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Home My WebLink About8-15-2023 FORMAL SESSION AGENDA CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR ROBERT M. "BOBBY"DYER,At Large Zp•g VICE MAYOR ROSEMARY WILSON—District 5Ncb MICHAEL F.BERL UCCHI—District 3 t BARBARA M.HENLEY—District 2 N.D. "ROCKY"HOLCOMB—District 1 ROBERT W. "WORTH"REMICK—District 6 DR.AMELIA N.ROSS-HAMMOND—District 4 % / _ JENNIFER ROUSE—District 10 44-s JOASHUA F. "JOASH"SCHULMAN—District 9 °" OUR NwO" CHRIS TAYLOR—District 8 SABRINA D. WOOTEN—District 7 CITY HALL BUILDING 1 CITY COUNCIL APPOINTEES 2401 COURTHOUSE DRIVE CITY MANAGER—PATRICK A.DUHANEY VIRGINIA BEACH, VIRGINIA 23456 CITY ATTORNEY—MARKD.STILES CITY COUNCIL AGENDA PHONE:(757)385-4303 CITY ASSESSOR—SUE CUNNINGHAM FAX(757)385-5669 CITY AUDITOR—LYNDONS.REMIAS August 15, 2023 EMAIL:CITYCOUNCIL@VBGOV.COM CITY CLERK—AMANDA BARNES MAYOR ROBERT M. "BOBBY" DYER PRESIDING I. CITY COUNCIL'S BRIEFING - Conference Room- 12:30 PM A. PROCESS IMPROVEMENT STEERING COMMITTEE UPDATE Brad Martin, Chair II. CITY MANAGER'S BRIEFINGS A. RUDEE LOOP RFII UPDATE 1:00 PM Kathy Warren, Director—Planning B. VIRGINIA AQUARIUM UPDATE 2:00 PM Monica Croskey Chaparro, Assistant City Manager III. CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS 3:00 PM IV. CITY COUNCIL AGENDA REVIEW 3:15 PM V. INFORMAL SESSION - Conference Room- 3:30 PM A. CALL TO ORDER B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer B. INVOCATION C. 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 August 8, 2023 H. MAYOR'S PRESENTATION 1. RECOGNITION OF KING NEPTUNE XLIX William"Bill"Lascara and Court Steve and Stephanie Sager, Celebration Chairmen I. FORMAL SESSION AGENDA 1. CONSENT AGENDA J. ORDINANCES 1. Ordinance to ADOPT the 2023 Redistricting Plan and to AUTHORIZE the implementation of a ten single-member district system of local elections 2. Ordinance to ESTABLISH Capital Project#100666 "Dam Neck Road—London Bridge Connector Improvements"; APPROPRIATE $22.5-MILLION in Public Facility Revenue Bonds; DEDICATE certain real estate tax revenue; and AUTHORIZE the execution of a Development Agreement for construction of infrastructure 3. Ordinance to AUTHORIZE the City Manager to EXECUTE five(5) Leases for the use of City Park Properties re Little League Operations 4. Ordinance to APPROPRIATE funds from the Tourism Investment Program (TIP) Fund Balance to AWARD a$90,000 grant to Hampton Roads Pride re Pride at the Beach 2024 (Requested by Mayor Dyer, Vice Mayor Wilson, Council Members Berlucchi, Holcomb, Remick, Ross- Hammond, Rouse, Schulman, Taylor, and Wooten) 5. Ordinance to AUTHORIZE temporary encroachments into a portion of City-owned property known as Treasure Canal and City-owned 5' drainage utility easement at the rear of 2241 Leeward Shore Court re construct and maintain a floating dock, timber pier, rip rap and boat lift DISTRICT 8 6. Ordinance to APPROPRIATE $750,000 from the Tourism Investment Program (TIP) Fund Balance to the FY2023-24 Convention and Visitors Bureau Operating Budget and AUTHORIZE the City Manager to EXECUTE a Sponsorship Agreement with Audacy Virginia LLC re new fall music festival 7. Ordinance to ACCEPT and APPROPRIATE $322,968 from the Virginia Department of Social Services to the FY2023-24 Human Services Operating Budget re Medicaid redetermination efforts 8. Ordinance to ACCEPT and APPROPRIATE $190,000 from the Virginia Beach Department of Public Health to the FY2023-24 Fire Department and Emergency Medical Services Operating Budget re implement an Aging in Place pilot program 9. Ordinance to ACCEPT and APPROPRIATE $59,364 from the Virginia Department of Criminal Justice Services to the FY2023-24 Human Services Operating Budget and TRANSFER$102,513 from the General Fund to provide the required local match re Community Corrections and Pretrial Services Programs 10. Ordinance to TRANSFER$996,254 from CIP Project 100589 "Central Utility Plant Enhancements"to CIP Project 100590 "Courts Building Direct Digital Control"re estimated labor costs increase 11. Ordinance to TRANSFER one position and associated funding from the Municipal Council to the Office of the City Manager re provide staff support for the Independent Citizen Review Board K. PLANNING 1. CITY OF VIRGINIA BEACH for a Street Closure re approximately 20,332 square feet of New York Avenue between South First Colonial Road and Oceana Boulevard DISTRICT 6 RECOMMENDATION: APPROVAL 2. ALEXANDRA PAGE POPE TRUST, DATED OCTOBER 30,2017 for a Change in Nonconformity re modify principal dwelling at 4205 and 4207 Atlantic Avenue DISTRICT 6 RECOMMENDATION: APPROVAL 3. WINNER'S PROPERTIES, LLC for a Modification of Proffers to a Conditional Rezoning and a Modifications of Conditions to a Conditional Use Permit re motor vehicle sales and service at 5200 Virginia Beach Boulevard DISTRICT 4 RECOMMENDATION: APPROVAL 4. FIRST CLASS EVENT RENTALS, LLC/W.E. SAMS PROPERTIES,LLC for a Conditional Use Permit re assembly use at 4020 Bonney Road, Suite 101 DISTRICT 4 RECOMMENDATION: APPROVAL 5. MILESTONE TOWER LIMITED PARTNERSHIP-IV/PAUL S. BROWN FAMILY, LLC for a Conditional Use Permit re communication tower for a portion of a parcel on the East Side of Harpers Road &North of London Bridge Road DISTRICT 5 RECOMMENDATION: APPROVAL 6. BEAU IBROWZ, LLC/WILLIS REALTY GROUP for a Conditional Use Permit re tattoo parlor at 4224 Virginia Beach Boulevard, Suite 104 DISTRICT 8 RECOMMENDATION: APPROVAL 7. ASCENSIONS GROUP, LLC/GEORGE & JOAN GEORGHIOU for a Conditional Use Permit re short term rental at 402 22nd Street DISTRICT 6 RECOMMENDATION: APPROVAL 8. NICHOLAS IULIANO for a Conditional Use Permit re short term rental at 505 20th Y2 Street DISTRICT 6 (Deferred from July 18, 2023) RECOMMENDATION: APPROVAL APPLICANT REQUESTS DEFERRAL TO SEPTEMBER 19,2023 9. JAMIE GEORGE for a Conditional Use Permit re short term rental at 507 20th Y2 Street DISTRICT 6 (Deferred from July 18, 2023) RECOMMENDATION: APPROVAL APPLICANT REQUESTS DEFERRAL TO SEPTEMBER 19,2023 L. APPOINTMENTS ACTIVE TRANSPORTATION ADVISORY COMMITTEE AGRICULTURE ADVISORY COMMISSION BAYFRONT ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION BOARD OF BUILDING CODE APPEALS CHESAPEAKE BAY ALCOHOL SAFETY ACTION PROGRAM CLEAN COMMUNITY COMMISSION COLLECTIVE BARGAINING TASK FORCE COMMUNITY SERVICES BOARD DEVELOPMENT AUTHORITY HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMISSION HOUSING ADVISORY BOARD HUMAN RIGHTS COMMISSION INDEPENDENT CITIZEN REVIEW BOARD MINORITY BUSINESS COUNCIL OCEANA LAND USE CONFORMITY COMMITTEE OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PLANNING COMMISSION PROCESS IMPROVEMENT STEERING COMMITTEE PUBLIC LIBRARY BOARD URBAN AGRICULTURE ADVISORY COMMITTEE VIRGINIA BEACH CANNABIS ADVISORY TASK FORCE VIRGINIA BEACH COMMUNITY DEVELOPMENT CORP. VIRGINIA BEACH VA250 COMMITTEE WETLANDS BOARD M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ************************* The Agenda(including all backup documents) is available at https://www.vbgov.com/government/departments/city-clerk/city-council under the eDocs Document Archive. If you would like to receive by email a list of the agenda items for each Council meeting, please submit your request to TChelius@vbgov.com or call 385-4303. Citizens who wish to speak can sign up either in-person or virtually via WebEx. Anyone wishing to participate virtually, must follow the two-step process provided below: 1. Register for the WebEx at: https://vbgov.webex.com/weblink/register/reb906d9ad4a75bc2866a56652eecfd71 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on August 15, 2023. I. CITY COUNCIL'S BRIEFING - Conference Room- 12:30 PM A. PROCESS IMPROVEMENT STEERING COMMITTEE UPDATE Brad Martin, Chair II. CITY MANAGER'S BRIEFINGS A. RUDEE LOOP RFII UPDATE 1:00 PM Kathy Warren, Director—Planning B. VIRGINIA AQUARIUM UPDATE 2:00 PM Monica Croskey Chaparro, Assistant City Manager III. CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS 3:00 PM IV. CITY COUNCIL AGENDA REVIEW 3:15 PM V. INFORMAL SESSION - Conference Room- 3:30 PM A. CALL TO ORDER B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby"Dyer B. INVOCATION C. 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 August 8, 2023 H. MAYOR'S PRESENTATION 1. RECOGNITION OF KING NEPTUNE XLIX William"Bill" Lascara and Court Steve and Stephanie Sager, Celebration Chairmen I. FORMAL SESSION AGENDA 1. CONSENT AGENDA J. ORDINANCES 1. Ordinance to ADOPT the 2023 Redistricting Plan and to AUTHORIZE the implementation of a ten single-member district system of local elections 2. Ordinance to ESTABLISH Capital Project#100666 "Dam Neck Road—London Bridge Connector Improvements"; APPROPRIATE $22.5-MILLION in Public Facility Revenue Bonds; DEDICATE certain real estate tax revenue; and AUTHORIZE the execution of a Development Agreement for construction of infrastructure 3. Ordinance to AUTHORIZE the City Manager to EXECUTE five(5) Leases for the use of City Park Properties re Little League Operations 4. Ordinance to APPROPRIATE funds from the Tourism Investment Program (TIP) Fund Balance to AWARD a$90,000 grant to Hampton Roads Pride re Pride at the Beach 2024 (Requested by Mayor Dyer, Vice Mayor Wilson, Council Members Berlucchi, Holcomb, Remick, Ross- Hammond, Rouse, Schulman, Taylor, and Wooten) 5. Ordinance to AUTHORIZE temporary encroachments into a portion of City-owned property known as Treasure Canal and City-owned 5' drainage utility easement at the rear of 2241 Leeward Shore Court re construct and maintain a floating dock, timber pier, rip rap and boat lift DISTRICT 8 6. Ordinance to APPROPRIATE $750,000 from the Tourism Investment Program(TIP) Fund Balance to the FY2023-24 Convention and Visitors Bureau Operating Budget and AUTHORIZE the City Manager to EXECUTE a Sponsorship Agreement with Audacy Virginia LLC re new fall music festival 7. Ordinance to ACCEPT and APPROPRIATE $322,968 from the Virginia Department of Social Services to the FY2023-24 Human Services Operating Budget re Medicaid redetermination efforts 8. Ordinance to ACCEPT and APPROPRIATE $190,000 from the Virginia Beach Department of Public Health to the FY2023-24 Fire Department and Emergency Medical Services Operating Budget re implement an Aging in Place pilot program 9. Ordinance to ACCEPT and APPROPRIATE $59,364 from the Virginia Department of Criminal Justice Services to the FY2023-24 Human Services Operating Budget and TRANSFER$102,513 from the General Fund to provide the required local match re Community Corrections and Pretrial Services Programs 10. Ordinance to TRANSFER $996,254 from CIP Project 100589 "Central Utility Plant Enhancements"to CIP Project 100590 "Courts Building Direct Digital Control"re estimated labor costs increase 11. Ordinance to TRANSFER one position and associated funding from the Municipal Council to the Office of the City Manager re provide staff support for the Independent Citizen Review Board reTA OS- IA CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Adopt the 2023 Redistricting Plan and to Authorize Implementation of a Ten Single-Member District System of Local Elections MEETING DATE: August 15, 2023 • Background: The Virginia Constitution and Virginia Code include requirements for the reapportionment of election districts following each decennial census. The Virginia Code further provides that members of local governing bodies in office on the effective date of a decennial redistricting measure shall complete their terms of office. The City Charter also includes a requirement to redraw election districts to equalize the populations of the districts. The November 2022 Election was held using a 10-1 system. The 10-1 system was initially imposed by court order, and candidates had already qualified for the ballot when the court order was vacated. In early 2023, the City Council undertook a public input initiative that included public hearings in each of the ten districts and two virtual hearings. The City Council also requested that the University of Virginia's Weldon Cooper Center for Public Service conduct a survey of public opinion in the City, and the Center's statistically validated survey showed 81% support for a 10-1 system with a 4.3% margin of error. Having received the input of the residents, the City Council desires to adopt a redistricting ordinance, and such ordinance sets forth ten single-member election districts. • Considerations: The attached ordinance adopts the same maps that were used in the November 2022 Election. These maps divide the City into ten districts of roughly equal populations. The ordinance has ten maps attached to provide the geographical boundaries, and a list of the precincts for each of the ten districts is also attached. If adopted, the Voter Registrar and the City Attorney are directed to seek preclearance from the Virginia Attorney General. The ten district maps were previously precleared by the Office of the Attorney General in January 2022. In addition to the maps, the ordinance provides a schedule for the election of successors to the current members. The ordinance acknowledges the implementation of ten districts and the schedule of elections is not consistent with the current text of the City Charter. The Virginia Constitution (Article VII, Section 5) and the Virginia Code (§ 24.2-304.1(B)) support the ability of a local governing body to add districts in the body's discretion to give representation on the basis of population. Moreover, a different section of the Virginia Code (§ 24.2-311(E)) has superseding language that allows the decennial redistricting ordinance to override the charter. However, the City's Legislative Agenda will most likely 2023 Redistricting Ordinance Page 2 of 2 include either a charter change or general law request to address the inconsistency between the redistricting ordinance and the current text of the City Charter. If adopted the redistricting plan will impact the School Board. The City Charter requires the members of the School Board to be elected in the same manner and according to the same schedule that members of the City Council are elected. The ordinance directs the City Clerk to provide a certified copy of the ordinance and maps to various local and state agencies. To the extent needed, the assistance of the Geographic Information Systems staff is authorized. • Public Information: Public information will be provided through the normal Council agenda process. Two notices where published in the Beacon on Sunday, July 23, 2023, and Sunday, July 30, 2023. The public hearing was held on August 8, 2023 at the City Council's Formal Session. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance; 10 District Maps; 10 Precinct Lists Recommended Action: Approval Submitting Department/Agency: Office of the City Attorney City Manager: (7 1 AN ORDINANCE TO ADOPT THE 2023 2 REDISTRICTING PLAN AND TO AUTHORIZE 3 IMPLEMENTATION OF A TEN SINGLE-MEMBER 4 DISTRICT SYSTEM OF LOCAL ELECTIONS 5 6 WHEREAS, Code of Virginia §24.2-304.1 provides that localities must reapportion 7 local election districts after each decennial census; 8 9 WHEREAS, Code of Virginia § 24.2-311(B) provides that members of local 10 governing bodies in office on the effective date of a decennial redistricting measure shall 11 complete their terms of office; 12 13 WHEREAS, Section 3.01 of the Charter of the City of Virginia Beach requires 14 adjustment of district boundaries "as may be necessary to ensure that the populations of 15 the districts remain approximately equal"; 16 17 WHEREAS, Section 3.02:2 of the Charter of the City of Virginia Beach requires the 18 mayor be elected at large; 19 20 WHEREAS, the City Council undertook a public input initiative that included duly 21 noticed, public hearings in each of the ten districts and two virtual hearings; 22 23 WHEREAS, as part of its public input initiative, City Council engaged the Weldon 24 Cooper Center for Public Service, a center at the University of Virginia, to survey public 25 opinion in the City, and the Center has produced a statistically validated survey that 26 showed 81% support for a 10-1 system with a 4.3% margin of error; 27 28 WHEREAS, the U.S. District Court for the Eastern District of Virginia previously 29 ruled that the City's 7-4 election system as set forth in Section 3.01 of the Charter of the 30 City of Virginia Beach does not comply with Section 2 of the Voting Rights Act, 52 U.S.C. 31 § 10301, such ruling was vacated on appeal by the Fourth Circuit U.S. Court of Appeals, 32 but said case was remanded to the U.S. District Court for further proceedings; 33 34 WHEREAS, the U.S. District Court for the Eastern District of Virginia previously 35 ruled that a specific 10-1 system with three (3) Minority Opportunity Districts does comply 36 with Section 2 of the Voting Rights Act, 52 U.S.C. § 10301, although such ruling was 37 vacated on appeal by the Fourth Circuit U.S. Court of Appeals; 38 39 WHEREAS, on January 14, 2022, the City obtained pre-clearance of the specific 40 10-1 plan approved by the U.S. District Court from the Virginia Attorney General under 41 the Virginia Voting Rights Act, and that 10-1 plan was utilized in the November 2022 42 elections; 43 44 WHEREAS, the City Council desires to adopt a redistricting ordinance, and such 45 ordinance sets forth ten single-member election districts utilizing the plan and districts 46 previously pre-cleared by the Virginia Attorney General, approved by the U.S. District 47 Court, and used to conduct the November 2022 elections; 48 49 WHEREAS, Section 16.04 of the Charter of the City of Virginia Beach requires the 50 members of the School Board to be elected in the same manner and according to the 51 same schedule that members of the City Council are elected; and 52 53 WHEREAS, the City Council recognizes the current text of the City Charter 54 presently authorizes seven residency districts (which were converted to single-member 55 districts by operation of Virginia Code § 15.2-1400(F)) and four at-large districts, but the 56 City Council deems it appropriate to increase the number of single-member districts from 57 seven to ten in order to give, as nearly as is practicable, representation on the basis of 58 population and for other good cause shown; 59 60 WHEREAS, the City Council intends to rely upon Article VII, § 5 of the Virginia 61 Constitution ("When members are so elected by district, the governing body of any 62 county, city, or town may, in a manner provided by law, increase or decrease the number 63 and change the boundaries, of districts..."), Virginia Code § 24.2-304.1(B) ("In 1971 and 64 every 10 years thereafter, the governing body of each such locality shall reapportion the 65 representation among the districts or wards, including, if the governing body deems it 66 appropriate, increasing or diminishing the number of such districts or wards, in order to 67 give, as nearly as is practicable, representation on the basis of population."), and Virginia 68 Code § 24.2-311(E) ("In the event of a conflict between the provisions of a decennial 69 redistricting measure and the provisions of the charter of any locality, the provisions of 70 the redistricting measure shall be deemed to override the charter provisions to the extent 71 required to give effect to the redistricting plan."); 72 73 NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 74 VIRGINIA BEACH, VIRGINIA: 75 76 1. That pursuant to Code of Virginia § 24.2-304.1 and City Charter§ 3.01, the 77 City Council hereby adopts the ten single-member district redistricting plan attached 78 hereto in the form of ten district maps providing the boundaries of each of the ten districts. 79 These ten maps are hereby incorporated by reference. A copy of each map has been 80 filed with the City Clerk's office. The boundaries shown on each map align with certain 81 precinct boundaries, and a list of precincts for each of the ten single-member districts is 82 provided in the attached precinct list for each of the ten districts. These lists of precincts 83 are hereby incorporated by reference. 84 85 2. That to implement this decennial redistricting measure, the City Council 86 hereby provides for the election of a member from the districts according to the following 87 schedule, which allows the election of successors to current members of the City Council 88 to occur at the general election next preceding the expiration of the terms of office of the 89 incumbent members: 90 District 1 — November 2024; 91 District 2 — November 2026; 92 District 3 — November 2024; 93 District 4 — November 2026; 94 District 5 — November 2024; 95 District 6 — November 2026; 96 District 7 — November 2024; 97 District 8 — November 2026; 98 District 9 — November 2026; and 99 District 10 — November 2026. 100 101 3. The Voter Registrar and the City Attorney are hereby directed to seek a 102 certification of no objection from the Office of the Attorney General using the preclearance 103 procedure provided by Virginia Code § 24.2-129(D) for the precinct change authorized 104 herein. The precinct change shall not be administered unless and until the Attorney 105 General has provided such certification or if 60 days lapses without the Attorney General 106 interposing an objection. 107 108 4. A copy of this ordinance shall be recorded in the official minutes of the City 109 Council. The City Clerk shall send a certified copy of this ordinance and the attachments 110 thereto to the local electoral board, the Secretary of the Commonwealth, the Virginia 111 Department of Elections, and the Division of Legislative Services. The City's Geographic 112 Information Systems staff shall provide supporting information as needed. Adopted by the City Council of the City of Virginia Beach, Virginia on the day of , 2023. 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CITY OF VIRGINIA BEACH PRECINCT LIST- DISTRICT 1 PRECINCT PRECINCT SENATE HOUSE LOCAL POLLING NUMBER NAME DISTRICT DISTRICT DISTRICT LOCATION 0022 Precinct 22 22 95 1 Point 0' View Elementary School 5400 Parliament Drive 23462 PHONE: 648-3440 0023 Precinct 23 22 95 1 Arrowhead Elementary School 5549 Susquehanna Drive 23462 PHONE: 648-2040 0025 Precinct 25 22 95 1 Fairfield Elementary School 5428 Providence Rd. 23464 PHONE: 648-2480 0026 Precinct 26 22 97 1 Kempsville Presbyterian Church 805 Kempsville Road 23464 PHONE: 495-1913 0051 Precinct 51 22 97 1 Kempsville Area Library 832 Kempsville Road 23464 PHONE: 385-0150 0052 Precinct 52 22 97 1 Providence Presbyterian Church 5497 Providence Road 23464 PHONE: 420-6159 0057 Precinct 57 22 95 1 Saint Matthew Catholic Church 3314 Sandra Lane 23464 PHONE: 420-6310 0068 Precinct 68 22 97 1 Providence Elementary School 4968 Providence Road 23464 PHONE: 648-3520 0078 Precinct 78 22 96 1 Indian Lakes Elementary School 1240 Homestead Drive 23464 PHONE: 648-2680 0089 Precinct 89 22 96 1 New Covenant Presbyterian Church 1552 Kempsville Road 23464 PHONE: 467-5945 Precinct information subject to change April 17,2023 Page 1 of 2 Voter Registration &Elections CITY OF VIRGINIA BEACH PRECINCT LIST- DISTRICT 1 PRECINCT PRECINCT SENATE HOUSE LOCAL POLLING NUMBER NAME DISTRICT DISTRICT DISTRICT LOCATION 0091 Precinct 91 22 97 1 Larkspur Middle School 4696 Princess Anne Road 23462 PHONE: 648-4800 Precinct information subject to change April 17,2023 Page 2 of 2 (4t v q(limma➢rrli Voter Registration &Elections CITY OF VIRGINIA BEACH PRECINCT LIST- DISTRICT 2 PRECINCT PRECINCT SENATE HOUSE LOCAL POLLING NUMBER NAME DISTRICT DISTRICT DISTRICT LOCATION 0031 Precinct 31 19 98 2 Red Mill Elementary School 1860 Sandbridge Road 23456 PHONE: 648-3560 0032 Precinct 32 19 98 2 Oak Grove Baptist Church 691 Princess Anne Road 23457 PHONE: 426-2782 0033 Precinct 33 19 98 2 Back Bay Christian Assembly 1212 Princess Anne Road 23457 PHONE: 426-7943 0034 Precinct 34 19 98 2 Blackwater Fire Station 6009 Blackwater Road 23457 PHONE: 385-7513 0035 Precinct 35 19 98 2 Kellam High School 2665 West Neck Road 23456 PHONE: 648-5100 0054 Precinct 54 19 98 2 Landstown High School 2001 Concert Drive 23456 PHONE: 648-5500 0058 Precinct 58 22 96 2 Glenwood Elementary School 2213 Round Hill Drive 23464 PHONE: 648-2520 0060 Precinct 60 19 98 2 WAVE Church 2655 Seaboard Road 23456 PHONE: 481-5005 0062 Precinct 62 19 98 2 Restoration Church at Landstown 3220 Monet Drive 23453 PHONE: 301-2906 0082 Precinct 82 19 98 2 Christopher Farms Elementary School 2828 Pleasant Acres Drive 23453 PHONE: 648-2240 Precinct information subject to change April 17,2023 r,n ass Page 1 of 2 Voter Registration &Elections CITY OF VIRGINIA BEACH PRECINCT LIST- DISTRICT 2 PRECINCT PRECINCT SENATE HOUSE LOCAL POLLING NUMBER NAME DISTRICT DISTRICT DISTRICT LOCATION 0087 Precinct 87 19 98 2 New Castle Elementary School 4136 Dam Neck Road 23456 PHONE: 648-3080 0088 Precinct 88 19 98 2 Hope Haven 3000 North Landing Road 23456 PHONE: 427-1500 0100 Precinct 100 19 98 2 Tabernacle United Methodist Church 1265 Sandbridge Rd. 23456 PHONE: 426-2396 Precinct information subject to change April 17,2023 quo Page 2 of 2 Voter Registctionsration CITY OF VIRGINIA BEACH PRECINCT LIST- DISTRICT 3 PRECINCT PRECINCT SENATE HOUSE LOCAL POLLING NUMBER NAME DISTRICT DISTRICT DISTRICT LOCATION 0012 Precinct 12 20 97 3 Lynnhaven Elementary School 210 Dillon Drive 23452 PHONE: 648-3000 0013 Precinct 13 22 97 3 Windsor Woods Elementary School 233 Presidential Boulevard 23452 PHONE: 648-4160 0024 Precinct 24 22 97 3 St. Andrew's United Methodist Church 717 Tucson Road 23462 PHONE: 467-1047 0027 Precinct 27 22 97 3 Kempsville Middle School 860 Churchill Drive 23464 PHONE: 648-4700 0036 Precinct 36 22 97 3 Red Church Steeple 245 S. Rosemont Rd 23452 PHONE: 228-1502 0053 Precinct 53 22 97 3 Kempsville Elementary School 570 Kempsville Road 23464 PHONE: 648-2720 0055 Precinct 55 19 97 3 Virginia Beach Moose Family Center 3133 Shipps Corner Road 23453 PHONE: 468-4124 0077 Precinct 77 20 97 3 Plaza Annex 641 Carriage Hill Rd 23452 PHONE: 263-2403 0079 Precinct 79 22 95 3 Emmanuel Episcopal Church 5181 Singleton Way 23462 PHONE: 499-1271 0094 Precinct 94 20 97 3 Plaza Middle School 3080 S. Lynnhaven Road 23452 PHONE: 648-4900 Precinct information subject to change April 17,2023 Page 1 of 1 Moor lirytnio w ad, Voter Registration &Elections CITY OF VIRGINIA BEACH PRECINCT LIST- DISTRICT 4 PRECINCT PRECINCT SENATE HOUSE LOCAL POLLING NUMBER NAME DISTRICT DISTRICT DISTRICT LOCATION 0016 Precinct 16 22 95 4 Bayside Sixth Grade Campus 4722 Jericho Road 23462 PHONE: 648-4440 0021 Precinct 21 22 95 4 Bettie F. Williams Elementary School 892 Newtown Road 23462 PHONE: 648-4080 0040 Precinct 40 22 95 4 Union Baptist Church 4608 South Blvd 23452 PHONE: 497-0287 0061 Precinct 61 22 95 4 Ebenezer Baptist Church 965 Baker Road 23455 PHONE: 490-9690 0069 Precinct 69 20/22 95/100 4 Unity Church of Tidewater 5580 Shell Road 23455 PHONE: 464-0772 0076 Precinct 76 20 97 4 Thalia Lynn Baptist Church 4392 Virginia Beach Boulevard 23462 PHONE: 499-0557 0093 Precinct 93 22 95 4 Enoch Baptist Church Family Life Center 5685 Herbert Moore Road 23462 PHONE: 552-7020 0106 Precinct 106 22 97 4 Thalia United Methodist Church 4321 Virginia Beach Blvd. 23452 PHONE: 340-5015 Precinct information subject to change April 17,2023 Fry 1, Page 1 of 1 Voter Registration &Elections CITY OF VIRGINIA BEACH PRECINCT LIST- DISTRICT 5 PRECINCT PRECINCT SENATE HOUSE LOCAL POLLING NUMBER NAME DISTRICT DISTRICT DISTRICT LOCATION 0003 Precinct 3 19 98 5 Ocean Lakes Elementary School 1616 Upton Drive 23454 PHONE: 648-3200 0030 Precinct 30 19 98 5 Seatack Elementary School 912 S. Birdneck Road 23451 PHONE: 648-3720 0063 Precinct 63 19 98 5 Ocean Lakes High School 885 Schumann Drive 23454 PHONE: 648-5550 0066 Precinct 66 19' 98 5 Princess Anne Recreation Center 1400 Nimmo Parkway 23456 PHONE: 385-5950 0070 Precinct 70 19 98 5 Corporate Landing Middle School 1597 Corporate Landing Parkway 23454 PHONE: 648-4500 0072 Precinct 72 19 98 5 W. T. Cooke Elementary School 1501 Mediterranean Avenue 23451 PHONE: 648-2320 0083 Precinct 83 19 98 5 Strawbridge Elementary School 2553 Strawbridge Road 23456 PHONE: 648-3800 0085 Precinct 85 19 98 5 Three Oaks Elementary School 2201 Elson Green Avenue 23456 PHONE: 648-3960 0095 Precinct 95 19 98 5 Corporate Landing Elementary School 1590 Corporate Landing Parkway 23454 PHONE: 648-2360 Precinct information subject to change A/1 April 17,2023 ter„ Page a Page 1 of 1 Voter Registration &Elections CITY OF VIRGINIA BEACH PRECINCT LIST- DISTRICT 6 PRECINCT PRECINCT SENATE HOUSE LOCAL POLLING NUMBER NAME DISTRICT DISTRICT DISTRICT LOCATION 0001 Precinct 1 20 99 6 Galilee Episcopal Church 3928 Pacific Avenue 23451 PHONE: 428-3573 0002 Precinct 2 20 99 6 Museum Of Contemporary Art 2200 Parks Avenue 23451 PHONE: 425-0000 0004 Precinct 4 20 99 6 Virginia Beach Community Chapel 1261 Laskin Road 23451 PHONE 428-1881 0005 Precinct 5 19 99 6 Mount Olive Baptist Church 310 N. Birdneck Road 23451 PHONE: 422-3797 0006 Precinct 6 20 99 6 Alanton Elementary School 1441 Stephens Road 23454 PHONE: 648-2000 0011 Precinct 11 20 99 6 Edgar Cayce's Association for Research and Enlightenment 215 67th Street 23451 PHONE: 428-3588 0050 Precinct 50 20 99 6 The Gathering at Scott Memorial United Methodist Church 409 First Colonial Road 23454 PHONE: 428-3720 0067 Precinct 67 20 99 6 Eastern Shore Chapel 2020 Laskin Road 23454 PHONE: 428-6768 0096 Precinct 96 20 99 6 Freedom Fellowship 836 Regency Drive 23454 PHONE: 428-3277 0107 Precinct 107 20 99 6 Linkhorn Park Elementary School 977 First Colonial Road 23454. PHONE: 648-2920 Precinct information subject to change April 17,2023 fl � Page 1 of 1 Voter Registration &Elections CITY OF VIRGINIA BEACH PRECINCT LIST- DISTRICT 7 PRECINCT PRECINCT SENATE HOUSE LOCAL POLLING NUMBER NAME DISTRICT DISTRICT DISTRICT LOCATION 0041 Precinct 41 22 95 7 College Park Elementary School 1110 Bennington Road 23464 PHONE: 648-2280 0042 Precinct 42 22 96 7 Brandon Middle School 1700 Pope Street 23464 PHONE: 648-4450 0043 Precinct 43 22 96 7 Salem Middle School 2380 Lynnhaven Parkway 23464 PHONE: 648-5000 0044 Precinct 44 22 96 7 Centerville Elementary School 2201 Centerville Turnpike 23464 PHONE: 648-2200 0064 Precinct 64 22 96 7 Rosemont Forest Elementary School 1716 Grey Friars Chase 23456 PHONE: 648-3640 0065 Precinct 65 22 96 7 Colonial Baptist Church 2221 Centerville Turnpike 23464 PHONE: 479-0755 0071 Precinct 71 22 96 7 Salem High School 1993 Sun Devil Drive 23464 PHONE: 648-5650 0084 Precinct 84 22 95 7 Tallwood Elementary School 2025 Kempsville Road 23464 PHONE: 648-3840 0097 Precinct 97 22 96 7 San Lorenzo Spiritual Center 4556 Indian River Rd. 23456 PHONE: 471-8949 0104 Precinct 104 22 95 7 Woodstock Elementary School 6016 Providence Road 23464 PHONE: 648-4200 Precinct information subject to change April 17,2023 Th e ti Page 1 of 1 Voter Registration &Elections CITY OF VIRGINIA BEACH PRECINCT LIST- DISTRICT 8 PRECINCT PRECINCT SENATE HOUSE LOCAL POLLING NUMBER NAME DISTRICT DISTRICT DISTRICT LOCATION 0007 Precinct 7 20 99 8 King's Grant Presbyterian Church 745 Little Neck Road 23452 PHONE: 340-2840 0008 Precinct 8 20 97 8 London Bridge Baptist Church 2460 Potters Road 23454 PHONE: 486-7900 0009 Precinct 9 20 99 8 Great Neck Baptist Church 1020 General Jackson Dr. 23454 PHONE: 481-1573 0010 Precinct 10 20 99 8 All Saints' Episcopal Church 1969 Woodside Lane 23454 PHONE: 481-0577 0014 Precinct 14 20 99 8 Malibu Elementary School 3632 Edinburgh Drive 23452 PHONE: 648-3040 0028 Precinct 28 20 99 8 Thalia Elementary School 421 Thalia Road 23452 PHONE: 648-3880 0047 Precinct 47 20 99 8 King's Grant Elementary School 612 N Lynnhaven Road 23452 PHONE: 648-2800 0048 Precinct 48 20 99 8 WAVE Church 1000 N. Great Neck Road 23454 PHONE: 481-5005 0049 Precinct 49 20 99 8 John B. Dey Elementary School 1900 N. Great Neck Rd. 23454 PHONE: 648-2440 0056 Precinct 56 20 99 8 St. Aidan's Episcopal Church 3201 Edinburgh Drive 23452 PHONE: 340-6459 Precinct information subject to change April 17,2023 srs,,,rl,limo. Page 1 of 2 Voter Registration &Elections CITY OF VIRGINIA BEACH PRECINCT LIST- DISTRICT 8 PRECINCT PRECINCT SENATE HOUSE LOCAL POLLING NUMBER NAME DISTRICT DISTRICT DISTRICT LOCATION 0075 Precinct 75 20 99 8 Lynnhaven Colony Congregational Church 2217 W. Great Neck Road 23451 PHONE: 481-7674 0092 Precinct 92 20 99 8 Lynnhaven United Methodist Church 1033 Little Neck Road 23452 PHONE: 340-5682 0105 Precinct 105 20 100 8 Pembroke Meadows Elementary School 820 Cathedral Drive 23455 PHONE: 648-3360 0108 Precinct 108 20 100 8 The Gala 417 2105 W Great Neck Road 23451 PHONE: 773-9568 Precinct information subject to change April 17,2023 Page 2 of 2 Voter Registration &Elections CITY OF VIRGINIA BEACH PRECINCT LIST- DISTRICT 9 PRECINCT PRECINCT SENATE HOUSE LOCAL POLLING NUMBER NAME DISTRICT DISTRICT DISTRICT LOCATION 0015 Precinct 15 20 95 9 Calvary Baptist Church 4832 Haygood Road 23455 PHONE: 499-1572 0017 Precinct 17 20 100 9 Louis R. Jones Bayside. Recreation Center 4500 First Court Road 23455 PHONE: 385-5930 0018 Precinct 18 20 100 9 Independence Middle School 1370 Dunstan Lane 23455 PHONE: 648-4600 0019 Precinct 19 20 100 9 Bayside Church of Christ 5025 Shell Road 23455 PHONE: 460-4754 0020 Precinct 20 20 100 9 Bayside Elementary School 5649 Bayside Road 23455 PHONE: 648-2080 0037 Precinct 37 20 100 9 Bayside Baptist Church 1920 Pleasure House Road 23455 PHONE: 460-2481 •0038 Precinct 38 20 100 9 Bayside Presbyterian Church 1400 Ewell Road 23455 PHONE: 460-1188 0039 Precinct 39 22 97 9 Pembroke Elementary School 4622 Jericho Road 23462 PHONE: 648-3320 0059 Precinct 59 20 100 9 Shelton Park Elementary School 1700 Shelton Road 23455 PHONE: 648-3760 0086 Precinct 86 20 100 9 Haygood United Methodist Church 4713 Haygood Road 23455 PHONE: 499-1269 Precinct information subject to change April 17,2023 Page 1 of 2 Voter Registration &Elections CITY OF VIRGINIA BEACH PRECINCT LIST- DISTRICT 9 PRECINCT PRECINCT SENATE HOUSE LOCAL POLLING NUMBER NAME DISTRICT DISTRICT DISTRICT LOCATION 0090 Precinct 90 20 100 9 Morning Star Baptist Church 4780 First Court Road 23455 PHONE: 464-3663 0101 Precinct 101 22 95 9 Luxford Elementary School 4808 Haygood Road 23455 PHONE: 648-2960 0102 Precinct 102 22 95 9 Diamond Springs Elementary School 5225 Learning Circle 23462 PHONE: 648-4240 Precinct information subject to change April 17,2023 (Ft,/ Bra, Page 2 of 2 Voter Registration &Elections CITY OF VIRGINIA BEACH PRECINCT LIST- DISTRICT 10 PRECINCT PRECINCT SENATE HOUSE LOCAL POLLING NUMBER NAME DISTRICT DISTRICT DISTRICT LOCATION 0029 Precinct 29 22 96 10 Holland Elementary School 3340 Holland Road 23452 PHONE: 648-2640 0045 Precinct 45 22 96 10 White Oaks Elementary School 960 Windsor Oaks Boulevard 23462 PHONE: 648-4040 0046 Precinct 46 22 96 10 Green Run Elementary School 1200 Green Garden Circle 23453 PHONE: 648-2560 0073 Precinct 73 22 96 10 Green Run High School 1700 Dahlia Drive 23453 PHONE: 648-5350 0074 Precinct 74 22 96 10 Green Run Baptist Church 1201 Rosemont Rd. 23453 PHONE: 427-5087 0080 Precinct 80 22 96 10 Kingdom Cathedral 3820 Stoneshore Road 23452 PHONE: 278-7556 0081 Precinct 81 22 96 10 Salem Elementary School 3961 Salem Lakes Boulevard 23456 PHONE: 648-3680 0098 Precinct 98 22 97 10 Windsor Oaks Elementary School 3800 Van Buren Drive 23452 PHONE: 648-4120 0099 Precinct 99 22 96 10 Parkway Elementary School 4180 O'Hare Drive 23453 PHONE: 648-3280 0103 Precinct 103 22 97 10 Kempsville Meadows Elementary School 736 Edwin Drive 23462 PHONE: 648-2760 Precinct information subject to change April 17,2023 «rariru»n,h Page 1 of 1 Voter Registration &Elections NU�N�11 Or ` % ), CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance (1) Establishing Capital Project #100666 "Dam Neck Road - London Bridge Connector Improvements," (2) Appropriating $22.5 Million in Public Facility Revenue Bonds, (3) Dedicating Certain Real Estate Tax Revenue, and (4) Authorizing the Execution of a Development Agreement for Construction of Infrastructure MEETING DATE: August 15, 2023 • Background: On June 7, 2022, the City Council approved the rezoning from AG- 1 and Conditional I-1 to I-1 of approximately 160 acres south of Dam Neck Road near Harpers Road (GPIN: 2405-63-1630), as shown on the exhibit map attached to the Ordinance as Exhibit A (the "Property"). PDC TN/FL LPIV, LLC and Samet Properties, LLC (collectively, the "Developer") intend to develop the Property in phases, with the first phase proposed as a five-level, 3.2 million gross square feet warehouse and distribution facility ("Phase I"). In addition to Phase I on the Property, the Developer intends to construct an additional 219,000 square feet of distribution and final-mile delivery space on property located on the opposite side of Dam Neck Road (GPIN: 2405-45-5599), also as shown on Exhibit A ("Phase II", and collectively with the Phase I, the "Project"). To incentivize the Project to locate in Virginia Beach, the City Council has directed City Staff to offer to pay the cost of construction of infrastructure improvements, including a new two-lane road to be located within the alignment of the former Southeastern Parkway, traffic signal improvements, stormwater facilities, and utility relocation and expansion (collectively, the "Infrastructure Improvements"), more particularly described in Exhibit B attached to the Ordinance. The Infrastructure Improvements will be located within public right-of-way (existing or dedicated), or in the case of some stormwater facilities, on the Property. These improvements will support future development and the surrounding area. It is proposed to create and fund Capital Project 100666 "Dam Neck Road-London Bridge Connector Improvements" and appropriate $22.5 million to fund the cost of the Infrastructure Improvements. A development agreement between the City and Developer is proposed to allow Developer to construct the Infrastructure Improvements in conjunction with the construction of the Initial Phase. • Considerations: The Project will be funded by Public Facility Revenue Bonds to be repaid by the City's General Fund. The debt service is estimated to be $2.1 million annually, and once the Project has stabilized, the real estate revenue should fully support the debt service. Therefore, the ordinance includes a dedication of the real estate revenues to support the debt. All other revenue streams would be subject to the City/Schools Revenue Sharing Policy. Phase I is expected to have a $350 million private investment and would create approximately 1,000 new full-time jobs for the local economy, with an estimated average hourly wage of $17. Phase II is expected to have an additional $33 million private investment that would create 50-100 new full-time jobs, and 500-1 ,000 new part-time jobs, with an average hourly wage of$20. It is anticipated that both phases of the Project will break ground in the fourth quarter of 2023. • Public Information: Public notice will be provided via the normal City Council agenda process. As this appropriation exceeds 1% of the Capital Improvement Program, a public hearing is necessary required. The public hearing was held on August 8, 2023. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance; Exhibit A (Map); Exhibit B (Infrastructure Improvements); Capital Project Page; Disclosure Recommended Action: Approval Submitting Department/Agency: Economic Development City Manager: // 1 AN ORDINANCE (1) ESTABLISHING CAPITAL 2 PROJECT #100666 "DAM NECK ROAD-LONDON 3 BRIDGE CONNECTOR IMPROVEMENTS," (2) 4 APPROPRIATING $22.5 MILLION IN PUBLIC 5 FACILITY REVENUE BONDS, (3) DEDICATING 6 CERTAIN REAL ESTATE TAX REVENUE, AND (4) 7 AUTHORIZING THE EXECUTION OF A 8 DEVELOPMENT AGREEMENT FOR 9 CONSTRUCTION OF INFRASTRUCTURE 10 11 WHEREAS, the City Council conducted a public hearing on August 8, 2023, to 12 receive the input of residents regarding a proposed amendment to the Capital 13 Improvement Program (CIP) that exceeds 1%; 14 15 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 16 VIRGINIA BEACH, VIRGINIA, THAT: 17 18 1) Capital Project #100666, "Dam Neck Road- London Bridge Connector 19 Improvements," is hereby established within the FY 2023-24 Economic and 20 Tourism Development CIP Section. The Project Page attached hereto shall be 21 added to the CIP. 22 23 2) $22,500,000 is hereby appropriated to Capital Project #100666. The revenue 24 supporting this appropriation is the use of Public Facility Revenue Bonds 25 (PFRBs). The Director of Finance is hereby authorized and directed to 26 supplement the reimbursement declaration for the PFRB authorization related 27 to the FY2023-2024 CIP to include this authorization. The debt service 28 associated with these bonds is to be supported by the City's General Fund 29 using the dedication provided in Paragraph 3, infra. 30 31 3) The City Council hereby dedicates the real estate revenues within the project 32 boundaries as set forth in Exhibit A, which is attached hereto and incorporated 33 herein, to support the debt service associated with the PFRBs. 34 35 4) The City Manager is authorized to execute a development agreement with the 36 developer of the project, PDC TN/FL LPIV, LLC and Samet Properties, LLC, 37 provided such development agreement includes a minimum private investment 38 of $350 million and the creation of approximately 1,000 new full-time jobs. 39 Such development agreement shall also provide for the construction of the 40 infrastructure improvements set forth in Exhibit B, which is attached hereto and 41 incorporated herein. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2023. Requires the affirmative vote of a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: .4:L4:7 11 L�..,.r�� ,._ Budget�nd Management Services i - � �jc or ey s Office CA16226 R-1 July 28, 2023 vY . . r. Q- fr �0�Q Project ' f' Door Iz I / Project f `-, # Beach -- - - E �' �i r m Neck Rd -- ' -- ,tom:9_•,� ..... _ i:� rtp�xR. .. It li , r •t' ;< si 4-vis-,N1-1- -I - • II-1-1 / , i. 4S EXHI BIT B (Infrastructure Improvements) Phase I: Existing Utility Relocation $ 500,000 Traffic Signals 500,000 Site Prep, Erosion Control 7,500,000 Stormwater Management 6,000,000 Engineering & Inspections 2,500,000 Contingency 3,000,000 SUB-TOTAL: $ 20,000,000 Phase II: Existing Utility Relocation $ 100,000 Stormwater Management 250,000 Roadway Lighting 400,000 Road Improvements 1,500,000 Contingency 250,000 SUB-TOTAL: $ 2,500,000 TOTAL: $22'250 000 Fiscal Years FY24 through FY29 Capital Improvement Program Project:PG100666 'Title:Dam Neck Road-London Bridge Connector Improvements Status:Proposed Category:Economic and Tourism Development Department:Economic Development Project Type Project Location Project Type:New Construction District:5 Programmed Funding Programmed Appropriated Budgeted Non-Appropriated Programmed CIP Funding Funding Funding To Date FY24 FY25 FY26 FY27 FY28 FY29 Future 22,500,000 - 22,500,000 - - - - -Description and Scope This project is for$22.5 million of infrastructure improvements in the right of way,formerly identified to be developed as the Southeastern Parkway&Greenbelt between Dam Neck and London Bridge Roads,and adjacent property.Infrastructure improvements will include building a two-lane road connecting the two roads and providing access to a newly developed facility,as well as utility relocations, traffic signal improvements,stormwater management enhancements,and similar infrastructure.This project is expected to be delivered through a development agreement with the project developer. Purpose and Need These improvements will support future development of two developments.The first is a 3.2 million square foot facility on 161 acres,with$350 million worth of private capital expenditures providing an estimated 1,000 additional net new full-time jobs to the local economy with an estimated$17/hr.average wage.The second is a$33 million private investment,that will create 50-100 full time jobs,and 500- 1,000 part time jobs with an average wage of$20/hr.It is estimated the projects will break ground in the fourth quarter of 2023.The ordinance authorizing this capital project included a dedication of real estate taxes to support the debt required. History and Current Status This project first appeared in the FY 2023-24 CIP and was approved by City Council on August 15,2023.This project is funded by Public Facility Revenue Bonds with debt service to be supported by the City's General Fund. Operating Budget Impact Comments FY25 FY25 FY26 FY27 FY28 FY29 Total Operating Budget Impacts - - - - - - TotaIFTE - - - - - - Project Map Schedule of Activities Project Activities From-To Amount Construction 07/23-06/26 22,500,000 Total Budgetary Cost Estimate: 22,500,000 8 Means of Financing Funding Subclass Amount e Local Funding 22,500,000 Total Funding: 22,500,000 et `lt 'f r. .... , .. , .. , • City of Virginia , ' • • • ••7. •4rj `r. '. • '{1'a'' + 4 • _s.+.,. .,�.f :,y mini..aj VO 7.Igu'• L. .i! .F•. • • ` , " D elO went, •a• ' Application Instructions • Please provide the following items and information requested in the checklist below along with the application found on pages 3-4. Once your application and supporting materials have been submitted to the Department of Planning and Community Development,you will be contacted by the Planner assigned to the project who will assist you and/or your representative during the process. A summary of the Rezoning process is provided on the following page. If you have any questions regarding the process or the requests for information,please contact the Planning and Community Development Department at (757)385-4621 or by email at planadmn@vbgov.com. Additional information about the Planning Commission/City Council process and procedures can be found at www.vbgov.com/pc. Application Checklist 8 Application 8 Property owner's signature and applicant's signature Note:A copy of the purchase contract for the property may be included in lieu of the property owner's signature if the contract clearly identifies approval of the application as a contingency of the contract. 8 Disclosure Statement 8 Fee payable to"Treasurer,City of Virginia Beach" • $1,090 application and notification fee(Public notice,certified mailing to adjacent property owners,and public notice signs) 8 Property survey(Unless concept plan includes current survey information) 8 Proposed concept plan(Four large copies and one copy on 8.5"x 11")including: • Scale, dimensions of lot • Information related to:topography,natural features,adjacent land uses,and open space areas; existing and proposed structures,setbacks,parkingspaces,drive aisles,sidewalks,freestandingsigns,vehicular access P points, plant material,etc. • Tabulation of required parking spaces 8 Proposed renderings and/or building elevations(Four large copies and one copy on 8.5"x 11")including: • Scale • Exterior building materials and color schemes • Location and depiction of sign(s)to be attached to the building ❑ Phase I Environmental Site Assessment(If the purpose of the application is to rezone property currently zoned commercial or industrial for residential uses)Based on the findings,a Phase II Assessment and/or testing may be required. 8 Preliminary Stormwater Analysis(If the subject property of the application is located in the Southern Rivers watershed and requires land disturbance) f F .. .. .. - _ may, 2� 1�'7 e�+,' "'� o f •s Yam' mot • F' }y E t.. }e3` 0 • # Z7a1 i: K 'a• 9 r" ^''. YF SY..; '1 ,:r i,. +'ess ::.-W3..i-4 '].:::F:... 'lr"L� :. i '.�A 'f --: Y' •:w.�. 'i'.,.. '+y 14, ,R I1 St--'`- ..RS4. 4 " R.�. :�' T i g w'rs> .�"�+?..y,4';.::i�,-`. ,'�k •• yf� F'�,' ' ��'t' � .:.kr,.:�' ",.t:•!�.�'Y,ap...,..•... 7.; ��Y�';. '£7�'.;, •:z...w. .::r:t .,y. , • V ..:. ,.:._- as'i. « .:e• s ': � .. i. :.. ,,- ..r. :a,r'> :.ter....t...: v• --'ss �' y';` >.t. ,� ,. :,.". . ��v3 .1:.4—.3�- .Nr t � .. .1. .:,. .,1..ex. . +o.'- :..r,'i�: :!: '�:y:`} r .? " a' >r+F, yaps �Ev �+t:,`r;'°'�t,•� .'';.p .aY.�. , ih`..'Y+: `,,, �+� �F•. :'��' � ., ;,' :o'`�'. "�• ;:i: '�•:"r:.' .'tiE . m.t'43� �. --r '.#t`.� ;�,,..'• 1�i.inr ,�:^,•;,�.::�� ;. �t `,�;:\' .Y• C .-t• .:,r,..:: .I �.. .r R'at.4 .a'yy ,+ .`a.; s i.*'•..s ..a. t ,x• ,.2,,:;-^ .s�'w ..*: ,6:• �4 a.. ;•: i Sys•. '�"�!!• �,�".. r ps a3 •'/F '''''':''• Yam• �• ..,.�+s*�s R. 7d e y..,: x�>��,.kry Yrr�..q ,,`..-��t -x.46s n:. ••'} `,: :S'.$°Y �'�r� ,:y% �t�:�^iy-`.'S: ..fr' '•i��.,? .i(+�'.: +�+e3 q!`_ r� .r+ ,'`• f t .>s:kc:. 0. ir" .!. ;,:4, • � . ..7., it Cit-'r 0 F TV-r.ua!!..each f fo-. <:f .'1\. •.._§, "< ufjh. '..i ,e.r,}"3. f -T' rn: X:,, :1• _ J,.�„. I,.�C :.,F.. ,t:. 1 , "•��. :^. '�., }U.s',.r. � x. • .�, v ..Yt w •�3-:S •�.' Y"..• 'mow •w �'!. 4 .. :..+cC.. 1�".- _:�� au .fy•� .�'+ tN- r.s.•t '� W,.... -. � � �W •:w tii '�aT"�''•t` ,� .'k� k' '"�`••:: ��, 'r, .+�K:'�i ,`i„• ii..V .T'.. '^�` •' t. S'vpi 1 pzoi:,.... ' .. .. K.. .�: i Off , "• i ,-- i.:';K: : " ,. -- i, ,°r •• ;P. . :,.•�. - .. �Pla�nul &Com�nu " y: 4. r'..�_� ...S.' . "'>'.: �-�; �: "�Y r+'�� .'�Y_, , . 'ir n:` Fes✓�..�'!x �,�y,�.:. S. i''' 5 .s. '� s, {:i.y 4P " ' r .' aw c�.:'''4. ''- - - S + . ° `1sev,,.e. L'.�,�.1.--- _ Y ,,4 :y r't. ",.-.4 i.. _. ;.•.i`e 5 ,.y 9 1.. y 'K'''.'wr<. - ��. eV21� ,,', ''.✓''� -- . :; »,- !� 4'. �t�,,C-x+ i s 4.t a,N J �.ic+f �;'d''. :r• sunk-�yy�.(��-3��`5: x -•- ` -r - . -3.� .'; mow: Rezoning Process • vw .'•y' s •;, ti- •' ,. 4 1, - . . 'Opti on'al., •-.. • : ' •Prior to submittal of an application,applicants are encouraged to meet with a Staff planner by i .," • .-' •-' email,phone,or in-person to discuss the application I . Pre••Ap•p�l•i�ca3tior .:M',eetang=}, = y....•...Y:••....„...,.:.:`K 1. .S.'L• ..,,., ........... .''...,, •:,...,,,,,- -,-__ _ — t ••= .. `..... ••,3 1•.Application submitted in-person at the Department of.Planning and Community Development or ''''.• P . l i-vviia�ICcela •-A.pip•I.ica�t�,o�n:..Sub�rrritt'e.d . , 1 :.-.. -., •. ,• ';'4 •Deadline is the first business day of each month , ' 'Application assigned to a Staff planner and reviewed by City departments(Public Works Public ' Application.:Roview Utilities Parks and Recreation,etc.) 1' -•:' 1''�'- • "? •Staff.formulates a recommendation for Planning Commission's consideration 1 r •r. •''i•Notification posted on thesub subject property the applicant•30 da s riorto the.Plannin ;:^. .:w:.: -: 'Rr'"••s$� .. 1,1signs1. P P tY byY p g ;,• :..? '-' •.r''s� '.,.. _ t Commission public hearing and remain posted through City Council:public hearing A ,.':P�ur 'I'�c':I,V. t�ce; ? •City mails notification letters to all adjacent property owners ' r_y .'• :,, % City advertises the request in the Virginian-Pilot Beacon and on the City website a . " ..n' yh '�•.:�'• *4•�°�,��-•.,';.:� c:.:::`:�`•'.'��;� •Application considered by Planning Commission at public hearing _ ri,::•.,P:l ,n..n i ''�C.1 ,. ,,�n.�g...��,ri'Y'1,1'`1'1i,S�S•!'Q'n; '.1•Planning Commissionreviewsstaff's recommendation - " tr' ,�• i..: Members of the public have the opportunity to voice their opinions at the hearing ' �. Public H•ea�•r.In.: _'s l., . •tv ;, Y •,cnt Y; 4:Planning Commission votes to recommend approval or denial of the application'to the City Council y� -e .4. ,.;•,..: •';a yw' �• , ram`{ -+F+j. ' 1,'•�ll#'Siit.L?4.;i744 'i4 ' }• ._._.,:�. �.___._:.._.�___.__._- � _.�_..__� 9k 4 +a 1 lY Y.:..�,.�:I�r fniE.•�c�>yV ..F•1 + - - - . " '. T .'Y, .- �g_ d ate.': �'. � -- - _.. 1 '-_....- 1 '.4'.; ` a r'' signspostedsubjectproperty g �`�Jib# .. r.,y;.r;.:.; :;�W, -�>:�.•��::.'. Notification must remain on-the until the CityCouncil public hearing ', 1�,,. P �ti1•c N'm tic. w+ . '`' City mails notification letters to all adjacent property owners ,+: r; ' '',0 ,A.1"r f. r•City'advertises the request in •the Virginian-Pilot Beacon •twice and on the City website ''' n° c"�` (•Application is considered by the City Council at the public hearing r, eu '• ,'•City Council reviews both Staffs and Planning Commission's recommendations i aa rn�g 1.Y f it Members of the"public have the:opportunity to voice their opinions at the hearing 1 �,: • •City Council approves;denies or defers the application 7 f „ ,Y D '� r s ^* i l j•Results of the City Council decision are forwarded to the applicant,property owner.and �ti 7c4Sio• : xet er,.;;;•',,' , ' , ;�• Rfi�g,,�,�gp}�t f ' representative i . _ . - - .. „.:,...i, ,--.,..„..f..,,-.1,.....-w. .,,l...i.,;;,:,........,.„,-,,,;.,z,„1-%:...:.,•;,,r..,,.„-.., -. . _ - ,, ,_ - . - , - , ,__ , . ___ __ _ _ ____ _____ _ _______________ ________ ___ _ _ .. ____ _ _______ _ _ ___ _ _ 2 1 P a g e r'�'•��'� :ts.: .X:r ..ti ' .... .. �• ..+,. ..�Y;� - °M1.Ffti'' .'•..•.,- i'° ',r•±•_.. .'j'a' •i"•� .i1i4. .,i'i m!i p.a•s +.+`..� ' •'4 • .s'•• ter_. ) � `• y, .ii .Reno ".'la. •,;:r _y. ••.t,.. R; . • :Jr,, _ ,• ,t�.s. •.h. ,{. yti'• .••': ; s: •,.a.._.i • y � •Cj fV"7"" % "'. .. .i is `4..• ,j• •i .''C�'. S.. ., ':.• .•.�.ix 2 i.; _. ., .s ..y. ''s7•,.`• r. ti a Go .I I la .SC' :�^'•: i ..� n:,.:r.... - - O�•Devel ti en - :4;'d.:::4 'F� .\i;'f.w•y. •'SiP.=ya,;� .r ';.•':r: - - �Y'r.. -r - $ 1..y '• Z 1 (f Contact Information Applicant's Name PDC TN/FL LPIV, LLC,a Delaware limited liability company Address 35 Music Square East, Suite 301 City Nashville State TN ZIP 37203 Phone 757-641-5174 Email bhudgins@panattoni.com Applicant's Representative Kimley-Horn & Associates 4525 Main Street, Suite 1000 Address City Virginia Beach State VA ZIP 23462 Phone 757-213-8600 Email dave.france@kimley-horn.com Property Owner's Name BT Holdings III LLC Address PO Box 988 City Virginia Beach State VA ZIP 23451 Phone 757-486-7055 (Mike Inman) Email mainman@inmanstrickler.com Property Information Address or Location Southeast corner of Dam Neck Road &Harpers Road GPI N(s) 24056316300000 Land area (acres or square feet) 160.96 Acres City Council Election District No. 5 AG-1 & Conditional 1-1 Existing Zoning Overlay District ❑ Yes ® No (If yes, specify Strategic Growth Area (SGA) ® Yes IliNo(If yes, specify SEGA 3 _) AICUZ '75 Watershed Southern Rivers Special Flood Hazard Area ❑ Yes ® No(If yes, specify If you need assistance with obtaining any of the above information, please contact the Planning and Community Development Department for assistance at(757) 385-4621. ,.rc+^&'. 4 Y� 4F _. TY s�y ^ti,,.: r zF -k+; ii.�2'Y' - ,?M`�xca '. , ; ..t.J� a...IF� :-so�' '' � :, ,.. aa. !F > 3 a43'' i ,r .1 r . S� i SK'r ry .. e. • ;•'mYVnu,b,Z . N a.am�,'..... 44 $1� : ,�-� "''1 �..+ ,}•hY fi! ,v a ,-_Y►It, r ,'�, ;n -,'4 ; r> d 4 mta } i .; '� , , i '{..n d�`S M ` ,fir .,�liy,„v� :y��tc . w o4. f• , . i, - `M �• .1r!ppi:. Z �Sy� 4y,` iy ) F � Y„ 3 1 7 • ., . " wsh�1 . } . :� x „_ w3 f ' t w'" ` ^ ..-t,tr a_ a 7ror aw .,;-;,'I�. .. .0 • . .: i'45 , �4 :._%' ac. < � �� - � '.L • ' r yr � �� d V 2B � k l %» Y';- ,v i -r�--•+ .� � A t `,`-. i 4 ^, -* sa it Yr�: 1 E = � F .';x t w tL -tt.-,_'':,,,---A.'*. rrpiT 4s ise;,&i .. T in n ic,svOmm1l -, � Y , ' . s _ y Development ; _y _ -, * ' Rezoning Request AG-1 Agricultural District(132.22 Ac)&Cond.1-1 Light Industrial District(28.74 Ac) Change of Zoning from the existing zoning district of to I-1 Light Industrial District -ia4Rezoning Details Please provide a detailed description of the proposal below. Include information related to previously I approved City Council actions, number of units, square footage of building, exterior building materials, hours of operation, number of employees, etc. The intent is to re-zone the subject property to support the community in responding to the increased demands for logistics facilities that support the shift to "e-commerce." For the purpose of considering the general profile of that use group, we have prepared the application with the supporting information. The proposed project entails the development of a multi-story, e-commerce robotics fulfillment center where inbound packages are delivered, sorted, and stored, and then picked and packed for outbound deliveries to regional distribution centers. The fulfillment center will have a ground level building coverage footprint of approximately 650,000 SF and will include approximately 55 loading docks, 420 trailer parking stalls, and 1,750 car parking stalls. Panattoni Development Co. Inc. the developer of the subject project, has built logistics facilities of this nature throughout the US, Canada and Europe for a variety of end users. Based on their experience —they report that employment levels of+/- 1,000 is typical. Multiple work shifts are also standard. Given the high employee count- considerable space is dedicated to large break areas, vending machines, rest rooms, meditation rooms, training conference rooms etc. As the concept plan shows, the employee parking field incorporates approximately 1,750 spaces, sized to support shift changes and seasonal peaks. The building as shown on the rendering and elevations has an attractive concrete exterior wall system complimented by abundant landscaping and attractive storm water retention ponds. The main site access is off of Dam Neck Road, a four lane divided east west route. A new road, referenced as Road A, will be built in collaboration with the City of Virginia Beach and will run along the eastern property line and will connect Dam Neck to the north with London Bridge to the south. The intersection of Dam Neck Road and Road A will be improved with a traffic signal. Two driveways, one for main entry for truck and the other for employee traffic will come off of Road A. Further down Road A will be an intersection with Road B which will serve to a provide a secondary means of access to the site. •rf • •a ry. • f. s �n ;.cam+ -• n. , .}• r_'� ,� _ W osure Statement :. '•• • r . • • • Csity of Vi gvi• Beads. •• 'x s� i:`+)•• •4: '.r,,.f.�'. ••,�• •14 • '�':i: • ;�, .r • .:�..•.dC•. ;' • b t 7 i i t 1}1 � • =• rr. •s; ,,.. _ .. • -. -.- �-'-�:�.-` annul: �COn1I'T1llY11�p•.; �•: ;�5r�'�. • .. . • • evelo went .;°`• S�,,r•'� y' ' ,.7•. ' i'• .y;v• ,r: 'rr s -- r _ •• 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 PDC TN/FL LPIV, a Delaware limited liability company Does the applicant have a representative? • Yes ❑ No • If yes,list the name of the representative. Dave France, Kimley-Horn Associates, LLC&R. Edward Bourdon,Jr., Esq.,Sykes,Bourdon,Ahern&Levy, P.C. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? 1.1 Yes ❑ No • If yes,list the names of all officers,directors, members,trustees,etc. below. (Attach a list if necessary) William A. Hudgins,Authorized Representative • If yes,list the businesses that have a parent-subsidiary)or affiliated business entity'relationship with the applicant. (Attach a list if necessary) 1"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. 2"Affiliated business entity relationship" means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity,relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.2020 Wage yy • • .•Jir�?: .y y:�r a'• " • • N..• N_.•�•. • .t •YM'•'sr..( �h{�• s.w _ Yr^a'r '1 •..i. •ri • �Y Vim,• r .... ._«• • • ,• .1.' T . . •J'•NaM.• .7 .'{.'.:•.r,.ia'• ir• •i„• • �.. • .ti� ,��_ti .d. • •.•27.., .. • • ,Mt9 of vi goga Briith • 1 Y, • `• • ti �..`. s --1...•fI - „'Yy• 4 • .l'9.+•'d•T =}, . :.. „, . ,. ..• ��i;;' � .;•,`� _ _... .. .P . �� CO o a 1:iI1�1� ,•, �,•� �Y. • • '• • . r r .a F. Development ry.'.'mow} g: ;x: `iy�r` :�'% :F t C •� :i.' • •�!- s- 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 INo • 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? O Yes ❑ No • If yes,identify the company and individual providing the service. Gregg Christoffersen-Jones Lang LaSalle(JLL) 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 N 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 0 No • If yes,identify the firm and individual providing the service. Dave France, Kimley-Horn&Associates, LLC 5. Is there any other pending or proposed purchaser of the subject property? ❑ Yes I No • If yes,identify the purchaser and purchaser's service providers. Revised 11.09.2020 Wage :Disclosure Statement - r GuV to rn)i1dCLllrtth F . FIann ag &Coinrriun t I eVelOpment _;_.d------- - 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?0 Yes �■ No • If yes,identify the company and Individual providing the service. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated,on the property?® Yes ® No • If yes,identify the�firm and individual providing the service. Klmley-Horn and Associates-Dave France 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?II Yes 0 No • If yes,`identify the firm and individual providing the service. Sykes Bourdon`,Ahern&Levy PC-R.Edward Bourdon,Jr.,Esq. Applicant Signature I certify that all of the information contained In this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the informatio pro "ded.herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public d or committee in conne ion with this application. // I Applicant Sig ature WII , ci 14� 4 v� a(� i eC l'h Try 11e. Print Name and Title ,..3 / / I/ 6 A 1 Date Is the applicant also the owner of the subject property? E Yes XIVI0 O If yes,you do not,need to fill out the owner disclosure statement. [Tr'...OliiiHr121$03-611hifAlf;`sclb su'retmush:hezu,pdated two,[237weeks priordo any.'Pianriiiagrt omm'issicin+anc Clty:Caunalgmeting ItIpt,,.pertaiiris,i.:tgleAa.pplipot49ns:: _.. .. . . . ® No changes as of. Date Signature Print Name Rc vised 1,1_09.2020 3 I P a g e i -Ach is :%.' �� i.rr.n;k:"�&�. .3;.� " ;..{�. 4 sN3:; ;.y �:':d"'�+!Ko+Y.'•: ry'.� 'rRYr�• ..ti+F:. - �.e�... ��.�:'... .�:y r9. 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Y - -_ w4 Si?`1.bii�"G.�;J`sx*4F>- - Continue to Next Page for Owner Disclosure Revised 11.09.2020 4 P a g e • :i•y y.;4,f•. •w� 7 ~�ti,. sy`,fF 4 ■ :�.'•,' �p ...q•I -i .r. 'tJ x+p. '�',�•.•,1 • IscosureSt,aternent r �.x • �•. r~+-` •sit. •`f. ., .• •.. • ••�-. • • City ofYugmaBeach y• ;... ••••. _ • r: : : s., � .+�:.r. :,.. f:r:= .- Plaanrin a ♦o 17bo- 6 ; •• s�• :.k - Development" Y :W44,iCw. � - ' �:::qF: •.Ys: Owner Disclosure Owner Name BT Holdings III LLC Applicant Name PDC TN/FL LPIV, a Delaware limited liability company Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business? MI Yes ❑ No • If yes, list the names of all officers,directors,members,trustees,etc. below. (Attach a list if necessary) Barbara T.Creech, Managing Member • If yes,list the businesses that have a parent-subsidiary3 or affiliated business entity4 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 l Government Conflict of Interests Act,VA.Code§2.2-3101. 4"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.2020 Wage • • • a �v .r. • :.w:'•. C' -,'. .r... • . r r'yn•a s;ja' .�,.. , Cosure Statement _ , +. ••'!'v :ay :.a:Y r 'tL' :y.. ,y yy • a. .s.ll.r. 'i: •• �4• • . - �'. .. ' ,. aYt of.Virg a ir1•Yf .a, r n'S•f •T�• -St•,.:�.:s�+:.•.�-t i ''f�. . '•'} . •"."- .- - •-iaY:' . _ �,off:.._ �. Plariing Com rnu .sy ar11'y .'. 1 . r •• . ma l. _ , eveo menu. . •14+fin • : • Owner Services Disclosure 1. Does the Owner have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes • No • If yes,identify the financial institutions providing the service. 2. Does the Owner have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑ Yes ❑ No • If yes,identify the company and individual providing the service. 3. Does the Owner have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ❑ No • If yes,identify the firm and individual providing the service. 4. Does the Owner have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes 0 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 III 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 0 No • If yes,identify the firm and individual providing the service. Revised11.09.2020 Wage Page _ - - ..sx'..Vm:1: Y..r'. Y�..Y. >.:!i.pT"+," f' '1-: ,.�1rr• •�.,�.. .,,,+4 4.La.,�.+yra '..t'•F w.N'.,: K ' •1 •y .!.• y,., ..-... •tr..t•'er• a- s'1i:.:-,-„•.-_ ..?.. , "" !'.�„• .',r— - it �,i.:.: • ' ''C i _.,,.'a9X'r �..•.'ii's S', ,�.�.Ii'..y :ti •�t. s' .s`., yg... 's :-°.'S`r'= .��, ••�, • •1 �t, 3:•i.' '� !`3L'•�1 ati•- �.i fir.:f y;+.�+':� 't .y..a, •ft,., f 1.•-�. •:Y:• .! [+ �i'Z`••..' 1 . 't... p V - r i.' a •�.i.ti h. ti:r.g• "•f, +.�.5. -' •. ,t' fir.-^, .c•�f�y .ri'. •i••.l•. ;r�1.lt�' • s:-> '• fCIB ommul� �u:.. !�� -'7�x : 1.1 '. r i •►tom •:...I 7• .• ,r•-' S :..... ..'•Fpti1. '�:.4 T,; • 0 nh/''..:J ',,.; .�: :.. ...>'.:. '. K,: f ';.".''...`:;-. .:f" ra._ -t:.• :i.. .1_'1.A:- _- _ ._.. -.' 'r• Lrl, _ k�••'i'..4ie:. i }}�t••++•• � =� � �,:'.. • _ �....Timm g�,�� .�. v ..r •�' yes J• '�� .R�yy.:.�� :.1'-�4`Y+ • • •.l-i�a •�'' �� • .��- � •�'{t .i�Y¢r �r 1� .Vipf�:r:;� ,.Y. Sii• ..� �i. • .yt]: %�^ a y, -- L. .�,T,7•'a�'� �O p� 1i.••:�?. ;>_. :.�.y'•.:+E;. �� .°s•• �r•,�:F..y6i' +7^/`dw"}.e .�,.,f - -_ ti.- emit me 4�. ::��}}�y',3't .�iri. ySFYx'`r•. 5•'.:: ..jf�f:i... .ai'I,a a..S ::r wz" ,1,,.'x ,.5-� :>., I rr: �1• +-�.it: %'wti.;['1 s% Yam-.+�. 3ix•" �' � 'ef;`_ • • .,. .'4 ! !• •ss.. "[y ti.�`M1:i w Y:, 'k. 1 JL.'n L }'.'q ii~ 't.�, r xC"'tom f a i =•- `,a:,-e��"a. ''";..rtr -.'�... ',' - t 8. Is the Owner receiving legal';services in connection with the subject of the application or any business operating or to be , operated oh the properly..:® Yes 0 No • If yes,identify the firm and individual providing legal the service. Michael A.Inman,Esq.,Inman&Strickler,PLC _Owner Signature on contained in this Disclosure Statement Form is complete,true,and.accurate. I understand that, ' I certify nrecei t of notification th that all of the at the application I • Council,bl for updating the tion has been scheduled for public hearing, am responsible up p VBDA,CgpA;-Wetlands Board information provided herein two weeks prior to the meeting of planning�Commission,City Co _ , or any public body or committee in connection with this application. BT Holdings III,<LLC el_e_i_e_., By: Owner Signature Barbara T.Creech,Sole Member r Print Name and Title 1 --r---- e___,L, '--6 Cd.-1--P3 a-{GL, ( , e...,&e, . Date 0Z- 02- .eo "Z v Pu RUBEN RAMIREZ 01 .M� i� r f Commission#HH 187571 State of 'r ovi * !' :* fires February 14,2426 county of 1?z, ' l Bande4711% UdggliatarYli o On this' d y of ersonall�+appal►ed b fi�r� o p - _ -- :&_- [ who executed�11b to'me:known to be the person •'s: foregoing instrument,and acknowle ed that he `1i�'1 executedthp;sari�e as his free act and SEAL(sigrtied), 7,-:.,;,t 71 Page . Revised 11.09.2020 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Authorize the City Manager to Execute Five (5) Leases for the Use of City Park Properties for Little League Operations MEETING DATE: August 15, 2023 Background: The City of Virginia Beach (the "City") owns the following properties ("Park Properties") and previously entered into leases with the following five (5) Little League organizations: 1) 11 .77+/- acres at 2513 Shorehaven Dr. (Part of GPIN 1499-60-8184) to GNBL, Inc. (d/b/a Great Neck Baseball League) 2) 6.25+/- acres at 952 Reon Dr. (Part of GPIN 1456-63-8279) to Kempsville Borough Boys Baseball, Inc. 3) 15.8+/- acres at 586 N. Lynnhaven Rd. (GPIN 1487-99-8119) to Boys Baseball of Lynnhaven, Inc. 4) 15.1+/- acres at 632 Firefall Dr. (Part of GPIN 2425-31-1625) to Virginia Beach Little League, Inc. 5) 12.0+/- acres at 3332 Northgate Dr. (Part of GPIN 1486-75-8250) to Plaza Little League, Inc. The Park Properties have been utilized to conduct youth baseball league operations and tournaments for many years. The previous leases expire on August 31, 2023, and the Little League organizations desire to enter into new leases for the same purpose. The term of each lease would be for not more than five (5) years. The Little League organizations would pay no rent for use of the Park Properties, but would continue to be responsible for all maintenance, trash removal, utilities and related services as necessary for the operation of Little League activities. Considerations: All the Park Properties have been used for Little League purposes for a number of years. Approval of these lease agreements would simply continue these relationships and support community youth Little League activities. Public Information: Notice of Public Hearing was advertised in The Virginian-Pilot on July 9, 2023 and the hearing was held on July 18, 2023. There were speakers. Public notice will be provided via the normal City Council agenda process. Additionally, Parks and Recreation staff consistently communicates with the Civic Associations and the Little League board members regarding their operations. Recommendations: Approval Attachments: Ordinance Summary of Terms Location Maps (5) Disclosure Statements (5) Recommended Action: Approval Submitting Department/Agency: Department of Parks and Recreation City Manager:r 1 AN ORDINANCE TO AUTHORIZE THE CITY 2 MANAGER TO EXECUTE FIVE (5) LEASES FOR 3 THE USE OF CITY PARK PROPERTIES FOR 4 LITTLE LEAGUE OPERATIONS 5 6 WHEREAS, the City of Virginia Beach (the "City") owns the following properties 7 (the "Park Properties"), which have been leased to the following Little League 8 organizations for numerous years: 9 10 1) 11.77+/- acres at 2513 Shorehaven Dr. (Part of GPIN 1499-60-8184) 11 to GNBL, Inc. (d/b/a Great Neck Baseball League) 12 13 2) 6.25+/- acres at 952 Reon Dr. (Part of GPIN 1456-63-8279) to Kempsville 14 Borough Boys Baseball, Inc. 15 16 3) 15.8+/- acres at 586 N. Lynnhaven Rd. (GPIN 1487-99-8119) to 17 Boys Baseball of Lynnhaven, Inc. 18 19 4) 15.1+/- acres at 632 Firefall Dr. (Part of GPIN 2425-31-1625) to 20 Virginia Beach Little League, Inc. 21 22 5) 12.0+/- acres at 3332 Northgate Dr. (Part of GPIN 1486-75-8250) to 23 Plaza Little League, Inc. 24 25 WHEREAS, the previous leases expire on August 31, 2023, and the above listed 26 Little League organizations desire to continue leasing the Park Properties for their youth 27 league operations and tournaments; 28 29 WHEREAS, the leases would each be for a term of not more than five (5) years, 30 with conditions as set forth in the Summary of Terms attached hereto as Exhibit A and 31 made a part hereof; and 32 33 WHEREAS, City staff recommends approval of the leases and continues to 34 support the community's youth Little League operations. 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 lease for a term of not 40 more than five (5) years, for each of the five (5) Little League organizations identified in 41 the recitals above, in accordance with the Summary of Terms, attached hereto as Exhibit 42 A, and made a part hereof, and such other terms, conditions or modifications as maybe 43 acceptable to the City Manager 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 LEGAL APPROVED AS TO CONTENT: SUFFICIENCY: D , arks and Recreation CA16065 ltvbpov comldblappk:ttloMdtriv cycon321wpdoo1d001404e1ooM105B.doc< R-1 July 6, 2023 EXHIBIT A SUMMARY OF TERMS LEASES OF CITY PARK PROPERTIES FOR LITTLE LEAGUE OPERATIONS LESSOR: City of Virginia Beach ("City") LESSEES AND PREMISES: 1) GNBL, Inc. (d/b/a Great Neck Baseball League) / 11.77+/- acres at 2513 Shorehaven Drive (Part of GPIN 1499-60-8184) 2) Kempsville Borough Boys Baseball, Inc. / 6.25+/- acres at 952 Reon Drive (Part of GPIN 1456-63-8279) 3) Boys Baseball of Lynnhaven, Inc. / 15.8+/- acres at 586 N. Lynnhaven Road (GPIN 1487-99-8119) 4) Virginia Beach Little League, Inc. / 15.1+/- acres at 632 Firefall Drive (Part of GPIN 2425-31-1625) 5) Plaza Little League, Inc. / 12.0+/- acres at 3332 Northgate Drive (Part of GPIN 1486-75-8250) TERM: September 1, 2023 through August 31, 2024, with 4 additional one-year renewal options. RENT: N/A USE: Premises will be utilized for the purpose of operating youth Little League activities and for no other purpose. RIGHTS AND RESPONSIBILITIES OF THE LESSEES: s Pay for all utilities, trash removal, grounds maintenance, repairs and other related services necessary for the operation of leased Premises. • Indemnify and hold harmless the City for any and all damages to persons or property caused by any act or omission of the Lessees or their agents associated with the use of the Premises. it Maintain general liability insurance coverage as required. Page 1 of 2 • Obtain all necessary permits, and pay all applicable taxes and fees in connection with the use of the Premises. • Comply with all applicable laws, ordinances, and regulations in the performance of its obligations under the Lease. RIGHTS AND RESPONSIBILITIES OF LESSOR: • Access to the Premises at any time, without prior notice, in the event of an emergency. TERMINATION: • The City may terminate the Lease for any reason upon 120 calendar days prior written notice. Page 2 of 2 7-.1. . '-- - , " -f d` t! g � \\ jf V CP— . , yi.r.) — wax-A4 \ . m )(r. . _ _ rot d. i, tt j t a r s a- rt. r ."4 I e, !!'ke: - ��y�C � 1R � .} � ' _ 0 f ` C4 fr C tr ! w 't , 45 .- _. ... ...„,. ,. . ., ,s‘‘ :, ,. , _,.... . 3,...!,„.,.„ Iv , , .4.:,.. ,„ ‘ „....i. . . „iir4t, .. .. ..,,_.,,,..4.1„,„ ,, , ..,, \_..„... .. .... .„•,..,:.;,..y.,:,,,.;...:1,41..,_ , • . . ., , , ,. ,• ir . ,, ,, _ .‘„,,.t,.,. , __ . ,.. ....;....}„..„ _ _ • _sie 50°re'hav en _ � 0 50 100 200 300 N W�+�E IMP �" �� Feed *:q- s Great Neck Baseball Leagues Inca Legend � k.`° ,, Lease Property Exhibit (11 .77 Acres) 9kk,",,.......,,,..ii.,,, ; hat% Portion of Great Neck Park Lease Property ``� 2513 Shorehaven Dr., Virginia Zeachs VA Property Lines GPIN: 1499-60-8184 5,`'y�.',r f��^� �•*!. rA•• •'•I:'Y.- %� J•. .,•,•�1 � �T 'ems• ,OIr''V�••f.:•4l.ryS�.':.• -' ;f.. .1 _ --• ..5.. • :�r yam. •y'rk' I' . • •4,••a.Y �1�11�i1:.. •'i'C tip: 1... :ti ,'1i -�'. :L'• 1' - .•l. - r_ is y. r.:j d. 2 r.:. a %J.. y:' - '„rs•? i ":a' y ;vt ',S :i• '•� :"�'::tir" �rf,{ _ ::L-a .T_ •.ti. :AS9 •i.C�'.• 4 .L � e ,.V .rr' 'w" L'- :\' .Lr,• ' j r ,[: '��i:-•!a.,i:..':T� 1,i a. ..�bF.•"Y rye ,� l,.d ;t 5.�:! r AK • . sT-]]iyy�.,Y: .nt�, rir :t sw�.�r......r-�. '-7+i .i•s+$t}.a7 ;`�• D.ci •'ir ,x•:� +¢:: k �;r S •�— ^�2. ..r`• •.�_.f4h3w ��r• •a -S• • !'• .Mt. :Y�. '�'..J'..r'1 .M". _ • 5.�• . "hy� •jQ�•, ��`r 1-�-• '1 d. ram-{ � :•a.•ti . ,,�..i}'_S,.?}i" µ 1••.S- •�.1 ':..; _ �' ••s5 •i. • • •.j• ;' •;i .Y.. i•. ;-r ,;o•.rs• .1.rs_�1';+•j Jj�j'"} "1.� `` :c /" /�_�+ •t .t,••, .. ,r?' •rfi� 1.. :<• r. ,r }`� 4 a•1_•ro�••t :� • ss''i• 'T'kS '�A�'. s:• :.iY •r• • �:.ti j5'::•`�':S. •• Ir 'a 7j, '1-.: .• �1.� toy:; ' - _4.s f. • _ sr h ti I 5:r:: .�: '•''I i. 'r5-.te .y. ry'.P.�. _ .:'r+.�'•a•"�' •,`.! •:! .�' •'!•A• 1 �..' I` •r,as .•.4:- •:r. ..�.'irj ! a �•�:.crj" ',• 1i.• f .r"C? r'•q,. ',':�� •!4.• a8• • . 5 ' • • _ s. •i ••i:+•' • fl••• t•+•� •;'.:�;•S ,v. e1w� ;'+- 7.r;; •.'}, r..4::r '.l. • '�J•.i:• �*;. • i.;;- ..}l_ •::5•! ',. • • - '•''' .,ice; ,r• ' Abe :'{•r -' ,t� , • 'rhF ' '!;. •r •: • _MrS. • • :5•t. .•`1•+tr t: Mrs.. +i •'-"_a •• • h7'r�l mot_�{f y*a7 •'!l' _.r_�k 1'a f, • • :5.1• 5•' i. '• ,3,'.. ,j• r,�s+y.'.l '"e''4t..'.�65.,;r' .C....f R l F rJ S 0 5, S.R` '1 �••.f V+:�•• •;� ~ .t.t. "i:f;�i:i _ :5:..;•'r'•:•;-1:tir •f�%•'�4�'', .�n�: :�,,r,r�Fr,' _ •rri' -ti: ----...•.��.N I�.1 � 7rl :i�A�;,Tr .;i,•.• :-i.�.a•ii i'h ,y _:i:i' - .;�.J•r.�..�y.ra.. ;t"''•']:6J:5'�+rS��C�„ ,-^•,1t•.,'s: i a"••., of i••' .r e.�.•- }• +;,"•J;�S 4'''.r 7.." .•y,. :1�..: ' •?Y'.:. ....+r d --fi'_ J�'_.y.�'' at.`'•�l t•s•, V{•t' : J� L _,•. -_ '•}' '• I` � �,,'•?.'"' •tH1•.i.: e'Ii�'c _ -- ,7•.Y �. fAM .e.' • fs•�! �: • � r..ri .Nr .u.. w ••.� ram. 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 Michael Dierstein on behalf of GNBL Inc 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) President-Michael Dierstein;1st Vice President-Marc White;2nd Vice President-Greg Keeney;Treasurer-Chris Wood; Secretary-Bonnie Green s If yes, list the businesses that have a parent=subsidiary1 or affiliated business entity2 relationship with the applicant. (Attach a list if necessary) 1"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. 2"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis;or there is otherwise a close-working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.2020 11 P age ^}r •S^ I � r,.'YST r ''.t, -' •-5d:i}3t+:. 'r`YT� Z. ..��.` •' _ S •\:,..1` a „r 't:r•'• •'[,:1' ��: �.r'•i-f _ ..: .!•� s.:A,'• ;'x�• -i '�-`.ii'• 'r• .. - wi•. �!'-•r ��• �r� k•' ,s'.' �'ri�t tii*.�.R, v Y•.!"iti •r�r •t! ti•.• '.=v��.r :,+.-r�r�K-" 's.!'s.i:'t• r.' ^f;._. • �..; � ,�. _ �•s: •:.n n. .}•. L'r •\ •":- .rrxy •�' ::�. .} c fy ',� tir t. ..c''- F •}':•�r'h.. '\�: T'r -a_.• 'r�tf.; .�,• Er .^'r•' .c'. `.1:rMr }:�%..1•x.r :. 4,. wFii: �:fw '2.=•s.l'` `ry 'S}' y r„k..a KY +IZ' ,��../•' :.5'ci•�. 'F? .rS. :1•r •fi. . 54•'•L-jc• jX�f : +�+s• _ ••lie �dr -s� .�• �..y,_.:, ';• `j�••7i.'_ ri,-. ,.n`yf•}, ..,,u'+ •:i 31- .v, i• • :t. ..s • ..ram• �•;-"�:.ry:. � rrr:'... A'. ,•1 •,•� r^ ,i�.i�i�S" %•''''-�':•-"7�•.53.• }{`: 'Y}:^. •, �:5. :.t��yy.hzv /i� w-° f: a : .rY:;' _ . 5 . t 6 1 ° •'•'a+*' ��-.. � ..•cr:t---f: f• A. x.i• ]j!C� V L V 1 1 ,�',i•s :a, •Jcra.••.a?.7i• S ..✓ ':',•rj.f:..yr �t :i1. �•a, •Wr•. ^j i• ••11;-•�� :��T ,� a ..�•' vi y �i?nti' • L' '... A ..P.•• ~>+ •••S�'. I}. '� �...: } :f� •`.S''• - • aA�S .R�l•i: •r.! `• _.t - +,� •T?', r'r �]•- t• '.7.••Jt. .C. '•A• R..9! 3'' • ..A' • \4/� 1 i5-•. .J '.4• rri'* .`••i t �•Sr. ti: ��\'':'*•• - f l� 'u•.t'' 'r"- ' tV �9:i{� •�•�.� - :5•: 'il e:.i.:.t•1•% ,a.. .s..:.Y:e a•. r. ••} _f ••,' •r % a.r :tr.�. .v`7e. v :. s,s ;t P' y.Y ,r ^r :r^ .X t L1 r, ri'-}a_ ��r O� ,Y.. � �Cp^ �r.w•a��`••' •.♦ Cr.�!''•! .�' "t •1�1.7:"ti)••, h, .'�.- '�rr. .t: '�.5k..: �•r'�xri ,t.+ .. '�:�. �'. . :s.-f•. {: r•(•. S.r-. �• ;« �•• •sti: fit. .�.i}.. t•= • A..• '-lt •:+;' •+i.•.,5••'�• .!�'r re•:3:5s f i, :�?r .•j..':,:1`• Y +n . L ..�.. .•g: :a i �J•4 •+i,ty .>• V. •L, i � � ' •Y• •d�.1�fiWt.YM.��.rrf• .:� t.- , 1%1r- '�` r,r.'.'5 •� -e•si'. • .n - •n .r }.. •ds,, �C �I • P:: '}:'.r•L!;s,.:,e+ •. "r:'7'yt:�s�, r •rt .t' . •1•�„ ,�{� •0�(• �(,w(��J Q/y•�•z•; -'' +..�;'�•r• r! 'S Tf: Y• : ��.,"'t:�.• taL• �r�•'M•S; .t�'x y;•�••�I��. '.o•n' ..�,. •Lv.,X.�C � ]!�. �>.�,•wF,W�4.F`i�QVSiR� �("�•',•'�i '?:.,t�'_-:�"•c,- p: y rr^r''�;ar i.e. •}=..., •�:' :f• h^s',•`}✓' rY. .;rt.5t..• ,.;,,•....Lr .+. i .. • '., 4. rrti' -V; • . --:*. `.y,"\d '�~•' �.: i. '- J•.! ivy �5 ��- 5"S.'y- .0 ••I -(• • ,% ; k.!�• 9 . .� - 'i.•� ,�•+y:'r. i' 'ri• ff ,'cc nti•aY' . .• •.r%•.• ,,. �'. •..�� x. .. .r,- �,,.��,:....i'-`• r�`t.�a�y , ^' '�••'{• .1:. ••cn',.'.. �•;y-�5• _.•. _•%4. •M1'w • ..e •.,..`.. '•[•.ve:" t'.: } mot-• -._ •:t_ -,.+i' "Yr'\. (IJ ram•i,',V 61 U 4 6.Z•16 -•t+;••}•ti, • i. I :p .i• gar+t a.'Fa:11.,.1 !'`- -- ,•:-..� re • .1YF-... ]k-af., •r - - - . • T5'r' . r• 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 it 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? Al Yes ❑ No • If yes,identify the firm and individual providing the service. The League Treasurer is responsible for accounting. Saunders, Matthews&Pfitzner,PLLC provide tax return prep services. 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ® No - • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property? ❑ Yes I No • If yes,identify the purchaser and purchaser's service providers. Revised 11.09.2020 2 I P a g e yr,_-:'¢;rs.: .•�:.t;. '-n^'�'+'y{r�.S:� :r 'ay,'s•-k•�vf,•': --q i:.r,T^... +5i,.t. - ...ter ,. - .y. 4:i. -♦ ;•§�w: i+Ri" •'�..L r%-e.i4+':�:•t fir...r� .1',+r.��4t. -r •4,4�:,, ,ti. L:.tit: •.:.,�tr1LL•:�f•b�;e_•?,r.sF'3 J��r'b."lr,,—.:•41.,'J',.•.t:�•; '�'�.'fx•rti r JPh-t�..R"'..f<P.s°.'L�Fi`.A'§,.•t%Gi L''�r}.•.i':' �rYy.Lr.•'"•'J'�,:";Er`.,�••a.r�.."..,L4.-�L.:��:�L: ..f��.r�•' ' .. +,- P •',L.- rN•l�•0• •r• :i,`':''.{4- "•1:YY+.-.,',r'Y•.-•-.: k?9;i '; ,.f•C�_'.`�l,Jt••':�.�-ti't�':r]5.s'`3,a}.'r•"4''Fs•fF�e,.�v•.:.t.w�+,�•{f.��,.ri•'•;L.•.r....•�r �:.:Y 1 S t-�K�`•�`�'r' .•.-ry,;R,,•4''.`:Ar1r'i��i�.1-�J`•`,•'�'.;te'%,'�r.t,�,t le ;.t':•ti.•'•.;.eli.g�°t.{{ a•L�•C"�Y7G ti `' `-4. -.>e.,"" fir{.r" f.i•'�, ., ''�..a• .�' ..n- j ,. :r �. .Y-. .��"..l'' , ,r•+ti.�.d, 'L�. S•:r�" �:•S•.}.. � y y L..4 ':i r.,"ti��{tti,•;i„t'•J•: t •-r;', i:'• r. ''t`• :�.k -t'+�' :�„ .r. F rl l G 3 -•-t�,•,•,i: Debi• }1J;:.'d a�• .i: el' ::ti-•r.., .f'`4: r.. ,i.-- �•Ali:i' �1F"' 'J` �.i �:i .i'•' ?, ,S ).• t,� :fit •is�r•=n ,,.ate. :i.•iu y.' :+. ir.'_'$r'ry $ r •>, rt �;.f:. ..:% 5.• ` ..K•*'..r.�r.z•,r.- ` - •�.: .l�:r. 3'�•:r'+' '%kt'.ti.+t '0' -,Fi:'L ,ic• •ii. ';1.9:;'. g•.,` 1 Pr .rr ?•:•� •t,,e�'= h:�, �� T�-..�rf aa. .yf.�'.� ':�:A, :. ,'y �`:. .- C .S+v ✓•- •�u,'Yr��? ' ?,.r .fv '�ti F, '' .yi: v.' :.F'•:• •�^ ,i :."i j.�`.[. 'a .`iu.r ^r' _�v. .Iv;`:,%' '`4' r�. �'.Y'. ..a. .'r+ ''••�•::7 ••Rr,:rF4�: •`]. a.,s ':ti:di L;" r.,' �4r.:.S£ •y t' :t.;- rn '' :•�:'- ::" •+ a r.4.r :i';a�_ '-,,,�a:� ':t'•'. '� t '.1'�:;•�,t ems- r, +`�•' -f�,-��._ .�• :�.: ',a;t. •L�r :A "'� i' k•,t+�>. 'r 'f ..i,. "t _ •V.\' • f•�IL+• +;tr}%H Y•'¢[4.•_•r L r'„e�;/•.::[�:'i r,•'tia.�rY�yrr~n4L^•�+d:�r.,..�gL..r:r.'�E:r•-.iLN+•ri`�i'':�tL.Fa`r�.'.r�•L'..3.:r)a•tea*'r,y•'.`.,^a_e:a:r,.�Rr.^.••,Y`t"+"L:',,'•ty.�-�,..`.n i..',•Y� '4.J,+�.,,y�r•�•'y�,•t•: .:s.v::a'i'r'.`• - {: ,.. ` _.•�fi•tk�...:)�;�i A-.r`,� .`'_1!c�•'!r`��•rti��rt��P•�L.Y,,Y. �'•�vr�Y�_a��.-i�.-�•., . • " 0.0rrJ (1•.•t',.A`'•:y•'"-S„�•'''• ,..•F ia'tL'ig k • F...:� ,,�: yw"' ,• ;[•M?t-': _L-S. a" V Al ••' it}:r. • am _ . / .•qi r _ 16 L }:•'t_, 7.• . rr t * a • •.c, • t�•r r�.;' t .aai a. 'i ' 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 A 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? 0 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. Mi e ha e l Digitally signed by Michael Dierstein 011 cn=Mkhael Dierstein,o=C3tlgen,ou, Dierstein email=mkhael.derstelnpcdtigen.com•c=US Date:2023.07.19 14:42:42-04100' Applicant Signature Michael R.Dierstein-President Print Name and Title 07/19/2023 Date Is the applicant also the owner of the subject property? ❑ Yes in 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.perta.ins to the applications • No changes as of Date Signature Print Name Revised 11.09.2020 3 I P a g e �.,t,'11+.('g w r ��eA;` v�n,S :.r�.yti... - .�!'' �,F':ty;�•,;'iS�>"fFY`t+}�• ,°"lj`' 1.;;.'L` •r.i�, ae• r-.s.�, aifii: ny,;r, 4°' +. _•IL {^},. .:�. `'.t� ��'�`•:,.jAv �v. e•5•��:.Tr 's. :n1%;f:.,'t:. 1 `i.�S"d:•:.�• :,•-. .}•„' ,yar - _ - i4'7.s``:. :. y ,.,t t• ."+ - , ,:r: t',spa.% ','�y7.t•r.-._' .: r l• `14:.;,:c• .••s•!:+r 4 _t; ,'!,, ., t.`.. l F;;.,: �� Y. wr�i" w,..�i.'•C.•3: ,�"tw:;t�'• •,7-0:+. {'� �7N�^�+b�,.aJ:• .•'.:•'y' � .ti'a:�r• ::r:L• :rta�rif `i; :.r r ,a .i7 ^,:P.3' =w7-.entr,. R,:,� .•= .2• �. �i• F• �.7•`e: r1t¢:•.• �t'.i+ti�'�i. '}: �y.S��.Y%��r�YR ' .�*-f .: ;-;:. 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N. ��:rr r1•'r. ,^�.. �,�!':..Frr:.v 4`,�:'tyoY:�;.ii �� c� - 'X�t ,:.'�,. .. }•s� .,Y �1••'.}�`'•S��''�•^t- ••-'r'•�4 T:wii%.'•:e u..��c_ e••• ;v .j+.r' iF .i.• ,:,+t't:t Jv .a ,3' f�' +:p-?. }' w t- • v e- !k° :.h'ti' Sa'.��R !�+"S1s1.7.''r.....•'+�a:,1 T=+':iy,1•. 11'S. +• :ti ., w .;• ::•'y'': •. Owner Disclosure Owner Name Applicant Name Michael Dierstein on behalf of GNBL Inc Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business? ❑Yes ❑ No • If yes, list the names of all officers,directors, members,trustees,etc. below. (Attach a list if necessary) • If yes, list the businesses that have a parent-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? 0 Yes ❑ No • If yes,what is the name of the official or employee and what is the nature of the interest? 3"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. 4"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity, (ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code §2.2-3101. Revised 11.09.2020 5 I P a g e {'Ifti'slnV:;°W�t,S• .s •� '•;� : 1 r' ':>� ':L.' ;S'S'F... �wTKYG a:R`S`Y w:�;. ,i., - ..,n:• ,•4 ,•q'1`'! �y;9�}t•.. .til'y.x.gY;�l .. x'L!V.s_.•.:�),,• .7F;•,r.•';, 'r: •`ti. r;� �; y`t• �:i• : ::...h':r•a:: ::L' •,4'l:;T'"-.••-•:•',."4';;•.'r ••\ r1•, - }}�� •%";1• .tF:,:�3x '•t• '\?+`s,`�+iw '.r'�-a+ J;. •'�•�.•.' 'r a:- _ � .�•J �•�. :�.i'F•�' .a•. ca." ..a ,i-.::�. +i,;.:✓::;r .ems?T ,t`. �. 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R`' . • �''•. �r� ?x C.• yrr'rriT '.y s C v:K::r..• J -�r' •:'Y :.4 �t�. ••'ti, ' � N lr:o';. ,• � fir, • WW: i�. r%.� •��. r. ' J. -/ .,,''+�1:.'.y s; �:1}}„ypn' �•7. '`•?..il' ,.�.r•�.�r.tir.'a •w .�'... z":1;..:\4•r. �f r. f� :{r: }ti :�.IPY r • r. a J . ,� •s.' • • ! 7 3 .f a•o is e • J; o ayi. 1 lr�v+ 3: .�e:• ,. y.>•"s,n:r;..� '!s ;.S•'r.g. . . s.: r, i s .�',•: •'' '': .i s.. 'r:i� - ••T, .~r.- ..J[• • -. Y• y.. :,! i•y-6�L. r •�. r: 2 Jy• r.::'4 ri s .r r� rr - .,4,: y • •.•�.ap'yJ•• rE�:•.•` ri. . " . s.f:`r,•+srA .t' - .,,/. s�,:.ti. ^•h..',,.ter. ;e ..Ya :s' i' r lwJ. 1...• • ri'• •�:L P ± 'y •4:r'! i• r: •::' sr, .� • -fr � ?']+ ac. ffi::r) P'':;� ^\:r :n •A:' ♦ . .r. , a- •..: .9 •:r. FJ.aj• J • • •O"5< '.Y'�i. r.'i!r. �-ti? .r�YS��) •,`�j i;• < "y1 14y:Y,1i..r• :.�'.r 'k••t4.•'�,r s .�'T4.Y:'!'F.•^,�y Ve1+.e:..nr_F.s s +•+• _ Ji. Owner.Services Disclosure 1. Does the Owner have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ❑ No • If yes,identify the financial institutions providing the service. 2. Does the Owner have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑ Yes ❑ No • If yes,identify the company and individual providing the service. 3. Does the Owner have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes 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? ❑ Yes ❑ No • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property? ❑ Yes ❑ No • If yes,identify the purchaser and purchaser's service providers. 6. Does the Owner have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ❑ No • If yes,identify the company and individual providing the service. 7. Does the Owner have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ❑ No • If yes,identify the firm and individual providing the service. Revised 11.09.2020 6 I P a g e rr";+-•.t,ra.•r;.,^(prlr.st."••'.r:;.•rc ;•�:. 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'.74:.r' .•U.r•xalY:•':rc, V`l �X-.� _ ,-.S� ,,,, ,_-,-c, +..,, .�•YI.O• 1 )i ', irtitr S •..,.. •• .;1i }' _Y ~,` :v. _ 4�•.' c'• •2 .�. .i.•rr' ir':i .+s :'„a:• .-.` - ..: .- S.' .a� 9fT.'a YC•s�t �pff[+l�'e [ :�, .t.-,. .��•'-:.•.r.:�. ,�� •''tit`� - r.' •''•tea} 18: rf'�, - .-+� �..5,••k��.f.7...r11't••��• •i., .s .•ti^`•s�i�i:r t�'.�, f ri .•y• ;f,':1• .a>;'t• _ Q� yr' � ji.•' •M^•.;,A..,rx` � �;tip +'• 7t �'4 r s s•' %� ti ``a+M6: ar~ .��,.�.�'� };„ =�yrJd•%.'••�.. '.Y•_� ;' .:,rrw 4 8. Is the Owner receiving legal services in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes 0 No • If yes,identify the firm and individual providing legal the service. • Owner Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Owner Signature Print Name and Title Date Revised 11.09.2020 7 1 P a g e I- 11 ._... I' P i 11 , . 0, _ CV 1 f ,?,,,,, Lib •- -- -. :.. , ...._ ...., 1 A 300 4... III i I e t.. ,.... 1 ....I. • ok._ goad w ........_.,w,, G • ' ..x,. .....-- I^ , . .-.•, . ' . . . ..,, --, '' .. ' -C. . it , .., , . i . ,, : , V • . . i gm._ !A),. , , , • .41,1 . ill#1,1.4 4 'I it.:5_.0,-t% PI ,"'F-4•r. . 4: : •r - ‘-... .,..,.,. ....\ , 1.. . .,: -,....,. _._:..... -... . ‘,....,r ,4,•,,, sA. '' • • " \''‘ . e• . . ,. 1 % : 4.0 I : 'i'I' 4 II I . a u W.. . :I , .0`, • ... • ,... , • v _agar , - ••. 4V, ' r ,,,, -7 • .-.4( , . ...... ,... A ' ' 1 / ,.... , ,..''' 4 ."' ` it ' •' c , .-e RR . imam.Feet ....i ., r t s .•....44,-, -- 5. .,A - 0 50 100 200 300 " Pro ,... Kempsville Borough Boys Baseball Inc. 9 Lease Property Exhibit (6.25 Acres) Legend Portion of Providence Park Lease Property 952 Reon Drive, Virginia it each VA s Property Lines GPIN: 1456-63-8279 _....,.. fi. r °'':r:.. Y.',•,i�:r; E• :Xl:' •iti`/: n.•:f'.:�Ya., ,k,. �{•.G�.. �r .,.,,_,, _ _ , •'f'. �• :i•i _ .�,` �/-J. `,4 55` •G• 1.• ,r. •G:i'4� •�� 5.," ' a • ^f�' • - S. !' .r ,Sr• t ]� •7( oi•vv.•+�� - * .�•.,r•• ri'1". .. �'��'. :i 'j..�i•�1 . ,r��'^f••15'•.- .y.r yi:: r3:• V p7r •- �{S(, f 9 •j ••ir. .a�•• ' •'•r•w J 1'yr' •� •{' y hJ �• ..;`•i. •�� LT7��-�,fi� �CJC. �+.3 ;'+. �•j .t ,?' •5 �• •r .i•i r.• S '.. S. .,� , •� 'f^ - .:,il.,r: •:i:: „a, •x.•....,.. .S: ;' - :ur.'• -J•'ia w { r it: 1 ;�:{• ti' r.+.: •f ii:. �.ai+''V r'r' • %i•I'.+ 'kr :r `t k eG r:�: �yy t .1 •f "l.F`.. • r •- /'. is �•E• l 1r/ •4 • •riJ`;.TF.^a; •G, 1 l+ iY� M1• •i Si'ii{:•.w S•. •d .r •!Lti1:• • : •• • !� .•d•i'r ''a�X-• ,1. \ .;T.:.f. ']'[:e•' • :5;" •• •. , e.f•, ••,� •f .'• yl...i • r�f:f • Vl ��.+ •'°ac. • •f: ' .! ,a.'r •5., •i ;i:",. _ .�•: -5:w .(• .��' +r- .. • • ^v'' e•6•:4. t'•• `{ :'�'e•i' - .i +.a`w.•...et{:•�rJ "4 . �} ..�� •y ';: G 'i • ; ;,i;� ��'a;...w• w=•n:e� �Gi •l �.ii" ._• ��r,- q :y: ;{!•'. „ •s. •t`- ., _� ail• '__.+••� aQ15O . ..fS ''�•fib<• -: � :4 ,-•`••!' .(,•1 •� l• i••Y' :i• .f.v.S' -.ys't..• - i4 ,,._ ., - .r-j: t_. '1.1y • ,a l ' •• !•' .n .. ' '�� •!` •G.�`�r rf• Ya-. • 'y-: • .'i -a,L;33•' _. - +-ry,,. ••�:'.'i. ;.i r..(•i. {'� )1:r. ••.;: � �' jq1 '[!:'''1i.' •:''4 1\• rJ. sSai .� _..lF'w..dr:Y1• 'f'..+ ••G�y.�• w ,.... _ {.•G +. •t'• ,.T°r. 1 • 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 Kempsville Borough Boys Baseball Inc Does the applicant have a representative? 0 Yes ® No • If yes, list the name of the representative. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? ® Yes 0 No • If yes,list the names of all officers, directors,members,trustees,etc.below. (Attach a list if necessary) John Shipp President, Donald Spamer Treasurer, Jesse Morton Secretary, Bernie Kozuch Player Agent, Vice Presidents: Ty k, Phil AIL,ei 1 dud Donna Casa,, • If yes,list the businesses that have a parent-subsidiary)or affiliated business entity2 relationship with the applicant. (Attach a list if necessary) N/A 1"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. 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. 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'S, �, • .a:',ri : r•1y�, .,1- .�•ti s_ .r • '. .. •ih y ',tk. ,Ir.s+ '��•s•..g• '•vr/ �'sh� •'ks. .F�+V��sR+ •`� /r•• ll�1—r Y.'r F'r_}}{,�; Fr4y,i •N •t..'•� 'I • �'. .�•M1 - • •• ..r: .y �Yar.1" ".. .l• ,,�E��.SY,l.�s�l�t�sl �:. 1rLei AF:pVt4 rS+L rlr •w}•. a: Y • .r, •S w4' 'Irb' �r ) -_ �'44" rr-f..w 'V,Y. •-• / 1' <, S•1:�6•. �FY v(y.: n:N �:ry•.+:, - .•,�rr�'ti • =t/��. f�.;:�.r '.��,a. `j�•r';' Y F_'r. (� - !�i .. • • �:ti.:` '1�.4:"�'r' .f:`� 'L; _ •''- • • l w • 'i r'�:. _ %..�1 i!�•}�ft, riw •�i�T•• ' ry4•ra. -;,i•*� �i :�'t' .r••• ; � r • 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 iiNo • 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? El Yes ® No • If yes,identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ® No • If yes,identify the firm and individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ® No • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?❑ Yes ® No • If yes,identify the purchaser and purchaser's service providers. Revised 11.09.2020 2 I P a g e • i'•j�:��. ?a y ,Vb. r:l . •�. ,i{,-�g' •r'•1�,•'.F. •1 t. .•y t . •Je .r •'+r'r' •itr � •v a.'• i ,:iY,'• :t _ 'V • ``.r},! .7; }, .r7rj;F n..�. .7, sr• ''-ems••" .i....r .:S:F' V,'_•` •i-.. ••S41:'''_ �3::: ?Y. -; . . 'Lr i r' :ti el�`•.e F:t- .i,'�• .t•r•_�v•:lr, •+' �.i.'py.'�`-� r. i r'S', 1f= r�� %. s.. y :Y •ti v.' .1 .+�? ~Ly -fir •'�.�r�r9�' '�1:{�• •�t•.'^ :7�... .x: .j'b:4:. ��.. 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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 i No • If yes,identify the company and individual providing the service. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property? 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?0 Yes ® No • If yes,identify the firm and individual providing the service. Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Applicant Signature John Shipp President Print Name and Title 7/18/2023 Date Is the applicant also the owner of the subject property? ❑ Yes ® No • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning•Commission and City Council meeting that pertains to the applications No changes as of Date Signature Print Name Revised 11.09.2020 3 J P a g e ,'1 L".�-5�'�•�i�. */:'i:.1yy.'.�.r .i�1��,v', ;�'•�'+� '-'�.•�{".}.Sn;••r,�,':e?�1'�%'�.��s,.r•.r��, } sY•s.. r•a •�,, -. •:1 T/:y.J'f� T. :\. ,,II ,-S,f;S' g ! w.l '•�i1 Y-. 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Owner Disclosure Owner Name Applicant Name Kempsville Borough Boys Baseball Inc Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business? ❑ Yes ❑ No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) • • If yes,list the businesses that have a parent-subsidiary3 or affiliated business entity'relationship with the Owner. (Attach a list if necessary) Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑ Yes ❑ No • If yes,what is the name of the official or employee and what is the nature of the interest? "Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation. See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. 4"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when i one business entity has a controlling ownership interest in the other business entity, ()(ii)a controlling owner in one entity is"also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entityrelationship-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. 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Does the Owner have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they consideringan financing in connection with the subject of the application or anybusiness operating or to be operated on theproperty? y p g p ❑ 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 El 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? ❑ 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? 0 Yes 0 NO • If yes,identify the firm and individual providing the service. Revised 11.09.2020 6 I Page - �,•, 'i• T.• �'!. Jam" 'f�. •-.. �1'. 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Owner Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Owner Signature Print Name and Title Date Revised 11.09.2020 7 P a g e 02, Ott EF LOGIN I REGISTER > IwsvZILLE } N iT BASEEtf LL Position Member Phone - )Small President John Shipp (757)572-2261 johnshipp41@yahoo.com Player Agent Bernie Kozuch (757)573-4075 KPB.Player_Agent@aol.com Treasurer Don Spamer (757)635-0805 dspamer@msn.com Secretary Jesse Morton (757)377-7885 jesse.c.morton@gmail.com 06U-Shetland VP Ty Dore (757)618=9216 tdore595r%,gmsil.com 08U-Pinto VP Phil Albert (757)617-1459 palbert2112@yahoo.com 10U-Mustang VP Joshua Saadeh (757)724-6389 jdsjnsdas@yahoo,com 12U-Bronco VP Dan Allison (757)618-9617 daniel.b.allisonl@gmail.com 14U-Pony VP Kevin Rafferty (757)679-1378 rafferk13@verizon.net 16U-Colt VP Travis Fox 757)615-1675 fox.home@cox.net 18U Palomino VP Jeff Mack (757)575-0735 jeffmack.consulting@gmail.com Champions VP Donna Eason (757)407-3240 DonnaEason2001@gmail.com • T. \\\; • NII(\":":>\\\\;:\' /'CI*\\\ a a a a a•• ` ,. i A t Y• `• • LLL i. . LAC • • LL` 4t • CC e ` .its >.!,, ,h.44 a. • • 'lit x • ,„ AA. %, , '.-- ' l'' . 411prf• ` scc � L "4' . w • •1`,-,' 414* ,/j ::IP ..r, .10, ..' . „:: 48 art ,`-*. 14... , •,, 0 75 150 N ,� ` �� Feet t4to S Boys Baseball of Lyynnhaven, lace Legend �:;. >� Lease Property Exhibit (15.8 Acres) ,iesse \.�..1 • 586 N. Lynnhaven Rd., VErgfnla Beach, VA Sassier Lease Property GPIN: 1487-99-8119 Property Lines :r'1-.s. ••F.ii .-t�lW+..a'-.4F(,r1•.,-i�.gg`''�+.•;"y,1�•�f4.,ti.,.+v.'�:v r�",r,•�*'.w5�, •'!'Y•.w'r'.3::• •` ,+,' .''� !,, :•f,s,':r T-:••+,i-(�JQ++'• .,.!�Jf i, '• -••a•:j••.•YI ar.,•(ae•�F"..:yi;~'wti•ti•, •i.•- • •:•Ci.':. :� •.+v• • -zf.,f i O '' •. `i' • , M E,•": • e'.:,ltiir4rs:r.rair{l• • r vi. ;ti. • . �C". • •: w•iJ y '_ irfi eq, �"Via .a C,,' � • f,1 • M 4,"%" 4 • . ....3.'••,• • :•::`;.r�-•,1.r- ft�6 j. 3. - _••'X's•:, .r..r.e•s`' _' 'Y: Ls +5: ' g •:i , r• °• • ' .•'.. • - • • :?�+a5•.a-<•<R''•;••• •r•r�K h. '•c 'L • •i.:.•! n-Ji i i•`e••••!... r.{:T.o .;. Y -.�' ii�:• "A: 4w• . -' _ ` w••J1•y -i• t`' TT;�; _ •Cs,r ,•Y•.,+ a 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 Boys Baseball of Lynnhaven, Inca Does the applicant have a representative? ® Yes ❑ No • If yes, list the name of the representative. William L.Holt, Esq., Kaufman&Canoles,P.C., 11815 Fountain Way Suite 400,Newport News,VA 23606 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) Jeremy Davis, President;Daniel Buttarazzi,Vice President of Operations;Cariese Hinckley,Vice President of Administration Shannon Jacobs,Secretary; Kristina Throckmorton,Treasurer • If yes, list the businesses that have a parent-subsidiary)or affiliated business entity'relationship with the applicant. (Attach a list if necessary) None "Parent-subsidiary relationship" means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. 2"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling-ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity, or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include.that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.2020 1 I P a g e • • 4..r.p�, 'Y; ".+,..•x. 14. '_i•ar>'S'r.Ya ; r.reYl+. " rnti•J ' ' sn • :A'u„ * + , .{i• • • 'A�t •S.,•ft ., i . _ ''• i.'' + • ..5+1: • • ry�,� 12:T .. y. 4 .yj .S ,1 ' I�i' `, t.. 1' `i '0.• J tl 1{I q ' ;•/' 'T, '1 ,.f .Fi•.,4.y..it' .•L'• �� 4'•�.:: .. , t •i:. •!+ i r�r•.t ' :i d •.I-' .. }r•. - .ms-;'.S•.!•., 'q}, 'A: •+:.4.r:_ •t �el ` • 7 ^a tiL. • v; :d'"r. `•ep'•i. `;�L',.:�. (r :r.. '•p' "''• •L. _ ib' ``Il li:.s.fr: :4 7 a,r'+;..,'.`{,t�•• -_:�n�'•'"~•'u'.r•'r' •. : ,'e j,1•k `I r. •+-ti.>ti'�•• ^'6�s•.�:•,-i ' • "•rh ii r " S. •.'y•-r:b�z+.i.°.w,�'�" ""Y r.•r•,''yr�i. ,+, h4.nE.•: 1��.-i i'`r:-'-r:••`Y•- )•j•LF t j • }t• • M 11 .-1 4-.�yr'ri�,0f:r �+• 4 :i •p 1' i • • •i •.:'� "{kl•. .A, t •`y •ya"r:ie.:•.r•-""!f`"7%` ww•'^,- `: 1 �� 4s; f��1 •�;.,.,, .,r..,.'t ?i�6>0!+!�"; .,t• •a��,. „f,> `C;r:,j,�{,y;�:x.1 = 1 r �• { 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? Cl Yes No • If yes,identify the financial institutions providing the service. 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑ Yes ® No • If yes,identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property? ® Yes ❑ No • If yes,identify the firm and individual providing the service. Stephen Merritt,CPA,P.C. 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ® No • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property? ❑ Yes a No • If yes,identify the purchaser and purchaser's service providers. - Revised 11.09.2020 2 f P a g e 'f%. 'r!+t;: .S.li.: >-=1+:r` :'4.'•�i:' e f . f,,:i. s:-~.' ",R t .,a'-:.o r:J.� • •i•4•:.• .F•t.:.•,. �.y` ,t`: '7':;a. 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'+' •+ .Sc.•. .ita -rw?�.;Lt". - - , _ y.ti�.: ..7 fl;o'�i••. •,+*- ,�5� ::�i' - - •is••4'• j•- '• ;•['.:a��r..;1- +' i,i:::.,-4• .•?..': '"; "':�•'- i.. �� Q�+ a `,• / pcl�r ', • , • �, +• '•I_. 'fl w,i:e.i.J '.'�.,.(" ' Y' , •' S � �:�+I)n iJ�7,1�-Y" • r 1`t'_�'�• r''i +•o••�f..,• ':1C~ •a t•r's. ��'!•3 iT•• • �•;�+ 't,:•. 7'1?».K.s. . 7 `s4y,� ..f•^ J:f's':?•:�+„•.i}..+-,•h: 4"y .,'' Y `�•�rj::,••..,,..i:i. ..�wr'.+ _ s,. � ,`c .7 ••":'�+.L '.t''s•l:.S` "+':M. .. _, r •i''^ti�'' •„e,e+ ...y.t.:. k:�Y:.iak • •, :•, ...o-•..' V!1 F '�','r, .a...t.•J },.7.,.i' nr'.r 1.(•3.w 8:iw i ,.�_ '? t' • •,+:i• L. • i+.•:-'• s a _ • 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ® 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. d�v✓ Applicant Signature Jeremy Davis, President Print Name and Title July 24,2023 Date Is the applicant also the owner of the subject property? ❑ Yes ® No • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications No changes as of Date Signature Print Name Revised 11.09.2020 3 I P a g e ¢ Ut'• ."'R'L• - :•S•1 ♦:J.' .•\:! 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(Attach a list if necessary) • If yes,list the businesses that have a parent-subsidiary3 or affiliated business entity4 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 0 No • If yes,what is the name of the official or employee and what is the nature of the interest? "Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. 4"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 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"�a'_'" .'y .i r.'�•Y -�.1 :- 's� Vti' • • �. rr..s'.,y :t 3•Y.•;, 1•_:T...r.. 4'..-ti.. - --- t c..i._.*r�_ '•eti r ��' •r wtirJ 5' K. •• •� .i ;;,v. iy .T+.i r_._ '6 ••fc,4\„�• , •�•'•i J. Ji__ tt f4 ryG '� S A�'i:•Jw �(Ln. •'K_. .f•Y !ry., •� - ,.• _y4.. •,,` 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? El Yes El No • If yes,identify the financial institutions providing the service. 2. Does the Owner have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑ Yes ❑ No • If yes,identify the company and individual providing the service. 3. Does the Owner have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes 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? ❑ Yes ❑ No • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property? ❑ Yes ❑ No • If yes,identify the purchaser and purchaser's service providers. 6. Does the Owner have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ❑ No • If yes,identify the company and individual providing the service. 7. Does the Owner have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ❑ No • If yes,identify the firm and individual providing the service. Revised11.09.2020 Wage • Y•.ti �r a nbI,��.. •i', ;ti�.'. �1ff '•t F.r►alw ' L r. • "r�'..�..7•..'. • -• 'i .r...vi�_:�..,J- Fn,-,. • -F '+• 'J .-j rFA� .i ..y i L• ••�, • - a••M1.' _:! r+• :5' i�'�• l + f. �r ••-J er y.f'}� +�• .�• �r fi' Ssi i i- • •'`w .:1" - '••• :•.."" j:•y ,J'.'• 4 : F� .t"..,ti `I•`. .5•„j._, ,�,yZ,.w _ `'r'•: r .,+^:{ >, • .{ • t .1ti.,�-•a•^�.••i- la,. �r• c.S, '�' �-K Vie �" =.;¢ �f. hI•' J • - • 'r.-1• ti•j;{+i•+.- 1' `+' :t. t .,. r•� l � •q i'y n.r, T:+': �'L.tA, a''?•n" S � l��.. 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'J.+r. �.1. jhi il' _ _ :�.-,.�:-:mow'... ti.. .` 1T _ _ r w`4' i{..•.Y w�' 'i.'i•`'!'sw' ,.Ir' •i'M1,.•14^7. ••, •r.„r �': •S.,�.• .]... �-'-�f � • �L"' •T' ,1�'� Vf� try 6.w� .Y '.ram,,ry'4'..'.. _ "• Li• mil• :• -K ..'d ji:' r•;;.: t• 's' v ,1�'+l•!'F�4; •• ..i +r} • ` j C' � YJ'I�L 4,i fti' ••' _ ••:rr•r% y • `•+a ° ,•!4. -• •yt• . ,.-- �,.,4 '•.:� ',t. ,',',.�.r i � -3 y -nv a ° .n.�:r-Ln 't• .- ,.sf - �e"'. d'•'P•• ��'1'S• • ',"r '{'"�` x1R+y"'evaaK • E; 4r - r r�. tw f 8. Is the Owner receiving legal services in connection with the subject of the application or any business operating or to be operated on the property? 0 Yes ❑ No • If yes,identify the firm and individual providing legal the service. Owner Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Owner Signature Print Name and Title Date • Revised 11.09.2020 7 P a g e 1 - , ,. E AL . , L. Kt.ard *rib Pirectors 'ha fotorting indi`ralualt are aigthattlzed atyantt of Boys Baseball of iynnhavevi,lnt Entity 10 1rbt64t-t Pa sleet I ra of C1, .elft;4sIt. Jer r Dri Sr. :tarard 3D37 Bing Gruen Ddvc 566 N 1.yrmWs,tion Road Vegaio Leath,VA 23452 ; ' nit Ekkarh,VA 23452 757.6142752 757.463.12E dentWynnitneFor a trg nr ays.ationsffyrrhsnenharsa E ozg dtz Prasucsi1 51; t611 Cif Mindikry Shaman J '• 3541 Bayed Road 56 � 6 N_ thavon Road Veginio Ead�VA 23452 Vregbia®aadt„VA 23452 - 86fl 786 6524 1 302.2454166 wpadminatpinhavoillaseball.org siocrelani44nnhavrribasetiatocs Kristine 71 ucrto tort 536 N.Lynritin n Rood . Vugirr ikach,VA 23452 737477.36E2 trersurollynOrentz.nbateball.arg �oeyt ELnisetv&-I =&5!a.rp•r,.a,£r Vor,a.a�',:-xh,1.'A2 V i .,r3»'rrn y,nla�•has�t,a:ar y -, 4 Sand an' - • �'Y �it t ti'� _� i 1111111 IT "•" +� ITt t1 l' i i i i Y R 6 15 a i' i. {il II II WI {{ 7{1 {1■ 11 i7 R!{ li • • % K , ‘ ,.51-14 '.4 $4, ''','‘,;.- ‘` '' r' 1:1,1„."11-,44,1.' S 1 1 •J t 1 L ♦. F +4 t t 'Y 43 y I ., _ ; 0 ,**.. ,�11 k > ' •a 1 i ' .�. ,�R � '$ s r Feet gym 0 50 100 "Flo' Virginia Beach little Lague, Inc. 200 300 Lease Property Exhibit (15 10 Acres) Legendf.,,,. Portion of Ocean Lakes Park .. . . It �-f Lease Property 632 Firefali Drive, Virginia Beach, VA Property Lases GPIN: 242 - 1 -1625 Disclosure Statement 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_Virginia Beach Little League Does the applicant have a representative? ❑ Yes X No • If yes, list the name of the representative. _Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?X 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 entity2relationship with the applicant.(Attach a list if necessary) N/A 1"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation."See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. 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. 1iPage Revised 11.09.2020 Disclosure Statement 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?X Yes ❑ No • If yes,what is the name of the official or employee and what is the nature of the interest? Eric Baptiste-Va.Beach Sheriff's Office Joe McBride-Va.Beach Sheriff's Office 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 x 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 x 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 x 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? ❑ Yes x No • If yes,identify the purchaser and purchaser's service providers. 2IPage Revised 11.09.2020 Disclosure Statement 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 x 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 X 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 X 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. 5\1° Applicant Signature Brandon Shank-Virginia Beach Little League President Print Name and Title July 28,2023 Date Is the applicant also the owner of the subject property? ❑ Yes X No • If yes,you do not need to fill out the owner disclosure statement. FOR CITY•USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting.that,pertains to the applications No changes as of Date Signature Print Name Revised 11.09.2020 31Page Disclosure Statement Continue to Next Page for Owner Disclosure Revised 11.09.2020 41Page Disclosure Statement Owner Disclosure Owner Name Applicant Name Virginia Beach Little League Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business? ❑ Yes E No • If yes, list the names of all officers,directors,members,trustees,etc. below.(Attach a list if necessary) • If yes, list the businesses that have a parent-subsidiary3 or affiliated business entity4relationship 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 X No • If yes,what is the name of the official or employee and what is the nature of the interest? 3"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation."See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. 4"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity, or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities."See State and Local Government Conflict of Interests Act,Va. Code §2.2-3101. Wage Revised 11.09.2020 Disclosure Statement 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 xNo • If yes,identify the company and individual providing the service. 3. Does the Owner have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes x 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 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?❑ Yes x 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 X 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 X No • If yes,identify the firm and individual providing the service. 6IPage Revised 11.09.2020 Disclosure Statement 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 x No • If yes,identify the firm and individual providing legal the service. Owner Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate.I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. _Owner Signature Print Name and Title Date Revised 11.09.2020 7iPage 1--- !WILL 80D 2023 FALL/SPRING I i Eil-E NliftlQ f/By,Div;sick o iffili..St rdtli PFT,FIFNT .Brandon Shan/ . • 170/..PA2.91iP.miq.cp,T, i 004-544-1396 • VP BASEBALL Eric 13.03-10 ' :viDatIZOI6f1c9.U31.1 :757-240-13139 • VP SOFTBALL Trtnt Shartly •SB MAJOR .trerrt_thivtivetornorlrrthrrertom 574•253•1120 SECRETARY Cerity Schutt I c.t.Cit-lES-1M9-(k,?9,9,'9,r, I 5/13-754.20913 TREASURER :Ai's.Deroich :SENIOR •allinn.clertricheme.com ;73247B-2084 TBALL DIRECTOR i 894-4214057(A1,610.945-7554 LI) . . ... .COACH PITCH MRECTOR ilm$4.917914 110-945-7554 MINOR FARM DIRECTOR :.Antfrony Banning SENIOR/MINOR FARM AntBar Mohr.corn '757-504541 MINOR DIRECTOR ;Nathan Darn 'MINOR dann_arthanflgrneilcorn 757-362.7025 I- INTERNED/ATE DIRECTOR Clinton Remington •INTER MEDIATE/313 litrannrnotorlrkrbbmaociateLconi/ •304.1185-3330 ..— , ,....•-•,,,tvenn471,-nrivve...., SENIOR DIRECTOR Jtor McBride 'SENIOR id-ITI7051D3.101,40ro 1757-335-1S21 - 'I- •! _CHALLENGER DIRECTOR . SOF7i3ALL DIRECTOR ;Rich BAN firn.bakeretoarnal 757-773459D SiliAti-SAR/FURCHASNG ;;,; ; , -, mark208760grnaii.corn 757-939-23509 . . 1,11151.1-1./(TrAP.. • FACILITIES DIRECTOR Brion MIS 'n1 a ..Ziaf659!.., 610.'''''1.50 VOLUNTEER COORDINATOR ErNly LDwe INTERMEDIATE MINOR avachIc7778haernartcorn .434-13254003 -. .. , 'TEAM PARENT COORDINATOR.Arnancla Villlorna :SENIOR MBred32:1348/06S2131 !iii-ii;:iii,•• ...... . i INFORMATION OFFICER :Jemdtr Gbson Mr IMREBIR/3B 1,.ibson4236zol corn 609.:263.73.27 EGI-UPW.ENT OFFICER Mart Lovering n/s tBAtikatti71. 811R949,1 757-802-2579 t,........... . UMPIRE IN CHIEF 'Jon McBride :SENIOR .YrJNI41,.:..r.11 cir, 757-335-1521 SAFETY OFFICER Doug Viacrukry :MINOR/CP 5i_W_,PIERD,",I7M811S22.0, :757.943-0053 50076500 COORDINATOR 'SENOR , i FUNDRAISER COORDINATOR 5EN/OR .. •BASEBALl_PLAYER AGENT ITS/ Morgan Gip./ :TB/MINOR ,rnak.2087611gmail.coro -757489-2609 ......... .. .... _.... . , ..... ...- BASEBALL PLAYER AGENT •,..e.o...„,..„,,,,,,.r 'h949'*19!4.2.744.917'9P•99," •757-237:82E0 111.1142,UP., BASEBALL PLAYER AGENT/INT/ SOFTBALL PLAYER AGENT Mirinde PAnsnprt Orr,UTI.,tharrle,,, '757-651-9430 COACHING COORDINATOR I Matt Chadwick ;Intre—hinttidSragirr :757418.1251 Wlsatdrey . .trIscrt., Lmincom 7.87-94.... r.r,aricverrin . ,. .. .. .. •" .. . 1 1117 '''''-''''''...-,..,„ 7 e • tiff.. "r .;;, T ' . ; ",.. . --'..'F---- Tr721 . . .- ,- '-4 f ii-Ir p•K - ' 7 . 7-----,-- .,. -,,-f. Y. m•• .iT t.s. ..) ,..4.:.. . ;.- L- - ,s ' . .' '-, f' t 'k ''''I , , ,_ .t ; r' - .?'-•,. 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Alt ,. , ..., ..c - - Plaza Little League Bnc 0 200 400 Lease Property Exhipit ( 12 Acres) Scale: 1" = 200' 0 4 BF, Portion of Plaza Northgate Park - -- 3332 Northgate Drive, Virginia Beach, VA City of Virginia Beach fig]. : - GPIN: 1486-75-8250 Parks and Recreation ........, Disclosure Statement \B Virguna thud; 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 Plaza Little League Does the applicant have a representative? ® Yes ❑ No • If yes, list the name of the representative. Christopher Atkinson 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) Christopher Atkinson; President, Domenick Mazzacone& Jeff Moffett; Vice President, Carlos Munoz; Secretary, Geor_gina_Quilhr�T_r_easurer r\essie Atki.,�on; DI-,..er Age (� y a crr—vc�rn�rriinovi , i iaTvi r9cnt, I,Irraplre-In��fllef; I'�c8n MeerO, Andrew Sytsma; Safety Officer, Javier Quillas, Coaching Coordinator, Team Parent Coordinator; Becky Zabala, Locy, Mike Ludwig, Information Officer; Eddy Hendricks, Challenger Representatives; Cenissa & Clark Eikleberry • If yes, list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) '"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA. Code§2.2-3101. 2"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when (i)one business entity has a controlling ownership interest in the other business entity, (ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.2020 Wage Disclosure Statement N/13 City of 1'uyinin mach Planning& Community Development Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? 0 Yes ® No • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes No • If yes,identify the financial institutions providing the service. 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑ Yes ® No • If yes,identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes I No • If yes,identify the firm and individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ® No • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property? ❑ Yes ® No • If yes,identify the purchaser and purchaser's service providers. Revised 11.09.2020 2 I P a g e Disclosure Statement City of Virginia&mh Planning & Community Development 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ® No • If yes,identify the company and individual providing the service. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes • 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 r committee in connection with this application. Ap ' ant Signatu Christopher Atkinson, President Print Name and Title 7/25/2023 Date Is the applicant also the owner of the subject property? ❑ Yes U No • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications ElNo changes as of Date Signature Print Name Revised 11.09.2020 3 I P a g e Disclosure StatementAS3 City of Yirvinia Bluth Planning & Community 100 Development Continue to Next Page for Owner Disclosure 4 1 P a g e Revised 11.09.2020 Disclosure Statement 1/13 City of Vinginta Beat Planning & Community Development Owner Disclosure Owner Name Applicant Name Plaza Little League Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business? ❑ Yes ❑ No • If yes,list the names of all officers,directors,members,trustees,etc. below. (Attach a list if necessary) • If yes,list the businesses that have a parent-subsidiary3 or affiliated business entity"relationship with the Owner. (Attach a list if necessary) Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? ❑ Yes ❑ No • If yes,what is the name of the official or employee and what is the nature of the interest? "Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. °"Affiliated business entity relationship" means"a relationship,other than parent-subsidiary relationship,that exists when (i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.2020 5 I P a g e Disclosure Statement City of Virynia Brcmh Planning & Community v. Development Owner Services Disclosure 1. Does the Owner have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ❑ No • If yes,identify the financial institutions providing the service. 2. Does the Owner have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑ Yes ❑ No • If yes,identify the company and individual providing the service. 3. Does the Owner have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ❑ No • If yes,identify the firm and individual providing the service. 4. Does the Owner have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes 0 No • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property? ❑ Yes ❑ No • If yes,identify the purchaser and purchaser's service providers. 6. Does the Owner have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ❑ No • If yes,identify the company and individual providing the service. 7. Does the Owner have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ❑ No • If yes,identify the firm and individual providing the service. Revised 11.09.2020 Wage Disclosure Statement City of Virginia bcaads Planning & Community Development 8. Is the Owner receiving legal services in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ❑ No • If yes,identify the firm and individual providing legal the service. Owner Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Owner Signature Print Name and Title Date Revised 11.09.2020 7 I P a g e l} r CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate Funds from the Tourism Investment Program Fund Balance and to Award a $90,000 Grant to Hampton Roads Pride for Pride At The Beach for June 2024 MEETING DATE: August 15, 2023 • Background: Hampton Roads Pride is a private, non-profit 501(c)(3)organization with a mission to build strong partnerships, increase the public affirmation of LGBTQ+ people, engage the community, and grow leaders within the Hampton Roads region. Hampton Roads Pride hosted a variety of events throughout the year as well as educational programming about building inclusive communities, panel discussions to increase understanding of the LGBTQ+ community and their challenges, providing scholarships to the next generation of LGBTQ+ and allied leaders, prepare and distribute meals to members of the community experiencing homelessness, and creating safe opportunities for the LGBTQ+ community members. Hampton Roads Pride has hosted Pride at the Beach as one of their premiere events at the Oceanfront, providing music and various special performances throughout the day. Their events are free and open to the public. • Considerations: Hampton Roads Pride has proposed increased programming for the 2024 Pride at the Beach Event. A grant of$90,000 will support enhanced social and entertainment in a one-day event planned and implemented by Beachevents. Beachevents will be responsible for selling sponsorships and proposing revenue- generating opportunities. In addition to the grant, a media budget of$13,687 supported by the Convention and Visitors Bureau will be used to reach LGBTQ+ audiences in our primary geographical source markets along the Mid-Atlantic States and other markets. If this ordinance is approved the estimated fund balance of the Tourism Investment Program Fund would be $46.6 million. ■ Public Information: Normal Council agenda process. • Attachments: Ordinance, Disclosure Requested by Mayor Dyer, Vice- Mayor Wilson,and Councilmembers Berlucchi, Holcomb, Remick, Ross-Hammond, Rouse, Schulman, Taylor, and Wooten. REQUESTED BY MAYOR DYER, VICE MAYOR WILSON, AND COUNCILMEMBERS BERLUCCHI, HOLCOMB, REMICK, ROSS-HAMMOND, ROUSE, SCHULMAN, TAYLOR, AND WOOTEN 1 AN ORDINANCE TO APPROPRIATE FUNDS FROM THE 2 TOURISM INVESTMENT PROGRAM FUND BALANCE 3 AND TO AWARD A $90,000 GRANT TO HAMPTON 4 ROADS PRIDE FOR PRIDE AT THE BEACH FOR JUNE 5 2024 6 7 WHEREAS, additional financial support will allow Hampton Roads Pride to offer 8 enhanced programming at its fourth annual 2024 Pride at the Beach event; 9 10 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 11 VIRGINIA BEACH, VIRGINIA, THAT: 12 13 1) $90,000 is hereby appropriated from the fund balance of the Tourism 14 Investment Program Fund to Non-Departmental Regional Grants. 15 16 2) A grant of $90,000 is hereby awarded to Hampton Roads Pride to support the 17 coordination and organization of the 2024 Pride at the Beach event. 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: ( / iudget and Managem nt Services Cit o Z-kgifiCe----- CA16205 R-1 August 8, 2023 DISCLOSURE STATEMENT FORM 4 • The completion and submission of this form is required for all applications wherein such applicant may utilize certain service providers or financial institutions, and the City seeks to know of the existence of such relationships in advance of any vote upon such application. SECTION 1 / APPLICANT DISCLOSURE Organization name: _Hampton Roads Pride_ SECTION 2. SERVICES DISCLOSURE Are any of the following services being provided in connection with the applicant? If the answer to any item is YES, please identify the firm or individual providing the service: YES NO SERVICE PROVIDER (use additional sheets if needed) Accounting and/or preparer of •' your tax return Financial Services (include n mi lending/banking institutions and current mortgage holders as applicable) n III Legal Services nmi Broker/Contractor/Engineer/Other Service Providers CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand I am responsible for updating the information provided herein if it changes prior to the Council action upon this Application. Diateemaml Nicholas Dintelmann 8/10 APPLICANT'S SIGNATURE PRINT NAME DATE s; k f CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize Temporary Encroachments into a portion of City- owned property known as Treasure Canal and a City-owned 5' drainage and utility easement, located at the rear of 2241 Leeward Shore Court MEETING DATE: August 15, 2023 • Background: John B. Nowell Jr. and Jo B. Nowell (the "Applicants") have requested permission to construct and maintain a floating dock, a timber pier, rip rap and a boat lift (collectively, the "Temporary Encroachment") into City-owned property known as Treasure Canal and a City-owned 5' drainage and utility easement, located at the rear of the Applicants property at 2241 Leeward Shore Court (GPIN: 2409-19-3878). • Considerations: City staff reviewed the Temporary Encroachment and have recommended approval of same, subject to certain conditions outlined in the Agreement. There are similar encroachments within Treasure Canal and the City-owned 5' drainage and utility easement, which is where the Applicants have requested to encroach. • Public Information: Public notice will be provided via the normal City Council agenda process. • Alternatives: Deny the Temporary Encroachment or add conditions as desired by Council. • Recommendations: Approve the request subject to the terms and conditions of the Agreement. • Attachments: Ordinance, Agreement, Exhibit, Photos, Location Map and Disclosure Statement. Recommended Action: Approval Submitting Department/Agency: Public Works/Real Estate 0 City Manager: Mla Requested by Department of Public Works AN ORDINANCE TO AUTHORIZE TEMPORARY ENCROACHMENTS INTO A PORTION OF CITY-OWNED PROPERTY KNOWN AS TREASURE CANAL AND A CITY-OWNED 5' DRAINAGE AND UTILITY EASEMENT, LOCATED AT THE REAR OF 2241 LEEWARD SHORE COURT WHEREAS, John B. Nowell Jr. and Jo B. Nowell (the "Nowell's") have requested permission to construct and maintain a 8' x 10' floating dock, a 10' x 14' timber pier, 60 linear feet of rip rap and a 14' x 14' boat lift (collectively, the "Temporary Encroachment") into City-owned property known as Treasure Canal and a City-owned 5' drainage and utility easement, located at the rear of 2241 Leeward Shore Court (GPIN: 2409-19-3878); and WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the City's property subject to such terms and conditions as Council may prescribe. NOW,THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to the authority and to the extent thereof contained in §§ 15.2- 2009 and 15.2-2107, Code of Virginia, 1950, as amended, John B. Nowell Jr. and Jo B. Nowell, their heirs, assigns and successors in title are authorized to construct and maintain the Temporary Encroachment within the City's property as shown on the map entitled: "EXHIBIT A ENCROACHMENT REQUEST FOR PROPOSED, TIMBER PIER, FLOATING DOCK, RIP RAP AND BOAT LIFT, EXISTING STRUCTURES THAT ARE NOT LABELED WILL REMAIN FOR JOHN B. JR. & JO B. NOWELL, 2241 LEEWARD SHORE COURT GPIN 2409-19-3878 LOT 211, BAY ISLAND SEC 2, M.B. 48, PG 15A," Scale: 1" = 30', dated July 21, 2022, a copy of which is attached hereto as Exhibit "A" and on file in the Department of Public Works and to which reference is made for a more particular description; BE IT FURTHER ORDAINED, that the Temporary Encroachment is expressly subject to those terms, conditions and criteria contained in the agreement between the City of Virginia Beach and John B. Nowell Jr. and Jo B. Nowell (the "Agreement"), an unexecuted copy of which has been presented to the Council in its agenda, and will be recorded among the records of the Clerk's Office of the Circuit Court of the City of Virginia Beach; i BE IT FURTHER ORDAINED, that the City Manager or his authorized designee is hereby authorized to execute the Agreement; and BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such time as John B. Nowell Jr. and Jo B. Nowell and the City Manager or his authorized designee execute the Agreement. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2023. CA15803 R-1 Prepared: 8/1/23 \\vbgov.com\dfs l\applications\citylaw\cycom32\wpdocs\d0111p044100897929.doc APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: PUBLIC WORKS, REAL ESTATE 60"b ANA R. HARMEYER SENIOR CITY ATTORNEY 2 EXHIBIT A ENCROACHMENT REQUEST FOR PROPOSED TIMBER PIER,FLOATING DOCK, RIP RAP AND BOAT LIFT, EXISTING STRUCTURES THAT ARE NOT LABELED WILL REMAIN OFFor JOHN B.JR.&JO B. NOWELL,2241 LEEWARD SHORE COURT et,TH Pj GPIN 2409-19-3878 LOT 211, BAY ISLAND SEC 2, M.B.48, PG 15A j 07/21/2022 'r.�, N/F Larry/Donna Demmed C-) GARY A. FRANKS JR. -`S7° MB 48 PG 15A INST. .� �3/1' N0.20160527000450020 �� Lic. No.52162 �„��-%)S, GPIN 2409-19-5768 ppv o ,�• -,,____: ,...-----_,LOT 210 /. c 61 \�, I /o t9 o '`4.5 PROPOSED S 1 ONAL EN EXISTING CONC. — ♦ o� o STORM DRAIN— •`=J . Q BOAT LIFT 8,8, i'/ 14.0'x14.0' v, EXISTING RAMP k t�R /�/ TREASURE CANAL 1 ? TO REMOVED 9.y� 9� �/ CITY OF VIRGINIA BEACH / h IN THE- \-%It - ' ) (M.B.48,PG.15A) / cv EASEMENT PROPOSED �I j TIMBER PIER m J 5' Drainage& PROPOSED �� .�� Proposed o Utility Easement _� RIP RAP ( Rip Rap Encr, M.B.48 PG. 15A 60 LF �',�� PROPOSED FLOATING EXISTING PIER a mi .r DOCK8.0'x 10.0' I TO BE C N/F Meridan Source REMOVED I Colleen Hennessy I (M.B.103,PG.23) 4itt. 2245 LEEWARD SHORE COURT 1 A\D`L INST NO. 202203030276 �J ti Z., 1 GPIN 2409-19-3755 224 1 �� N1 M848PG15A �p. Coo LOT 212 CI J I�r' Z . �W/^ 1in N 1 /014" LL 40 I O(..) 74, O a o Z MJ co I f p p �� o _AIM Op co ♦ -,' 'c - V, 1 w O •\•yil L ui N a) ___, : ,`6..,.,...•*.....-.. ,,.i.,. ,41•.\ •.\ W---- „' _ PROPOSED �L T ;, %, 0,AT LIFT <� Iu� o aDN o ,: 99 . ;� .. t \. 14'x14' _ Lc.,! Bz ,5 10' >, W co a PROPOSED JZ �,�� o° / ! ,,,.'� DOCK ING y �i t' 7 ' 1 ;' ",_8'x10' SCALE: 1"=30'-0" GRAPHIC: 4(( 12270 1 ,10 „ zq} NM o(P 1 9� 0 10' 20' 30' 60' PROPOSE/PIER 30 5.60' 5' I PROPOSED PIER LIFT& FLOATING DOCK E CROACH. ,,,_N 04°36'28" E 120' _ _ _ _ DIMS. '• LEEWARD SHORE COURT �`'�� Agent: 50 FT.RIW (M.B.48 PG. 15A) C�`�-R MAR*N CALVE.RT MARINE `� E s- 71 3132 Riveredge Drive Portsmouth, VA 23703-4308 (757) 777-6960 �---�� Rich@CalvertMarine.net PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C)(4) THIS AGREEMENT, made this day of 36 k) , 2023, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and JOHN B. NOWELL JR. and JO B. NOWELL, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, collectively "Grantee", even though more than one. WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as Lot "211" as shown on that certain plat entitled: "SUBDIVISION OF BAY ISLAND SECTION TWO PRINCESS ANNE CO., VA. LYNNHAVEN MAGISTERIAL DISTRICT," Scale: 1" = 100', dated October 1958, prepared by Frank D. Tarrall, Jr. & Associates, which said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 48, at pages 15 and 15A, respectively, and being further designated, known, and described as 2241 Leeward Shore Court, Virginia Beach, Virginia 23451; WHEREAS, it is proposed by the Grantee to construct and maintain a proposed 8' x 10' floating dock, a 10' x 14' timber pier, 60 linear feet of rip rap and a 14' x 14' boat lift collectively, the "Temporary Encroachment", in the City of Virginia Beach; and GPINs: CITY PROPERTY KNOWN AS TREASURE CANAL (NO GPIN ASSIGNED) CITY PROPERTY KNOWN AS A 5' PUBLIC DRAINAGE AND UTILITY EASE MENT (NO GPIN ASSIGNED) 2409-19-3878 (2241 LEEWARD SHORE COURT) WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of City-owned property known as Treasure Canal and a City-owned 5' public drainage and utility easement the collectively, the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt and sufficiency of which are hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: " EXHIBIT A ENCROACHMENT REQUEST FOR PROPOSED TIMBER PIER, FLOATING DOCK, RIP RAP AND BOAT LIFT, EXISTING STRUCTURES THAT ARE NOT LABELED WILL REMAIN FOR JOHN B. JR. & JO B. NOWELL, 2241 LEEWARD SHORE COURT GPIN 2409-19-3878 LOT 211, BAY ISLAND SEC 2, M.B. 48, PG 15A," Scale: 1" = 30', dated July 21, 2022, a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary 2 Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the City may enter upon the Grantee's property for ingress and egress on an as needed basis in order to monitor Grantee's compliance with the terms of this Agreement, for routing maintenance activities upon public property adjacent to 2241 Leeward Shore Court, or at any time upon an event of noncompliance with the terms of this Agreement to enforce the terms of this Agreement; provided that City will provide at least ten (10) days' notice of such entry to Grantee, except when there is a threat of imminent harm, personal injury or property damage. City shall not unreasonably interfere with Grantee's use of quiet and enjoyment of the Property. Any access authorized by this section shall be limited to the property with a street address of 2241 Leeward Shore Court. It is further expressly understood and agreed that the Grantee will maintain a 10' x 10' protected work area (the "Clear Zone") within the Encroachment Area to provide City access for maintenance of the Stormwater drainpipe and outfall, located at the rear of the Applicants property 2241 Leeward Shore Court. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, 3 in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain a permit from the Civil Inspections Division of the Department of Planning prior to commencing any construction within the Encroachment Area (the "Permit"). It is further expressly understood that any existing encroachments referenced in the attached Exhibit or in this Agreement are the ongoing maintenance obligation of the Grantee and the City disclaims any ownership interest or maintenance obligation of such encroachments. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00, per person injured and property damage per incident, combined. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee 4 assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, JOHN B. NOWELL JR., AND JO B NOWELL, the said Grantees, have caused this Agreement to be executed by their signatures. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. 5 CITY OF VIRGINIA BEACH By: (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2023, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2023, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: 6 John . Nowell Jr. 5://04 Jo,B. Nowell STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this 2y of , 2023, by John B. Nowell Jr., and Jo B. Nowell. 41 SEAL) Notary Pu • �� ASHLEY RENEEPUBLIC JANECHEK NotaryRegistration Number - 9 ri NOTARY PUBLIC 9REG. #7770977 My Commission Expires: %I.R{ 202(0 COMMONWEALTH o z I L MY COMMISSION EXPIRES l sI� APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM BL'ICIN 0.'KS — REAL ESTATE L DANA2. HARMEYER_> SENIOR CITY ATTORNEY 7 EXHIBIT A ENCROACHMENT REQUEST FOR PROPOSED TIMBER PIER,FLOATING DOCK,RIP RAP AND BOAT LIFT,EXISTING STRUCTURES THAT ARE NOT LABELED WILL REMAIN �,�, For JOHN B.JR.&JO B.NOWELL,2241 LEEWARD SHORE COURT ��- TH OF I, It GPIN 2409-19-3878 LOT 211, BAY ISLAND SEC 2, M.B.48, PG 15A 07/21/2022 r N/F Larry/Donna Demmer) `6,'?10 MB 48 PG 15A INST. U GARY A. FRANKS JR. ` ''' '''� NO.20160527000450020 i . Lic. No.52162 �C�� ,� -'ti15, GPIN 2409-19-5768 O V ,o LOT210 ism 4 o EXISTING CONC. C>- , ♦.�'Ili o a -ROPOSED I ONAL E�- rt- STORM DRAIN �T Q BOAT LIFT il 8.8, q.• iir 14,0'x 14.0' e EXISTING RAMP � I,�: TO REMOVED 9.9'/' •%�� J*� � �`' TREASURE CANAL �/ CITY OF VIRGINIA BEACH v EASEMENT \- �� \�VI ,ti' �� (M.B.48,PG.15A) PROPOSED __I - �.` 5 Drainage& TIMBER PIER �� Proposed o Utility Easement R� Rip Rap Encr. g M.B.48 PG. 15A 60 �7��1 PROPOSED FLOATING EXISTING PIER II 0' DOC48.1 x 10.0' I TO BE a N/F Meriden Source REMOVED I Colleen Hennessy I (M.B.103,PG.23) 4 2245 LEEWARD SHORE COURT I 0`1" v- INST NO.202203030276 (� �� N I GPIN 2409-19-3755 2 2 41 ��"�� N I MB 48 PG 15A ° LOT 212 co I coti� Z I W 8� io. f 4. a OZ0,0 oOC� � 1¢' Oa o cci e- , l h•� =! r 8 ` , - gift‘,4 in ,^ W ~SN .� Li' oc)e �y ch i ® A.� v ED WL N m /i • - i t �,i,2 I� _ 0 g%2 Z — ..;::"A �N. WV 14'x 14 to O " _ ..,, .. $ . 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Legend ~ , _: �`M R ' " '''` 2241 LEEWARD SHORT COURT City Property , d ` �' .• ,,� v ; - GPIN 2409-19-3878 „ r 4►''�''ktit\\.4 v �.4 •A. ,- : Feet we 2409-19-3878 r4. r 0 50 100 200 Prepared by P.W./Enq./Enq.Support Services Bureau 08/18/2022 X:ICADD\Projects\ARC FileS'AGENDA MAPS12409-19-3878 Aeria 1 ....... Af SITE 4 ' O �;. ! . i L LEEWARD SHORE DR 4,0 LOCATION MAP ENCROACHMENT REQUEST FOR JOE B. AND JOHN B. NOWELL JR. Legend 2241 LEEWARD SHORT COURT City Property GPIN 2409-19-3878 . Feet 2409-19-3878 0 50 100 200 Prepared by P.W./Enq./Enq.Support Services Bureau 08/18/2022 X:ICADD\Projects\ARC Files\AGENDA MAPS12409-19-387E Disclosure Statement V13 City of Virginia Beach Planning & Community Development The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board, commission or other body. Applicant Disclosure Applicant Name John B. Nowell Jr & Jo B. Nowell Does the applicant have a representative? ❑ Yes 0 No • If yes,list the name of the representative. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? ❑ Yes MI 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-subsidiary1 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(Hi)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 - Disclosure Statement • City of Virginia Bead! Planning & Community Development �.� Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? ❑ Yes ■ No • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ■ Yes ❑ No • If yes,identify the financial institutions providing the service. Wells Fargo 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 0 No • If yes,identify the firm and individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ® No • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property? ❑ Yes ■ No • If yes,identify the purchaser and purchaser's service providers. Revised 11.09.2020 2 Disclosure Statement City of Virginia Beach Planning & Community .'' Development 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property? ■ Yes ❑ No • If yes,identify the company and individual providing the service. Colin Marine 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. Calvert Marine , Rich Calvert 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 U 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. C1 .14e1 )tAU1-4,__ Applicant Signature John B. Nowell Jr Jo B. Nowell Print Name and Title 8/ 1 /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 changes as of Date Signature Print Name Revised 11.09.2020 Wage I .Nun Fle r .N\ CITY OF VIRGINIA BEACH AGENDA ITEM 1 ITEM: An Ordinance to Appropriate $750,000 from the Fund Balance of the Tourism Investment Program Fund and to Authorize the City Manager to Execute a Sponsorship Agreement with Audacy Virginia LLC for a New Fall Music Festival MEETING DATE: August 15, 2023 • Background: The Convention and Visitors Bureau has successfully created opportunities for large festivals and events for the City's visitors and residents. Audacy Virginia has provided entertainment at the Oceanfront in the past in conjunction with the 60th Coastal Edge East Coast Surfing Championships. • Considerations: Audacy Virginia is a well-known entertainment company that has proposed to bring a two-day music festival to the City on October 20-21, 2023. Entertainment will consist of securing headliner national recording artists. This Oceanfront festival location will be in a specified area, with the footprint being at the 31st Street beach area with the stage facing south. This festival will provide a genre of pop and rock to draw concert goers from across the Mid-Atlantic as we continue to showcase the City as a top tourist and entertainment venue. The $750,000 request is for a national radio ad buy to promote Virginia Beach as a travel and tourist destination. The ad buy will be coordinated by the Convention and Visitors Bureau Marketing and Communications Division and the CVB Agency of Record, Miles Partnership, and will report out to the Advertising Advisory Committee. Audacy will spend an additional $1.5 million in advertising to promote the two-day festival. The funding for this request will come from the fund balance of the Tourism Investment Program Fund. If this ordinance is approved, the estimated fund balance of the fund would be $46.6 million. A sponsorship of this level should 1) enhance resident and visitor experience and 2) provide a return on an investment to the city. As such, the event organizer will be required to report on the use of funds, event participation, and overall economic impact within 90 days of the event. • Public Information: Normal Council agenda process. • Attachment: Ordinance, Disclosure Form Recommended Action: Approval Submitting Dep i, mAnt/Agency: Convention and Visitors Bureau City Manager: s' 1 AN ORDINANCE TO APPROPRIATE $750,000 FROM THE 2 FUND BALANCE OF THE TOURISM INVESTMENT 3 PROGRAM FUND AND TO AUTHORIZE THE CITY 4 MANAGER TO EXECUTE A SPONSORSHIP AGREEMENT 5 WITH AUDACY VIRGINIA LLC FOR A NEW FALL MUSIC 6 FESTIVAL 7 8 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 9 VIRGINIA: 10 11 1. That the City Manager is hereby authorized to execute a sponsorship 12 agreement between the City and Audacy Virginia LLC, in a form acceptable 13 to the City Manager and approved by the City Attorney. 14 15 2. That $750,000 from the Tourism Investment Program Fund fund balance is 16 hereby appropriated to the FY 2023-24 Operating Budget of the Convention 17 and Visitors Bureau in furtherance of the City sponsorship. 18 19 3. Audacy Virginia LLC shall report to the City Council an assessment of the 20 impact of the event, including overall attendance, and economic impact 21 within 90 days of the event. 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 City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY. _ ,• . , _ . _� Budget and Management Services City Attomey's Office CA16230 R-2 August 3, 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 I APPLICANT DISCLOSURE Organization name: SECTION 2. SERVICES DISCLOSURE Are any of the following services being provided in connection with the applicant? If the answer to any item is YES, please identify the firm or individual providing the service: YE NO SERVICE PROVIDER(use additional shoots If S needed) El � Accounting and/or preparer of your ' tax return Financial Services(include 0 lending/banking institutions and current mortgage holders as applicable) ' ❑ 2 Legal Services Broker/Contractor/Engineer/Other D, d Service Providers . CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true,and accurate. I understand I am responsible for updating the information provided herein if it changes prior to the Council action upon this Application. .g�Ar 4+2-4V-- gy03 aAPPLICANT'S SIGN Tu PRINT NAME a \t1U ro CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate $322,968 from the Virginia Department of Social Services for Social Services Benefits Administration MEETING DATE: August 15, 2023 • Background: Traditionally an individual's Medicaid benefits require an annual assessment to determine continued eligibility. These assessments are conducted throughout the year based on the client's enrollment date. During the COVID-19 pandemic, the annual assessments known as the redetermination process were suspended. The temporary suspension of the Medicaid redetermination process is ending. The Virginia Department of Social Services (VDSS) anticipates a temporary increase in the rate of Medicaid redeterminations required per month to bring the process up to date. This period of increased Medicaid redetermination activity is part of the VDSS Medicaid Unwinding effort. The VDSS is providing additional financial support to localities to meet the anticipated temporary increase in demand for Medicaid redeterminations. • Considerations: Additional funding of $322,968 is provided for overtime and additional staff hours spent in support of the Medicaid redetermination efforts. • Public Information: Normal Council agenda process. • Recommendations: Approve the attached ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Department of Human Services City Manager:AO 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 $322,968 FROM THE VIRGINIA DEPARTMENT OF 3 SOCIAL SERVICES FOR SOCIAL SERVICES 4 BENEFITS ADMINISTRATION 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 $322,968 is hereby accepted from the Virginia Department of Social Services and 10 appropriated, with revenue from the Commonwealth increased accordingly, to the FY 11 2023-24 Operating Budget of the Virginia Beach Human Services Department, for 12 Medicaid redetermination efforts. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2023. Requires the affirmative vote of a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY • Budget and Management Services City Attomey's Office CA16228 R-2 August 2, 2023 Nt41A .. r; it (Zi - 1!: ( tLp CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate $190,000 from the Virginia Beach Department of Public Health to the FY 2023-24 Operating Budget of the Virginia Beach Fire Department and Emergency Medical Services MEETING DATE: August 15, 2023 ■ Background: Utilizing a federal grant received from the Center for Disease Control aimed at reducing health disparities in high-risk and underserved populations, the Virginia Beach Department of Public Health (VBDPH) is proposing to partner with the Virginia Beach Fire (VBFD) and Emergency Medical Services (EMS) Departments to implement a pilot "Aging in Place" (AIP) program. The goal of this program is to support residents reliant on 911 for non-emergent needs related to falls and lift assist. This is a precursor program to a broader Mobile Integrated Health strategy being developed in partnership with EMS, Fire, Police and the Department of Human Services. The objectives of this program are to: • reduce the community's reliance on 911 for non-emergent needs • Provide fall prevention services • Connect clients with wrap-around resources to enable aging in place There were 2057 "911" Calls in 2022 for lift assist with no other injury or medical issue. In order to implement the pilot program, the departments have agreed on the following terms: • VBFD and EMS will request volunteer staff to accompany, on their off-duty days, VBDPH staff members during AIP intake and follow-up home-visits. • VBFD and EMS will work collaboratively with the VBDPH to evaluate and modify the AIP assessment process during the pilot phase. • VBFD and EMS will refer high frequency callers or clients meeting program criteria to the AIP pilot program and ask individuals to sign a release to allow the individual's information to be shared with VBDPH and the AIP pilot program. • VBFD and EMS will request a maximum of four (4) volunteers from staff to be a part of the AIP pilot project. VBDPH will provide necessary training to the VBFD and EMS staff members for the AIP program. • While on home visits for the AIP pilot, should any medical emergency arise, EMS and/or VBFD staff will call 911 but may provide emergency medical services until on-duty resources arrive if medically necessary. • VBDPH will be the facilitator of the AIP program and will maintain all records for AIP participants. • VBDPH will provide compensation for VBEMS and VBFD staff up to a maximum of $190,000 through May 30, 2024, which will be tracked and billed by EMS and VBFD, respectively. • VBDPH will do the evaluation and reporting for the pilot program and share this information with VBFD and EMS. • VBDPH, as program facilitator, will provide the advertising strategy, implementation and communications for AIP program. Any use of the City name, seal or other information shall be approved by the City in writing before use. • Considerations: The Health Department will provide compensation to assigned EMS and VBFD staff at their overtime rate to participate in the Aging in Place pilot program to a maximum of $190,000. Currently it is estimated that each department will each receive 50% of the amount awarded by the Health Department to the City. Additional administrative adjustments may need to be made depending on actual expenditures. These transfers between departments will be reported to the City Council per the FY 2023-24 Operating Budget Ordinance, should they exceed $25,000. Compensation shall be provided for a period of one year ending May 30, 2024, or until funds are exhausted. One-year renewals may be possible should a no-cost extension be granted by the CDC and funds remain available. This funding is provided by the Virginia Beach Department of Public Health through the "Address COVID-19 Health Disparities Among Populations at High-Risk and Underserved" grant awarded to the Health Department, not the City of Virginia Beach. As such, the City is to be treated as a vendor, and not the recipient of the federal award. If successful, the departments may request ongoing funding through future City budget processes, continued support from the federal government, or other grant opportunities. • Public Information: Normal Council agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Virginia Beach Department of Public Health City Manager:Ap 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 $190,000 FROM THE VIRGINIA BEACH 3 DEPARTMENT OF PUBLIC HEALTH TO THE FY 2023- 4 24 OPERATING BUDGET OF THE VIRGINIA BEACH 5 FIRE DEPARTMENT AND EMERGENCY MEDICAL 6 SERVICES 7 8 WHEREAS, the Virginia Beach Department of Public Health was the recipient of 9 the Center for Disease Control's "Address COVID-19 Health Disparities Among 10 Populations at High-Risk and Underserved"grant and has chosen to partner with the City 11 to implement an aging in place pilot program, 12 13 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 14 VIRGINIA, THAT: 15 16 1) $95,000 is hereby accepted and appropriated, with estimated revenues 17 increased accordingly to the FY 2023-24 Operating Budget of the Virginia 18 Beach Fire Department, and 19 20 2) $95,000 is hereby accepted and appropriated, with estimated revenues 21 increased accordingly to the FY 2023-24 Operating Budget of the Department 22 of Emergency Medical Services. 23 Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2023. Requires the affirmative vote of a majority of all members of the City Council. APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY • I. Budget and Management Services City Attorney's Office CA16231 R-1 August 2. 2023 c . [ ri:e"'" ft 15) `�z.4w CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate $59,364 from the Virginia Department of Criminal Justice Services and to Transfer Funds for the Community Corrections and Pretrial Services Programs MEETING DATE: August 15, 2023 • Background: Since FY 1996, the City of Virginia Beach has received Community Corrections and Pretrial grants from the Virginia Department of Criminal Justice Services (DCJS). Authorized by the Virginia Comprehensive Community Corrections Act and Pretrial Services Act, these annual grant awards fund programs operated by the Virginia Beach Community Corrections and Pretrial Services division. The Community Corrections program provides sentencing alternatives to incarceration for individuals who have been convicted of certain misdemeanors or non-violent felonies for which jail sentences would be 12 months or less. These alternatives include community service, home incarceration with or without electronic monitoring, electronic monitoring, and substance use disorder screening, assessment, testing, and treatment. The Pretrial program provides information and investigative services to judicial officers to help judges and magistrates decide if an individual awaiting trial who is charged with certain offenses ought to be held or can be released, subject to supervision. • Considerations: The City has a fiscal year grant for Community Corrections and Pretrial Services. Because this is an annual grant, it is estimated as part of the Operating Budget. Based on the revised amounts from the Commonwealth, an additional state contribution of $59,364 needs to be accepted and appropriated and an additional local match needs to be authorized. With an increased local match of $102,513, the total increase for FY2023-24 will be $161,867. The match requirement will be met by a transfer from the General Fund. • Public Information: Normal Council Agenda process. • Recommendations: Approve the attached ordinance • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Department of Human Services City Manager: 0.61-0 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 $59,364 FROM THE VIRGINIA DEPARTMENT OF 3 CRIMINAL JUSTICE SERVICES AND TO TRANSFER 4 FUNDS FOR THE COMMUNITY CORRECTIONS AND 5 PRETRIAL SERVICES PROGRAMS 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA THAT: 9 10 1. $59,364 is hereby accepted from the Virginia Department of Criminal Justice 11 Services and appropriated, with revenue from the Commonwealth increased 12 accordingly, to the FY 2023-24 Operating Budget of the Department of Human 13 Services for the Community Corrections and Pretrial Services Programs. 14 15 2. $102,513 is hereby transferred from the General Fund to provide the required 16 local match. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2023. Requires the affirmative vote of a majority of all members of the City Council. APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY Budget and Management Services City Attomey's Office CA16229 R-1 July 28, 2023 o Hu ee,� u S CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Transfer $996,254 from CIP Project 100589 "Central Utility Plant Enhancements" to CIP Project 100590 "Courts Building Direct Digital Control" MEETING DATE: August 15, 2023 • Background: As part of the City's American Rescue Plan Act (ARPA) funding allocation, the City Council approved project 100590 "Courts Building Direct Digital Control" in November 2021. City facilities utilize Direct Digital Control (DDC) in their HVAC systems to ensure that they remain efficient. This project replaces and upgrades various components of the court building's DDC systems. The Virginia Beach Courts Building is a City facility that hosts thousands of visitors and staff every year. The building's HVAC system, and thus its temperature, humidity, and fresh air intake settings, are controlled by a DDC system. The current system is obsolete, and the manufacturer no longer provides software updates for the system. Acquisition of a new system is funded through the ARPA allocation. A new system also requires compatible hardware. As a result, this project will also install actuators, fan coil units, flow stations, transducers, fan relays, thermostats, air handling controllers, sensors, and other equipment throughout the facility. On January 17, 2023, the City Council redirected an additional $900,000 from project PG100589 "Central Utility Plant Enhancements" to this project due to increased cost estimates. Since that time, due to additional rising costs, the project requires a transfer of$996,254 to issue a requisition to identify a vendor to perform the work necessary. While some of the cost increase can be attributed to inflationary costs, the primary cost increase is that the project scope was amended to include estimated labor costs as the project cannot be performed during regular court working hours and must be performed 100% after hours, with a project duration estimated to take 4-6 months to complete. • Considerations: Necessary funds will be transferred from CIP Project 100589 "Central Utility Plant Enhancements," which was also funded using ARPA funding. This project addresses previously under or unfunded, unprogrammed HVAC repairs to improve air quality at 17 buildings at the Municipal Center. As a result of the proposed transfer, a portion of that project will be differed for the time being. Without this transfer, the Courts DDC project cannot move forward. • Public Information: Normal Council agenda process. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Department of Public Works City Manager: Pp0 1 AN ORDINANCE TO TRANSFER $996,254 FROM CIP 2 PROJECT 100589 "CENTRAL UTILITY PLANT 3 ENHANCEMENTS" TO CIP PROJECT 100590 "COURTS 4 BUILDING DIRECT DIGITAL CONTROL" 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 $996,254 from CIP Project 100589, "Central Utility Plant Enhancements" is hereby 10 transferred to CIP Project 100590, "Courts Building Direct Digital Control." 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 Management Services City Attorney's Office CA16232 R-2 August 3, 2023 'may k.. CITY OF VIRGINIA BEACH AGENDA ITEM J ITEMS: An Ordinance to Transfer One Position and Associated Funding from Municipal Council to Office of the City Manager to Provide Staff Support for the Independent Citizen Review Board MEETING DATE: August 15, 2023 • Background: In November 2021 , the City Council voted to establish an Independent Citizen Review Board (ICRB). In the FY 2022-23 budget funding was included for a position to support the operations of the ICRB. Due to uncertainty regarding the organizational structure of the position, the position was converted to contracted manpower during Budget Reconciliation. The adopted FY 2023-24 budget realigned that funding to establish 1.0 FTE, a board coordinator, and associated funding in the Municipal Council line of the Operating Budget. On July 22, the ICRB voted to change the title of the FTE from "Board Coordinator" to "ICRB Liaison." The ICRB voted 7-3 to affirm the recommendations of the Citizen Review Panel Task Force that the City Council situate the ICRB Liaison in the City Manager's Office and reporting to the City Manager. • Considerations: This transfer will provide the position authorization, salary, and fringe benefits for the ICRB Liaison to be located within the Office of the City Manager. The position will require a City-provided phone, computer, and office furniture. It is estimated that these items can be absorbed within the City Manager's Operating Budget. Should a transfer from the General Fund Reserve for Contingencies be needed, it will be communicated to the City Council in the monthly transfer report. The ICRB may also need additional funding to hire outside legal counsel. At this time, the cost for such services is not known. Should the ICRB have any additional, ongoing funding needs, these will be included within the FY 2024-25 budget process. • Public Information: Normal Council agenda process. • Recommendations: Approve the attached ordinance. • Attachments: Ordinance Requested by the Independent Citizen Review Board REQUESTED BY THE INDEPENDENT CITIZEN REVIEW BOARD 1 AN ORDINANCE TO TRANSFER ONE POSITION AND 2 ASSOCIATED FUNDING FROM MUNICIPAL COUNCIL TO 3 THE OFFICE OF THE CITY MANAGER TO PROVIDE 4 STAFF SUPPORT FOR THE INDEPENDENT CITIZEN 5 REVIEW BOARD 6 7 WHEREAS, at its July 22, 2023, meeting, the Independent Citizen Review Board 8 (ICRB) voted to change the title of its support position from "Board Coordinator"to"Board 9 Liaison": and 10 11 WHEREAS, also at its July 22, 2023, meeting, the ICRB voted 7-3 to affirm the 12 recommendations of the Citizen Review Panel Task Force that the Board Liaison be 13 organizationally located within the Office of the City Manager 14 15 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 16 VIRGINIA: 17 18 That one full-time equivalent position and $110,416 are hereby transferred from 19 Municipal Council to the Office of the City Manager to provide support for the ICRB. 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: , , . . !I Budget and Management Services City Attorney's Office CA16227 R-2 August 2, 2023 K. PLANNING 1. CITY OF VIRGINIA BEACH for a Street Closure re approximately 20,332 square feet of New York Avenue between South First Colonial Road and Oceana Boulevard DISTRICT 6 RECOMMENDATION: APPROVAL 2. ALEXANDRA PAGE POPE TRUST,DATED OCTOBER 30,2017 for a Change in Nonconformity re modify principal dwelling at 4205 and 4207 Atlantic Avenue DISTRICT 6 RECOMMENDATION: APPROVAL 3. WINNER'S PROPERTIES, LLC for a Modification of Proffers to a Conditional Rezoning and a Modifications of Conditions to a Conditional Use Permit re motor vehicle sales and service at 5200 Virginia Beach Boulevard DISTRICT 4 RECOMMENDATION: APPROVAL 4. FIRST CLASS EVENT RENTALS,LLC /W.E. SAMS PROPERTIES, LLC for a Conditional Use Permit re assembly use at 4020 Bonney Road, Suite 101 DISTRICT 4 RECOMMENDATION: APPROVAL 5. MILESTONE TOWER LIMITED PARTNERSHIP-IV/PAUL S. BROWN FAMILY, LLC for a Conditional Use Permit re communication tower for a portion of a parcel on the East Side of Harpers Road &North of London Bridge Road DISTRICT 5 RECOMMENDATION: APPROVAL 6. BEAU IBROWZ, LLC/WILLIS REALTY GROUP for a Conditional Use Permit re tattoo parlor at 4224 Virginia Beach Boulevard, Suite 104 DISTRICT 8 RECOMMENDATION: APPROVAL 7. ASCENSIONS GROUP, LLC /GEORGE &JOAN GEORGHIOU for a Conditional Use Permit re short term rental at 402 22nd Street DISTRICT 6 RECOMMENDATION: APPROVAL 8. NICHOLAS IULIANO for a Conditional Use Permit re short term rental at 505 20th 1/2 Street DISTRICT 6 (Deferred from July 18, 2023) RECOMMENDATION: APPROVAL APPLICANT REQUESTS DEFERRAL TO SEPTEMBER 19, 2023 9. JAMIE GEORGE for a Conditional Use Permit re short term rental at 507 20th 1/2 Street DISTRICT 6 (Deferred from July 18, 2023) RECOMMENDATION: APPROVAL APPLICANT REQUESTS DEFERRAL TO SEPTEMBER 19, 2023 k'�'1.1 v7, t }11 4 NOTICE OF PUBLIC HEARING A Public Hearing of the Virginia Beach City Council will be held on Tuesday,August 15, 2023 at 6:00 p.m.in the Council Chamber at City Hall,2.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.virginiabeach.gov,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: )jjtos://vbenv webex cnm/weblink/reaiVer/ret190669a64a75bc2866a56652eecf C.Zl 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m.on August 15,2023. The following requests are scheduled to be heard: City of Virginia Beach (Applicant)Street Closure Address: Portion of New York Avenue between S First Colonial Road & Oceana Boulevard Adjacent GPIN(s): 2407841479, 2407842571,2407843468,2407844543,2407845500,2407845543,2407845498, 2407845609.2407844644,2407843689,2407843731,2407842602 City Council: District 6 Alexandra Page Pope, Trustee of the Alexandra Pope Trust, dated October 30, 2017 (Applicant& Property Owner) Change in Nonconformity(Modification to the Principal Dwelling)Addresses:4205&4207 Atlantic Avenue GPIN(s):2418963455 City Council: District 6 Winner's Properties,LLC(Applicant&Property Owner)Modification of Proffers(to 2015 CRZ)Modification of Conditions(Motor Vehicle Sales&Service)Address:5200 Virginia Beach Boulevard Adjacent GPIN(s):1467760828 City Council:District 4 First Class Event Rentals,LLC(Applicant)W.E.Sams Properties,LLC(Property Owner) Conditional Use Permit(Assembly Use)Address:4020 Bonney Road,Suite 101 GPIN(s): 1487038750 City Council:District 4 Milestone Tower Limited Partnership-IV,a Delaware limited partnership(d/b/a Milestone Towers)(Applicant)Paul S.Brown Family,LLC(Property Owner)Conditional Use Permit (Communication Tower)Address:Portion of parcel on the east side of Harpers Road&north of London Bridge Road GPIN(s):2405332394 City Council:District 5 Beau iBrowz,LLC(Applicant)Willis Realty Corporation(Property Owner)Conditional Use Permit (Tattoo Parlor) Address: 4224 Virginia Beach Boulevard, Suite 104 GPIN(s): 1477953769 City Council:District 8 Ascensions Group,LLC(Applicant)George&Joan Georghiou(Property Owners)Conditional Use Permit(Short Term Rental)Address:402 22nd Street GPIN(s):2427085505 City Council:District 6 Nicholas Juliano(Applicant&Property Owner)Conditional Use Permit(Short Term Rental) Address:505 20th 2/2 Street GPIN(s):24270709520002 City Council:District 6 Jamie George(Applicant&Property Owner)Conditional Use Permit(Short Term Rental) Address:507 20th1 Street GPIN(s):24270709130002 City Council:District 6 Copies of the proposed plans,ordinances,amendments and/or resolutions are on file and may be examined by appointment in the Planning Department at 2875 Sabre St,Suite 500,Virginia Beach,VA 23452 or online at www.virginabeach.gov/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 https://clerk.virginiabeach.gov/city-council for the most updated meeting information. All interested parties are invited to participate. Amanda Barnes,MMC City Clerk PILOT-AUGUST 1,2023&AUGUST 8,2023-1 TIME EACH Location Map II / .\, �=\ \`-�B --� v R5D ' ' I LR-51) - - - L I E- - - , , , % --N , v = , c 1,____,Nc , - -,� ,peg ,c, K R5D H . , 'a ‘ °''Sa NN L: ,o ' B2 R5D R` 9 RD �5 •x ., x-7 ri B2 _ N. it , ' V "AfrAWASMez ;-1641# o R5Q ir L JO BZ i -:- !R5D o -/NAS -1 t C 1 , ,, iEl' � R5D iir" , N %�� Site u.. ' Property Polygons City of Virginia Beach Q i. Zoning Portion of New York Avenue between S First Colonial Road & 5 Building Oceana Boulevard Feet 0 20 40 80 120 160 200 240 iP-0'Nu H tl, yi) Li CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Ordinance Approving the Application of the City of Virginia Beach for the Closure of Approximately 20,332 Square Feet of New York Avenue Between S. First Colonial Road and Oceana Boulevard MEETING DATE: August 15, 2023 • Background: The City of Virginia Beach (the "Applicant") has requested the closure of approximately 20,332 square feet of New York Avenue ("Right-of-Way") between S. First Colonial Road and Oceana Boulevard for the purpose of consolidating the adjacent city-owned properties into a single parcel to build a constructed wetland as part of the Flood Protection Program. While the Applicant owns a majority of the parcels in the vicinity, 1660 Southern Boulevard and 105 Louisa Avenue are privately owned lots currently developed with single-family dwellings. The Applicant will install a 10-foot-wide landscape buffer to screen the wetland area from the existing residential lots. • Considerations: Consistent with other street closure requests, the Applicant will submit a resubdivision plat to the Department of Planning & Community Development to vacate the interior property lines to consolidate the lots and closed Right-of-Way into a single parcel for the proposed constructed wetland. The Viewers determined that the closure of the Right-of Way, with conditions set forth below, will not result in any public inconvenience. There was no opposition to the request. The Staff Report incorrectly reported that a super majority vote of City Council will be required to approve the street closure. However, upon legal review, it was concluded that a super majority vote is not required because the City is changing the use of its property from one public use to another and there is no sale of public property (Attorney General Opinion 04-004). • Recommendation: On July 12, 2023, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 10-0. 1. The City Attorney's Office shall make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Department of Planning & Community Development. However, no purchase price shall be charged in this street City of Virginia Beach Page 2 of 2 closure because the City is both the owner of the underlying fee and the Applicant seeking the closure. 2. The Applicant shall resubdivide the property to incorporate the closed area and vacate all internal lot lines into a single parcel. The resubdivision plat must be submitted and approved for recordation prior to the final street closure approval. 3. The Applicant shall verify that no private utilities exist within the right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company shall be provided. 4. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved for recordation within one year of the City Council vote to close the rights-of-way this approval shall be considered null and void, unless an extension is granted by City Council. • Attachments: Ordinance (w/ Exhibit A) Staff Report Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: f° , 1 ORDINANCE APPROVING THE APPLICATION OF 2 THE CITY OF VIRGINIA BEACH FOR THE 3 CLOSURE OF APPROXIMATELY 20,332 SQUARE 4 FEET OF NEW YORK AVENUE BETWEEN S. 5 FIRST COLONIAL ROAD AND OCEANA 6 BOULEVARD 7 8 WHEREAS, the City of Virginia Beach (the "Applicant") applied to the Council of 9 the City of Virginia Beach, Virginia, to have the hereinafter described portion of. an 10 improved right-of-way discontinued, closed, and vacated; and 11 12 WHEREAS, it is the judgment of the Council that said portion of right-of-way be 13 discontinued, closed, and vacated, subject to certain conditions having been met on or 14 before one (1) year from City Council's adoption of this Ordinance. 15 16 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 17 Beach, Virginia: 18 19 SECTION 20 21 That the hereinafter described portion of an improved right-of-way (the "Right-of- 22 Way") be discontinued, closed and vacated, subject to certain conditions being met on 23 or before one (1) year from City Council's adoption of this ordinance: 24 25 ALL THAT certain piece or parcel of land situate, lying and 26 being in the City of Virginia Beach, Virginia, designated and 27 described as "PORTION OF NEW YORK AVENUE TO BE 28 CLOSED AREA = 20,332 SQ. FT. OR 0.467 ACRES", and 29 shown as the shaded area on that certain street closure 30 exhibit entitled: "EXHIBIT SHOWING PORTION OF NEW 31 YORK AVENUE (FORMERLY B STREET) TO BE CLOSED 32 BY CITY OF VIRGINIA BEACH VIRGINIA BEACH, 33 VIRGINIA", Scale: 1" 25', dated January 19, 2023, 34 prepared by Precision Measurements, Inc., a copy of which 35 is attached hereto as Exhibit A. 36 37 SECTION II 38 39 The following conditions must be met on or before one (1) year from City 40 Council's adoption of this ordinance: 41 42 1. The City Attorney's Office will make the final determination regarding 43 ownership of the underlying fee. The purchase price to be paid to the City shall be 44 determined according to the "Policy Regarding Purchase of City's Interest in Streets 45 Pursuant to Street Closures," approved by City Council. However, no purchase price No GPIN assigned (City Right-of-Way) Adjacent GPINs: 2407-84-1479, 2407-84-2571, 2407-84-3468, 2407-84-4543, 2407-84- 5500, 2407-84-5543, 2407-84-5498, 2407-84-5609, 2407-84-3689, 2407-84-4644, 2407-84-3731, 2407-84-2602 46 shall be charged because the City is both the owner of the underlying fee and the 47 Applicant seeking the closure. 48 49 2. The Applicant shall resubdivide the property and vacate the internal lot 50 lines to incorporate the Right-of-Way into the adjoining lot. The Resubdivision plat must 51 be submitted and approved for recordation prior to the final street closure approval. 52 53 3. The Applicant shall verify that no private utilities exist within the Right-of- 54 Way proposed for closure. If private utilities do exist, easements satisfactory to the utility 55 company must be provided. 56 57 4. Closure of the Right-of-Way shall be contingent upon compliance with the 58 above-stated conditions within 365 days of approval by City Council. If the conditions 59 noted above are not accomplished and the final plat is not approved for recordation 60 within one (1) year of City Council approval, said approval shall be considered null and 61 void. 62 63 SECTION III 64 65 1 . If the preceding conditions are not fulfilled on or before August 14, 2024, 66 this Ordinance will be deemed null and void without further action by the City Council. 67 68 2. If all conditions are met on or before August 14, 2024, the date of final 69 closure is the date the street closure ordinance is recorded by the City Attorney. 70 71 3. In the event the City of Virginia Beach has any interest in the underlying 72 fee, the City Manager or his designee is authorized to execute whatever documents, if 73 any, that may be requested to convey such interest, provided said documents are 74 approved by the City Attorney's Office. 75 76 SECTION IV 77 78 A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit 79 Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF 80 VIRGINIA BEACH (as "Grantor" and "Grantee"). 81 82 Adopted by the Council of the City of Virginia Beach, Virginia, on this day 83 of , 2023. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: -1 r' • Planning Department City Attorney CA16041 1\vbgov.corn\dfs 1\applications\citylaw\cycom321wpdocs\d026\p043\00901397.docR-1 August 2, 2023 Rp. �` . MONUMENT LEGEND .01 LASK/N . Na t ^ . •Elal� �- PIN(F) IRON PIN FOUND (UNLESS OTHERWISE NOTED) Z ,ST _____„---p,,,r ATE or : HA TCHLEGEND 1:4- -1 //i G/N/.1;EACH LDENOTES PORTION. OF NEW YORK 8 — • • • • • • •. • • AVENUE TO BE CLOSED la e" L . ITE r eti. : tyTx op p NAS tit_ OCEANA m n J ,Z o . Lb IVAN R. INEBERRY--PO Lic. No. 003230 Lot 862.3 ' '' 174. LOCA 7TONMAP SCALE'Ill-2000 s U R-‘1 EXHIBIT SHOWING PORTION OF NEW YORK AVENUE (FORMERLY B STREET) TO BE CLOSED NOTES: BY 1. THIS EXHIBIT IS BASED ON VIRGINIA STATE PLANE COORDINATE CITY OF VIRGINIA BEACH SYSTEM, SOUTH ZONE, NAD 1983/1993 (HARK). COORDINATE VALUES VIRGINIA BEACH, VIRGINIA SHOWN ARE EXPRESSED IN U.S. SURVEY FEET. THE CITY OF SCALE: 1" = 25' DATE: JANUARY 19, 2023 VIRGINIA BEACH CONTROL REFERENCE POINT USED TO ESTABLISH THE COORDINATE VALUES SHOWN HEREON IS STATION NORFOLK EAST PRECISION MEASUREMENTS, INC. BASE (1931-1953).. WWW.PRECISIONMEASUREMENTS.COM 2. PROPERTY LINE AND RIGHT-OF-WAY INFORMATION IS BASED ON SURVEYORS • UAS • HYDROGRAPHIC PLATS AND DEEDS OF RECORD AND ACTUAL FIELD MEASUREMENTS. 770 L YNNHA VEN PARKWAY, SUITE 240 VIRGINIA BEACH, VIRGINIA 23452 3. THIS EXHIBIT IS INTENDED FOR ROAD CLOSURE PURPOSES ONLY (757) 368-0945 AND DOES NOT CONSTITUTE A BOUNDARY SURVEY OR SUBDIVISION 0 25 50 75 100 FEET OF LAND. o GRAPHIC SCALE 4. RIGHT-OF-WAY TO BE CLOSED BY CITY COUNCIL. SHEET 1 OF 3 NOW & FORMERLY H 0 CITY OF VIRGINIA BEACH. - h GPIN 2407-84-3731 o ,° p INST. #20080620000732830 o ��-� M.B. 2, PG. 52 w '' QI 'Z WEST 25' OF LOT 5 • o IVAN R. LINEBERRY ►�+ o ; Lic. No. 003230 o 4 Q 2 i <' 6i e(�z3c NOW & FORMERLY Q W N .b CITY OF VIRGINIA BEACH C.) S U R� GPIN 2407-84-2602I a �? INST. #2008093000 1 1 4 7030 ►� INST. # 20080912001081510(PLA T) ki Q , 604.724 ILL- 1 h U? `�' N=3,474,' E=12,208,127.635 I W cri N I PIN in CONC.(F). .. ..•. •.•EXISTING R/W•. •. • •. .N 89'32'48" E 312.67' W • . •• • NEW YORK A VENUE � n W ,:. 0, POR7TON OF NEW YORK AVENUE TO BE 0005EO . (FORMERLY B STREET) N z :� AREA = 20,332 SQ. 'FT. OR 0.47 ACRES- - VARIABLE WIDTH R/W • • - W Q o (M.B. 2, PG. 52) (M.B. 273, PGS 28 & 29) •- � • � � (INST. #20081001001153070) (INST #20081001001153080).• • - . a N • • • • • - S 89'32'48" W •464.34' -. 'EXISTING R/W .•. 1.4.-.1.. t.k. \SZ CoZ ?g I ' , oQ `.1 14.1 NOW & FORMERLY II NOW & FORMERLY NOW & FORMERLY CITY OF VIRGIN/A BEACH CITY W CITY OF VIRGINIA BEACH Y OF VIRGINIA BEACH GPIN 2407-84-3468 Q GPIN 2407-84-1479 GPIN 2407-84-2571 INST./ 20091001001154720 ' INST. # 20081020001218570 1 INST. # 20080714000828600 M.B. 2, PG. 52 z z M.B. 2, PG. 52 M.B. 2, PG. 52 LOT 17 & OF LOT 18 c LOT 13 & 14 LOT 15 & 16 1 SHEET 2 OF 3 NOW & FORMERLY \ A--------NK‘' �s� CITY OF VIRGINIA BEACH tic GPIN 2407-84-5609 NIT ply, NOW & FORMERLY I N' 40,p,L ,o�\�%�y D.B. 4053, PG. 223 �f� CITY OF VIRGINIA BEACH �o qcF.<3"/ INST. # 20081001001153080(PL4T) 6 1.' GPIN 2407-84-3689 6>o <`q REMAINDER OF LOT 8 ' ,i1W01, S INST. #20080620000732830 s ��o L. NAN R.LINEBERRY "1 INST #20140616000533330(PLAT) \>��' PUBLIC DRAINAGE EASEMENT v Lic. No. 003230 EAST 25' OF LOT 5 & NOW & FORMERLY ,��J (INST.#20081001001153080) I to I 8��z3 REMAINDER OF LOT 6 CITY OF VIRGINIA BEACH N=3,474,654.401 -7 .jj �"�� GPIN 2407-84-4644 r. ' 'U R� • E=12,208,480.129 �; D.B. 4016, PG. 1372 0 INST. #20081001001153070(PLAT) .' ••'.•.• ••. .••••••.'•• .-.• (moo Gam,, ti a REMAINDER OF LOT 7 . ' • •.'••• •.'••• •.'••• • • •.• o • 1 L s ST :Ni N> d?, � h PORT/ON� YORKAVENUE TO BE CLOSED ' •• .s'� , -7o��os`��,��,� z w PO ON Of NEW �0- oe oo . >>� �� R- •w • • • •••.AREA = 20,332 SQ. FT OR 0.467 ACRES •••. �. �oo�o o�s� 4 0 Up • . ...-.. • ...'.• N 89'32'48" E. 312.6. 12.6.7'••.••' •••• ' • • •• •'•' •.' ' • • • .'•••• •'.'•• ••.'•• ••.'. ••''• •••'.•• ••'•••• •'.' ' • . . z,�� >>s`1o�J N�o z • NEW YORK AVENUE . • . • . • v- �e J c_ E5 W .' (FORMERLY B STREET) Q VARIABLE WIDTH R/W i- W • (M.B. 2, PG. 52) (M.B. 273, PGS. 28 & 29) • z ••••.• ••••.'•••••.'•••••.'•••••.••• •• .••••••.••••••.'.• ••.'(INST #20081001001153070) (INST #2008100100.1153080).'. • .'.•• •.•. •••• • • •. • ••.' • •. • = •.'.• ••••.• ••••.• • ••• S 89'32'48" W 464.34'•.••••••.• ••••. ••••. ••••.• ••• • ••. •••.• ••••.• • ••. ••.• • ••.• • ••.• • •' ••• •• ••• • •• • ` • • • ' • • • • • • • • -- NOW & FORMERLY NOW & FORMERLY CITY OF VIRGINIA BEACH NOW & FORMERLY CITY OF VIRGINIA BEACH : Q„ 1„ GPIN 2407-84-4543 CITY OF VIRGINIA BEACH GPIN 2407-84-5543 INST. # 20091001001154720 GPIN 2407-84-5500 INST # 201101040000119601 o M.B. 2, PG. 52 INST # 20100223000172320 i M.B. 2, PG. 52 I OF LOT 18 84.19 M.B. 2, PG. 52 LOT 21 I Jcri PART OF LOT 20 co�-- CURVE TABLE NOW & FORMERLY a_ z CITY OF VIRGINIA BEACH o CURVE RADIUS ARC LENGTH CHORD LENGTH CHORD BEARING DELTA ANGLE TANGENT GPIN 2407-84-5498 N W C 1 45.00' 39.93' _38.63' _N 22'14'06" E 50'50'07" 21.38' INST. # 20110104000011960 (8 1 C2 45.00' 28.15' 27.69' N 65'35'11" E 3550'28" 14.55' M.B. 2, PG. 52 _ LOT 22 SHEET 3 OF 3 Applicant & Property Owner City of Virginia Beach Agenda Item Planning Commission Public Hearing July 12, 2023 City Council District 6 City of 7 Virginia Beach Request Street Closure Staff Recommendation 1 �� Approval ° T t` Staff Planner i, Michaels McKinney I _.-1OMIA-BEACH BLVD Location - GARDEN 111.111111111 Portion of New York Avenue between S. First " Ill Colonial Road &Oceana Boulevard 1111'001.1 OP= Adjacent GPIN(s) _ 9,ti, 2407841479,2407842571, 2407843468, - o o IIINF 2407844543,2407845500, 2407845543, h 2407845498, 2407845609, 2407844644, �RSao 2407843689, 2407843731, 2407842602 h Site Size 21,072 20,332 square feet o AICUZ Greater than 75 dB DNL;APZ-1;Clear Zone Watershed Chesapeake Bay Om Existing Land Use and Zoning District _ .- 4 l Improved public right-of-way `� ° �* Surrounding Land Uses and Zoning Districts e t a North Fvt'e<` ' A" Undeveloped lots/B-2 Community Business ':;. ° South t P" Undeveloped lots/B-2 Community Business, R-5D o , 01 ' ' �\h -, ; NEW yo NN AVE i Residential ° i • — ' 2 East }. Oceana Boulevard �+ � . Undeveloped lots/R-5D Residential :," 7 =" ' •West i • ! a S. First Colonial Road -- " Retail, auto repair, bulk storage /B-2 — a°+ Community Businessjoi. City of Virginia Beach Agenda Item 7 Page 1 Background & Summary of Proposal • The applicant, City of Virginia Beach, is requesting to close a portion of New York Avenue, west of Oceana Boulevard and east of South First Colonial Road.As shown on the submitted street closure exhibit,the proposed area for closure is an approximate 21,072 20.332-square-foot portion of New York Avenue. • The applicant is the owner of all parcels adjacent to the area proposed for closure. • The public right-of-way and the surrounding lots will be utilized as part of the Flood Protection Program,the land will be improved with a new construction wetland and Best Management Practice (BMP) • The applicant intends to vacate all interior lot lines for the city-owned parcels in order to consolidate the parcels into one and create the proposed constructed wetland. • While the applicant owns a majority of parcels in the vicinity of the proposed street closure, 1660 Southern Boulevard and 105 Louisa Avenue remain privately owned and are currently developed with single-family dwellings. The applicant will install a 10-foot-wide landscape buffer to screen the wetland area from the existing residential lots as part of the improvement to this area. IL; 11 — R50 h B2BQ. B2 n O \1 Zoning History # Request 1 CUP(Bulk Storage Yard and Auto Repair Garage) Approved 08/13/2013 • r-- 1 � I� Application Types CUP—Conditional Use Permit MDC—Modification of Conditions STC—Street Closure SVR—Subdivision Variance REZ—Rezoning MDP—Modification of Proffers FVR—Floodplain Variance LUP—Land Use Plan CRZ—Conditional Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental Evaluation & Recommendation As required by City Code, a Viewers' Meeting was held on May 24,2023,that included City Staff from the Departments of Public Works, Public Utilities, Planning&Community Development, and the Office of the City Attorney,to consider this request.The Viewers determined that the proposed closure will not result in any public inconvenience;therefore, closure of this portion of the right-of-way is deemed acceptable.Staff also determined that neither a public drainage easement nor a public utilities easement would be required for this proposed closure. As this portion of the right-of-way is improved, a super majority vote from City Council will be required to approve the closure. Consistent with other Street Closure requests,the applicant will submit a resubdivision plat to the Department of Planning&Community Development to vacate the interior property lines to consolidate the lots for the proposed City of Virginia Beach Agenda Item 7 Page 2 wetland and BMP.As noted in Condition 1, because the applicant is both the City and the owner of the underlying fee, no purchase price will be charged in this Street Closure request. Based on the considerations above, Staff recommends approval of the proposed Street Closure subject to the conditions listed below. Recommended Conditions 1. The City Attorney's Office shall make the final determination regarding ownership of the underlying fee.The purchase price to be paid to the City shall be determined according to the"Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Department of Planning&Community Development. However, no purchase price shall be charged in this street closure because the City is both the owner of the underlying fee and the Applicant seeking the closure. 2. The applicant shall resubdivide the property to incorporate the closed area and vacate all internal lot lines into a single parcel.The resubdivision plat must be submitted and approved for recordation prior to the final street closure approval. 3. The applicant shall verify that no private utilities exist within the right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company shall be provided. 4. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved for recordation within one year of the City Council vote to close the rights-of-way this approval shall be considered null and void, unless an extension is granted by City Council. 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. Natural & Cultural Resources Impacts The site is located in the Chesapeake Bay Watershed.There are no natural or cultural resources on this site. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on June 12, 2023. • As required by State Code,this item was advertised in the Virginian-Pilot on Wednesdays,June 28, 2023 and July 5, 2023. City of Virginia Beach Agenda Item 7 Page 3 • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on June 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.virginiabeach.gov/planning on July 6, 2023. City Council • As required by City Code,this item was advertised in the Virginian-Pilot on Tuesdays,August 1, 2023 and August 8, 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 July 31, 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 August 11, 2023. City of Virginia Beach Agenda Item 7 Page 4 VI r t. —I fD fD rt. n O in voltN FIv. _• ,y,. MONUMENT LEGEND , ,.2.!, w b --o-- PIN(f) IRON PIN FOUND (UNLESS OTHERWISE NOILU) X ��; i - HArcHLESEND II . ■ 4 .' „ _ DENOTES PORTION OF NEW YORK �_, • - • - AVENUE TO BE CLOSED :' 1TE P`, Oil o f r � m ,-. IVA.S • `r 0 OCE4IKA ml] o 'l � — Z t v IVAN R INEBERRYUc_ No. 003230 \)iNON/2� • ''' (.1 a 12.2. ,4- LOCARONMAP SCALE'1�2&VO' SUR`�� EXHIBIT SHOWING PORTION OF NEW YORK NOTES: AVENUE (FORMERLY B STREET) TO BE CLOSED BY 1. THIS EXHIBIT IS BASED ON VIRGINIA STATE PLANE COORDINATE CITY OF VIRGINIA BEACH SYSTEM, SOUTH ZONE, NAB 1983/1993 (HARN). COORDINATE VALUES VIRGINIA BEACH, VIRGINIA SHOWN ARE EXPRESSED IN U.S SURVEY FEET. THE CITY OF SCALE: 1" = 25' DATE JANUARY 19, 2023 VIRGINIA BEACH CONTROL REFERENCE POINT USED TO ESTABLISH THE COORDINATE VALUES SHOWN HEREON IS STATION NORFOLK EAST PRECISION MEASUREMENTS, INC. BASE (1931-1953). WWW.PRECISIONMEASUREMENTS.COM 2. PROPERTY LINE AND RIGHT—OF—WAY INFORMATION IS BASED ON SURVEYORS • UAS HYDROGRAPHIC PLATS AND DEEDS OF RECORD AND ACTUAL FIELD MEASUREMENTS. 770 LYNNHAVEN PARKWAY, SUITE 240 VIRGINIA BEACH, VIRGINIA 23452 3. THIS EXHIBIT IS INTENDED FOR ROAD CLOSURE PURPOSES ONLY (757) 368-0945 AND DOES NOT CONSTITUTE A BOUNDARY SURVEY OR SUBDMSION 0 25 50 75 100 FEET P; OF LAND. ....... D o 4. RIGHT—OF—WAY TO BE CLOSED BY CITY COUNCIL. GRAPHIC SCALE o� G SHEET 1 OF 3 • CD R ao a_ 5 y„. cp craa — rD (D B °' cn ".I = (F) r•f -% fD fD r•F n co I I E in co h - - NOW& FORMERLY fD c, l?I TH OF CITY OF VIRGINIA BEACH m O-� ��. GPIN 2407-84-3731 X 4 ..- =- -ivo INST. #20080620000732830 ? a • ar M.B. 2, PG. 52 iii k k h u IVAN R.LINEBERRY a WEST 25' OF LOT 5 Pi } y Xc a Lic. No. 003230 I ,-4 g. = y�L+'i 2t'D p� NOW & FORMERLY C.:) Ie CITY OF VIRGINIA BEACH Lj v U R GPIN 2407-84-2602 om (-.:2,? INST. #20080930001147030 o INST. #20080912001081510(PL4T) �'r.l y N=3,474,604.724 E, ~ E=12,208,127.635 W m o°' x PIN in CONC.(F).- . ••".-.•••'.•. •. EXISTING R/VS!••.•••.--- •-'.••N 89'32'48.E 312.67'- ' '-'.•.•• '• '. '. '.•. -.- .• C/l -•PORrro�vofnr •�.YO•RK�v�•wE r•oeF• ciosEo�• �•" NEW YORK AVENUE . w z zit': 1..... • . . • - (FORMERLY B STREET) ' = AREA = 20,3.32 SQ. FT. OR 0.467 ACRES-'. .-, VARIABLE WIDTH R/W 52 o� o (M.B. 2, PG. 52) (M.B. 273, PGS 28 & 29) .• a to 2 '. •-'-•. ••-. - • .•- -•'.• ".•. • • •1' --..•- ••. (INST. #20081001001153070) (INST. #20081001001153080). •.'.•••'. • • _ • - •• - • - •• • • • . .S 89'32'48'W 464..34'' EXISTING R/W • • v 0,3 -4 - . . ill E.-, Et 'd NOW & FORMERLY NOW & FORMERLY NOW & FORMERLY CITY OF VIRGINIA BEACH R W CITY OF VIRGINIA BEACH CITY OF VIRGINIA BEACH GPIN 2407-84-3468 GPIN 2407-84-1479 GPIN 2407-84-2571 INST. #20091001001154720 t INST. #20081020001218570 INST. # 20080714000828600 M.B. 2, PG. 52 a M.B. 2, PG. 52 M.B. 2, PG. 52 , n s LOT 13 & 14 LOT 15 & 16 LOT 17 & i OF LOT 18 o I < D SHEET 2 OF 3 w rya Q_ 5 0) E.V � v fD W rD B o' n Cr) v = H CD CD f-F n O NOW & FORMERLY N s�'�c CITY OF GP/N 2407-84 5609BEACH ALTH OF CD NOW & FORMERLY • \\ `''`s''pq, ,o D.B.'F'iLy 4053, PG. 223 ' 1-- m CITY OF VIRGIN/A BEACH ,,'po'9cF 6��c INST. /1 20081001001153080(PLAT) '0_ — �0 X GPIN 2407-84-3689 `'�7oo ys, REMAINDER OF LOT 8 ' ; z • INST. /20080620000732830 �o F�F • IVAN R.LINEBERRY '-' a INST #20140616000533330(PLAT) �,� '2 PUBLIC DRAINAGE EASEMENT Lie. No. 003230 EAST 25' OF LOT 5 & NOW & FORMERLY`s�o-e 1 y41111...-- (INST./20081001001153080) 6t� REMAINDER OF LOT 6 CITY OF VIRGINIA BEACH _ N=3,474,654.401 <7''' 1 2.3 45) GPIN 2407-84-4644 E=12,208, LT RN S RN I D.B. 4016, PG. 1372 • INST. REMAINDERO01 OFI L0070(PLAT) � f�o� GCy� ti--� w .. POR]IONOFNEWYORKAYENUETO8EGLOSED .`s';�• � -o s�oG`s' ;` `.ep o c) -.AREA = 20,332 S4. FT. OR 0.467 ACRES--••.•-•.•.- . '�,• 'oo�00�c 43 g o " N 89'32'48-E 312.67'' •". o'�s�>J `� 'NEW YOLK AVENUE • -�- �o�J �� Q r6 (FORMERLY B STREET) VARIABLE WIDTH R/W (M.B. 2, PG. 52) (M.B. 273, PGS. 28 & 29) s z Z ••• ••••• •. -. -"••. •. • • •. ".(INST. #20081001001153070) (INST. 120081001001153080). •.- ...•• •- .. ". • S 89'32'48' W 464..34' - NOW & FORMERLY NOW& FORMERLY CITY OF VIRGINIA BEACH NOW & FORMERLY ,---CITY OF VIRGIN/A BEACH cB(3 GPIN 2407-84-4543 CITY OF VIRGINIA BEACH GPIN 2407-84-5543 z INST. # 20091001001154720 GPIN 2407-84-5500 INST # 20110104000011960 sr�, M.B. 2, PG. 52 INST. # 20100223000172320: M.B. 2, PG. 52 q OF LOT 18 &19 I M.B. 2, PG. 52 LOT 21 m CURVE TABLE PART OF LOT 20 I NOW& FORMERLY o. CITY OF VIRGINIA BEACH o CURVE RADIUS ARC LENGTH CHORD LENGTH CHORD BEARING DELTA ANGLE TANGENT GPIN 2407-84-5498 N'---6 n Cl 45.00' 39.93` 38.63` N 22'14'06" E 50'50`O7" 21.38' INST. #20110104000011960 ,�! <- C2 45.00' 28.15' 27.69' N 65'35'11" E 35 50 28a 14.55' M.B. 2, PG. 52 ".__"I -1 - LOT 22 D C SHEET 3 OF 3 a) 07cl Q. 5 a) a3. .D h W uo CD CD (D 3 a; 4 = '' 0 0 rD a- n O n n fD -13 t I . 13 Ca A \ ,I I)(---,L-;,,,-., . - !0 :(., s‘ •.. . F1 1,-.1, . .,:11:,,I,I`>1 ``.N.,,.,i 3 is :N;4;:: \ • \— `..� SIB 1'�' / '/ ' \ N a — �%11i . Jam_ t ,tl ti it :, / -/ � ''' ^in I I � ji '!.I ' I � -, 41 1.�ii'' — si P 1 W 119 0,,j-s_'"__'tr-'''iW:,__4 .',\_ ‘,_ SI :'f1.1..Ci,-,i, _- ----:-..-t.,/''-'s,-*1* .. ia n SITE PLAN ~wnw..� F fGUE•.nf e 5.1.1.101 �'.�.NIFPYtII CRY OF NRGMIA BEACH ....` MAY2#! ,4 -mum tor �DCR Haze STORM WATER ENGINEERING '"� 31140 x x, Mt CONCEPTUAL PLAN mexx f 1 (WY!.. ,r.e COr.slwcTIOw �--` �,,�,�w„y FIRST COLONIAL RO •�* t rwv,cn sort we AND OCEANA BLVD (� ! �,4 R,�1pe• "A"Y;._. - ''`sp1W1 M t"^ CONSTRUCTED WETLANDS Cl -G 0 D CO rD t. Q =. aI E. v W rD rD CIO 3 cu T n CO = Site Photos . . ...‘,. , ....14,1 , ,:t.,,..v.i„. ,,,,.., ..., --..:-..:-, ' t'''..;-' 21,1 jti. J ti 4 :ems f a. �� f _'i4 f €: -;AP 4-'''• 4,-'',. .,ite• - - . ' iiiraisikl.'. • l• -♦. . 0V). . { .L r 'J�1 T w ` . F � , .., y , s•{nq° i .ram i. - } it } dam' .�.` :f k -o"^"'x 5 'Y r . l p . .fit 3f:. .+ h�♦ -.leftft. ", � J it �•• z!� v7``,r,t^'.2,,5 4N- , n t:a a +" �k.'-. . r -fir .. _ City of Virginia Beach Agenda Item 7 Page 9 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. City of Virginia Beach Agenda Item 7 Page 10 Virginia Beach Planning Commission July 12, 2023, Public Meeting Agenda Item # 7 City of Virginia Beach RECOMMENDED FOR APPROVAL—CONSENT Mr. Horsley: Thank you, ma'am. The next item is item number seven, City of Virginia Beach Street Closures. Who from the city is going to? Mr. Bodnar: Good afternoon Planning Commission. My name is C. J. Bodnar. I'm the technical services program manager for Virginia Beach's public works stormwater engineering center. I have no issue with the staff report and thank you for putting us on the consent agenda. Mr. Horsley: Thank you sir. Is there any opposition to this street closures. Seeing none, we've asked Mr. Clemons if he'd read this into the record. Mr. Clemons:Thank you. The applicant, City of Virginia Beach is requesting to close a portion of New York Avenue, west of Oceana Boulevard and east of South First Colonial Road. The proposed area for closure is an approximate 21,072 square foot portion of New York Avenue. The applicant is the owner of all parcels adjacent to the area proposed for closure. The public right of way and the surrounding lots will be utilized as part of the flood protection program. The land will be improved with a new construction wetland and best management practice. The applicant intends to vacate all interior lot lines for the city owned parcels in order to consolidate the parcels into one and create the proposed constructed wetland. Based on the considerations above and the conditions, staff recommended approval. And based on that information and no opposition, the commission placed this one on the consent agenda. Mr. Horsley: That concludes the consent agenda today and at this time I'll make a motion that we approve item number one, Milestone Tower LLC, item number two and three, Winners Properties, LLC, item number four Alexander Page Polk Trustee for the Alexander Page Polk Trust, number five, First Class Events Rentals. Number six Bow Eyebrow LLC, number seven City of Virginia Beach, number 10 Ascension's Group LLC, number eleven and number twelve, Porpoise LLC. Mr. Alcaraz: All right, thank you. Do I have a second for the motion for these consent agendas? Mr. Clemons:Second. Mr. Alcaraz: Second by Mr. Clemons? Thank you. Madam Clerk: The vote is now open. By a vote of 10 to 0, items 1, 2, 3, 4, 5, 6, 7, 10, 11, and 12 have been recommended for approval. AYE 10 NAY 0 ABS 0 ABSENT 0 Alcaraz AYE Anderson AYE Byler AYE Clemons AYE Coston AYE Cuellar AYE Estaris AYE Horsley AYE Parks AYE Plumlee AYE \ 43rd Wee = ) \ ... „ V.,____ \ \ yi y = R �� ` �t r SI .5 , ‘i , , . /- , __ -' -------...,/ 43f , t 1 `y IP R7.5 \. ¢ t ,� `,� t \ ,c3,, �� yy yt ~''4 1 --------\ \,,,,, �y ♦ 0ti •,,� � y y , R7.5 \ 1\ . t • � ►� $ fie - tl _____4uTd______.ti -\_,----- e. \ . , C c: -,\, i \ , \ \R7.5 ., \----c________ _..., rr R7.5 ,.. r 4 Site Alexandra Page Pope, Trustee of the Alexandra Pope Trust, dated ,;.- , Property Polygons \1 October 30, 2017 Zoning 4205 & 4207 Atlantic Avenue Building Feet 0 10 20 40 60 80 100 120 r. Nu fsSy�iiS) CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: ALEXANDRA PAGE POPE TRUST, DATED OCTOBER 30, 2017 [Applicant & Property Owner] Change in Nonconformity (Modify Principal Dwelling) for the property located at 4205 & 4207 Atlantic Avenue (GPIN 2418963455). COUNCIL DISTRICT 6 MEETING DATE: August 15, 2023 • Background: The applicant is requesting a Change in Nonconformity in order to modify the principal dwelling on the property known as 4205 & 4207 Atlantic Avenue. The property is located in Cavalier Shores, an early twentieth-century residential neighborhood near the Oceanfront that was developed prior to the adoption of a zoning ordinance in Virginia Beach. Like most properties in Cavalier Shores, the subject property is nonconforming with its current R-7.5 Residential zoning. Nonconformities include deficient front, side, and rear yard setbacks, lot coverage in excess of 35%, and two dwellings where one is permitted. The applicant plans to renovate the principal dwelling on the parcel, which will affect the overall footprint of the building. The principal dwelling is known as 4207 Atlantic Avenue and it has frontage onto 43rd Street. The renovation will include the addition of dormers on the upper story of the house to accommodate more headroom in upstairs bedrooms; the removal of an existing pergola; alteration to a rear addition; removal of a utility chimney; relocation of the entrance; and reconfiguration of window and door openings. The existing brick exterior will be retained on the north and west elevations, while shingle siding will be added to the south and east elevations. The building will retain its existing height and will be repainted with similar colors. The secondary dwelling, known as 4205 Atlantic Avenue, has frontage on 42nd 1/2 Street and will not be altered with this project. • Considerations: One of the policies in the Comprehensive Plan is to preserve and protect historic resources in Virginia Beach. While the proposed alterations will alter some of the character of 4207 Atlantic Avenue, the overall changes preserve the scale and general outline of the building, as well as some of the key elements of the building's Minimal Traditional architectural style. The original form of the house will still be visible through the alterations, which helps to preserve the integrity of the Cavalier Shores Historic District. The continued use of the building as a single-family residence also supports Comprehensive Plan goals to create and sustain Great Neighborhoods. Alexandra Page Pope Trust, Dated October 30, 2017 Page 2 of 3 As stated earlier, there are several nonconforming conditions on this lot, including deficient setbacks and lot coverage which exceeds the maximum allowed in the R- 7.5 Residential zoning classification. These conditions have been present since at least 1951 and the proposed renovation plan will have minimal change to these conditions. While the existing building setbacks will remain the same, the separation between the two residential dwellings will be increased with the proposed change to the southern addition. The alteration of that area will result in a net increase of approximately 16 square feet for the building, which increases the lot coverage of the site from 36.1% to 36.2%. These changes are nominal and appear to have no adverse impact on adjacent properties. No change in traffic is anticipated as a result of this project. Further details pertaining to the application, as well as Staffs evaluation, are provided in the attached Staff Report. One letter of support was submitted for this project from the North Virginia Beach Civic League Zoning Review Committee. There is no known opposition to this request. • Recommendation: On July 12, 2023, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 10-0. 1. The Site shall be developed substantially in accordance with the submitted concept site layout entitled "Exhibit of Lot 7," prepared by WPL and dated 4/28/2023, which has been exhibited to the City Council and is on file in the Department of Planning & Community Development. 2. The Site shall be developed substantially in accordance with the submitted elevations by Battaglia Designs dated July 12, 2023, which has been exhibited to the City Council and is on file in the Department of Planning & Community Development. 3. The maximum number of dwelling units on the subject Site shall not exceed two (2). 4. The height of the buildings' ridgelines shall not exceed 22 feet and four inches. 5. The minimum building setbacks for the subject Site shall be as follows: the east yard setback shall be 4 feet; the south yard setback shall be 4.9 feet; the west yard setback shall be 15.1 feet; and the north yard setback shall be 11.5 feet. This is a deviation from the Zoning Ordinance. 6. The maximum lot coverage for the subject Site shall be 36.2%. This is a deviation from the Zoning Ordinance. Alexandra Page Pope Trust, Dated October 30, 2017 Page 3 of 3 • Attachments: Resolution Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Letter of Support (1) Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. re- Submitting Department/Agency: Planning Department City Manager: r 1 A RESOLUTION TO ALLOW THE EXPANSION OF A 2 NONCONFORMING USE AND STRUCTURE ON 3 PROPERTY LOCATED AT 4205 & 4207 ATLANTIC 4 AVENUE 5 6 WHEREAS, the Alexandra Pope Trust, dated October 30, 2017 (the "Applicant") 7 has made application to the City Council for authorization to expand the nonconforming 8 principal dwelling at 4205 and 4207 Atlantic Avenue and zoned R7.5 Residential Zoning 9 District; 10 11 WHEREAS, this parcel currently contains two (2) single-family dwellings, that do 12 not meet the current zoning regulations. The principal dwelling is deficient in front yard 13 setback, side yard setback, year yard setback, minimum lot width and maximum lot 14 coverage. The renovations to the principal dwelling are approximately sixteen square 15 feet additional impervious. The dwellings were constructed prior to the adoption of the 16 applicable zoning regulations and are therefore nonconforming; 17 18 WHEREAS, the Planning Commission of the City of Virginia Beach recommended 19 approval of this application on July 12, 2023; and 20 21 WHEREAS, pursuant to Section 105 of the City Zoning Ordinance; the expansion 22 of a nonconforming structure is unlawful in the absence of a resolution of the City Council 23 authorizing such action upon a finding that the proposed structure as expanded is equally 24 appropriate or more appropriate to the zoning district than the existing structure. 25 26 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 27 VIRGINIA BEACH, VIRGINIA: 28 29 That the City Council hereby finds that the proposed nonconforming structure as 30 expanded, will be equally appropriate to the district as is the existing structure under the 31 conditions of approval set forth herein below. 32 33 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 34 BEACH, VIRGINIA: 35 36 1. The Site shall be developed substantially in accordance with the submitted concept 37 site layout entitled "Exhibit of Lot 7", prepared by WPL and dated 4/28/2023, which 38 has been exhibited to the City Council and is on file in the Department of Planning & 39 Community Development. 40 2. The Site shall be developed substantially in accordance with the submitted 41 elevations by Battaglia Designs and dated July 12, 2023, which has been exhibited 42 to the City Council and is on file in the Department of Planning & Community 43 Development: 44 3. The maximum number of dwelling units on the subject Site shall not exceed two (2). 45 4. The height of the buildings' ridgelines shall not exceed 22 feet and four inches. 46 5. The minimum building setbacks for the subject Site shall be as follows: the east yard 47 setback shall be 4 feet; the south yard setback shall be 4.9 feet; the west yard 48 setback shall be 15.1 feet; and the north yard setback shall be 11 .5 feet. This is a 49 deviation from the Zoning Ordinance. 50 6. The maximum lot coverage for the subject Site shall be 36.2%. This is a deviation 51 from the Zoning Ordinance. 52 53 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 54 , 2023. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 'Manning and Community City Attorne ' ffice Development CA16201 R-2 June 30, 2023 2 Applicant& Property Owner Alexandra Pope Trust, dated October 30, 2017 Agenda Item Planning Commission Public Hearing July 12, 2023 City of City Council District 6 4 Virginia Beach Request Change in Nonconformity (Modify Principal Dwelling) s'ia A``„"5Z yi g Staff Recommendation 3 Approval 0-uEv�zNst m s "'Atli;'DR O so GO Staff Planner 51'g`"Sj'" 1 Elizabeth Nowak +STMST ,. 1 Location „t,;�rr� iris 4205&4207 Atlantic AvenueT� 2418963455GPIN } Site Size ' \- a V 9 -- �. 9G 8,560 square feet cli, ' AICUZ \ M 65-70 dB DNL; Sub-Area 1;70-75 dB DNL "aa '_ - Watershed Atlantic Ocean Existing Land Use and Zoning District ' t 't + r Single-family dwellings/R-7.5 Residential , .1 r r Surrounding Land Uses and Zoning Districts X.'''. t 4 North _.r - 1• • } 43rd Street • �y \ Single-family dwelling/ R-7.5 Residential �, z South 42nd 1/22Street '' '4 is . , m Single-family dwelling/ R-7.5 Residential * ` NI., , A` s? East Single-family dwelling/ R-7.5 Residential h West 7'` u 1-� F Atlantic Avenue # '0 Single-family dwellings/R-7.5 Residential Alexandra Page Pope,Trustee dated October 30, 2017 Agenda Item 4 Page 1 Background & Summary of Proposal • The applicant is requesting a Change in Nonconformity in order to expand the principal dwelling at 4207 Atlantic Avenue.This 8,560 square-foot property is zoned R-7.5 Residential and is located in the Cavalier Shores neighborhood. • Cavalier Shores was developed in the early twentieth century, primarily from the late 1920s through the 1950s and before the adoption of a Zoning Ordinance in Virginia Beach. In 2019, Cavalier Shores Historic District was listed in the National Register of Historic Places for its association with the residential development of the Virginia Beach oceanfront area. Many parcels in Cavalier Shores were developed with two dwelling units,which is a defining historical characteristic of the area.The R-7.5 Residential zoning classification no longer permits multiple dwellings on individual properties. • There are two single-family dwellings located on the subject property that were constructed in 1951; both are identified as contributing resources in the Cavalier Shores Historic District.4207 Atlantic Avenue, a one-and-one- half-story house, is located towards the northern half of the lot and has frontage on 43'd Street. It is considered the principal dwelling on this lot. 4205 Atlantic Avenue is located towards the southern half of the lot and has frontage on 42nd 1/2 Street.The applicant's renovation plans are limited to 4207 Atlantic Avenue. • The applicant will add a covered porch and steps on the north elevation to accommodate new entrances to the dwelling. Shed dormers with standing seam metal roofs will be added to the west and east elevations to accommodate additional head height in bedrooms.A new room on the south elevation will require construction of a new 9.9-foot by 13-foot area and removal of an approximate 13.3-foot by 7-foot interior area and a porch on the west elevation. An existing pergola on the west elevation facing Atlantic Avenue, a utility chimney in the center of the building,and a utility area on the east elevation will also be removed. • The following summarizes the nonconformities associated with this parcel: Current R-7.5 Requirements Existing Conditions Proposed Conditions Front Yard Setback when 30 feet 11.7 feet 11.7 feet adjacent to a 40-foot ROW Side Yard Setback when 35 feet 15.1 feet 15.1 feet adjacent to a street Rear Yard Setback 20 feet 2.4 feet 2.4 feet Minimum Lot Width for a 85 feet 58 feet 58 feet Corner Lot Maximum Lot Coverage 35% 36.1% 36.2% Number of Dwellings 1 2 2 Alexandra Page Pope,Trustee dated October 30,2017 Agenda Item 4 Page 2 ;....R7.5 • 41 05T Zoning History R7,5 # Request 1 NON(Expansion of Principal Dwelling)Approved >. ! 06/06/2023 r' 41N0 R7,5 R7 5 R75 Application Types CUP—Conditional Use Permit MDC—Modification of Conditions STC—Street Closure SVR—Subdivision Variance REZ—Rezoning MDP—Modification of Proffers FVR—Floodplain Variance LUP—Land Use Plan CRZ—Conditional Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental Evaluation & Recommendation In Staff's opinion,this request for a Change in Nonconformity is acceptable.One of the policies in the Comprehensive Plan is to preserve and protect historic resources in Virginia Beach. While the proposed alterations will alter some of the character of 4207 Atlantic Avenue,the overall changes preserve the scale and general outline of the building, as well as some of the key elements of the building's Minimal Traditional architectural style. The original form of the house will still be visible through the alterations,which helps to preserve the integrity of the Cavalier Shores Historic District.The continued use of the building as a single-family residence also supports Comprehensive Plan goals to create and sustain Great Neighborhoods. As stated earlier,there are several nonconforming conditions on this lot, including deficient setbacks and lot coverage which exceeds the maximum allowed in the R-7.5 Residential zoning classification.These conditions have been present since at least 1951 and the proposed renovation plan will have minimal change to these conditions. While the existing building setbacks will remain the same,the separation between the two residential dwellings will be increased with the proposed change to the southern addition.The alteration of that area will result in a net increase of approximately 16 square feet for the building,which increases the lot coverage of the site from 36.1%to 36.2%. In Staff's opinion,this increase is nominal and will not have an adverse effect. As deficient dimensional standards can be addressed in the Change of Nonconformity review process, Staff is recommending Conditions 5 and 6 to formalize the existing setbacks and lot coverage on the property. Staff's traffic analysis indicates that there will be no change in traffic as a result of this development.Staff is unaware of any opposition to the proposal and the applicant has provided a letter of support from the North Virginia Beach Civic League Zoning Rerview Committee.As such, Staff is recommending approval of this request subject to the conditions and exhibits in this report. Recommended Conditions 1. The Site shall be developed substantially in accordance with the submitted concept site layout entitled "Exhibit of Lot 7," prepared by WPL and dated 4/28/2023,which has been exhibited to the City Council and is on file in the Department of Planning&Community Development. Alexandra Page Pope,Trustee dated October 30, 2017 Agenda Item 4 Page 3 2. The Site shall be developed substantially in accordance with the submitted elevations by Battaglia Designs and dated July 12, 2023,which has been exhibited to the City Council and is on file in the Department of Planning& Community Development. 3. The maximum number of dwelling units on the subject Site shall not exceed two (2). 4. The height of the buildings' ridgelines shall not exceed 22 feet and four inches. 5. The minimum building setbacks for the subject Site shall be as follows:the east yard setback shall be 4 feet;the south yard setback shall be 4.9 feet;the west yard setback shall be 15.1 feet; and the north yard setback shall be 11.5 feet.This is a deviation from the Zoning Ordinance. 6. The maximum lot coverage for the subject Site shall be 36.2%.This is a deviation from the Zoning Ordinance. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations This proposal is located within the North End Suburban Focus Area. A guiding principle of the Suburban Focus Area is to protect and enhance buildings of cultural and historic significance. Proposed designs and materials should complement the existing structure and surrounding area, as well as preserve character defining features.This change would be supported by the Comprehensive plan. However, due to the high levels of impervious surface coverage and drainage issues in the North End, a recommendation for improvement or reconstruction in this area is to utilize porous materials for driveways,walkways, and other similar surfaces to achieve a net reduction in impervious surface. As proposed,this project increases the amount of lot coverage by a small amount.To be more in keeping with the recommendations of the Comprehensive Plan,the applicant should consider replacing some of the impervious cover on the lot, such as parking areas and walkways,with porous materials to achieve a net reduction in impervious surface. Natural & Cultural Resources Impacts The site is located in the Atlantic Ocean Watershed. 4205 and 4207 Atlantic Avenue are identified as contributing resources in the Cavalier Shores Historic District, a district listed in the National Register of Historic Places.The proposed alterations to 4207 Atlantic Avenue will affect some of the historic fabric of the building. Changes will be made to historic fenestration and exterior cladding materials; however, it is Staff's opinion that as the general form of the building will be retained and alterations will be distinguishable as having been made at a different period than the construction of the house,there will be no significant adverse impact on the historic district. Alexandra Page Pope,Trustee dated October 30, 2017 Agenda Item 4 Page 4 Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Existing Land Use 2--20 ADT 43rd Street No data available Proposed Land Use 2-No change anticipated lAverage Daily Trips gas defined by two single-family residences Master Transportation Plan (MTP) and Capital Improvement Program (CIP) The MTP identifies 43`d Street as a two-lane local street.There are not CIP projects planned for this area. Public Utility Impacts The site is currently connected to City water and sewer. Public Outreach Information Planning Commission • The applicant's representative met with the North Virginia Beach Civic League Zoning Review Committee to discuss the details of the request.A letter of support was provided to Staff by the review committee as a result of this meeting. • As required by the Zoning Ordinance,the public notice signs were placed on the property on June 12, 2023. • As required by State Code,this item was advertised in the Virginian-Pilot on Wednesdays,June 28, 2023 and July 5, 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 June 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.virginiabeach.gov/planning on July 6, 2023. City Council • As required by City Code,this item was advertised in the Virginian-Pilot on Tuesdays, August 1, 2023 and August 8, 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 July 31,2023. • 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 August 11, 2023. Alexandra Page Pope,Trustee dated October 30, 2017 Agenda Item 4 Page 5 Resolution 1 A RESOLUTION TO ALLOW THE EXPANSION OF A 2 NONCONFORMING USE AND STRUCTURE ON 3 PROPERTY LOCATED AT 4205 & 4207 ATLANTIC 4 AVENUE 5 6 WHEREAS, the Alexandra Pope Trust, dated October 30, 2017 (the "Applicant") 7 has made application to the City Council for authorization to expand the nonconforming 8 principal dwelling at 4205 and 4207 Atlantic Avenue and zoned R7.5 Residential Zoning 9 District; 10 11 WHEREAS, this parcel currently contains two (2)single-family dwellings, that do 12 not meet the current zoning regulations. The principal dwelling is deficient in front yard 13 setback, side yard setback, year yard setback, minimum lot width and maximum lot 14 coverage. The renovations to the principal dwelling are approximately sixteen square 15 feet additional impervious. The dwellings were constructed prior to the adoption of the 16 applicable zoning regulations and are therefore nonconforming; 17 18 WHEREAS,the Planning Commission of the City of Virginia Beach recommended 19 approval of this application on July 12, 2023;and 20 21 WHEREAS, pursuant to Section 105 of the City Zoning Ordinance,the expansion 22 of a nonconforming structure is unlawful in the absence of a resolution of the City Council 23 authorizing such action upon a finding that the proposed structure as expanded is equally 24 appropriate or more appropriate to the zoning district than the existing structure. 25 26 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 27 VIRGINIA BEACH, VIRGINIA: 28 29 That the City Council hereby finds that the proposed nonconforming structure as 30 expanded,will be equally appropriate to the district as is the existing structure under the 31 conditions of approval set forth herein below. 32 33 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 34 BEACH,VIRGINIA: 35 36 1. The Site shall be developed substantially in accordance with the submitted concept 37 site layout entitled"Exhibit of Lot 7", prepared by WPL and dated 4/28/2023,which 38 has been exhibited to the City Council and is on file in the Department of Planning& 39 Community Development. 40 2. The Site shall be developed substantially in accordance with the submitted 41 elevations by Battaglia Designs and dated July 12,2023,which has been exhibited 42 to the City Council and is on file in the Department of Planning& Community 43 Development. 44 3. The maximum number of dwelling units on the subject Site shall not exceed two (2). Alexandra Page Pope,Trustee dated October 30, 2017 Agenda Item 4 Page 6 Resolution 45 4. The height of the buildings' ridgelines shall not exceed 22 feet and four inches. 46 5. The minimum building setbacks for the subject Site shall be as follows:the east yard 47 setback shall be 4 feet;the south yard setback shall be 4.9 feet;the west yard 48 setback shall be 15.1 feet; and the north yard setback shall be 11.5 feet.This is a 49 deviation from the Zoning Ordinance. 50 6. The maximum lot coverage for the subject Site shall be 36.2%.This is a deviation 51 from the Zoning Ordinance. 52 53 Adopted by the Council of the City of Virginia Beach, Virginia,on the day of 54 , 2023. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Planning and Community City Attorney's Office Development CA16201 R-2 June 30,2023 2 Alexandra Page Pope,Trustee dated October 30, 2017 Agenda Item 4 Page 7 Proposed Site Layout SITE DATA' 'Ili QF 1. GPM:2416-98-3455 Veit, 2. MMHG:R-7.51 +� 3. LOT AREA:8,560 SO.FT.OR 0.197 ACRES j 4. w.OW 2.,996 SO.FT.(35%) V. SIC/CD BY ,a RIC NER ENSTING:3,087 SQ.FT.(36.1%) Lk. 2904 POST DEVELOPMENT:3,103 SO.FT.(362%) ,e. 06/23/2023 4k. 91 SURdO 4222 % STREET 4.9' aa,•miA0 s,ar4E',w (mzt_ 1.iii h$1 , 4'- ' II7... ainRETY /W Fl .• b, as, -gip '•'1-STORY EERICX I • &FRAIE j 4e'vI€ 173' J t x N • „3'� � LOT 7 _ t��a Buxom f -. NA no •�E� A'17A7Y£ (I N.20 1 7 COMAS 400301 25450) f R.Tom W', IN -'. ti LO T 5 9RX3f WN_KWAY,e-oii;1:I '9� 'fLOCK t N.B.8,PG.12) ,� 9.9' 9.1 o4D¢� Galt 2418-98-4416 1, K Amor Ai ys• ,4 -*V... 1y A PORCH ,'SZ. 24'�1 F nuv .t1 ,41W.al �E ixac— d 1�E1AIC1( �-1 18 FRAiE UMW 4.aY►1 • r PCRCH Qo AC 4d'vim- . UNIT .c GRIMY ..........4404111. PORCH(0107 PROPOSE)STEPS ' •IR 31.6. ,i Tao' i•.- • EIr4 ?It£ moo. I ---x-- =8't � I J.* CO MTE lx— O THER'AY 4,9fli STREET ((Sp'P1JRGC RI IT-a pNYJ (r'i1R1�RKY POCAHONTA.S L1RA'FI, (AL8 F . 12) FLOOD IIr-0IMAT10M:THE PROPERTY SHOWN HEREON APPEARS TO FALL WTTHIN FLOOD ZONE X(AREAS DETERMINED TO BE OUTSIDE OF THE 0.2i ARM.CHANCE FT-COO),AS SHOWN ON F.E.MA S FLOOD INSURANCE RATE MAP(FIRM.)FOR RE CITY OF VIRGNIA BEACH,VIRGINIA CONIUNI Y PANEL ND.5155310126E WED JAMIARY 16,2015. WPL IS NOT A PARTY N DETERI NTNC THE REQUIREIEN1S FOR FLOOD QASURANCE ON THE PROPERTY SHOWN NEREON.THIS SURVEY DOES NOT IMPLY THAT THIS PROPERTY WILL OR WILL NOT EEE,SUB,lECT TO FL00004C,FOR FURTHER INFORl1ATlON,CONTACT THE LOCAL CCNNIINITY FLOW OEFICW.. THS SURVEY WAS PETFORIED WITHOUT DE BENFTT Of A TIRE REPORT AND WY NOT SHOW ANY/ALL EASEMENTS OR RESTRICTIONS THAT MA AFFECT SND PROPERTY AS SHOWN.THIS PLAT DOES NOT INTEND TO REPRESENT A S1JEOMS10N OF FANG. - SIT . • = OF = LOT 7 T .--= = MAP OF - CAVALIER SHORES SECTION A - -- PLAT RECORDED IN MAP BOOK 8, PAGE 12 IN THE CLERK'S OFFICE OF THE CIRCUIT COURT OF THE CITY OF �'I RGINIA BEACH, VIRGINIA Ir' VIRGINIA BEACIG. VIRGINIA En i.b, �1 EXCLUSIVELY For 14�i1Rm1�1116�M nia SCALES 1" = 25' POPE RESIDENCE APRIL 28, 2025 CAD/ohlo BEEY/esg CITY or VIEGBNL BE►CB.VIRGINIA I F.B._ PG._I PLAT:C-145 PH:229-0194 Alexandra Page Pope,Trustee dated October 30, 2017 Agenda Item 4 Page 8 Proposed Elevation Plan BATTAGLIA design l �f a' a _ I nnr'„nr.r-'.—a"T 7 t•.;m.a„ua.7r+.t mnr'a-rrr Nev.WL-ll Flc.ulion -',ter'rIIrv...^.,,,,,, [ :R i ! ' ,I I LI_ C=_I -] '-_ _ > - _ -- Mgr ,,,< '' «! I -II- ,tJ ` :•L�YL�1'J IIUJAyl:1,U..vt!•.l.a�+;�w.�I<t'n,J,M Nov,North Flo.talon ,:uo'o,,,,,x'..•:.,Lra,„, V CLUIPL11W(UL Vim, ,n n„m, BATTAGLI, d e s i g '_J 1-1 FQ1_.. �� - rs lrr m,ra.t rarlx :,lr�..-�cti+n n.>•.,t-.c.n.�a-,^.0 anti n.:e.mr r e u , N. LLI ;!' ail ii .i N - I 1!cJP ,rt;ir<�.�cu«-1..�.cc<n No,Sold 13lc,uliln,-- - - - --_...�w. Onu - - Alexandra Page Pope,Trustee dated October 30,2017 Agenda Item 4 Page 9 Existing Elevations BATTAGLIA design ice, .. ,_,. 1 H 1,77- a , 1_11_ i _ 11 1 __„, _ ___. 1 ,„..., 1--I I . - Fig- _ Existing Nest Elevation H - . ' '' N'%N . 1.II I i I iioIL 111111 oull1ililllililll a 11 Ilil 1, 1Illi l Existing North Elevation BATTAGLIA design t=1 _ > -r_ tr_ E1 E- t ,, ____,_, [iii„_:, , L ti_ Ezi+ling La,t l:lclaline I l l N l f is - — I .. EF1 -- - -di I Ai.linx Svoila 1,Ic,tEm Alexandra Page Pope,Trustee dated October 30, 2017 Agenda Item 4 Page 10 Site Photos r ! y��7¢Ryy]A� Ski: t L'� �1�" ' - •-•• '.:: • ' 1.4.- fr41 ..,..0.4....v..• ,,,,,,,,,.....„0.1-. Yv ,.: 11, jc .., . .. • • .41%1 , lit.'.,-40;;;-. .-. • '''.'"':4 7...'4.te,..':,...,...7' - - - - $eY a' -1 - . i at Ia - r - • i 71t ♦ • • � l." • ^yam L r +e.P^ .�. -�, Mr: IN1 MI _. ' Pe per, iil I cillIN p. 3 ,j "31"ems` iL1'1' :; --$ lR � /g' ,-+4. y�� q �{- tat � S. 4 Y.. _ 'h t'a t �,�+ y, f#A .' v��;N ,4 a� '1" dr - of ^ � � lito,, Alexandra Page Pope,Trustee dated October 30, 2017 Agenda Item 4 Page 11 Site Photos 4..v , i Ii'!"-3 :. -. 1►\' ai i� •spy~-� I'i_ s kk t', , ,r ' , ,,,11 1r11r/11111R�1f IN i1 „ ,Fr , i: �:�1 E! illiii 11, (IILr 2 I .61> t + ,o7 .0 ...a• fir• ' �„ a:. mow,• t,6... ,z,a:�- . 'a"<.„k I -A A. ice' ''' 2. i•• 4 s ' .s. r; "Eaa c_ 15e 7:,r; ffi.ti. "•' r'� • „2 ✓ c,:: r ,Ai- , ar '• • , ' # ±tr+ rp ° ++p! r a .4144411; ..,. ._. . .. . 1.. . . . .. _ • e .,...__ _ ..... . . . .4, .. s.. ....... . ... . , .._:,,, :.... :i .. :. • .._ ....,_,...._________ ___. .., _____ ___ _ _ x ___„..._____._ • ,. = -- _ _ _ .. ...,. .. • ____ _ .._ _,.., _ , ,... .___,,... .. _ • .,_. �p , ___ IlOk:1-''Af. - i _•.';' *.:. .t_,,;;;;":_., IC.7----_-__ . il IA '----- 1--- It rill lit V • Alexandra Page Pope, Trustee dated October 30, 2017 Agenda Item 4 Page 12 Disclosure Statement Disclosure Statement 4010- , Planning&Community Development 4111100".* 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 Alexandra Page Pope,Trustee of the Alexandra Pope Trust,dated October 30,2017 Does the applicant have a representative? Yes ❑ No • If yes,list the name of the representative. R.Edward Bourdon,Jr.,Esq.,Sykes,Bourdon,Ahern&Levy,P.C. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?E Yes 0 No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Alexandra Page Pope,Trustee • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) 1"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2.3101. "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 Alexandra Page Pope,Trustee dated October 30, 2017 Agenda Item 4 Page 13 Disclosure Statement Disclosure Statement "I\B CO of VPVI12:1 Bald: Planning&Commun` -w -, Develo!n r 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. 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes ■No • If yes,identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?0 Yes ®No • If yes,identify the firm and individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?■Yes 0 No • If yes,identify the firm and individual providing the service. Greg Battaglia,Battaglia Designs 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. Alexandra Page Pope,Trustee dated October 30,2017 Agenda Item 4 Page 14 Disclosure Statement y� S?.+• R r_ IMz r. i a, � ••[�•s7a�4.,h:c a �y� T� S ,i ,� � TO 1: vl'T� 'E•P' R,fig` 7p_ �tty7... -k,'.',..?:.".4..f iC•1•i,I.q.I,a7-°..,...-.50-.6.-..fr h:p,..,:-•1;..:.1...).:Uj...6a..,...:-..!N9.:..I7 r.g.:=..a.-aD IN.,,,T,•.-.4A.I.b'..,P.•,..v,h•0- .,!.,- .];ak4' ,,r 'J'• \ TO {A•. C 'r• r i•" -yf reiW''t�, fri S-, r f,e•. ^ '1'1. 6. . v't °r� 7u y J��y �'-�h`: r ".lit"�l�e, i. tlh, :rd r ;d'"' fi , ,-,�, ,oll;lt .J •"+ ~a�,1J''�;1�,a d,4jy?'il'�r'C z{rSi J:. 1 r 4 r� Icp ■ +}�.1`�,gY•�3�,,,i :? •"ti'I„ ••1 1•IYk'`,�-,�L M1• i+.o.:�• ,ice.,?Thkft o,t: }Y. , V. Fl? •4:0 �,.`�\Ly"�1�1�'`ti. �1Frcy'7,a,Slr,-.4' M1• 0_ r 71FF �. � �l y"pp}�,�y�t�(;�,�y�}�'S{ ,�f'y}'��•' ��' ,u�Sr�RuA�S.'.L1t"_".dj,.C,4i.v.'.'�i't+: '!• V! a- 'Py, f• � �-'f�!�lL� P.V �� 1, 1 ` .I�I.:Jrti..l'7•.<;�:,s':' ra:� �� .,' 'S. ti "mil:a•,�:fl,`I ?? ^'1�: t�y��. r ,•ivIS ' u r. ` ` . ,,� {.v. Rf l , `�J�.. .;l� IY:: {.,.,,, ,`,i1-,uy`- cos ,ta a.men - .�� ',. ':' w�•:.�' ,:.: 1:�},. 4�(.`.l�:r; tir,. ••s -,: ',.: i yl, +t �G ,p� y�.- };`• aa,'..iyY+ 5�. s::.'y S.::, re y ..y i2yJ-A.f7,•c.Xr y:�'' .li-s:b;. c �.y, 1." •r};.,1, :Mv;'t...•' 1,s,: 4 5a} $S p Y..,, •,� 1 i i i•p.e. ti .. t, 5 �a e y rb d Ir i`Zy,.i yy �{, �,aF,.iS!V a+,{;• uF• iY,•r.:r.',i, 4;..� ,�hr�,.S•�,,1��!• .n°:'°'7o•'S� e�'5��-,f.•.�ir��595�•�x•�l,:�n'�':Y.4aC;�L;:n-.,SF'�•:' V Yl;.J 9°'�''r.+ty7�%•ry �.JI 1 p• '!4L' •SR• r.�...;.�•;�.�'-'.?` ��.�i�,fiw. r•'y..l,c '•e:rietfi�4t•i 1Y,5,:'i{••M;•y�ei4L:.2L st. 'I�f tiI,1i�', •n', 1; 1.�' 1'• _ ��. 2 yL�;�: m r"' L' ,f �'�. r,:s C§ •`t a^�"^F� .a;.•^•;a, "' I:rr (��e,,��J�y-.�.�: '..`-'t��.'4T'� 5;:i'a:'�1•'�. ��dl r�+• ~;'"'.'h: ,�!•�S c ..�'•.. w.r .�'1"'A.'rkek .'• 6'%ti`it,,:;•c. >•. .'r' tires{ �-i7V7A+,;,+.��=t":f �"a, .r�r � l``\v tJ 1 I ah/ ' ..+ IkJn»' i1'1 Y:..., t• �1. It M1 t,f r•. al . -.t ..y K i' 1 ,fj • 'i; .I aY.. 5is '`• �: lE°rid• >t4ai '1�1 .fig •rl.. ,4��•. .a: •• �Jh e'1:�r' p IIII+ • ri rf fY;,:' i 4... :SL,y;i•J`J.t 14�r '9�1,• '," l - „, �"' "�;.„ •p " ' ;r sr• .t.. s.J.,:e, I. v:�,..- :• , :. lw41 Inr-ll,4. '-# 1' tin �.�� a.� :�� ,A�. : _, tww 6. Does the applicant have a construction contra or in connection with the subject of the application or any business operating or to be operated on the property?0 Yes No (1,1 y - • If yes,identify the company and individual providing the service. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?IN Yes 0 No • If yes,identify the firm and individual providing the service. Eric Garner,WPL 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?■Yes 0 No • if yes,identify the firm and individual providing the service. , R.Edward Bourdon,Jr.,Esq.,Sykes,Bourdon,Ahern&Levy,P.C. Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,lam responsible for updating the Information p • •I ed here two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any pub• body• v ee in connection with this application. The A' andra Po•- +. d October 30,2017 `.plican :gnature , • •••'andra Page Pope,T stee Print Name and Title tt` a7-.2. ____ Date Is the applicant also the owner of the subject property? A 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 �4 XNo changes as of Date 07/26/2023 signature g:: e ae 4,4,4„ a. Print Name Eliibeth Nowak Revised 11.09.2020 3 I P a g e Alexandra Page Pope,Trustee dated October 30, 2017 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. Alexandra Page Pope,Trustee dated October 30, 2017 Agenda Item 4 Page 16 Virginia Beach Planning Commission July 12, 2023, Public Meeting Agenda Item #4 Alexandra Page Pope, Trustee of the Alexandra Pope Trust, dated October 30, 2017 RECOMMENDED FOR APPROVAL—CONSENT Mr. Horsley: Thank you. Next item is item number four, Alexander Page Pope Trustee for the Alexander Page Pope Trust. Mr. Bourdon. Mr. Bourdon:Thank you, Commissioner Horsley. Mr. Chairman, members of the commission, for the record, Eddie Bourdon, Virginia Beach attorney representing Ms. Pope. I want to first thank Elizabeth Nowak for her work with our architect on this project. All six conditions as recommended by staff are acceptable and we greatly appreciate being on the consent agenda. Thank you. Mr. Horsley: Is there any opposition to this application? Seeing none, I've asked Commissioner Plumlee if he would read this into the record. Mr. Plumlee: This is an application for the Alexander Pope Trust to modify property at 4205 and 4207 Atlantic. This is a nonconformity request to expand the dwelling at that location. There are actually two dwellings on the property that were constructed in 1951. Both are identified as contributing resources in the Cavalier Shores Historic District. They will add a covered porch and steps on the north elevation to accommodate new entrances to the dwelling. Shed dormers with standing seam metal roofs will be added to the west and east elevations. There's been no reported objection to this request, modification and the Planning Commission has recommended it for the consent agenda. Mr. Horsley: That concludes the consent agenda today and at this time I'll make a motion that we approve item number one, Milestone Tower LLC, item number two and three, Winners Properties, LLC, item number four Alexander Page Pope Trustee for the Alexander Page Pope Trust, number five, First Class Events Rentals, number six Bow Eyebrow LLC, number seven City of Virginia Beach, number 10 Ascension's Group LLC, number eleven and number twelve, Porpoise LLC. Mr. Alcaraz: All right, thank you. Do I have a second for the motion for these consent agendas? Mr. Clemons:Second. Mr. Alcaraz: Second by Mr. Clemons? Thank you. Madam Clerk: The vote is now open. By a vote of 10 to 0, items 1, 2, 3, 4, 5, 6, 7, 10, 11, and 12 have been recommended for approval. AYE 10 NAY 0 ABS 0 ABSENT 0 Alcaraz AYE Anderson AYE Byler AYE Clemons AYE Coston AYE Cuellar AYE Estaris AYE Horsley AYE Parks AYE Plumlee AYE NORTH VIRGINIA BEACH CIVIC LEAGUE ZONING REVIEW COMMITTEE June 27, 2023 MEMO Members of the Virginia Beach Planning Commission City of Virginia Beach Dear Planning Commissioners Re: Alexandra Page Pope, Trustee of the Alexandra Pope Trust,(Applicants & Property Owners) Change in Nonconformity (Expansion to Principal Dwelling) Address: 4205/4207 Atlantic Avenue / GPIN(s): 2418-96-3455-0000 City Council: District 6, formerly Beach The North Virginia Beach Civic League (NVBCL) Zoning Review Committee (ZRC) received information from the applicant's land use attorney and reviewed the merits of the application. An older single-family home with a detached dwelling unit currently exists on a single parcel zoned R7.5. The current conditions represent a historic development pattern of our North End neighborhood within the Historic Cavalier Shores neighborhood. The applicant wishes to retain the existing house along with the renovations and additions. The NVBCL ZRC fully reviewed the applicant's proposal and supports the restoration/addition of this residential property in keeping with the historic character of the neighborhood. Members of the NVBCL Zoning Review Committee: Billy Almond 209 - 70th Street (Abstaining) Willy Fluharty 303 - 49th Street Mary Lee Harris 216 - 55th Street Dave Jester 200 - 63rd Street Jo Anne Moore 300 - 55th Street Bernice Pope 214 - 44th Street Molly Oberst 106 A-65th Street Martin Waranch 1 1 1 - 66th Street Gerrie West 217 - 75th Street Hobie Whitmore 311- 48th Street Jay Woodard 204 - 74th Street (Abstaining) 1 B2 / / C-j----- -7:„,,, -mai. { i Ns -----_,-,. i 41_iist --'1? 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Ay/ ' / oitv/4*/ , / / , -----.74., _______ ---„, , _•,. ii=7 ' AF1* m .. ...,_______, , __., -___„ ...„ A _ --,,,,,,_, ,,, , ____ ___, . , , , . --,--... .."---*-------- l'- .,_. , i ,,,,. ---„, ,.._..._:.i.. a. 42) /./ ------„,,,.... ver;,,,-, ------..„ / CI CI° W ' ..-q.4"-- / / wir �,J;�L ------,...:--__,,. -._..., , .,. n M1 ....„ ._. __„,_./ . ., 7 A Site Property Polygons Winner's Properties, LLC4 5,7 Zoning 5200 Virginia Beach Boulevard Building Feet 0 30 60 120 180 240 300 360 4 - t..."1/4* << � `4 tttttt.. CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: WINNER'S PROPERTIES, LLC [Applicant & Property Owner] Modification of Proffers to a Conditional Rezoning & Modification of Conditions to a Conditional Use Permit (Motor Vehicle Sales & Service) for the property located at 5200 Virginia Beach Boulevard (GPIN 1467760828). COUNCIL DISTRICT 4 MEETING DATE: August 15, 2023 • Background: The applicant is requesting to modify the proffers and conditions associated with a Conditional Rezoning and a Conditional Use Permit approved by City Council on January 20, 2015, which rezoned the property from A-12 Apartment and B-2 Community Business to Conditional B-2 Community Business to develop the site with a Motor Vehicle Sales and Service business. The applicant is now seeking to modify the proffers and conditions to revise the previously approved proffered and conditioned site plan, landscape plan, and building elevations to implement the following: • add a second curb cut along Nelms Lane, • remove the requirement to install a six-foot tall all-weather solid fence along the property lines adjacent to the Apartment Districts, as the adjacent properties have existing eight-foot-tall privacy fences already installed, • increase the overall building footprint from 22,000 square feet to 33,273 square feet, and • add an approximately 1 ,105 square foot canopy in the rear of the building to be used for the cleaning and prepping of vehicles. The proposed elevations depict an exterior facade constructed with aluminum composite metal panels, silver corrugated metal panels, and glass. The height of the building at its highest point will be 25 feet and 4 inches. A 12-foot-tall freestanding monument-style sign, designed to match the building, is proposed along Virginia Beach Boulevard. Parking is met on site, exceeding the minimum requirement by 16 spaces. Winner's Properties, LLC Page2of5 ■ Considerations: These requests are consistent with the policies and goals set forth in the Comprehensive Plan for the Suburban Area, as the auto sales business provides a service to the surrounding area and is compatible with the number of automobile- related service uses along Virginia Beach Boulevard. The design of the proposed building is consistent with the architecture and materials recommended by the Suburban Area Design Guidelines. As shown on the Conceptual Site Plan, the site will meet the required 12 percent landscaping for the display area, street frontage, building foundation, and interior parking lot plantings, as well as the required 15-foot-wide Category IV landscape buffer along the northern and eastern property lines. While the previous approval required the installation of a six-foot tall all-weather privacy fence adjacent to the apartment districts to the north and east, an eight-foot-tall privacy fence currently exists in the rear of those adjacent properties. For this reason, Staff and the Planning Commission concurred that the request to eliminate this condition was amendable with a recommended condition that states if the fences are ever removed, the property owner of the dealership must install a six-foot tall all-weather privacy fence on their property to provide additional screening for the adjacent residences. The proposed screening and the conditions as recommended will help minimize the impacts to the residential properties in the vicinity. A full and detailed review of all landscaping requirements will be done during final site plan submittal. 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 July 12, 2023, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 10-0. Proffers: 1. When the Property is developed, it shall be developed substantially as shown on the exhibit entitled "Conceptual Site Layout Plan of Checkered Flag - Audi" (the "Concept Plan") prepared by Orbis Landscape Architects dated May 26, 2023, which Concept Plan has been exhibited to the City Council and is on file in the Department of Planning. 2. When the Property is developed, it shall be landscaped substantially as shown on the exhibit entitled "Conceptual Site Layout Plan of Checkered Flag - Audi" (the "Landscape Plan") prepared by Orbis Landscape Architects dated May 26, 2023, which Landscape Plan has been exhibited to the City Council and is on file in the Department of Planning. 3. When the Property is developed, the building elevations will be as depicted on the exhibit entitled "New Building for Checkered Flag Audi, 5220 Virginia Beach Boulevard, Virginia Beach, VA 23462" (the "Elevations") prepared by Covington Winner's Properties, LLC Page 3of5 Hendrix Anderson Architects dated March 14, 2023, which Elevations have been exhibited to the City Council and is on file in the Department of Planning. 4. When the Property is developed, the design of the signage will be as depicted on the exhibit entitled "Audi Virginia Beach, Exterior Package" (the "Signage"). prepared by Blair Image Elements dated January 23, 2023, which Signage has been exhibited to the City Council and is on file in the Department of Planning. 5. All exterior lighting shall be low intensity and residential in character and shall overlap and be uniform throughout the parking area. Per §237 of the City Zoning Ordinance, all outdoor lights shall be shielded to direct light and glare onto the auto sales & service premises; said lighting and glare shall be deflected, shaded, and focused away from all adjoining property. Any outdoor lighting fixtures shall not need be erected any higher than 14 feet. A Lighting Plan and/or Photometric Diagram Plan shall be submitted during detailed site plan review. Said plan shall include the location of all pole-mounted and building-mounted lighting fixtures, and the listing of lamp type, wattage, and type of fixture. All lighting on the site shall be consistent with those standards recommended by the. Illumination Engineering Society of North America. The plan shall include provisions for implementing low-level security for non- business hours. 6. The use of the Property shall be for automobile sales and service, display and showroom, rentals and/or accessory parking. 7. Vehicular ingress and egress shall be limited to three (3) entrances, with one (1) entrance for ingress and egress from and to Virginia Beach Boulevard and two (2) entrances for ingress and egress from and to Nelms Lane. Conditions: 1. All conditions attached to the previous Conditional Use Permit granted on January 20, 2015, are hereby deleted, and superseded by the following conditions. 2. When the property is redeveloped, it shall be in substantial conformance with the concept plan entitled "Conceptual Site Layout Plan of Checkered Flag - Audi", prepared by Orbis Landscape Architects, dated May 26, 2023, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 3. A Landscape Plan shall be submitted at the time of final site plan review reflective of the location and plant material depicted on the conceptual site plan exhibit referenced in Condition 2 above, which has been exhibited to the e Virginia Beach City Council and is on file in the Department of Planning & Community Development. Winner's Properties, LLC Page 4 of 5 4. The exterior of the building shall be in substantial conformance with the appearance, size, color, and materials shown on the submitted elevations entitled "New Building for Checkered Flag Audi - 5220 Virginia Beach Boulevard, Virginia Beach, VA 23462, prepared by Covington Hendrix Anderson Architects, dated March 14, 2023, which has been exhibited to the Virginia Beach City Council and is on file in the Department of, Planning & Community Development. 5. The plantings within the 15-foot-wide Category IV Landscape buffer shall be six to eight feet in height at installation and maintained at a minimum of 25 feet. 6. If the adjacent property owner's privacy fences are ever removed, the property owner must replace it with a six-foot tall solid all-weather privacy fence to be installed on the subject property. 7. All signage on the site shall meet the;requirements of the Zoning Ordinance. A separate sign permit shall be obtained from the Department of Planning & Community Development for the installation of any new signage. 8. All garage doors shall remain closed other than for the maneuvering of vehicles in and out of the service bays. 9. All automotive repair work shall be conducted inside the building. 10.There shall be no storage'of tires, merchandise, or debris of any kind outside of the building. 11.No vehicles for sale or rent shall be parked within any portion of the public rights-of-way. 12.No vehicles shall be displayed on raised platforms, earthen berms, landscape islands, or any other structure designated to display a vehicle higher than the elevation of the main parking lot. 13.No loud speakers, outdoor paging system, outdoor speaker system or outdoor sound amplification system shall be permitted on site. 14.There shall be no signs which contain or consist of pennants, ribbons, streamers, spinners, stringsof light bulbs, or other similar moving devices on the site or on the vehicles. There shall be no signs which are painted, pasted, or attached to the windows, utility poles, trees, or fences, or in an unauthorized manner to walls or other signs. There shall be no portable or nonstructural signs, or electronic display signs on the site. There shall be no neon or electronic display signs, or accents installed on any wall area of the exterior of Winner's Properties, LLC Page 5 of 5 the building, in or on the windows, or on the doors. No window signage shall be permitted. 15.AII outdoor lights shall be shielded to direct light and glare onto the premises, said lighting and glare shall be deflected, shaded, and focused away from all adjoining properties. A Lighting Plan and/or Photometric Diagram Plan shall be submitted during detailed site plan review. ■ Attachments: Staff Report and Disclosure Statements Location Map Proffer Agreement Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. `� Submitting Department/Agency: Planning Department 0(Xi City Manager: Fito Applicant & Property Owner Winner's Properties, LLC Agenda Items Planning Commission Public Hearing July 12, 2023 2 & 3 City Council District 4 City of Virginia Beach Requests #2 - Modification of Proffers #3 - Modification of Conditions (Motor Vehicle Sales &Service) Nil HPKERac S 4'4, ti o 0 Staff Recommendation n WITCHDUCN CT o Approval 20 W SUMMER CRES I Staff Planner m� j Marchelle Coleman `'Rc,H,4B 3 W CDNo R ERSKIN 0 4C,ygi e41 E w a sr wt.,. u, c O , s W DR w Location o W Q ON4 RICH4 RD w > w 5200 Virginia Beach Boulevard W o a GPIN w 4 0. `a W 1467760828 1 Site Size 2.54 acres .,,,,,4 --'iNN. AICUZ �. Less than 65 dB DNL GREENWICH RD ( T- ° CLEVELAND - Watershed Chesapeake Bay Existing Land Use and Zoning District .i ti R(CHARD RD •ri,~, Auto dealership/B-2 Community Business r ��`Sh w!w7r d �. y��ADy cR�ve�t9N ' ��+wLy Surrounding Land Uses and Zoning Districts ra * w* i tir� North I ' „'� ,. Tf , Multi-family dwellings,townhomes/A-12 ;r , - -/. ,,, Apartment A . I'a; 2 tr lfl South ,, . • `ar �'0 Virginia Beach Boulevard ,-Sr— �':` "'' r tir Retail/B-2 Community Business •Y,rri `� � *t,`t"r ,48"TIP .� .**.,, �F ' , „KEast '!C*4*Rp("4k\ ♦rtiI0 • 8 . ,Atifte { sr Northridge Drive ;. '., r, �w �;R „, 2 !. ., Retail,townhomes/B-2 Community Business, � 7:1:4: QF4�He��D 2 F h�. ,,,,,,,,,..1, I A-12 Apartment Ee;` ''' , t f,FWest � ��, ,; Nelms Lane '* ;.a �'•'at ' R+,,e Retail/ B-2 Community Business Winner's Properties, LLC Agenda Items 2 & 3 Page 1 Background & Summary of Proposal • The applicant seeks to amend proffers and conditions associated with a Conditional Rezoning and Conditional Use Permit approved by City Council on January 20, 2015,to rezone the property from A-12 Apartment and B-2 Community Business to Conditional B-2 Community Business for a Motor Vehicle Sales and Service business.At that time,the applicant proffered, and Staff conditioned that the development would be constructed in substantial conformance with the submitted conceptual site plan, landscape plan, and building elevations. • The applicant is now requesting to modify the original proffers and conditions to revise the conceptual site plan, conceptual landscape plan,and the building elevations to suit their business needs. • In the 2015 approval,the conceptual site plan showed only one proposed curb cut along Nelms Lane,a smaller building footprint of 22,000 square feet, and a 15-foot-wide Category IV landscape screening with a six-foot tall all- weather solid fence to be installed along the property lines adjacent to the apartments to the north and east of this site. • The applicant is now proposing to modify the conceptual site plan and building elevations to: o add a second curb cut along Nelms Lane, o remove the requirement to install a six-foot tall all-weather solid fence along the property lines adjacent to the Apartment Districts,as the adjacent properties have existing eight-foot-tall privacy fences already installed, o increase the overall building footprint from 22,000 square feet to 33,273 square feet, and o add an approximately 1,105 square foot canopy in the rear of the building to be used for the cleaning and prepping of vehicles. • The proposed building elevations depict an exterior façade to be constructed with aluminum composite metal panels,silver corrugated metal panels,and glass. At the tallest point,the building will be 25 feet and 4 inches in height. • The conceptual site plan depicts a total of 92 parking spaces, of which 39 are designated for display area spaces.As proposed,the parking provided on site exceeds the parking requirement by 16 spaces. • A 12-foot-tall freestanding monument sign with the required landscaping around the base is proposed along Virginia Beach Boulevard,thereby meeting the sign height requirements in the B-2 Community Business District. • The proposed hours of operation for Sales are from 9:00 a.m.to 8:00 p.m., Monday through Friday, and 9:00 a.m.to 7:00 p.m. on Saturdays. Service and Parts hours of operations is from 7:00 a.m.to 6:00 p.m., Monday through Saturday. Winner's,Properties, LLC Agenda Items 2 & 3 Page 2 Zoning History # I Request 1 CRZ(A-12&Conditional B-2 to Conditional B-2) Approved 08/17/2021 CUP(Auto Storage Yard&Car Wash Facility)Approved 08/17/2021 2 CRZ(A-12& B-2 to Conditional B-2)Approved 62 .r HARo d 01/20/2015 s c CUP(Motor Vehicle Sales&Service)Approved oao"E(iv q 1, 01/20/2015 ''." CUP(Motor Vehicle Sales)Approved 09/25/2007 62- .. 3 A'z_. g n1 `'. CUP(Motor Vehicle Sales&Service)Approved •. �,A.; .'� ,t 10/13/1992 •_ F :�`�. 3 CUP(Bulk Storage Yard)Approved 11 20 2018 / g PP / / • /., +�s 4 CUP(Car Wash Facility)Approved 09/13/2011 '�{: {� MDC Approved 10/24/2006 ff / MDC Approved 04/25/2006 /// 7. frf MDC Approved 03/08/2005 yq % zr _ (R-7.5B-2)Approvedl l cue ,l` CRZ to Conditional 03 08 2005 �' CUP(Motor Vehicle Sales)Approved 04/10/2002 CUP(Motor Vehicle Sales&Service)Approved 10/23/2001 CRZ(R-7.5 to Conditional B-2)Approved 10/23/2001 CUP(Motor Vehicle Sales&Service)Approved 10/10/1994 CRZ(R-7.5 to Conditional B-2)Approved 10/10/1994 CUP(Parking Lot&Storage)Approved 05/25/1993 CUP(Motor Vehicles Sales&Service)Approved 05/23/1988 5 j CRZ(A-12 to Conditional B-2)Approved 02/27/2001 Application Types CUP—Conditional Use Permit MDC—Modification of Conditions STC—Street Closure SVR—Subdivision Variance REZ—Rezoning MDP—Modification of Proffers FVR—Floodplain Variance LUP—Land Use Plan CRZ—Conditional Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental Evaluation & Recommendation These requests for a Modification of Proffers and Modification of Conditions are, in Staff's opinion,acceptable.The request is consistent with the policies and goals set forth in the Comprehensive Plan for the Suburban Area,as the auto sales business provides a service to the surrounding area and is compatible with the number of automobile related service uses along Virginia Beach Boulevard. Section 5A.4 of the Site Plan Ordinance requires a minimum of 12 percent of the display area to be planted, which equates to approximately 2,210 square feet for the proposed development.As shown on the submitted Conceptual Plan,the proposal exceeds this requirement by approximately 118 square feet. In addition,the street frontage plantings proposed along both rights-of-way, building foundation plantings, interior parking lot trees, and the required 15-foot- wide Category IV landscape buffer meets,and in some instances,exceeds the requirements set forth in the City's Zoning Ordinance.As mentioned,the previous approval required the installation of a six-foot tall all-weather privacy fence adjacent to the apartment districts to provide additional screening for the residences to the north and east.The applicant is requesting that the condition be removed, as there is an existing eight-foot-tall privacy fence installed in the rear of those adjacent properties. Staff is amendable to this request but has recommended a condition which states that Winner's Properties, LLC Agenda Items 2 &3 Page 3 if the adjacent property owner's privacy fences are ever removed,the property owner of the dealership must install a six-foot tall solid all-weather privacy fence on the subject property. Also,to ensure adequate screening is provided for the residences to the north and east of the property,the applicant has agreed that the plantings within the 15-foot-wide Category IV buffer will be installed at a height of six to eight feet and maintained at a minimum of 25 feet,as noted in condition 5. The Conceptual Site Plan, previously approved by City Council, will change slightly to increase the size of the building from 22,000 square feet to 33,273 square feet and the construction of the proposed 1,105 square foot canopy for the cleaning and prepping of vehicles during inclement weather. In Staff's opinion,the installation of the canopy in the rear of the building will eliminate the visibility of the preparation of vehicles from the public right-of-way and should not cause any adverse impacts to the surrounding properties. The traffic generated by this Motor Vehicle Sales and Service business will result in a total of 733 average daily trips.As mentioned previously,the applicant is proposing to provide an additional ingress/egress access point along Nelms Lane, increasing the number of curb cuts on this property from two to three. Staff has no objection to the new proposed curb cut along Nelms Lane, as it meets commercial standards of a 30-foot width. As this site is located in the Chesapeake Bay Watershed,a preliminary stormwater analysis is not required prior to this item being reviewed by the Planning Commission and the City Council.According to the applicant, underground storage is proposed to address water quality and quantity on site.An in-depth review of the stormwater management strategy to ensure that it complies with all stormwater regulations and that no negative impacts will occur upstream and downstream as a result of this development will take place during the site plan review process. Based on the considerations above,Staff recommends approval of these requests subject to the proffers and conditions listed below. Proffers The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement(CZA).The applicant, consistent with Section 107(h)of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)).Should this application be approved,the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: When the Property is developed, it shall be developed substantially as shown on the exhibit entitled "Conceptual Site Layout Plan of Checkered Flag-Audi" (the "Concept Plan") prepared by Orbis Landscape Architects dated May 26, 2023, which Concept Plan has been exhibited to the City Council and is on file in the Department of Planning. PROFFER 2: When the Property is developed, it shall be landscaped substantially as shown on the exhibit entitled "Conceptual Site Layout Plan of Checkered Flag-Audi" (the "Landscape Plan") prepared by Orbis Landscape Architects dated May 26, 2023,which Landscape Plan has been exhibited to the City Council and is on file in the Department of Planning. PROFFER 3: When the Property is developed,the building elevations will be as depicted on the exhibit entitled "New Building for Checkered Flag Audi, 5220 Virginia Beach Boulevard, Virginia Beach,VA 23462" (the "Elevations") prepared by Covington Hendrix Anderson Architects dated March 14, 2023,which Elevations have been exhibited to the City Council and is on file in the Department of Planning. Winner's Properties, LLC Agenda Items 2 &3 Page 4 PROFFER 4: When the Property is developed,the design of the signage will be as depicted on the exhibit entitled "Audi Virginia Beach, Exterior Package" (the "Signage") prepared by Blair Image Elements dated January 23, 2023,which Signage has been exhibited to the City Council and is on file in the Department of Planning. PROFFER 5: All exterior lighting shall be low intensity and residential in character and shall overlap and be uniform throughout the parking area. Per§237 of the City Zoning Ordinance,all outdoor lights shall be shielded to direct light and glare onto the auto sales &service premises;said lighting and glare shall be deflected,shaded, and focused away from all adjoining property.Any outdoor lighting fixtures shall not need be erected any higher than 14 feet.A Lighting Plan and/or Photometric Diagram Plan shall be submitted during detailed site plan review.Said plan shall include the location of all pole-mounted and building mounted lighting fixtures,and the listing of lamp type,wattage, and type of fixture. All lighting on the site shall be consistent with those standards recommended by the Illumination Engineering Society of North America.The plan shall include provisions for implementing low-level security for non-business hours. PROFFER 6: The use of the Property shall be for automobile sales and service,display and showroom, rentals and/or accessory parking. PROFFER 7: Vehicular ingress and egress shall be limited to three (3)entrances,with one(1)entrance for ingress and egress from and to Virginia Beach Boulevard and two (2)entrances for ingress and egress from and to Nelms Lane. Staff Comments:Staff has been reviewed the Proffers listed above and finds them acceptable.The City Attorney's Office has reviewed the agreement and found it to be legally sufficient and in acceptable legal form. Recommended Conditions 1. All conditions attached to the previous Conditional Use Permit granted on January 20, 2015, are hereby deleted, and superseded by the following conditions. 2. When the property is redeveloped, it shall be in substantial conformance with the concept plan entitled "Conceptual Site Layout Plan of Checkered Flag-Audi", prepared by Orbis Landscape Architects, dated May 26, 2023,which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning& Community Development. 3. A Landscape Plan shall be submitted at the time of final site plan review reflective of the location and plant material depicted on the conceptual site plan exhibit referenced in Condition 2 above,which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning&Community Development. 4. The exterior of the building shall be in substantial conformance with the appearance, size, color, and materials shown on the submitted elevations entitled "New Building for Checkered Flag Audi- 5220 Virginia Beach Boulevard, Virginia Beach,VA 23462, prepared by Covington Hendrix Anderson Architects, dated March 14, 2023,which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning&Community Development. 5. The plantings within the 15-foot-wide Category IV Landscape buffer shall be six to eight feet in height at installation and maintained at a minimum of 25 feet. Winner's Properties, LLC Agenda Items 2 & 3 Page 5 6. If the adjacent property owner's privacy fences are ever removed,the property owner must replace it with a six-foot tall solid all-weather privacy fence to be installed on the subject property. 7. All signage on the site shall meet the requirements of the Zoning Ordinance.A separate sign permit shall be obtained from the Department of Planning& Community Development for the installation of any new signage. 8. All garage doors shall remain closed other than for the maneuvering of vehicles in and out of the service bays. 9. All automotive repair work shall be conducted inside the building. 10. There shall be no storage of tires, merchandise,or debris of any kind outside of the building. 11. No vehicles for sale or rent shall be parked within any portion of the public rights-of-way. 12. No vehicles shall be displayed on raised platforms,earthen berms, landscape islands, or any other structure designated to display a vehicle higher than the elevation of the main parking lot. 13. No loud speakers,outdoor paging system, outdoor speaker system or outdoor sound amplification system shall be permitted on site. 14. There shall be no signs which contain or consist of pennants, ribbons, streamers,spinners, strings of light bulbs, or other similar moving devices on the site or on the vehicles.There shall be no signs which are painted, pasted, or attached to the windows, utility poles,trees, or fences, or in an unauthorized manner to walls or other signs.There shall be no portable or nonstructural signs, or electronic display signs on the site.There shall be no neon or electronic display signs,or accents installed on any wall area of the exterior of the building, in or on the windows, or on the doors. No window signage shall be permitted. 15. All outdoor lights shall be shielded to direct light and glare onto the premises,said lighting and glare shall be deflected,shaded,and focused away from all adjoining properties. A Lighting Plan and/or Photometric Diagram Plan shall be submitted during detailed site plan review. 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. Previous Proffers from 2015 Agreement The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement(CZA).The applicant,consistent with Section 107(h)of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to"offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved,the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. Winner's Properties, LLC Agenda Items 2&3 Page 6 PROFFER 1: When the Property is developed, it shall be developed substantially as shown on the exhibit entitled, "Conceptual Site Layout and Landscape Plan of Checkered Flag—Land Rover/Jaguar,Virginia Beach,Virginia,"dated August 25, 2014, prepared by MSA, Inc.,Virginia Beach,Virginia,which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning(hereinafter"Site Plan"). PROFFER 2: When the Property is developed, it shall landscaped substantially as shown on the exhibit entitled, "Conceptual Site Layout and Landscape Plan of Checkered Flag—Land Rover/Jaguar,Virginia Beach,Virginia," dated August 25, 2014, prepared by MSA, Inc.,Virginia Beach,Virginia,which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning(hereinafter"Landscape Plan"). PROFFER 3: When the Property is developed,the building elevations will be as depicted on the exhibits entitle, "Checkered Flag Jaguar Land Rover,dated September 24, 2014, prepared by Lyall Design Architects which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning(hereinafter "Elevations"). PROFFER 4: When the Property is developed, the design of the signage will be in substantial conformance with the sign exhibits entitled, "Multibrand 8,Jaguar Portico Logo Face Mounted, Land Rover Landmark Tower," herein exhibited to the Virginia Beach City Council and on file with the Virginia Beach Department of Planning(hereinafter"Signage"). PROFFER 5: All exterior lighting shall be low intensity and residential in character and shall overlap and be uniform throughout the parking area. Per Section 237 of the City Zoning Ordinance,all outdoor lights shall be shielded to direct light and glare onto the auto sales and service premises;said lighting and glare shall be deflected,shaded, and focused away from all adjoining property. Any outdoor lighting fixtures shall not be erected any higher than 14 feet.A Lighting Plan and/or Photometric Diagram Plan shall be submitted during detailed site plan review. Said plan shall include the location of all pole-mounted and building-mounted lighting fixtures,and the listing of lamp type, wattage, and type of fixture. All lighting on the site shall be consistent with those standards recommended by the Illumination Engineering Society of North America. The plan shall include provisions for implementing low-level security lighting for non-business hours. PROFFER 6: The use of the Property shall be for automobile sales and service,display and showroom, rentals and/or accessory parking. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. Previous Conditions from 2015 CUP 1. With the exception of any modifications required by any of these conditions or as a result of development site plan review,the site shall be developed substantially in conformance with the exhibit entitled, "Conceptual Site Layout& Landscape Plan of Checkered Flag—Land Rover/Jaguar,Virginia Beach,Virginia," prepared by MSA, P.C., dated 08/25/14,which has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 2. The proposed building shall be constructed substantially in accordance with the submitted elevations.Said Winner's Properties, LLC Agenda Items 2 &3 Page 7 elevations have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Planning Department. 3. A landscape plan shall be prepared by a landscape professional and submitted for Development Services Center review and shall depict an all-weather solid fence,minimum height of six(6)feet to be installed along all property lines adjacent to the A-12 Apartment District. 4. Any existing"nonconforming"free-standing signs shall be removed.The freestanding sign(pylon sign as identified on the plan referenced in Condition 1 above)shall be as depicted on the exhibit entitled,"Multibrand 8,"and shall be limited to eight feet in height. 5. All garage doors shall remain closed other than for the maneuvering of vehicles in and out of service bays. 6. All parking lot lighting shall be directed inward and shall not reflect toward the adjacent properties and city streets.A photometric plan shall be submitted for Development Services Center review. 7. No loud speakers,outdoor paging system,outdoor speaker system or outdoor sound amplification system shall be permitted on site. 8. No vehicles for sale or rent shall be parked within any portion of the public rights-of-way. 9. No outside storage of parts,equipment,or vehicles wrecked or in a state of obvious disrepair shall be permitted. If vehicles in this condition require storage,such vehicles shall be stored within the building. 10. All automotive repair work shall be conducted inside the building. 11. All existing chain link and barbed wire fencing shall be removed from the property.The use of chain link and/or barbed wire shall be prohibited from use along any property line adjacent to the A-12 Apartment District zoning or if visible from any right-of-way. Comprehensive Plan Recommendations The Comprehensive Plan recognizes this property as being within the Suburban Area of the city but is adjacent to the Pembroke Strategic Growth 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. The addition of an overhang on the rear of the building should not have a major impact on the overall development of this site, but the general height and massing of the new building should be considered so it does not negatively impact the adjacent residential uses, particularly in terms of blocking sunlight and nuisance noise issues associated with auto-related uses. 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. Winner's Properties, LLC Agenda Items 2 & 3 Page 8 Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Virginia Beach Boulevard 37,480 ADT 39,940 ADTi(Los aC") 64,260 ADT (LOS "E") Existing Land Use 2—288 ADT Proposed Land Use 3—733 ADT Nelms Lane No Data Available 9,900 ADT 1(LOS°"D") 1 Average Daily Trips 1 as defined by a 2.54-acre B-2 3as defined by a 33,273 square 4 LOS=Level of Service zoned parcel foot auto dealership Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Virginia Beach Boulevard in the vicinity is considered an eight-lane divided major urban arterial. The MTP proposes an eight-lane facility within a 155-foot right-of-way. Nelms Lane is considered a two-lane undivided local street. It is not included in the MTP. No roadway CIP projects are slated for these streets in the vicinity of this application. Public Utility Impacts Water There is an existing 16-inch and 20-inch City water transmission main along Virginia Beach Boulevard and an existing 8- inch City water main along Nelms Lane.The site must connect to City water. Sewer There is an existing 8-inch and 10-inch City gravity sanitary sewer main and an existing 6-inch City sanitary sewer force main along Virginia Beach Boulevard. There is an existing 10-inch City gravity sanitary sewer main and an existing 4-inch sanitary sewer force main along Nelms Lane.The site must connect to City sewer. Public Outreach Information Planning Commission • The applicant reported that they sent a letter of notification to the Garnett Point Lake Condominium Association to inform them of the proposal and to answer any questions. At this time, no objections have been raised. • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on June 12, 2023. • As required by State Code,this item was advertised in the Virginian-Pilot on Wednesdays,June 28, 2023 and July 5, 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 June 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.virginiabeach.gov/planning on July 6, 2023. City Council • As required by City Code,this item was advertised in the Virginian-Pilot on Tuesdays,August 1,2023 and August 8, 2023. Winner's Properties, LLC Agenda Items 2&3 Page 9 • 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 July 31, 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 August 11, 2023. Winner's Properties, LLC Agenda Items 2&3 Page 10 GONGEPTU.�SITE.AYOUT PLAN OF p CHECKERED FL_AS - ,BUDI r1 CAWoaa P ,��, SRe AJea ROV : i 2.54 AC Stl Su.OW SM. .55215Y 0 in GPW: t46776082b3CM P,,O.00b1 Mb e"n YArtb Y; (D VIRGIN A BEACH,VIRGINIA / / '„°,'; U &2 TOTAL IE411'9 Q Use: Vehicle Sale. 97,5 S•K€MCO Y: 51 9.ba5. --.- %GT. MAXIM 7,xcCe3 XN rD f (f t4 . : L �/ 91R/NQIOSSRetra r '1 { ,tt 91!� _ - _ • .. 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'2 u.8...........aftor Ke..,-.......... 3 U§ _....- 3 m 2 iej 2, - ,i---11.- -14!4 U i • • .... .• .- .- '... ... .. .- , W< ELEVATION I g Fl ,. G 4.''".." .. --- - . •_,.,,t,, ,____...._ _ _ _ .',.' - 0 .s—. I.- i% I F.7•Vg z..*:' .., RIGHT SIDE ELEVATION _ . . I. _ . , ,,,...,, •... = - ..="It-'‘,.T.1: > rD t 62.11*1- 1,..)511 ail -,,.. -- _--- u m MSS .-- , = - - Cu 3 j ,7. —cs i .....— • . , I ,. .. 1* to rD I -- 4 @F.F.cSIDE ELEvATION - - -C7 B 4 1 A2.0 ail r rt) 90 1- 1--s 1- (--) Proposed Building Rendering dilipi ' •c:44 i="Vi„g�a 1 Audi Service T l I • Winner's Properties, LLC Agenda Items 2 & 3 Page 13 Proposed Dumpster Enclosure fnwuvfro nuu.ai�f ....o �..�'r -uw 1 I vsw 0 .,,, w9n , mv,u, _._, N" 0 /El�cxu _ �'6 B .... Y+,F/{^R if r.,u �..._•� �,+u.. ,4 .��.., b� .-� U- J ' x,.•Ra'' --�- cx.oa sn�a a�n qua,tvtat� 0 aria g ee a', 6:�y :tdp O h9 i S' �iQtl a t5 p "r 5 p 5 g � ,y ;, q'o 4 ! 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G. --LED Light Strip h--- S VI . e- P2 5225 Be ach ach My —El '---------------- - 1 4 k a beet Base r, to Base Corer with 2'Extension cl to Cul in Feld to Make Bottom of Cover Even vllh Concrete ---31R'x 25'x69'Concrete f r„, t—, Pad 4'Minimum Beyond eo Base Cover(dil Sides) (For informational Ilse Cn) ' - '-- Front/Rear Elevation Front/Rear Night View Side Elevation Scale.112'=1-0'Q 11x17 Scale:117=1'-0'Q 11x17 Scale:1(2 1-0'011x17 Winner's Properties, LL,-- Agenda Items 2 & 3 Page 15 Site Photos . lit ...„1,1*. .,..., :ioter,1"... , - • p. IWO a s ^'t ''a r a1-�11 'x -! 'l.l.Hai- i'I ' .„,.. il,,.,:4:d..4.1-e. :p1,4:::,i,"..,r4...,..",,,'4.1,.:-..._:: ': a,;,..:, ,,,. , .,-,z, .,?, - .ovi i n ,lit.").,,, 11. , .4kiell•,400i.,,i, il'2.,,'Ii5 'f•r.-.43•<WI,i•ti-• ' .: fi Ait- : '''.•-•, -,-. '. - •' 4' ':''15.lit;.'.''''' . , i �' k' Avila , . •TY a,� irglr, m Winner's Properties, LLC Agenda Items 2 & 3 Page 16 Site Photos r r ' r 11� .' �. _,:. ... ►.. - ,, 41 A -xrJ:'•.r .,..,..„ ;yea. r,.,w.., '� 1 ,.. q $ a y ss -. } f h x ct 11- 1 ....‘ , ,.... .,,,.:. , 4 -.+: ' :"OxA'6 " y', vita "9:* 'f gr"r- ,, .�.1 1° :- F ems. F ,f( ;• § 3 Elie .µ , :.ra)''' '1'.'41p- ip ;. •YF IN- +ia h - .'Y.-f x 'MK Winner's Properties, LLC Agenda Items 2 &3 Page 17 Disclosure Statement ,_.....-- -'r,^' .A^'�" .,..-'r "tom* .- "`rfav --- ,r .r ,---•- ... ..-r— r-:� ..- Y. F. Dis � t osure Statement d \. n 5 k 1 M� UI W1ll tliii il �f; y, � - ^NAY:�J'R�y.E,tda,I._•�''"`_ �{ +.; The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board,commission or other body. Applicant Disclosure Applicant Name WINNER'S PROPERTIES,LLC Does the applicant have a representative? ®Yes ❑No • If yes,list the name of the representative. KYLE D.KORTE,ESQ.,WOLCOTT RIVERS P.C.;and Billy Garrington Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?I Yes ❑No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Stephen M.Snyder,William Snyder,and Benjamin Snyder • If yes,list the businesses that have a parent-subsidiary)or affiliated business entity2 relationship with the applicant. (Attach a list if necessary) Please see attached Exhibit"A" 1"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. 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 entitles. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entitles;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.2020 1 I P a g e Winner's Properties, LLC Agenda Items 2 &3 Page 18 Disclosure Statement - 'Y'" 5r' -" """l..N"t-!'Srra r �� Tn]. .-er;+r.»r.- .t •-""T '"v' 4 a —�r^v."—r*":1'_�; �-'tr^.tr�-'nr_. a � 0'+ 1 C' � : � \. t - t is � s " ; c � ✓� 2'y. s -} {' `` Y f �-�. `T. , ft �" s .,� yr n x k'M Y t.. a ♦ d -. r.. 74 �Y arx ;} r � f r- Dtsctosure StatementY kk k,_ 5 �Ck f t t 1` p ; d b .1 �• s tfjn�OL Coniznu l �^ 5 -S r J4. J•;1 71A � f" -a • ,� Deveo�ment' 4 j t' -y 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 IN No • If yes,what is the name of the official or employee and what Is the nature of the Interest? N/A Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ®Yes ❑ No • If yes,identify the financial institutions providing the service. TowneBank 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes V No • If yes,identify the company and individual providing the service. N/A 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes IF No • If yes,identify the firm and Individual providing the service. N/A 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?®Yes ❑No • If yes,identify the firm and individual providing the service. Covington Hendrix Anderson Architects(Jerry Smith&Robert Antonio);Orbis Landscape Architecture(Nathan Lahy) 5. Is there any other pending or proposed purchaser of the subject property?❑Yes it No • If yes,identify the purchaser and purchaser's service providers. N/A Revised 11.09,2020 2( P a g e Winner's Properties, LLC Agenda Items 2 &3 Page 19 Disclosure Statement ,e.'Y 1 s ti 5� Disclosure�Statement t fti ' 4 3 x .. Shi ~ 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. Hourigan 7. Does the applicant have an engineer/surveyor/agent In connection with the subject of the application or any business operating or to be operated on the property?ii Yes ❑No • If yes,identify the firm and individual providing the service. MSA,P.C.,Scott Acey 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 0 No • If yes,identify the firm and individual providing the service. Wolcott Rivers P.C-,Kyle D.Korte,Esq. Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Applicant Signature , e QAe41 6I4 yd Print Name and Title /-2a23 Date Is the applicant also the owner of the subject property? a Yes 0 No • If yes,you do not need to fill out the owner disclosure statement. FOR-CITY us ONLY/All disclosures must.be.updatecl two(2)weeks.prior to tiny Planning Commission and City Council meeting'• that pertains to the applications . Eallo changes as of Date07/31/2023 Signature Print Name Marchelle L. Coleman Revised 11.09.2020 3 I P a g e Winner's Properties, LLC Agenda Items 2 &3 Page 20 Disclosure Statement (}^^ —. s {• r .�rr.—�-*T-r...-•--. �I--�±—f .,.,f '�f `� r. yr t Jk t' ' ;'•� .Y 7,7,1 4r :f { .t *i{ i 1' `_ w. ..F 'f't".r,' cr ,� :bj-k r F �,3 Disclosure Statement y ▪ L• f' 4 T y f �;• x_��' �1..�7 ...Y ^ t}' ,ii t wr L- <, ' ? + • hi, r �,. `1 $';,�. ..,�} { � �^+ •tia{ r Z cr C-i C� •-�S" �� ,.:•t w�f � ..V�K1 rrY�'w' .F h� 1 -"h t �4,, ;i` (G' �.... ,r e i ry, �i•`til s �t r.�.,r ':� f`�&IlIllrig�`. ,• 1'Z a i h��t.'a Owner Disclosure •`, Owner Name WINNER'S PROPERTIES,LLC Applicant Name WINNER'S PROPERTIES,LLC Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business?CM Yes ❑No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Stephen M.Snyder,William Snyder,and Benjamin Snyder • If yes,list the businesses that have a parent-subsidiary3 or affiliated business entity°relationship with the Owner. (Attach a list if necessary) See attached Exhibit"A" Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes ®No • If yes,what is the name of the official or employee and what is the nature of the interest? N/A 3"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. 4"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship Include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or• there is otherwise a close working relationship between the entities." See State and Local Government Conflict of interests Act,Va. Code§2.2-3101. Revised 11.09,2020 5 I P a g e Winner's Properties, LLC Agenda Items 2 &3 Page 21 Disclosure Statement E: -r: ,.,,5 ' 'rT —t u ate- T^.^W �^'^*,r--a 1 f. ,..v—�� _ a .P'L 'c",^^'�'.'r""14'"' 37,:, r r —»•�+•-n-��t-t-^'?L\ ? D L -v . '� 4'4; ti. K '!.t�, _` r :,i- 4-l. : 1 i T"v -,-:„,'..—;',-'-:-;-:, f:�: fr Y Disclosure Statement `{ �;. ;, ,__t 7 '.r . ,'t .,`s4 Y ,�Y f ! d l i ,s ; _ f r Jj z F - �. t+ d yf. ',` awL Y + i", s'* '' C f 4 r " t ,, ,,lecT,y�,, _r �77 ..ha t^, t t - 1 2- ,, 4 C. .rC. •,(1kgrgfr .t tU�l t YS,�I-r �,-';,7 +r. J ,., i_4 G R f t �� -,-, c 7 _ i z s 4 y P anrzin rnunrty F, •l, r h 1 x Development , x y .f Y Z r �„ 'K 4 a y� F • Owner Services Disclosure 1. Does the Owner have any existing financing(mortgage,deeds of trust,cross-coliateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ®Yes ❑No • If yes,identify the financial institutions providing the service. TowneBank 2. Does the Owner have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes ®No • If yes,identify the company and individual providing the service. N/A 3. Does the Owner have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?0 Yes I No • If yes,identify the firm and Individual providing the service. N/A , 4. Does the Owner have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?®Yes 0 No • If yes,identify the firm and individual providing the service, Covington Hendrix Anderson Architects(Jerry Smith&Robert Antonio);Orbis Landscape Architecture(Nathan Lahy) 5. Is there any other pending or proposed purchaser of the subject property?0 Yes I No • If yes,identify the purchaser and purchaser's service providers. N/A 6. Does the Owner have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?®Yes 0 No • If yes,identify the company and individual providing the service. Hourigan 7. Does the Owner have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?®Yes ❑No • If yes,identify the firm and individual providing the service. NASA,P.C.,Scott Acey Revised 11.09.2020 6 I P a g e Winner's Properties, LLC Agenda Items 2 &3 Page 22 Disclosure Statement yr s!' 1 F..,s# ,, r r'''-C ' 7 �^ t � �. ,r-, ,? ♦ -.r r ., t 5 <. ��j 1�., d Jf�;� _.1 ' �.,- , � • - t 1 -t ¢... ,5 ff}�. r of y� ` 4 -� x L.i k C.I.:S: � .. 3- 'Disclosure Statement g Yy _ r� % C,• R hi,Ly 5., t' �� Zf 4�-.�) 3h',h { i`. F y. ti' S � nti., t .� f..; { „� �Y� Y- b of i�sfl��STTl.17��ApT1TM�. �4 ►J►lt4 F,�t�1.� 'f ',F k i ?YY+ t •'. .� `-' si'. •C t �.. t e ="- ➢`,f1GYi:ill.,s� 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. Wolcott Rivers P.C.,Kyle D.Korte,Esq, Owner Signature certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Owner Signature Print Name and Title 45'—/-Zo2.3 Date Revised 11.09.2020 7 I P a g e Winner's Properties, LLC Agenda Items 2 &3 • Page 23 Disclosure Statement Exhibit A List of Winner's Properties,LLCAfliated Entities • CHECKERED FLAG MOTOR CAR COMPANY,INC. • CHECKERED FLAG STORE#1,L.L.C. • CHECKERED FLAG STORE#2,L.L.C. • CHECKERED FLAG STORE#3,L.L.C. • CHECKERED FLAG STORE#4,L.L.C. • CHECKERED FLAG STORE#5,L.L.C. • CHECKERED FLAG STORE#6,L.L.C. • CHECKERED FLAG STORE#8,L.L.C. • CHECKERED FLAG STORE#9,L.L.C. • CHECKERED FLAG STORE#10,L.L.C. • CHECKERED FLAG STORE#11,L.L.C. • CHECKERED FLAG STORE#12,L.L.C. • EVERGREEN VIRGINIA,LLC • CHECK LEASE,LLC • CAVALIER PROPERTY,,LLC • PATRICK HENRY PROPERTY,LLC • CENTRAL DRIVE PROPERTY,LLC • 1801 VB BLVD,LLC • 2697 DEAN DRIVE,LLC • 4525 SOUTH BLVD,LLC • 4560 SOUTH BOULEVARD,LLC As of 04/19/2023 Winner's Properties, LLC Agenda Items 2 &3 Page 24 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division,and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Winner's Properties, LLC Agenda Items 2 &3 Page 25 WINNER'S PROPERTIES, LLC, a Virginia limited liability company TO (MODIFICATION TO PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS MODIFICATION TO PROFFER AGREEMENT, is made this 6th day of June, 2023,between and among WINNER'S PROPERTIES,LLC, a Virginia limited liability company, Grantor, party of the first part; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee,party of the second part. WITNESSETH: WHEREAS, the Grantor is the owner of a parcel of real property located in the District 4 of the City of Virginia Beach,Virginia,containing approximately 2.54 acres of land,which is more particularly described in Exhibit A attached hereto and incorporated herein by this reference (the "Property"); and WHEREAS, Grantor is the successor-in-interest to EVERGREEN VIRGINIA, L.L.C. ("Evergreen"), a Virginia limited liability company; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various types of uses, certain reasonable GPIN NO.: 1467-76-0828-0000 Prepared by: Kyle D.Korte, Esq.VSB No. 71162 Wolcott Rivers Gates 200 Bendix Road, Suite 300 Virginia Beach,VA 23452 conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to cope with the situation to which Grantor's application gives rise; and WHEREAS,the application of Evergreen for a conditional use permit was approved by the City Council of the City of Virginia Beach; and WHEREAS, by Proffered Covenants Restrictions and Conditions dated October 22, 2014 and made by Evergreen and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia on January 23, 2015 at Instrument No. 20150123000063870 (the "Original Proffer Agreement"), Evergreen voluntarily subjected the Property to certain proffered conditions and restrictions (the "Original Proffers"); WHEREAS, the development proposed by Evergreen for the Property contemplated a Land Rover/Jaguar Dealership with a two-story sales building, and; WHEREAS, the project proposed by Grantor is an Audi dealership with two-story sales building, similar, but not identical, in design and construction to what was previously approved and is currently on file. NOW THEREFORE, Grantor has made application to the Grantee to modify the Proffers in part and accordingly,voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning,rezoning, site plan, building permit, or subdivision approval, Grantor hereby makes the following modification to declaration of conditions and restrictions which shall restrict and govern the physical development, operation and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property, which shall be binding upon the 2 Property and upon all parties and persons claiming under or through the Grantor, its successors, personal representatives, assigns, Grantee, and other successors in interest or title: All of the enumerated Original Proffers are hereby deleted in their entirety and in the place and stead thereof, the following are substituted: 1. When the Property is developed, it shall be developed substantially as shown on the exhibit entitled"Conceptual Site Layout Plan of Checkered Flag-Audi"(the "Concept Plan") prepared by Orbis Landscape Architects dated May 26, 2023, which Concept Plan has been exhibited to the City Council and is on file in the Department of Planning. 2. When the Property is developed, it shall be landscaped substantially as shown on the exhibit entitled"Conceptual Site Layout Plan of Checkered Flag-Audi"(the "Landscape Plan") prepared by Orbis Landscape Architects dated May 26, 2023, which Landscape Plan has been exhibited to the City Council and is on file in the Department of Planning. 3. When the Property is developed, the building elevations will be as depicted on the exhibit entitled "New Building for Checkered Flag Audi, 5220 Virginia Beach Boulevard,Virginia Beach,VA 23462"(the"Elevations")prepared by Covington Hendrix Anderson Architects dated March 14, 2023, which Elevations have been exhibited to the City Council and is on file in the Department of Planning. 4. When the Property is developed, the design of the signage will be as depicted on the exhibit entitled "Audi Virginia Beach, Exterior Package" (the "Signage") prepared by Blair Image Elements dated January 23, 2023, which Signage has been exhibited to the City Council and is on file in the Department of Planning. 5. All exterior lighting shall be low intensity and residential in character and 3 shall overlap and be uniform throughout the parking area. Per §237 of the City Zoning Ordinance, all outdoor lights shall be shielded to direct light and glare onto the auto sales & service premises; said lighting and glare shall be deflected, shaded, and focused away from all adjoining property. Any outdoor lighting fixtures shall not need be erected any higher than 14 feed. A Lighting Plan and/or Photometric Diagram Plan shall be submitted during detailed site plan review. Said plan shall include the location of all pole-mounted and building mounted lighting fixtures, and the listing of lamp type, wattage, and type of fixture. All lighting on the site shall be consistent with those standards recommended by the Illumination Engineering Society of North America. The plan shall include provisions for implementing low-level security for non-business hours. 6. The use of the Property shall be for automobile sales and service, display and showroom,rentals and/or accessory parking. 7. Vehicular ingress and egress shall be limited to three(3) entrances,with one (1) entrance for ingress and egress from and to Virginia Beach Boulevard and two (2) entrances for ingress and egress from and to Nelms Lane. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code requirements. Other than as specifically modified herein, the Original Proffer Agreement recorded in the aforesaid Clerk's Office at Instrument No. 20150123000063870, is hereby ratified, restated and confirmed and shall be in full force and effect. [Signatures Begin on Next Page] 4 • • WINNER'S PROPERTIES,LLC, a Virginia limited liability company ,6trii— By: (SEAL) Name: 514 ° '6 d ec Title: /41i-do,/ COMMONWEALTH OF VIRGINIA CITY OF ,,` , to-wit: the undersigned, Notary Public in and for my City and State aforesaid, do hereby certify that ` , of WINNER'S PROPERTIES, LLC, a Virginia limited liab ity company,.whose name 's signed to the foregoing instruwnt, has acknowledged the same before me this \ day of , 2023, who is personally know to me or has produced as identification. ii&//ta,(p 1:2C/ Notary Public My Commission Expires: L abil0 My Commission Number: () ,volumm,,,►,,,, 4' NOTARY G s f PUBLIC _ REG.#7621336 , I:•MY COMMISSION Q 1 CA : EXPIRES i 0 .%. 04/3012026 f.4, 6. • • 4 ,''%,Nv'EALT�14 0 ,*o`'� 5 Exhibit"A" To Modification of Proffers ALL THAT certain lot, piece or parcel of land, located in Virginia Beach, Virginia, known and designated as "PARCEL B GPIN: 1467-76-0828-0000 AREA= 110,874 SF OR 2.545 AC" as shown on that certain plat dated January 14,2019,made by MSA, P.C., and entitled "RESUBDIVISION PLAT OF PROPERTY OF EVERGREEN VIRGINIA, L.L.C. (M.B. 23,PG. 9)(D.B. 251,PG. 568)(M.B. 14,PG. 28)(M.B. 14, PG. 35) (D.B. 2354, PG. 1213) VIRGINIAA BEACH, VIRGINIA", which said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia,as Instrument No. 20190711000570180. IT BEING the same property conveyed by deed dated July 9, 2014 from Richard R. Early, Successor Trustee of the Everette H. Lawrence Family Trust, to Evergreen Virginia,L.L.C.,recorded August 1,2014 in the aforesaid Clerk's Office as Instrument No. 20140801000706110. IT ALSO BEING the same property conveyed by deed dated July 9, 2014 from Richard R. Early, Successor Trustee of the Everette H. Lawrence Family Trust, Richard R. Early, Successor Trustee of the Julia H. Lawrence Trust, and Thomas H. Lawrence,to Evergreen Virginia,L.L.C.,recorded August 1,2014 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument No. 20140801000706120. IT ALSO BEING the same property conveyed by deed dated July 11, 2014 from Krambias Properties, L.L.C., a Virginia limited liability company, to Evergreen Virginia, L.L.C., a Virginia limited liability company, recorded July 14, 2014 in the aforesaid Clerk's Office as Instrument No. 20140714000636630. IT ALSO BEING the same property conveyed by deed dated September 11, 2014 from Richard R. Early, Successor Trustee of the Julia H. Lawrence Trust, to Evergreen Virginia, L.L.C.;a Virginia limited liability company,recorded September 11,2014 in the aforesaid Clerk's Office as Instrument No.20140911000862110. IT ALSO BEING the same property conveyed by deed dated July 18, 2005 from Young & Young, a Virginia general partnership, to Evergreen Virginia, L.L.C., a Virginia limited liability company, recorded July 21, 2005 in the aforesaid Clerk's Office as Instrument No. 200507210113007. 6 EXHIBIT A ALL THAT certain lot, piece, or parcel of land, located in Virginia Beach, Virginia,known and designated as"PARCEL B GPIN.1467-76-0828-0000 AREA=110,874 SF OR 2.545 AC"as shown on that certain plat dated January 14, 2019, made by MSA, P.C., and entitled"RESUBDIVISION PLAT OF PROPERTY OF EVERGREEN VIRGINIA L.L.C. (D.B. 251, PG. 568) (M.B. 14, PG 28) (M.B. 14, PG. 35) (D.B. 2354,PG. 1213) VIRGINIA BEACH, VIRGINIA", which said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia, as Instrument No. 20190711000570180. IT BEING the same property conveyed by deed dated November 2,2022 from Evergreen Virginia, L.L.C., a Virginia limited liability company, to Winner's Properties, LLC, a Virginia limited liability company, recorded November.3, 2022 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as-Instrument No. 2022030556194. Virginia Beach Planning Commission July 12, 2023, Public Meeting Agenda Items# 2 & 3 Winner's Properties, LLC RECOMMENDED FOR APPROVAL— CONSENT Mr. Horsley: Thank you. Next item on the consent agenda is Winner's Property LLC, modification of proffers. Is there a representative? Mr. Garrington. Mr. Garrington: Thank you, Mr. Chairman. Ladies and gentlemen of the Planning Commission, for the record, Billy Garrington on behalf of the applicant. The applicant in this case is Winners Property, LLC Checker Flag Audi 5200 Virginia Beach, Boulevard. The report that you have staff report that you have has the seven proffers that we submitted with this in the 15 conditions that the staff has placed upon this in total agreement with those conditions. We have contacted the adjoining property owners, as we were instructed to do. I personally put the signs up, so I know the signs have been up in a timely fashion. So, we're here today and we're in agreement with the staff report. Mr. Horsley: Thank you, Mr. Garrington. Is there any opposition to this application? Hearing none, I asked Commissioner Byler and she would read this into the record. Ms. Byler: The applicant Winners Properties. LLC is seeking to amend proffers and conditions associated with the conditional rezoning and conditional use permit that was issued by the City Council January 20, 2015 on property located at 5200 Virginia Beach Boulevard. The modifications include addition of a second curb cut along Nelms Lane, removal of a requirement for a six-foot fence to increase the overall building size from approximately 22,000 to 33,000 and an approximate 1,100 square foot canopy in the rear of the building that will be used for cleaning vehicles. Staff has recommended approval with conditions. There is no opposition and we have requested that it be added to the consent. Mr. Horsley: That concludes the consent agenda today and at this time I'll make a motion that we approve item number one, Milestone Tower LLC, item number two and three, Winners Properties, LLC, item number four Alexander Page Polk Trustee for the Alexander Page Polk Trust, number five, First Class Events Rentals. Number six Bow Eyebrow LLC, number seven City of Virginia Beach, number 10 Ascension's Group LLC, number eleven and number twelve, Porpoise LLC. Mr. Alcaraz: All right, thank you. Do I have a second for the motion for these consent agendas? Mr. Clemons:Second. Mr. Alcaraz: Second by Mr. Clemons? Thank you. Madam Clerk: The vote is now open. By a vote of 10 to 0, items 1, 2, 3, 4, 5, 6, 7, 10, 11, and 12 have been recommended for approval. AYE 10 NAY 0 ABS 0 ABSENT 0 Alcaraz AYE Anderson AYE Byler AYE Clemons AYE Coston AYE Cuellar AYE Estaris AYE Horsley AYE Parks AYE Plumlee AYE i \0/,, Al r, f ❑D w L 9i5 r ____, , rim \\ , , //r , `.. , - I Z.,/ I a) r 1 1=1 > ❑ By B' co 1 w i 1 / ..., : ..L , _____________________ ______________ _ .:____. ._ _______________.• .._____________ Bonney Road ----—_ -__------- __-_ — A18 v.4 Site Cr- ' Property Polygons First Class Event Rentals, LLC `i w.-7;. Zoning 4020 Bonney Road, Suite 101 wilding Feet 0 15 30 60 90 120 150 180 ry�.CANU '� 1 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: FIRST CLASS EVENT RENTALS, LLC [Applicants] W.E. SAMS PROPERTIES, LLC [PROPERTY OWNER] Conditional Use Permit (Assembly Use) for the property located at 4020 Bonney Road, Suite 101 (GPIN 1487038750). COUNCIL DISTRICT 4 MEETING DATE: August 15, 2023 • Background: The applicant is requesting a Conditional Use Permit for an Assembly Use to operate an event rental space for small gatherings within a 1,100 square foot unit in the Thalia Shoppes shopping center. Specifically, the applicant proposes to rent the venue to the public for birthday parties, baby showers, and pop-up shops. Hours of operation shall be limited to 10:00 a.m. to 11:00 p.m., Monday through Sunday. A maximum number of 40 guests is anticipated per event; however, the maximum occupant load will ultimately be determined by the Building Official and Fire Marshal's Office. Staff has included a condition to prohibit outdoor events, including the use of speakers or playing of amplified music outdoors. There will be no significant modifications to the site or to the exterior of the building. • Considerations: The proposed Conditional Use Permit is acceptable given that it is consistent with the Comprehensive Plan's vision for the Rosemont Strategic Area (SGA). The assembly use helps to maintain great neighborhoods by providing an affordable amenity to the community for the use of gatherings and social events. The minimum parking requirement is exceeded by 9 spaces. Since the proposed use is consistent with typical shopping center uses, the proposed use is not anticipated to generate an increase in traffic. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. There is no known opposition to this request. • Recommendation: On July 12, 2023, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 10-0. 1 . A business license for the Assembly Use shall not be issued to the applicant without the approval of the Health Department to ensure consistency with the provision of Chapter 23 of the City Code. First Class Event Rentals, LLC Page 2 of 2 2. The applicant shall obtain all necessary permits and inspections from the Department of Planning & Community Development/Permits and Inspections Division. The applicant shall secure a Certificate of Occupancy for use of the existing building as an Assembly Use. 3. The maximum occupancy load 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. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon, electronic display or similar sign installed on the exterior of the building or in any window, or on the doors. A separate sign permit shall be obtained from the Department of Planning & Community Development for the installation of any new signs. 5. All event activities shall occur within the building. Outdoor events shall be prohibited unless specifically permitted with a Special Event permit. 6. No amplification of music or use of speakers shall be permitted except within the enclosed building. 7. Hours of operation shall be limited to 10:00 a.m. to 11:00 p.m., Monday through Sunday. ■ 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: OP Applicant First Class Event Rentals, LLC Property Owner W. E. Sams Properties, LLC Agenda Item Planning Commission Public Hearing July 12, 2023 c�ryof City Council District 4 5 Virginia Beach Request Conditional Use Permit (Assembly Use) Staff Recommendation cK Approval SE1 i 1 1 EM I ! i '9ly RO, III 0 ? 0 cc Q7 U E 2 V j V/R v' LAMPL AVE E Staff Planner Z W Q W N,y so Michaela McKinney D ct < a N Fa n a m a m z H Z )_.-4 Location SOUTHERN BLVD 4020 Bonney Road,Suite 101 GPIN o <a -.'BONNEY RD O 1487038750 N Site Size ) L� i i V VA J1,100 square feet y m A NVERNESS RD p > ° AICUZ * i W PINE OAK RD ,p Less than 65 dB DNL o WALES DR `\ 0 HTf10 8� Watershed Nm U __.- �� so'''` \ \ 1 Chesapeake Bay Existing Land Use and Zoning District Shopping center/B-2 Community Business 4-- \ ; MAJESTIC CIR { Surrounding Land Uses and Zoning Districts '` r, _.! ' `_,,f North ' 1-24-61116" ' . 1-... -,-- , 7 Townhomes/A-12 Apartment ' , el • South * 1 r i :I Bonney Road `r ' ` F� Multi-family dwellings/A-18 Apartment i _ �. j:.i East - - -- F- {F' -'r : Gas station, restaurant /B-2 Community Business , p,Jr ^' West 4`T D BONNEV R Townhomes/A-12 Apartment -- 'r ,1 'M First Class Event Rentals, LLC Agenda Item 5 Page 1 Background & Summary of Proposal • The applicant is requesting a Conditional Use Permit for Assembly Use to operate an alcohol-and tobacco-free venue in suite 101 of the Thalia Shoppes Shopping Center.The shopping center is located along Bonney Road on property zoned B-2 Community Business District.The use will take place in a 1,100 square-foot suite in an existing shopping center. • The venue, First Class Event Rentals,will host baby showers, pop-up shops, business meetings, and birthday parties. Food will only be prepped and served, as there will be no kitchen onsite. No alcoholic beverages or smoking products will be served or allowed onsite. • The applicant estimates the number of guests at any event will range from 35 to 40. However,the maximum occupant load of the event space will ultimately be determined by the Building Official and the Fire Marshal. • Typical hours of operation are 10:00 a.m.to 11:00 p.m., seven days a week. • Per the Zoning Ordinance,one parking space per 250 square feet of floor area is required for this shopping center. The total floor area of the buildings on site is 24,680 square feet, resulting in the minimum parking requirement of 99 parking spaces.There are 108 parking spaces on the site exceeding the minimum parking requirement by nine spaces. • The applicant proposes to have building and door signage on the exterior of the building.The existing box signage above the door will be replaced with the applicant's logo, "First Class Event Rentals". Door signage will include the applicant's logo and hours of operation. No significant exterior changes to the building are proposed. RMAJESTIC CIR — y� Fx B2 A / Zoning History 1 # Request 1. 1 CUP(Automobile Service Station)Approved 04/19/2023 sower RD Alt B1 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—ConditionalRezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental Evaluation & Recommendation In Staff's opinion,this request for a Conditional Use Permit for Assembly Use is acceptable. The use is consistent with the Comprehensive Plan's recommendations for the Rosemont Strategic Growth Area (SGA)and is compatible with the existing shopping center, as it provides a substance free location for community members to gather.As this site is only First Class Event Rentals, LLC Agenda Item 5 Page 2 accessed from Bonney Road,there should be no vehicular impact on the adjacent residential areas. Due to the business's close proximity to residences to the north and west, all activities and music will take place within the building. Staff has recommended conditions 4&5 to ensure all activities take place within the building and that there be no amplification of music or use of speakers outdoors. The shopping center exceeds the minimum parking requirement, as defined in Section 203 of the Zoning Ordinance, by nine spaces. It is staff's opinion that the proposed assembly use will not result in a significant increase in traffic in this established strip shopping center as the use is consistent with typical strip shopping center uses. Based on these considerations, Staff recommends approval of the application subject to the following conditions in this report. Recommended Conditions 1. A business license for the Assembly Use shall not be issued to the applicant without the approval of the Health Department to ensure consistency with the provision of Chapter 23 of the City Code. 2. The applicant shall obtain all necessary permits and inspections from the Department of Planning&Community Development/Permits and Inspections Division.The applicant shall secure a Certificate of Occupancy for use of the existing building as an Assembly Use. 3. The maximum occupancy load 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. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon, electronic display or similar sign installed on the exterior of the building or in any window, or on the doors. A separate sign permit shall be obtained from the Department of Planning&Community Development for the installation of any new signs. 5. All event activities shall occur within the building. Outdoor events shall be prohibited unless specifically permitted with a Special Event permit. 6. No amplification of music or use of speakers shall be permitted except within the enclosed building. 7. Hours of operation shall be limited to 10:00 a.m.to 11:00 p.m., Monday through Sunday. 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. First Class Event Rentals, LLC Agenda Item 5 Page 3 Comprehensive Plan Recommendations The subject property is located within the Rosemont Strategic Growth Area. While this area is designated for townhouse uses in the future, a commercial use going into an existing commercial center would be supported by the Comprehensive Plan. Natural & Cultural Resources Impacts The site is located in the Chesapeake Bay Watershed. There are no known natural or cultural impacts. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Bonney Road 13,500 ADT' 25,100 ADT'{LOS 2"D") No Change Anticipated 3 iAverage Daily Trips 2 as defined by a strip shopping 3 LOS=Level of Science center Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Bonney Road in the vicinity of this application is a four-lane undivided minor urban arterial. It is shown as an undivided facility on a 70 foot R/W on the MTP Map. There are no proposed CIP projects for Bonney Road in the area of this application. Public Utility Impacts Water & Sewer This site is connected to City water& sanitary sewer. Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on June 12, 2023. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Wednesdays,June 28, 2023 and July 5, 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 June 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.virginiabeach.gov/planning on July 6, 2023. First Class Event Rentals, LLC Agenda Item 5 Page 4 City Council • As required by City Code,this item was advertised in the Virginian-Pilot on Tuesdays,August 1,2023 and August 8, 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 July 31, 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/citv-council/Documents/BookmarkedAgenda.pdf on August 11, 2023. First Class Event Rentals, LLC Agenda Item 5 Page 5 Existing Site Layout, PP711116:L7::: R F r1. . I L ♦ u! „.,. -,- t # t • '1 pp -. 1 -..i _ F • f- P 1 Lij �'f j - -_ _`_ a F. 1 . • , -.l _ i t OFT rb BONNEY RD c 1�,, :•b•'7....."-* 14 ./.'L 7 41111r .„ -,...... - - ' , „ . . : ,,, 0, .is First Class Event Rentals, LLC Agenda Item 5 Page 6 Site Photos - - - 4fri, I, .1 • ---- • la a -.Sew — •,rt* vim441/4‘.• 484.10arseissinsiii First Class Event Rentals, LLC Agenda Item 5 Page 7 Disclosure Statement Disclosure Statement At13 Cog,r✓•vea Bar: 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 -nO\_l&kS S Ei n`. W C'J LLC _. ryes the applicant have a representative? L2 YeS 0 No • If yes,list the name of the representative. J 11U (t vAgn S Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?1, 'es 0 No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Adot2Tho Hawk\ ns aeshon ti es • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) f� nj1r '"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. First Class Event Rentals, LLC Agenda Item 5 Page 8 Disclosure Statement Disclosure Statement 113 Cry of Raab Planning&Community Development Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beah have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes ei 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 bust,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 Itii(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 itNo • 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 p,connection with the subject of the application or any business operating or to be operated on the property?0 Yes o • 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 ltJ0 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 /O • If yes,identify the purchaser and purchaser's service providers. First Class Event Rentals, LLC Agenda Item 5 Page 9 Disclosure Statement Disclosure Statement Ct:v o(raan Bald: Planning&Community Development :. rocs the applicant have a constructif5n contractor in connection with the subject of the application or any business operating or to be operated on the property?6!Yes ❑ No • If yes,identify the company and individual prcviaing me ser✓c,. W01 1��Ipi r g ►rids ;pevan\--e tlQwol 7. Does the applicant have an engineer/surveyor/agent in conpection 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 onnection with the subject of the application or any business operating or to be operated on the property?0 Yes PS No • If yes,identify the firm and individual providing the service. piicant 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 Boars) or any public body or committee in connection with this application. Applicant Signature ;�ICJ,Oi25�o� O..... . .C� -..... Print Name and Title a 2:3 7 3 Date Is the applicant also the owner of the subject property? LJ Yes dNo • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications No changes as of Date July 25, 2023 Signature ?yl:Clea,da- Ti. .-C. i i+> -- kintusThe Michaels D. McKinney First Class Event Rentals, LLC Agenda Item 5 Page 10 Disclosure Statement Disclosure Statement Planning&Cmnrnunit .Development Owner Disclosure Owner Name W.E.Sams Properties,LLC Applicant Name F C(C Eve yvt- I24401!1, L-I Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business?❑Yes i No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) f/V/Ill a..✓, r, SA MS ` Su/. O—o n Air" • If yes,list the businesses that have a parent-subsidiary3 or affiliated business entity4 relationship with the Owner. tAttach a list if necessary) Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?0 Yes No • If yes,what is the name of the official or employee and what is the nature of the interest? 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 entitles;there are common or commingled funds or assets;the business entitles share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis:or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. e 1 First Class Event Rentals, LLC Agenda Item 5 Page 11 Disclosure Statement -D scios.ire Steteme tr F F �� J Planning&•Cotr un ty De eiopu ent Owner Services Disclosure 1. Does the Owner have any existing financing(mortgage,deeds of trust,cross-cvtiateratizatlon,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. TovrneBank - 2. Does the Owner have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes I No • If yes,identify the company and individual providing the service. 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 Cie 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 Ml 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 M 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 Mi No • If yes,identify the company and individual providing the service. 7. Does the Owner have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?❑Yes No • If yes,identify the firm and individual providing the service. • 1 n First Class Event Rentals, LLC Agenda Item 5 Page 12 Disclosure Statement • D scIosure Statement • j d �,� e I Rtill�mg CX,4�mmunrt T Develotiment 8. Is the Owner receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?0 Yes l)No * If yes,identify the firm and individual providing legal the service. Owner Signature certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the Information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application, Owner Signature Print Name and Title William E,Sams Date 9-2 =z-5 7.IP aA First Class Event Rentals, LLC Agenda Item 5 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. First Class Event Rentals, LLC Agenda Item 5 Page 14 Virginia Beach Planning Commission July 12, 2023, Public Meeting Agenda Item # 5 First Class Event Rentals, LLC RECOMMENDED FOR APPROVAL—CONSENT Mr. Horsley: Thank you. Next item is item number five, First Class Events Rentals, LLC, the applicant, W. E. Sam's Properties, LLC, is the representative? Ms. Hawkins:Good afternoon. Mr. Horsley: Thank you. Are the conditions acceptable? Ms. Hawkins:Yes, they are. Thank you. Mr. Horsley: Would you speak your name for the record, please? Ms. Hawkins:Oh, yes. My name is Adazsha Hawkins. Mr. Horsley: Thank you. Thank you very much. Ms. Hawkins:Thank you. Mr. Horsley: Is there any opposition to this application? Seeing none, we've asked Commissioner Parks if he'd read this into the record. Mr. Parks: Thank you. The applicant's requesting a conditional use permit for assembly use to operate an alcohol and tobacco free venue in suite 101 of the Thalia Shops Shopping Center. The Shopping Center is located along Bonney Road on property zone B-2 Community Business District. This use will take place in the 1100 square foot suite in an existing shopping center. The venue First Class Event Rentals will host baby showers, pop up shops, business meetings and birthday parties. Food will only be prepped and served as there will be no kitchen on site. Typical hours of operation are between 10 a.m. and 11 p.m. seven days a week. There's no known opposition and that's why we recommend this for the consent agenda. Mr. Horsley: That concludes the consent agenda today and at this time I'll make a motion that we approve item number one, Milestone Tower LLC, item number two and three, Winners Properties, LLC, item number four Alexander Page Polk Trustee for the Alexander Page Polk Trust, number five, First Class Events Rentals. Number six Beau iBrowz, LLC, number seven City of Virginia Beach, number 10 Ascension's Group LLC, number eleven and number twelve, Porpoise LLC. Mr. Alcaraz: All right, thank you. Do I have a second for the motion for these consent agendas? Mr. Clemons:Second. Mr. Alcaraz: Second by Mr. Clemons? Thank you. Madam Clerk: The vote is now open. By a vote of 10 to 0, items 1, 2, 3, 4, 5, 6, 7, 10, 11, and 12 have been recommended for approval. AYE 10 NAY 0 ABS 0 ABSENT 0 Alcaraz AYE Anderson AYE Byler AYE Clemons AYE Coston AYE Cuellar AYE Estaris AYE Horsley AYE Parks AYE Plumlee AYE _ R+ r Cam uc_ ], °.v 0, R20i 11 0 -(Pr i 4 i.,P ' ‹...,1° -, ,0 ,2. • - _a � I r 0 . , .____ , (1� 1 .\_.) -,,,-----,--- --,,,,„ , / Y ' k,\ Q , - i ti _,,--, , (,,,i // 0. , R2�\ R40 ti. ,cy\o ',, ,_ i......1......- , --------------- , / cci ____ ,,,,,,,,,,, 7 -, ,--- c-3\ ( ,_._,-, „„,„. / R20 '. �:- <: :>,,,/ / , 11 (-\0 '--N, ,/ i --,. , ,' - _ ,k4g, /// Site Milestone Tower Limited Partnership-IV, a Delaware limited Property polygons partnership (dlbla Milestone Towers) 0' ® Zoning Portion of parcel on the east side of Harpers Road & north of s Building London Bridge Road Feet 0 75150 300 450 600 750 900 [ I ".....)--(Th\j, f6( - :, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: MILESTONE TOWER LIMITED PARTNERSHIP-IV [Applicant] PAUL S. BROWN FAMILY, LLC [Property Owner] Conditional Use Permit (Communication Tower) for a portion of a parcel on the east side of Harpers Road & north of London Bridge Road (GPIN 2405332394). COUNCIL DISTRICT 5 MEETING DATE: August 15, 2023 ■ Background: The applicant is requesting a Conditional Use Permit to construct a Communication Tower on a property zoned R-20 Residential. The 46.98-acre parcel is currently vacant and is located in both the 70-75 dB DNL and the greater than 75 dB DNL noise zones with a portion encumbered by a Navy Restrictive Easement.An easement compliance review will be conducted by Navy Staff during the site plan review process. Also, a portion of the site is located in the Floodplain Subject to Special Restrictions and within the floodway. To protect these environmentally sensitive features, the proposed tower and compound equipment will be located outside of these areas, The proposed monopole tower with full antenna array will be 150 feet in height with a two-foot lightning rod for a total height of 152 feet and will accommodate up to four carriers. A standard light grey color with antennas pulled closer to the pole is proposed to help mitigate the visual impact to the surrounding area. Access to the site will be by way of a public right- of-way off Harpers Road, through a 10-foot-wide gravel access drive. As required by Section 232 of the Zoning Ordinance, the proposed tower will meet the 50-foot minimum side and rear yard setbacks, as well as the 50-foot minimum setback from the street measured at the base of the tower. • Considerations: The proposed location of the tower is setback nearly 182 feet from the nearest property line and 470 feet from the nearest residential dwelling. Due to the tower's proximity to residential properties, a more compact stealth design will be utilized to lessen the visual impact on the adjacent property owners. The applicant voluntarily performed a balloon test and provided photo simulations depicting the view of the proposed tower from locations surrounding the site. The applicant notified all adjacent property owners within a 1/2 mile radius of the site, held an online public meeting, and created a website to inform residents of the proposal. Information provided by the applicant and confirmed by Staff indicates that an intermodulation study is not required as this site is not within one mile of a public Milestone Tower Limited Partnership-IV Page 2 of 3 safety communication facility, radio site, or within 200 feet of the City's microwave paths. An RF Safety FCC Compliance Report was provided indicating that the antenna arrays will comply with all regulatory agencies and standards. The proposed monopole Communication Tower meets the standards set forth in Section 232 of the Zoning Ordinance. Further details pertaining to the application, including Staffs evaluation, are provided in the attached Staff Report. There is no known opposition to this request and staff has received two letters of support from residents noting poor reception in this area. • Recommendation: On July 12, 2023, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 10-0. 1. The Communication Tower shall be located within the lease area and developed substantially in conformance with the submitted plan entitled "LONDON BRIDGE SITE — CASTLETON COMMERCE WAY — VIRGINIA BEACH, VA 23456, and dated 03/31/2023, prepared by Entrex Communication Services, Inc., which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 2. A full structural report shall be submitted during detailed site plan review. 3. A depiction of the location of the required FCC hazard safety signage on the site, if any, and sign diagrams shall be required during detailed site plan review. 4. Subject to federal law, the maximum height of the tower shall be 152 feet above ground level, inclusive of the lightning rod. 5. As required by Section 202 of the City Zoning Ordinance, the applicant shall obtain a Determination of No Hazard (DNH) to Air Navigation from the Federal Aviation Administration/ Obstruction Evaluation Office (FAA/OE) and shall submit a copy during detailed site plan review. No building permit shall be issued until the tower is determined to be a non-hazard to air navigation. 6. No signs indicating the location of this facility are allowed. 7. In the event that the antennae on the tower are inactive for a period of two years, the tower, antennas, and related equipment shall be removed at the applicant's expense. 8. The final stormwater management plan submitted to the Development Services Center (DSC) shall be in substantial conformance with the Preliminary Drainage Study and shall comply with the City's Stormwater Management Ordinance. Milestone Tower Limited Partnership-IV Page 3 of 3 ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Letter(s) of Support (2) Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. -�. Submitting Department/Agency: Planning Department City Manager:f7k0 Applicant Milestone Tower Limited Partnership-IV Property Owner Paul S. Brown Family, LLC Agenda Item Planning Commission Public Hearing July 12, 2023 Ci:j f City Council District 5 Virginia Beach Request Conditional Use Permit(Communication Tower) Staff Recommendation , • Approval Staff Planner DAM NECK RD Marchelle Coleman 6, Location Portion of parcel on the east side of Harpers .6 ' Road & north of London Bridge Road GPIN - Portion of 2405332394 WERVT� ^114‘4 Site Size ®` , 46.98 acres(2,500 square foot lease area) ` t/I AICUZ Greater than 75 dB DNL, 70-75 dB DNL Watershed Southern Rivers Existing Land Use and Zoning District Undeveloped lot/R-20 Residential Surrounding Land Uses and Zoning Districts `` c m North rt.,- . ' Undeveloped lot/I-1 Light Industrial °- 'Ix,L • j- ,. South R .. $+�: Storage/1-2 Heavy Industrial +a . P ; r r. . /�. ;- East ii Self-storage/ I-1 Light Industrial 't' l Ai /NN. ... \ .;'" West .�� • A.--- *: Harpers Road =. o ti `��. :--,e, Single-family dwellings/R-20 Residential ,,04: !`�', :. , ~`�" f. t..-,;-_, •_— .. i.%-,,,,'", 'N„,,,'N/N /Iti,-, , es ,-tve :.; .•,-„... , • ., ).•., /,‘,4,- ,,,,,', ..,,„ %.„,..,.. ,...,, •,,, • . ,......... _ , __. _ ,s. •,-„,_ Milestone Tower Limited Partnership-IV Agenda Item 1 Page 1 Background & Summary of Proposal • The applicant is requesting a Conditional Use Permit to construct a Communication Tower on a portion of the property that is zoned R-20 Residential District.The 46.98-acre parcel is currently vacant. • The applicant is proposing to construct a 150-foot wireless communication tower with a two-foot lightning rod for a total height of 152 feet.The tower will be monopole tower with full antenna array and will accommodate up to four carriers. • The monopole tower will be the standard light grey color with antennas pulled closer to the pole, helping to mitigate the visual impact to the surrounding area. • A portion of the site is located in the Floodplain Subject to Special Restrictions and within the floodway.To protect these environmentally sensitive features,the tower and compound equipment will be located outside of these areas. • Access to the site will be by way of a public right-of-way off of Harpers Road and through a 10-foot-wide gravel access drive adjacent to a private street,Castleton Commerce Way. • The outdoor cabinets and equipment will be located within a 50-foot by 50-foot chain-link fenced compound within a 2,500 square foot lease area. • As required in Section 232 of the Zoning Ordinance,the proposed tower will meet the 50-foot minimum side and rear yard setbacks,as well as the 50-foot minimum setback from the street measured at the base of the tower. • The site is located in both the 70-75 dB DNL and the greater than 75 dB DNL noise zone and a portion of the site is encumbered by a Navy Restrictive Easement.A specific easement compliance review by Navy Staff will occur during the site plan review process. 2 Zoning History A511� '' -------,- # Request 1 REZ(AG-1&Conditional I-1 to I-1)Approved 06/07/2022 CRZ(AG-1&AG-2 to Conditional I-1)Approved 0. 08/04/2015 �.,. CUP(Bulk Storage Yard)Approved 08/04/2015 2 CRZ(AG-1&AG-2 to Conditional 1-1)Approved 01/04/2022 • • CRZ(AG-2&AG-2 to Conditional 1-1)Approved • ; . K 09/07/2021 3 MDP Approved 12/11/2007 1. F03; j '`'' ti CRZ(AG-2 to Conditional 1-2)Approved 05/23/2005 4 STC Approved 11/25/2003 '{ 5 CUP(Communication Tower)Approved 08/08/2000 9.23 it CUP(Communication Tower)Approved 02/11/1997 ,r �... Rzo, CUP(Bulk Storage Yard)Approved 06/22/1987 6 CUP(Bulk Storage Yard)Approved 06/22/1987 Application Types CUP—Conditional Use Permit MDC—Modification of Conditions STC—Street Closure SVR—Subdivision Variance REZ—Rezoning MDP—Modification of Proffers FVR—Floodplain Variance LUP—Land Use Plan CRZ—Conditional Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental Milestone Tower Limited Partnership-IV Agenda Item 1 Page 2 Evaluation & Recommendation Staff finds this application for a Conditional Use Permit for the construction of a 152-foot monopole communication tower acceptable. The site is located within the Special Economic Growth Area 3—South Oceana.The Special Economic Growth Area 3 (SEGA-3) is a tract of land encompassing properties on both sides of Dam Neck Road, between Holland Road and Corporate Landing Parkway. Portions of this area are impacted by high noise zones, accidental potential zones, and Navy Restrictive Easements.The proposed communication tower is compatible with the AICUZ provisions set forth in the Zoning Ordinance. Due to the tower's proximity to residentially zoned properties,Staff recommended that a more compact design be utilized to lessen the visual impact on the adjacent property owners.The applicant agreed and changed the traditional monopole design originally proposed to a more compact stealth design.The submitted plans are stamped and signed by a professional engineer thereby meeting the requirement that necessitates certification of the communication tower to comply with all applicable regulations promulgated by the Federal Communications Commission. While not required,the applicant provided photo simulations depicting the view of the proposed tower from various locations surrounding the site.The proposed location for the tower is setback nearly 182 feet from the nearest property line and 470 feet from the nearest residential dwelling. The applicant examined several alternatives to enhance and supplement wireless coverage in the vicinity of the proposed location. Before determining that a new tower was necessary,the applicant searched for existing towers or other tall structures to collocate. Finding none,the applicant chose this vacant site to construct the proposed monopole tower.While the site is mostly surrounded by industrial uses,the property is currently zoned R-20 Residential and there are residential properties to the west along Harpers Road.The applicant held an online community outreach meeting with the adjacent property owners to discuss the details of the proposal and to receive feedback, via Zoom on Wednesday,June 21, 2023 at 6:00 p.m. Information provided by the applicant and confirmed by Staff indicates that an intermodulation study is not required, as the site is not within one mile of a public safety communication facility, radio site or within 200 feet of the City's microwave paths.A RF Safety FCC Compliance Reports was provided indicating that the antenna arrays will comply with all regulatory agencies and standards. As recommended by Staff,the applicant has submitted a preliminary stormwater management analysis to the Development Services Center(DSC) outlining their proposed stormwater strategy for this site.The DSC has reviewed the preliminary stormwater analysis and based on their findings, is confident that the submitted strategy has the potential to successfully comply with stormwater regulations for this site. Upstream and downstream impacts will be more closely reviewed during site plan review for this project to ensure that negative impacts will not occur upstream and downstream as a result of this development. More detailed information can be found in the Stormwater Impacts section of this report. Based on the evaluation of the proposed Communication Tower in accordance with the standards set forth in Section 232 of the Zoning Ordinance,Staff recommends approval of the application subject to the conditions listed below. Recommended Conditions 1. The Communication Tower shall be located within the lease area and developed substantially in conformance with the submitted plan entitled "LONDON BRIDGE SITE—CASTLETON COMMERCE WAY—VIRGINIA BEACH,VA 23456, Milestone Tower Limited Partnership-IV Agenda Item 1 Page 3 and dated 03/31/2023,prepared by Entrex Communication Services, Inc.,which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 2. A full structural report shall be submitted during detailed site plan review. 3. A depiction of the location of the required FCC hazard safety signage on the site, if any, and sign diagrams shall be required during detailed site plan review. 4. Subject to federal law,the maximum height of the tower shall be 152 feet above ground level, inclusive of the lightning rod. 5. As required by Section 202 of the City Zoning Ordinance,the applicant shall obtain a Determination of No Hazard (DNH)to Air Navigation from the Federal Aviation Administration/Obstruction Evaluation Office (FAA/OE)and shall submit a copy during detailed site plan review. No building permit shall be issued until the tower is determined to be a non-hazard to air navigation. 6. No signs indicating the location of this facility are allowed. 7. In the event that the antennae on the tower are inactive for a period of two years,the tower,antennas,and related equipment shall be removed at the applicant's expense. 8. The final stormwater management plan submitted to the Development Services Center(DSC)shall be in substantial conformance with the Preliminary Drainage Study and shall comply with the City's Stormwater Management Ordinance. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations The Comprehensive Plan designates this area of the city as being within the Special Economic Growth Area 3—South Oceana. Portions of the area are impacted by high noise zones, accident potential zones and Navy Restrictive Easements. The SEGAs are located adjacent to NAS Oceana and have significant economic value and growth potential,targeting land uses compatible with military uses.The City supports development of and redevelopment of the SEGAs consistent with AICUZ provisions and the City's economic growth strategy. The Comprehensive Plan designates the SEGA as an area where high-quality employment, corporate parks and light industrial uses are recommended.The Comprehensive Plan recommends that measures to mitigate negative impacts on adjoining stable residential areas, including adequate screening.The change in design to a monopole tower is more in keeping with the Comprehensive Plan recommendations that the traditional tower originally proposed. Milestone Tower Limited Partnership-IV Agenda Item 1 Page 4 Natural & Cultural Resources Impacts The property is within the Southern Rivers Watershed. Drainage in the Southern Rivers watershed is highly impacted by the presence of high ground water, poorly draining soils, and high-water surface elevations in downstream receiving waters.There are no known cultural resources on the site. Stormwater Impacts Project Stormwater Design Staff Summary This project consists of the construction of a wireless communication compound, including telecommunication equipment, monopole, and a gravel base. In addition to the compound,this project will include a new gravel access driveway. The entire project includes less than 4,000 square feet of proposed impervious cover. Stormwater runoff from the site currently sheet flows towards a public ditch to the west of the project area, and stormwater runoff from the proposed development will continue to sheet flow towards the same ditch.The applicant intends to meet water quantity regulations through underground gravel storage and sheet flow criteria.The purchase of offsite nutrient credits will be utilized for water quality pollutant load reduction requirements. Based on the information provided by Wetland Studies and Solutions, Inc. in the Preliminary Drainage Study,the DSC agrees that the proposed conceptual stormwater management strategy can successfully comply with the stormwater requirements. Final design and detailed updates will be made during site plan submittal to ensure conformance with all requirements set forth in the Public Works Design Standards Manual. More detailed project stormwater information is listed below. Project Information Total project area:0.15 acres Pre-Development impervious area: 0.00 acres Post-Development impervious area:0.09 acres Stormwater Management Facility Design Information Type of facility proposed: Underground storage and sheet flow Description of outfall:Stormwater runoff from the site will discharge directly into the existing public drainage ditch onsite that outfalls south towards London Bridge Road. Downstream conveyance path:This site is part of the Upper West Neck Creek Drainage Basin. Drainage from this site drains through the public ditch system into West Neck Creek,through the North Landing River, and ultimately into Back Bay. Back Bay drains through the Currituck Sound and into the Atlantic Ocean Public Outreach Information Planning Commission • The applicant reported that they held an online town hall meeting via Zoom on June 21st at 6:00 p.m.to discuss the details of the request and to answer questions. Per the applicant,five people were in attendance.As a result of that meeting,there were some concerns raised regarding potential health concerns from the tower and the Milestone Tower Limited Partnership-IV Agenda Item 1 Page 5 location of the tower on the property.Overall,the concerns were addressed and no objections to the proposed tower was raised.Two letters of support was received. • The applicant mailed notices to all adjacent property owners within%2 mile radius of the site inviting them to attend the Zoom call meeting. In addition, a website (https://www.castletoncommercewireless.com/)was created and as of June 1,2023,there were 106 visitors and 209 page views. • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on June 12,2023. • As required by State Code,this item was advertised in the Virginian-Pilot on Wednesdays,June 28, 2023 and July 5, 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 June 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.virginiabeach.gov/planning on July 6, 2023. City Council • As required by City Code,this item was advertised in the Virginian-Pilot on Tuesdays,August 1,2023 and August 8, 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 July 31,2023. • 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 August 11, 2023. Milestone Tower Limited Partnership-IV Agenda Item 1 Page 6 Proposed Conceptual Site Layout N.,...,„ r ,� � S51'�9 9 E — // 1 T I I29497 1 j+I '- -'-e / % I rii i11111Ij IIIIIIi''i;i1!,„;,.i?i111'liii,,„,i;,111�111;„,1„101itjil ,. 1 1111,I II,..111III!lijt�!1�11 II{I,,I!Hq 1l111111111ii(1jljililw!!!lli 11 7 iIIIllili ,.. i i // ,1, 1 ,i //; '1 11 ;il I+illili'. Ho1�ij111i�(IIj 1i III lij � } � ,l1il�(liifl ,lli , 'I tip. I /f; I I 1 1;11 1 I USN;I S 1 ,o ,!*! 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A Milestone a� � � -�, : - Towers 1404 <• ` CASTLETON COMMERCE ` Castleton Commerce Wry,Virymia Beach,VA - .i 150ft. MONOPOLE h SIMULATION View*2 from Dam Neck Road - c approximately 2,050ff northwest of site . Milestone Tower Limited Partnership-IV Agenda Item 1 Page 11 Photo Simulations - .,,,:-. .--- ,41;-- ^-,7""-4(:•."...%•,, ki, •,--, --mc›, At,:y4,„ A „....,„, ....c:.f....,...,. .„; ?,,i.„ ,,, 4 „ _,. .., , _ . ._ • , .. _.. ..,.... . . . . ._, • 7 _ ... _ _ 011111"--....1111m•—_ A Milestone • n Towers CASTLETON COMMERCE Caatteton Commerce Way Virgena Beach VA . _ .c • 150ft. MONOPOLE k - _• . • - •,-- -,f-' - -'','- -',4-'-‘1%. - :-:_.- NOT VIS!BLE r . - - - •- tt .• ...,_ -..- ,- - • VIew#3 from Dam Neck Road : m„,... approximately 1,925tI northeast of see ' . • , ,..--' .71- -4:44•4;,.A 9.• lo .416.'NW Vrr, IL_ rk ,....k,• :: / 4:04'..- NN: <,,•$.• • ' t 4 V .'4E.i..- s...' • et. '4* .............pmeinemememanammorank . .. • ; , ' .--$1;". r 1 .011111111111 4.1 ) . 1 L_ ___11 twripiii-,„,,,,,,„,,, _ __ , ... , ,„„„ith,5 „.„„,,, _ A Milestone ...----' i I Towers •io, . •-• CASTLETON COMMERCE Castleton Commerce Way.Virginia Beach,VA 150ft. MONOPOLE ...,_- - - SIMULATION ,....-- View ff4 from Chelsea Green Drive approximately 2 400tt east of site Milestone Tower Limited Partnership-IV Agenda Item 1 Page 12 Photo Simulations 1 44 S , r .,, 1 / -,,.. . . . .. . , ... .. ., - ____.......____ ear + lt =��' 41,4 FIT% i C --I-------i-,- .-43.1-....,514,3.,k:.,,, --;..77'..„ q.,--zr-,;.,.,\.... `.. -1 t°A ....„-,_____ ,...._,_...: A Milestone _ {CASTLETON COMMERCE v ,.y°s �^ 4 d, , ^. w"- •• �w.`s7�� f `1 u,' Castleton Commerce Way.Virginia Beach,YA v � • 1w _+.P � pK 1150ft. MONOPOLE ' �+ , 0"�.,:` SIMULATION . • View NS from Royale Walk Drive • approx.2,525ft east-southeast of site " 'gk.'• P y. ✓t." o;y ,' Jf�il, ) f%;y SFr.. , , � r '- j _ ,; rO•t . te t: we--�L'1ta I . a _ ` } ` M''Rii ram ;sec�_ : A Milestone /, Towers CASTLETON COMMERCE Cestieton Commerce Way,Virginia Beach.VA L150ft. MONOPOLE `ULATIO? View#6 from London Bridge Road approximately 1,480ft.southeast of site Milestone Tower Limited Partnership-IV Agenda Item 1 Page 13 Photo Simulations 1:. S t, l a .h s ti {4 -Y '_:::-'..::::,'::-.'.11;1:.1.47.)&".'1:::';:::::*:I:':''' . '' '' '-'.1' .:. ::'.::: . 1), "1S ; .';6::" .1.1*: �~ a� a� i 1. I got\''.':::.:''''• t I f: � _ _ !4 may�l _ � r. :7 .. •�.-. r t A Milestone _ /, Towers CASTLETON COMMERCE Castlelon Commerce Way,Virginia Beach,VA 150ft. MONOPOLE SIMULATION View 07 from Mulberry Loop approximately 1,360ft southwest of site -- 1 y0. 4_ '.A r S tt .a '.t t `k+`�lf ii31 a te. '°v 4•air.�-'� t•' � �. h: t�1��Tjj •�L ;�'F sf �Y�• +M ., r>y: '*ji� R. 9r t l '3r"E C' d, gyic; To.y y a %t` ' .6;t ��`i,"cam 1■itl 1 ,° {ter /t Milestone -- . ,.� ■.-. .- I, Tovvers � y CASTLETON COMMERCE %�•--_ 'wl. - CeaOeton Commerce Way.Virginia 8aacn.VA _ _.,.. —_+r _`` `' 150ft. MONOPOLE NOT VISIB Vises M8 from Colony Drive ,,, -Me ^'a approx.2,075R.west-southwest of site e _ _ Milestone Tower Limited Partnership-IV Agenda Item 1 Page 14 Site Photos r Rr. `jl k , .?..i r y. In sx f ! r YM r ki-i p4 w- 1 M1 idx f4J pt M Yam•= � f...y 't.+�s 4';`,r �[U(+'• ry.y..'?_ s.t *-x,FlIF ssw r... .w. - ..-.�:: .zl.. s..:...w .i:.u..<'tr� .> ,z:r_...�:.h µ S 'ry' 9 ''� ��Z z �r M �`+3yc". :.. �'7 :e; ;fir r .:K � -.. I. • L'p` v r _ . t Milestone Tower Limited Partnership-IV Agenda Item 1 Page 15 Site Photos . .. —, - . - • . . .... . ,....„ .4P.',A1'''''';''''- ..ir WAril/i I Lila la ..• ,- .1- V t 4%--:--';...14 .—‘%. ,',. - .- +.r.•',7A-Volittfq'''-4111! -til , _ •., .. , .... --. ,„... :-,. J 14-:„ • , ;' • . ,.. , , - • __. ...-,- • - r -- _ , -,•,t-il?... __: -.' ."'- P4:' ."-,....sr.„, ;---,‘"--"' - __ _ .4......---1-,,,..^..... -.-.4^..;;;„0„, , , . .. ' '.',.- ,..': •,,`_«!:.-- ..-; ••"---.',,. -''',;.-1 .fr,`-'-ef.,,,„.. :-.... .. • '...- ' ' . ., ,, ,„.:11..:,,.,. ,,,,....,Apric„iii ','•":74..,:'-'• ' ' - • . '-''' s. : . . ':."'r•‘....'.:' ..', •:.‘ r,f,,``,..` e...1.9.- rr • ' , 4?'kv ,`,t. -zz,4 .),,.-,' , :. ;- .-A- , .. , :„.. : • ',- .... ./ -,--1 _ -...,- : ..- _ - v't,44..af-- . ..2. °-, r- • -7 - • - - Milestone Tower Limited Partnership-IV Agenda Item 1 Page 16 Disclosure Statement Disclosure Statement VB Clf4 ci Vv}nin-:i":rh Planning&Community 1 Development 111 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 Milestone Tower Limited Partnership-IV(d/b/a Milestone Towers) Does the applicant have a representative? II Yes 0 No • If yes,list the name of the representative. Stephen Romine and/or Williams Mullen Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? Yes 0 NO • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Milestone Communications Management IV,Inc.(General Partner) o Officers and Directors of Milestone Communications Management IV,Inc: Leonard Forkas Jr.(Sole Director,President,and CEO) Matt Penning(Vice President),Oswaldo Reyes Chica(Treasurer),and Alice Mahoney(Secretary). • 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 4 2.2-3101. 2"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(lii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and local Government Conflict of interests Act,Va. Code 5 2.2-3101. Revised 11.09.2020 1 I I a Milestone Tower Limited Partnership-IV Agenda Item 1 Page 17 Disclosure Statement Disclosure Statement „En, Planning&Community , Development Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes No • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑Yes ■ No • If yes,identify the financial institutions providing the service. 2. Does the applicant have a real estate broker/agent/reactor for current and anticipated future sales of the subject property? ❑Yes ■No • If yes,identify the company and individual providing the service 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes ® No • If yes,identify the firm and individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes No • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?❑Yes No • If yes,identify the purchaser and purchaser's service providers. Revised 11 09 2020 2 I Milestone Tower Limited Partnership-IV Agenda Item 1 Page 18 Disclosure Statement Disclosure Statement Planning&Community Development 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?0 Yes U No • If yes,identify the company and individual providing the service 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?IL Yes 0 No • If yes,identify the firm and individual providing the service. Marc Marzullo,Extrex Communication Services,Inc. 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. Stephen Romine and/or Williams Mullen Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. t understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body .oy) - rcommittee in connection with this application. Applicant Signature Matt Penning,Vice President of Milestone Communications Management IV,Inc.,General Partner of Milestone Tower LP-IV Print Name and Title _`f/2o/i Date Is the applicant also the owner of the subject property? ❑Yes I 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 nl No changes as of °ite 17/31/2023 slg•,t•ra '�''�"•� Print Name Marchelle L. Coleman Revised 11.09.2020 Wage Milestone Tower Limited Partnership-IV Agenda Item 1 Page 19 Disclosure Statement Disclosure Statement ('it y u!1'iryviiu lk.nh I4, Planning&Community Development Owner Disclosure J Owner Name Paul S.Brown Family, L.L.C.,a Virginia limited liability company Applicant Name Milestone Tower Limited Partnership-IV(d/b/a Milestone Towers) Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business?IN Yes ❑No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) R.Edward Bourdon,Jr.,Managing Member;Paul S.Bourdon and Howard R.Sykes,Jr.,Trustee of the Betty Brown Bourdon Trust, Members • If yes,list the businesses that have a parent-subsidiary3 or affiliated business entity`relationship with the Owner. (Attach a list if necessary) Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes NI 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 I Milestone Tower Limited Partnership-IV Agenda Item 1 Page 20 Disclosure Statement Disclosure Statement Planning&Community Development 44 Owner Services Disclosure 1. Does the Owner have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑Yes ■No • If yes,identify the financial institutions providing the service. 2. Does the Owner have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes ■No • If yes,identify the company and individual providing the service. 3. Does the Owner have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property? Yes 0 No • If yes,identify the firm and individual providing the service. Mark DesRoches,DesRoches&Company 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 III No • If yes,identify the purchaser and purchaser's service providers. 6. Does the Owner have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?0 Yes I No • If yes,identify the company and individual providing the service. 7. Does the Owner have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?0 Yes I No • If yes,identify the firm and individual providing the service. 6 I • Milestone Tower Limited Partnership-IV Agenda Item 1 Page 21 Disclosure Statement • 8. Is the Owner receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?■Yes 0 No • If yes,identify the firm and individual providing legal the service. Howard R.Sykes,Jr.,Esq.,Sykes,Bourdon,Ahem&Levy,P.0 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 tothe meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Paul S.Brown Family,LLC att ate Owner Signature R.Edward Bourdon,Jr.,Managing Member Print Name and le /a/i0Z-5 Date • Revised 11.09.2020 71 P a g e Milestone Tower Limited Partnership-IV Agenda Item 1 Page 22 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. Milestone Tower Limited Partnership-IV Agenda Item 1 Page 23 Virginia Beach Planning Commission July 12, 2023, Public Meeting Agenda Item # 1 Milestone Tower Limited Partnership- IV, a Delaware limited partnership (d/b/a Milestone Towers) RECOMMENDED FOR APPROVAL—CONSENT Mr. Horsley: All right. Today, the first item on the consent agenda is item number one Milestone Tower Limited Partnership for at Delaware Limited Partnership Milestone Towers. Paul S. Brown Family, LLC is their representative here? Mr. Rosaie: Hi. Good afternoon. My name is Tyler Rosaie. I'm an attorney with the law firm Williams Mullen. My business address is 222 Central Park Avenue, Suite 1700 Virginia Beach, Virginia. Here today on behalf the applicant. We've reviewed the conditions and find them acceptable and we'll stand by for any questions you may have. Mr. Horsley: Thank you. Is there any opposition to this application? Seeing none, we've asked Commissioner Cuellar if she would read this into the record. Ms. Cuellar: Thank you. The applicant Milestone Tower Limited Partnership, IV, the applicant is requesting a Conditional Use Permit to construct a Communication Tower on a portion of the property that is zoned R20 Residential District. The 46.98 acre parcel is currently vacant. The applicant has agreed to the conditions. There is no opposition and Staff has recommended this application for approval. The Planning Commission is recommending it for the consent agenda. Mr. Horsley: That concludes the consent agenda today and at this time I'll make a motion that we approve item number one, Milestone Tower LLC, item number two and three, Winners Properties, LLC, item number four Alexander Page Polk Trustee for the Alexander Page Polk Trust, number five, First Class Events Rentals. Number six Bow Eyebrow LLC, number seven City of Virginia Beach, number 10 Ascension's Group LLC, number eleven and number twelve, Porpoise LLC. Mr. Alcaraz: All right, thank you. Do I have a second for the motion for these consent agendas? Mr. Clemons:Second. Mr. Alcaraz: Second by Mr. Clemons? Thank you. Madam Clerk: The vote is now open.. By a vote of 10 to 0, items 1, 2, 3, 4, 5, 6, 7, 10, 11, and 12 have been recommended for approval. AYE 10 NAY 0 ABS 0 ABSENT 0 Alcaraz AYE Anderson AYE Byler AYE Clemons AYE Coston AYE Cuellar AYE Estaris AYE Horsley AYE Parks AYE Plumlee AYE Renee Frustaci From: Renee Frustaci Sent: Monday,April 24, 2023 8:30 AM To: ericdubreuil5342@gmail.com Cc: Matthew Penning Subject: RE: Castleton Commerce"Verizon cell service" Mr. Dubreuil, Thank you for reaching out to us. I am sorry to hear about the unreliable reception/wireless service in your area. Hopefully,this site will remedy those issues. We'll plan on keeping you in the loop on future community events/public hearings as they are scheduled. Local support does go a long way on these projects,so again—we very much do appreciate your message and interest. Thank you, Renee Frustaci o/b/o Milestone Towers Senior Project Manager I Site Link Wireless, LLC 410.299.4364 I rfrustaci@sitelinkwireless.com Milestonetowers.com Original Message From:Castleton Commerce<wordpress@castletoncommercewireless.com> Sent:Sunday,April 23,2023 11:15 AM To: matt@ milestonecorp.com; Renee Frustaci<rfrustaci@sitelinkwireless.com> Subject:Castleton Commerce "Verizon cell service" From: Eric Dubreuil<ericdubreuil5342@gmail.com> Subject:Verizon cell service Message Body: The cell service at my house is very unreliable. It makes me worried if there is an emergency as we don't have a land line This e-mail was sent from a contact form on Castleton Commerce (https://www.castletoncommercewireless.com) Renee Frustaci From: Renee Frustaci Sent: Monday,April 24, 2023 8:28 AM To: BRETTCOATES26@GMAILCOM Cc: Matthew Penning Subject: RE: Castleton Commerce"Approve This Tower!" Mr. Coates, Thank you for reaching out to us. I am sorry to hear about the poor reception/wireless service in your area. Hopefully, this site will remedy those issues. We'll plan on keeping you in the loop on future community events/public hearings as they are scheduled. Local support does go a long way on these projects,so again—we very much do appreciate your message and interest. Respectfully, Renee Frustaci o/b/o Milestone Towers Senior Project Manager I Site Link Wireless, LLC 410.299.4364 I rfrustaci@sitelinkwireless.com Milestonetowers.com Original Message From:Castleton Commerce<wordpress@castletoncommercewireless.com> Sent:Sunday,April 23, 2023 9:46 AM To: matt@milestonecorp.com; Renee Frustaci<rfrustaci@sitelinkwireless.com> Subject:Castleton Commerce "Approve This Tower!" From: Brett Coates<BRETTCOATES26@GMAIL.COM> Subject:Approve This Tower! Message Body: 2637 SPRINGHAVEN DRIVE I am so grateful for the proposed tower going up in this area! Our neighborhood signal is terrible for most if not all carriers. I work from home and we do not have a home phone so using a mobile phone is part of our daily routine and often greatly hindered by lack of signal. Our family uses Verizon and we all struggle with phone calls being dropped or people we are contacting not being able to hear us. Please keep me update on the process of the tower going through approval and construction. Thank you -Brett This e-mail was sent from a contact form on Castleton Commerce (https://www.castletoncommercewireless.com) 1 --r— < ,:k. ( 01 7-'\\--,, .)--. q , c .,._______T____N-N.Ft2..5z,„zz, , 1 , / ,. , ..„, ,-.,,,!. ...,:e • cl ' rN R7.5 r f r /r , ,'' .. -- cki5,-/___ / ,„ -.- I ; r_______ 4 � A 7// I 1 A ./../ ' 7/ c27 I] I roy B2 i w w / R7.5 LL. - ( \\, - ---9 1 - / , IJ Lo i11 j e Al/ 1 ...,..t..i..................L._ 7" Site w-,619.1 Property Polygons Beau iBrowz, LLC Zoning 4224 Virginia Beach Boulevard, Suite 104 ' Building Feet 0 30 60 120 180 240 300 360 < ti CITY OF VIRGINIA BEACH AGENDA ITEM ) ITEM: BEAU IBROWZ, LLC [Applicant] WILLIS REALTY GROUP [PROPERTY OWNER] Conditional Use Permit (Tattoo Parlor) for the property located at 4224 Virginia Beach Blvd, Suite 104 (GPIN 1477953769). COUNCIL DISTRICT 8 MEETING DATE: August 15, 2023 ■ Background: This is an application for a Conditional Use Permit for a Tattoo Parlor to operate a permanent makeup studio in the Wayside Village Shoppes Shopping Center. The property is located along Virginia Beach Boulevard at the Thalia Drive intersection. The proposed tattoo parlor will occupy a private room totaling 100 square feet within an existing beauty salon. Services will be provided by appointment only. There will be two employees providing permanent makeup services. • Considerations: The proposed use is, in Staff's opinion, acceptable, as the property is surrounded by commercial properties. No additional parking is required as the 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 Staff's evaluation, are provided in the attached Staff Report. There is no known opposition to this request. • Recommendation: On July 12, 2023, the Planning Commission passed a motion to recommend this item on the Consent Agenda, by a recorded vote of 10-0. 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. Beau iBrowz, LLC Page 2 of 2 2. This Conditional Use Permit for a Tattoo Parlor shall be limited to the application of permanent makeup. No other form of tattooing shall be permitted. 3. The actual application of permanent makeup shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 4. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon, electronic display or similar signage installed on the exterior of the building or in any window, or on the doors. Window signage shall not be permitted. A separate sign permit shall be obtained from the Department of Planning & Community Development for the installation of any new signs. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department ' . City Manager: pri2 Applicant Beau iBrowz, LLC Property Owner Willis Realty Group Agenda Item Planning Commission Public Hearing July 12, 2023 rtry,i( City Council District 8 6 Virginia Beach Request Conditional Use Permit(Tattoo Parlor) Staff Recommendation cimAirw14.)-- 1 Approval Liy,,„,,v,C(fCRFs 40 c m Staff Planner Fog•ply Michaela McKinney 1 RUNDELL _ 84, O It Location H pe 4224 Virginia Beach Boulevard,Suite 104 ijii ( "`OFFOR ELBAST z GPIN R VIRGINIA BEACH BL • Q2� _ 1477953769 o • Site Size a • 'TCH ST a N 6.8 acres(1,297 square feet suite) m AICUZ -s Ill Less than 65 dB DNL 5EGOVIACT ! I o o a m BONNEY RU - Watershed //-\ Chesapeake Bay " Existing Land Use and Zoning District Shopping center /B-2 Community Business I 7 1, a .1,—. .., . '` '•,'4 N -r Surrounding Land Uses and Zoning Districtsmp -4te/ ' North I a ', 4,,Z :r Single-family dwellings/R-7.5 Residential .w South Virginia Beach Blvd = ' Retail,office/B-2 Community Business - 0._— FEast .•,•,; �Retail,VB EMS /B-2 Community Business ' • r.;$A �nWest - I� 4Thalia Road j i " ®1 INN Auto Repair/B-2 Community Business 11ee. i 1 ' , .,, „. I Beau iBrowz, LLC Agenda Item 6 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 Wayside Village Shoppes.The shopping center is located along Virginia Beach Boulevard 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,two employees are anticipated. • Typical hours of operation are 10:00 a.m.to 8:00 p.m., Monday through Saturday and 11:00 a.m.to 6:00 p.m. on Sundays.All permanent makeup services will be by appointment only. • No exterior changes to the building or new signage are proposed. - -J i_.I R7.5 - oJ,,, `R2:5 R25 R7.5 s Zoning History # Request CUP(Automobile Repair Garage)Approved 06/20/2018 CUP(Automotive Repair)Approved 07/10/2012 CUP(Automobile Service Station)Approved 12/08/1993 ' sz 1 VIRGINIA BEACH BLVD 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 makeup within an existing salon is not expected to negatively impact other uses within the shopping center or the vicinity. Prior to commencing operations on the site,the applicant must obtain a business license and the Health Department must verify that the business meets all the requirements of Chapter 23-51 of the City Code.Chapter 23-51 details the standards for disclosure, hygiene, licenses,waivers, proof of age, recordkeeping, inspections, cleanliness,vaccinations, and permitting applicable to such establishment.A Certificate of Occupancy will not be issued until the requirements are satisfied and Health Department approval is obtained. For the reasons stated above, Staff recommends approval of this application, subject to the conditions listed below. Beau iBrowz, LLC Agenda Item 6 Page 2 Recommended Conditions 1. A business license for the Tattoo Parlor shall not be issued to the applicant without the approval of the Health Department to ensure compliance with the provisions of Chapter 23-51 of the City Code. 2. This Conditional Use Permit for a Tattoo Parlor shall be limited to the application of permanent makeup. No other form of tattooing shall be permitted. 3. The actual application of permanent makeup shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 4. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon, electronic display or similar signage installed on the exterior of the building or in any window,or on the doors. Window signage shall not be permitted. A separate sign permit shall be obtained from the Department of Planning&Community Development for the installation of any new signs. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations This 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 proposed use moving into an existing shopping center would be in keeping with the Comprehensive Plan. Natural & Cultural Resources Impacts The site is located in the Chesapeake Bay Watershed.There are no known natural or cultural resources. Traffic Impacts Street Name Present:Volume Present Capacity Generated Traffic, ; Virginia Beach Blvd 39,000 ADT1 74,000 ADT 1(LOS 2"D") No Change Anticapated 3 1 Average Daily Trips 2 as defined by a tattoo parlor 3 LOS=Level of Science Beau iBrowz, LLC Agenda Item 6 Page 3 Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Virginia Beach Blvd is an eight lane major urban arterial road in the vicinity of this site with an approximate right-of-way width of 150 feet. The MTP shows an eight lane major arterial with an ultimate right-of-way width of 155 feet. There are no CIPs scheduled in the vicinity of this site. Public Utility Impacts Water&Sewer This site is connected to City 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 June 12, 2023. • As required by State Code,this item was advertised in the Virginian-Pilot on Wednesdays,June 28, 2023 and July 5, 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 June 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.virginiabeach.gov/planning on July 6, 2023. City Council • As required by City Code,this item was advertised in the Virginian-Pilot on Tuesdays, August 1,2023 and August 8, 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 July 31, 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 August 11, 2023. Beau iBrowz, LLC Agenda Item 6 Page 4 Site Layout - vv.- ovil '- fil'h%41)Pile4(11111:41(1-'' 2` "'�� r ...A. ?,,, '' 1 r t S $ T .1 '' :`� � ,T,. V 8 iy 111C -.,"di ram.-q c l.. P s s; s z t` w i I t f , r f 1 d r �" 7, C ....... milli, -- ... a i......r. _ Ira Pief [ ' 1• ��y - ., 5 VIRGINIA BEACH B _VD 1 _ mod. Beau iBrowz, LLC Agenda Item 6 Page 5 Site Photo N r a [ I : ! Threading&Waxing Salon 11 IIK a22a�104 nvnaa inTC yvenens¢ua - - .=._ iii i ii ,s.....-- 4 1 ram_ ilk .r` v 1! t R 4 lr lu - •S FrYi x'y7 Y _ ". fit, _ t .-h { : fir � ; „... _..V Beau iBrowz, LLC Agenda Item 6 Page 6 Disclosure Statement Disclosure Statement City of Vi 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 Does the applicant have a representative? ❑Yes ❑ No • If yes,list the name of the representative. IRA Pro k.kPopk. is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?0 Yes 0 No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) (-Iffl ypc4csR — Oi sa • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) '"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. 2"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership Interest In the other business entity,(ii)a controlling owner In one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.2020 1 I P a g Beau iBrowz, LLC Agenda Item 6 Page 7 Disclosure Statement Disclosure Statement 'NB City of Virginia Beath 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 0 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-collaterallzation,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑Yes ❑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 0 No • If yes,identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes 0 No • If yes,identify the firm and individual providing the service. fo usitorrrrim yhotto$ ,ePA 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes El No • If yes,Identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?❑Yes ❑No • If yes,identify the purchaser and purchaser's service providers. Revised 11.09.2020 2 I P Beau iBrowz, LLC Agenda Item 6 Page 8 Disclosure Statement Disclosure Statement r,tyuj«n Planning&Community Development - f 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?El Yes KNo • 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 ANo • 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,l 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 Signatur ry 4"()K- Print Name and Title Date Is the applicant also the owner of the subject property? ❑Yes No • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications No`snge>_s cr Daze July 25,2023 Signature fl 17. - Pnnt Name Michaels D.McKinney Beau iBrowz, LLC Agenda Item 6 Page 9 Disclosure Statement Disclosure Statement Mr3 Cut,fVirginia Bamh Planning&Community Development Owner Disclosure Owner Name Lrj`vv`' 6t,T I LOUGA'n ' Applicant Name Lx-CkU ihYots li-C Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business? Yes ❑No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) pa) Lui 'iLLl • 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 riS 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(di)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.2020 5 I P a g e Beau iBrowz, LLC Agenda Item 6 Page 10 Disclosure Statement Disclosure Statement NIB City of vi.Oru Dow), Planning&Community Development Owner Services Disclosure 1. Does the Owner have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑Yes gI No • If yes,identify the financial institutions providing the service. 2. Does the Owner have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes 'No • If yes,identify the company and individual providing the service. 3. Does the Owner have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes No • If yes,identify the firm and ndividual 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 >1 No • if yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?Cl Yes N o • 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 applicsr on or any business operating or to be operated on the property?0 Yes XI 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 operat„g or to be operated on the property?0 Yes No • If yes,identify the firm and individual providing the service. Beau iBrowz, LLC Agenda Item 6 Page 11 Disclosure Statement Disclosure Statement Mii City of Vii9Eniri&o,rh Planning&Community Development _./ 8. Is the Owner receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?0 Yes L,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 ublic body dr'comm ittee in connection with this application. iiiilej ' PPesrbeiti Owner Slgnalure �'► ` 'T. Gt/LGiS a , ?Pc-si, A1r Print Nam and Tit 0 S9 d-Oz.3 Date Revised 11.09.2020 7 1 f °e Beau iBrowz, LLC Agenda Item 6 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. Beau iBrowz, LLC Agenda Item 6 Page 13 Virginia Beach Planning Commission July 12, 2023, Public Meeting Agenda Item # 6 Beau iBrowz, LLC RECOMMENDED FOR APPROVAL—CONSENT Mr. Horsley: Thank you, Mr. Parks. All right, next item is item number six, Bow Eyebrow's LLC. Willis Realty Corporation, conditional use permit for tattoo parlor. Ms. Kapoor: Hi, my name is Tripti Kapoor. We are requesting conditional use permit for Bow Eyebrows LLC. Mr. Horsley: Okay, are the conditions acceptable in the report? Ms. Kapoor: No. Mr. Horsley: Denied? Ms. Kapoor: No, not denied. We want conditional use permit for that. Mr. Horsley: And it's acceptable? Ms. Kapoor: Yes. Mr. Horsley: Okay, thank you. Is there any opposition to this application? Seeing none, we've asked Ms. Cuellar if she would read this. Ms. Cuellar: Thank you. The applicant Bow Eyebrows 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 Wayside Village Shops. The shopping center is located along Virginia Beach Boulevard on property zone B-2 Community Business District. The applicant has agreed to the conditions. There's no known opposition. Staff has recommended it for approval and the commission is recommending it for the consent agenda. Mr. Horsley: That concludes the consent agenda today and at this time I'll make a motion that we approve item number one, Milestone Tower LLC, item number two and three, Winners Properties, LLC, item number four Alexander Page Polk Trustee for the Alexander Page Polk Trust, number five, First Class Events Rentals. Number six Bow Eyebrow LLC, number seven City of Virginia Beach, number 10 Ascension's Group LLC, number eleven and number twelve, Porpoise LLC. Mr. Alcaraz: All right, thank you. Do I have a second for the motion for these consent agendas? Mr. Clemons:Second. Mr. Alcaraz: Second by Mr. Clemons? Thank you. Madam Clerk: The vote is now open. By a vote of 10 to 0, items 1, 2, 3, 4, 5, 6, 7, 10, 11, and 12 have been recommended for approval. AYE 10 NAY 0 ABS 0 ABSENT 0 Alcaraz AYE Anderson AYE Byler AYE Clemons AYE Coston AYE Cuellar AYE Estaris AYE Horsley AYE Parks AYE Plumlee AYE / �^f f/ J-^'f__-^ _- _ _{_ nd street =___- _ ti IS 1, 37 1 .I 1 ir -----------------"'A 0 14 _\ CI i 5 7 y _ \ OR _--' �-- r---------.------ \ /404, \� 1..____....---3 t 0 '1ti ti \\ -, . / .,,,,,,, ,_____)„,___, ,\---------' g„ ..- Stv \L____, , 1 ,\ t //, \ \ \ , \________----- r l t'ti .---^-. __,-----------'-'-----..-\ \ '---- ---i \ f ; ti �\ III _J \ r------ \ ..00 ....,------ ___A ‘,, \ \ , . ______, , s#re J 1 r' �..�'= I 41 NI 4r 1� _ III. or A Site AN_ Pruperly Pulyyuris Ascensions Group, LLC " '0'. Coning 402 22nd Street ' building - - IFeT:t 3 51 C 20 30 4C 50 60 rS�`µU�hl ro` h� 1,,,:...._, Js; CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: ASCENSIONS GROUP, LLC [Applicant] & GEORGE & JOAN GEORGHIOU [Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 402 22nd Street (GPIN 24270855050000). COUNCIL DISTRICT 6 MEETING DATE: August 15, 2023 • Background: The applicant is requesting a Conditional Use Permit to operate a three-bedroom Short Term Rental unit within a single-family dwelling. • Considerations: The applicant is requesting to operate a three-bedroom Short Term Rental in a residential dwelling unit located at 402 22nd Street. The unit was constructed in 1940 and is located along 22nd Street. Since the site is 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, single-family dwellings, and other resort-oriented uses. The parking plan for this application provides the required three spaces, utilizing the existing driveway at the rear of the property. The alleyway at the rear of the property, which is accessed by 21 st '/2 Street, provides access to the parking area. Staff has reviewed this parking plan and has found that it meets the requirements of the Zoning Ordinance. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached staff report. Staff received one letter of opposition from adjacent property owners prior to the Planning Commission hearing, noting general concern with the number of Short Term Rentals in the area. • Recommendation: On July 12, 2023, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 10-0. 1. The following conditions shall only apply to the dwelling unit addressed as 402 22nd Street and the Short Term Rental use shall only occur in the principal structure. Ascensions Group, LCC 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. A third parking space, at a location subject to approval by the Zoning Administrator, shall be available for use by the Short Term Rental occupants at all times. 6. 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. 7. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2))'on the property where the Short Term .Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 8. The owner or operator must provide the name and telephone number of a responsible person, who may be the e 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 physically present at the Short Term Rental within one (1) hour. 9. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through `c' below. This information must be submitted to the 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. Ascensions Group, LCC Page 3 of 4 10.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. 11.There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23- 71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 12.All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31- 28. 13.Accessory structures shall not be used or occupied as Short Term Rentals. 14.No signage shall be on-site, except that each Short Term Rental shall have one (1) four-square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 15.The Short Term Rental shall have no more than one(1) rental contract for every seven (7) consecutive days. 16.The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 17.There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 18.The maximum number of persons on the property after 11:00 p.m. and before 7:00 am. ("Overnight Lodgers")shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16, provided that in no case. may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 19.The property owner, or their representative, shall provide to the 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 effect at the time 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 Ascensions Group, LCC Page 4of4 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. 20.A structural safety inspection report shall be provided to the city every three (3) years indicating all exterior stairways, decks, porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect) and are safe for use. The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks, porches, and balconies must be posted on each level of these structures. • Attachments: Staff Report and Disclosure Statements Location Map STR Vicinity Map Minutes of Planning Commission Hearing Letter of Opposition (1) Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. r Submitting Department/Agency: Planning Department City Manager: pcV Applicant: Ascensions Group, LLC Property Owners: George & Joan Georghiou Agenda Item Planning Commission Public Hearing:July 12, 2023 c'fu,u/ City Council District 6 1 0 Virginia Beach Request Conditional Use Permit (Short Term Rental) Staff Recommendation 1' Approval .�;,�' 041.- ��iirStaff Planner ►, A Pamela Witham 0°1 v�'i .0 iii \ Location - „ se- O. 402 22nd Street $r m =1-- • ro E . N 1•� —t 9 _ 0 9 GPIN OA v +SZSH SI" 202M51 - i OTM 24270855050000 26' S ' \ pTH iii Site Size .. > °�" a-rw,-`syw t 7,976 square feet u�aG`„,.. 6" Existing Land Use and Zoning District Single-family dwelling/OR Oceanfront Resort Surrounding Land Uses and Zoning Districts North 22nd Street , , Single-family and multi-family dwellings/OR ______________ "° ` • Oceanfront Resort , ' South /. 0 21st%Street (alley) X w Single-family and Multi family dwellings/OR 1 or 1-.it'. , ' � , m Oceanfront Resort - East . ',rl Single-family and multi-family dwellings/OR ~! Oceanfront Resort :' - I 14 West • ;rr i` • ;+r Z Single-family and multi-family dwellings, t' '"' business use/OR Oceanfront Resort z t NP'-'“'l .. '-'* Ascensions Group, LLC Agenda Item 10 Page 1 Background & Summary of Proposal Site Conditions and History • This 7,976 square-foot lot is zoned OR Oceanfront Resort. • According to City records,the dwelling is a 3-bedroom home constructed in 1940. • Staff inspected the site on May 24, 2023 to observe site conditions and obtained photographs for this report. • On-street parking is not permitted on this portion of 22nd Street and Artic Avenue, nor in the alleyway. • No past violations or City Council action. • 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 June 20, 2023: CURRENTLY ADVERTISED LAST KNOWN RENTAL REGISTERED WITH THE COMMISSIONER OF THE REVENUE No N/A No Short Term Rentals in the Vicinity t111f* f ti 43 5, `,/1: u s'10l ' ,Y 0 ,I S S.- Short Term Rentals N. • STR Firms ' 7 - -- CUP Sow: Y a� k .e Y1 3 Ascensions Group, LLC Agenda Item 10 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 of the City Zoning Ordinance. Specific details pertaining to this application are listed below. • Number of bedrooms in the Short Term Rental: 3 • Maximum number of guests permitted on the property after 11:00 pm: 6 • Number of parking spaces required (1 space per bedroom required):3 total • Number of off-street parking spaces provided: 3 ,OR 000 S1 Zoning History # Request OR 1 STR Approved 01/19/2021 2 ALT Approved 03 11 2014 OR / pP / / \ 23 NON(Reconstruction of a Nonconforming Use)Approved 04/10/2012 �st 051 HA ,OR 1 Application Types CUP—Conditional Use Permit MDC—Modification of Conditions STC—Street Closure SVR—Subdivision Variance REZ—Rezoning MDP—Modification of Proffers FVR—Floodplain Variance LUP—Land Use Plan CRZ—Conditional Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental Evaluation & Recommendation The applicant is requesting to operate a three-bedroom Short Term Rental unit on this parcel. The dwelling was constructed in 1940 and is located along 22"d Street and Arctic Avenue. Since the site is 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, single-family dwellings, commercial retail, and other resort-oriented uses. 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. Based on the considerations above, Staff recommends approval of this request with the conditions listed below. Ascensions Group, LLC Agenda Item 10 Page 3 Recommended Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 402 22nd Street and the Short Term Rental use shall only occur in the principal structure. 2. An annual (yearly)STR Zoning Permit must be obtained from the Department of Planning and Community Development(Zoning Administration) before using the dwelling for Short-Term Rental purposes. 3. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 4. This Conditional Use Permit shall expire five (5)years from the date of approval.The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however,the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints,violations of its conditions or violations of any building, housing, zoning,fire or other similar codes. 5. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2))on the property where the Short Term Rental is located.This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 6. The owner or operator must provide the name and telephone number of a responsible person,who may be the owner,operator or an agent of the owner or operator,who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes and to be physical present at the Short Term Rental within one (1) hour. 7. If, or when,the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a'through 'c' below.This information must be submitted to the Planning Department for review and approval.This shall be done within six(6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 8. To the extent permitted by state law,each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 9. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26,31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 10. All refuse shall be placed in automated refuse receptacles,where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 11. Accessory structures shall not be used or occupied as Short Term Rentals. 12. No signage shall be on-site,except that each short term rental shall have one (1)four-square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator,that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. Ascensions Group, LLC Agenda Item 10 Page 4 13. The Short Term Rental shall have no more than one (1) rental contract for every seven (7)consecutive days. 14. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars($1,000,000) underwritten by insurers acceptable to the City. 15. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 16. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom,which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 17. The property owner,or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property annually.Such inspection shall include: 1)At least one fire extinguisher has been installed inside the.unit (in the kitchen) and in plain sight 2)Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in affect at the of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, and 3)All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. Properties managed by Short Term Rental Companies certified by the Department of Planning shall only be required to be inspected every three years.The inspection for compliance with the requirements above shall be performed by the short term rental management company and be documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors.The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. 18. A structural safety inspection report shall be provided to the city every three (3)years indicating all exterior stairways, decks, porches,and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect) and are safe for use.The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways,decks, porches, and balconies must be posted on each level of these structures. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. Ascensions Group, LLC Agenda Item 10 Page 5 Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on June 12, 2023. • As required by State Code,this item was advertised in the Virginian-Pilot on Wednesdays,June 28, 2023,and July 5, 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 June 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.virginiabeach.gov/planning on July 6, 2023. City Council • As required by City Code,this item was advertised in the Virginian-Pilot on Tuesdays,August 1, 2023 and August 8,2023. • 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 July 31, 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 August 11, 2023. Ascensions Group, LLC Agenda Item 10 Page 6 Site Layout & Parking Plan Parking for this location is accessed from the alley at 21'14 Street i i$ ... it s Jie PA,MC IRoc fE4C1 1 ACM' irG) 1 I. ' AUPI • PART OF 1 PART a I 1 i $ Si .tom! I ,�r�a i g . p Q k . I\ a six cip - ow d f4/02 iris j . , 1\ , 9 2iul) STfEET 22ND S TREE T MOLL dent V .,.Or•li9 •.,....., Ascensions Group, LLC Agenda Item 10 Page 7 Site Layout & Parking Plan 0 ,- ...•• , 00 I. / . *.. k w s , . ,y. i Parking 1 ♦ a 1 for 402 .. 22nd r ' • * �► Street is md+� r accessible t .,• „ `,', r VI the alley at 1 ,A ; . `°.�..r"' Sj 21st34 011, e 215� N�� St a Street. 1\ 8., ♦@ant `\ • µ \ _.. b ' ' Ins r' 4 41 Ascensions Group, LLC Agenda Item 10 Page 8 Site Photo , .., • '... , . . . -• . :‘t • • . • .,..,1 ,',, - : - ' 4 . '1 , ,•,... • • '''''W e 4- ' ' - • 11 -., . •,.•A' r , ',.gEr ,3. 1:-.- ' -.. . , If i. ,, ' • •' 1.';:ii,-1,1P1:-": 4 % +."..iv..•' 1 /- , 4.4 - ,... .., . ,...._, • , — ' l'-,tr-,' : • - A0.. .. . - : sikik " ..., -,. 4,• 11111/1" _ - ..: It... r.,..n.0 -.. "•,-- . , ,. - .. • - # 'ei,,4.-;,.-'.....•.-{:y. -,.„"-_ . a . • ' .4, '... '' '•''' ", 4'44 , ; . • ,,,, (s..., 7 I , j I a ,.. °;'' ':":$0 4 . -r7 I.-4.iil- . 1 i ' •SS ' ' , , - • WeArdeeLi-;.,-5‘7%;;; '' .1:-.4..r-0 ..tr..*,.,4 ' • iirf4 .,;(geffil*4-7.,:'e,..., ''`.4•'' •:-.• .,.', „ •-• . - _ .... • - . - Ascensions Group, IL C Agenda Item 10 Page 9 Disclosure Statement Disclosure Statement \43 Planning&Commun. 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 Ascensions Group LLC Does the applicant have a representative? ❑Yes •No • If yes,list the name of the representative Is the applicant a corporation,partnership,firm.business,trust or an unincorporated business? Yes ❑No • If yes,list the names of all officers.directors,members,trustees,etc.below. (Attach a list if necessaryl Christopher Sprauer Peter La bonte ,le Florio • 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 liiq there rs shared management or control between the business entities Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities,there are common or commingled funds or assets,the business entitles share the use of me 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 entitles.` See State and Locat Government Conflict of Interests Act,Va Code§2.2-3101. it Ascensions Group, LLC Agenda Item 10 Page 10 Disclosure Statement Disclosure Statemen r • 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 pubic action?0 Yes MI No • if yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1 Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑Yes No • 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? II Yes O No • If yes,identity the company and individual p'cviding the service Kyle Florio OWN Realestate 3 Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property% •Yes 0 No • if yes,identity the firm and individual providing the service. CPA Margret Taylor 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 p?cperty- ❑Yes •No • If yes,identity the firm and individual providing the service. S Is there any other pending or proposed purchaser of the subject property?❑Yes MI No • If yes,identify the purchaser and purchaser's service providers 2 Ascensions Group, LLC Agenda Item 10 Page 11 Disclosure Statement Disclosure Statement Planning&Community Ikveklpnlent -11101°7- 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 Brian Meecins KVG 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 cn 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 or the property?0 Yes ®No • If yes.icentify the firm and maividual providing the service Applicant Signature I certify that all of me information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that. upon receipt of notification that the application has been scheduled for public hearing,lam responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA.CBPA.Wetlands Board or any public body or committee in connection with this application. urn,•Mtod Applicant Signature Christopher 5prauer Mgn Mbr Print Name and Title 30 March 2023 Date Is the applicant also the owner of the subject property? Cl Yes ®No • If yes.you do rot need to fill cut 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 ch•nrn c a' Date 7/28/2023 Srgmture Pa-4/1-4& l.C./LGJ1 kt_ Print Name Pamela Wtham = I Ascensions Group, LLC Agenda Item 10 Page 12 Disclosure Statement Disclosure Statement \nd rcuu(Virumioa.:a Pia nning&Commu Development Owner Disclosure Owner Name George Georghiou Applicant Name Ascensions Group LLC Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business?❑Yes ®No • If yes,list the names of all officers,directors,members,trustees.etc below 'Attach a list if necessary I • if yes,list the businesses that have a parent-subsidiar or affiliated business entity'relationship with the Owner. iAttacr a list if necessary) Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach-aye an interest in the subject land or any pFaposed development contingent on the subject public action?D Yes No • if yes,what is the name of the official or employee and what is the nature of the interest? "Parent-subsidiary relationship'means"a relationship that exists when one corporal or.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(di)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. 51 Ascensions Group, LLC Agenda Item 10 Page 13 Disclosure Statement Disclosure Statement \t13 Wt. . Owner Services Disclosure 1 Does the Owner nave any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the apoinca ion of 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/reactor`or current and anticipated future sales of the subject property? O 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 piovmed in connection with the subject of the application or any business operating or to be operated on the property?D Yes Fa 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 III No • If yes,identify the purchaser and purchasers service providers. 6 Does the Owner have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?❑Yes ® No • If yes,identify the company and rndividuai providing the service 7. Does the Owner have an englneer/surveyor/agent,n connection with the subject of the application or any business operating or to be operated on the propert, ❑Yes B No • If yes,identify the firm and incl r dual providing the service 6I Ascensions Group, LLC Agenda Item 10 Page 14 Disclosure Statement Disclosure Statement :.......... Planning Community Development n► 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 serwce. Owner Signature certify that all of the information contained in this Disclosure Statement form rs complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for pit l c hear ng 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 Vey:,feove4rair raa4LVVIV Owner Signature t;eurge Georghluu Print Name and Title 30 March 23 Date Ascensions Group, LLC Agenda Item 10 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. Ascensions Group, LLC Agenda Item 10 Page 16 7r-Z 161 04 7- -..',, 0 i 4\.N. V-S-1 ' - ' \\a d I I-' 'P - .. '. ..t • ,' M kt .�t, -� � ' \ I V:\ ' j c._,_ I • ._...--e"- Oil\ ------- 1,171-frrr , C_1----Atikil..., .7-,- ---,n- --c - ZV,A ___------r.,1 . ____ _______Iiik ,,--.. - itip ., \ -.. I.\ aggro 0' .- - .1 ' ' ''ritit_ y%Nl.-• _,-\ A Tiiii ti • 14.1. \ \ \ \. . it - ii--_5,4 . .71.3.1 .t ,..: , ,,,,...... .__=_T_____________,,„., , , _, _... . , ,,,,. ..,- ,,, , ._ : _____,.__ _ , ___________„, , .. . ..., ,... . , „,. ....., w , . i, ,....,...,, ,.... . .. Ar.,5 __ 110 iri Vat* .1;:m.414.,,,_,. .. - --ifs-41W ,,Itlk, 1/4"..,..a.---1 -i -----_ ,- ---- it - Short Terrn Rentals l , j...... • ‘.., 0 ETz'.E.---a . ‘1 1 k. 1 l'',. 4.74 S)i.,7 "Ill ' --------- ' . r CUP Status lir._ _--1- :OV- - H. ‘, .% ' 11111 lip•OPP .. __..... Under%Vir+r t` . � . ._m l t\1 1 �S�Nf �—444�"-..� D 1 l' • - yl Virginia Beach Planning Commission July 12, 2023, Public Meeting Agenda Item # 10 Ascensions Group, LLC RECOMMENDED FOR APPROVAL—CONSENT Mr. Horsley: Thank you. The next item is item number 10 Ascensions Group LLC, George and Joanne Jotayo, short term rental. Mr. Floria: }How's it going, sir? It's Kyle Florio with Ascensions Group LLC here to request a recommendation for conditional use permit for 402, 22nd Street. Mr. Horsley: Are the conditions acceptable? Mr. Floria: Yes sir. Ms. Cuellar: Thank you very much. Agenda items number 10, 11, and 12 are all applications for conditional use permits for the purpose of a short term rental. The properties are located in the Oceanfront Resort District. There is no opposition and the applicants all agree to the conditions. Staff has recommends the applications for approval, having met all the requirements and the Planning Commission recommends for the consent agenda. Mr. Horsley: That concludes the consent agenda today and at this time I'll make a motion that we approve item number one, Milestone Tower LLC, item number two and three, Winners Properties, LLC, item number four Alexander Page Polk Trustee for the Alexander Page Polk Trust, number five,.First Class Events Rentals. Number six Bow Eyebrow LLC, number seven City of Virginia Beach, number 10 Ascension's Group LLC, number eleven and number twelve, Porpoise LLC. Mr. Alcaraz: All right, thank you. Do I have a second for the motion for these consent agendas? Mr. Clemons:Second. Mr. Alcaraz: Second by Mr. Clemons? Thank you. Madam Clerk: The vote is now open. By a vote of 10 to 0, items 1, 2, 3, 4, 5, 6, 7, 10, 11, and 12 have been recommended for approval. AYE 10 NAY 0 ABS 0 ABSENT 0 Alcaraz AYE Anderson AYE Byler AYE Clemons AYE Coston AYE Cuellar AYE Estaris AYE Horsley AYE Parks AYE Plumlee AYE From: Michele Shear, To: Pamela D.Witham Subject: 7-12-23/Public hearing Date: Monday,July 10,2023 8:46:04 PM CAUTION.This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hello Pam Whitham, Please accept this statement for the hearing on : 7/12/23 400 22nd Street 402 22nd Street Keep Balance, and Quality of Life,for the Local Community ! In this instance ,Allow one and deny the other. 400 22nd St and 402 as short term rental. Is this possible ? There are 11 New STRs in the 400 block alone, not counting the 10 at 22 Neptune East. When a newcomer speculator, developer, investor comes to a neighborhood. Could this Planning Commission Represent,conscious, more bearable growth, and preserve our neighborhood. I have been a resident of 22nd Street since 1973 when my parents bought this home. I purchased 405 22nd St, from my mom in 2012. I bought it to live here long term, a family home with history that is important to me. This is my home,a residence I have cared for,maintained and invested in. I have history here and A community that knows me . I was here first. Please acknowledge my concern for the loss of community in my neighborhood. When making your decision please keep in mind the long term residents. Don't just tell us to move. Locals are a Key factor in the success of the STR industry. Balance must be included in this decision. I have lived on this property for 50 years and have no desire to sell it, or flip it, or compete with the Hotel industry. I ask you to consider the residents. Be sure you represent us at the table with the large real estate developers and new STR entrepreneurs. As long term residents,we provide affordable housing , attend meetings ,and have valuable contributions. We appreciate your consideration in this Variance. Thank You Michele Shean 405 22nd Street 757-667-9714 '11 1' ! O'R ✓" i 1l \ , , 1 0 20111-la 1f street i 03 it ____----- n 4 \\\ ,, 73;" 4. 0 CA------------- \ Cs OR OR i \ \ 1 \ ,„Al, \ ....,-;;,-- 1_.----------) Street 2011 N 1` Site W A&.e Property Polygons Nicholas luliano Novi. S Zoning 505 20th 1/2 Street Building Feet 0 510 20 30 40 50 60 1?t zl "4'`I` ri Sy 4: 44, CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: NICHOLAS IULIANO [Applicant & Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 505 20th 1/2 Street (GPIN 24270709520002). COUNCIL DISTRICT 6 MEETING DATE: August 15, 2023 • Background: The applicant is requesting a Conditional Use Permit to operate a three-bedroom Short Term Rental unit within a four-unit multifamily structure. • Considerations: The applicant is requesting to operate a three-bedroom Short Term Rental in a residential dwelling unit located at 505 20th '/2 Street. This application was deferred at the June 20, 2023, and July 18, 2023, City Council hearings. A minimum of three parking spaces are required for this application. Two of the required spaces are provided on-site. While the applicant previously identified and submitted an agreement to lease an off-site space, that arrangement has since fallen through. As such, the applicant is working to secure a third parking space within a quarter of a mile of the property as required by the Zoning Ordinance. Since the Planning Commission hearing, staff has informed the applicant of the requirement that the third parking space be subject to review and approval by the Zoning Administrator and that it be available to the occupants of the STR at all times. The applicant will need to provide a zoning compliant parking plan prior to obtaining their annual STR permit or beginning operation. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached staff report. Staff has received 2 letters of opposition from adjacent property owners, both of whom also spoke at the Planning Commission hearing and expressed concerns related to the number of existing Short Term Rentals in the area, limited parking, and enforcement. This item was deferred by City Council at their June 20, 2023, and July 18, 2023, hearings to allow the applicant to further discuss the concerns with the neighbors. Since that time, the applicant has advised Staff that he has been in contact with the neighbors and addressed their concerns and opposition. Nicholas luliano Page 2 of 5 • Recommendation: On May 10, 2023, the Planning Commission passed a motion to recommend approval of this item on the Regular Agenda, by a recorded vote of 8-0. 1. The following conditions shall only apply to the dwelling unit addressed as 505 20th 1/2 Street 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. A third parking space, at a location subject to approval by the Zoning Administrator, shall be available for use by the Short Term Rental occupants at all times. 6. 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. 7. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 8. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes and to be physically present at the Short Term Rental within one (1) hour. 9. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below. This information must be submitted to the Department of Planning and Nicholas luliano Page 3 of 5 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. 10.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. 11.There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23- 71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 12.All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31- 28. 13.Accessory structures shall not be used or occupied as Short Term Rentals. 14.No signage shall be on-site, except that each Short Term Rental shall have one (1) four-square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 15.The Short Term Rental shall have no more than one (1) rental contract for every seven (7) consecutive days. 16.The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 17.There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 18.The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). Nicholas luliano Page4of5 19.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 effect at the time 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. 20.A structural safety inspection report shall be provided to the city every three (3) years indicating all exterior stairways, decks, porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect) and are safe for use. The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks, porches, and balconies must be posted on each level of these structures. • Attachments: Staff Report and Disclosure Statements Location Map STR Vicinity Map Minutes of Planning Commission Hearing Letters of Opposition (2) Nicholas luliano Page 5 of 5 Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. —, Submitting Department/Agency: Planning Department City Manager: Applicant: Nicholas luliano Agenda Item Planning Commission Public Hearing: May 10, 2023 City Council District 6,formerly Beach 12 (Wei ol Virginia Beach Request Conditional Use Permit (Short Term Rental) Staff Recommendation Qo ' ,' Approval R 11 Staff Planner • • ,aLf.� Garek Hall Hannigan , III 00 Location p 51 •�1t�. 505 20TH 1/2 ST - f--j-`` 1` �1 01111 isiri.„..s.3 GPIN '� 24270709520002 illialiiii- ��j� Site Size �� 3 900 square feet i -t• ' i w o . `t 4 Existing Land Use and Zoning District Attached single-family dwelling/OR Oceanfront Resort Surrounding Land Uses and Zoning Districts ,- w 4,01y- yr ► . North 20th 1/2 Street(alley) � Single-family dwellings/OR Oceanfront Resort ii South ��., Y• - ti 20th Street - ' • ti - ` 4 �w�f ask Single-family dwellings/OR Oceanfront Resort 4. `' S ".f East 'k' � 'i. ii, : r �. " Single-familydwellin s OR Oceanfront Resort 1, +I °" , ;1 ' i->~, g / ' / 1 West + +1 - Q r,. Attached single-family dwelling/OR Oceanfront O. , r ` „�� , i, - Resort . + �"°"� ,,,,,:,,„ ,,,,..., Nicholas luliano Agenda Item 12 Page 1 Background & Summary of Proposal Site Conditions and History • This 3,900 square-foot lot is zoned OR Oceanfront Resort. • According to City records,this three-bedroom home was constructed in 2017. • The property lies within the RPPP boundary,where parking during the evening and overnight hours is limited. Based on this, a condition is recommended that would prohibit the occupants of the STR from parking in the street during the restricted hours. • Staff inspected the site on April 12, 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 April 17, 2023: CURRENTLY ADVERTISED LAST KNOWN RENTAL REGISTERED WITH THE COMMISSIONER OF THE REVENUE No N/A No Short Term Rentals in the Vicinity ;`. TS r; any �11a 1 -'-'111114..ji AO _ OW_?-/-5:--- 1-.1-Ii_ .----. , 1•t -_--- Va.. , .-..i t1 !: . = will ,i r ki lir 11�1111! I. : 5\l��la _-- 'A x ti 111111 �. .• ------ --d . t \' Short Term Rentals ' 1 } t,,b�)4..---% \1:1_, .\s It•P --___ ..1:--\ t - (tea,_ Y cur*Us _ j • ..ter � �: -A -k ___-1. '' ` V Nicholas luliano Agenda Item 12 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 Section 2303 of the City Zoning Ordinance. Specific details pertaining to this application are listed below. • Number of bedrooms in the Short Term Rental: 3 • Maximum number of guests permitted on the property after 11:00 pm: 6 • Number of parking spaces required (1 space per bedroom required):3 • Number of off-street parking spaces provided: 2 spaces onsite, 1 space leased off-site Zoning History Ds"' - t # Request i \ , 1 CUP(Short Term Rental)Approved 10/20/2020 CUP(Short Term Rental)Approved 10/20/2020 —c- -- -li ill 2 CUP(Short Term Rental)Approved 07/12/2022 �F� ::' :1'',1 3 ALT Approved 06/19/2018 4 ALT Approved 05/14/2013 1R-IP---- --- :- ---li I Il 1• 5 SVR Approved 10/08/2013 ALT Approved 10/08/2013 6 ALT Approved 08/17/2021 pTNsc cD 7 NON Approved 04/27/1993 1111 1 rD 8 SVR Approved 09/06/2016 '7 °R t 9 ALT Approved 06/07/2016 ' 1 ' 10 ALT Approved 09/16/2014 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—ConditionalRezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental Evaluation & Recommendation This Short Term Rental request is for an existing 3-bedroom attached single-family dwelling,which according to City records was constructed in 2017.This unit is under a Condominium Association which encompasses this dwelling, 505 20th%Street, and the attached unit,505 20th Street. Both the owner of this unit and the owner of 505 20th Street have signed-off on this application request as representatives of the Condominium Association. The surrounding area is predominately single-family and low-rise multifamily and includes several other Short Term Rentals, in keeping with the typical uses of the Oceanfront Resort area west of Pacific Avenue. The subject dwelling unit has not yet been advertised nor utilized as a Short Term Rental,according to City records and Host Compliance. Nicholas luliano Agenda Item 12 Page 3 The minimum parking requirement for this application is three off-street parking spaces. Two spaces for this application are provided on-site; however,the third parking space will need to be off-site. The applicant is working to secure a third parking space within a quarter of a mile from the property per the Zoning Ordinance. The applicant will need to provide a zoning compliant parking plan prior to obtaining their yearly STR permit or beginning operation. 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 505 20th%Street and the Short Term Rental use shall only occur in the principal structure. 2. An annual (yearly)STR Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwelling for Short Term Rental purposes. 3. 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. A third parking space, at a location subject to approval by the Zoning Administrator,shall be available for use by the - Short Term Rental occupants at all times. 6. For properties located within the boundaries of the Residential Parking Permit Program (RPPP),while the Short Term Rental use is active, parking passes issued for the subject dwelling unit(s)through the RPPP shall be limited to two (2) resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 7. This Conditional Use Permit shall expire five (5)years from the date of approval.The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however,the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints,violations of its conditions or violations of any building, housing, zoning,fire or other similar codes. 8. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located.This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 9. The owner or operator must provide the name and telephone number of a responsible person,who may be the owner, operator or an agent of the owner or operator,who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes and to be physically present at the Short Term Rental within one (1) hour. 10. If, or when,the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a'through 'c' below.This information must be submitted to the Planning Department for review and approval.This shall be done within six(6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b) Copies of the Commissioner of Revenue's Office receipt of registration;and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. Nicholas luliano Agenda Item 12 Page 4 11. To the extent permitted by state law,each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 12. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise),31-26,31-27 and 31-28(solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 13. All refuse shall be placed in automated refuse receptacles,where provided,and comply with the requirements of City Code sections 31-26,31-27 and 31-28. 14. Accessory structures shall not be used or occupied as Short Term Rentals. 15. No signage shall be on-site,except that each short term rental shall have one(1)four-square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator,that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 16. The Short Term Rental shall have no more than one (1) rental contract for every seven (7)consecutive days. 17. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars($1,000,000) underwritten by insurers acceptable to the City. 18. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 19. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers")shall be two (2) individuals per bedroom,which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 20. The property owner, or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Such inspection shall include: 1)At least one fire extinguisher has been installed inside the unit (in the kitchen) and in plain sight 2)Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in effect at the of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, and 3)All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. Properties managed by Short Term Rental Companies certified by the Department of Planning shall only be required to be inspected every three years.The inspection for compliance with the requirements above shall be performed by the short term rental management company and be documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors.The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. 21. A structural safety inspection report shall be provided to the city every three (3)years indicating all exterior stairways, decks, porches,and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect)and are safe for use.The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways,decks, porches, and balconies must be posted on each level of these structures. Nicholas luliano Agenda Item 12 Page 5 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 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 State Code,this item was advertised in the Virginian-Pilot on Tuesdays,August 1, 2023, and August 8,2023. • 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 July 31, 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 August 11,2023. Nicholas luliano Agenda Item 12 Page 6 Site Layout & Parking Plan - Revised July 6, 2023 Applicant is working to secure a third off-site parking space. P! 13 '55" W �1/3C �/ �/ �/ j', -r- X ! X x.. �v X 7.............x x }' x� 1 - Zi4 ti "L O - itk , S -.,v 1 ) n fri' ,1 507 20th '/z Street :�IIIIIIIIIIIIIIIIiV;S::_:;z1 ;—[ __ .ICI+1��1,1��1�J�S�l�1�l,J�I�l�I�I�I)I, o co 507 Space 507 Space T y 0 505 20th Y2 Street 1 . - ` 505 Space lim'(Sc . erieer4 wr,,,ii � ,,, ��s�t� „,„ J~ I1I ' ,I,I,I,I,I,III,I,I,I,I,I,I,, 1 IIIIJIIIIII,I . _ MIMp ymon _ a S 13'57'55- 1- 130' ‘t' ' _ w Nicholas luliano Agenda Item 12 Page 7 Site Photo 1 3 F •A F_ � .� t', F . 1 j II liii ...,_,. A per. r• --PC -• 1 -. ser -a- z 1 --� \ . iitoita , ! d�� •�l1 ~'- 1 Nicholas luliano Agenda Item 12 Page 8 Disclosure Statement • rrlf5:CA-ECC5-4E11.9EEA-75379Z19C0.19 Disclosure Statement •,�;,��.rip . .a • Planning&Community Dekekvme tt The disclosures contained in this farm 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 ar ion by the City Council or a City board,COntrIIISSIOn Or Other body Applicant Disclosure Applicant Name Nicholas Iuliano Dora the applicant have a representative? SI Yes ❑No • yes,list the rams of the revesentanve. hica c ore is the.Applicant a corporation,partnership,firm,business,trust or an unincorporated business?❑Yet U No • i°yea,list tic nar:cs 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 (Attar• a list if necessary) '''parent-subsidiary relationship"means"a relationship that a sts when one corporation direct/sr 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§2.2-3301- '"Affiliated business entity relationship'means"a relationship,other than parent-subsidiary relationship,that exits 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(WI there is shared management or centre between the business entities.Factors that should be considered in determining the existence of an affiliated business entity reationship include that the same person or substantially the same persor own or manage the two entities;there are common or commingled funds or assets;the business entitles share the use of the same offices or employees or otherwise*are 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 42.23301. Revised 1/.012020 Wage Nicholas luliano Agenda Item 12 Page 9 Disclosure Statement Ur.w:L iTIf nor. .s• Al-•I FF=L ,'r,r^tn's(i,''• Disclosure Statement NiB fig.r♦t pekui Md. Planning&Community :an-- Dev eloprnent Known Interest by Public Official or Emplut.ee Pries an official or employee of the City of Virginia Bead have an interest in the subject land or a"y proposed dr•veiorie,erit not:ngen(or the s..biect public action?❑Yes No • if yes,what is the name of the official or employee and what is the nature of tie•nterest? Applicant Services Disclosure 1 Ones the applicant have any existing financing(mortgage,deeds of trust,cross-collatrraliration,etc)or are they coesidering any financing in connection with the subject of the application or a-v husinesr_.pe•atir1 or tore.o.e'ated e: d r prnpr•r y I Yes O No • If yes,identify the financial Institutions providing the service. PenryMac Financial Services(mortgage holderl 2 [toes me applicant have a real estate broker/agent/reactor for current and anticipated future sales of the subject property ❑Yes ■No • if yes,identify the curnpa••y Old Individual providing the service. t goes Inc applicant have services for accounting and/or preparation of tali returns prcv:ded in connection with the co.ibject of the'appi;nrtionor any business operati^gc: lr.azo:•c•atc•::c thenroper,'7 Yes ■ NO • tf yes,identify the firm and indrvla a pray:icii ri ;rr,cr d Does tee applicant have services from ar architect/landscape architect/land planner crov der:in r nnnertior•.with the subject a` the app'ication or any business operating or to be operated on the property?❑Yes II No • if yes,identify the firm and individual providing the service. 5 Is there a-y otner pending or proposed purchaser of the subject property?0 Yes 111 No • If yes,identify the purchaser and pui chaser's service providers. Revise-et 11.09.2020 2 I P t!r' Nicholas luliano Agenda Item 12 Page 10 Disclosure Statement DoorSian Envelope ID 873CeCOAECCda£ts AFFA 7d]7001114stle Disclosure Statement V13 Planning&Comtnuttity err— Development 6. Does the appkant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property t 0 Yes A 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 nr arrr Miness operating on to oe operated on the property C Yes MI 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 nr to he operated on the property?0 Yes ■I No • II yes,identify the firm and individual providing the service, Applicant Signature r s rtbfy that ell Of the;nformation contained in this Disclosure Statement Form is complete,true,and accurate. I understand••..i. urort receipt d'notification that the application has been scheduled for pubic hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Consm.ssion,City Council,VDOA,CDPA,Wetlands Hoard or any public body or committer in connection with this application_ —oo:.sr•..e W Mtt Plt?aatn[i Applicant Signature Nick IYli&no Print Name and Tile /?D 7D73 Date Is the applicant also the owner of the subject property? I Yes 0 No • If yes,you do not need to fill out the owner ds.r l:x.:re statement, FOR CITY USE ONLY/Alt disclosures must be updated two(2)weeks prior Sc any Planning Commission and City Council meeting that per ains to the applications Pio thaws asat Prtr 07.28.2023 sgrnturc ,' / • VIM(N.mr t J _ Pamela Witham Revised12,091020 3IQas,c Nicholas luliano Agenda Item 12 Page 11 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or"a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division,and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Nicholas luliano Agenda Item 12 Page 12 STR VICINITY MAP NICHOLAS IULIANO 1, \ \\I ,, — _ ti ' III ti _ _iii �� y, 5 4A TO 1011---__4.t 117 -SI- j:I.\ -,i 4 ---f--------t- A,E17.-, kck- ik1/4.. __. \ - .;_.-- yu tol, -, ,..A. ,_.,. ,_____,-:-------- -------- -00____ .,..', ,, ____ __, . , i„., ,,,, .___ ,, „ _ . ______ Swim ,-- --;.; , .e.lrik \ —11110 i . 114' 1.Ta'-.2,4.1 ____ _- _-- __.:::___V:;.. — _-_-:7_-_-_=:----7 imil',1111 \ ,L.... .. .0-:;- r, "i _ --------- lila% . . .. • ' -5;411.0* i • t•1 9\'W 111 .eL-- -1---iiiiip:_ 110 __01 . % . a; c 147-0--1010':".1 Oil I Itilit____V, __..----.--.. .: ---I -: ---0161144", , _ 000...... _ _ _ . _ 7.1... ..,4.1 .,. . ., . k sloo: --_, . --1:- .. %..-----1-7-:-,„-----4---:_ -.:5:-----------1r-u ! - • iiiiiti' ' vii ...,, .!.. ...ci ) L _-. 25----iiarn —is tti ID- '`':' ----7 ---A 't #111W Vii% ITTelt7ii 01'. 1"---------____ -- - - li • Oil 4111 . A . ir .c41 , . '• --_--- -- 4. • li ----- 4000.101 . . A ---- „. _loto „ • ___,„.„.-_i rc:-)... . _„,__--wit . id ------ \I -iiiat ____,----0,,, 4, ilitri , 11 __. .ii la -Q .:.- Ail''' 011:01:11 * Ill ill* 1:124 _lam '" 5s ill Short Term Rentals _. 44 ;= T -J 'Ili* - _:T'rc'- Y�1 - ' CLIP11,..„ ...i . Etati e ( - __30 r:____----_--..- ---.1 A i _ __ _,,, ,,-_-_, • Y5 titi r Virginia Beach Planning Commission May 10, 2023, Public Meeting Agenda Item # 12 Nicholas luliano (Applicant& Property Owner) Conditional Use Permit (Short Term Rental) RECOMMENDED FOR APPROVAL Madam Clerk: Agenda item 12, Nicholas Luliano, is an application for a conditional use permit for a short term rental at 505 20th and a 1/2 Street in Council district six. Mr. Alcaraz: Please come forward and state your name. Mr. Luliano: Hi, I'm Nicholas Luliano. Mr. Alcaraz: And you're the owner. Mr. Luliano: Oh, sorry, thought you were asking me, I said my last name. I get that all the time. Yeah, so the property owner at 505 20 and a 1/2 Street. Mr. Alcaraz: All right, go ahead. Mr. Luliano: All the conditions are acceptable. Mr. Alcaraz: Okay. Is there any questions? None. All right. I think we have some opposition, so we're gonna hear them. We're gonna give you a chance to come back. Mr. Luliano: Okay, thank you. Mr. Alcaraz: Thank you. First speaker. Madam Clerk: Calling Sandy Dietrich, followed by Sarah Welch. Mr. Alcaraz: Hello, if you can just state your name and your address. Ms. Dietrich: Sandra Dietrich, 518 20 and a 1/2 Street. Mr. Alcaraz: Okay. Ms. Dietrich: The house, the two structures that are duplex, it's actually a four-plex that are requesting are down the street from us. They have very tight parking almost no green space, only one of the units has green space in front. None in back because they're, it's a four unit complex, 20 and a 1/2 Street has no street parking. There is, it's an alley. So there is no off street parking. It's very, very tight street. So it's difficult for two cars to pass. So that's one of our concerns, but our main concern is having lived there for five years is when parties and, it gets out of control. There's more than the allotted number of house guests permitted, and we had an incident a couple of years ago where there were over a hundred people in one of the units next door to us, and the police came, tried to empty the house of the, all the extra guests and the police told us there was no recourse. Their hands were tied and at a recent, at a recent Beach Resort Civic Meeting, we had someone up, sergeant from the second precinct who again confirmed that the police hands are tied. So when there's a large party or something going on, unless a crime is committed, they have no recourse. As a neighbor, we have no recourse other than to call the police, maybe they can empty the house, but that is it. The other concern is that we found out that the planning commission has never revoked a conditional use permit. So as neighbors in the neighborhood,we have no recourse. We're permanent residents, but we have no one. The police hands are tied. The Planning Commission is issuing all these conditional use permits, but as permanent residents, we just don't have a recourse and if you call the number on the signs that are now required for short term rentals, it goes to a voicemail and then you get no call back. Also, if you don't know the owner, how do you get in touch if there is a problem? And now the house behind us, that owner has moved to Texas. So if there were issues, we can, we have his email, but what do we do? Again, there's no recourse. So we just feel that as permanent residents who want to live in a nice neighborhood close to the beach, we're as residents, we're not being heard. It's more like you're treating the neighborhoods as a tourist destination as opposed to the permanent residents that we just have no recourse. So I feel that the Planning Commission should take a look at maybe placing some kind of density cap per block so that a block does not have all short term rentals, that there is a balance between permanent residents and short term rentals. So I just asked for your consideration in this like I say, the street is very narrow, we are in alley, we'd like to remain a neighborhood as more where you get to know your neighbors rather than people checking in and checking out and checking in and checking out. Mr. Alcaraz: All right, Ms. Dietrich, I'm gonna ask if there are any questions for her before she sits. I have a couple of questions anyway. The incident was that a short term rental, a licensed one that was next door to you? Ms. Dietrich: I'm not sure that they were licensed at the time. We also have a, I will add one more other thing we have. Mr. Alcaraz: Well, I just wanna specifically the hundred person party was that licensed? Ms. Dietrich: I'm not, I'm not sure if they had, Mr. Alcaraz: I'm just trying to see what, you know,jurisdiction the planning staff has. Ms. Dietrich: But there were a hundred people. There were 10 police cars, and the police said there was nothing they could do. Mr. Alcaraz: Well, the staffs here, I'm sure they're taking this in and they'll see what they can_do. I'm not sure, as long as I've been here, I don't know if we've ever revoked STR, but I mean, I don't know. I don't think we have. Ms. Dietrich: That's what I'm saying. You haven't, so. Mr. Alcaraz: Because it's still new and they're going through the process. Where is your house compared to this one? Ms. Dietrich: We're on the opposite side of the street about 1, 2, 3, 4. Mr. Alcaraz: So you're on 21 st then? Ms. Dietrich: I'm on 20 and a 1/2. Mr. Alcaraz: This is 20th and a 1/2, right? But you're on the other side of the street. Ms. Dietrich: Right. Mr. Alcaraz: So, okay. Ms. Dietrich: We're on the opposite side of the street. Mr. Alcaraz: So 518. So you're closer like Town Bank. Ms. Dietrich: I'm sorry. Mr. Alcaraz: You're closer to Town Bank that way, not West, I'm trying to get your bearings where you're at. Ms. Dietrich: I'm just across the. Mr. Alcaraz: This is 505 and you're 518. Ms. Dietrich: I'm 518. I'm only about five doors up on the opposite side. Mr. Alcaraz: Okay. Is there any other questions, Mr. Coston? Mr. Coston: I just had a comment. I believe the staff added people who could respond to these types of complaints. Is that not so? Ms. Sabo: For staff, absolutely responds to when we get violations, unfortunately we don't work 24 hours a day, so if there is a complaint that comes in after hours that would go to police, they would be the ones who respond to that. If police respond, we have a good relationship with the police. If they respond to a short term rental, we are notified so that we can make note of that, and take the proper violation action if necessary for that short term rental, but we do respond to that. Mr. Coston: So that's something that's been added since a few years ago so that they can track if there's an issue at a short term rental so that you can get that complaint in, that would then cause the revoking of a short term rental at some point. Ms. Dietrich: Well, in response to that, we have at 526 20 1/2 Street, he does not have a conditional use permit and he's still running un illegitimate short term rental. So, and we've made complaints and I'll look into that property. So again, that's our concern. Thank you for your time. Mr. Alcaraz: Thank you. Madam Clerk: Sarah Welch. Ms. Welch: Good afternoon, thank you for your time. My name's Sarah Welch and I reside at 522 20 and a 1/2 Street. I'm right down the street from the proposed rentals four or five houses down. I stand in opposition of these short term rentals for the rationale that the street's already active, very active in my opinion with the short term rentals at 518, 525, and the unpermitted one at 524, which is directly next to my property. There are 35 houses between Mediterranean and Baltic because that's where we're at and on the, between the north side of 20th, the South side of 20 and a 1/2 and 21st street. So that's where the 35 houses are. With the current number of short term rentals, we've had situations of loud tenants, parking issues, lawns unkempt, I've submitted photos in the past to the short term rental community. Every time there's a renter in our illegal home that's right next to mine. We also have had one at that Sandy mentioned at 516 where the owners tried short term renting and it blew up,and they quickly stopped doing it, regularly especially through the hundred days of summer that we all love between Memorial Day and Labor Day, there are parking issues or actually travel issues when you're trying to get in and out of Mediterranean and Baltic,when people are moving in and out. There are not many parking spots typically for these houses and so when people are moving in, they have a tendency to park where they can and then park behind those cars while they're moving in and moving out. Again on this alleyway,you're trying to go get groceries on a Saturday, I work full-time. You're trying to go get groceries on a Saturday and, you know, you struggle getting out onto the street. So I just think that with these additional short-term rentals, the parking issues are gonna increase. I had a situation where I had a renter come to my property, ring my doorbell, ask me if they could pay me to park in my driveway while they were renting the house next door. We continuously have folks who live on 21st Street, but their driveways are on 20 and a 1/2. The renter's park in their driveways, and then they try to get out and they have to go to the house and ask the renters to move their car so they can get out their driveway. I moved to Virginia Beach in 2019, and I purposefully bought in this area because it was residential and not full of investor real estate. I drove from Sam Bridge to North Beach to look for locations and I liked this area and Old Beach. So what I wanna do as I can see my time's running out, but I wanna ask you all to truly consider a density cap. Sandy and I have talked a lot about it. I think a 5 to 10% density cap is a very reasonable thing for this Commission to think about. The other thing that I wanna remind all of you is that once a short term rental address is identified as short term rental, it is a short term rental at that address. It can change owners multiple times and it remains a short term rental and so I just wanna make sure that you think about that as you make your decisions. I respectfully request you take my feedback into consideration and I thank you in advance for your time. Mr. Alcaraz: Hold on. Any questions? None. Okay. Next speaker. Thank you. Madam Clerk: That's all the speakers for this item. Mr. Alcaraz: That is. All right, sir if you can come up front, can you address any concerns that you just heard for us please? Mr. Luliano: Yep absolutely. I do appreciate the concerns, you know, brought on by Sandra and Sarah. I'm happy to give you my phone number and stay in constant communication, you know, I'm speaking on behalf of myself and Jamie George, who's next up on the agenda. We're the property owners at 505 and 507 20 and a 1/2 Street. We've been neighbors for almost six years and we're the original owners of the current property construction in 2017. We still live there and plan to remain property owners for their foreseeable future. These houses will always hold a special place in our hearts as we both started and have begun to raise our families there. We love the community as you do walks to the farmer's market, local businesses, the boardwalk, et cetera. But we are both looking to begin our next chapter as our families grow, we are looking to relocate within Virginia Beach, and when we do, we feel that operating our properties is short term rentals, it's what's best for our family's futures. But we still plan to stay active within our local vibe district community as property owners. As shown on the agenda, the surrounding area has dozens of short-term rentals operating with a conditional use permit, and likely many more to come with the construction now underway at Atlantic Park. The properties are within the Oceanfront Resort, short term Overlay District and also many other properties on our street and near us, operate as longer term rentals with 6 to 12 month leases. We plan to contract with Sojourn. Property Management to manage our properties and rental contracts, Nicole Pace; the Chief Operating Officer of Sojourn is in attendance today. They market themselves as high end rentals and thus we plan to charge premium. This alone will help dictate our clientele as it sounds like that's a bit of a concern. In all perspective, renters will go through a fraud and background check, and we have the ability to approve or deny renters. Our preferences are rent to traveling families and traveling professionals. After all, tourism is a - key economic driver in Virginia Beach. We do not intend to be any sort of detriment to the community. We plan to invest in it and help it continue to thrive; you know, and to directly address some of those concerns, you know, we do have our own parking here. I can understand higher up on more West on 20 and a 1/2 Street, where some of those houses are compact and its shared parking where that can be difficult. But we have clearly defined parking spaces and we'll have clearly defined parking spaces for each of our units, two off street parking spaces per unit and we've also contracted with a local business to have a third off street parking space in order to meet the city requirement of three off street parking spaces per bedroom. You know, we haven't had an issue living on the property for almost six years. understand it can get tight on the street sometimes, but you know, we do have that off street parking available again; I am happy to provide our number to our neighbors. We want to be neighborly throughout this process and we are gonna continue to be involved property owners and keep up with the property and all that. Thank you. Mr. Alcaraz: Hold on, any questions? Ms. Cuellar: I have a question. Mr. Alcaraz: Sure, Ms. Cuellar. Ms. Cuellar: You had mentioned in your comments that you have a property manager who's gonna be managing the short term rental. Mr. Luliano: Yes. Ms. Cuellar: And have you had the opportunity, do they have a plan in place, if you will? Should there be a complaint for the property? Mr. Luliano: Yeah, can I invite her up to speak? Mr. Alcaraz: Oh, that's up to Ms. Cuellar. Ms. Cuellar: Sure. Ms. Pace: Hi, Nicole Pace. I'm from Sojourn. We are a local real estate brokerage and property management company. We started in DC in 2019 and moved down, opened in Virginia in 2020, opened our brokerage in 2022 in Virginia Beach. . We manage about 300 properties from New Jersey to North Carolina. We're very, very experienced property managers. We hire local on the ground hospitality managers. We have lots of great rapport in Norfolk with our neighbors and there,we have our signs up with our phone numbers on them, so would not be opposed to that being one of the plans, but we do make sure that everybody in the neighborhood knows to call us. We have somebody that can respond in every neighborhood that we operate in within 20 minutes. We also contract with a local security company. So if we were. to have any problems, we understand that the police can't do anything but the property manager can come and revoke a stay because once you give the property at short term rental license, these people are transient and not residential.- So we can come in, change the codes, we operate, all of our codes are remote controlled. So at any point we can revoke access and in this area, I don't know if I've, anyone else in Virginia Beach is doing this, but I do know in Norfolk and North Carolina, we're the only company backed by Lloyds of London. So we have a third party security system like screening system that Nick brought up. So if you book with us on any platform, anywhere, the first thing you have to do is verify your identity. Your identity has to match your credit card. Your credit card has to match the reservation. It's big circle. No codes are released. No addresses are released. Nothing is released until we make sure that all of those pieces come together and because of that, we have almost no problems at all in six states. So yeah, we went through the COVID and the crazy of all the renters and we take a lot of pride in operating legal, safe, short term rentals that cater to professionals and families. Ms. Cuellar: Thank you very much. Mr. Alcaraz: So, hold on, let me ask you,just a scenario. I'm just curious. So let's say it happens, I just wanna know, what happens if there's a hundred people in the house? What do you do? Ms. Pace: Well,we would call our security company and then we would revoke access, right? We would go in, we'd start clearing it out. I'm not saying it would be a perfect scenario, right? We would hope to partner with local law enforcement to help us. But I think the difference is if the property owner or the property manager is there with the police and says like, this is trespassing. These people'are not allowed to be on this property. The codes are revoked, everybody's got to go. But I will tell you like we have noise monitors and cameras in every single unit. I also don't wanna get up at one o'clock in the morning to clear 100 people out. But I personally, I own the company and I personally monitor what's going on in this region at night. So once those noise monitors start going off and those cameras like pick up too much, like front door opening and closing too often, we're already on it. We're there when the first 12 people get there right. We're not showing up two hours later when the cars are lined up down the street and the situation is completely out of control. Mr. Alcaraz: Sure. Is there a fine? Ms. Pace: We do put a $500 fine for like smoking and noise in our thing. It's not always enforceable on all the platforms, but it's very much. Mr. Alcaraz: I know it's different for every manager. Ms. Pace: Yeah, but the thing is with Super Hog, which is our identity program, that's the Lloyds of London program, you're forced to buy a damage waiver and you're forced to put your credit card on file. So once you do that, you're much less likely to go in and destroy someone's home because you now are like legally responsible. Where if you book on AirBnb, you could just show up and AirBnb covers you like they have an insurance policy. But with us, we don't care what platform you're booked on, you have to buy this insurance policy and that you have to sign something saying like, you're not going to intentionally cause any damage, right. We understand if like an accident happens, but so it really is like probably the best to turn out there. Mr. Alcaraz: All right, thank you. Ms. Pace: You're welcome. Mr. Alcaraz: Any questions? I have one for the owner. The parking space, the way it's shown, is there actually eight parking spaces there? Mr. Luliano: Yes. The entire property is four units. So there are two that face 20 and a 1/2 street as you see there and then there's two other units that are gonna continue to operate as private residences that face 20th Street. They both as we are technically a condominium,they both signed off on our application for the conditional use permit, so there is eight spaces and it's two off street parking spaces per unit, which was the city requirement when the property was built. Mr. Alcaraz: Understand, now I understand, okay. So the parking for the front units are in the back too, okay. That's all I had. Any other questions? All right, thank you. Mr. Luliano: Thank you. Mr. Alcaraz: We'll go into discussion if there is any, anybody. I'll start, if you guys wanna jump in. I know this is in the OR district. The OR district has that element of rental properties. I know one of the speakers stated that she looked and I guess did her due diligence and seeing if she wanted live there, but. I drove around there too, and I know the area and there's like one story duplexes all in that area. So there is a rental identity in there, and I guess it's just, it's improving and I see this, I think there was a duplex where this four-plex was right, and now they're in a OR district, however I hear, I hear the residents and it all comes down to management. Then that's where, sorry to say that we need help from the planning department's staffing, so I know we're understaff and these odd hours where these things are happening. It's a control issue that we can't get to. It puts us in a bad situation because we have to sit here and vote yes or no. It's an OR district, but then these other units that are illegal or poor management are the ones that are making it hard for us to vote. So that's my comment. I'm kind of, I need to hear from you guys. See where you guys want to go on this. Mr. Horsley: I don't think I can help you or not any, but I'm, you know, I'm very sympathetic to the lady that spoke earlier, but like I say, it's in the OR district and I guess it's, you know, we can make all the rules in the world, but it's really hard to enforce a lot of them, if the police can't get it done, you know, it's a bad situation. So it was interesting to hear from the management, the young lady that spoke that manages property, it seems like they've got their act together and maybe, but I think staff has heard what the lady spoke about. I think they're going to try to do something to rectify those situations with the police department and whatever and, because that's planning staff, they're not policemen, I mean, but they do the best they can. Like I say, we could use a few more when we can get that approved, but, so I don't know whether that I'm in favor of the application. I guess it's in the right district for it, and George lives down that way and he says it's in the rental district. So I guess that's kind of what that property is but, I do have the sympathy for the people who live there that are full-time residents. This is one of the things, back when we first started talking about short term rentals years ago; I said that to get into communities where people live. But we tried to rectify that by establishing the OR districts and just happened to end up being in one. So I guess deep down, you know, never been a big fan of short term rentals, but, you know, I have to abide by the ordinance and according to what ordinance is, I guess this one should fit into this area. So, I don't know if that helped too much tonight, George, but that's kind of way I feel, I guess I would have to support it. Mr. Alcaraz: All right, Mr. Coston, go ahead. Mr. Coston: I think I saw staff taking an address down, the one that y'all mentioned that was operating illegally. So that's going to be addressed and like they said, it's in the OR district and I don't even know if we're going to have say so in the future, but I'd move that we. Mr. Alcaraz: Thank you, Mr. Coston, Ms. Cuellar. Ms. Cuellar: Thank you Mr. Chairman. I think there's a lot of risk involved when it comes to short term rental, both from the property owner and for the renter and I was reassured today looking at the applicant, hearing from the applicant and the steps that he's taking to be the best neighbor possible when it comes to a short term rental. So I wanna thank the management company for providing that as I were living down on 20th and 1/2 Street. I would be reassured by that. I'm also very empathetic to the residents who are here today, but given the diversity in housing that it offers to our city, I would be grateful to for the planning commission to give, do the best that we're able to when it comes to the complaints and the management. I know it is difficult, but as we continue this dialogue to be the best neighbors that we could be to each other, I just wanna thank the applicant and the management company, so I will support this application. Mr. Alcaraz: Okay. Anybody else? Mr. Clemons. Mr. Clemons:Yes. Thank you Mr. Chairman. I just have a couple of comments. I'm very empathetic to the neighbor's situation. I would point out that I think this is a great opportunity to try to build improved relationship and responses with the police department in that particular area and perhaps with respect to all short term rental communities, there's gotta be some way forward in terms of, you know, maintaining, you know, peaceful living environment for the people who live here, as well as allowing those who do come to visit our city to be able to enjoy it. Thank you very much. Mr. Alcaraz: All right. Thank you. Well, I think Mr. Horsley you said, what I was thinking is, and I really appreciate the presentation with the management because it all comes down to management that's what it's all about and I'd really like if maybe planning department can get either a resume or something when they do the application on who that management firm is to help us and not just a, sorry to say because I've heard some of 'em have been the house cleaners over there and are they responsive or,you know, if they're a distant owner who they have to represent 'em over there. But I think that's our number one problem is management that they need to be responsive. appreciate the plan you gave us and, I'm gonna support it if someone can make a motion. Mr. Horsley: .I make a motion. We approve the application based on the facts that were provided by the applicant and his management company. Mr. Alcaraz: All right. I got a motion from Mr. Horsley. Ms. Cuellar: Second. Mr. Alcaraz: Second by Ms. Cuellar. Madam Clerk: The vote is open. By a vote of eight to zero, the item has been recommended for approval. 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 following conditions shall only apply to the dwelling unit addressed as 505 20th 1/2 Street and the Short Term Rental use shall only occur in the principal structure. 2. An annual (yearly) STR Zoning Permit must be obtained from the Department of Planning and Community Development(Zoning Administration) before using the dwelling for Short Term Rental purposes. 3. 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. A third (3rd) parking space, at a location subject to approval by the Zoning Administrator, shall be available for use by the Short Term Rental occupants at all times. 6. For properties located within the boundaries of the Residential Parking Permit Program (RPPP), while the Short Term Rental use is active, parking passes issued for the subject dwelling unit(s) through the RPPP shall be limited to two (2) resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 7. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 8. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight(number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4- 1. 9. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes and to be physical present at the Short Term Rental within one (1) hour. 10. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 11. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 12. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 13. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 14. Accessory structures shall not be used or occupied as Short Term Rentals. 15. No signage shall be on-site, except that each short term rental shall have one (1) four-square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 16. The Short Term Rental shall have no more than one (1) rental contract for every seven (7) consecutive days. 17. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 18. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 19. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 20. The property owner, or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Such inspection shall include: 1) At least one fire extinguisher has been installed inside the unit (in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in affect at the of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, and 3)All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. Properties managed by Short Term Rental Companies certified by the Department of Planning shall only be required to be inspected every three years. The inspection for compliance with the requirements above shall be performed by the short term rental management company and be documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors. The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. 21. A structural safety inspection report shall be provided to the city every three (3) years indicating all exterior stairways, decks, porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect) and are safe for use. The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks, porches, and balconies must be posted on each level of these structures. From: Sandy Deiderich To: Planning Administration Subject: OPPOSITION for Conditional Use Permit Requests for 505 and 507 20 1/2 Street and 505 and 507 20th Street- May 10,2023 Date: Thursday,May 4, 2023 6:22:41 PM Attachments: jmage.onq image pnq CAUTION:This email originated from outside of the City of Virginia Beach.Do not click links or open attachments unless you recognize the sender and know the content is safe. Attention Planning Administration: We are in our opposition to the request for Conditional Use Permits for a four-unit building located at 505 and 507 20th 1/2 Street, and 505 and 507 20th Street. We reside at 518 20th ,/2 Street, and these Conditional Use Permits directly negatively impact our neighborhood and streets. This housing structure encompasses two streets with very limited parking. The duplex for 505 and 507 20th Street offers no driveways for parking, only street parking which is inadequate (reference photo 1). The duplex at 505 and 507 20th 1/2 Street has very tight parking spaces, assuming this provides enough parking for guests for those two duplexes (reference photo 2). However 20th '/2 Street is an alley which has limited passage for cars and absolutely no street parking. Should Conditional Use Permits be granted to these four units and they fill to capacity, there is limited outdoor space for guests to congregate because the units are attached and there are only small front spaces; certainly not enough to accommodate large groups of guests. Our frustration is that no one specifically takes responsibility for oversight of Short Term Rentals; it's more of a kick-the-can down the road issue. The Police hands are tied, and the City's Planning Commission is having issues defining the rules and regulations; and does not enforce them. After attending the Beach Resort Civic Association meeting on Monday, April 24th, it was very illuminating regarding Short Term Rentals; both from a Sergeant of the 2nd Precinct and the Planning Commission. The Sergeant explained when there are issues with large gatherings and parties that exceed the number of permitted house guests; there is no recourse from the Police unless a crime is committed. It was also confirmed that the Zoning and Planning Commission have not revoked a single Conditional Use Permit for an owner. This means that as homeowners in our neighborhoods we have no recourse against owners of STRs. The signage for STRs has a number that goes to a voicemail. So if there are issues with a large party or noise, there is no way to have the issue addressed with an owner. Another valid concern, is the owner at 526 20th 1/2 Street, continues to operate an illegitimate short term rental. This house has never been provided with a Conditional Use Permit, and yet the owner continues to ignore the City's rules and regulations and operates however he chooses. Again, there are no consequences for violating the rules and regulations. In the past, we have experienced numerous incidents with Short Term Rentals. A particular incident was a grill fire on a porch that my husband extinguished because the guests were not supervising. Another incident involved an out of control party with 100 people that ended with 10 police cars and no arrests. Additionally, the owner of the STR house located at 518 21st Street, whom we share green space with, lives in Texas. Again, there is no oversight as to how to address issues when they arise. As homeowners residing in this neighborhood, we are discouraged and disappointed that we have no voice or recourse regarding Short Term Rentals. Short Term Rentals alleviates neighborhoods; they just become rental properties. As permanent residents, our desire is to have our neighborhoods remain neighborhoods, not just tourist destinations. We respectfully request that you consider a recommendation that the Planning Commission place a density cap for each block to restrict the number of Short Term Rentals. Thank you for your consideration in not granting Conditional Use Permits for these four housing units. Respectfully, Howard and Sandra Deiderich 518 20th '/z Street, VB 571-319-1135 sdeiderich@gmail.com Photo 1 505 and 507 20th Street (No Driveways) JO �AiK .i- p iwilit • )44114. Photo 2 - 505 and 507 20th 1/2 Street -,....., aw,t4 r, -r• -.."1/4.• .- „ Zr r•- .!...?". • 111111 v.,, ....gr ,,•A 4401 - -C, I 1 -,',Z -; ,Ito,„ r.,.,......, ..... .. ..„ ,r._.. ....iis ' Plitri , c-r i rkr— • —"t •,--- I, .46 °‘ —11stAr- ,,,. :,......., , ........:„......____,_ 0 ..• ."'it ...i , ..., - - --".-'-. '4> --,C1 t.mire, *.• • L't . , 6 • : May 2, 2023 To: City of Virginia Beach Planning Commission My name is Sarah Welch and I reside at 522 20 1/2 Street down the street from the four (4) proposed short-term rentals at 505 and 507 20 and 20 1/2 Streets. I stand in opposition of these proposed Short- Term Rental (STR) conditional use permit (CUP) requests. My rationale for this opposition is our street is already active with several homes that are either active as legal permitted (518 21st St. & 525 20th St.) or unpermitted (524 20 1/2 St.) short-term rentals. There are 35 houses between Mediterranean and Baltic on north side of 20th, 20 1/2, south side of 21st streets. With the current number of STRs, we have had situations of loud tenants, parking issues, and the lawns unkept. (I have in the past submitted photos of parking and lawn issues.) We also had one at 516 20 1/2 street where the owners tried short-term renting (for a very short duration), they personally pulled it, and sold the condo because they had issues with renters where the police were called in to manage the situation. Regularly, especially through the 100 days of summer, there are parking issues on move in and move out days. I believe based on the code of 1 parking space per bedroom there is not ample parking. In this situation of 4 addresses, it may cause even greater parking issues on move in and move out days. I personally experienced a situation where had a renter came to my home and ask if they could pay me to park in my driveway. Renters routinely park in the driveway that belongs to the houses in our condo community on 21st street and the owner have had to approach the STR occupants to move their cars so they can go about their business. I moved to Virginia Beach and into my home in May 2019. I purposefully bought this house in this neighborhood as it was in a single-family home area with homeowners in most of the houses. I did not buy in other locations in Virginia Beach due to the high concentration of investor real estate properties. As a homeowner, on this small street (basically an alley way) I am concerned with the potential for too many investor properties in a half block situation. I am also concerned about the potential of property value degradation, home upkeep, and safety within our neighborhood with too many homes as investor real estate properties. I am requesting that you consider not allowing this new set of 4 addresses to become short-term rentals. If we must continue to have investor real estate in the Ocean Resort district, I am requesting that this council consider a density cap to ensure that no one neighborhood turns into an area where the propensity of homes is investor-owned and short-term rentals. I believe that no more than 5-10% of the homes in each location should be investor and short term rental. I respectfully request you take my feedback into consideration as you make your upcoming decisions. Thank you in advance for your time. 200E BALTIC A 2013 to14 67i! 5�4 2M r 42 1, 400 504 2ISTST t "� n 2009 3 2007 iM ' S1►CY ' 0>IM 51221ST$ S' ' Y r' ---1 i22•CM 330�2}15T ST 432 l r.3 E S1{, - - }` , 2005 vr-'°'ry: �fi? • 1 e _$ b 2N4 ? 429-CM _i 10 t4 : ---__-J�!_...-� 507CM 2004 BALTIC AVE 2003 -- 51 507 2m2 t3ALTIC A\''E 1 t,�1, 2001 ..—.r-'... 515 509 2002 l 519 l 505 �,B3+'" 523CM 577 513 507 10 11� H - It 1 , ,•20T ;' � ,2,,,. 4{01420TH= .,.. ‘......4_,„„,.., 6 �' ,, 044 a s 94 ¢ au i 1�i. _. y 1NT r 4_.1 Six+ • t 1 ' leuo . a,.40,01 NM1900BALTIC.AVE �__. �cw,,of Virginia Beach,VITA,Esri,HERE,Carmin,INCREMENT P,US Sarah R. Welch 522 20 1/2 St. Virginia Beach, VA 23451 srwelch64@icloud.com 704.609.1590 1 1 _� • l CO3--R , \ = rest \ 0� 20�hvr N0st \O 0 1 \ / OR \ \\OR 0 II'A'?:-* h street 20I N V�� Site WA�)LF Property Polygons Jamie George -LI'' S Zoning 507 20th 1/2 Street Building Feet 0 510 20 30 40 50 60 1';, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: JAMIE GEORGE [Applicant & Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 507 20th 1/2 Street (GPIN 24270709130002). COUNCIL DISTRICT 6 MEETING DATE: August 15, 2023 • Background: The applicant is requesting a Conditional Use Permit to operate a three-bedroom Short Term Rental unit within a four-unit multifamily structure. • Considerations: The applicant is requesting to operate a three-bedroom Short Term Rental in a residential dwelling unit located at 507 20th '/2 Street. This application was deferred at the June 20, 2023, and July 18, 2023, City Council hearings. A minimum of three parking spaces are required for this application. Two of the required spaces are provided on-site. While the applicant previously identified and submitted an agreement to lease an off-site space, that arrangement has since fallen through. As such, the applicant is working to secure a third parking space within a quarter of a mile of the property as required by the Zoning Ordinance. Since the Planning Commission hearing, staff has informed the applicant of the requirement that the third parking space be subject to review and approval by the Zoning Administrator and that it be available to the occupants of the STR at all times. The applicant will need to provide a zoning-compliant parking plan prior to obtaining their yearly STR permit or beginning operation. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached staff report. Staff has received 2 letters of opposition from adjacent property owners, both of whom also spoke at the Planning Commission hearing and expressed concerns related to the number of exiting Short Term Rentals in the area, limited parking, and enforcement. This item was deferred by City Council at their June 20, 2023, and July 18, 2023, hearings to allow the applicant time to further discuss the concerns with the neighbors. Since that time, the applicant has advised Staff that she has been in contact with the neighbors and addressed their concerns and opposition. Jamie George Page 2 of 5 • Recommendation: On May 10, 2023, the Planning Commission passed a motion to recommend approval of this item on the Regular Agenda, by a recorded vote of 8-0. 1. The following conditions shall only apply to the dwelling unit addressed as 507 20th 1/2 Street 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. A third parking space, at a location subject to approval by the Zoning Administrator, shall be available for use by the Short Term Rental occupants at all times. 6. 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. 7. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 8. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes and to be physically present at the Short Term Rental within one (1) hour. 9. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below. This information must be submitted to the Department of Planning and Jamie George Page 3 of 5 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. 10.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. 11.There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23- 71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 12.All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31- 28. 13.Accessory structures shall not be used or occupied as Short Term Rentals. 14.No signage shall be on-site, except that each Short Term Rental shall have one (1) four-square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 15.The Short Term Rental shall have no more than one (1) rental contract for every seven (7) consecutive days. 16.The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 17.There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 18.The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). Jamie George Page 4 of 5 19.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 effect at the time 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. 20.A structural safety inspection report shall be provided to the city every three (3) years indicating all exterior stairways, decks, porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect) and are safe for use. The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks, porches, and balconies must be posted on each level of these structures. • Attachments: Staff Report and Disclosure Statements Location Map STR Vicinity Map Minutes of Planning Commission Hearing Letters of Opposition (2) Jamie George Page 5 of 5 Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. r" -�, i Submitting Department/Agency: Planning Department City Manager: Applicant:Jamie George Agenda Item Planning Commission Public Hearing: May 10, 2023 City Council District 6,formerly Beach 13 (i(y nj Virginia Beach Request Conditional Use Permit (Short Term Rental) �y Staff Recommendation "� Approval lit - W�+�!► , 44 Staff Planner • W • Garek Hall Hannigan lillirriliii111111 L , ;, � ►' ''`yam• Location "�'"' 507 20TH 1/2 ST �- r •.: I- Ir•r.. "- per GPIN ; 24270709130002 �"?,,.w�' Site Size 3,900 square feet 4 �, 'i,411 '' at fa 1. 11 • tip\. 121"St Existing Land Use and Zoning District Attached single-family dwelling/OR Oceanfront Resort Surrounding Land Uses and Zoning Districts North 2isi sz ,. 20th%Street (alley) ', Single-family dwellings/OR Oceanfront Resort ' t r South .,. '�• - Py, 20th Street r I i -;0.,+a '' • '_ 4: r Single-family dwellings/OR Oceanfront Resort �. i v East 41 4 ,i Single-family dwellings/OR Oceanfront Resort West f Attached single-family dwelling/OR Oceanfront f At;_ . 7 Resort , 40....__ 2„,,/..-3, i a)vi ' i. A i 4 ♦ , a . Jamie George Agenda Item 13 Page 1 Background & Summary of Proposal Site Conditions and History • This 3,900 square-foot lot is zoned OR Oceanfront Resort. • According to City records,this three-bedroom home was constructed in 2017. • The property lies within the RPPP boundary,where parking during the evening and overnight hours is limited. Based on this, a condition is recommended that would prohibit the occupants of the STR from parking in the street during the restricted hours. • Staff inspected the site on April 12, 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 April 17,2023: CURRENTLY ADVERTISED LAST KNOWN RENTAL REGISTERED WITH THE COMMISSIONER OF THE REVENUE No N/A No Short Term Rentals in the Vicinity 11 �1 . ,t tr ,�Y ,-:.- ----.4`, % -*Ur": : NOtikill' Y■Y 1111�►n_ =-_��VI�: � - 1:; �._.. � - ,._�-"11111� t 0- - - - tail- •''" , ..11111--k 0* -,--:--- 10 -1-----4"r7\Ar:ii:4111415 ,,..* tialit I tu liV `v 11 10.•Ok �101114 .i � iYit _ lye i' Snort Term R entalsIII _—_ t ' : • — _ , --,-IA -r Jamie George Agenda Item 13 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 Section 2303 of the City Zoning Ordinance. Specific details pertaining to this application are listed below. • Number of bedrooms in the Short Term Rental: 3 • Maximum number of guests permitted on the property after 11:00 pm: 6 • Number of parking spaces required (1 space per bedroom required):3 • Number of off-street parking spaces provided: 2 spaces onsite, 1 space leased off-site _ Zoning History 111 # Request 1 CUP(Short Term Rental)Approved 10/20/2020 o. CUP(Short Term Rental)Approved 10/20/2020 __ 1:1117. 2 CUP(Short Term Rental)Approved 07/12/2022 " ' 3 ALT Approved 06/19/2018 \ w oR j 1 4 ALT Approved 05/14/2013 OR �, 5 SVR Approved 10/08/2013 ALT Approved 10/08/2013 6 ALT Approved 08/17/2021 7 NON Approved 04/27/1993 , 8 SVR Approved 09/06/2016 OR 9 ALT Approved 06/07/2016 10 ALT Approved 09/16/2014 Application Types CUP—Conditional Use Permit MDC—ModificationofConditions SIC—Street Closure SVR—Subdivision Variance REZ—Rezoning MDP—Modification of Proffers FVR—Floodplain Variance LUP—Land Use Plan CRZ—ConditionalRezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental Evaluation & Recommendation This Short Term Rental request is for an existing 3-bedroom attached single-family dwelling,which according to City records was constructed in 2017.This unit is under a Condominium Association which encompasses this dwelling, 507 20th 1/2 Street, and the attached unit, 507 20th Street. Both the owner of this unit and the owner of 507 20th Street have signed-off on this application request as representatives of the Condominium Association.The surrounding area is predominately single-family and low-rise multifamily which feature several other Short Term Rentals, in keeping with the typical uses of the Oceanfront Resort area west of Pacific Avenue. The subject dwelling unit has not yet been advertised nor utilized as a Short Term Rental,according to City records and Host Compliance. Str_eeLnpr_oper_ty located approximat Ct Ff h � a�pc cTvcacca app�o�ci��veelT� mlle5frem the SH�feEt 5it2�cvrrrrena Jamie George Agenda Item 13 Page 3 The minimum parking requirement for this application is three off-street parking spaces. Two spaces for this application are provided on-site, however,the third parking space will need to be off-site. The applicant is working to secure a third parking space within a quarter of a mile from the property per the Zoning Ordinance. The applicant will need to provide a zoning compliant parking plan prior to obtaining their yearly STR permit or beginning operation. • 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 507 20th 1/2 Street and the Short Term Rental use shall only occur in the principal structure.. 2. An annual (yearly)STR Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwelling for Short Term Rental purposes. 3. 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. A third (3rd) parking space,at a location subject to approval by the Zoning Administrator,shall be available for use by the Short Term Rental occupants at all times. 6. For properties located within the boundaries of the Residential Parking Permit Program (RPPP),while the Short Term Rental use is active, parking passes issued for the subject dwelling unit(s)through the RPPP shall be limited to two (2) resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 7. This Conditional Use Permit shall expire five (5)years from the date of approval.The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however,the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints,violations of its conditions or violations of any building, housing, zoning,fire or other similar codes. 8. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2))on the property where the Short Term Rental is located.This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 9. The owner or operator must provide the name and telephone number of a responsible person,who may be the owner, operator or an agent of the owner..or operator,who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes and to be physically present at the Short Term Rental within one (1) hour. 10. If,or when,the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a'through 'c' below.This information must be submitted to the Planning Department for review and approval.This shall be done within six(6)months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b) Copies of the Commissioner of Revenue's Office receipt of registration;and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. Jamie George Agenda Item 13 Page 4 11. To the extent permitted by state law,each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 12. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26,31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 13. All refuse shall be placed in automated refuse receptacles,where provided, and comply with the requirements of City Code sections 31-26,31-27 and 31-28. 14. Accessory structures shall not be used or occupied as Short Term Rentals. 15. No signage shall be on-site, except that each short term rental shall have one (1)four-square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator,that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 16. The Short Term Rental shall have no more than one (1) rental contract for every seven(7)consecutive days. 17. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 18. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 19. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers")shall be two (2) individuals per bedroom,which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 20. The property owner, or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property annually.Such inspection shall include: 1)At least one fire extinguisher has been installed inside the unit (in the kitchen) and in plain sight 2)Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in effect at the of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, and 3)All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. Properties managed by Short Term Rental Companies certified by the Department of Planning shall only be required to be inspected every three years.The inspection for compliance with the requirements above shall be performed by the short term rental management'company and be documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. Properties may be inspected annually for compliance,with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors.The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. 21. A structural safety inspection report shall be provided to the city every three(3)years indicating all exterior stairways,decks, porches,and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect) and are safe for use.The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways,decks, porches, and balconies must be posted on each level of these structures. Jamie George Agenda Item 13 Page 5 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 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 State Code,this item was advertised in the Virginian-Pilot on Tuesdays,August 1, 2023, and August 8, 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 July 31, 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 August 11, 2023. Jamie George Agenda Item 13 Page 6 Site Layout & Parking Plan — Revised July 6, 2023 Applicant is working to secure a third off-site space . parking p -- - ,‘Le______!m Y--7V Y X n— --X�, r y.. .—X.ramosalmseXm., I x x � s o O V7 PO :i- S 507 20th 1/2 Street ` — X -- T= ♦ ♦ ♦♦♦♦♦ 'Z' ♦ N ' 507 Space 507 Sp. . - a ~ o 505 20th '/s Street 505 Spac:; 505 Space I I OMIIIIIII ♦♦♦♦♦1‘404441410116 I♦I♦I,I♦I ✓♦IIIIIIII if = cox— -- --=— , -' < --x�7 -—,=(-.).� ,; r "r °u, S 1 J"51 555 F 1317 I r i _ �f Jamie George Agenda Item 13 Page 7 Site Photo .---- - - ,.. ' P A . . ...,, ,.. 0 ,. .. .....„ .. . ......: • ., I I,...,f, I I gt.. . i 1,11...:-.0* . - • - -.,, U Ide)1"•• '• ''' ',4, ,., .s , /./ I_ ..NY P - •-l•1 :. ' . ,,..,• - -•' • .•. -..., ..,.,, - 40.- PP• - ,_. I 1 ii Ili! ... .• ••„.... • !III lilt . r•' , .0.-.. . .. . ".. , ..1.... „. ,—.1 11.:1:11i:9:1 •1 :i',1 1:t I NW ! , ilo I : _ ,,.. •0 .... I . an • ' s'.4 c: .... 'N'.... ,.. . MUM....NICIIN Nur wig ..,s, • \..."\,.. Jamie George Agenda Item 13 Page 8 Disclosure Statement DowSign I n,,enpe II) Ii1 i4A7hh 977c.4l-B1 9'7ft n44snrws,^7nf Disclosure Statemen Ni13 t Planning&Cammunit. Development :ate' 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 of 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 Lamle George Does the applicant have a representative? II Yes 0 No • If yes,list the name of the representative Nu f,4 P.i 1.. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? LI Yes ) No • If yes,list the names o'al officers,directors,members,❑uste.,.., i.tc below. (Attach a list if necessary) • If yes,list the businesses that have a parent•subsidlaryt or affiiatec business entity'relationship with the applicant (Attach a list if necessary) '"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than S0 percent of the voting power of another corporation' See State and Local Government Conflict of Interests Act.VA.Code§2.2-3101. '"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. ractors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entitles share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and local Government Conflict of Interests Act,Va, Code§2.2-3101. Revised11.09.2020 11Page Jamie George Agenda Item 13 Page 9 Disclosure Statement Frrelnce II)n184n1 HA-P779-0F9 I-El.9 F.4-0 m9:;f17t! Disclosure Statement cry d typ,.f.•�A Planning&Community Development Known Interest by Public Official or Employee Does ar official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contrrgent or the subject public action?0 Yes IX-i No • tf yes,what is the name of the official or employee and what is the nature of the interest 7 Applicant Services Disclosure 1. Dues'_he a u J IL ar L hdve any existing financing(mortgage,deeds of trust,cross-collateraliiation,etc)or are they considering any financing•r.connection with the subject of the application or any business operating o•:o he operated on the property? ®Yes ❑No • tf yes,identify the financial institutions providing the service. aennyMac Financial Services(mortgage holder) 2. Does the apontart have a real estate broker/agent/reactor for current and antiripated f rture sales of the subject property? ❑Yes ®No • tt yes,identity the company and individual providing the service. 3. Does the applicant have seMces for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to he operated on the property?❑Yes al No • If yes,identify the firm and individual providing the service. 4. Does the applicart 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 ind;vidual providing the service. S. 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. Revised II 09.7020 7 I V , Jamie George Agenda Item 13 Page 10 Disclosure Statement DJwSgn Envz:loty ID.6184A2BA-07tME81-t I7b-Iis4f,LX1aCC766 Disclosure Statement a'A 4 a'tatris&Nth - Nanning&Cotnniunity Devdopment 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?0 Yes ®No • If yes,identify the company and individual providing the service. 7 Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?❑Yes ®No • If yes,identify the f'rm and ircividual providing the service 8. Is the applicant receiving legal services in correction with the.subject of the application or any business oaerating nr to be operated on the property?❑Yes ®No • If yes,identify the firm and individual providing Inc sent Ce Applicant Signature I certify that all o`the information contained in this Disclosure Statement form is compete,true,and accurate. I unders:ard r na7, upon receipt of nolificatior that the application has been scheduled for public heanng,I am responsible for updating the information provided herein two weeks prior to the meet ng of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee In connection with this application. LT: Jr;ature Print Name and Title •. lek IL301 Z3 Date is the applicant also the owner of the subject property? ®Yes 0 No • I'yes,you do rot need to fill out the owner discJosu'e 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 p PPG thastes as of tare 07/28/2023 sI& ti re ,Print Name dr re Pamela Witham i / { Jamie George Agenda Item 13 Page 11 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the 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. Jamie George Agenda Item 13 Page 12 STR VICINITY MAP JAMIE GEORGE Iiii s ,.,--„,-----11" 'i, - ,., -.. il .. it. .._.. l�- ViO' 1...1--L '., • Ilk% k_fal,,A. ,) 44 ' WI_ __,,---:____-- . 4 • ), ‘ 1: __ 1,:. -- iiiitrikli;\ilk lti 'I' _ ., ,,,,,,. it ',,_ „, Y _01111. -. _-IL.--0 - ii . _�y I t { _____, _____;___1 1.0111 •.I ' 1,11U ._. - -4 wok •-----7---1:-.----..4,. sikfoli . 1, --- • __--- . , , ..„.vwsr-0 ,.._ _____ -i___:- .,,---- , ,.. ______,..ii, , ._:• • , *a.allt I 1 iJ; --31_ - .-—TOOL, .,_ ,a' - ..4_..--/igaror. --,..i __.---: tit 11111011 io 4 rti tit,0"- kY' )1':Ill - {; ,, itii:0):: 011_______=_-,..---- i",-. rc-7, ettiaii � },,..ram � 1:6,7,, - _ _ ,.2\ i‘l IL '. r • ��5 % r. , i'rt'�It ii 7 -ter y •5 ow Short Term Rentals — r'I,~ ,I _ __ ' D'i) 1111L ''ec71-iik".•-• •.3. } I.::Cl. CUP St3tIi _ - '1 - ' ' VIII — + r. 6;:‘ _ I a tlH �~ram v,r*� � ��1 �'i' 1 _` Virginia Beach Planning Commission May 10, 2023, Public Meeting Agenda Item # 13 Jamie George (Applicant& Property Owner) Conditional Use Permit (Short Term Rental) RECOMMENDED FOR APPROVAL Ms. Alcaraz: All right. Thank you. Next and I guess last item. Madam Clerk: Agenda item number 13, Jamie George is an application for a conditional use permit, a short term rental at 507 20th and 1/2 Street in Council district six. Mr. Alcaraz: State your name please. Ms. George: Jamie George. Mr. Alcaraz: And state your application. Ms. George: Excuse me. Mr. Alcaraz: You can go ahead and state your application or any information you need us to know. Ms. George: Oh yeah. I mean, so I'm just sort of in the same boat as Nick, as he said. We live right next door to each other. So I'm the property at 507 and I do, I mean, I completely understand the resident's concern, you know, we live there and deal with the same traffic and all the same things. But I mean, I just wanna reassure them that, I mean, we're doing this, as he said to sort of transition out of this area to raise our children in more of like a neighborhood with a larger yard, but possibly with the hopes of returning to these homes. So, I mean, I think that's why we invested in Nicole and Sojourn to manage these properties for us because, you know, we don't want to burn bridges and we want them to be managed and run efficiently just for, you know, the extent of our property and possibly going back. Mr. Alcaraz: So do you live there now? Ms. George: I do. Mr. Alcaraz: So do you know the people that came forward and had concerns? Ms. George: I mean, I recognized them sort of just from the street, but don't know them personally. No. Mr. Alcaraz: All right. I just knew if you, okay. Ms. George: Yes. Mr. Alcaraz: Any questions for her? None. Yes. Ms. Byler: I was impressed that Mr. Luliano your next door neighbor offered his cell number to the neighbors and said that he would personally stand behind all of the residents and I wondered if you shared his feeling. Ms. George: Of course, 1000%. I mean, as I said, there may be a time when in years to come once my daughter is older, that I'd like to return to this property. I mean, I love the neighborhood. I love the house so I mean, I want to be thereto be neighborly and make things as easy for everyone that lives there permanently. Ms. Byler: Okay. Thank you. Ms. George: I definitely would share that. Mr. Alcaraz: All right. Thank you. All right. Next speaker. Madam Clerk: We have the same speaker Sandy Dietrich,followed by Sarah Welch if they have any more comments, I suppose. Mr. Alcaraz: Would you like to come forward and is there anything that you wanna bring up that you might wanna say? No. You're more than welcome, miss your chance. Ms. Dietrich: I love this for a minute. Mr. Alcaraz: I know. Ms. Dietrich: Sorry. Mr. Alcaraz: We're sorry too. Ms. Dietrich: I appreciate the comments of providing phone numbers and contact information. I'll say that the other owners have said they would do that and one has done that, so I just wanna make sure that this commission knows that a lot of times, the owners will say they'll do that and then they don't. So I just wanna make sure that people understood that. Mr. Alcaraz: Sure. I think staff took that down and I'm sure they'll take the address on the one that was done being done illegally. Ms. Dietrich: And the only other comment I wanna make on the one that's not, that's being done illegally is I'm in constant contact with Ms. Channing Tatum or Channing Tuttle and she gets probably photographs from me at least on a weekly basis of the renters in the house illegally. Mr. Alcaraz: Are you getting a response? Ms. Dietrich: Well, I continuously hear that and I believe it's the truth. I'm not denigrating by any means, but they say it takes a lot to build a case to remove someone from doing something illegally and if it's that hard to build a case from someone who's doing it illegally, I can't imagine what it would be like to try to revoke one and when I contacted about what the process was for revocation, no one could explain that process to me because they've never done it, so just wanted to share that. Mr. Alcaraz: Thank you. Ms. Dietrich: Thank you. Mr. Alcaraz: Okay. Would you like to come forward and say anything, or are you okay? Okay. All right. So we're closed, guys open for discussion or I'll entertain a motion. Anybody? Ms. Cuellar: I'm gonna hope that with the management of these two rentals that this would be a best practice in moving forward in the short term rental area. So I'm gonna support the application. Mr. Alcaraz: All right. We got a motion from Ms. Cuellar? Do I have a second? Mr. Horsley: Second. Mr. Alcaraz: Second by Mr. Horsley. Madam Clerk: The vote is open. By a vote of eight to zero, this item has been recommended for approval. 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 following conditions shall only apply to the dwelling unit addressed as 507 20th '/2 Street and the Short Term Rental use shall only occur in the principal structure. 2. An annual (yearly) STR Zoning Permit must be obtained from the Department of Planning and Community Development(Zoning Administration) before using the , dwelling for Short Term Rental purposes. 3. 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. A third (3rd) parking space, at a location subject to approval by the Zoning Administrator, shall be available for use by the Short Term Rental occupants at all times. 6. For properties located within the boundaries of the Residential Parking Permit Program (RPPP),while the Short Term Rental use is active, parking passes issued for the subject dwelling unit(s) through the RPPP shall be limited to two (2) resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 7. This Conditional Use Permit shall expire five (5)years from the date of approval.The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 8. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4- 1. 9. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes and to be physical present at the Short Term Rental within one (1) hour. 10. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through `c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 11. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 12. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 13. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 14. Accessory structures shall not be used or occupied as Short Term Rentals. 15. No signage shall be on-site, except that each short term rental shall have one (1) four-square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 16. The Short Term Rental shall have no more than one (1) rental contract for every seven (7) consecutive days. 17. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 18. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 19. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 20. The property owner, or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Such inspection shall include: 1) At least one fire extinguisher has been installed inside the unit(in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in affect at the of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, and 3) All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. Properties managed by Short Term Rental Companies certified by the Department of Planning shall only be required to be inspected every three years. The inspection for compliance with the requirements above shall be performed by the short term rental management company and be documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors. The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. 21. A structural safety inspection report shall be provided to the city every three (3) years indicating all exterior stairways, decks, porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect) and are safe for use. The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks, porches, and balconies must be posted on each level of these structures. From: Sandy Deiderich To: Planning Administration Subject: OPPOSITION for Conditional Use Permit Requests for 505 and 507 20 1/2 Street and 505 and 507 20th Street- May 10,2023 Date: Thursday,May 4,2023 6:22:41 PM Attachments: jmaae,onq jrnaae.onq {. CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. Attention Planning Administration: We are in our opposition to the request for Conditional Use Permits for a four-unit building located at 505 and 507 20th 1/2 Street, and 505 and 507 20th Street. We reside at 518 20th 1/2 Street, and these Conditional Use Permits directly negatively impact our neighborhood and streets. This housing structure encompasses two streets with very limited parking. The duplex for 505 and 507 20th Street offers no driveways for parking, only street parking which is inadequate (reference photo 1). The duplex at 505 and 507 20th 1/2 Street has very tight parking spaces, assuming this provides enough parking for guests for those two duplexes (reference photo 2). However 20th 1/2 Street is an alley which has limited passage for cars and absolutely no street parking. Should Conditional Use Permits be granted to these four units and they fill to capacity, there is limited outdoor space for guests to congregate because the units are attached and there are only small front spaces; certainly not enough to accommodate large groups of guests. Our frustration is that no one specifically takes responsibility for oversight of Short Term Rentals; it's more of a kick-the-can down the road issue. The Police hands are tied, and the City's Planning Commission is having issues defining the rules and regulations; and does not enforce them. After attending the Beach Resort Civic Association meeting on Monday, April 24th, it was very illuminating regarding Short Term Rentals; both from a Sergeant of the 2nd Precinct and the Planning Commission. The Sergeant explained when there are issues with large gatherings and parties that exceed the number of permitted house guests; there is no recourse from the Police unless a crime is committed. It was also confirmed that the Zoning and Planning Commission have not revoked a single Conditional Use Permit for an owner. This means that as homeowners in our neighborhoods we have no recourse against owners of STRs. The signage for STRs has a number that goes to a voicemail. So if there are issues with a large party or noise, there is no way to have the issue addressed with an owner. Another valid concern, is the owner at 526 20th 1/2 Street, continues to operate an illegitimate short term rental. This house has never been provided with a Conditional Use Permit, and yet the owner continues to ignore the City's rules and regulations and operates however he chooses. Again, there are no consequences for violating the rules and regulations. In the past, we have experienced numerous incidents with Short Term Rentals. A particular incident was a grill fire on a porch that my husband extinguished because the guests were not supervising. Another incident involved an out of control party with 100 people that ended with 10 police cars and no arrests. Additionally, the owner of the STR house located at 518 21st Street, whom we share green space with, lives in Texas. Again, there is no oversight as to how to address issues when they arise. As homeowners residing in this neighborhood, we are discouraged and disappointed that we have no voice or recourse regarding Short Term Rentals. Short Term Rentals alleviates neighborhoods; they just become rental properties. As permanent residents, our desire is to have our neighborhoods remain neighborhoods, not just tourist destinations. We respectfully request that you consider a recommendation that the Planning Commission place a density cap for each block to restrict the number of Short Term Rentals. Thank you for your consideration in not granting Conditional Use Permits for these four housing units. Respectfully, Howard and Sandra Deiderich 518 20th '/ Street, VB 571-319-1135 sdeiderich@gmail.com Photo 1 505 and 507 20th Street(No Driveways) S,», i°rc • -4.1‘.V.6.,` I 1.111„. - . JY • t(iii( • • } Photo 2 - 505 and 507 20th 1/2 Street � / f y • ....._ it4t;s'.... El ., = 1 a �k b f S May 2, 2023 To: City of Virginia Beach Planning Commission My name is Sarah Welch and I reside at 522 20 1/2 Street down the street from the four (4) proposed short-term rentals at 505 and 507 20 and 20 1/2 Streets. I stand in opposition of these proposed Short Term Rental (STR) conditional use permit (CUP) requests. My rationale for this opposition is our street is already active with several homes that are either active as legal permitted (518 21 St St. & 525 20th St.) or unpermitted (524 20 1/2 St.) short-term rentals_ . There are 35 houses between Mediterranean and Baltic on north side of 20th, 20 1/2, south side of 21St streets. With the current number of STRs, we have had situations of loud tenants, parking issues, and the lawns unkept. (I have in the past submitted photos of parking and lawn issues.) We also had one at 516 20 1/2 street where the owners tried short-term renting (for a very short duration), they personally pulled it, and sold the condo because they had issues with renters where the police were called in to manage the situation. Regularly, especially through the 100 days of summer, there are parking issues on move in and move out days. I believe based on the code of 1 parking space per bedroom there is not ample parking. In this situation of 4 addresses, it may cause even greater parking issues on move in and move out days. I personally experienced a situation where had a renter came to my home and ask if they could pay me to park in my driveway. Renters routinely park in the driveway that belongs to the,houses in our condo community on 21 st street and the owner have had to approach the STR occupants to move their cars so they can go about their business. I moved to Virginia Beach and into my home in May 2019. I purposefully bought this house in this neighborhood as it was in a single-family home area with homeowners in most of the houses. I did not buy in other locations in Virginia Beach due to the high concentration of investor real estate properties. As a homeowner, on this small street (basically an alley way) I am concerned with the potential for too many investor properties in a half block situation. I am also concerned about the potential of property value degradation, home upkeep, and safety within our neighborhood with too many homes as investor real estate properties. I am requesting that you consider not allowing this new set of 4 addresses to become short-term rentals. If we must continue to have investor real estate in the Ocean Resort district, I am requesting that this council consider a density cap to ensure that no one neighborhood turns into an area where the propensity of homes is investor-owned and short-term rentals. I believe that no more than 5-10% of the homes in each location should be investor and short term rental. I respectfully request you take my feedback into consideration as you make your upcoming decisions. Thank you in advance for your time. 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APPOINTMENTS ACTIVE TRANSPORTATION ADVISORY COMMITTEE AGRICULTURE ADVISORY COMMISSION BAYFRONT ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION BOARD OF BUILDING CODE APPEALS CHESAPEAKE BAY ALCOHOL SAFETY ACTION PROGRAM CLEAN COMMUNITY COMMISSION COLLECTIVE BARGAINING TASK FORCE COMMUNITY SERVICES BOARD DEVELOPMENT AUTHORITY HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMISSION HOUSING ADVISORY BOARD HUMAN RIGHTS COMMISSION INDEPENDENT CITIZEN REVIEW BOARD MINORITY BUSINESS COUNCIL OCEANA LAND USE CONFORMITY COMMITTEE OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PLANNING COMMISSION PROCESS IMPROVEMENT STEERING COMMITTEE PUBLIC LIBRARY BOARD URBAN AGRICULTURE ADVISORY COMMITTEE VIRGINIA BEACH CANNABIS ADVISORY TASK FORCE VIRGINIA BEACH COMMUNITY DEVELOPMENT CORP. VIRGINIA BEACH VA250 COMMITTEE WETLANDS BOARD M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT *********************************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ************************* The Agenda(including all backup documents) is available at https://www.vbgov.com/government/departments/city-clerk/city-council under the eDocs Document Archive. If you would like to receive by email a list of the agenda items for each Council meeting, please submit your request to TChelius@vbgov.com or call 385-4303. Citizens who wish to speak can sign up either in-person or virtually via WebEx. Anyone wishing to participate virtually,must follow the two-step process provided below: 1. Register for the WebEx at: https://vbgovwebex.com/webhink/register/reb906d9ad4a75bc2866a56652eecfd71 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on August 15, 2023. CITY OF VIRGINIA BEACH R SUMMARY OF COUNCIL ACTIONS 0 S B S E - S DATE:08/08/2023 PAGE: 1 R H H C L HOR A H T W W U EL EMRU A I O CDNCMMOL Y L O CYL 0 I OUML S T AGENDA HE EMCN S A O O E ITEM# SUBJECT MOTION VOTE I R YBK D ENRNN I. CITY COUNCIL'S BRIEFINGS A. HOUSING AFFORDABILITY STUDY Mel Jones, Associate UPDATE Director-Virginia Center for Housing Research at Virginia Tech B. PARKS AND RECREATION BOND Michael Kirschman, REFERENDUM Director—Parks and (Requested by Council Members Rouse, Recreation Taylor,and Wooten) II. CITY MANAGER'S BRIEFINGS A. PROJECT BEACH UPDATE Charles Rigney,Interim Director—Economic Development B. PROJECT AUTUMN UPDATE Nancy Heiman,Director —Convention and Visitors Bureau C. PENDING PLANNING ITEMS Kaitlen Alcock,Planning Administrator III-VI CERTIFICATION OF CLOSED SESSION CERTIFIED 11-0 Y Y Y Y Y Y Y Y Y Y Y A-F G. MINUTES 10-0 Y Y Y Y Y Y Y Y Y AY B INFORMAL AND FORMAL SESSIONS APPROVED S JULY 11,2023 T A N E D INFORMAL AND FORMAL SESSIONS APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y JULY 18,2023 MAYOR'S PRESENTATIONS 1. HOUSE RESOLUTION NO.307 Commending the City of Virginia Beach—60th Anniversary Delegate Kelly Convirs-Fowler and Delegate Anne Ferrell Tata 2. ZERO WASTE AWARENESS WEEK Members of the Clean Community Commission H. PUBLIC HEARINGS 1. Ordinance to ADOPT the 2023 Redistricting 17 SPEAKERS Plan and AUTHORIZE Implementation of a Ten Single-Member System of Local Elections 2. Appropriation of $22.5-MILLION in Public 1 SPEAKER Facility Revenue Bonds to Finance Public Infrastructure Improvements re Dam Neck Road -London Bridge Connector Improvements CITY OF VIRGINIA BEACH R SUMMARY OF COUNCIL ACTIONS 0 S B S E - S DATE:08/08/2023 PAGE: 2 R H H C L HOR A H T W W U EL EMRU A I O CDNCMMOL Y L O CYL 0 I OUML S T AGENDA HE EMCN S A O O E ITEM# SUBJECT MOTION VOTE I R YBK DENR N N J.1. Ordinance to AUTHORIZE temporary ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y encroachments into a 10' City Maintenance CONSENT Easement and a 100'City Drainage Easement at 920 Sandoval Drive re maintain a wood fence, concrete driveway,frame shed,concrete pad, pool area,wood dock,and covered fireplace area District 5 J.2. Ordinance to APPROPRIATE$1.2-MILLION ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y of Fund Balance from the General Fund to CONSENT Capital Project#100175,"Fire Apparatus IV"re place equipment orders J.3. Ordinance to APPROPRIATE$1,164,299 from DEFERRED TO 11-0 Y Y Y Y Y Y Y Y Y Y Y the Tourism Investment Program (TIP) Fund SEPTEMBER 5,2023, Balance to the FY 2023-24 Convention and BY CONSENT Visitors Bureau Operating Budget re conditional payment to ESM VBSC,LLC J.4. Resolution to DESIGNATE Corporation Lane ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y as"Zim Avenue" CONSENT J.5. Ordinance to DONATE 210 crime scene ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y cameras to the Serendipity Wildlife Foundation, CONSENT a California non-profit organization J.6. Ordinance to DONATE four(4)alternate light ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y sources to the Hampton Police Department and CONSENT Franklin County Sheriff's Office J.7. Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y $506,748 from the Virginia Department of CONSENT Behavioral Health and Development Services (DBHDS)to the FY 2023-24 Human Services re the Permanent Supportive Housing Program J.8. Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y $500,000 from the Federal Emergency CONSENT Management Agency(FEMA)to the FY 2023- 24 Fire Department Operating Budget re reimbursement of costs for the deployment of the Virginia Task Force 2 Urban Search and Rescue Team J.9. Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y $254,870 from the Virginia Department of Fire CONSENT Programs to the FY 2023-24 Fire Department Operating Budget re support the purchase of personal protective apparel, equipment, training,fire education outreach,and repair work to the City's live fire training building J.10 Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y $59,000 Grant Funds from the Virginia CONSENT Department of Emergency Management to the FY 2023-24 Fire Department Operating Budget re purchase rescue equipment, personal protective equipment, and to assist with funding a regional training exercise CITY OF VIRGINIA BEACH R SUMMARY OF COUNCIL ACTIONS 0 S B S E - S DATE:08/08/2023 PAGE: 3 R H H C L HOR A H T W W U EL EMRU A I O CDNCMMOL Y L 0 CYL 0 I OUML S T AGENDA HE EMCN S A O O E , ITEM# SUBJECT MOTION VOTE I R YBK DENRNN J.11 Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY 11-0 ( Y Y Y Y Y Y Y Y Y Y Y $36,307.61 of Grant Funds to FY 2023-24 Fire CONSENT Department Operating Budget and AUTHORIZE $1,815.39 from the General Fund contribution to the FY 2023-24 Fire Department Operating Budget re to purchase 200 smoke alarms designed specifically to assist deaf and hard of hearing residents J.12 Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y $33,933 from the Virginia Beach Library CONSENT Foundation to the FY 2023-24 Public Library Operating Budget re purchase a self-service laptop dispenser for the Meyera E. Oberndorf Central Library J.13 Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y $19,523 from the Virginia Department Historic CONSENT Resources to the FY2023-24 of the Department of Planning and Community Development Operating Budget re research and other activities related to historic places and AUTHORIZE an equal amount for required Grant Match K. APPOINTMENTS RESCHEDULED BYCO N S EN S US ACTIVE TRANSPORTATION ADVISORY COMMITTEE AGRICULTURE ADVISORY COMMISSION BAYFRONT ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION BOARD OF BUILDING CODE APPEALS CHESAPEAKE BAY ALCOHOL SAFETY ACTION PROGRAM CLEAN COMMUNITY COMMISSION COLLECTIVE BARGAINING TASK FORCE COMMUNITY SERVICE BOARD DEVELOPMENT AUTHORITY HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMISSION HOUSING ADVISORY BOARD HUMAN RIGHTS COMMISSION INDEPENDENT CITIZEN REVIEW BOARD OCEANA LAND USE CONFORMITY COMMITTEE OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PLANNING COMMISSION PROCESS IMPROVEMENT STEERING COMMITTEE PUBLIC LIBRARY BOARD URBAN AGRICULTURE ADVISORY COMMITTEE VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION VIRGINIA BEACH VA250 COMMITTEE WETLANDS BOARD 00Hwz Do CD Do D x O ri! OvoDo . C4 W .-, 4 xwZaw � ❑ > wx G41wo4 H O a: z a w O n o w v Cij C7 U 44 U H U U A Z C7 � A W � W Z a N O ecp pa A h7 o ri, 3 W CD ¢ Ww