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HomeMy WebLinkAbout6-4-2024 FORMAL SESSION AGENDA CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR ROBERT M. "BOBBY"DYER,At Large G�N�B VICE MAYOR ROSEMARY WILSON-District 5 MICHAEL F.BERLUCCHI-District 3 0 BARBARA M.HENLEY-District 1 DAVIDHUTCHESON-District I V Lr ROBERT W. "WORTH"REMICK-District 6 DR.AMELIA N.ROSS-HAMMOND-District 4 e JENNIFER ROUSE-District 10 •., � oYs 04 JOASHUAF. ':IOASH"SCHULMAN-District 9 CHRIS TAYLOR-District 8 SABRINA D. WOOTEN-District 7 CITY HALL BUILDING 1 CITY COUNCIL APPOINTEES 2401 COURTHOUSE DRIVE CITY MANAGER-PA TRICK A.DUHANEY VIRGINIA BEACH, VIRGINIA 23456 C17YATTORNEY-MARK D.STILES CITY COUNCIL AGENDA PHONE.(757)385-4303 CITY ASSESSOR-SUE CUNNINGHAM FAX(757)385-5669 CITYAVDITOR-LYNDONS.RF.MIAS June 4, 2024 EMAIL:CITYCOUNCIL@VBGOV.COM CITY CLERK-AMANDA BARNES MAYOR ROBERT M. "BOBBY" DYER PRESIDING I. CITY COUNCIL'S BRIEFING - Conference Room- 3:00 PM A. VIRGINIA AQUARIUM UPDATE Rick Biddle, Founder—Relevant Strategies & Solutions, LLC II. CITY MANAGER'S BRIEFING A. HURRICANE SEASON UPDATE & PREPAREDNESS INITIATIVES 3:30 PM David Topczynski, Director—Emergency Management III. CITY COUNCIL LIAISON REPORTS 4:00 PM IV. CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS 4:15 PM V. CITY COUNCIL AGENDA REVIEW 4:30 PNI VI. INFORMAL SESSION - Conference Room- 4:45 PM A. CALL TO ORDER B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VII. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer B. INVOCATION C. MOMENT OF SILENCE D. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA E. ROLL CALL OF CITY COUNCIL F. CERTIFICATION OF CLOSED SESSION G. MINUTES 1. INFORMAL AND FORMAL SESSIONS May 21, 2024 H. MAYOR'S PRESENTATIONS 1. RESOLUTION IN RECOGNITION Captain Harry McBrien 2. PROCLAMATION—VBPD FIRST AFRICAN AMERICAN FEMALE SERGEANT Sergeant Tricia J. Shelton 3. PROCLAMATION—48 b ANNIVERSARY OF CHAPTER CHARTER Dr. Tanja Arrington Mayfield 4. PROCLAMATION—LGBTQ Pride Month I. PUBLIC HEARINGS 1. ACQUISITION, BY AGREEMENT OR CONDEMNATION 17'h Street Improvements Phase 1 Pacific Avenue to Cypress Avenue Project, CIP 100001 2. LEASE OF CITY PROPERTY- OLD COAST GUARD STATION 20 Street and Atlantic Avenue J. FORMAL SESSION AGENDA 1. CONSENT AGENDA K. ORDINANCES/RESOLUTIONS 1. Ordinance to AUTHORIZE acquisition of property in fee simple for the Parliament Drive Sidewalk Improvements Phase II Project, CIP 100301 and the acquisition of temporary and permanent easements, either by agreement or condemnation re community improvement, and pedestrian and bicycle enhancements 2. Ordinance to AUTHORIZE the City Manager to EXECUTE a Lease for City-owned property for up to four(4)years at Virginia Beach Farmers Market, Building 1, Space 9 re Andrew Skipper d/b/a Skipper Farms 3. Ordinance to AUTHORIZE the City Manager to EXECUTE a Lease for City-owned property for up to four(4)years at Virginia Beach Farmers Market, Building 3, Space 13 re S&H Produce, Inc. 4. Ordinance to AUTHORIZE the donation of all remaining"No Cursing" signs to the Virginia Beach Police Foundation(Requested by Mayor Dyer and Vice Mayor Wilson) 5. Resolution to DIRECT the City Manager to undertake a Request for Proposals process re procure a study providing a Strengths,Weaknesses, Opportunities, and Threats (SWOT) Analysis focusing on the pros and cons of collective bargaining(Requested by Mayor Dyer) 6. Resolution to AMEND the Transition Area/Interfacility Traffic Area Citizens' Advisory Committee membership(Requested by Council Members Henley, Remick, Rouse, and Schulman) 7. Resolution to DIRECT the City Manager to identify sources of funding re expansion of the Parks After Dark Program to serve the Level Green Neighborhood(Requested by Council Members Hutcheson, Remick, Rouse, and Wooten) 8. Ordinance to AUTHORIZE temporary encroachments into two City-owned drainage and canal easements re maintain an existing concrete driveway and to construct and maintain a vinyl bulkhead with returns,and to remove and replace an existing wood dock at 1816 Duke of York Quay DISTRICT 8 9. Ordinance to ACCEPT and APPROPRIATE $297,282 from the Fund Balance of the Sheriff's Office Special Revenue Fund and to TRANSFER up to $380,000 in vacancy savings within the General Fund to the FY2023-24 Sheriff's Office Operating Budget re increased food and medical costs 10. Ordinance to ACCEPT and APPROPRIATE $111,250 from the Virginia Department of Behavioral Health and Development Services via the Regional Fiscal Agent, Wester Tidewater Community Services Board to the FY2023-24 Human Services Operating Budget re Regional Mobile Crisis Response Programs 11. Ordinance to APPROPRIATE $184,654 from the Fund Balance of the Commonwealth Attorney's Forfeited Assets Special Revenue to the FY2023-24 Commonwealth Attorney's Operating Budget re execution of a records digitization contract L. PLANNING 1. MILITARY AVIATION MUSEUM/VIRGINIA BEACH AIRPORT,LLC for a Modification of Conditions to a Conditional Use Permit re expand operating hours and add more defining criteria for special events at 1341 Princess Anne Road DISTRICT 2 RECOMMENDATION: APPROVAL 2. CITY OF VIRGINIA BEACH/MICHELS FAMILY,LLC for a Modification of Conditions (Amend Deed of Conditions&Restrictions)re operation of the Office of Voter Registrar and Central Absentee Precinct at 500 Studio Drive& 599 Studio Drive, Suites 2A &2B DISTRICT 3 RECOMMENDATION: APPROVAL 3. MILESTONE MANOR,LLC/CALVARY ASSEMBLY OF GOD for a Conditional Use Permit re day-care center in religious use at 4925 Providence Road DISTRICT 1 RECOMMENDATION: APPROVAL 4. MICHELE CLELAND for a Conditional Use Permit re wildlife rehabilitation center at 2285 London Bridge Road DISTRICT 5 RECOMMENDATION: APPROVAL 5. SAMANTHA CARROW for a Conditional Use Permit re short-term rental at 905 Pacific Avenue, Unit C DISTRICT 5 RECOMMENDATION: APPROVAL 6. SUSANNE M. COLLIGON for a Conditional Use Permit re short-term rental at 304 28`'' Street, Unit 208 DISTRICT 6 RECOMMENDATION: APPROVAL 7. Ordinance to AMEND Section 103 of the City Zoning Ordinance(CZO)re granting of modifications by the Zoning Administrator 8. Ordinance to AMEND Section 1906 of the City Zoning Ordinance(CZO)re the composition of the Old Beach Design Review Committee M. APPOINTMENTS 90-DAY FESTIVAL TASK FORCE ACTIVE TRANSPORTATION ADVISORY COMMITTEE ADVERTISING ADVISORY COMMITTEE ARTS AND HUMANITIES COMMISSION BAYFRONT ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION CLEAN COMMUNITY COMMISSION EASTERN VIRGINIA REGIONAL INDUSTRIAL FACILITY AUTHORITY GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMITTEE HUMAN RIGHTS COMMISSION OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PERSONNEL BOARD PROCESS IMPROVEMENT STEERING COMMITTEE PUBLIC LIBRARY BOARD RESORT ADVISORY COMMISSION SOCIAL SERVICES ADVISORY BOARD TRANSITION AREA/ITA ADVISORY COMMITTEE VB VA250 COMMITTEE N. UNFINISHED BUSINESS O. NEW BUSINESS P. ADJOURNMENT OPEN DIALOGUE Non-Agenda Items Each Speaker will be allowed 3 minutes ################################## If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ######################### The Agenda(including all backup documents) is available at https://clerk.virginiabeach. og v/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 TCheliusna,vb og v.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://vbQov.webex.com/weblink/resister/rcf7fb896692d38abl 51 a339d70dc858e 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on June 4, 2024. I. CITY COUNCIL'S BRIEFING - Conference Room- 3:00 PM A. VIRGINIA AQUARIUM UPDATE Rick Biddle, Founder—Relevant Strategies & Solutions, LLC II. CITY MANAGER'S BRIEFING A. HURRICANE SEASON UPDATE&PREPAREDNESS INITIATIVES 3:30 PM David Topczynski, Director—Emergency Management III. CITY COUNCIL LIAISON REPORTS 4:00 PM IV. CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS 4:15 PM V. CITY COUNCIL AGENDA REVIEW 4:30 PM VI. INFORMAL SESSION - Conference Room- 4:45 PM A. CALL TO ORDER B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VII. FORMAL SESSION - City Council Chamber - 6:00 PM A. CALL TO ORDER— Mayor Robert M. `Bobby"Dyer B. INVOCATION C. MOMENT OF SILENCE D. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA E. ROLL CALL OF CITY COUNCIL F. CERTIFICATION OF CLOSED SESSION G. MINUTES 1. INFORMAL AND FORMAL SESSIONS May 21, 2024 H. MAYOR'S PRESENTATIONS 1. RESOLUTION IN RECOGNITION Captain Harry McBrien 2. PROCLAMATION—VBPD FIRST AFRICAN AMERICAN FEMALE SERGEANT Sergeant Tricia J. Shelton 3. PROCLAMATION—48 h ANNIVERSARY OF CHAPTER CHARTER Dr. Tanja Arrington Mayfield 4. PROCLAMATION—LGBTQ Pride Month S` Si RESOLUTION WHEREAS: In 1989,Harry enlisted in the Marine Corps Reserves.Upon completing Recruit Training at Marine Corps Recruit Depot Parris Island,he was assigned to Marine Air Control Squadron 14(MACS-24),Dam Neck VA;and WHEREAS:In 1990,Harry attended Tidewater Community College until graduation in May 1992 receiving an Associate Degree of Liberal Ars. In August 1992,he transferred to Old Dominion University until graduation in 1994 receiving his Bachelor of Arts in Political Science;and WHEREAS: In January 1996,Harry attended the Virginia Reach Police Academy and graduated in June 1996 Upon Graduation from the academy,he was assigned to the 4`8 Precinct where he worked as a patrol officer and a Community Policing Officer;and WHEREAS: In August 2001,Harry was transferred to Professional Development and Training serving as the department recruiter and academy instructor until June 2006;and WHEREAS:In August of 2002,Harry was activated and deployed with MACS-24(MACS-2)in support of Operation Southern Watch/Operation Iraqi Freedom to Jordan serving as a Senior Air Director;and WHEREAS:In June 2006,Harry was promoted to the rank ofsergeant and was transferred to the 2rtd Precinct. In September of 2006,he was transferred the a Precinct as a patrol sergeant;and WHEREAS: In December of 2006,he was activated and deployed as Operations Chief,6'Provisional Security Company,Djibouti,Africa in support of Operation Enduring Freedom.His collateral duty during this deployment was Port Security Officer responsible for security of all U.S. ships while in Port of Djibouti;and WHEREAS:In May of 2009,Lieutenant McBrien was activated and deployed as part of Marine Air Control Group-28 Detachment FWD,Al Asad, Iraq serving as Assistant Operations Officer and Senior Enlisted Advisor.Each time he was serving abroad Harry worked with organizations to better communities in those countries,such as Flip Flops for Africa,which provided shoes to children;and WHEREAS: Harry served as Crime Prevention Unit Supervisor before being promoted to Lieutenant on October 1,2012. As a precinct lieutenant he served as shift commander at the 3rd Precinct.Harry then served as 2"d Precinct Special Events Coordinator from April 2013 to 2016. Harry was then assigned to Special Operations as the Tactical Commander of the SWAT Team. He then served as the Narcotics and Vice Lieutenant of Special Invesligations for three years;and WHEREAS:Harry was promoted to the rank of captain and transferred to take command of the 2"d Precinct on April 22"d,2021;and WHEREAS: Harry was responsible for focusing on three main areas.Under his supervision,violence at the Oceanfront was drastically reduced by over eighty percent during a three year period. This was achieved by working with internal and external stakeholders. He would conduct monthly bar meetings to bring everyone together to reduce crime and bad behavior and held precinct musters in the field.The section area offocus was the quality of life along the 17'*Street corridor and Seatack. He.worked with city,state,federal and private entities to reduce crime while focusing on quality-or-life issues in Atlantis,Friendship Village,Colony Trailer Park,and Trailer City. His actions to improve quality of life for children in these communities included coordinating Kona Ice Trucks to give out snow tortes to children and adults,driving children on a charter bus to Lights at the Beach,touring the ODU campus sports facilities,attending a Lady Monarchs basketball game and to see the Navy's newest aircraft carrier, U.S.S. Gerald R.Ford(CVN-78).Lastly,Harry worked to recognize issues and try to find solutions to form a centralized location for Jl students providing safe and adequate housing for seasonal workers;and WHEREAS:Harry's military awards include a Meritorious Service Medal with a gold star in lieu of a second award,Joint Services Commendations Medal and Veteran of Foreign Wars Officer of the Year Award. While assigned to the VBPD,Harry also received thirty-two letters of accommodation,five class act awards,and two public service medals;and WHEREAS: Harry and his wife serve as Co-Chairs of the Old Dominion Athletic Foundation Legacy Society where they have helped raise over four million dollars towards athletic scholarships through planned estate giving,and WHEREAS:On this day,we honor a public servant whose leadership and commitment to public safety has immensely benefited the City.As he steps into a new role as a private citizen,he will always be respected and appreciated for going above and beyond the call of duty;and NOW,THEREFORE,BE IT RESOLVED:That the Virginia Beach City Council hereby expresses its gratitude and appreciation to HARRY McRRIEN for his outstanding service to our City and our Police Department for over twenty-eight years. Adopted by the Council of the City o Virginia Beach, Virginia the 4t°day of June,2024 and present this Resolution duly signed by each Member of the Virginia Beach City Council co ad upon the Minutes of this meeting. CuclMem6er ' ucCound(Wem6er3fichaelT ucchi Councd9dem&rBar6ara:M.7fenl� 'son CouncdWem6erWp6ert`W."W;rt'hh'&n ick Councif9Hem6ereDr.Ameara qWs-Mammond un ' em6erjennifer vse Cou 'Mem6erjoashua Schubwn CouncilMemi .nisTayfor ouncif 4em6erSa6rinacD.'Wooten Vice Wayor4Wemary 6Vson Mayor4jp6ert0'Bo66y yer BFA O� r� , '' `ae 0f� `�R�" O'""o f 1 Lt/ Prodamatton ufiertnz Sergeant Trtcia 1.Shelton, daughter of Rpse(Davis and mother of two diddren,TerreQ-Shelton,and Tashia Shelton,and 4Vietrac In 2000- 2007 Sergeant Shelton obtained her 6achelor's degree in ciiminal justice at Virginia `Wesleyan College;and %4er= Sergeant Trivia took specialized trainings in 'DCJS General Instructor Crisis Intervention Team (f.M. Crime Scene Officer(CSO� Radar and Breath Tech Certifie,4 Advance Interviewing and Interrogation,and Leadership in'PoCce Organizations(LTO-and `t te►ax Sergeant Shelton has served in Vniform patrorat 4'6 Precinct Patrok 2i6'Precinct Patro(-Summer Beat, to the(Detective Bureau-94itsing Person,domestic Violence, is''Precinct Crimes,and Spec al Victims`tlnit,wem6er Recruiting and wentoring Team;and Wier= In 2012 she surviveda jet plane crash,•and Whereas In 2015-2017 she has received 1 retter of appreciation and Commendation and 3 Class Act Awards; and 4ferras In 2018 she was awarded by the 'Detective Bureau Excellence and Vnit Citation as the read detective, collectively worked with the team to investigate the Ashanti Billie missing person case, and U*er= Sergeant Shelon was promotedas a Waster'Potice Officer in 2017;and 'Whereas On 9varch 21, 2024, the$irginia Beach To6ce Department prouQly announced the promotion and swearing in of the'First 6lack female Sergeant,Trkia Shelton,at the Virg inia Beach City Ma IT-and ` *er= ChiefWeudigate rerwrW"As wegatherhere this morning,we are not just celebrating a promotion,• we are celebrating a breaking of barriers. Trivia is not onfy an exceptional offuer but also the first 6lack femar to achieve the rank of sergeant in our department's history;the very first in 61 years. This milestone is not just a testament to herdeduation andhardworkbut also to the progrwss we are making as an organization' Now,9 herefore,I,Wpbert 91.'Dyer,94ayor of the City of Virginia Beach,'Virginia,do hereby Pro cfain Sergeant?ncia,7. Shelton as the firstAfricanAmerican Female Sergeant in the lirginta Beach Porke Department In'Gf>ginia Beach, I call upon all the Citizens in our 6eloved Virginia Beach to join me in celebrating Sergeant Shefton's promotion,accomplishments,and deduation she has showed throughout her career in the Virginia Beach 'Polue'Department. In 44htness Uftereof, I have hereunto set my hand and caused the Official Seal of the City of Virginia Beach, Virginia,to be affixed this'Fourth Day of June,Two'IliousandTwenty-Four. 34 Mert 94. 'Bobby"Dyer Wayor G�ik BOAC 0 �M U °air q�salyasl A 06 L Of DUR NAnU Proclamation Ufwrears: On June 5, 1976, the Lambda Gamma Omega ChapterofAlpha i(gppaAfpha Sorority,Incorporated was chartered by 19 professional women in the City of Virginia Beach, Virginia;and 10e►eas: Lambda Gamma Omega was thefirstAfricanAmetican, GreekLetter organization to have a chapter in the City of Virginia Beach;and WL,reas: For 48 years,Lambda Gamma Omega has served the citizens of Virginia Beach and the surrounding 7fampton Wgads area through various community service projects, workshops, tutorialprograms, andhealth screenings;and Ttfxrras: For 48 years,Lambda Gamma Omega has served the citizens of Virginia Beach via fooddrives, coat drives, 600kdrives,and by providing academic scholarships;and Wie w . Lambda Gamma Omega continuedits service to the citizens of Virginia Beach during the COVID crisis and continues to do so today with its outstanding programming. Now,Therefore I,W96ert 9K. "Bo66y"Dyer, Mayor of the City of Virginia Beach, Virginia,do hereby proclaim: 48th Anniversary of Chapter Charter In 'Ihrginra&=h, I call upon acl citizens to recognize "the good work"of this organization that 6enefits the citizens of Virginia Beach, on its 48°k charter anniversary of,Tune 5th and recognizes this day as Alpha Kappa Alpha Sorority, Incorporated, Lambda Gamma Omega Day in the great City of Virginia Beach. In 'W'itness 4Mfwwf, I have hereunto set my hand and caused the Official Sea!of the City of Virginia Beach, Virginia, to be affixed thzs Fourth Day of June,Two Thousand andTwenty-Four. �gdert�f. "Bo66y"Dyer Mayor 8Mc p4¢� `'� . s `- 0 �Gp�R RITR� �rD�cra�n�actt�o� `6 4ereas. The City of Virginia Beach remains committed to fostering an inclusive community that welcomes and empowers alf In an effort towards continued improvement of the fives of our workforce and citizens,an LGBTQLiaison has been identij'wd in each of our pubfc safety departments and in the City Manager's Office.The Liaisons examine the city's policies and services through an LGBTQ lens and provide a friendTy ear to constituents or staff wishing to bring LGBTQ-related issues to the attention city government, which has led to the City of Virginia Beach receiving a perfect score on the7fuman fights Campaign's Municipa[Equality Index and s0tterms• This City's LGBTQ Community members, through tireless volunteerism and advocacy, 6uird strong community partnerships connecting LGBTQ youth, teens,adults,andfamifres to supportive resources that enhance the physical mental and social well-being of our entire community while demonstrating the capacity of the creative, social; economic,and infCuentiarforce of the LGB'IQCommunity and its allies to effect positive change where we five,where we word,prof where we play;and Ufwrear In the movement toward equaf thtsfor lesbian,gay, 6isexua4 and transgender(LGB7Q people,a historic turning point occurred on June 28, 1969, in New 7ork City, with the onset of the StonewaQ Wjots. (During these riots, LGBTQ citizens rose up and fought against the discriminatory criminal Caws that have since been declared unconstitutbnaC,•and Ufunas: June is cerebratedas LGBIIQTride Month nationwide andLGB2Q,pride celebrations have taken place around the country every June to commemorate the beginning of the StonewalfW0ts;and Uftereas: June 2024 will mark,35 years of summertime festivals, now lurostm as TrideTest, hosted by 7fampton 4Z9ads(prde, who willhost(Pride at the Beach at the Oceanfront in the City of Virginia Beach on Sunday,June 23,2024;and I lunar. Virginia Beach citizens continue to cerebrate unity,em6race diversity,and instill pride in our region's LGYBTQ and alliedcommunities by increasing visi6i6ty andpromoting fufrhuman andcivifrights of LGBTQpeopfe;and %*ereas: It is imperative that alf people in the community, regardTess of sexuaf orientation or gender identity,are respected, safe,empowered and supported 6y their peers,educators,and community Leaders. Now 2fterrfmz,I Wilbert M.(Dyer,Mayor of the City of Virginia Beach,Virginia,do hereby proclaim: ,dune 2024 o de Month In I*isda&each,andl calfon aCfourcitizens to eliminate prejudice everywhere it exists andaskyou to join me in cerebrating the great diversity of our community as we workto 6uird a culture of inclusion and acceptance. In Gt&'neu I iertof,I have hereunto set my hand and caused the OffuaaCSea[of the City of Virginia Beach,Virginia, to be affixed this'Fourth(Day of June,Two 2housand7wenty four. elZqbe�,I (Dyer Mayor I. PUBLIC HEARINGS 1. ACQUISITION, BY AGREEMENT OR CONDEMNATION 170'Street Improvements Phase 1 Pacific Avenue to Cypress Avenue Project, CIP 100001 2. LEASE OF CITY PROPERTY- OLD COAST GUARD STATION 24'h Street and Atlantic Avenue �•4Y HT PUBLIC HEARING ACQUISITION W AGREEMENT OR CONDEMNATION The Virginia Beach city Council will hold a PUBLIC WEARING on Tuesday, June 4, 2024 at6:00 p.m.,in the City H811 Building (Building M1) at the Municipal Center, Virginia Beach,Virginia,on the proposed acquisition, by agreement or condemnation,of property and easements necessary for the 17, Street Improvements Phase I Pacific Avenue to Cypress Avenue Project,CIP 100001(the "Project").The purpose of this hearing will be to obtain public input regarding authorizing condemnation, A necessary, for the Project. If you are physically disabled or visually Impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 757.9854303; Hearing Impaired, call 711 (Virginla Relay - 6 Telephone Device for the Deaf). Any questions concerning this hearing should be directed to the Department of Public Works/Office Real Estate,Building #23, 2473 North Lending Road, at the Virginia Beach Municipal Center, (757) 385.4161. If you wish to make comments virtually during the public hearing, please follow the two-step process provided below: 1. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m.on June 4,2024. 2. Download WebEx and view the meeting at httos://yoPoy.W ebe%coil/W ebi In k/re a_ister/rcf if b896692d3Rab 151a 339 d70dc8 All Interested parties are invited to participate. Amanda Barnes.MMC City Clerk PILOT-May 26,2024 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize the acquisition in fee simple for the 17th Street Improvements Phase I Pacific Avenue to Cypress Avenue Project, CIP 100001, and the acquisition of temporary and permanent easements, either by agreement or condemnation PUBLIC HEARING DATE: June 4, 2024 MEETING DATE: June 18, 2024 ■ Background: The 17th Street Improvements, Phase I Pacific Avenue to Cypress Avenue Project, CIP 100001 (the "Project"), is a roadway improvements project, along 17th Street (Virginia Beach Boulevard) from Cypress Avenue to Pacific Avenue. The Project provides improved function and connectivity for the 17th Street Corridor through the implementation of an 80-foot typical section consisting of wider sidewalks, bicycle lanes, traffic signals, curb and gutter, and accessibility upgrades including improved crosswalks and curb ramps along four lanes of traffic. The Project will also provide associated utility improvements, including undergrounding of overhead utilities, new stormwater, sanitary sewer and water infrastructure. This Project first appeared in the FY 2019-20 CIP. A portion of the design for the Project (30%) is funded by CIP 100459 (formerly CIP 9-020), ViBe District Street Infrastructure Improvements. Full design will be completed in FY 2022-23 with construction beginning as early as October 2024. Two and a half years of construction are anticipated with public approval of summertime construction moratorium exemption. The Project funding uses associated debt service, which is anticipated to be paid out of the Tourism Investment Program Fund. Rehabilitation of the 17th Street Corridor is a critical component in the success of the Central Beach Entertainment District development and has been identified as a need in the Resort Area Strategic Action Plan. 17th Street serves as one of several vehicular priority streets providing a direct connection and gateway to the Oceanfront from all points west to local businesses, and this Project will make the corridor more accessible and functional. ■ Considerations: The Project will require property and easements from 48 privately owned parcels. No residences or businesses are anticipated to be displaced by the Project. ■ Public Information: The last Citizen's Information Meeting (CIM) was held on November 18, 2020. An advertised public hearing will be held on June 4, 2024, and public notice will be provided via the normal City Council agenda process. 0 Alternatives: Deny the Ordinance, which could delay the Project. ■ Recommendations: Approval. ■ Attachments: Ordinance and Location Map Recommended Action: Approval Submitting Department/Agency: Public Works/Real Estate City Manager: 1 AN ORDINANCE TO AUTHORIZE a ACQUISITION IN FEE SIMPLE FOR THE 17tn 3 STREET IMPROVEMENTS PHASE I PACIFIC 4 AVENUE TO CYPRESS AVENUE PROJECT, 5 CIP 100001, AND THE ACQUISITION OF 6 TEMPORARY AND PERMANENT EASEMENTS 7 EITHER BY AGREEMENT OR 8 CONDEMNATION 9 10 WHEREAS, the 17th Street Improvements Phase I Pacific Avenue to Cypress 11 Avenue Project, CIP 100001 (the"Project"), is a roadway improvements project to improve 12 transportation, stormwater, public utilities and safety within the City and for other related 13 public purposes for the preservation of the safety, health, peace, good order, comfort, 14 convenience, and for the welfare of the people in the City of Virginia Beach; 15 16 WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a 17 public necessity exists for the construction of this important roadway project to provide 18 improved functioning and connectivity, including wider sidewalks, bicycle lanes, traffic 19 signals, curb and gutter, and accessibility upgrades including improved crosswalks and ao curb ramps along four lanes of traffic. The Project will also provide associated utility 21 improvements, including undergrounding of overhead utilities, new stormwater, sanitary as sewer, and water infrastructure. 17th Street, which is the eastern end of Virginia Beach 23 Boulevard, serves as one of several vehicular priority streets providing a direct connection 24 and gateway to the Oceanfront from all points west to local businesses, and this Project will 25 make the corridor more accessible and functional for the preservation of the safety, health, 26 peace, good order, comfort and convenience and for the welfare of the people in the City of 27 Virginia Beach. as 29 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 30 VIRGINIA BEACH, VIRGINIA: 31 32 Section 1. That the City Council authorizes the acquisition by purchase or 33 condemnation pursuant to Sections 15.2-1901, et seq., Sections 33.2-1007, et seg., and 34 Title 25.1 of the Code of Virginia of 1950, as amended, of all that certain real property in fee 35 simple, including temporary and permanent easements (the "Property"), as shown on the 36 Project plans entitled 17T" STREET IMPROVEMENTS PHASE I PACIFIC AVENUE TO 37 CYPRESS AVENUE CIP NO. 100001,"and more particularly described on the acquisition 38 plats for the Project (plats and plans collectively referred to as the"Plans"), the Plans being 39 on file in the Engineering Division, Department of Public Works, City of Virginia Beach, 40 Virginia. 41 42 Section 2. That the City Manager is hereby authorized to make or cause to be made 43 on behalf of the City of Virginia Beach, to the extent that funds are available, a reasonable 44 offer to the owners or persons having an interest in said Property. If refused, if the property 45 owners are unable to convey clear title, or if the owners cannot be identified or located, the 46 City Attorney is hereby authorized to initiate, prosecute, and settle or resolve proceedings 47 to condemn to acquire title to the Property. 48 49 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 50 , 2024. CA16281 R-1 5/6/2024 \\vbgov.com\dfs1\applications\citylaw\cycom32\wpdocs\d005\p048\00943282.doc APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM 0 P 131-lt WORK /R AL ESTATE CITY ATTORNEY r �' H NP • w . . ^ ' d M t IMF slow if n a� , t ►, �� ` .. VO'N- it �� y 7 , , F t_ 1RV �,A,.,,1 � �'k ;�°.* �" .•�^ � Ul � •, ` f # (� .. n �. , � } 14 ► +� mw �. ap H LOCATION MAP 17th STREET IMPROVEMENTS PH 1 Legend PACIFIC AVENUE TO CYPRESS AVENUE � 51 CIP #100001 Project Area Feet City Property Prepared by P.W./Enq./Enq.Support Services Bureau 01/29/2024 X:\CADD\Proiects\ARC Files\AGENDA MAPS\17th St\CIP#100001\CIP#100001 Aerial.mxd PUBLIC HEARING LEASE OF CITY PROPERTY The Virginia Beach city Council will hold a PUBLIC HEARING on Tuesday, June 4,2024 at 6,00 pm.in the City Hall Building (Building #1) at the Municipal Center, Virginia Beach, Virginia. The purpose of this hearing will be to obtein public comment on the proposed lease of the following City-owned property for the purpose of a maritime museum: Approximately 12,000 square feet, located at 240 Street and Atlantic Avenue, (GPIN 2427-19- 4622)together with the building commonly known as the "Old Coast Guard Building' If you are physically disabled or visually Impaired and need assistance atthis meeting,please call the CITY CLERK'S OFFICE at 385- 4303;Hearing Impaired,call 1-800- 828-1120(Virginia Relay-Telephone Device for the Deaf). Any questions concerning this matter should be directed to the Department of Public Works/Real Estate,2473 N. Landing Road, Building 23, at the Virginia Beach Municipal Center; (757)385-4161. If you wish to make comments virtually during the public hearing, please follow the twoctap process provided below: 1. Register with the Chy Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on June 4, 2024. 2. Download Webli and view the meeting at httc s:llvbeov.webex.com/webl i nk/regster/rcf7fb698692d38a b151a339d70dc858e All Interested parties are invited to participate. Amanda Barnes,MMC City Clerk PILOT-May 26,2024 0 W 0. It•Tf CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the City Manager to Execute a Lease for up to 5 Years with Virginia Beach Maritime Museum, Inc., for City-Owned Property Located at 24th Street and Atlantic Avenue, Together with the Building Commonly Known as the "Old Coast Guard Building" PUBLIC HEARING DATE: June 4, 2024 MEETING DATE: June 18, 2024 ■ Background: The Virginia Beach Maritime Museum, Inc. ("VBMM"), a non-stock Virginia corporation, currently operates the Virginia Beach Maritime Museum (the "Museum") in the Old Coast Guard Building located at 24th Street and Atlantic Avenue (the "Property"). The City of Virginia Beach (the "City") and VBMM entered into previous lease agreements for the Property to operate the Museum, a gift shop and office space. VBMM wishes to enter into a new lease agreement with the City. In February 2014, City Council adopted an Ordinance authorizing the City Manager to enter into 40-year lease for a small strip of land located on the southernmost portion of the Property, which allowed the adjacent property owner (23 Atlantic, LLC) to maintain pile caps to support its building. That agreement with 23 Atlantic, LLC modified the southernmost lease line of the Property but did not affect the Museum or this lease renewal. ■ Considerations: This Lease would be for a term of up to five (5) years. The Museum is important to the City's museum program and to the preservation of the City's maritime history. Moreover, proceeds from sales in the Museum gift shop are reinvested by VBMM for upkeep of existing exhibits and for purchase or creation of new exhibits. There are no plans in the foreseeable future to utilize this parcel of property for any usage other than the present use. ■ Public Information: A public hearing will be held on June 4, 2024, and public notice will be provided via the normal City Council agenda process. ■ Alternatives: Change conditions of the Lease or deny leasing of the space. ■ Recommendations: Approval ■ Attachments: Ordinance, Summary of Terms, Location Map, and Disclosure Statement Recommended Action: Approval of the Ordinance Submitting Department/Agency: Public Works/Real Estate p City Manager: ;`4' 0 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A LEASE FOR UP TO 5 3 YEARS WITH VIRGINIA BEACH MARITIME 4 MUSEUM, INC., FOR CITY-OWNED PROPERTY 5 LOCATED AT 241h STREET AND ATLANTIC 6 AVENUE, TOGETHER WITH THE BUILDING 7 COMMONLY KNOWN AS THE "OLD COAST GUARD 8 BUILDING" 9 10 WHEREAS, the City of Virginia Beach (the "City") owns property located at 24th 11 Street and Atlantic Avenue (GPIN: 2427-19-4622), together with the Old Coast Guard 12 Building (the "Property"), which currently houses the Virginia Beach Maritime Museum 13 (the "Museum"); 14 15 WHEREAS, by authority of ORD-3333F, the City Manager entered into a lease 16 with the adjacent property owner, 23 Atlantic, LLC, for a small strip of land along the 17 southern boundary of the Property to enable the adjacent property owner to maintain 18 pile caps to physically support the adjacent building (the "23 Atlantic Lease"); 19 20 WHEREAS, the 23 Atlantic Lease is specifically excepted from the renewal of the 21 lease with Virginia Beach Maritime Museum, Inc., a non-stock Virginia corporation 22 ("VBMM"); 23 24 WHEREAS, VBMM has previously leased the Property and operated the 25 Museum, and would like to enter into a new lease with the City for the Property; 26 27 WHEREAS, VBMM has been paying the City one dollar ($1.00) per year in rent 28 and the City has provided the Museum with utilities, housekeeping and maintenance; 29 30 WHEREAS, the Museum is important to the City's museum program and to the 31 preservation of the City's maritime history; 32 33 WHEREAS, profits from sales from the gift shop are utilized for the upkeep of the 34 existing maritime exhibits and for purchase or creation of new exhibits; and 35 36 WHEREAS, the Property will continue to be used for operation of the Museum, a 37 gift shop and office space. 38 39 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 40 VIRGINIA BEACH, VIRGINIA: 41 42 That the City Manager is hereby authorized to execute a lease for up to 5 years 43 between VBMM and the City for the Property, in accordance with the Summary of 44 Terms attached hereto as Exhibit A, and such other terms, conditions or modifications 45 as may be acceptable to the City Manager and in a form deemed satisfactory by the 46 City Attorney. 47 48 Adopted by the Council of the City of Virginia Beach, Virginia on the 49 day of , 2024. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: in P blic orks/Re I Estate i y A rney APPROVED AS TO CONTENT: ax'—xC lk-- Planning CA16427 \\Vbgov.com\dfs1\Applications\CityLaw\Cycom32\WPDOCS\D018\P047\00953074.DOC R-1 March 18, 2024 EXHIBIT A SUMMARY OF TERMS LEASE OF CITY-OWNED PROPERTY TO VIRGINIA BEACH MARITIME MUSEUM, INC. LESSOR: City of Virginia Beach LESSEE: Virginia Beach Maritime Museum, Inc. PROPERTY: Approximately 12,000 square feet of City property located on Atlantic Avenue at 24t" Street and known as the Old Coast Guard Building, less and except that area leased by 23 Atlantic, LLC pursuant to ORD-3333F adopted on February 25, 2014 TERM: July 1, 2024 — June 30, 2029 RENT: Rent shall be one dollar ($1.00) per year RIGHTS AND RESPONSIBILITIES OF LESSEE: • Use the Property for a maritime museum with a gift shop and offices and no other purpose. • Remain open to the general public for at least 120 days and a total of at least 1,000 hours per year. • Maintain signage which shall give recognition to the Lessor as a principal in the ownership and establishment of the Leased Property. • Purchase and maintain commercial general liability insurance. • Comply with all requirements for maintaining the building's status as a National Historic Site. RIGHTS AND RESPONSIBILITIES OF CITY: • Maintain Property in good condition and repair and provide minimal housekeeping services. • Pay for all utilities (except telecommunications fees), fuel, and solid waste collection. • Inspect the Property for compliance with the terms of the lease and all state, local and federal laws, statutes, ordinances and regulations. TERMINATION: • Either party may terminate the lease upon thirty (30) days' advance written notice to the other party. �'t,A� N W E Ilk low r �A AV i ; m to ir FF .. r -a °':• e N LOCATION MAP 400, �' PROPERTY TO BE LEASED VIRGINIA BEACH 71 1 M � MARITIME MUSEUM - SURF & RESCUE Legend `, 2401 ATLANTIC AVENUE 9 �� , `" ''a r---''� ^:1f► GPIN 2427-19-4622 City Property r , .. Feet 2427-19-4622 'Vow- 0 50 100 200 Prepared by P.W./Eng./Eng.Support Services Bureau 04/04/2024 X:\CADD\Projects\ARC Files\AGENDA MAPS\2427-19-4622-Aerial.mxd Disclosure Statement Y� Cy, Planning&Community The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board,commission or other body. Applicant Disclosure Applicant Name ,�zn . ate Does the applicant have a representative? ❑Yes M-No • If yes,list the name of the representative. i Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? ❑ Yes ENo • 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 pa rent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) I '"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, P"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, Disclosure Statement W ce'ii Planning&Comn=4 Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beac have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes 97 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 i connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes lNo If yes,identify the financial institutions providing the service. 2. Does the appplliTt have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑ ONO 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 57-rNo • 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 Z N0 If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?❑ Yes 5 N0 If yes,identify the purchaser and purchaser's service providers. Revised 11.09.2020 2 1 i Disclosure Statement XB y_ uy � a-` � aw ...+�... Ov*vk art hfty a awapAdjenate in(xv"Wtten WO the st4w of thr OPP64 atk n or any business Opel still or > be.x atrct�r paE+#+etty?[� ($No • V Lunt mffv&*t aad M+I v*"pvvi tg the W** 2. fabea slue 111t+r!an ►n+vo►1ai++�to lellilKlbtt wh the d tM ap# atitxi or arty business or to be opefulw on tiro pop"?0 Yes U440 • �ye:w isieeittEf>tkse flnia aad 1pl�n>iivai pt the sari ier It >3 h Ow appicent rec" hral aasvt<as in with the subject of the application or any business operating or to be operabnd on tlse p r esttr?13 Yes 15 rtaft • !f wa.kleWi the frrm and ktscillil"ptoaldit the service. As3pf a—M Siyature i trig-.vtat ii m of the inforation contained in this Disclosure Statement Form is complete,true,and accurate. I understand that upon recept of mitibcatson that the applitz6on has been scheduled for public hearing,I am responsible for updating the information prP OP& her+ai+two weeks Prior to the rneeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any pubic body or oornn kites in connecten with this applicat Pon Appfimnt Signatum f� Prurt j? 1 DO" -- 1 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/that pertains to the applications M•sisatses a ar Date Siputure Print H�mc Revised 11092020 31 P a[' c° Disclosure Statement NU r1ro4laxi Planning&Community Development Continue to Next Page for Owner Disclosure a ( 1 10 Disclosure Statement 1 c #4r Planning&Curnlainky Devdq m d Owner Disclosure rj Owner Name 1f �f Atit�tGay� �w �1. �1u �r � �!' �X , +tk.<t l'���, IT1$1—. — Applicant Name Lv�� LIs the Owner a corporation,partnership,firm,business,trust or an unincorporated business? ❑Yes [2 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?ElYes Mac 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 entitles." 5ee State and Local Government Conflict of interests Act,Va. Code§2.2-3101. Revised 1109 2020 5 1 F Disclosure Statement Planning&C{14tiJTit n Developmmt Owner Services Disclosure 1. Does the Owner have any existing financing(mortgage;deeds of trust,cross-coDateralizaWn,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 (E"No • If yes,identify the financial institutions providing the service. 2. Does the Owner ha.e a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑ Yes VNO • If yes,identify the company and individual providing the service. j I 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 CR No • if yes,identify the firm and individual providing the service. i i A. Does the Owner have services from an architect/landscape architect/land planner provi jn connection with the subject of the application or any business operating or to be operated on the property?❑ ded 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 LY7 No • if yes,identify the purcha,er 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 0No • if yes,identify the company and individual providing the service. 7. Does the Owner have an engineer/surveyor/ag71No in connection with the subject of the application or any business operating or to be operated on the property?❑Yes • If yes,identify the firm and individual prodding the service. 1 Revised 1 L 09.2020 6 1 I Disclosure Statement x13 r.p,�vim ,.., .., Planning&Community -� DevekrPment 1 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 CR(NO • If yes,identify the firm and individual providing legal the service. Owner Signature i I certify that all of the information contained in this Disclosure Statement form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,1 am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Owner Signature Print Name 96d Tito Date Revised 11 09-2020 7 P a g c � VIRGINIA BEACH SURF& RESCUE MUSEUM Board — Updated May 10, 2024 Ed Hopper President Dave Uhrin VP Bretta Lewis Secretary Geoff Cole Treasurer Russell Lyons Ex Officio Benjamin Clarke Bill Gambrel Brady McNaughton Clay Camp Frank Malbon Jake Denton Justin Acosta Kate Easton Kevin Martingayle LG Shaw Paula Sherwood Ramsey, Julie Tim Pope William Kitchin * Become A Member — Make A Donation — Make A Difference — vbsurfrescuemuseum.org Virginia Beach Maritime Museum, Inc. t/a The Virginia Beach Surf& Rescue Museum is a recognized 501 (c)(3) charitable organization, EIN 54-1113384 2401 Atlantic Ave & Boardwalk Virginia Beach, VA 23451 J. FORMAL SESSION AGENDA 1. CONSENT AGENDA K. ORDINANCES/RESOLUTIONS I. Ordinance to AUTHORIZE acquisition of property in fee simple for the Parliament Drive Sidewalk Improvements Phase II Project, CIP 100301 and the acquisition of temporary and permanent easements, either by agreement or condemnation re community improvement, and pedestrian and bicycle enhancements 2. Ordinance to AUTHORIZE the City Manager to EXECUTE a Lease for City-owned property for up to four(4)years at Virginia Beach Farmers Market, Building 1, Space 9 re Andrew Skipper d/b/a Skipper Farms 3. Ordinance to AUTHORIZE the City Manager to EXECUTE a Lease for City-owned property for up to four(4)years at Virginia Beach Farmers Market, Building 3, Space 13 re S&H Produce, Inc. 4. Ordinance to AUTHORIZE the donation of all remaining"No Cursing" signs to the Virginia Beach Police Foundation(Requested by Mayor Dyer and Vice Mayor Wilson) 5. Resolution to DIRECT the City Manager to undertake a Request for Proposals process re procure a study providing a Strengths,Weaknesses,Opportunities, and Threats (SWOT) Analysis focusing on the pros and cons of collective bargaining(Requested by Mayor Dyer) 6. Resolution to AMEND the Transition Area/Interfacility Traffic Area Citizens' Advisory Committee membership(Requested by Council Members Henley, Remick, Rouse, and Schulman) 7. Resolution to DIRECT the City Manager to identify sources of funding re expansion of the Parks After Dark Program to serve the Level Green Neighborhood (Requested by Council Members Hutcheson, Remick, Rouse, and Wooten) 8. Ordinance to AUTHORIZE temporary encroachments into two City-owned drainage and canal easements re maintain an existing concrete driveway and to construct and maintain a vinyl bulkhead with returns, and to remove and replace an existing wood dock at 1816 Duke of York Quay DISTRICT 8 9. Ordinance to ACCEPT and APPROPRIATE $297,282 from the Fund Balance of the Sheriff's Office Special Revenue Fund and to TRANSFER up to $380,000 in vacancy savings within the General Fund to the FY2023-24 Sheriff's Office Operating Budget re increased food and medical costs 10. Ordinance to ACCEPT and APPROPRIATE $111,250 from the Virginia Department of Behavioral Health and Development Services via the Regional Fiscal Agent, Wester Tidewater Community Services Board to the FY2023-24 Human Services Operating Budget re Regional Mobile Crisis Response Programs 11. Ordinance to APPROPRIATE $184,654 from the Fund Balance of the Commonwealth Attorney's Forfeited Assets Special Revenue to the FY2023-24 Commonwealth Attorney's IL_ Operating Budget re execution of a records digitization contract J. FORMAL SESSION AGENDA 1. CONSENT AGENDA K. ORDINANCES/RESOLUTIONS 1. Ordinance to AUTHORIZE acquisition of property in fee simple for the Parliament Drive Sidewalk Improvements Phase II Project, CIP 100057 and the acquisition of temporary and permanent easements, either by agreement or condemnation re community improvement, and pedestrian and bicycle enhancements 2. Ordinance to AUTHORIZE the City Manager to EXECUTE a Lease for City-owned property for up to four(4) years at Virginia Beach Farmers Market, Building 1, Space 9 re Andrew Skipper d/b/a Skipper Farms 3. Ordinance to AUTHORIZE the City Manager to EXECUTE a Lease for City-owned property for up to four(4)years at Virginia Beach Farmers Market, Building 3, Space 13 re S&H Produce, Inc. 4. Ordinance to AUTHORIZE the donation of all remaining"No Cursing" signs to the Virginia Beach Police Foundation(Requested by Mayor Dyer and Vice Mayor Wilson) 5. Resolution to DIRECT the City Manager to undertake a Request for Proposals process re procure a study providing a Strengths,Weaknesses,Opportunities, and Threats (SWOT) Analysis focusing on the pros and cons of collective bargaining(Requested by Mayor Dyer) 6. Resolution to AMEND the Transition Area/Interfacility Traffic Area Citizens' Advisory Committee membership (Requested by Council Members Henley, Remick, Rouse, and Schulman) 7. Resolution to DIRECT the City Manager to identify sources of funding re expansion of the Parks After Dark Program to serve the Level Green Neighborhood(Requested by Council Members Hutcheson, Remick, Rouse, and Wooten) 8. Ordinance to AUTHORIZE temporary encroachments into two City-owned drainage and canal easements re maintain an existing concrete driveway and to construct and maintain a vinyl bulkhead with returns, and to remove and replace an existing wood dock at 1816 Duke of York Quay DISTRICT 8 9. Ordinance to ACCEPT and APPROPRIATE $297,282 from the Fund Balance of the Sheriff's Office Special Revenue Fund and to TRANSFER up to $380,000 in vacancy savings within the General Fund to the FY2023-24 Sheriff's Office Operating Budget re increased food and medical costs 10. Ordinance to ACCEPT and APPROPRIATE $111,250 from the Virginia Department of Behavioral Health and Development Services via the Regional Fiscal Agent, Wester Tidewater Community Services Board to the FY2023-24 Human Services Operating Budget re Regional Mobile Crisis Response Programs 11. Ordinance to APPROPRIATE $184,654 from the Fund Balance of the Commonwealth Attorney's Forfeited Assets Special Revenue to the FY2023-24 Commonwealth Attorney's Operating Budget re execution of a records digitization contract CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize acquisition of property in fee simple for the Parliament Drive Sidewalk Improvements Phase II Project, CIP 100301, and the acquisition of temporary and permanent easements, either by agreement or condemnation PUBLIC HEARING DATE: May 21, 2024 MEETING DATE: June 4, 2024 Background: The Parliament Drive Sidewalk Improvements Phase II Project (the "Project") will provide a 5-foot-wide concrete sidewalk along the southern side of Parliament Drive from east of Green Kemp Road to the Arrowhead Plaza Shopping Center, a total distance of approximately 1,100 feet (0.21 miles). The proposed sidewalk will tie into the existing sidewalk at the Arrowhead Plaza Shopping Center and the existing sidewalk east of Green Kemp Road. The Project also includes new ADA-accessible curb ramps at the intersections of Parliament Drive with Green Kemp Drive and Gallant Fox Road; piping the existing drainage ditch; new curb and gutter; utility adjustments to accommodate the Project and new sanitary sewer laterals. The Project will improve safety and provide connectivity for pedestrians walking to destinations along Parliament Drive, such as Point O'View Elementary School, Parliament Park, Arrowhead Shopping Center, and two area churches. The sidewalk will provide off-street connectivity in an area that is heavily traveled by pedestrians. The Project was created and approved by City Council Ordinance adopted on October 2, 2018, and appeared first in the FY 2019-20 CIP document. The Project is partially funded from the federal Transportation Alternatives Set Aside Program for community improvement, and pedestrian and bicycle enhancements throughout the City. ■ Considerations: The Project will require property and/or easements from 9 privately owned parcels. No residences or businesses are anticipated to be displaced by the Project. Public Information: The last Citizen's Information Meeting (CIM) was held on October 17, 2017. A Notice of Willingness was posted on December 10th and 31 st, 2023, and expired on January 9th, 2024. The Notice of Willingness was properly advertised and posted including the procedure for requesting a public hearing, plans were available for review and comment, and the NEPA document was available for review. An advertised public hearing will be held on May 21, 2024, and public notice will be provided via the normal City Council agenda process. ■ Alternatives: Deny the Ordinance, which could delay the Project. ■ Recommendations: Approval. e Attachments: Ordinance and Location Map Recommended Action: Approval Submitting Department/Agency: Public Works/Real Estat City Manager: 1 AN ORDINANCE TO AUTHORIZE 2 ACQUISITION IN FEE SIMPLE FOR THE 3 PARLIAMENT DRIVE SIDEWALK 4 IMPROVEMENTS PHASE II PROJECT, CIP 5 100301, AND THE ACQUISITION OF 6 TEMPORARY AND PERMANENT EASEMENTS 7 EITHER BY AGREEMENT OR 8 CONDEMNATION 9 10 WHEREAS, the Parliament Drive Sidewalk Improvements Phase 11 Project, CIP 11 100301 (the "Project") is part of the Transportation Alternatives Set Aside Program for 12 community improvement, and pedestrian and bicycle enhancements throughout the City; 13 14 WHEREAS, the Project will provide a 5-foot-wide concrete sidewalk along the 15 southern side of Parliament Drive from east of Green Kemp Road to the Arrowhead Plaza 16 Shopping Center, a total distance of approximately 1,100 feet(0.21 miles). The proposed 17 sidewalk will tie into the existing sidewalk at the Arrowhead Plaza Shopping Center on the 18 west and the existing sidewalk just east of Green Kemp Road. The Project also includes 19 new ADA-accessible curb ramps at the intersections of Parliament Drive with Green Kemp 20 Road and Gallant Fox Road; piping for the existing drainage ditch; new curb and gutter; 21 utility adjustments and new sanitary sewer laterals; 22 23 WHEREAS, the Project work will occur mainly within the existing right-of-way; 24 however, property and/or drainage and temporary construction easements are needed 25 along 9 parcels within the Project boundary for adjusting drainage and utility facilities and 26 properly aligning the new sidewalks at intersections; and 27 28 WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a 29 public necessity exists for the construction of this important Project to provide accessibility 30 and safety improvements for pedestrian access to the surrounding areas, for the 31 preservation of the safety, health, peace, good order, comfort and convenience and for the 32 welfare of the people in the City of Virginia Beach. 33 34 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 35 VIRGINIA BEACH, VIRGINIA: 36 37 Section 1. That the City Council authorizes the acquisition by purchase or 38 condemnation pursuant to Sections 15.2-1901, et seq., and Title 25.1 of the Code of 39 Virginia of 1950, as amended, of all that certain real property in fee simple, including 40 temporary and permanent easements (the "Property"), as shown on the Project plans 41 entitled "PARLIAMENT DRIVE SIDEWALK IMPROVEMENTS PHASE II CIP NO. 100301" 42 and more particularly described on the acquisition plats for the Project (plats and plans 43 collectively referred to as the "Plans"), the Plans being on file in the Engineering Division, 44 Department of Public Works, City of Virginia Beach, Virginia. 45 46 Section 2. That the City Manager is hereby authorized to make or cause to be made 47 on behalf of the City of Virginia Beach, to the extent that funds are available, a reasonable 48 offer to the owners or persons having an interest in said Property. If refused, if the property 49 owners are unable to convey clear title, or if the owners cannot be identified or located, the 50 City Attorney is hereby authorized to initiate, prosecute, and settle or resolve proceedings 51 to condemn to acquire title to the Property. 52 53 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 54 , 2024. CA16480 R-1 04/08/2024 \\vbgov.com\dfs 1\applications\citylaw\cycom32\wpdocs\d012\p048\00959323.doc APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM L PIN60tWORK /R AL ESTATE CITY ATTORNEY N AD , . w E - r d SOUTHERN-BLVD i 44 LU . M1 jj r ra 71 , AAy FR 1 "6 xr +` *, ,. l Cn Alb f Al It 7, w AIM . �► ,., Zito A All At t r x, y r F�ct,� �• � LOCATION MAP PARLIAMENT DRIVE �' ., . ' .� �?" _ SIDEWALK IMPROVEMENTS Legend - -'� r CIP#100301 77- `µ Project Area 3 � Feet City Property 0 100 200 400 Prepared by P.W./Enq./Ena.Support Services Bureau 04/09/2024 _ X:\CADD\Prolects\ARC Files\ IP\2024 CIP\CIP 100301 Aenal.mxc 1`r rb �. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the City Manager to Execute a Lease for Up to 4 Years with Andrew Skipper d/b/a Skipper Farms for City-Owned Property Known as Building 1, Space 9 in the Virginia Beach Farmers Market PUBLIC HEARING DATE: May 21, 2024 MEETING DATE: June 4, 2024 ■ Background: The City of Virginia Beach (the "City") issued a Request for Proposals for Space 9 in Building 1 at the Virginia Beach Farmers Market, which consists of approximately 960 sq. ft. of space (the "Premises") and received one submittal from Andrew Skipper d/b/a Skipper Farms ("Skipper Farms"). Skipper Farms has been leasing the Premises since 2005 and desires to enter into a new lease with the City (the "Lease"). The Premises will be utilized for the sale of farm produced items such as produce, flowers, plants, wreaths, Christmas trees, canned items, cheese, eggs, honey, meats, peanuts and related items, and for no other purpose. ■ Considerations: The term of the Lease is three (3) years, with one (1) additional one-year renewal option, exercisable by mutual agreement of the parties. The City has the right to terminate the Lease with 180 days' notice if needed for a public purpose. For more specific terms, see Summary of Terms attached to the Ordinance. Typically leases at the Farmers Market run for terms of up to 5 years, including renewals, but Andrew Skipper d/b/a Skipper Farms did not return the required documentation for almost a year. Consequently, one year was removed so that this lease stays on the same schedule as other leases at the Farmers Market that were awarded through the same request for proposals process. ■ Public Information: A public hearing was advertised on May 12, 2024, in The Virginian-Pilot. Public notice provided via the normal City Council agenda process. ■ Alternatives: Approve Lease as presented, change terms of the Lease or deny leasing of the space. ■ Recommendation: Approval ■ Attachments: Ordinance, Summary of Terms, Location Map, Disclosure Statement Recommended Action: Approval Submitting Department/Agency: Public Works / Real Estate City Manager: 1 AN ORDINANCE AUTHORIZING THE CITY MANAGER 2 TO EXECUTE A LEASE FOR UP TO 4 YEARS WITH 3 ANDREW SKIPPER D/B/A SKIPPER FARMS FOR CITY- 4 OWNED PROPERTY KNOWN AS BUILDING 1, SPACE 5 9 IN THE VIRGINIA BEACH FARMERS MARKET 6 7 WHEREAS, the City of Virginia Beach (the "City") is the owner of the Virginia 8 Beach Farmers Market located at 3640 Dam Neck Road in Virginia Beach, Virginia (the 9 "Farmers Market"); 10 11 WHEREAS, the City issued a Request for Proposals for Space 9 in Building 1 at 12 the Farmers Market, which consists of approximately 960 sq. ft. of space (the 13 "Premises") and received one submittal from Andrew Skipper d/b/a Skipper Farms 14 ("Skipper Farms"); 15 16 WHEREAS, Skipper Farms has leased the Premises since 2005 and desires to 17 enter into a new lease with the City; 18 19 WHEREAS, the Premises will be utilized for farm-produced items such as 20 produce, flowers, plants, wreaths, Christmas trees, canned items, cheese, eggs, honey, 21 meats, peanuts and related items, and for no other purpose; and 22 23 WHEREAS, Skipper Farms has agreed to pay the City rent in the amount of 24 $11,591.12 annually ($965.93 per month) for the first year of the term, with a five 25 percent (5%) annual rent escalation for each year thereafter. 26 27 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 28 OF VIRGINIA BEACH, VIRGINIA: 29 30 That the City Manager is hereby authorized to execute a lease for up to 4 years 31 between Andrew Skipper d/b/a Skipper Farms and the City for the Premises, in 32 accordance with the Summary of Terms, attached hereto as Exhibit A and made a part 33 hereof, and such other terms, conditions or modifications as may be acceptable to the 34 City Manager and in a form deemed satisfactory by the City Attorney. 35 36 Adopted by the Council of the City of Virginia Beach, Virginia on the day of 37 , 2024. APPROVED AS TO LEGAL APPROVED AS TO CONTENT SUFFICIENCY AND FORM til City Aftomey ��ub is Work / Real Estate CA 16046 \\vbgov.com\dfs1\applications\citylaw\cycom32\wpdocs\d029\p046\00962487.doc R-1 May 7, 2024 EXHIBIT A SUMMARY OF TERMS LEASE FOR SPACE AT THE VIRGINIA BEACH FARMERS MARKET LESSOR: City of Virginia Beach (the "City") LESSEE: Andrew Skipper d/b/a Skipper Farms PREMISES: Building 1, Space 9, consisting of 960+/- square feet TERM: July 1, 2024 through June 30, 2027, with one (1) additional one- year renewal option RENT: Initial rent of$11,591.12 annually($965.93 per month)for the first year of the Term, with a five percent(5%) annual escalation for each year thereafter RIGHTS AND RESPONSIBILITIES OF LESSEE: • Use Premises for the sale of farm-produced items such as produce, flowers, plants, wreaths, Christmas trees, canned items, cheese, eggs, honey, meats, peanuts and related items, and for no other purpose. • Maintain in good condition and repair the electrical systems serving the Premises, including existing outlets and installation of additional outlets. • Maintain the Premises in good condition and repair, clean and sanitary, free of dirt, dust, grime, grease, trash, refuse and vermin. • Payment of all assessed fees and taxes. • Purchase and maintain commercial general liability insurance. RIGHTS AND RESPONSIBILITIES OF CITY: • Maintain and repair air conditioning, ventilation and heating systems, plumbing and other building systems that service the Premises, except electrical system. • Maintain common areas of the Farmers Market and maintain and/or replace the structural elements of the Premises, including exterior walls, roofs, floors and foundation. TERMINATION: • City has special right to terminate if necessary for a public purpose by giving one hundred eighty(180) days' advance written notice to the Lessee, upon action by City Council. The Lessee has the right to terminate for any reason by giving ninety (90) days' advance written notice to the City. Disclosure Statenient AdMUL Pill 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 Disclosures - Applicant Name grt-wJ Ai peer Does the applicant have a representative? ❑Yes 491hiO • If yes,list the name of the representative. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? `Yes ,lNO • If yes,list the names of all officers,directors,members,trustees,etc,below. (Attach a list if necessary) • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) '"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. '"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership Interest in the other business entity,(H)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 oremployees or otherwise share activities,resources or personnel on a regular basis,or there is otherwise a close woridng relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.2020 11 P a g e ,I Disclosure Statement illzinniiig&t't}i in I)4'ti't'.lopmen woo 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 Er 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-collaterali:ation,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 ONo • If yes,Identify the financial institutions providing the service. 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑ Yes I'NO • If yes,identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes U NO • If yes,identify the firm and Individual providing the service. 4. Does the applicant have services from an archftect/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 W NO • If yes,identify the firm and individual providing the servlce. 5. Is there any other pending or proposed purchaser of the subject property?[]Yes 1'NO • if yes,Identify the purchaser and purchaser's service providers. Revised 11.09.2020 2 I P Disclosure Statement Manning& CmmirI Dc%!d-ojm ent 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 ONO • 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 VNO • 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,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 SW PAY- p W eve I- PrIM Neme and Tide 3W& - _- Date Is the applicant also the owner of the subject property? ❑ Yes PKNO • If yes,you do not need to fill out the owner disclosure statement. OR CITY USE ONLY/ that pertai.Ins to the application s No dashes as of 0•te sIs"°G'rc Mn<a•m• Revised 11.09,2020 3 1 P a g e LOCATION MAP —T__ 26 �. 28I1, 1,t7IN" 1 UI/2I 12111H9 . �.fl,�,{• �.. / // w `Resta wsCC T w a7 z o _ DAM NECK RD 3640 Dam Neck Road, Building 1,Space 9 Virginia Beach,VA 960 sq.ft. Retail Space i0 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the City Manager to Execute a Lease for Up to 4 Years with S&H Produce, Inc. for City-Owned Property Known as Building 3, Space 13 in the Virginia Beach Farmers Market PUBLIC HEARING DATE: May 21, 2024 MEETING DATE: June 4, 2024 ■ Background: The City of Virginia Beach (the "City") issued a Request for Proposals for Space 13 in Building 3 at the Virginia Beach Farmers Market, which consists of approximately 960 sq. ft. of space (the "Premises") and received one submittal from S&H Produce, Inc., a Virginia corporation ("S&H Produce"). S&H Produce has been leasing the Premises since 2005 and desires to enter into a new lease with the City (the "Lease"). The Premises will be utilized for the sale of local fresh vegetables and fruits, raw local honey, Virginia peanuts, fresh eggs, and related items, and for no other purpose. ■ Considerations: The term of the Lease is three years, with one (1) additional one-year renewal option, exercisable by mutual agreement of the parties. The City has the right to terminate the Lease with 180 days' notice if needed for a public purpose. For more specific terms, see Summary of Terms attached to the Ordinance. Typically leases at the Farmers Market run for terms of up to 5 years, including renewals, but S&H Produce, Inc. did not return the required documentation for almost a year. Consequently, one year was removed so that the lease stays on the same schedule as other leases at the Farmers Market that were awarded through the same request for proposals process. ■ Public Information: A public hearing was advertised on May 12, 2024, in The Virginian-Pilot. Public notice provided via the normal City Council agenda process. ■ Alternatives: Approve Lease as presented, change terms of the Lease or deny leasing of the space. ■ Recommendation: Approval ■ Attachments: Ordinance, Summary of Terms, Location Map, Disclosure Statement Recommended Action: Approval Submitting Department/Agency: Public Works/ Real Estate City Manager: 1 AN ORDINANCE AUTHORIZING THE CITY MANAGER 2 TO EXECUTE A LEASE FOR UP TO 4 YEARS WITH 3 S&H PRODUCE, INC. FOR CITY-OWNED PROPERTY 4 KNOWN AS BUILDING 3, SPACE 13 IN THE VIRGINIA 5 BEACH FARMERS MARKET 6 7 WHEREAS, the City of Virginia Beach (the "City") is the owner of the Virginia 8 Beach Farmers Market located at 3640 Dam Neck Road in Virginia Beach, Virginia (the 9 "Farmers Market'); 10 11 WHEREAS, the City issued a Request for Proposals for Space 13 in Building 3 at 12 the Farmers Market, which consists of approximately 960 sq. ft. of space (the 13 "Premises") and received one submittal from S&H Produce, Inc., a Virginia corporation 14 ("S&H Produce"); 15 16 WHEREAS, S&H Produce has leased the Premises since 2005 and desires to 17 enter into a new lease with the City; 18 19 WHEREAS, the Premises will be utilized for the sale of local fresh vegetables 20 and fruits, raw local honey, Virginia peanuts, fresh eggs, and related items, and for no 21 other purpose; and 22 23 WHEREAS, S&H Produce has agreed to pay the City rent in the amount of 24 $10,086.30 annually ($840.53 per month) for the first year of the term, with a five 25 percent (5%) annual rent escalation for each year thereafter. 26 27 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 28 OF VIRGINIA BEACH, VIRGINIA: 29 30 That the City Manager is hereby authorized to execute a lease for up to 4 years 31 between S&H Produce, Inc. and the City for the Premises, in accordance with the 32 Summary of Terms, attached hereto as Exhibit A and made a part hereof, and such 33 other terms, conditions or modifications as may be acceptable to the City Manager and 34 in a form deemed satisfactory by the City Attorney. 35 36 Adopted by the Council of the City of Virginia Beach, Virginia on the day of 37 -------- ---- , 2024. APPROVED AS TO LEGAL APPROVED AS TO CONTENT SUFFICIENCY AND FORM r City Attorney ub is Works / Real Estate CA15827 \\vbgov.com\dfs1\applications\citylaw\cycom32\wpdocs\d029\p047\00962510.doc R-1 May 7, 2024 EXHIBIT A SUMMARY OF TERMS LEASE FOR SPACE AT THE VIRGINIA BEACH FARMERS MARKET LESSOR: City of Virginia Beach (the "City") LESSEE: S&H Produce, Inc., a Virginia corporation PREMISES: Building 3, Space 13, consisting of 960+/- square feet TERM: July 1, 2024 through June 30, 2027, with one (1) additional one-year renewal option. RENT: Initial rent of$10,086.30 annually ($840.53 per month)for the first year of the Term, with five percent (5%) annual escalation for each year thereafter RIGHTS AND RESPONSIBILITIES OF LESSEE: • Use Premises for the sale of local fresh vegetables and fruits, raw local honey, Virginia peanuts, fresh eggs, and related items, and for no other purpose. • Maintain in good condition and repair the electrical systems serving the Premises, including existing outlets and installation of additional outlets. • Maintain the Premises in good condition and repair, clean and sanitary, free of dirt, dust, grime, grease, trash, refuse and vermin. • Payment of all assessed fees and taxes. • Purchase and maintain commercial general liability insurance. RIGHTS AND RESPONSIBILITIES OF CITY: • Maintain and repair air conditioning, ventilation and heating systems, plumbing and other building systems that service the Premises, except electrical system. • Maintain common areas of the Farmers Market and maintain and/or replace the structural elements of the Premises, including exterior walls, roofs, floors and foundation. TERMINATION: • City has special right to terminate if necessary for a public purpose by giving one hundred eighty (180) days' advanced written notice to the Lessee, upon action by City Council. The Lessee has the right to terminate of any reason by giving sixty (60) days' advanced written notice to the City. LOCATION MAP R / 27 7:1 24 xi DD / R i Ae / z I M 1D H 17 1t s. >•1 1?1 ti i i- 7 i i 4 j � 11 e� 1 � - S 1 3 3 i 7 i 1 R i 10 11 13 13 14 15 If ti ,w'� q7► aLLJ _, 8 4► ' { Z ST w a fo C: � ei- / l � - TT�o -- DAM NECK RD 3640 Dam Neck Road, Bldg. 3 Space 13 Virginia Beach,VA 960 sq.ft.Retail Space Disclosure Statement I'iilif�ilig ('omi mij;v 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 ,5 h-1 /7- Does the applicant have a representative?.21es ❑No • If yes,list the name of the representative. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? es ❑No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) '"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or Indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. '"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,01)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 11Page Disclosure Statement MF j ing U lujk i)Cti'Liu',t,1c;,,f. Known Interest by public Official or Employee Does an official or employee Of the aty of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑ Yes P' o • 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 ection with the subject of the application or any business operating or to be operated on the property? ❑Yes PONO • If yes,Identify the financial institutions providing the service. 2. Does the applicant have a real estate broker/agent/reahor for current and anticipated future sales of the subject property? ❑Yes • 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. A/ 4. Does the applicant have services from an architect/landscape architect/land planner provided i connection with the subject of the application or any business operating or to be operated on the property?❑ Yes ;_i No • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?❑ Yes • If yes,identify the purchaser and purchaser's service providers. Revised 11.09.2020 2 1 P a g e Disclosers Statement 6. Does the applicant have a construction co:7No 'n connection with the subject of the application or any business operating or to be operated on the property?❑Yes • If yes,identify the company and individual providing the service. 7. Does the applicant have an engineer/surveyor/agent in tonne with the subject of the application or any business operating or to be operated on the property?❑Yes � ryv • If yes,Identify the firm and individual providing the service. 8. Is the applicant receiving legal services in con ctlon with the subject of the application or any business operating or to be operated on the property?❑Yes IJ21"V • If yes,identify the firm and individual providing the service. Applicarrt Si nature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the Information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Applicam signature _ Prim Name and Me—V-7 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. p Nocbanme•of ]—Do" 1 rMneMan.— -- L Revised 11.09,2020 3 Page CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Donate the Remaining "No Cursing" Signs to the Virginia Beach Police Foundation MEETING DATE: June 4, 2024 ■ Background: The Virginia Beach Police Foundation is a volunteer, non-profit, private organization that supports various initiatives including the Law Enforcement Memorial, which is located at the end of 35th Street at the Oceanfront. The Foundation has asked the City to donate the remaining "No Cursing" signs to the Foundation. The Foundation intends to use the signs as part of its fundraising efforts. The signs were erected in the early 2000s to support the Resort Area as a family- friendly environment. At the request of the Resort Advisory Commission, the signs were removed to declutter the visual atmosphere at the Resort. The City does not have a current use for the signs. ■ Considerations: The attached ordinance donates the remaining "No Cursing" signs to the Foundation. The signs are to be donated in "as is, where is" condition. ■ Public Information: Normal Council Agenda process. ■ Attachments: Ordinance; Disclosure Requested by Mayor Dyer and Vice Mayor Wilson REQUESTED BY MAYOR DYER AND VICE MAYOR WILSON 1 AN ORDINANCE TO DONATE REMAINING "NO CURSING" 2 SIGNS TO THE VIRGINIA BEACH POLICE FOUNDATION 3 4 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 5 VIRGINIA: 6 7 That the City Council hereby authorizes the donation of all remaining "No Cursing" 8 signs to the Virginia Beach Police Foundation. The signs are to be donated in "as is, 9 where is" condition. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2024. APP VED AS TO LEGAL SUFFICIENCY: --City Attorney's Office CA16511 R-1 May 17, 2024 DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications wherein such applicant may utilize certain service providers or financial institutions, and the City seeks to know of the existence of such relationships in advance of any vote upon such application. SECTION 1 / APPLICANT DISCLOSURE Organization name: �/T 611JI—ed 0 jv1 ev. ��1i1MIC11✓ 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: S NO L � SERVICE PROVIDER(use additional sheets rr E]�--�/� Accounting and/or preparer of your l�l !/r 17AI ❑ tax return Financial Services(include ❑ lendingibanking institutions and /�J�'✓''1c —����ff current mortgage holders as applicable) Legal Services ❑ Broker/Contractor/Engineer/Other Service Providers ✓ Cf' 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. , Ll6AN �.sIGNATURE PRINT NAME DATE r' 4, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution to Direct the City Manager to Undertake a Request for Proposals Process to Procure a Study Providing a SWOT Analysis Focusing on the Pros and Cons of Collective Bargaining MEETING DATE: June 4, 2024 ■ Background: In 2020, the General Assembly amended Virginia Code § 40.1- 57.2, which had prohibited collective bargaining by employee of localities, to allow collective bargaining within specified parameters. In February 2024, the IAFF Local 2924, representing Fire Department and Emergency Medical Services Department employees, presented a request that the City Council vote to allow collective bargaining. The City Council was required to vote on this request within 120 days, and the City Council had such a vote on April 30, 2024. The Mayor discussed the possibility of a referendum on the issue of collective bargaining, but he expressed doubts that a full exposition of the relevant considerations could be completed prior to the November 2024 election. The Mayor suggested that it would be preferable to have a referendum the following year. The Mayor expressed support for a Request for Proposals (RFP) process to obtain a study to provide an analysis of the pros and cons of collective bargaining, and he requested the attached resolution. ■ Considerations: The resolution would direct the City Manager to undertake an RFP process to obtain a consultant to provide an independent SWOT analysis(Strengths, Weaknesses, Opportunities, and Threats) focused on the pros and cons of collective bargaining. This study would include examining the experiences of other cities that are similar to Virginia Beach to assist the City Council and the public in understanding the myriad of issues related to collective bargaining. ■ Public Information: Public information will be provided through the normal Council agenda process. ■ Attachment: Resolution REQUESTED BY MAYOR DYER REQUESTED BY MAYOR DYER 1 A RESOLUTION TO DIRECT THE CITY MANAGER TO 2 UNDERTAKE A REQUEST FOR PROPOSALS PROCESS 3 TO PROCURE A STUDY PROVIDING A SWOT ANALYSIS 4 FOCUSING ON THE PROS AND CONS OF COLLECTIVE 5 BARGAINING 6 7 WHEREAS, the Mayor has proposed the initiation of a Request for Proposals 8 process to obtain a study to provide an independent SWOT analysis (Strengths, 9 Weaknesses, Opportunities, and Threats) focused on the pros and cons of collective 10 bargaining; 11 12 WHEREAS, the proposed study would include examining the experiences of other 13 cities that are similar to Virginia Beach to assist the City Council and the public in 14 understanding the myriad of issues related to collective bargaining; 15 16 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 17 OF VIRGINIA BEACH, VIRGINIA, THAT: 18 19 The City Manager is hereby directed to undertake a Request for Proposals process 20 to procure a study providing a SWOT analysis focused on the pros and cons of collective 21 bargaining. The City Manager is authorized to use existing funds, such as the Reserve 22 for Contingencies or anticipated vacancy savings, to fund the proposed study. Adopted by the City Council of the City of Virginia Beach, Virginia, this day of 2024. APPROVED AS TO LEGAL SUFFICIENCY: Zivy torney's Office CA16509 R-2 May 22, 2024 �O h� f` CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Regarding the Membership of the Transition Area/Interfacility Traffic Area Citizen's Advisory Committee MEETING DATE: June 4, 2024 ■ Background: The City Council established the Transition Area/Interfacility Traffic Area Citizen's Advisory Committee in 2013 to serve as a liaison between the residents and businesses of the Transition Area and ITA and the City Council. In December 2022, the City Council adopted the recommendations of the Citizens Committee on Boards and Commissions, including a recommendation encouraging the City Council's appointive agencies to create opportunities for student involvement. ■ Considerations: This resolution provides that the membership of the Committee shall include two rising juniors or seniors as non-voting members, with each appointed to a one-year term on a fiscal-year basis. The non-voting student members shall not be counted when determining quorums. ■ Public Information: Normal Council agenda process. ■ Attachments: Resolution Requested by the Councilmembers Henley, Remick, Rouse and Schulman REQUESTED BY COUNCILMEMBERS HENLEY, REMICK, ROUSE, AND SCHULMAN 1 A RESOLUTION REGARDING THE MEMBERSHIP OF 2 THE TRANSITION AREA/INTERFACILITY TRAFFIC AREA 3 CITIZENS' ADVISORY COMMITTEE 4 5 WHEREAS, in 2013, the City Council established the Transition Area/Interfacility 6 Traffic Area Citizens' Advisory Committee ("TA/ITA CAC") to serve as a liaison between 7 the residents and businesses of the Transition Area and ITA and the City Council; 8 9 WHEREAS, in December 2022, the City Council adopted the recommendations 10 of the Citizens Committee on Boards and Commissions, including a recommendation 11 encouraging the City Council's appointive agencies to create opportunities for student 12 involvement; and 13 14 WHEREAS, the TA/ITA CAC recently voted to request that the City Council add 15 two non-voting student members to the committee's membership; 16 17 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 18 VIRIGNIA BEACH, VIRGINIA: 19 20 That two non-voting student members are hereby added to the membership of 21 the Transition Area/Interfacility Traffic Area Citizens' Advisory Committee. The student 22 members may be rising juniors or seniors who will be appointed to one-year terms on a 23 fiscal year basis, and the non-voting student members shall not be counted when 24 determining quorums. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 12024. APPROVED AS TO LEGAL SUFFICIENCY: Deputy City Attorney Roderick Ingram CA16528 R-1 May 24, 2024 p y' .�T i =s� *tr :•> CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution to Direct the City Manager to Find Sources of Funding for the Expansion of the Parks After Dark Program to Serve the Level Green Neighborhood MEETING DATE: June 4, 2024 ■ Background: In February 7, 2023, the City Council adopted an ordinance to provide a pilot of a Parks After Dark Program with an initial location of Williams Farm Park. Parks After Dark is modeled after a program offered by the Los Angeles Recreation and Parks Department called "Summer Night Lights." This initiative was also in response to the Mayor's Youth Violence Prevention Task Force. The intended goals of the pilot included strengthening community ties and serving as a diversion from criminal activities for youth, and the pilot required the coordination of the Police Department, Parks and Recreation, and Virginia Beach City Public Schools. The FY2025 Reconciliation Letter included an item to expand the Parks After Dark Program to include the Green Run area of the City with implementation in the summer of 2025. Councilmember Wooten has recommended a third location to serve the Level Green Neighborhood with a suggested location of Providence Park until such time as the construction at Level Green Park is completed. ■ Considerations: The attached resolution would direct the City Manager to find sources of funding for the expansion of the Parks After Dark Program to serve the Level Green Neighborhood. The City Manager is to provide a recommendation within 14 days of adoption of the resolution and provide time at a subsequent meeting for the City Council to discuss the recommendation. ■ Public Information: Public information will be provided through the normal Council agenda process. ■ Attachments: Resolution REQUESTED BY COUNCILMEMBERS HUTCHESON, REMICK, ROUSE, AND WOOTEN REQUESTED BY COUNCILMEMBERS HUTCHESON, REMICK, ROUSE, AND WOOTEN 1 A RESOLUTION TO DIRECT THE CITY MANAGER TO 2 FIND SOURCES OF FUNDING FOR THE EXPANSION OF 3 THE PARKS AFTER DARK PROGRAM TO SERVE THE 4 LEVEL GREEN NEIGHBORHOOD 5 6 WHEREAS, the City initiated a Parks After Dark Pilot by ordinance adopted 7 February 7, 2023, with an initial location at Williams Farm Park; 8 9 WHEREAS, the FY2025 Reconciliation Letter included an item to expand the 10 Parks After Dark Program to include the Green Run area of the City with implementation 11 in the summer of 2025; 12 13 WHEREAS, Councilmember Wooten has recommended a third location to serve 14 the Level Green Neighborhood with a suggested location of Providence Park until such 15 time as the construction at Level Green Park is completed; 16 17 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 18 OF VIRGINIA BEACH, VIRGINIA, THAT: 19 20 The City Manager is hereby directed to find sources of funding for the expansion 21 of the Parks After Dark Program to serve the Level Green Neighborhood. The City 22 Manager is to provide his funding recommendation to the City Council for its consideration 23 within two weeks of the adoption of this Resolution. The City Manager shall thereafter 24 allot time for the discussion of the funding recommendation at a subsequent Informal or 25 Workshop Session. Adopted by the City Council of the City of Virginia Beach, Virginia, this day of , 2024. APPROVED AS TO LEGAL SUFFICIENCY: "Attorh-e`y�.-�ice CA16527 R-1 May 23, 2024 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize Temporary Encroachments into two City-owned drainage and canal easements, located on 1816 Duke of York Quay MEETING DATE: June 04, 2024 ■ Background: Charles and Patricia Phillips (the "Applicants") have requested permission to maintain an existing concrete driveway and to construct and maintain a vinyl bulkhead with returns, and to remove and replace an existing wood dock, (collectively, the "Temporary Encroachment") into a City-owned 80' and 20' drainage and canal easement, located at the rear of 1816 Duke of York Quay (GPIN: 1499-84-4591). ■ Considerations: City staff reviewed the Temporary Encroachment and have recommended approval of same, subject to certain conditions outlined in the Agreement. A previous encroachment for the existing wood dock and wood bulkhead was approved by Council on October 20, 1980, and recorded in the aforesaid Clerk's Office in Deed Book 2064 at page 645. There are similar encroachments into the City-owned property, which is where the Applicant has 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 City Manager:ev 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS INTO 5 TWO CITY-OWNED DRAINAGE AND 6 CANAL EASEMENTS, LOCATED ON 7 1816 DUKE OF YORK QUAY 8 9 WHEREAS, Charles T. Phillips and Patricia A. Phillips, (the "Applicants") have 10 requested permission to maintain an existing concrete driveway with a maximum 11 encroachment of 55.0', and to construct and maintain 106 LF of vinyl bulkhead with 2' 12 returns, and to remove and replace an existing 13' X 6' wood dock, (collectively, the 13 "Temporary Encroachment") into a City-owned 80'and a 20'drainage and canal easement, 14 located on 1816 Duke of York Quay (GPIN: 1499-84-4591); and 15 16 WHEREAS, a previous encroachment for the existing bulkhead and wood 17 dock was approved by Council on October 20, 1980 and recorded in the aforesaid Clerk's 18 Office in Deed Book 2064 at page 645. 19 20 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 21 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 22 the City-owned easements subject to such terms and conditions as Council may prescribe. 23 24 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 25 VIRGINIA BEACH, VIRGINIA: 26 27 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 28 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Charles T. Phillips and Patricia 29 A. Phillips, their heirs, assigns and successors in title are authorized to construct and 30 maintain the Temporary Encroachment within the City-owned easements as shown on the 31 map entitled: "EXHIBIT "A" ENCROACHMENT REQUEST FOR A PROPOSED VINYL 32 BULKHEAD AND EXISTING CONCRETE DRIVEWAY FOR CHARLIE PHILLIPS 1816 33 DUKE OF YORK QUAY 0.48 AC, LOT 78 CHELSEA M.B. 96, P. 5," Scale: 1" = 30', dated 34 January 15, 2024, prepared by Langley and McDonald, Inc, a copy of which is attached 35 hereto as Exhibit"A"and on file in the Department of Public Works and to which reference 36 is made for a more particular description; 37 38 BE IT FURTHER ORDAINED,that the Temporary Encroachment is expressly 39 subject to those terms, conditions and criteria contained in the agreement between the City 40 of Virginia Beach, and Charles T. Phillips and Patricia A. Phillips (the "Agreement"), an 41 unexecuted copy of which has been presented to the Council in its agenda and will be 42 recorded among the records of the Clerk's Office of the Circuit Court of the City of Virginia 43 Beach. 44 45 BE IT FURTHER ORDAINED, that the City Manager or his authorized 46 designee is hereby authorized to execute the Agreement; and 47 48 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 49 such time as Charles T. Phillips and Patricia A. Phillips and the City Manager or his 50 authorized designee execute the Agreement. 51 52 Adopted by the Council of the City of Virginia Beach, Virginia, on the 53 day of , 2024. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: B IC WOR S / R AL ESTATE R. HARM EYER SENIOR CITY ATTORNEY CA16268 R-2 Prepared: 02/08/2024 \\vbgov.com\dfs1\a pplications\citylaw\cycom321wpdocs\d031\p027\00942415.doc APPROXIMATE LOCATION OF- F N W fi N� MEAGA ,,ADJOINING BULKHEAD THRIFT 11 & �- I HENRYS -TVARIFT QUAY °4 SHEILA CLIF ORD GUNTER 1823 DUKE OF 425220000 EX.13'X6'WOOD GPIN: 149981001138420 REVOCABLE TRUST DOCK(REMOVE T: 2012100 1819 DUKE OF NORFOLK QUAY AND REINSTALL INS LOT 9 p. 5 — GPIN: 14998424640000 AS NECESSARY) M,B 96. INST: 20171211001054740 106LF \ LOT 91 N 15-19,� 2 MAX PROPOSED M.B. 96. P. 5 OF VINYL BULKHEAD 9D WITH 2' R = EX. 80' 12' g\3 ND EX. DRAINAGE AND 1.6' _ EX. WOODREMAIN� RET. CANAL EASEMENT �W1LL (WILL REMAIN) I RETURN AND EXDB�ONDNECT M.B. 96 P. 5 RETURN AND CONNECT TO _ I EX. BLKD BEFORE 15" RCP 15" RCP INV=1.46 (NAVD88) —I \ I I N/F 96 5 i STEVEN A. & CHRISTINA _ N r P. FUHRMAN REVOCABLE TRUST D EX 20 I'- I 1820 DUKE OF YORK QUAY DRAINAGE AND I I GPIN: 14998446610000 M.B.CANA98EP .5 N7i i 1 I INST: 20191118000978350 LOT 77 I I I5ZII M.B. 96. P. 5 EX.DRIVEWAYrE I .�p,LTH OF 0 I ,1,0 ^ I W o 1 3 �W I I o TOM L I of 0 , I Ic. No.11138 0 0 v 0 1 !g I I EXISTING z>-Inorna as 5 co CV I I 2 STORY ❑ 1 I Z �s0'/I5/u 1 wW Z-j O0 m v I- co II� I BRICK & FRAME 1 rn o o�m i I PIN(F) RESIDENCE CEzY #1816 I `SIGNAL �ZN Li ECG I I� I --I N a I z 1 ,� I I 30 15 0 30 IZ i I I I i I N F I I SCALE 1 "= 30' CHARL E T. & 1 PATRICIA A. PHILLIPS I 5' DRAINAGE & UTILITY 1 zL611 1 1816 DUKE OF YORK QUAY EASEMENT M.g 96 P. 5 Wvl GPIN: 14998445910000 I 1 3 I I 6.33' D.B. 1418, P. 614 1 LOT 78 PIN(F) I o I M.B. 96, P. 5 L=52.73 - - i I 1 L,-49A , — R-400.OU — PIN(F) 1. THIS PLAN WAS PREPARED WITHOUT THE F BENEFIT OF A TITLE REPORT PIN 445.81' TO ( ) DUKE OF YORK QUAY (50' R/W) 2, THIS EXHIBIT IS INTENDED FOR AN QUEENS ELM PLACE (M.B. 96, P. 5) ENCROACHMENT REQUEST ONLY. 3. THE CITY OF VIRGINIA BEACH IS NOT EXHIBIT "A" RESPONSIBLE FOR THE VERIFICATION OF THE ENCROACHMENT REQUEST RESTRICTIONS REQUIRED BY OTHER FOR A PROPOSED VINYL BULKHEAD Langley and McDonald Inc ASSOCIA71ONS OR AGENCIES. AND EXISTING CONCRETE DRIVEWAY 4. THIS EXHIBIT IS A RESULT OF FIELD TIES TO FOR CHARLIE PHIWPS Engineers Planners Surveyors EXISTING MONUMENTS COMBINED WITH THE 1816 DUKE OF YORK QUAY 309 LYNNIIAVEN PAR1,WAY COMPILATION OF DEEDS AND PLATS SHOWN A BEACH,VIRGINIA 23452 VIRGINIA 0.48 AC. LOT 78 CHELSEA �s�-w3-a3ov �Ax��s�-av3-3sv3 HEREON AND DOES NOT CONSTITUTE A M.B. 96. P. 5 BOUNDARY SURVEY JANUARY 15, 2024 SHEET 1 OF 1 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 c-.,,day of1,4W-&A-- , 2024, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and CHARLES T. PHILLIPS and PATRICIA A. PHILLIPS, 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 "78", as shown on that certain plat entitled: "CHELSEA LYNNHAVEN BOROUGH VIRGINIA BEACH, VIRGINIA," Scale: 1" = 100', dated March 19, 1973, prepared by Baldwin and Gregg, which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 96, at page 5, and being further designated, known, and described as 1816 Duke of York Quay, Virginia Beach, Virginia 23454. WHEREAS, it is proposed by the Grantee to maintain a 55.0' concrete driveway, and to remove and replace a 13' x 6' wood dock, and to construct and maintain 106 LF of vinyl bulkhead with 2' returns, collectively, the "Temporary Encroachment", in the City of Virginia Beach; and GPIN: NO GPINS ASSIGNED (CITY-OWNED 80' AND 20' DRAINAGE AND CANAL EASEMENTS) 1499-84-4591 (1816 DUKE OF YORK QUAY) WHEREAS, a previous encroachment for the existing wood dock and wood bulkhead approved by Council on October 20, 1980 by Council and recorded in the aforesaid Clerk's Office in Deed Book 1418 at page 614; and WHEREAS; in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a City-owned 80' and 20' drainage and canal easement, 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 A PROPOSED VINYL BULKHEAD AND EXISTING CONCRETE DRIVEWAY FOR CHARLIE PHILLIPS 1816 DUKE OF YORK QUAY 0.48 AC, LOT 78 CHELSEA M.B. 96, P. 5," Scale: 1" = 30', dated January 15, 2024, prepared by Langley and McDonald, Inc., a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. 2 Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the City may enter upon the Grantee's property for ingress and egress on an as needed basis or in order to monitor Grantee's compliance with the terms of this Agreement, for routine maintenance activities upon public property adjacent to 1816 Duke of York Quay, or at any time upon an event of noncompliance with the terms of this Agreement to enforce the terms of this Agreements; 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 Grantees' use and quiet enjoyment of the Property. Any access authorized by this section shall be limited to the property with the street address of 1816 Duke of York Quay. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents, and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. 3 It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood that any existing encroachments referenced in the 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 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. 4 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, CHARLES T. PHILLIPS and PATRICIA A. PHILLIPS, husband and wife, the said Grantee, has 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 , 2024, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public My 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 , 2024, 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 My Notary Registration Number: My Commission Expires: 6 Charles T. Phillips Patricia A. Phillips STATE OF CITY/COUNTY OF °1'51,1/,g � '�C , to-wit: The foregoing instrument was acknowledged before me this day of 2024, by Charles T. Phillips and Patricia A. Phillips, owners. �! (SEAL) Notary Public cl RA W �P•• NOTARY' My Notary Registration Number: -7-79//-79 PUBLIC 3 3/ = REG#7791138 My Commission Expires: /7�'.Z ;MY COMMISSION; O; EXPIRES tr tv ' ollfE' ALT`H`0 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM P BLIC WOR S - REAL ESTATE "AWMtYEAR SENIOR CITY ATTORNEY 7 APPROXIMATE — N/F GAN _ W. ADJOININ LOCATION ME \ \ _ Sz BULKHEAD OF HENRY S• 1HR1 RIFT& `( o N I NORFOLK QUA SHEILA CLIF ORD GUNTER EX.I3'X6'WOOD 1823 0UK 14998425220000 REVOCABLE TRUST DOCK(REMOVE Gp1N 20,21p01p0113g420 1819 DUKE OF NORFOLK QUAY AND REINSTALL INST. L01 9 2 p, 5 GPIN: 14998424640000 AS NECESSARY) M.B. 96• INST: 20171211001054740 106LF � LOT 91 � PROPOSED 103•�� M.B. 96. P. 5 N 18'19'03� 2 MAx OF VINYL RETURNSD R = EX. 80' ' gULKNEAO EX. 12 DRAINAGE AND 1.6' EX. W000ly MV ) RET. wALLCANAL EASEMENT �W1LL (WILL REMAIN) I RETURN EX.D LONDNECT M.B. 96 P. 5 RETURN AND CONNECT TO _ I EX. BLKD BEFORE 15" RCP _ 15" RCP INV=1.46 (NAVD88) — —I \ I I N/F MB 96 P 5 i STEVEN A. & CHRISTINA FUHRMAN REVOCABLE TRUST D __ EX. N l^ I 1820 DUKE OF YORK QUAY DRAINAGE ANDFF- I I GPIN: 14998446610000 M.B.CANAL 96EASE P. MENT I i I I I INST: 20191118000978350 LOT 77 I I5ZII M.B. 96. P. 5 1 II I EX.DRIVEWAY I �p,I,TH OF �a so cli � Of I � $ i i 10.1' W 0 o� 13 iW l I .�� TOM L o It ff)o I I i O ic. No.11138 0 0't 0 I 0 l I EXISTING S}V.o^a 1 `� 2 STORY I I Z k_�00 Cv rn I I BRICK & FRAME z� 0)0 0°' I 4l PIN(F) RESIDENCE El I �S`SI� L' E3 °' I I I #181 s I NAL i 1 ISM I I -W-1Naf In z i �^ 1 i 30 15 0 30 IZ i I I I = i I N/F I SCALE 1"= 30' CHARLIE T. & 1 I ¢p I I 5' DRAINAGE & UTILITY c<o l PATRICIA A. PHILLIPS 'I EASEMENT I Zu') I 1816 DUKE OF YORK QUAY M. 96 P. GPIN: 14998445910000 1 5 1 3 I 6.33' D.B. 1418, P. 614 1 1 ' 1 LOT 78 PIN(F) o ' M.B. 96, P. 5 L_52.73 _ I l I L=49.43 R-400.00 l - PIN(F) 1. THIS PLAN WAS PREPARED WITHOUT THE F BENEFIT OF A TITLE REPORT PIN 445.81' TO ( ) DUKE OF YORK QUAY (50' R/W) 2, THIS EXHIBIT IS INTENDED FOR AN QUEENS ELM PLACE (M.B. 96, P. 5) ENCROACHMENT REQUEST ONLY. 3. THE CITY OF VIRGINIA BEACH IS NOT EXHIBIT "A" RESPONSIBLE FOR THE VERIFICATION OF THE ENCROACHMENT REQUEST RESTRICTIONS REQUIRED BY OTHER FOR A PROPOSED VINYL BULKHEAD Langley and McDonald,Inc ASSOCIATIONS OR AGENCIES. AND EXISTING CONCRETE DRIVEWAY 4. THIS EXHIBIT IS A RESULT OF FIELD TIES TO FOR CHARLIE PHIWPS Engineers Planners Surveyors EXISTING MONUMENTS COMBINED WITH THE 1816 DUKE OF YORK QUAY 309 LYNNHAVEN PARKWAY COMPILATION OF DEEDS AND PLATS SHOWN A BEACH,VIRGINIA 23a52 VIRGINI 0.48 AC, LOT 78 CHELSEA �s�-a�3-a3o� �As��s�-a�3-3s�3 HEREON AND DOES NOT CONSTITUTE A M.B. 96, P. 5 BOUNDARY SURVEY JANUARY 15, 2024 SHEET 1 OF 1 .. - 44 40 I Nt .� !.. rr� AW Yr 4i ! j f��1 44 w• W E a y tx,- r v � � �: 0' DRAINAGE Gt fr! C ANAL EASEMENT hx3 O . QH 20' DRAINAGE i. LOCATION MAP ENCROACHMENT REQUEST ;a FOR CHARLES T. PHILLIPS AND PATRICIA A. PHILLIPS Legend GPIN: 1499-84-4591 1499-84-4591 Feet City Property 0 50 100 200 Prepared by P.W./Enq./Enq. Support Services Bureau 12/04/2023 \ X:\CADD\Projects\ARC Files\AGENDA MAPS\1499-84-4591\1499-84-4591 Aerail.mxc N W E SITE cam 0 It ♦ i �� • • 80' DRAINAGE ♦ ♦ AND ,� ♦ ♦ CANAL-EASEMENT o • • SHgM C4 p ♦ ♦ o O-c� SF�� Selo t ♦� so 20' DRAINAGE % .t ♦ EASEMENT LOCATION MAP ENCROACHMENT REQUEST J FOR Legend CHARLES T. PHILLIPS AND PATRICIA A. PHILLIPS GPIN: 1499-84-4591 1499-84-4591 Feet City Property n� 0 50 100 200 Prepared by P.W./Enq./Enq.Support Services Bureau 12/04/2023 XACADD\Projects\ARC Files\AGENDA MAPS\1499-84-4591\1499-84-4591.mxc Disclosure Statement Oty of virgin n sears Planning &Commun x. Develop men 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 Charles T. Phillips ��,t/3, -tA4 A , !`r�I 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) • 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 SO 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 1 P a g e 6 Disclosure Statement City of V&yiniu Burch 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 �. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ■ No • If yes,identify the financial institutions providing the service. 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑ Yes ■ No • If yes,identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ® NO • If yes,identify the firm and individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ® No • If yes,identify the firm and individual providing the service. 5. is there any other pending or proposed purchaser of the subject property? ❑ Yes ® NO • If yes,identify the purchaser and purchaser's service providers. Revised 11.09.2020 2 Disclosure Statement Cityafv s Planning &Coxnmun'ilyy Developmen 5. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes 0 NO • If yes,identify the company and individual providing the service. 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. Langley&McDonald;Mr.Tom Langley 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. Appii gnature / Print Name and Title Charles T. Phillips,Applicant 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 meetingi that pertains to the applications No changes as of Date signature Print Name Revised 11.09.2020 3 1 P a g e ,NU CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate $297,282 from the Fund Balance of the Sheriff's Department Special Revenue Fund and to Transfer up to $380,000 in Vacancy Savings within the General Fund to Pay Increased Food and Medical Costs MEETING DATE: June 4, 2024 ■ Background: Beginning in FY 2021-22, the Sheriff's Office agreed to alterations to the contract with its food vendor, which created a cost increase in the contract of 6%. In FY 2022-23, the CPI increase of 8.5% began to challenge the Sheriff's Office available funds and exceeded the amended budget by over $100,000. The Sheriff and the food vendor agreed in FY 2023-24 to a 20% market adjustment change to adjust for market wages and improved service offerings and increased the weekly invoices by at least $5,000. Over the course of the fiscal year, this has caused costs to exceed the budget by $250,000. The total budget for food in FY 2023-24 is $1,400,000, and it is estimated the department will spend $1,550,000. This contract runs through December 2024, and a new procurement process will reset the cost for this requirement in FY 2024-25. Traditional medical care for inmates is the single largest expense in the Sheriff's Office Operating Budget. During FY2023-24, the Sheriff's Office finalized an RFP and started a new contract with a new medical vendor. While the new contract has had far less fluctuations, it is anticipated that the contract will exceed the previously approved budget by $130,000. The cost for this type of contract is not reliably consistent due to the uncertainty of the health of the inmate population at any point in the year, as well as an influx of new inmates with additional health problems. ■ Considerations: The Virginia Code requires localities to fund medical and food costs of the jail population. Therefore, this action is necessary to fully fund the obligation. Because the total cost of inmate medical care is not certain, this action authorizes an amount up to $380,000 to be transferred from the General Fund to the Sheriff's Special Revenue Fund. The FY 2024-25 budget includes additional funds beyond the FY 2023-24 budget for both the medical and food contracts in anticipation of these cost increases. ■ Recommendation: Adopt the attached ordinance. ■ Public Information: Normal Council Agenda process. ■ Attachments: Ordinance Recommended Action: Approval Submitting Dep rtment/Agency: Virginia Beach Sheriff's Office City Ma 1 AN ORDINANCE TO APPROPRIATE $297,282 FROM 2 THE FUND BALANCE OF THE SHERIFF'S 3 DEPARTMENT SPECIAL REVENUE FUND AND TO 4 TRANSFER UP TO $380,000 IN VACANCY SAVINGS 5 WITHIN THE GENERAL FUND TO PAY INCREASED 6 FOOD AND MEDICAL COSTS 7 8 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 9 VIRGINIA, THAT: 10 11 1) $297,282 is hereby appropriated, with revenue increased accordingly, from the 12 fund balance of the Sheriff's Office Special Revenue Fund for medical costs that 13 were incurred in FY 2022-23 but had to be paid during FY 2023-24; and 14 15 2) Up to $380,000 in additional funding is hereby transferred from vacancy savings 16 in the General Fund to the FY 2023-24 Operating Budget of Sheriff's Office for 17 increased food and medical costs. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2024. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: YiA- Budget and Management Services Cit orney's Office CA16525 R-1 May 21, 2024 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate $111 ,250 for Regional Mobile Crisis Response Programs MEETING DATE: June 4, 2024 ■ Background: The Virginia Department of Behavioral Health and Developmental Services provides ongoing and one-time annual regional funds to support the Virginia Beach Department of Human Services (DHS) adult and youth regional mobile crisis response programs. As a regional program, the DHS response programs support the Virginia Beach, Norfolk, and Eastern Shore communities. ■ Considerations: The Commonwealth has provided supplemental funding of $111 ,250 per year for three years. This funding is intended to support recruitment and retention initiatives for the response programs. Such initiatives may include bonuses and professional development for staff. The funding can also be used to support safety and equipment needs within the response programs. Due to the timing of this award, a portion of this $111,250 may need to be carried forward into FY 25 to ensure the funds are spent as designated by the Commonwealth. ■ Public Information: Normal Council Agenda process. ■ Recommendation: Adopt the attached ordinance. ■ Attachment: Ordinance Recommended Action: Approval Submitting Department/Agency: Department of Human Services City Managevq� 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 $111,250 FOR REGIONAL MOBILE CRISIS RESPONSE 3 PROGRAMS 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA THAT: 7 8 $111,250 is hereby accepted from the Virginia Department of Behavioral Health 9 and Developmental Services via the Regional Fiscal Agent, Western Tidewater 10 Community Services Board, and appropriated, with revenue from the Commonwealth 11 increased accordingly, to the FY 2023-24 Department of Human Services Operating 12 Budget for Regional Mobile Crisis Response Programs. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2024. Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: B dget and Management Services C46rney's Office CA16520 R-1 May 20, 2024 HNC s ! yL s; , L• r J CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate Fund Balance of the Commonwealth's Attorney Forfeited Assets Special Revenue Fund for Information Technology MEETING DATE: June 4, 2024 ■ Background: The Commonwealth's Attorney's Office wants to obtain a digital case file system for the prosecution of criminal cases that is compatible with the evidence system used by the Police Department. This information technology initiative has four phases. The first phase includes records digitization and integration with the digital case management system (Axon/Evidence.com). ■ Considerations: This project is being procured using a cooperative agreement between the City and DOMA Technologies. If approved, this funding will allow the Commonwealth's Attorney's Office to complete the first phase of this project. Funding for future phases will be requested in subsequent fiscal years. ■ Public Information: Normal Council Agenda process. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Office of the Commonwealth's Attorney City Manager: ltv 1 AN ORDINANCE TO APPROPRIATE FUND BALANCE OF 2 THE COMMONWEALTH'S ATTORNEY FORFEITED 3 ASSETS SPECIAL REVENUE FUND FOR INFORMATION 4 TECHNOLOGY 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA: 8 9 $184,654 is hereby appropriated from the fund balance of the Commonwealth's 10 Attorney Forfeited Assets Special Revenue to the FY 2023-24 Operating Budget of the 11 Commonwealth's Attorney to allow execution of a records digitization contract. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2024. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: �f Budget and Management Services City torney s Office CA16521 R-1 May 20, 2024 L. PLANNING 1. MILITARY AVIATION MUSEUM/VIRGINIA BEACH AIRPORT,LLC for a Modification of Conditions to a Conditional Use Permit re expand operating hours and add more defining criteria for special events at 1341 Princess Anne Road DISTRICT 2 RECOMMENDATION: APPROVAL 2. CITY OF VIRGINIA BEACH/MICHELS FAMILY, LLC for a Modification of Conditions (Amend Deed of Conditions & Restrictions)re operation of the Office of Voter Registrar and Central Absentee Precinct at 500 Studio Drive& 599 Studio Drive, Suites 2A&2B DISTRICT 3 RECOMMENDATION: APPROVAL 3. MILESTONE MANOR,LLC/CALVARY ASSEMBLY OF GOD for a Conditional Use Permit re day-care center in religious use at 4925 Providence Road DISTRICT 1 RECOMMENDATION: APPROVAL 4. MICHELE CLELAND for a Conditional Use Permit re wildlife rehabilitation center at 2285 London Bridge Road DISTRICT 5 RECOMMENDATION: APPROVAL 5. SAMANTHA CARROW for a Conditional Use Permit re short-term rental at 905 Pacific Avenue,Unit C DISTRICT 5 RECOMMENDATION: APPROVAL 6. SUSANNE M. COLLIGON for a Conditional Use Permit re short-term rental at 304 28'h Street,Unit 208 DISTRICT 6 RECOMMENDATION: APPROVAL 7. Ordinance to AMEND Section 103 of the City Zoning Ordinance(CZO)re granting of modifications by the Zoning Administrator 8. Ordinance to AMEND Section 1906 of the City Zoning Ordinance (CZO) re the composition of the Old Beach Design Review Committee aa� 6s��esJ��fF NOTICE OF PUBLIC HEARING A Public Hearing of the Virginia Beach City Council will be held on Tuesday,June 4,2024 at 6,00 p.m.In the Council Chamber at City Hall,Building 1,2-Floor at 2401 Courthouse Drive, Virginia Beach,VA 23456.Members of the public will be able to observe the City Council meeting through livestreaming on https://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 with the City Clerk's Office by calling 757-385- 4303 prior to 5:00 p.m.on June 4,2024. 2. Download WebEx and view the meeting at: https://vbF-ov.webex.com/weblink/revister/rcf7fb8966 92d38ab151a339d7Odc858e The following requests are scheduled to be heard: Military Aviation Museum(Applicant)Virginia Beach Airport,LLC (Property Owner) Modification of Conditions Address: 1341 Princess Anne Road GPIN:2401762176 City Council:District 2 City of Virginia Beach(Applicant)Michels Family,LLC(Property Owner)Modification of Conditions Addresses:500 Studio Drive &599 Studio Drive,Suites 2A&2B GPINs:14767884450001, 14767884450002,14767884450003 City Council:District 3 Milestone Manor, LLC (Applicant) Calvary Assembly of God (Property Owner) Conditional Use Permit (Daycare Center) Address: 4925 Providence Road GPIN: 1466928004 City Council:District 1 Michele Cleland(Applicant&Property Owner)Conditional Use Permit(Wildlife Rehabilitation Center)Address:2285 London Bridge Road GPIN:2405606502 City Council:District 5 Samantha Carrow(Applicant&Property Owner)Conditional Use Permit(Short Term Rental)Address:905 Pacific Avenue,Unit C GPIN:24272444110990 City Council:District 5 Susanne M.Colligon(Applicant&Property Owner)Conditional Use Permit(Short Term Rental)Address:304 28th Street GPIN: 24280028662008 City Council:District 6 An Ordinance to amend Section 103 of the City Zoning Ordinance pertaining to the granting of modifications by the Zoning Administrator.Proposed fee: $200;Authority:Virginia Code Section 15.2-2286; Documentation found at Planning Department-2875 Sabre Street,Suite 500(757)385-4621. An Ordinance to amend Section 1906 of the City Zoning Ordinance pertaining to the composition of the Old Beach Design Review Committee. 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 httpsV/virginiabeach.gov/pc.For information call 757-385-4621. 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,https://virginiabeach.gov 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-MAY 21,2024&MAY 28,2024-J.TIME EACH AG2 �arV'iiszR;oad AG 1 0 AG2 _ J oCi flo o '�3 �ArG 2 �A.G1 /tin °a �o �,• AG2 � � Q AG 1 on © ' v N ® Site W E Property Polygons Military Aviation Museum s Zoning 1341 Princess Anne Road Building Feet 0 11 T30 460 690 920 1,150 1,380 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: MILITARY AVIATION MUSEUM [Applicant] VIRGINIA BEACH AIRPORT, LLC [Property Owner] Modification of Conditions to a Conditional Use Permit for the property located at 1341 Princess Anne Road (GPIN 2401762176). COUNCIL DISTRICT 2 MEETING DATE: June 4, 2024 ■ Background: In 2007, City Council approved a Conditional Use Permit for a museum with subsequent approvals modifying the Conditional Use Permit in 2008 and 2011. The current request is to modify the conditions associated with the 2011 Modification of Conditions. More specifically, the applicant is seeking to modify the permit on the property to expand the operating hours of the museum and add more defining criteria for special events held on the property that were not clearly defined with previous approvals. The current operating hours of the museum are 9:00 a.m. to 5:00 p.m., seven days a week, except for summer months which allows the museum to cease operation at dusk. The applicant is requesting to change the operating hours to allow the museum to operate from 9:00 a.m. to 9:00 p.m., seven days a week, and no later than 10:00 p.m. for any special events permitted by the City's Special Events Office. In addition, the applicant is requesting to have no more than 8 special events on the property per calendar year that are of an outdoor nature, having outdoor amplified sound, and which exceed 500 persons in attendance. Events that are customarily incidental to the museum use, such as indoor weddings, or other charitable and social events that do not meet the criteria mentioned above shall not be considered a special event. ■ Considerations: The Military Aviation Museum has been operating on the site for over 15 years and has been a valued community asset for both the city and the Hampton Roads area. Staff believes and the Planning Commission concurred that the request is in keeping with the policies of the Comprehensive Plan, as there will be no major alterations to the site layout and all outdoor events will cease operation by 10:00 p.m. The Musem's request to host up to 8 outdoor events with outdoor amplified sound and with no more than 500 persons in attendance is reasonable and will positively contribute to the museum's operation while also being mindful of the surrounding residents. The 8 special events will be permitted through the City's Special Events Office and thus will be reviewed individually to ensure adequate Military Aviation Museum Page 2 of 3 steps are taken to minimize impacts to nearby property owners and residents. The applicant met with the Agricultural Advisory Commission in January and April of this year to discuss the details of the request and no objections were raised. 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 May 8, 2024, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 11-0. 1. All previous conditions attached to the previous Modification of Conditions granted on 06/28/2011 shall be voided and replaced with the following conditions below. However, Conditions 7 through 16 remain unchanged from the 2011 Modification of Conditions. 2. The Aviation Museum may operate between the hours of 9:00 a.m. to 9:00 p.m., seven (7) days a week, and no later than 10:00 p.m. for any Special Events permitted by the City's Special Events Office. 3. The Aviation Museum is permitted to have no more than eight (8) special events per calendar year, not including those that are customarily incidental to the museum use, that are of an outdoor nature, have outdoor amplified sound, and which exceed 500 persons in attendance. 4. Subdivision of any of the Museum's property that has been identified as within the Modification of Conditions (MDC) shall require a modification of the MDC to remove such property from the purview of the MDC. 5. Museum employees and Training Services, Inc. employees who maintain vintage aircraft displayed at the Museum shall number no more than thirty (30) persons on duty at any given time. There shall be no limit on the number of volunteers. 6. There shall be no outdoor amplified sound or music audible at the property line associated with the museum or special events. 7. Health Department review and approval for a Sewage Disposal System Construction Permit or any other permit as deemed necessary by the Health Department shall be obtained prior to approval of the final site plan. 8. Streetscape landscaping, as described in the Landscaping Guide, City of Virginia Beach, December 2002, shall be installed along the eastern boundary line of the future parking lot expansion and shall be installed along the entire length in an effort to screen any vehicles from view of the right-of-way. 9. There shall be no direct vehicular ingress/egress from this property onto Vaughan Road unless required by Virginia Beach Emergency Services. Military Aviation Museum Page 3 of 3 10.The existing runway shall remain in a grassed condition and shall not be paved. 11.The site shall be developed substantially in accordance with the submitted "ULTIMATE SITE BUILD-OUT" by Martin Engineering and stated 03/03/2011. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. All buildings other than the initial hanger/exhibition area shown on the submitted plan shall be only used for museum related purposes. 12.A landscaped buffer shall be installed along the northern boundary of this property. A solid row of evergreens shall be planted along the southwestern corner of the property. The Director of Planning or his designee, shall review the proposed plant species and size to be installed along the boundary. No plants shall be installed until approval has been obtained from the Director of Planning or his designee. 13.Canopy trees shall be planted, staring at the north of the proposed cul-de-sac and continuing west to the west property line adjacent to the proposed Cottbus German building. Mixes of canopy trees are to be utilized consisting of large canopy trees, ranging in height from sixty (60) feet and greater at maturity and medium canopy trees, ranging in height from thirty feet (30) to sixty-five (65) feet at maturity. Planting is encouraged to be innovative in terms of spacing and arrangement to allow the widest possible variation for visual enhancement. 14.A Landscape Plan shall be submitted at the time of site plan review depicting the existing and proposed landscape buffers, streetscape landscaping, foundation planting and parking lot landscaping. 15.The Museum's use of the airport shall comply with all applicable Federal Aviation Administration regulations. 16.In connection with the Princess Anne/Gum Bridge Road intersection improvements project (CIP 2-021-020) the applicant shall reimburse the City for the cost of constructing a right turn lane into the applicant's property. ■ 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:/ V Applicant Item •. Property owner Virginia Beach Airport, Planning Commission • 1 , �rtv / Council Virginia Beach Request Modification of Conditions Staff Recommendation WEST"E"`R" Approval ' Staff Planner Marchelle Coleman �R�aRo Location d 1341 Princess Anne Road GPIN 2401762176 Site Size 80 acres AICUZ T Less than 65 dB DNL Watershed Southern Rivers Existing Land Use and Zoning District Museum,grass runway airport/AG-1 Agricultural,AG-2 Agricultural - x.• : Surrounding Land Uses and Zoning Districts , North Single-family dwellings, cultivated field/AG-1 ----- . Agricultural South Single-family dwellings,wooded area/AG-1 X Agricultural East Princess Anne Road Single-family dwelling/AG-2 Agricultural West Wooded Area, undeveloped lot/AG-1 unu "Ah Rn 4 Agricultural, AG-2 Agricultural �;„' a ;• r_ ' Military Aviation Museum Agenda Item 4 Page 1 Background SummaryofProposal • On January 9,2007, City Council approved a Conditional Use Permit for a Museum on this 80-acre parcel zoned AG-1 &AG-2 Agricultural District. Modifications to the Conditional Use Permit were subsequently approved by City Council, in 2008 and 2011. The 2008 modification permitted an expansion of the museum to include five additional structures and additional parking while the 2011 modification,allowed for a new 45,000 square foot hanger/exhibition area with associated parking to the west of the existing hanger/museum. • The applicant is now seeking a modification to expand the operating hours for the museum,to accommodate special events held on site, as well as other events that are customarily incidental to the museum use. • The current operating hours for the museum are 9:00 a.m.to 5:00 p.m., seven days a week, except for the summer months when the museum ceases operation at dusk. With the current request,the applicant is proposing to amend the hours of operation for the museum to 9:00 a.m.to 9:00 p.m. seven (7) days a week, and no later than 10:00 p.m. for any Special Events permitted by the City's Special Events Office. • No more than eight special events of an outdoor nature having outdoor amplified sound, and which exceed 500 persons in attendance, will be allowed on the property per calendar year. Events that are customarily incidental to the museum use shall not be considered a special event. • No changes to the site layout are proposed. / T A02 I A Zoning History 2 # Request G2 1 MDC Approved 06/28/2011 MDC Approved 12/09/2008 CUP(Museum)Approved 01/09/2007 AG' / ;' 2 CUP(Outdoor Recreational Facility)Approved 05/14/2002 3 CUP(Church)Approved 11/13/2001 oil SVR(Minimum Pavement Width)Approved 11/13/2001 R / 4 CUP(Single-family dwellings in AG)Approved A61 12/08/1992 All SVR(Minimum Pavement Width)Approved 12/08/1992 t box i A 21 AG Application Types CUP—Conditional Use Permit MDC—Modification of Conditions STC—Street Closure SVR—Subdivision Variance REZ—Rezoning MDP—Modification of Proffers FVR—Floodplain Variance LUP—Land Use Plan CRZ—Conditional Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental Evaluation . Recommendation This request for a Modification of Conditions for the Military Aviation Museum is, in Staff's opinion, acceptable. The existing Military Aviation Museum has been operating on this site for over 15 years.The museum is a valued community asset for both the City and the Hampton Roads area as a whole. Since the airport on the property operates under a separate Use Permit and a subsequent court order,the current evaluation applies only to the applicant's request to expand the operating hours for the museum and to host a limited number of special events on site, beyond Military Aviation Museum Agenda Item 4 Page 2 those events that are considered customary with and incidental to the museum. In Staff's opinion,the request to host up to 8 outdoor events with amplified sound and more than 500 people in attendance is reasonable and will positively contribute to the museum's operation while being mindful of surrounding residents.All events that meet the criteria stated above, and as identified in Condition 3, will be permitted through the City's Special Events Office and thus will be reviewed individually to ensure adequate steps are taken to minimize impacts to nearby property owners and residents. In Staff's view,the request is in keeping with the policies of the Comprehensive Plan, as there will be no major alterations to the site layout and all outdoor events will cease operation by 10:00 p.m. The recommended conditions are designed to limit the impact of the museum to a level that is compatible with the agricultural community. Based on these considerations,Staff recommends approval with the conditions listed below. Recommended Conditions 1. All previous conditions attached to the previous Modification of Conditions granted on 06/28/2011 shall be voided and replaced with the following conditions below. However, Conditions 7 through 16 remain unchanged from the 2011 Modification of Conditions. 2. The Aviation Museum may operate between the hours of 9:00 a.m.to 9:00 p.m., seven (7)days a week, and no later than 10:00 p.m.for any Special Events permitted by the City's Special Events Office. 3. The Aviation Museum is permitted to have no more than eight(8) special events per calendar year, not including those that are customarily incidental to the museum use, that are of an outdoor nature, have outdoor amplified sound, and which exceed 500 persons in attendance. 4. Subdivision of any of the Museum's property that has been identified as within the Modification of Conditions (MDC) shall require a modification of the MDC to remove such property from the purview of the MDC. 5. Museum employees and Training Services, Inc. employees who maintain vintage aircraft displayed at the Museum shall number no more than thirty(30) persons on duty at any given time.There shall be no limit on the number of volunteers. 6. There shall be no outdoor amplified sound or music audible at the property line associated with the museum or special events. 7. Health Department review and approval for a Sewage Disposal System Construction Permit or any other permit as deemed necessary by the Health Department shall be obtained prior to approval of the final site plan. 8. Streetscape landscaping, as described in the Landscaping Guide, City of Virginia Beach, December 2002,shall be installed along the eastern boundary line of the future parking lot expansion and shall be installed along the entire length in an effort to screen any vehicles from view of the right-of-way. 9. There shall be no direct vehicular ingress/egress from this property onto Vaughan Road unless required by Virginia Beach Emergency Services. 10. The existing runway shall remain in a grassed condition and shall not be paved. 11. The site shall be developed substantially in accordance with the submitted "ULTIMATE SITE BUILD-OUT" by Martin Engineering and stated 03/03/2011. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning&Community Development.All buildings other than the initial hanger/exhibition area shown on the submitted plan shall be only used for museum related purposes. Military Aviation Museum Agenda Item 4 Page 3 12. A landscaped buffer shall be installed along the northern boundary of this property.A solid row of evergreens shall be planted along the southwestern corner of the property.The Director of Planning or his designee, shall review the proposed plant species and size to be installed along the boundary. No plants shall be installed until approval has been obtained from the Director of Planning or his designee. 13. Canopy trees shall be planted, staring at the north of the proposed cul-de-sac and continuing west to the west property line adjacent to the proposed Cottbus German building. Mixes of canopy trees are to be utilized consisting of large canopy trees, ranging in height from sixty(60)feet and greater at maturity and medium canopy trees, ranging in height from thirty feet (30)to sixty-five (65)feet at maturity. Planting is encouraged to be innovative in terms of spacing and arrangement to allow the widest possible variation for visual enhancement. 14. A Landscape Plan shall be submitted at the time of site plan review depicting the existing and proposed landscape buffers, streetscape landscaping,foundation planting and parking lot landscaping. 15. The Museum's use of the airport shall comply with all applicable Federal Aviation Administration regulations. 16. In connection with the Princess Anne/Gum Bridge Road intersection improvements project(CIP 2-021-020)the applicant shall reimburse the City for the cost of constructing a right turn lane into the applicant's property. 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 • • • from 1 1. The operating hours for the museum shall be 9:00 AM. through 5:00 P.M., seven days a week, except during the summer months when the Museum will cease operating at dusk. 2. Museum employees and Training Services, Inc employees who maintain vintage aircraft displayed at the Museum shall number no more than thirty(30) persons on duty at any given time.There shall be no limit on the number of Volunteers. 3. There shall be no outdoor amplified sound or music audible at the property line associated with the Museum or special events. 4. Health Department review and approval for a Sewage Disposal System Construction Permit or any other permit as deemed necessary by the Health Department shall be obtained prior to approval of the final site plan. 5. Streetscape landscaping, as described in the Landscaping Guide, City of Virginia Beach, December 2002, shall be installed along the eastern boundary line of the future parking lot expansion and shall be installed along the entire length in an effort to screen any vehicles from view of the right-of-way. 6. There shall be no direct vehicular ingress/egress from this property onto Vaughan Road. Military Aviation Museum Agenda Item 4 Page 4 7. The existing runway shall remain in a grassed condition and shall not be paved. 8. The site shall be developed and designed substantially in accordance with the submitted "ULTIMATE SITE BUILD-OUT" by Martin Engineering and dated 03/03/11. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department.All buildings, other than the initial hanger/exhibition area shown on the submitted plan, shall be only used for Museum-related purposes. 9. A landscaped buffer shall be installed along the northern boundary of this property.A solid row of evergreens shall be planted along the southwestern corner of the property.The Director of Planning or his designee, shall review the proposed plant species and size to be installed along the boundary. No plants shall be installed until approval has been obtained from the Director of Planning or his designee. 10. Canopy trees shall be planted, staring at the north of the proposed cul-de-sac and continuing west to the west property line adjacent to the proposed Cottbus German building. Mixes of canopy trees are to be utilized consisting of large canopy trees, ranging in height from sixty(60)feet and greater at maturity and medium canopy trees, ranging in height from thirty-feet (30)to sixty-five (65)feet at maturity. Planting is encouraged to be innovative in terms of spacing and arrangement to allow the widest possible variation for visual enhancement. 11. A Landscape Plan shall be submitted at the time of site plan review depicting the existing and proposed landscape buffers, streetscape landscaping,foundation planting and parking lot landscaping. 12. The Museum's use of the airport shall comply with all applicable Federal Aviation Administration regulations. 13. In connection with the Princess Anne/Gum Bridge Road intersection improvements project(CIP 2-021-020)the applicant shall reimburse the City for the cost of constructing a right turn lane into the applicant's property. Previous • • • from 11 : MDC 1. The operating hours for the Museum shall be 9:00 am through 5:00 pm, seven days a week, except during the summer months when the Museum will cease operating at dusk. 2. Museum Employees and Training Services, Inc. employees who maintain the vintage aircraft displayed at the Museum shall number no more than eighteen (18) persons on duty at any given time.There shall be no limit to the number of Volunteers. 3. There shall be no outdoor amplified sound or music audible at the property line associated with the Museum or special events. 4. Health Department review and approval for a Sewage Disposal System Construction Permit or any other permit as deemed necessary by the Health Department shall be obtained prior to approval of the final site plan. 5. Streetscape landscaping, as described in the Landscaping Guide, City of Virginia Beach, December 2002,shall be installed along the eastern boundary line of the future parking lot expansion and shall be installed along the entire length in an effort to screen any vehicles from view of the right-of-way. 6. There shall be no direct vehicular ingress/egress from this property onto Vaughan Road. 7. The existing runway shall remain in a grassed condition and shall not be paved. 8. The additional buildings shown on the submitted plan shall be only used for museum-related purposes. Military Aviation Museum Agenda Item 4 Page 5 9. A landscaped buffer shall be installed along the northern boundary of this property.The Director of Planning shall review the proposed plant species and size to be installed along the boundary. No plants shall be installed until approval has been obtained from the Director of Planning. Previous • • • from 11 • 1. The operating hours for the museum shall be 9:00 am through 5:00 pm, seven days a week, except during the summer months when the museum will cease operating at dusk. 2. Museum employees shall number no more than four(4) persons on duty at any given time.There shall be no limit on the number of volunteers. 3. There shall be no outdoor amplified sound or music audible at the property line associated with the museum or special events. Comprehensive Plan Recommendations The Comprehensive Plan designates this site as being within the Rural Area.The Rural Area is located in the southern half of the City south of Indian River and Sandbridge Roads. It is characterized as low,flat land with wide floodplains and altered drainage with a presence of agricultural and rural related activities including traditional and specialty crop cultivation,tree farms, equestrian facilities, wetland banks,fish farms and other similar uses. It is an important objective to protect and sustain all of our valuable environmental, scenic and agricultural resources against inappropriate activities and intense growth pressures. ResourcesNatural & Cultural • The site is located in the Southern Rivers watershed. Drainage in the Southern Rivers watershed is highly impacted by the presence of high ground water, poorly draining soils, and high-water surface elevations in downstream receiving waters. The majority of the site is grass field with a grass runway.There is an existing airport hanger with a paved parking lot and water tower.There does not appear to be any significant environmental or local cultural features on the site; however, the museum, including the proposed facilities, is indicative of the role of this area of the city during World War II.Several airfields in rural southern area of the city served as satellite fields to Norfolk Naval Air Station, serving in support to operations,training, and maintenance of WWII aircraft. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic* Princess Anne Road 9,900 ADTl 11,200 ADT 1(LOS 4"D") Existing Land Use 2—No Data Available Proposed Land Use 3—No Data Available 'Average Daily Trips 2 as defined by a museum with 3 No information available in the 4 LOS=Level of Service up to 8 special events per ITE Trip Generation Manual for calendar year special events *The proposed modifications to the operating hours will have a minimal effect on traffic on Princess Anne Road. The trip generation for the proposed Special Events will be determined at the time that a Special Event permit is submitted to the City of Virginia Beach for review and approval. Military Aviation Museum Agenda Item 4 Page 6 Master Transportation Plan (MTP) and Capital Improvement Program (CIP) This site is located off of Princess Anne Road south of West Neck Road. In the vicinity of this application, Princess Anne Road is a two-lane rural highway with an eighty-foot (80') right-of-way width. The City's MTP indicates an ultimate right- of-way width of one hundred feet(100'). There are currently no CIP projects planned for this portion of Princess Anne Road. ' Public Utility Impacts Water& Sewer City water and sanitary sewer is not available. Any impact on the private well or the existing onsite sewage treatment facility requires Health Department approval. Public • • Planning Commission • The applicant's representative met with the Agricultural Advisory Commission on January 8, 2024&April 1, 2024 to discuss the details of the request. According to the applicant's representative,the Commission was supportive of the request to expand the operating hours and to limit the number of special events of an outdoor nature,with outdoor sound,that exceeds more than 500 persons in attendees to no more than eight per calendar year. • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on April 8, 2024. • As required by State Code,this item was advertised in the Virginian-Pilot on Wednesdays, April 24, 2024 and May 1, 2024. • 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 22, 2024. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of https://virginiabeach.gov/pc on May 2, 2024. City Council • As required by City Code,this item was advertised in the Virginian-Pilot on Tuesdays, May 21, 2024 and May 28, 2024. • As required by City Code,the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on May 20, 2024. • The City Clerk's Office posted the materials associated with the application on the City Council website of https://clerk.virginiabeach.gov/city-council on May 31, 2024. Military Aviation Museum Agenda Item 4 Page 7 r, Nar wt 1`}Fiwwl. I � `� �•1��1 41 • �-sgos==��__ +.ear .s. br« ��"�'' � �_ rr� war _ • . M � Maw ._..�n.ir�u� , • • . . . �eT � _... .a.._._r-. ==••.._ _... _� �.� .� 'fi�t _ _ _ ._ — — •_ =n� . w 4 ��y* . �•i Existing Grass Runway =Existing Buildings v D D aca f*. co 0 3 3 v � v h LA c oo A 3 Site Photos 5t A {,.n��� 3, ,^;.r�. .... '�; �.> �.'� a?^w ux N"4..yy.^. �� r•^<, r.r.,�. :'`'+.m«,,,�,� ••..ti'.�6�. i Military Aviation Museum Agenda Item 4 Page 9 Site Photos sum Military Aviation Museum Agenda Item 4 Page 10 Disclosure isclosure Statement Planning&Community Development The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board,commission or other body. Applicant Disclosure Applicant Name Military Aviation Museum,a 501(c)(3)corporation 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?®Yes ❑ NO • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) See Attached List • If yes,list the businesses that have a parent-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. 1"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(lii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Military Aviation Museum Agenda Item 4 Page 11 Disclosure Disclosure Statement Planning&Communit} �. Development ,,;,�a..�. fi 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. Renee Pendleton,Cherry Bekaert 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. 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. 21 Military Aviation Museum Agenda Item 4 Page 12 Disclosure 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?❑Yes 0 No a 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. R.Edward Bourdon,Jr_,Esq.,Sykes,Bourdon,Ahern&Levy,P.C. Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Military tion Museum By: \�Q� Applicant ture L OAN Y(. VC- E %o 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 ONLY/ that pertains to the applications ® No changes as of D`e 5/17/2024 Signature Print Nan" -Marchelle L. Coleman Rf visvd J J.09.2020 3 1 P ,r o Military Aviation Museum Agenda Item 4 Page 13 as MILITARY AVIATION MUSEUM BOARD OF DIRECTORS Las Name Title First Nom so Address 2 city State zig Code SalutationBusiness Phone Home Phone cell Phone if Address a Allen Mr. Imichael 1220 Crcmandra Ave. j5um wvfle SC 129483 Michael mallen.bl7 mail.com Bernd Mr, David 80100cean From Ave. Virginia Beach VA 23451 D" 75 252-7070 (75 4913-1528 (757)477.1596 davidlbernd@gmail.mm a Bumette Mr. Wiliam 2025 Thomas Bishop Lane 440 Viki pr.,Stet W inia Beach VA 23454 Big 17571473-2030 bburnettel4@gmatcom Campbell,Jr. Mr. John 5702 Gulfstream Road Richmond VA 23250 John 8D4)236-3631 1804)971-SD18 johnxampbellllpdoay.virginia.gm carvrell Dr. Glenn 3257 Adam Keeling Rd. 157 tittle Neck Rd.,3 Virginia Beach VA 23454 Glenn (757)481-7T88 (757)496.38B8 1757 477.5626 Plastic@inrionline.net Chetwrd Mr. Keegan 333 W.Government Ave. Norfolk VA 23503.2835 Keegan (757)721-7767 1832444-2051 director@aviatlonmuseum.us Ex-OfBcio Mernber Dedmm Mr. Robert 3728 Lynn0eld Drlve Virginia Beach VA 23452 Bob 5 463-2032 (75 434-5318 coded@cox.net Dickens M, Emmitt III 83rd St,Unit B Vir Into Beach VA 23451 Emmitt (757)285.3070 (757)319.2109 emm'ntdlckens maitcom E,Ang Mr. Kent 1509 Duke of Windsw Road Virgin{.Batch VA 23454 Kent (7S7)481-6603 75 297.8749 Ikentevvingiloveri2on.pet Swetary Fort Mr. Bob 2327 Mariners Mark Way Virginia beach VA 23451 Bob 757)646.0590 mfortl@gmail.com Georite ID, lEdmrd 1201 Kmt Lane Vat is Bach VA 23454 EA (757)412-14SS 757)286.1458 er eor el@cox.net President Goode Imr. 103od 7301 Woo lane 180D Atlantic,Apt 31 Norfolk VA 23505 1757)629-2610 757)232-5101 david. a@c—et Hand Mr. Patrick 2242 Arlington chase Rd. Cape Charles VA 23310 Patrick (757)377-44 earthvg39@hotmail.com Hartb Mr. Sandy 1503 North Shore Road Norfolk VA 23505 Sandy 5 3OS-IS04 (757)6445-3104 shams@rer"arinem.com Holbrook Mr. Bruce 1107 Boletourt Gardens Norfolk VA 23507 Bruce 757 622-6869 (757)470-6918 bruceholbrookconsufting@oudook.wm Treasurer Kavanaugh RADM John 312 College Place Norfolk VA 23510 Jack ms1062@cox.rret Kan M, Howard 3824 Jefferson Bkd Virginia Bath VA 23455-1606 (7571455•7110 (757)613-9894 hoken,uPsentwaxom Knight Mr. Barry 1852 Min Landing Road Virginia Reach VA 23457 Barry 757)426.6387 (75 426-7741 (757)434-7376 OXnightgl@cox.net Lindsey VADM Bruce 20168th Street Virginia Beach VA 23451 Bruce (T 630-1292 brvceh.11ndsey@gmAWm Mcleskey Ms. Cheryl 2859 Virginia Beach Blvd.,Ste.106 Virginia Beach VA 23452-76.0 Cheryl 757)340-1251 (757)472-1311 Che @Mdesk "m NaN Mr. Erik Chrysler Museum of AM One Memori 425 Warren Crescent Norfolk VA 23510 Erik (757)333-6211 ehnNl@ch ler.t Owen Mr. Tom 1407 Eagle Pointe Way Chesapeake VA 23322 Tom (757)773-7172 ksova20086aoi.com Volunteer Member Painter Mrs. Deborah(Butic 123 College Place,8P7 Norfolk VA 23510-1946 Deb (7571227-6875 757 777-5948 db.tler122@gmaltcom Peterson Mr. John 97 Commomrealth Ave- Chesapeake VA 23325.2262 John (757)624.3003 (757)581-389S Impeterson0kaufcancom Vice-President Prescott Mr. Stem 1748 Nannep Creek Rd. Virsinla Bach VA 23457 Store (757)426-2911 nawn reek@msn.com Romie Mr. W81iam 1601 Quag Point Road Virginia Bach VA 234y1 Big (757)496.2096 757 438-7729 811mm ra@ attcom Sessoms,Jr. Mr. William 3D4 Boo Lone V{rginla leach VA 23451 Win 757)473.2510 NQ .li 403.3926 wBlsessomsl malLcom Slant Mr. Frederick 3576 West Neck Rd. Virginla Reach VA 23456.3812 Fred 75 473-5304 621.0421 fstam3 wil.com Wagner Dr. Alan 71060cean Front Avenue Virginia Beach VA 23451 Alan .1220 awagner nerretlna.com . 1477Tdin Point Lane Virginia Beach VA 23452 490.3157 757 48640U 373.6273 a 1@aoltwn Founder Yagen Mr. Ken 1003 Lakeview Way 1650)362.3336 (415 902-5623 kentlillragen.com a/2a/2n73 h LU D D • 9/29/2@3 (T 0 Q � v � pT1 (DD to rD 3 c -o� 3 Disclosure The following companies meet the definition of"affiliated business entity relationship" under Va.Code§2.2-3101 solely because Gerald Yagen is the controlling owner. None of these companies has any involvement in the Military Aviation Museum. a) Technical Education Services,Inc.; b) ATA Training Corp,; c) Employment Services,Inc.; d) Teterboro School of Aeronautics,Inc. The following company also meets the definition of "affiliated business entity relationship"under Va.Code§2.2-3101 because Gerald Yagen is the controlling owner: Training Services,Inc.t/a The Fighter Factory Training Services, Inc, owns and maintains all of the aircraft which are housed and displayed at the Military Aviation Museum. H:\AM\—Mod of Conditions\Military Aviation Museum\Disclosumdoc Military Aviation Museum Agenda Item 4 Page 15 Disclosure k Disclosure Statement Planning&Community Development Owner Disclosure Owner Name Virginia Beach Airport,LLC,a Virginia limited liability company Applicant Name Military Aviation Museum,a 501(c)(3)corporation 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) Gerald Yagen,Member;Ruth Elaine Yagen,Member;Kenneth Yagen,Member;Susan Fleischman,Member • if yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the Owner. (Attach a list if necessary) College Properties,LLC 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?Il 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. 51 ; Military Aviation Museum Agenda Item 4 Page 16 Disclosure Statement Disclosure Statement 10 f'r y r=t t n;u::r$nrcfi m Planning&Community < �... ... �b. a 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? O 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. Renee Pendleton,Cherry Bekaert 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 N No • If yes,identify the firm and individual providing the service. 5. is there any other pending or proposed purchaser of the subject property?0 Yes .No • If yes,identify the purchaser and purchaser's service providers. 6. Does the Owner have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?0 Yes ®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. 1�r 61 Military Aviation Museum Agenda Item 4 Page 17 Disclosure Disclosure Statement X �F Laing&Comnninit 3� evelopment 0161 - 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?N Yes ❑NO • If yes,identify the firm and individual providing legal the service- R.Edward Bourdon,Jr.,Esq.,Sykes,Bourdon,Ahern&Levy,P.C. Owner Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Virginia s h Airport,LLC By: Owner S4nature PrintNNe and Title® o-�n a. oi3 _ Date 71 Military Aviation Museum Agenda Item 4 Page 18 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision, the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-5692. • 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. Military Aviation Museum Agenda Item 4 Page 19 Virginia Beach Planning Commission May 8, 2024, Public Meeting Agenda Item # 4 Military Aviation Museum RECOMMENDED FOR APPROVAL - CONSENT Ms. Cuellar: Thank you very much, Commissioner Anderson. Our next item on the consent agenda is Item number 4, Military Aviation Museum. Is there a representative here today? Mr. Bourdon: Thank you, Commissioner Cuellar, Mr. Chairman, and Members of the Commission for the record Eddie Bourdon, Virginia Beach Attorney representing military aviation museum. It is truly an honor to come before the commission today representing the museum, and most importantly Jerry and Elaine Eagan, and their family. The millions of dollars they have invested in this jewel in southern part of Virginia Beach is truly something we all should take great joy, and pride in. The 15 conditions as recommended in the staff evaluation are all acceptable to us. This is just simply putting into the conditions, how the museum is operated for the last 10 plus. It is nothing that has really changing with this. I want to thank Marshal Coleman, Planning Director, Kathy Warren, and her staff. I appreciate the commission placing this on the consent agenda, and while I'm up here, I didn't know Hoa was leaving, but Hoa, you have done a fantastic job during tough time, and a lot of different ways. A lot of challenges, not the least of which was COVID, and Ms. Cuellar is absolutely right, anytime you touch base with Hoa, he is always very professional, very courteous, and very patient, and we will miss you very much. Thank you. Ms. Cuellar: Thank you very much. Is there any opposition to this item being placed on the consent agenda? Hearing none, I've asked Commissioner Cromwell to read this into the record. Mr. Cromwell: On January 9, 2007, City Council approved a Conditional Use Permit for a museum on this 80 acre parcel zone AG and AG 2 Agricultural District. Modifications to the Conditional Use Permit were subsequently approved by the City Council in 2008 and 2011. In 2008, modification permitted an expansion of the museum to include 5 additional structures and additional parking, while the 2011 modification allowed for 45, 000 square foot hangar exhibition area with associated parking on the west of the existing Hanger Museum. The applicant is now seeking a modification to expand the operating hours for the museum to accommodate special events held onsite as well as other events that are customarily incidental to museum use. The current operating hours for the museum are 09:00 to 05:00 p.m. seven days a week except for the summer months, when the museum ceases operation at dusk. With the current request, the applicant is proposing to amend the hours of operation for the museum to 09:00 a.m. to 09:00 p.m. seven days a week, and no later than 10:00 p.m. for any special events permitted by the city special events office. No more than eight special events of an outdoor nature of having outdoor amplified sound would exceed 500 persons in attendance, will be allowed on their property per calendar year. Events that are customarily incidental to the museum, use shall not be considered a special event. No changes to the site layout are proposed. As the Planning Commission has received no opposition, we recommend this for the Consent Agenda. Ms. Cuellar: Thank you very much, Commissioner. Mr. Chairman, that was the last item on the consent agenda. The Planning Commission places the following applications on the consent agenda. Items number 1, 2, 3. 4,6, 7, 9, and 10. Mr. Alcaraz: All right, thank you. Do I have a motion to approve. Ms. Cuellar: I move that these items be approved by consent. Mr. Alcaraz: Okay. Mr. Plumlee: I second. Mr. Alcaraz: Second by Mr. Plumlee. Clerk: By a vote of 11:0, Agenda Items 1, 2, 3, 4, 6, 7, 9, and 10 have been recommended for approval. AYE 11 NAY 0 ABS 0 ABSENT 0 Alcaraz AYE Anderson AYE B ler AYE Cromwell AYE Coston AYE Cuellar AYE Estaris AYE Hi en AYE Mauch AYE Parks AYE Plumlee AYE CONDITIONS 1. All previous conditions attached to the previous Modification of Conditions granted on 06/28/2011 shall be voided and replaced with the following conditions below. However, Conditions 7 through 16 remain unchanged from the 2011 Modification of Conditions. 2. The Aviation Museum may operate between the hours of 9:00 a.m. to 9:00 p.m., seven (7) days a week, and no later than 10:00 p.m. for any Special Events permitted by the City's Special Events Office. 3. The Aviation Museum is permitted to have no more than eight (8) special events per calendar year, not including those that are customarily incidental to the museum use, that are of an outdoor nature, have outdoor amplified sound, and which exceed 500 persons in attendance. 4. Subdivision of any of the Museum's property that has been identified as within the Modification of Conditions (MDC) shall require a modification of the MDC to remove such property from the purview of the MDC. 5. Museum employees and Training Services, Inc. employees who maintain vintage aircraft displayed at the Museum shall number no more than thirty (30) persons on duty at any given time. There shall be no limit on the number of volunteers. 6. There shall be no outdoor amplified sound or music audible at the property line associated with the museum or special events. 7. Health Department review and approval for a Sewage Disposal System Construction Permit or any other permit as deemed necessary by the Health Department shall be obtained prior to approval of the final site plan. 8. Streetscape landscaping, as described in the Landscaping Guide, City of Virginia Beach, December 2002, shall be installed along the eastern boundary line of the future parking lot expansion and shall be installed along the entire length in an effort to screen any vehicles from view of the right-of-way. 9. There shall be no direct vehicular ingress/egress from this property onto Vaughan Road unless required by Virginia Beach Emergency Services. 10.The existing runway shall remain in a grassed condition and shall not be paved. 11.The site shall be developed substantially in accordance with the submitted "ULTIMATE SITE BUILD-OUT" by Martin Engineering and stated 03/03/2011. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. All buildings other than the initial hanger/exhibition area shown on the submitted plan shall be only used for museum related purposes. 12. A landscaped buffer shall be installed along the northern boundary of this property. A solid row of evergreens shall be planted along the southwestern corner of the property. The Director of Planning or his designee, shall review the proposed plant species and size to be installed along the boundary. No plants shall be installed until approval has been obtained from the Director of Planning or his designee. 13. Canopy trees shall be planted, staring at the north of the proposed cul-de-sac and continuing west to the west property line adjacent to the proposed Cottbus German building. Mixes of canopy trees are to be utilized consisting of large canopy trees, ranging in height from sixty (60) feet and greater at maturity and medium canopy trees, ranging in height from thirty feet (30) to sixty-five (65) feet at maturity. Planting is encouraged to be innovative in terms of spacing and arrangement to allow the widest possible variation for visual enhancement. 14. A Landscape Plan shall be submitted at the time of site plan review depicting the existing and proposed landscape buffers, streetscape landscaping, foundation planting and parking lot landscaping. 15. The Museum's use of the airport shall comply with all applicable Federal Aviation Administration regulations. 16. In connection with the Princess Anne/Gum Bridge Road intersection improvements project (CIP 2-021-020) the applicant shall reimburse the City for the cost of constructing a right turn lane into the applicant's property. CJ e 02 B2 O P1 4� B2 B2 ,, 11 0 0 1 aJ <R10 B,2 � y 0 ��' Al � e R;1-0 �c � 0 °�` �A�18 R1.0 0 � PDH 1 R1.0 PDH1 (� PDH1 PDH1 N ® Site W E Property Polygons City of Virginia Beach S Zoning 500 Studio Drive & 599 Studio Drive, Suites 2A & 2B Building Feet 0 70140 280 420 560 700 840 rriPG w.y.y rd CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CITY OF VIRGINIA BEACH [Applicant] MICHELS FAMILY, LLC [Property Owner] Modification of Conditions (Amend Deed of Conditions & Restrictions)for the property located at 500 Studio Drive &599 Studio Drive, Suites 2A& 2B (GPINs 14767884450001, 14767884450002, 14767884450003). COUNCIL DISTRICT 3 MEETING DATE: June 4, 2024 ■ Background: In 1998, City Council approved a rezoning of a 21.3-acre parcel for the development of a corporate office park. At that time, a Deed of Conditions and Restrictions was recorded to limit the use of the site to office, distribution, warehousing, and production studios and accessory uses. The Deed was further amended in 2009 to expand the uses to include: business, medical, financial, non- profit, professional and similar office buildings, eating and drinking establishments without drive-through windows, printing, lithographic or publishing establishments, office, distribution, warehousing, and production studios and accessory uses. In addition, Unit 313 is permitted to have a full-service financial institution with drive- throughs and ATMs. The City is under contract to acquire 7.82-acres of the 21.3-acre parcel, known as, Units 1, 2A, and 213 of this condominium park and plans to utilize the existing 65,700 square foot building located on Unit 1 for the Office of the Voter Registrar and Central Absentee Precinct. Since the 2009 Amended Deed of Conditions and Restrictions does not list public buildings or public meeting grounds as allowable uses, this request is needed to expand the list of permissible uses. ■ Considerations: The Planning Commission found the proposed modification to allow for the operation of an Office of Voter Registrar and Central Absentee Precinct, to be acceptable. The use is compatible to that of the surrounding area and will not cause any negative impacts. This proposal will remove private properties adjacent to Mount Trashmore and change them to public grounds with access to Mount Trashmore Park. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. There is no known opposition tothis request. City of Virginia Beach Page 2 of 2 ■ Recommendation: On May 8, 2024, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 11-0. 1 . Prior to operation of the proposed use, the Amended Deed of Conditions and Restriction shall be recorded with the City of Virginia Beach Clerk of Circuit Court. ■ 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: Item Applicant City of •. Property Owner Planning Commission • 2024 city(043 City CouncilDistrict Virginia Beach Request Modification of Conditions (Amend Deed of Conditions& Restrictions) 264��. SOUTH BIYO Staff Recommendation Approval �Staff Planner � OLD FOR C*RO Hoa N. Dao oso F o Location -v0F" � � � 0`6<,�- P Q91, 5000 Studio Drive, 599 Studio Drive,Suites 2A& �9 WEOGEQa G P I N s .�°�9`116,°R �4rFR0 4 14767884450001, 14767884450002, �Ro 14767884450003 �+°�`�y°� >G° W • R ° Site Size 7.82 acres N y AICUZ Less than 65 dB DNL Watershed Chesapeake Bay Existing Land Use and Zoning District Office,warehouse/1-1 Light Industrials Surrounding Land Uses and Zoning Districts ` µ North awb Mount Trashmore Park/P-1 Preservation 4S'?oFp ,"rA' South ° A P" •: y ' S. Independence Boulevard, Holland Road, _ �e< �±. Studio Drive Automobile dealership/B-2 Community �, j ,✓ k° S o , Business East , , P((• x 5HOREIINECT Single-family& multi-family dwellings/R-7.5 ' +. Residential,A-12 Apartment,A-18 Apartment West Offices/ B-2 Community Business City of Virginia Beach Agenda Item 3 Page 1 Background of • . • • In 1998,City Council approved a rezoning of a 21.3-acre parcel from P-1 Preservation District and B-2 Community Business District to Conditional 1-1 Light Industrial District for development of a corporate office park. At the time, a Deed of Conditions and Restrictions was recorded with the Circuit Court instead of the Conditional Zoning Agreement(aka proffers)that is typically done with a conditional rezoning request. For the purposes of the development of this property,the Deed of Conditions and Restrictions carry the same weight as proffers. • The 1998 approval limits the use of the site to office,distribution,warehousing, and production studios and accessory uses. • In 2009,City Council granted a modification request to expand the uses to include: business, medical,financial, non- profit, professional and similar office buildings, eating and drinking establishments without drive-through windows, printing, lithographic or publishing establishments, office, distribution,warehousing, and production studios and accessory uses. In addition, Unit 3B is permitted to have a full-service financial institution with drive-throughs and ATMs. • The applicant,the City of Virginia Beach, is under contract to acquire 7.82-acres of the 21.3-acre parcel, known as, Units 1, 2A,and 2B of this condominium park and plans to utilize the existing 65,700 square foot building located on Unit 1 for the Office of the Voter Registrar and Central Absentee Precinct.The areas referred to as Unit 2A and 2B were never developed. Since the 2009 Amended Deed of Conditions and Restrictions does not list public building or public meeting grounds as allowable uses,this request is needed to expand the list of permissible uses. • At this time,there are no plans to alter the existing building exterior or to develop Units 2A and 2B. Zoning History P' # Request 1 CUP(Assembly Use)Approved 12/12/2023 2 CUP(Body Piercing Establishment)Approved 09/15/2020 � z MDC(Tattoo Parlor)Approved 08/18/2015 82 CUP(Tattoo Parlor)Approved 05/11/2010 ti CUP(Vocational School)Approved 05/11/2010 3 MDC Approved 06/09/2009 CRZ(P-1&B-2 to 1-1)Approved 09/22/1998 70 4 CUP(College/Higher Education)Approved 09/11/2012 s� Al2 5 CUP(Motor Vehicle Sales&Service)Approved 4 A� �F�,tiF 02/22/2005 6 CUP(Automobile Service Station)Approved 12/18/2001 A18 7 CRZ(B-2 to 0-1)Approved 08/25/1998 _- Eft CUP(Assisted Living Facility)Approved 08/25/1998 � P 82 8 CRZ(B-2 to A-18)Approved 02/10/1998 DW / b 9 CRZ(Timberlake LUP)Approved 1978 Application Types CUP—Conditional Use Permit MDC—Modification of Conditions STC—Street Closure SVR—SubdivisionVariance REZ—Rezoning MDP—Modification of Proffers FVR—Floodplain Variance LUP—Land Use Plan CRZ—Conditional Rezoning NON—Nonconforming Use ALT—Alternative Compliance STIR—Short Term Rental City of Virginia Beach Agenda Item 3 Page 2 Evaluation • • . • The applicant's request to modify Section 3B of the 2009 Amended Conditions and Restrictions to allow for the operation of an Office of Voter Registrar and Central Absentee Precinct is acceptable. Except for changes to the section below,the remainder of the Deed of Conditions and Restrictions will remain in effect. Section 3B of the 2009 Amended Conditions and Restrictions is hereby deleted in its entirety and replaced as follows: "Only the following uses permitted under the present 1-1 (Light Industrial) zoning classification for the City of Virginia Beach,Virginia shall be permitted on the Property: business, medical,financial, non-profit, professional and similar office buildings;eating and drinking establishments(without drive-through windows); printing, lithographic or publishing establishments; public buildings and grounds, public meetings, assembly uses;office, distribution,warehousing, and production studios and accessory uses.Additionally,the following uses shall be permitted on Units 1,2A, and 2B:a full-service office of the general registrar for voter registration and elections, central absentee voter precinct, including without limitation curbside and in-person voting,vote counting and review, public speech activities, education and training,off-street parking,and pedestrian accessways,as well as other municipal,office,and warehouse purposes.Additionally,the following uses shall be permitted on Units 36-1 and 38-2: a full-service financial institution with drive-throughs and ATMs." Staff does not believe there will be any negative impacts to the surrounding area with the additional proposed uses.The existing 192 parking spaces on-site satisfy the parking requirement for the proposed use. Based on the considerations described,Staff recommends approval of this request subject to the conditions listed below. Recommended Condition 1. Prior to operation of the proposed use,the Amended Deed of Conditions and Restriction shall be recorded with the City of Virginia Beach Clerk of Circuit Court. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations This site is located within the Suburban Area of the City. 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. City of Virginia Beach Agenda Item 3 Page 3 ResourcesNatural & Cultural • The site is located in the Chesapeake Bay Watershed.There does not appear to be any significant natural or cultural resources on this property. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Studio Drive No Data Available Independence Boulevard 73,300 ADT' 70,400 ADT'(LOS 4"D") Existing Land Use Z-712 ADT Proposed Land Use 3—712 ADT Holland Road 32,700 ADT' 32,700 ADT'(LOS 4"D") l Average Daily Trips Z as defined by a 65,700 SF 3as defined by a 65,700 SF office 4 LOS=Level of Service office building building Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Access to this property is from Studio Drive,which is a two-lane private roadway that terminates at the Independence Boulevard and Holland Road signalized intersection. Independence Boulevard in the vicinity of this application is considered a six-lane major urban arterial.The MTP proposes an eight-lane facility within a 150-foot right-of-way.The Independence Boulevard/Edwin Drive Intersection improvement project is a fully funded CIP project that will impact this development site. This project will convert left-turn movements in both directions of South Independence Boulevard at Edwin Drive to median left-turns upstream and downstream of the mainline intersection (Median U-Turns) and widen east-bound and west-bound approaches on Edwin Drive. The project will also include a continuous five-foot sidewalk on both sides of Independence and Edwin with a connection to existing shared-use path on Edwin as well as installation of bus shelters at two existing bus stops.This project is scheduled to begin construction in 2031 and right-of-way acquisition is scheduled to begin in 2029. Holland Road in the vicinity of this application is considered a four-lane divided minor urban arterial facility. The Holland Road Phase I CIP project is approved for this area of Holland Road.This project will reconfigure Holland Road as a six- lane superstreet by adding additional through lanes in both directions from South Independence Boulevard to South Plaza Trail and by installing Restricted Crossing U-Turn(R-CUT),which helps reduce crashed, intersections at the intersections that lack a traffic signal.The project will also include a continuous five-foot wide sidewalk on both sides of Holland Road, as well as LED streetlights and installation of bus shelters at four existing bus stops. Construction of this project is scheduled to begin in 2031. ImpactsPublic Utility Water&Sewer The property is connected to City water and sanitary sewer services. City of Virginia Beach Agenda Item 3 Page 4 Public • • Planning Commission • The request received a positive recommendation by the Virginia Beach Development Authority on March 19, 2024. • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on April 8, 2024. • As required by State Code,this item was advertised in the Virginian-Pilot on Wednesdays,April 24, 2024 and May 1, 2024. • 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 22,2024. • This Staff report, as well as all reports for this Planning Commission's meeting,was posted on the Commission's webpage of https://virginiabeach.gov/pc on May 2, 2024. City Council • As required by City Code,this item was advertised in the Virginian-Pilot on Tuesdays, May 21, 2024 and May 28, 2024. • As required by City Code,the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on May 20,2024 • The City Clerk's Office posted the materials associated with the application on the City Council website of https://clerk.virginiabeach.gov/city-council on May 31, 2024. City of Virginia Beach Agenda Item 3 Page 5 119 Amended - - • of •ns & Conditio 1. The recitals set forth above are incorporated herein by this reference. 2. All capitalized terms used herein and not otherwise defined shall have the meanings set forth in the Conditions and Restrictions. 3. The Conditions and Restrictions are hereby amended as follows: A. The term"Property"as used in the Conditions and Restrictions shall mean the real property described in Exhibit A attached to this Amendment. B. Section 1 of the Conditions and Restrictions is hereby deleted in its entirety and replaced as follows: "Only the following uses permitted under the present I-1 (Light Industrial)zoning classification for the City of Virginia Beach, Virginia shall be permitted on the Property: business,medical, financial, non- profit, professional and similar office buildings; eating and drinking establishments (without drive-through windows); printing, lithographic or publishing establishments; office, distribution, warehousing, and production studios and accessory uses. Additionally,the following uses shall be permitted on Unit 3-B: a full-service financial institution with drive-throughs and ATMs." C. Section 2 of the Conditions and Restrictions is hereby deleted in its entirety and replaced as follows: "When the Property is developed, it shall be developed substantially as shown on the conceptual site plan entitled, "INDEPENDENCE CORPORATE PARK, VIRGINIA BEACH, VIRGINIA", last revised February 27, 2009, prepared by CMSS Architects, P.C. (the `Site Plan'), which has been exhibited to the City Council for the City of Virginia Beach, Virginia (the `City Council') and is on file with the Virginia Beach Department of Planning(the`Planning Department'). It is recognized that with a development of this size,to be built in phases,there needs to be flexibility in the exact location of buildings,landscaping and other features. It is not the intent of City of Virginia Beach Agenda Item 3 Page 6 this provision to prohibit changes so long as, in the reasonable opinion of the Director of the Planning Department(the`Planning Director'),the concept of the development is acceptable and the impact of the development on adjoining neighborhoods,streets and other features is not adversely affected." D. Section 3 of the Conditions and Restrictions is hereby amended to add the following: "The buildings depicted on the preliminary site plan for Unit 3B shall have the general architectural design and appearance as depicted on the color rendering dated February 27,2009(the'Rendering'),which has been exhibited to City Council and is on file with the Planning Department." E. Section 4 of the Conditions and Restrictions is hereby deleted in its entirety and replaced as follows: "The primary building materials used to construct all visible exterior surfaces of all buildings located on the Property shall be glass, granite, precast and poured in place concrete, brick and quality architectural metal panels, with metal or slate type roofing (other than asphalt shingles)permitted on any towers. Notwithstanding the preceding sentence,the use of architectural metal panels is subject to approval by the Authority." 4. Sections A,B,C,D and E of the Conditions and Restrictions set forth on pages 8 through 14 of the Deed are hereby deleted. 5. Each of the parties to this Amendment represents and warrants that it has fill power and authority to execute and deliver this Amendment and that any necessary consents or approvals in connection therewith have been obtained. 4 City of Virginia Beach Agenda Item 3 Page 7 2009 Amended Deed of Restrictions & Conditions 6. This Amendment may be executed in one or more counterparts and all such executed counterparts shall contain one agreement, binding on all the parties hereto, notwithstanding that all the parties are not signatories to the original or the same counterpart. 7. This Amendment shall be recorded in the Clerk's Office within sixty(60) days after the date set forth above in Recital D for the City Council meeting at which the foregoing amendments of the Conditions and Restrictions were approved and shall be effective upon its recordation in the Clerk's Office. [The remainder of this page left blank intentionally.] 5 City of Virginia Beach Agenda Item 3 Page 8 1999 Deed of Restrictions & Conditions BK4023PG0186 This conveyance is made subject to the covenants,conditions, restrictions and easements of record, insofar as they may lawfully affect the Property. Additionally, this conveyance is made expressly subject to the following conditions and restrictions (the "Conditions and Restrictions"): 1. The Property shall only be used for office, distribution, warehousing, and production studios and accessory uses. 2. When the Property is developed,it shall be developed substantially as shown on the conceptual site plan entitled, "INDEPENDENCE CORPORATE PARK, VIRGINIA BEACH, VIRGINIA", last revised 08/25/98. i,,,:pared by CMSS Architects,P.C.(the"Site Plan"),which has been exhibited to the City Council of the City of Virginia Beach("City Council") and is on file with the Virginia Beach Department of Planning("Planning Department"). It is recognised that with a development of this size,to be built in phases,there will likely be sonic minordeviation in theexact location of buildings,landscaping and other features. It is not the intent of this provision to prohibit these minor changes so long as,in the opinion of the Director of the Planning Department(the"Planning Director"), the concept of the development is substantially adhered to and the impact of the development on adjoining neighborhoods, streets and other features is not adversely affected. 3. The buildings depicted on the Site Plan shall have the architectural design and appearance as depicted on the colored rendering prepared by CMSS Architects, P.C. (the"Rendering"),which has been exhibited to City Council and is on file 4 City of Virginia Beach Agenda Item 3 Page 9 1999 Deed of Restrictions & Conditions B0023PG0187 with the Planning Department. it is recognized that with a development of this size,to be built in phases,minorchanges may be necessary as the planning stage progresses. It is not the intent of this provision to prohibit these minor chances so long as,in the opinion of the Planning Director,the appearance and quality of the development is not adversely affected. 4. The primary building materials used to construct all visible exterior surfaces of all buildings located on the Property shall be glass,granite,precast and poured in place concrete, brick and quality architectural metal panels. The use of architectural metal panels is subject to approval by the Authority. 5. All development of and improvements located on the Property shall comply with the design criteria entitled, "Independence Corporate Park, Design Criteria, a Development by the City of Virginia Beach Development Authority', prepared by CMSS Architects,P.C.,dated August 11, 1998,which has been exhibited to City Council and is on file with the Planning Department((he"Design Criteria") which adr asses landscaping, signage, lighting, parking, screening of loading areas, screening and location of mechanical equipment, and other details of development including the procedure for submission to and review and approval by the Authority of development of the Property. 6. Three(3)complete sets of the final site plan,landscape plan,building plans,sign plans and architectural elevations (collectively, the"Plans") including material and color samples shall be submitted to the Authority for review and approval i i � 5 City of Virginia Beach Agenda Item 3 Page 10 1999 Deed of Restrictions & Conditions BK4023PGO ! B 8 prior to submission to the Planning Department for administrative site plan approval by the City of Virginia Beach. 7, As shown on the Site Plan,a fifty foot(50')setback shall be maintained from the top of bank around Lake Trashmore and the creek. Only landscaping, and a jogging/walking trail(the"Trail')shall be permitted within the setback located around Lake Trashmore.Only landscaping,existing vegetation and the Trail shall be permitted within the setback along the creek. 8. The Trail shall be(i)capable of use by the City of Virginia Beach for access in connection with maintenance of Lake Trashmore and its banks;(ii)acceptable in width,material and location to the Department of Parks and Recreation of the City of Virginia Beach;and (iii)shall be completed in a manner consistent in width and material as the then existing trail and available for public use not later than the first to occur of(a) three (3) years from the date of recordation of the Conditions and Restrictions or(b)the issuance of a certificate of occupancy for any building located on the Property. At such time as the City of Virginia Beach constructs an asphalt trail around Lake Trashmore and/or Mount Trashmorc connecting to the Trail,the Grantee will reconstruct the Trail with asphalt. In no event will the Grantee be t,quired to construct the asphalt Trail wider than ten (10)feet. 9. Existing trees shall be preserved within the northeastern portion of the Property labeled,"Tree Preservation Area",as shown on the Site Plan, 6 City of Virginia Beach Agenda Item 3 Page 11 1999 Deed of Restrictions & Conditions BK4023PGO189 10. Prior to final site plan approval by the Planning Department, a stormwater management plan outlining best management practices shall be submitted for approval by the Planning Director. Measures shall be taken to minimize the impact of stormwatcr runoff on the water quality of Lake Trashmore. 11. No changes shall be permitted to the terms of any of the Conditions and Restrictions without approval by the Authority, review by the Virginia Beach Planning Commission (the "Planning Commission") and approval by City Council. Review by the Planning Commission and City Council shall include public notification and public hearings in keeping with Section 107 of the Zoning Ordinance of the City of Virginia Beach. 12. The failure by an owner of any portion of the Property to meet all of the Conditions and Restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits or certificates as may be appropriate for improvements on that portion of the Property owned by such owner. 13. The Conditions and Restrictions shall run with the title to the Property and be binding upon the Grantee and the Grantee's successors in title and shall benefit and be enforceable by the Authority and/or the City of Virginia Beach. The Zoning Administrator-of the City of Virginia Beach(the"Zoning Administrator") shall be vested with all necessary authority,on behalf of the Authority and City Council,to administer and enforce the Conditions and Restrictions,including the authority(a)to order,in writing,that any noncompliance with the Conditions and Restrictions be remedied,and(b)to bring legal action or suit to insure compliance 7 City of Virginia Beach Agenda Item 3 Page 12 1999 Deed of Restrictions & Conditions BK4023PGO190 with the Conditions and Restrictions, including mandatory or prohibitory injunction,abatement,damages,or other appropriate action,suit,or proceeding. 14. if aggrieved by any decision of the Planning Directoror the Zoning Administrator made pursuant to the provisions of the Conditions and Restrictions,the owner of all or any portion of the Property affected by such decision shall petition City Council for the review thereof prior to instituting proceedings in court. City of Virginia Beach Agenda Item 3 Page 13 Proposed Site Layout 1 for Y5 ` �fl Mount Trashmore Park51 196► \ /� tA16QG \ �•' Qj11 / COMMON AREA I �7 /61 �Q1 2 ►6 r AREA=1725 A SF \ '• Existing Bu' a OR 397 AC \I f /!,;.• 2'1 S 53.27'12' E 194 29(6517,0 ' ,-0� 0 i11•�. 211 I 2 / py 4,v0 MA4V7E0VANCi- A87, PO 64-65) m ;o h��� 10°�v,m PARCEL C-1 9�e �$i / GPIN: 1476-78-8445 I 3 I N0 ae0 F M (MB 287. PG 64-65) / I 1550 _ s UNIT 2 5T ° 6 4 pg GPIN.1476-7B-8445-0001 t� I / UNi 1 2A (N / AREA= ,451 A SF 0/ I g OR 7.451 AC PG, I N CPIN:t476-78-8445-0002 y1 0 / P� •�$� i° = 1 N 53'27.12' W 26026 590.26'(OA) 9 � ��f� /;O�i/ • 2u 4 _ 298.86' 350. ' UNIT 2B� N 03 P 1 0 b 1g 5a45-uJG3 •� I I 1p UNIT 3A I I I_ AREA.293,697 SF S 53-27'12' E 280.11' W� OR 6.742 AC z u+ !.D GPIN:1476-78-8445-0005 N NUNIT 38 �2A 1�76'87-0976 COMMON AREA III AREA-71,376 SF n � 1 c (� a AREA-24,305 SF OR 1 639 AC ^lit Nf/SCNO&CR FA48l Y, L.L.C. M PPS o OR 0.557 AC 1 GPIN:1476-78-8445-0004 ry-! 3 (OB 3587. PC 1w) h. (/8 PJ. PC 11) PY/&/C NIL17 n z COMMON AREA 2 EASYIEN7(M8 287, o AREA-26.748 SF = m PO 64-65) v' C? �71 AC 0 IR ,.� La N 53.28'S1 -- -- UB L19 L20 l21 10 88' (1 4 24.76' TO z `b J iO 51.8'S9' OB. '(p S 53'49'13-E J 4 4 .�11 910` SHORELINE COURT 1 071 t2 Holland Road City of Virginia Beach Agenda Item 3 Page 14 , �1 a r 4, p Site Photos City of Virginia Beach Agenda Item 3 Page 15 Site Photos i 1 Ulu . ` �,. Law City of Virginia Beach Agenda Item 3 Page 16 Disclosure Disclosure Statement Planning&Community Development Owner Disclosure Owner Name Michels Family LLC Applicant Name City of Virginia Beach Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business?N Yes ❑No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Paul V.Michels • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relatlonship 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 N 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(1)one business entity has a controlling ownership Interest in the other business entity,(ill a controlling owner in one entity is also a controlling owner in the other entity,or(ill)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship Include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities."See State and Local Government Conflict of interests Act,Va. Code§2.2-3101. Revised 11.09.1010 5 1 P a g e City of Virginia Beach Agenda Item 3 Page 17 Disclosure Disclosure Statement I/ M1M Planning&Community Development Owner Services Disclosure 1. Does the Owner have any existing financing(mortgage,deeds of trust,cross collaterali:ation,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 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. Divaris Real Estate,Inc.,Michael Divaris 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?IN Yes ❑No • If yes,identify the firm and individual providing the service. Baldwin Advisory LLC,Shirley Baldwin 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 It NO • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?❑Yes W 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 id NO • if yes,identify the firm and individual providing the service. Revised 11.09.2020 6(; ,- City of Virginia Beach Agenda Item 3 Page 18 Disclosure Disclosure Statement ID Planning&C4enmizrttti' l elopment 8. Is the Owner receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?N Yes ❑No . If yes,identify the firm and individual providing legal the service. Law Offices of David A.Greer PLC, David Greer 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 Paul V.Michels Print Name and Tins 2/29/24 Date Revised 11,09.2020 7 1 P a g e City of Virginia Beach Agenda Item 3 Page 19 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 757-385-5692. • 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 3 Page 20 i [ THIS INSTRUMENT PREPARED BY VIRGINIA BEACH CITY ATTORNEYS OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTIONS 58.1-811(Ax3) AND 58.1-811(C)(5)REIMBURSEMENT AUTHORIZED UNDER SECTION 25.1-418 SECOND AMENDMENT TO RECORDED CONDITIONS AND RESTRICTIONS THIS SECOND AMENDMENT TO RECORDED CONDITIONS AND RESTRICTIONS (the"Second Amendment")is made this j6 day of ,20xQ[by and between MICHELS FAMILY LLC, a Virginia limited liability company ("Michels"), T3 HOLLAND PROPERTY, LLC, a Virginia limited liability company ("73 Holland"), NEWPORT NEWS SHIPBUILDING EMPLOYEES' CREDIT UNION INC. DB/A BAYPORT CREDIT UNION, a Virginia corporation, successor in interest to membersTrust Credit Union ("Credit Union"), VIRGINIA NATURAL GAS, INC., a Virginia corporation ("VNG"), LAKEVIEW CORPORATE PARK CONDOMINIUM ASSOCIATION,a Virginia unincorporated association ("Association"), THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY, a political subdivision of the Commonwealth of Virginia ("Authority"), and the CITY OF VIRGINIA BEACH,a municipal corporation of the Commonwealth of Virginia(the"City").Each of the parties to this Second Amendment shall be indexed as both"Grantor" and "Grantee". GP IN s: 14 76-78-8445-0000 1476-78-8445-0001 1476-78-8445-0002 1476-78-8445-0003 1476-78-8445-0006 1476-78-8445-0007 1476-78-8445-0008 1476-78-8445-0009 1 RECITALS WHEREAS, Michels, T3 Holland, Credit Union, and VNG (collectively, "Property Owners"), are the sole owners of the land condominium units and common elements located in Virginia Beach, Virginia, that comprise the Lakeview Corporate Park Land Condominium (the "Condominium"),as designated and described in that certain declaration entitled"DECLARATION OF CONDOMINIUM OF LAKEVIEW CORPORATE PARK CONDOMINIUM", dated August 23, 2000, and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 4286,at Page 1226,as amended(the"Declaration"),and identified in Exhibit A attached hereto and incorporated herein by this reference(the"Property"); WHEREAS, the Association is the owners association created to operate, manage, and oversee the Condominium; WHEREAS,the City has entered into negotiations for the purchase of the land condominium units referred to in the Declaration as "Unit I", "Unit 2A", and"Unit 213",which units comprise a portion of the Condominium and are currently owned by Michels; WHEREAS,the Property is subject to certain conditions and restrictions("Restrictions")set forth in that certain Deed by and between the Authority, as grantor, and Michels, as grantee, and recorded among the land records of the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia(the"Clerk's Office"), in Deed Book 4023, at Page 183; WHEREAS, per its terms, the Restrictions may only be modified or amended with the approval of the Authority, review by the Planning Commission of the City of Virginia Beach(the "Planning Commission"), and the approval of the City Council for the City of Virginia Beach(the "City Council"); 2 ' r WHEREAS,the Restrictions were further amended by that certain Amendment to Recorded Conditions and Restrictions,dated April 21,2009,and recorded in the Clerk's Office as Instrument Number 20090716000824480("Amendment to Restrictions"); WHEREAS,there have been no further amendments to the Restrictions and the Amendment to Restrictions(collectively, the"Amended Restrictions"); WHEREAS,the Second Amendment modifies the Amended Restrictions to permit the City's proposed use of Units 1, 2A, and 2B as an office for the general registrar of voter registration and elections and a central absentee voter precinct, including but not limited to curbside and in-person voting,vote counting and review,public speech activities,education and training,off-street parking, pedestrian accessways,as well as other municipal,office,and warehouse purposes(collectively,the "Use"); WHEREAS,in order to proceed with its acquisition of Units 1,2A,and 2B,the City requires the Amended Restrictions be further amended to permit the Use, and the parties to this Second Amendment, all of whom are either burdened or benefited by the Amended Restrictions, and all of whom will benefit from the City's proposed amendments,have agreed to enter into and record an amendment to the Amended Restrictions, as set forth herein; and WHEREAS,the proposed amendment to the Amended Restrictions,as set forth herein,were reviewed and approved by (i) the Authority at its meeting held on e3qcCh 13 2024, (ii) the Planning Commission at its meeting held on , 2024, and(iii)the City Council at its meeting held on , 2024, all as required by the terms of the Amended Restrictions. NOW, THEREFORE, for and in consideration of the foregoing premises, the mutual covenants and conditions recited herein,and other good and valuable consideration,the receipt and 3 sufficiency of which are hereby acknowledged, the parties hereto, intending to be legally bound, hereby agree as follows: 1. The Recitals set forth above are incorporated herein by this reference. 2. All capitalized terms used herein and not otherwise defined shall have the meanings set forth in the Amended Restrictions. 3. The Amended Restrictions are hereby further amended as follows: Section 1 of the Restrictions is hereby deleted in its entirety and replaced as follows: "Only the following uses permitted under the present I-1 (Light Industrial)zoning classification for the City of Virginia Beach,Virginia shall be permitted on the Property: business, medical, financial, non-profit, professional and similar office buildings;eating and drinking establishments (without drive-through windows); printing, lithographic or publishing establishments; public buildings and grounds, public meetings, assembly uses;office,distribution,warehousing, and production studios and accessory uses. Additionally,the following uses shall be permitted on Units 1,2A, and 213: a full-service office of the general registrar for voter registration and elections, central absentee voter precinct, including without limitation curbside and in-person voting, vote counting and review, public speech activities, education and training, off-street parking, and pedestrian accessways, as well as other municipal, office, and warehouse purposes. Additionally,the following uses shall be permitted on Units 313-1 and 313-2:a full-service financial institution with drive-throughs and ATMs." 4 A comparison of the amended version of Section 1 of the Restrictions with the prior version is attached hereto as Exhibit B. 4. Except as expressly amended herein, the provisions of the Amended Restrictions remain in full force and effect. 5. Each of the parties to this Second Amendment represents and warrants that it has full power and authority to execute and deliver this Second Amendment and that any necessary consents or approvals in connection therewith have been obtained. 6. This Second Amendment shall be binding upon the successors and assigns of the Property Owners,the Association, the Authority, and the City. 7. This Second Amendment may be executed in one or more counterparts and all such executed counterparts shall contain one agreement binding on all the parties hereto. 8. This Second Amendment shall be recorded in the Clerk's Office and shall be effective upon its recordation. [REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] 5 WITNESS the following signatures and seals: MICHELS FAMILY LLC,a Virginia limited liability company By: f SEAL) Name: Title: COMMONWEALTH OF VIRGINIA CITY OF VI'IQ hjCj & Qj'�j ,to-wit: The foregoing instrument was acknowledged before me this day of I , 20LL4_ , by__R2U1 M Chf,V:� , as the d i'►gCfpv of Michels amily LLC, a Virginia limited liability company, on its behalf. He or she is personally known to me, or has produced Vj jj(AjjSdis identification. My Commission Expires: NOTARY P LIC My Registration Number: 1 S CHRISTY FAITHFUL LINK NOTARY PUBLIC REGISTRATION B 7852755 COMMONWEALTH OF VIRGINIA MY COIS I N EXPIRES 6 E' , `Illlllllf/flf, o�P NEWPORT NEWS SHIPBUILDING Q:' P����G �52'•4` = EMPLOYEES' CREDIT UNION D/B/A AEG #1 VNSOS : z _ BAYPORT CREDIT UNION, a Virginia corporation cam•. �4 0,WEh 1111. BY' JU_/?d (SEAL) N Titl COMMONWEALTH OF VIRGINIA CITY OF �gmof--\ ws , to-wit: The foregoing instrument was acknowledged before me this $' day of , 20?,4 ,by T�+�n�{� �y�� ,as the C,00 of Newport News Shipbuilding Employees' Credit Union d/b/a Bayport Credit Union, a Virginia corporation, on its behalf. He or she is personally known to me, or has produced k lips✓Y\ as identification. NO RY PUBLIC My Commission Expires: 3�� 2c�� My Registration Number: 7 by !r Z 7 T3 HOLLAND PROPERTY, LLC, a Virginia limited liability company By: (SEAL) Name: Title: 1 at na cte�' COMMONWEALTH OF yIRGINIA CITY OF r in,Q b,90 C(1 ,to-wit: r-4- The foregoing instrument was acknowledged before me this_`day of M(A rch , 20A , byThomaS+4.f}}ure p n , as the Y1A f T3 Hol and Property, LLC,a Virginia limited liability company,on its behalf r she isfperionallyLn0_wito me,or has produced as identification. C4 OTARY P LIC My Commission Expires: 5—3)-at)?,5 My Registration Number: rjrj 77 910 APR .pG•. -� Z ;2 C*755�:���Q�� FA L;F1,OF.�. 8 VIRGINIA NATURAL GAS, INC., a Virginia corporation By: (SEAL) Name: Title: V< 2 s COMMONWEALTH OF VIRGINIA CITY OF U (`!a i 0. aC,� , to-wit: 14 The foregoing instrument was acknowledged before me this_j day of 20 , by �►,b 4 t�Sl,e s the ' of Virginia Natural Gas, Inc., a Virginia corporation, on its behalf. He or she is personall own tom or has produced as identification. NOTARY PUBLIC My Commission Expires:1��`3 � - �, My Registration Number:`I Q 3 WREN DA, • Y o R, OF 9 LAKEVIEW CORPORATE PARK CONDOMINUM ASSOCIATION, a Virginia unincorporated association By: (SEAL) Name: ytall Title: COMMON EALTH OF VIRGINIA CITY OF I Y1 ,to-wit: The foregoing instrument was acknowledged before me thisday ofy� ( , 202q, by (Al Mie I S , as the I%p t^�1� of Lakeview Corporate Park Condominium Association, a Virginia unincorporated association, on its behalf. He or she is personally known to me, or has produced ADJyeYS j,j0(h5eas identification. Q40,A—A�- _ i- ��� NOTARY PU161 IC My Commission Expires: -n My Registration Number: Ec HRISTY FAITHFUL LINK NOTARY PUBLIC REGISTRATION#7852755 MMONWEALTH OF VIRGINIA Y CO $ I N EXPIRES 10 a. THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY, a political subdivision of the Commonwealth of Virginia h 1 By: ��� (SEAL) A ST: Name: Title: Chair/Vice Chair I Se / ssistant Secretary KAYLA SLAKE DOTSON NOTARY PUSUC REG.87%2062 COMMONWEALTH OF VIRGINIA COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES JUNE 30,2025 CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of Mafidrs 20 q by L ,glaij:/Vice Chair of the City of Virginia Beach Development Authority, a pofiticd subdivision of the Commonwealth of Virginia, on its behalf. NOTARY PUBLIC My Commission Expires: -Tufte 30 21 5 My Registration Number: �._ 7KAyLAOTSON BLIC 062COMMONWEALTH OF VIRGINIA OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: MY CES JUNE 30,2025 The foregoing instrument was acknowledged before me this 2,j� day of [VIM- , 20_2y_, by 1Q ' e , Secretary/Assistant Secretary of the City of Virginia Beach Development Autho ty, a political subdivision of the Commonwealth of Virginia, on its behalf. _ NOTARY UBLIC My Commission Expires: 3,Ap My Registration Number: 1� ( 20 C Z APPROVED AS TO LEGAL APPROVED AS TO CONTENT SUFFICIEN rINAU-- CITY ATTO Y Cl�,CONOMIC EV L NT 11 ATTEST: CITY OF VIRGINIA BEACH, a Virginia municipal corporation i (SEAL) Ci er Authorized Des- Cify Manager/Authorized Designee COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this 5rtll day of , 20IL4 , by 1'h+6cxA• lq , City Manager/Authorized Designee of the City Manager for the City of Virginia Be5NOYVAR Virginia municipal corporation, on its behalf. PUB My Commission Expires: � -�-Z.C)2�j My Registration Number: 4 t-7 Lauren Elizabeth Hopkins NOTARY PUBLIC Commonwealth of Virginia Reg. #7914587 COMMONWEALTH OF VIRGINIA My Commission Expires idoveTiber 30,2o2 CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of 20 ?S-� , by City Clerk/Authorized Designee of the City Clerk for the City of Virginia Beach, a Virginia municipal corporation, its behalf. OTARYPUBL My Commission Expires: -3p - Zv LS Lauren Elizabeth Hopkins My Registration Number:^191'L45` -I NOTARY PUBLIC Commonwealth of Virginia Reg. #7914587 My Commission Expires November 30,20_ APPROVED AS TO LEGAL APPROVED AS TO CONTENT SUFFICIENCY PUf3LIC WORKS/ AL ESTATE 12 EXHIBIT A ALL THOSE certain condominium units, together with all buildings and improvements thereon, belonging, lying and being situated in the City of Virginia Beach, Virginia and being designated and described as "N/F MICHELS FAMILY LLC (DB 4023, PG 183) UNIT 1 (DB 4286, PG 1226) (MB 289, PG 10) GPIN: 1476-78-8445-0001","N/F MICHELS FAMILY LLC(DB 4023,PG 183)UNIT 2A (MB 289,PG 10)GPIN: 1476-78-8445-0002","N/F MICHELS FAMILY LLC(DB 4023, PG 183) UNIT 2B (DB 4286, PG 1226) (MB 289, PG 10) GPIN: 1476-78- 8445-0003","UNIT 3A-1 GPIN: 1476-78-8445-0008 AREA=87,888 SF OR 2.017 AC","UNIT 3A-2 GPIN: 1476-78-8445-0009 AREA=205,809 SF OR 4.725 AC", "N/F MEMBERSTRUST CREDIT UNION (INST #20090716000824500) UNIT 313-1 (INST #20090810000933810) GPIN: 1476-78-8445-0007", "N/F T3 HOLLAND PROPERTY, LLC (INST #20090915001089400) UNIT 313-2 (INST #20090810000933810) GPIN: 1476-78-8445-0006", as shown on that certain plat entitled"LAND CONDOMINIUM PLAT OF UNIT 3A"CONDOMINIUM PLAT OF LAKEVIEW CORPORATE PARK CONDOMINIUM (MB 289, PG 10) VIRGINIA BEACH,VIRGINIA",dated October 27,2009,prepared by MSA,P.C., and duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument Number 20091105001291660, and as further designated and described in that certain declaration entitled"DECLARATION OF CONDOMINIUM OF LAKEVIEW CORPORATE PARK CONDOMINIUM", dated August 23, 2000, and recorded in the aforesaid Clerk's Office in Deed Book 4286, at Page 1226, as amended from time to time (hereinafter referred to as the "Declaration"), together with an undivided interest in the common elements, all as more particularly described and allocated in the Declaration. 13 EXHIBIT B A comparison of the amendment with the previous version of Section I of the Restrictions is as follows: Only the following uses permitted under the present I-1 (Light Industrial) zoning classification for the City of Virginia Beach, Virginia shall be permitted on the Property: business, medical, financial,non-profit,professional and similar office buildings;eating and drinking establishments (without drive-through windows); printing, lithographic or publishing establishments; public buildings and grounds, public meetings, assembly uses; office, distribution, warehousing, and production studios and accessory uses. Additionally, the following uses shall be permitted on Units 1, 2A, and 213: a full-service office of the general registrar for voter registration and elections, central absentee voter precinct, including without limitation curbside and in-person voting, vote counting and review, public speech activities, education and training, off-street parking and pedestrian accessways, as well as other municipal, office, and warehouse purposes. Additionally, the following uses shall be permitted on TTt B Units 313-1 and 313-2: a full-service financial institution with drive-throughs and ATMs. 14 Virginia Beach Planning Commission May 8, 2024, Public Meeting Agenda Item # 3 City of Virginia Beach— Lakeview Corporate Park RECOMMENDED FOR APPROVAL- CONSENT Mr. Anderson: Okay, thank you. This is for Modification of Conditions, Amended of Conditions and Restrictions. The applicants request to modify Section 3B of the 2009 Amended Conditions and Restrictions to allow for the operation of an office of Voter Registrar and Central Absentee Precinct is acceptable except for changes to the section below the remainder of the deed of conditions, and restrictions will remain in effect. Section 3(b) of the 2009 amendment conditions, and restrictions is hereby delated in its entirety, and replaced as follows. Only the following use is permitted under the present Light Industrial Zoning Classification for the City of Virginia Beach, Virginia, shall be permitted on the property, businesses, medical, financial, non-profit, professional, similar office buildings, eating, drinking establishments without drive thru windows, printing, lithographic, or publishing establishments, public buildings and grounds, public meetings, assemblies, uses, office distribution, warehousing, and production studios, and accessory uses. Additionally, the following uses shall be permitted on Units 1, 2A, and 2B, a full service office of the General Registrar for Voter Registration and Elections, Central Absentee Voter Precinct, including without limitations curb side, and in person voting, vote counting, and review public speech activities, education, and training, off street parking pedestrian access ways, as well as other municipal office, and warehouse purposes. Additionally, the following uses shall be permitted on Units 313-1, and 313-2, a full service financial institution with Drive Thru, and ATMs. For this, the staff recommendation as for approval and the commission has asked it to be put on consent. Ms. Cuellar: Thank you very much, Commissioner. Mr. Chairman, that was the last item on the consent agenda. The Planning Commission places the following applications on the consent agenda. Items number 1, 2, 3. 4,6, 7, 9, and 10. Mr. Alcaraz: All right, thank you. Do I have a motion to approve. Ms. Cuellar: I move that these items be approved by consent. Mr. Alcaraz: Okay. Mr. Plumlee: I second. Mr. Alcaraz: Second by Mr. Plumlee. Clerk: By a vote of 11:0, Agenda Items 1, 2, 3, 4, 6, 7, 9, and 10 have been recommended for approval. AYE 11 NAY 0 ABS 0 ABSENT 0 Alcaraz AYE Anderson AYE B ler AYE Cromwell AYE Coston AYE Cuellar AYE Estaris AYE Hi en AYE Mauch AYE Parks AYE Plumlee AYE CONDITIONS 1. Prior to operation of the proposed use, the Amended Deed of Conditions and Restriction shall be recorded with the City of Virginia Beach Clerk of Circuit Court. 1 O Q� Q : o [R}10J J Ce-R o � ° �R10 o IR20 v \. o rolo 0 0 / 0 0 R20 cR 10 0 N ® Site W E -- Property Polygons Milestone Manor, LLC S Zoning 4925 Providence Road Building Feet 0 3570 140 210 280 350 420 Nwee;� rye /i1 C y J� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: MILESTONE MANOR, LLC [Applicant] CALVARY ASSEMBLY OF GOD [Property Owner] Conditional Use Permit (Day-care Center in a Religious Use) for the property located at 4925 Providence Road (GPIN 1466928004). COUNCIL DISTRICT 1 MEETING DATE: June 4, 2024 ■ Background: The applicant is requesting a Conditional Use Permit (CUP) to operate a day-care center within an existing 12,000-square-foot church. The applicant was unaware of the need for a CUP and has been operating at this location since August 2021. The day-care currently has 35 children, ages 5 to 12, enrolled in the program and the applicant is requesting to increase this number to 40 with this use permit. Parents can elect to send their children on a full-time (Monday through Friday) or part-time (Tuesday & Thursday) basis. While children are provided instruction and tutoring services in core subjects and electives, the instruction is meant to supplement rather than replace a child's education. As such, parents are required to submit a Notice of Intent to Home Instruct prior to full-time enrollment. On-site facilities used by the day-care include a classroom, a multi-purpose room and full kitchen, gymnasium for indoor play, and soccer fields on the southern half of the property for outdoor play. Hours of operation are 8:00 a.m. to 4:30 p.m. The center has 5 employees. ■ Considerations: Staff believes that a day-care within an existing religious use is acceptable as it is compatible with the adjacent residential neighborhoods and utilizes space that is unoccupied outside of the typical hours for the church. Although this day-care provides elective and select core-subject tutoring, this does not meet the definition of a private school per the City's Zoning Ordinance, since private schools must have a curriculum similar to that of a public school, which this day-care does not. There is ample parking on site and staff does not anticipate a substantial increase in traffic along Providence Road. 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. Milestone Manor, LLC Page 2 of 2 ■ Recommendation: On May 8, 2024, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 11-0. 1. There shall be no more than 40 children enrolled in the facility at any one time; however, the ultimate occupant load for the Day-care Center shall be established by the City of Virginia Beach Fire Marshal's Office, but at no point shall the total number exceed 40 children. 2. The applicant shall obtain all the necessary permits, inspections, and approvals from the Department of Social Services, the Fire Department, and the Permits and Inspections Division of the Department of Planning & Community Development before occupancy of the building. A Certificate of Occupancy for the use shall be obtained from the Permits and Inspections Division of the Department of Planning & Community Development. 3. In order to comply with Section 240.1 of the Zoning Ordinance for signage for Religious Uses in residential districts, no more than two freestanding signs, one at each entrance, shall be permitted on the property. 4. Subdivision of any of the property that has been identified as within the Conditional Use Permit (CUP), shall require a modification of the CUP to remove such property from the purview of the CUP. ■ 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 Chi/ City Manager: Applicant • Manor, PropertyOwner Calvary Assemblyof • • Planning Commission Public Hearing May 8, 2024 7 V, B Council Virginia Beach Request Conditional Use Permit (Day-care Center in Religious Use) 7'1?0P'CAL Cr �O8 Staff Recommendation 4L A"wio,Q �`'�e° �'r �Oy� Approval "4'"oRo Ne'4"' `'0NO9 %1- % R � 4 NF�q .p r 0*1&4 wAY O sT Staff Planner : "oa �4 W o Rachael Miller 5 Location u O A''�OR 4925 Providence Road AFRO GPIN A# 1466928004 arm �r Site Size o 8.24 acres AICUZ a Less than 65 dB DNL `N4,�o RAH RD �N Watershed < Southern Rivers Existing Land Use and Zoning District Religious Use/ R-10 Residential �.w : G, {PQ; 'f Surrounding Land Uses and Zoning Districts North ,. '. �. Providence Road Single-family dwellings, public school/ R-10 • `� yA .Residential South Single-family dwellings, soccer fields/R-10 Residential :(� ' J • East Single-family dwelling/ R-10 Residential West Single-family dwellings/ R-10 Residential Milestone Manor, LLC Agenda Item #7 Page 1 Background & Summary of • . • • The applicant is seeking a Conditional Use Permit to operate a day-care center within an existing 12,000 square foot church located on this 8.24-acre R-10 Residentially zoned parcel. • A Notice of Violation (NOV)was issued by the Zoning Division on January 29, 2024, for operating what was initially considered to be a private school in a Residential District.The applicant, Milestone Manor, LLC,was unaware that operation of a day-care center or child care education center within a religious use required a Conditional Use Permit within the R-10 Zoning District. Upon receipt of the NOV,the applicant promptly filed a Conditional Use Permit application with the Planning Department to rectify the violation. • Upon further discussion with the applicant, it was determined by the Zoning Administrator the operation constituted a day-care within an existing religious use rather than a private school since the curriculum was not similar to that of a public school, nor is the applicant responsible for the education of the children. • In 1972, a Conditional Use Permit for a church was approved for the subject site. In 1983 and 1985,two additional Conditional Use Permits were approved for the operation of private school and preschool, respectively. As a condition of approval,the owner/applicant was required to file an extension for both the private school and preschool use permits every two years, or the permits would no longer be valid. Since an extension request has not been made since 1987, both permits are void. Another Conditional Use Permit approved in 2000, permitted the addition of a two-story"family life center" on site, which contains classrooms,offices, and a gymnasium. In 2011, a Conditional Use Permit was approved for the subject site to operate youth soccer summer camps and provide practice space for youth soccer clubs. • Care is currently provided to approximately 35 children ranging from the age of 5 to 12 and is offered on either a part-time or full-time basis.The applicant is expecting the daycare to reach 40 children in the next enrollment cycle. There are five employees on staff. • Enrolled children attend "elective" classes and are offered tutoring services. Since the provided services are intended to be a supplement to rather than a replacement of public, private,or homeschool instruction, all parents must file a Notice of Intent to Home Instruct fef prior to full-time enrollment. Children are separated by age groups and switch activities every forty-five minutes.The existing kitchen on site is used for meal prep and students eat meals and snacks in a multipurpose room on-site. Recess time is held inside the gymnasium and outside within the unfenced soccer fields with adult supervision. • Operating hours are from 8:00 a.m.to 4:30 p.m. Monday through Friday with before and after-sc-fieef hours care from 8:00 a.m.to 9:00 a.m. and 3:00 p.m.to 4:30 p.m., respectively. 9:00 a.m.to 3:00 p.m. are standard hours of operation for the day-care services. • The property owner, Calvary Assembly of God, hosts a service on Wednesday nights and two services on Sunday, outside of the operating hours for Milestone Manor. Milestone Manor, LLC Agenda Item #7 Page 2 10 Zoning History R'o R ° -,.( # Request 1 CUP(Outdoor Recreational Facility)Approved 07/05/2011 R1 CUP(Church Addition)Approved 09/26/2000 CUP(Preschool)Approved 05/13/1985 CUP(Private School)Approved 06/13/1983 CUP(Church)Approved 05/08/1972 3 I' 2 CUP(Daycare in Religious Use)Approved 01/09/1996 CUP(Church—Self Standing)Approved 07/07/1992 R2o CUP(Private School)Approved 11/14/1988 R ° CUP(Synagogue)Approved 09/10/1984 CUP(Synagogue)Approved 09/06/1983 W �, ° 3 CUP(Church Addition)Approved 03/28/2000 CUP(Private School)Approved 06/25/1990 R; R,o CUP(Church)Approved 01/09/1981 4 SVR Approved 10/19/1987 Application Types CUP—Conditional Use Permit MDC—ModificationofConditions 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 STIR—Short Term Rental Evaluation . Recommendation In Staff's opinion, this request for a Conditional Use Permit to operate a day-care in a religious use is acceptable. This property falls within the Suburban Area, as defined in the Comprehensive Plan, which recommends that non-residential developments within the Suburban Area are complementary to existing residential areas. Staff finds the property to be capable of adhering to the guiding principles and is able to successfully promote the Comprehensive Plan's policies for creating and maintaining the "Great Neighborhoods" principle. It is anticipated that minimal traffic will be generated by the addition of a day-care with a capacity of 40 children to this site. The anticipated drop off and pick up times are 8:45 a.m. and 3:00 p.m. However, parents have the option to drop off or pick up students as early as 8:00 a.m. or as late as 4:30 p.m. if they sign up for additional before or after care. The staggered pick up and drop off times will help reduce any traffic congestion generated from this site, and as confirmed by the City's Traffic Engineering staff, is already minimal. Based on these considerations,Staff recommends approval of these applications, subject to the conditions listed below. Recommended Conditions 1. There shall be no more than 40 children enrolled in the facility at any one time; however,the ultimate occupant load for the Day-care Center shall be established by the City of Virginia Beach Fire Marshal's Office, but at no point shall the total number exceed 40 children. 2. The applicant shall obtain all the necessary permits, inspections, and approvals from the Department of Social Services,the Fire Department, and the Permits and Inspections Division of the Department of Planning& Community Development before occupancy of the building. A Certificate of Occupancy for the use shall be obtained from the Permits and Inspections Division of the Department of Planning&Community Development. 3. In order to comply with Section 240.1 of the Zoning Ordinance for signage for Religious Uses in residential districts, no more than two freestanding signs, one at each entrance, shall be permitted on the property. Milestone Manor, LLC Agenda Item #7 Page 3 4. Subdivision of any of the property that has been identified as within the Conditional Use Permit(CUP), shall require a modification of the CUP to remove such property from the purview of the CUP. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations The Comprehensive Plan designates the subject property as being within the "Suburban Area".The established guiding principles of the Suburban Area are enabled to protect the stability of the Suburban Area while providing guidance for creating vibrant and distinctive places.The primary guiding principle, to create and maintain "Great Neighborhoods", looks for non-residential uses to be complementary to the existing neighborhood.The proposed mixed-use nature of this site is acceptable as it maintains neighborhood stability and provides residents with a diversity of options for child day-care. Natural & Cultural Resources Impacts The site is located in the Southern Rivers Watershed.There does not appear to be any significant natural or cultural features associated with this site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Providence Road 12,950 ADTl 12,500 ADT 1(LOS 4"D„ Existing Land Use 2-No Data Available Proposed Land Use 3-163 ADT 'Average Daily Trips 2 as defined by a church 3 as defined by a church with a 40- 4 LOS=Level of Service child daycare center Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Providence Road, in the vicinity of this application, is considered a two-lane undivided urban minor arterial road. The MTP lists this segment of Providence Road as an ultimate four-lane facility within a 110'-foot right-of-way. No roadway CIP projects are slated for Providence Road. Public Utility Impacts Water & Sewer The site connects to City water and sanitary sewer. Milestone Manor, LLC Agenda Item #7 Page 4 Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on April 8, 2024. • As required by State Code,this item was advertised in the Virginian-Pilot on Wednesdays,April 24, 2024 and May 1, 2024. • 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 22, 2024. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of https://virginiabeach.gov/pc on May 2, 2024. City Council • As required by City Code,this item was advertised in the Virginian-Pilot on Tuesdays, May 21, 2024 and May 28, 2024. • As required by City Code,the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on May 20, 2024 • The City Clerk's Office posted the materials associated with the application on the City Council website of https:Hclerk.virginiabeach.gov/city-council on May 31, 2024. Milestone Manor, LLC Agenda Item #7 Page 5 Site Layout 10 IL no Milestone Manor, LLC Agenda Item #7 Page i �,• ._; ! § � ';�� . 1.- AIL . v At- IAW 40 I. fat - ` � � � -�"'•�WK �. � .. Classrooms* Multi-Purpose Room •�� PPP . ' 1 & Kitchen 6 � I • 141 . 7 Outdoor Recess ' 4 ..41 •. II�r 14 � � Site Photos 41, SJ x �Y pCY 0 a� 7 : S.. 3 r. Site Photos yam' Y � ysr � o r i-a'��S' �N t{�„� .�, ... aaJJ •rm'A �, K�+Y .:�ry� y.. ,��..:43`} Y _ �f : _ ..<'�w.• j, �«�i'.�}..,.ti�.�..;Nr'FiX-,rt��FfSffl�� ���.f"'�a',s..� •�, r /e. _ .... t Milestone Manor, LLC Agenda Item #7 Page 9 Site . • • i - SEAR, a ' - Milestone Manor, LLC Agenda Item #7 Page 10 Disclosure Disclosure Statement Planning&Community Development _ The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for all applications that pertain to City real estate matters or to the developme Virginia Beach requiring action by the City Council or a City board,commission or other body. Applicant Disclosure Applicant Name N kI Does the applicant have a representative?I_IYes ❑NO If yes,list the name of the representative. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business7�(Yes ❑ No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) NLtAf I i"t. �C-ttl if_f k� -- • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list If necessary) NIA '"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,(11)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 ' P a g e Milestone Manor, LLC Agenda Item #7 Page 11 Disclosure Disclosure Statement Planning&Community Development Known Interest by Public Official or Employee Does an official or employee of the aty of Virginla 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 Imortgage,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 VO • 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 �4o • 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 XNO • If yes,Identify the firth 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 '1KNo • If yes,Identify the firm and individual providing the service. S. Is there any other pending or proposed purchaser of the subject property?❑Yes 'KN0 • If yes,identify the purchaser and purchaser's service providers. Revised 11.09.2020 2 1 P a'P e Milestone Manor, LLC Agenda Item #7 Page 12 Disclosure Disclosure Statement VB aty evWbis 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 KNO • 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 XNo • 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. �l Applicant Slin4ture Print Name and Title 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 me- that pertal ns to the applications No changes ss of Date 5/1 4/2O24 slgnaturc Print Name Rachael Miller Revised 11.09.2020 3 1 P a g e Milestone Manor, LLC Agenda Item #7 Page 13 Disclosure Disclosure Statement c" smt Planning&Community Development Owner Disclosure Owner Name V14L1Vwl� a �,1iSSn�►kt�l*i 1Q� (�'c>I� •Applicant Name 1 Q� � lviG` f����, LU Is the Owner a corporation,partnership,firth,business,trust or an unincorporated business?0 Yes ❑No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) �-�VaN 1tsL I� Go� �N r1 �tQl?:P�E2 • 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 bV 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 2-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(ill)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entitles share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.2020 5 I P a e e Milestone Manor, LLC Agenda Item #7 Page 14 Disclosure Disclosure Statement Planning&Community Development Owner Services Disclosure 1. Does the Owner have any existing financing(mortgage,deeds of trust,cross-collaterali:ation,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? E9 Yes ❑No • If yes,identify the financial institutions providing the service. E- IS`riNG- W D12-rGA0,& - ,Asst--fNVbUG'- of C-o,a 2. Does the Owner have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes M 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 i 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 VINO • If yes,identify the firm and individual providing the service. S. Is there any other pending or proposed purchaser of the subject property?❑Yes 0 No • If yes,identify the purchaser and purchaser's service providers. 6. Does the Owner have a construction contractor In connection with the subject of the application or any business operating or to be operated on the property?❑Yes ENO • 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 dNo • If yes,Identify the firm and individual providing the service. Revised 11.09.2020 6 1 P a g e Milestone Manor, LLC Agenda Item #7 Page 15 Disclosure Disclosure Statement cftr1 &-ch - Fy 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 19'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. 7� 43 1 ,1.) �► Owner Signature -- Print Name and Title A- LI Zal�4 Deft Revised 11.09.2020 7 1 P a g c Milestone Manor, LLC Agenda Item #7 Page 16 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-5692. • 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 Manor, LLC Agenda Item #7 Page 17 Virginia Beach Planning Commission May 8, 2024, Public Meeting Agenda Item # 7 Milestone Manor, LLC RECOMMENDED FOR APPROVAL- CONSENT Ms. Cuellar: Thank you very much. The next item is item number 7, Milestone Manor, LLC. Is there a representative here today? Welcome, and can you please state your name for the record? Ms. Petroskey: Yes, my name is Natalie Petroskey, and I'm representing Milestone Manor. Ms. Cuellar: Thank you very much, and are the conditions acceptable to you? Ms. Petroskey: Yes ma'am. Ms. Cuellar: Fantastic. Is there any opposition to this item being placed on the consent agenda? Hearing none, thank you for coming. You may be seated, and I've asked Commissioner Estaris to read this into the record. Ms. Estaris: Thank you. The applicant is seeking a Conditional Use Permit to operate a Day-care Center with an existing 12, 000 square foot church located on 8.24 acre R-10 residentially zoned parcel. The application was filed in response to a Notice of Violation issued on January 29, 2024 for operating what was initially considered to be a private school in a residential district. Upon further discussion with the applicant it was determined by the Zoning Administrator, the operation was constituted as a daycare within an existing religious use rather than a private school. Care is currently provided to approximately 35 kids. It is recommended the total not to exceed 40, and in the Staffs opinion this request for a Conditional Use Permit to operate a day-care in a religious use is acceptable. It is anticipated that minimal traffic will be generated by the addition of a day-care with a capacity of no more than 40 children to this site. The proposal has been approved by the Planning Staff, and the applicant accepted the conditions, and no public opposition, it is our recommendation to submit to the consent agenda. Ms. Cuellar: Thank you very much, Commissioner. Mr. Chairman, that was the last item on the consent agenda. The Planning Commission places the following applications on the consent agenda. Items number 1, 2, 3. 4,6, 7, 9, and 10. Mr. Alcaraz: All right, thank you. Do I have a motion to approve? Ms. Cuellar: I move that these items be approved by consent. Mr. Alcaraz: Okay. Mr. Plumlee: I second. Mr. Alcaraz: Second by Mr. Plumlee. Clerk: By a vote of 11:0, Agenda Items 1, 2, 3, 4, 6, 7, 9, and 10 have been recommended for approval. AYE 11 NAY 0 ABS 0 ABSENT 0 Alcaraz AYE Anderson AYE B ler AYE Cromwell AYE Coston AYE Cuellar AYE Estaris AYE Hi en AYE Mauch AYE Parks AYE Plumlee AYE CONDITIONS 1. There shall be no more than 40 children enrolled in the facility at any one time; however, the ultimate occupant load for the Day-care Center shall be established by the City of Virginia Beach Fire Marshal's Office, but at no point shall the total number exceed 40 children. 2. The applicant shall obtain all the necessary permits, inspections, and approvals from the Department of Social Services, the Fire Department, and the Permits and Inspections Division of the Department of Planning & Community Development before occupancy of the building. A Certificate of Occupancy for the use shall be obtained from the Permits and Inspections Division of the Department of Planning & Community Development. 3. In order to comply with Section 240.1 of the Zoning Ordinance for signage for Religious Uses in residential districts, no more than two freestanding signs, one at each entrance, shall be permitted on the property. 4. Subdivision of any of the property that has been identified as within the Conditional Use Permit (CUP), shall require a modification of the CUP to remove such property from the purview of the CUP. o 0 AG2 IRS R20 R�20In ov 01 Q11100 dUU _ Badge' don R20 3 AG2 P 101 P1 �= AG2 0 � O ^ a /R,10 /R,- R1r0Z R�1�0 Q R1-0 • N ® Site W E Property Polygons Michele Cleland s Zoning 2285 London Bridge Road Building Feet 0 3570 140 210 280 350 420 H °Etcyyg CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: MICHELE CLELAND [Applicant & Property Owner] Conditional Use Permit (Wildlife Rehabilitation Center) for the property located at 2285 London Bridge Road (GPIN 2405606502). COUNCIL DISTRICT 5 MEETING DATE: June 4, 2024 ■ Background: The applicant is requesting a Conditional Use Permit to operate a Wildlife Rehabilitation Center on an approximately three-acre parcel zoned AG-2 Agriculture. The applicant currently holds a Category IV Wildlife Rehabilitation Permit from Virginia Department of Wildlife Resources (VDWR) and has volunteered as a wildlife rehabber for six years. She plans to rehabilitate native avian species at the proposed facility. Upon receiving a Conditional Use Permit, the applicant will apply for a Category I permit from VDWR and a Wildlife Rehabilitator Permit from U.S. Fish & Wildlife Service (USFWS). The permit from USFWS is required when rehabilitating migratory birds. For the first two years as a Category I permittee, the applicant will rehabilitate orphaned avians (e.g., ducklings, goslings, etc.). Eventually, the applicant intends to rehabilitate injured birds. There are two existing outdoor walk-in aviaries on the property that will be used, and any future aviaries would be located in the same general area on the property. The applicant will operate this facility as an individual with occasional volunteer support; it will not be open to the general public. A sponsoring veterinarian is required by State and Federal regulations to provide medical care for any injured or ill animals; a letter from the applicant's sponsoring veterinarian is on file with the Department of Planning & Community Development. No releases will occur on site. ■ Considerations: This property is in a corridor of London Bridge Road that maintains an agricultural character; notably, it is close to Hunt Club Farm. The proposed use is low impact and is compatible with similar by-right agricultural uses such as the keeping of fowl and other livestock. The applicant has six years of experience as a wildlife rehabber and maintains a certification with the International Wildlife Rehabilitation Council. The enclosures proposed by the applicant are appropriate for the kind of care provided to wildlife and are subject to inspection by VDWR. Animals will be released off-site and as soon as they are of an age and condition to be released. Additionally, the USFWS restricts the amount of time that migratory birds may be held to no more than 180 days and all birds must be released once recuperated. Michele Cleland Page 2of3 While no individual will be on site at all hours, the applicant has plans to install video monitoring of the site and the enclosures. She lives within a mile of the site and has a sponsoring veterinarian and will be able to respond to any emergencies quickly. The applicant received a letter of support from Hunt Club Farm and the Pine Ridge Civic League, as well as a 26-signature petition of support from residents of the Pine Ridge neighborhood. 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 May 8, 2024, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 11-0. 1 . This Conditional Use Permit only permits rehabilitation of avians. A modification of conditions shall be required to permit rehabilitation of small mammals or other animal species. 2. The applicant shall comply with all the provisions of Section 242.4 of the City Zoning Ordinance (CZO) pertaining to a Wildlife Rehabilitation Facility. 3. The applicant shall comply with all provisions established for wildlife rehabilitation by the Virginia Department of Wildlife Resources and U.S. Fish and Wildlife Service. 4. The application shall comply with all rabies immunization protocols as established for wildlife rehabilitation by the Virginia Department of Wildlife Resources as required. 5. The applicant shall post and maintain a sign with contact information in case of emergencies for the operator. 6. The applicant shall maintain a sponsorship from a veterinarian that can provide veterinary services for diseased or injured animals. 7. The portion of the property in which aviaries or other wildlife containment are located shall be enclosed with a fence at least 48 inches tall. 8. The site shall be gated or otherwise secured when the operator or other volunteers are not present on site. 9. No animals shall be dropped-off between the hours of 10:00 p.m. and 7:00 a.m. 10.No animals shall be released at the subject site or within the neighborhood. 11.Animal waste shall be removed daily and disposed of in a lawful manner. Michele Cleland Page 3 of 3 12.All animals shall be properly and humanely contained within the pre-release structure(s). Animals shall not be allowed to roam freely out of these structures at any time. If any animal does escape, the City of Virginia Beach Animal Control Department shall be notified immediately. 13.Subdivision of any of the property that has been identified as within the Conditional Use Permit (CUP), shall require a modification of the CUP to remove such property from the purview of the CUP. 14.The existing driveway access from London Bridge Road on the eastern side of the property shall only be used by emergency vehicles and shall otherwise be blocked for use by vehicles (e.g., gated) in accordance with standards and requirements of the Fire Mashal Office. Non-emergency vehicular ingress and egress shall only be from the shared entrance on London Bridge Road where there is an existing access easement. 15.Structures on the property, including animal enclosures and excluding fencing, shall have a minimum front yard setback of 50 feet. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Letters of Support (3) Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department ��y1 City Manager: Applicant &Owner Michele Cleland Agenda Item Planning CommissionPublic Hearing May 8, 2024 CouncilB City C l I 11 r',T 6 Virginia Beach Request Conditional Use Permit (Wildlife Rehabilitation Center) Staff Recommendation u Approval �mZ Staff Planner Elizabeth Nowak F� Location 2285 London Bridge Road Q GPIN EDMENTON DR w y 2405606502 WIND BRANCH CIR O ,f Site Size ` o �� ±3 acres i WN°Y Pµe50N yQP Jay r A I C U Z s GREY FOX L N 70-75 dB DNL Watershed Southern Rivers Existing Land Use and Zoning District NQQ Vacant/AG-2 Agricultural �_ • Surrounding Land Uses and Zoning Districts North , London Bridge Road Single-family dwellings, dental office,farm/AG- 2 Agricultural, 0-1 Office South Religious Use (Approved CUP), Single-family dwellings/AG 2 Agricultural, R 10 Residential East Field/AG-2 Agricultural n West 'Nc r Tree stand P-1 Preservation + A 8 ' yet, VVII +V�rfi �j�] / {` 'mod Michele Cleland Agenda Item 6 Page 1 Background SummaryofProposal • The applicant is requesting a Conditional Use Permit to operate a Wildlife Rehabilitation Center on this approximately three-acre parcel zoned AG-2 Agricultural District. She will rehabilitate orphaned native avian species, including waterfowl,waterbirds, and songbirds, and will eventually provide care of injured animals.The applicant will be operating this facility as an individual, not as part of an organization.Animals will be brought to her primarily from other licensed rehabbers in the Virginia Beach area. • Since only Home-based Wildlife Rehabilitation Centers are permitted by right in AG-2 Agricultural District, a Conditional Use Permit is required for the proposed use.This property was conveyed to the applicant with a deed restriction barring development of residential uses on the property and no dwellings currently exist that could be inhabited by the applicant. • Immediate facilities required for the use include two walk-in aviaries and a shed for supplies. Should the operations fare well and there is sufficient financial support and capacity,the applicant states that future facilities may include an additional shed and more aviaries as needed.The applicant has expressed an interest in branching into providing rehabilitation for small mammals (non-rabies vector animals) but is presently focusing on birds. A modification would be required to add care for small mammals in the future. • The applicant has indicated that she may use heavy fabric or another fabric covering to partially screen the aviaries from view from London Bridge Road.The fabric covering will provide some additional shielding from passersby and traffic from the road. • The aviaries the applicant will use are enclosed mesh structures with predator-proof flooring.These types of enclosures are used for juvenile birds who need to learn how to adapt to ambient temperatures and typical outdoor noises,such as those of predators.They provide a crucial link in the rehabilitation of orphaned avians before they can be released at a designated off-site location. • A one-foot no ingress/egress easement is recorded on the parcel limiting access to the site to a shared entrance on the eastern side of the property. The shared entrance is on the adjacent parcel,which has a shared cross-access agreement with both the subject property and another property to the west. A private driveway from London Bridge Road still exists on the property, however,the driveway is gated and locked, and will only be used in the event of an emergency.The applicant has agreed to only access the site from the shared entrance.The property has sufficient pavement width to permit several cars to park on site. • The property is currently fenced, and the applicant will install a series of security cameras and may add some site lighting.The facility will not be open or accessible to the general public. • The applicant currently has a Category IV Wildlife Rehabilitation permit from Virginia Department of Wildlife Resources(VDWR) and has six years of wildlife rescue,transport, and rehabilitation experience. Additionally, she has a current certification from the International Wildlife Rehabilitation Council. • The VDWR Category IV license permits the applicant to provide direct care for wildlife under direct supervision by Category I, II, or III permittees at the permittees' particular facility.With approval of a Conditional Use Permit, the applicant will apply for a Category I Wildlife Rehabilitation permit from VDWR.This license is for"apprentice" rehabbers and will permit the applicant to care for wildlife on her own. Per restrictions from VDWR, Category I rehabbers must be sponsored by an active Category II or Category III permittee and must meet VDWR's training requirements.Their facility is also subject to inspection by VDWR. Michele Cleland Agenda Item 6 Page 2 • As the applicant intends to rehabilitate migrant birds,she will also need to obtain a U.S. Fish &Wildlife Service (Federal)Wildlife Rehabilitator Permit.This permit restricts the amount of time that migratory birds may be held to no more than 180 days; all birds must be released once recuperated.The permit is only valid so long as the holder is also in compliance with state regulations. • The applicant has a certified, sponsoring veterinarian that will be on-call to provide care to animals as needed.This is a requirement of VDWR licensing and the U.S. Fish &Wildlife Service permit for migratory birds. R20- AG2 Rtu Lj ,BR`o�Eac —v__� Zoning History 00 W # Request R20� ` 1 MDC(Religious Use)Approved 05/04/2021 // P' 7 Pt CUP(Religious Use)Approved 11/08/2017 J ¢ AG2 2 CRZ(AG-2 to Conditional 0-1)Approved 12/09/2008 �\Rt Q R 1 G R � R10 Application Types CUP—Conditional Use Permit MDC—Modification of Conditions STC—Street Closure SVR—Subdivision Variance REZ—Rezoning MDP—Modification of Proffers FVR—FloodplainVariance LUP—Land Use Plan CRZ—Conditional Rezoning NON—Nonconforming Use ALT—AlternativeCompliance STR—Short Term Rental Evaluation . Recommendation In Staff's opinion,this request for a Conditional Use Permit for a Wildlife Rehabilitation Center is acceptable.The use is compatible with the existing agricultural character of this corridor of London Bridge Road and will produce minimal noise that might affect the adjoining residential neighborhood. Recommendations in the Comprehensive Plan recommend that non-residential uses in the Suburban Area be complementary to residential uses. In this area, London Bridge Road is characterized by a mix of persistent agricultural uses and recent residential subdivisions.While distinct from bona fide agricultural operations,the rehabilitation facility for avians is very similar to small-scale keeping of poultry and other fowl. It is Staff's opinion that this use, as presented, is compatible with the existing agricultural uses and is consistent with the overall pattern of agricultural parcels abutting residential neighborhoods.Additionally,the applicant does not intend to construct large buildings or remove the existing mature vegetation on the site. The applicant is well-qualified to operate this type of rehabilitation and will be filling a gap in the local wildlife rehabilitation network.While there are a few rehabbers actively working with birds, they either specialize with the youngest avians or in the final stages for release.The applicant's facility will provide rehabilitation for avians that effectively age out of being able to be held indoors and to provide them with an environment that will help them acclimate to life in the wild. Minimal traffic is anticipated to be generated by the site.The applicant will be operating this facility by herself with the occasional assistance of other volunteers.As there is an existing no ingress/egress easement along the property's frontage,Staff recommends Condition 14 to ensure that the existing driveway and a second apron on the property be gated and locked to ensure the shared access point is used.The applicant has reached out to residents of the Pine Ridge neighborhood and has received a letter of support from the Pine Ridge Civic Association, as well as 26 signatures of Michele Cleland Agenda Item 6 Page 3 support from residents on Windy Pines Bend,the street to the south of the applicant's property.Additional letters of support have also been provided to Staff as discussed below. Staff recommends approval of this application subject to the conditions and exhibits below. Recommended Conditions 1. This Conditional Use Permit only permits rehabilitation of avians. A modification of conditions shall be required to permit rehabilitation of small mammals or other animal species. 2. The applicant shall comply with all the provisions of Section 242.4 of the City Zoning Ordinance (CZO) pertaining to a Wildlife Rehabilitation Facility. 3. The applicant shall comply with all provisions established for wildlife rehabilitation by the Virginia Department of Wildlife Resources and U.S. Fish and Wildlife Service. 4. The application shall comply with all rabies immunization protocols as established for wildlife rehabilitation by the Virginia Department of Wildlife Resources as required. 5. The applicant shall post and maintain a sign with contact information in case of emergencies for the operator. 6. The applicant shall maintain a sponsorship from a veterinarian that can provide veterinary services for diseased or injured animals. 7. The portion of the property in which aviaries or other wildlife containment are located shall be enclosed with a fence at least 48 inches tall. 8. The site shall be gated or otherwise secured when the operator or other volunteers are not present on site. 9. No animals shall be dropped-off between the hours of 10:00 p.m. and 7:00 a.m. 10. No animals shall be released at the subject site or within the neighborhood. 11. Animal waste shall be removed daily and disposed of in a lawful manner. 12. All animals shall be properly and humanely contained within the pre-release structure(s).Animals shall not be allowed to roam freely out of these structures at any time. If any animal does escape,the City of Virginia Beach Animal Control Department shall be notified immediately. 13. Subdivision of any of the property that has been identified as within the Conditional Use Permit (CUP), shall require a modification of the CUP to remove such property from the purview of the CUP. 14. The existing driveway access from London Bridge Road on the eastern side of the property shall only be used by emergency vehicles and shall otherwise be blocked for use by vehicles (e.g., gated) in accordance with standards and requirements of the Fire Mashal Office. Non-emergency vehicular ingress and egress shall only be from the shared entrance on London Bridge Road where there is an existing access easement. 15. Structures on the property, including animal enclosures and excluding fencing,shall have a minimum front yard setback of 50 feet. Michele Cleland Agenda Item 6 Page 4 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. ComprehensivePlan Recommendations The Comprehensive Plan designates the subject property as part of the Suburban Area, which has as its guiding principle the creation and maintenance of"Great Neighborhoods,"areas that have a mix of residential and complementary non- residential uses.This corridor of London Bridge Road retains agricultural uses, such as Hunt Club Farm, that abut more recent residential subdivisions.The Wildlife Rehabilitation Center,as proposed, will retain the existing mature vegetation,thus maintaining the character of the existing landscape.The use is also similar to other agricultural uses in the corridor and is compatible with the adjacent neighborhood. ResourcesNatural & Cultural • The site is located in the Southern Rivers watershed. A preliminary stormwater analysis was not provided as the applicant is not proposing any land disturbance associated with this request. No cultural resources are known to be associated with this property. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic London Bridge Road 18,000 ADT' 32,700 ADT 1(LOS""D") Existing Land Use Z—0 ADT Proposed Land Use 3-10 ADT lAverage Daily Trips z as defined by a vacant lot 3 as defined by a 3-acre parcel °LOS=Level of Service zoned AG-2 Agriculture Master Transportation Plan (MTP) and Capital Improvement Program (CIP) London Bridge Road is a four-lane divided minor suburban arterial road.There are currently no CIPs for this section of London Bridge Road.The MTP indicates a future right-of-way width of 100-feet containing a divided with a bike path. ImpactsPublic Utility Water There is a 10-inch City water main available for connection from London Bridge Road. The property must connect to City water if water service is needed. Michele Cleland Agenda Item 6 Page 5 Sewer City sanitary sewer is not available to this property. Health Department approval is required for septic systems. Public Outreach Information Planning Commission • The applicant met with the Pine Ridge Civic League President on March 25, 2024 to discuss the details of the request. The President provided Staff a letter of support from the civic league, as well as a petition of support with 26 signatures from residents on Windy Pines Bend. • As required by the Zoning Ordinance,the public notice sign(s) was placed on the property on April 8, 2024. • As required by State Code,this item was advertised in the Virginian-Pilot on Wednesdays, April 24, 2024 and May 1, 2024. • 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 22, 2024. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of https://virginiabeach.gov/pc on May 2, 2024. City Council • As required by City Code,this item was advertised in the Virginian-Pilot on Tuesdays, May 21, 2024 and May 28, 2024. • As required by City Code,the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on May 20, 2024 • The City Clerk's Office posted the materials associated with the application on the City Council website of https://clerk.virginiabeach.gov/city-council on May 31, 2024. Michele Cleland Agenda Item 6 Page 6 r«e,war reesm a.w..aecaoeD:nvneaeRasorv:ea ae cm.*caur n rntlrr nxPDiw.ee.ex.vao-:r+:wrwwc«riamm+wnoewnei,eiro. ew eD tenor+n:.r i.ae wc.a.ma sn.,e.eD,�e+acm anaw c«ra nnm-.>tarnrtmecu•+wne,w..e a ntcwiow,e.m.u.nw«w '1'1 PAT ae errnD,mcra wn.w nc mssurewi.or.wurw ADeRcwnwwartoymnnlwwanoea ran,vam.etta-ruew,w. � neeeaner Poe naP.,aDv+*rurtne sx•rrd.nnaie+ne..rcwrwMavrmaaveuwnenvm=E r:rrecnw�aD,v,n aw.w�+va. r ..rr mr.uwmvem�crn.+nvoewn�zamewwmroaewz Boa n,eeea.rw.=D�wrer r=amnnonuaawe«wnew.=r=Doo.eDw.ce e rrt 'n0re11� oxavixaa.eeea+.verdRu.wraArecAennioneo.rA.eS.wewxrte.mle. n w,c +ce°:a �*a n� �w.maa�ewe=m= e�"eotxr•.vnhw,+en�a!a nwuaanr+*rm.,.vD�•eveKe*+one.nwaaee.nn Yunwwr.vnn D (D e�•rmrntnu.BlnAn lORwrilvRu mTMwaMwrBE Aaearroxr�oer.atw+.we,�w eln.rwo.aeD ne:w+,:ar.vtww.*ar wswvaav a up"MItOIXQMiMe�AafPiPR pnai.aN.lOAe[ataNP wq < D G O ziexm.ra=narmnee.aawa ertc u:c:aa>;.,EDws Pe,srnwwntiae ne anzwuDww.ve:,ceranvseww.,w.ww.++vas..eennawre n•e • N• � wsD->tn.aa zoawonnw nor rzi�fona,em:en o i tP PARCEL �i ue ero i h �ury ro.in' ePrneru I�aY-.._... • Vlal w , __...._..._ arc }., a •w war z .._ _ ---•. .--J`•=+ r.�k� ow e + M )Paws a - H)B �"�...�•y':/'._ Onat'M thn p,Yr'nMYM- — —--1— �tA a pr a s 'lrNtr L �� wi0j�'e.v.neua � a.K —• NK E��L l NARUMa vADTn wwle •OFYaP� ""tee,�_.,�""e,E10"T c=s pa.wP•Rc:e�intn s.r+a.P.no ew PHYSICAL SURVEY OF PARCEL2 SUBDIVISION PLAT OF THE PROPERTY OF MARY H.SMITH REVOCABLE TRUST ((MOT.O30f OD6omuD1•IOw YIIICiINIA DEACli,1AROII,IfA FOR TH,:,. .M[CHELEA.CLELAM d D SCALE IVOD IIAAQ17q a1fl po Rows-Sutra Assoct�ra+,LTD. ' 0r2o-2023 woaawroielrNaiotlOPaxwa�Cuamu��' •�vF1T1RY 0.R1M6> i90!lIt8lQrttaEidlm tfllLlmrt0Tim eD 77��55 Yab®LAl1feC41m�AaY1 M161m +a q�5 GRAPMC WALE w r� l7O t7 (D J.O.#T380.8e14 ACA9,j3 02W1 MW W—PROPERTY.PARCEL 7dft re.en,PA CL (D ID 3 Q Site Photos -"4Z,i �'.. ;Wig" ,�'�.:" ""• �. ,..r �. .-, 3 6 t � r "S Site Photos Olt, A dj Rw!e� �s t , ~ ifYi°•,r ♦ ;i�.pi l�s��l�y JS I - a ,--It- 7-1 t s 14. 1 .fit r4�` :a., - •.- i.e.. < S � a 04 • • Disclosure Disclosure Statement J 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 1+ i t,is L,0 Does the applicant have a representative? XYes ❑No • If yes,list the name of the representative. Michele Cleland& Robin Boehling is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? ❑Yes plll10 • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) 1`Parent-subsidiary relationship'means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. 1"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. 1 1 P a g e Michele Cleland Agenda Item 6 Page 10 Disclosure Disclosure Statement ID t5t}"f G api*Ate: Planning&Community Development ! y xe�.. 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 P-190 • 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 i connection with the subject of the application or any business operating or to be operated on the property? ❑Yes P 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 Vo • 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 i ,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'n connection with the subject of the application or any business operating or to be operated on the property?❑Yes O • If yes,Identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?❑Yes o • If yes,identify the purchaser and purchaser's service providers. vvvv �1 , Michele Cleland Agenda Item 6 Page 11 Disclosure Disclosure Statement Planning&Community Development 6. Does the applicant have a construction contractgr in connection with the subject of the application or any business operating or to be operated on the property?El Yes 1X..�/NO • If yes,identify the company and individual providing the service. 7. Does the applicant have an engineer/surveyor/agent in conne ion with the subject of the application or any business operating or to be operated on the property?❑Yes o • If yes,identify the firm and individual providing the service. 8. Is the applicant receiving legal services Inc ction with the subject of the application or any business operating or to be operated on the property?❑Yes Q.fi0 e If yes,identify the firm and individual providing the service. Applicant Signature I certify that all of the Information contained In this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the Information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Appiican Signature nn,, 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. that pertains to the ., _ �( No dranges as of applications Date 5/15/2024 sknaturc „. I Prim Name Elizabeth Nowak -- 31 Michele Cleland 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 757-385-5692. • 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. Michele Cleland Agenda Item 6 Page 13 Virginia Beach Planning Commission May 8, 2024, Public Meeting Agenda Item # 6 Michele Cleland RECOMMENDED FOR APPROVAL- CONSENT Ms. Cuellar: Thank you very much. Our next item on the Consent Agenda is Item Number Six, Michelle Cleland. Mr. Boehling: Hello. My name is Robin Boehling, I'm here for Michelle Cleland, and I'm here to, I really don't know what to say because she kind of tossed me in here last minute. Ms. Cuellar: First of all, thank you for being here. So, we we're appreciative, and could you just state your name again for the record? Mr. Boehling: Robin Boehling. Ms. Cuellar: Thank you, ma'am, and then are the conditions acceptable to you, and Ms. Cleland. Mr. Boehling: Thank you very much. Ms. Cuellar: Is there any opposition to this item being placed on the consent agenda? Hearing none, I've asked Commissioner Byler to read it into the record. Ms. Byler: Thank you. Ms. Cuellar: You may be seated. Ms. Byler: The applicant is requesting a Conditional Use Permit to operate a Wildlife Rehabilitation Centre on this approximately three-acre parcel zoned AG-2 Agricultural District at 2285 London Bridge Road. She will rehabilitate orphaned, native avian species, including waterfowl, waterbirds, and songbirds, and will eventually provide care of injured animals. The applicant will be operating this facility as an individual, not as a part of an organization. Animals will be brought to her primarily from other licensed rehabbers in the Virginia Beach area. Ms. Cuellar: Thank you very much, Commissioner. Mr. Chairman, that was the last item on the consent agenda. The Planning Commission places the following applications on the consent agenda. Items number 1, 2, 3. 4,6, 7, 9, and 10. Mr. Alcaraz: All right, thank you. Do I have a motion to approve. Ms. Cuellar: I move that these items be approved by consent. Mr. Alcaraz: Okay. Mr. Plumlee: I second. Mr. Alcaraz: Second by Mr. Plumlee. Clerk: By a vote of 11:0, Agenda Items 1, 2, 3, 4, 6, 7, 9, and 10 have been recommended for approval. AYE 11 NAY 0 ABS 0 ABSENT 0 Alcaraz AYE Anderson AYE B ler AYE Cromwell AYE Coston AYE Cuellar AYE Estaris AYE Hi en AYE Mauch AYE Parks AYE Plumlee AYE CONDITIONS 1. This Conditional Use Permit only permits rehabilitation of avians. A modification of conditions shall be required to permit rehabilitation of small mammals or other animal species. 2. The applicant shall comply with all the provisions of Section 242.4 of the City Zoning Ordinance (CZO) pertaining to a Wildlife Rehabilitation Facility. 3. The applicant shall comply with all provisions established for wildlife rehabilitation by the Virginia Department of Wildlife Resources and U.S. Fish and Wildlife Service. 4. The application shall comply with all rabies immunization protocols as established for wildlife rehabilitation by the Virginia Department of Wildlife Resources as required. 5. The applicant shall post and maintain a sign with contact information in case of emergencies for the operator. 6. The applicant shall maintain a sponsorship from a veterinarian that can provide veterinary services for diseased or injured animals. 7. The portion of the property in which aviaries or other wildlife containment are located shall be enclosed with a fence at least 48 inches tall. 8. The site shall be gated or otherwise secured when the operator or other volunteers are not present on site. 9. No animals shall be dropped-off between the hours of 10:00 p.m. and 7:00 a.m. 10. No animals shall be released at the subject site or within the neighborhood. 11. Animal waste shall be removed daily and disposed of in a lawful manner. 12.All animals shall be properly and humanely contained within the pre-release structure(s). Animals shall not be allowed to roam freely out of these structures at any time. If any animal does escape, the City of Virginia Beach Animal Control Department shall be notified immediately. 13. Subdivision of any of the property that has been identified as within the Conditional Use Permit(CUP), shall require a modification of the CUP to remove such property from the purview of the CUP. 14. The existing driveway access from London Bridge Road on the eastern side of the property shall only be used by emergency vehicles and shall otherwise be blocked for use by vehicles (e.g., gated) in accordance with standards and requirements of the Fire Mashal Office. Non-emergency vehicular ingress and egress shall only be from the shared entrance on London Bridge Road where there is an existing access easement. 15. Structures on the property, including animal enclosures and excluding fencing, shall have a minimum front yard setback of 50 feet. Elizabeth D. Nowak From: Pine Ridge Civic League Virginia Beach,VA <pineridgecivicleague@gmail.com> Sent: Tuesday, March 26, 2024 4:16 PM To: Elizabeth D. Nowak Subject: CUP for Michele Cleland (2285 London Bridge Road) 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. Ms. Nowak, I had the pleasure to speak to Michele Cleland about her request for a CUP for her property at 2285 London Bridge Road. I would like to provide my recommendation for her CUP for her wildlife rehabilitation activities. Please let me know if you have any questions. Thank you! Jeremy Walker President Pine Ridge Civic League PO Box 6163 Virginia Beach VA 23456 www.pineridgecivicleague.com A Lynnhaven River Now Pearl Home Neighborhood Since 2019 1 aa85 fOP Name (printed) Signature Address �c1-4 Lf 42OW5,0�-- 4 �L C,k e as-7a LA) aa 44 W i rrD Y P r t•tf--s (� 22sZ d .x/o 7j,5�✓J V3�5 / Z zSZ Ws,✓,o ���/t� 1��,�tJ 22y$ wswDY PIniES gsND TRH„ $QA►A.AER ViRGirj1q gSA�LN VA23g57& L•�hn l ere g ru�w,ec- �...t..�L. ;�""`��— . uw 2-��10 gl^e�ezy P��,es Llat -f R, ✓ ` 23�FSZp ?flit>�3c•�1 Y Ud>a vl Gtiti � P ZZ(j 4' !i✓/-f ' f 1 YA I rr ,�d v a3�s y® ,& a-t aa air . Name (printed) Signature Address ZZO w,,,o / ES d a.�,�o ��a Il Q z 3�rs'6 AMR 2388 London Bridge Road Virginia Beach, VA 23456 (757) 427-9520 March 27, 2024 Virginia Beach Planning Department Elizabeth Nowak, Planner 2875 Sabre Street, Suite 500 Virginia Beach, VA 23456 RE: CUP 2285 London Bridge Road Virginia Beach Planning Department, I am writing in support of Michele Cleland's current Conditional Use application for 2285 London Bridge Road. We appreciate that she plans to keep bees, animals and avians on the AG zoned property. We also support the request to do wildlife rehabilitation on the property as we know firsthand how much this is needed in our community. We also would suggest that the permit include a few conditions. 1. Rehabilitators working on the property shall maintain wildlife rehabilitation certification through the state or as required by law. 2. Animals and Avians will not be released from the site. According to my conversation with Michele these conditions seem to be inline with her CUP request. Please contact me if any additional information is needed at 757-618-6466. Sincerely, Randi Vogel OR ,• R � c� tD OR � O�R ---'"Street Norfolk Avers u gth �'� � /_. e OR N Site W E Property Polygons Samantha Carrow s Zoning 905 Pacific Avenue, Unit C Building Feet 01530 60 90 120 150 180 F s� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: SAMANTHA CARROW[Applicant& Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 905 Pacific Avenue, Unit C (GPIN 24272444110990) COUNCIL DISTRICT 5 MEETING DATE: June 4, 2024 ■ Background: The applicant is requesting a Conditional Use Permit to operate a Iwo-bedroom Short Term Rental within the Pacific Place Condominium. There are no current or past zoning violations associated with the unit and the unit has not been previously advertised or rented as a Short Term Rental ■ Considerations: Short Term Rentals are prevalent on this property with a total of 16 approved Conditional Use Permits for the operation of Short Term Rentals. As this property has a historical parking exemption, there is one assigned parking space in the condominium's parking lot. All other requirements of Section 241.2 and Section 2303 of the Zoning Ordinance regulating Short Term Rentals can be reasonably met with this application. 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 May 8, 2024, the Planning Commission passed a motion to recommend approval of these items on the Consent Agenda, by a recorded vote of 11-0. 1. The following conditions shall only apply to the dwelling unit addressed as 905 Pacific Avenue Unit C 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. Samantha Carrow Page 2 of 4 4. For properties located within the boundaries of the Residential Parking Permit Program (RPPP), while the Short Term Rental use is active, parking passes issued for the subject dwelling unit(s) through the RPPP shall be limited to two (2) resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 5. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 6. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 7. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes and to be physical present at the Short Term Rental within one (1) hour. 8. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through `c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 9. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 10.There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23- 71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. Samantha Carrow Page 3 of 4 11.All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31- 28. 12.Accessory structures shall not be used or occupied as Short Term Rentals. 13.No signage shall be on-site, except that each short term rental shall have one (1) four-square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 14.The Short Term Rental shall have no more than one(1) rental contract for every seven (7) consecutive days. 15.The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 16.There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 17.The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers")shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 18.The property owner, or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Such inspection shall include: 1) At least one fire extinguisher has been installed inside the unit (in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in 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. Samantha Carrow Page 4 of 4 Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors. The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. 19.A structural safety inspection report shall be provided to the city every three (3) years indicating all exterior stairways, decks, porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect) and are safe for use. The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks, porches, and balconies must be posted on each level of these structures. ■ Attachments: Staff Report and Disclosure Statements Location Map STR Vicinity Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager./V Applicant& Property Owner: Samantha Carrow Agenda Item Planning Commission ' • 2024 Oil/''I A3 City Council District 5 10 Virginia Beach Requests Conditional Use Permit (Short Term Rental) Staff Recommendation Approval ti Ms� Staff Planner fi Garek Hall Hannigan AU Location 905 Pacific Avenue, Unit C NORf GPIN 24272444110990 Site Size 34,984 square feet Existing Land Use and Zoning District Multi-family dwelling/OR Oceanfront Resort Surrounding Land Uses and Zoning Districts o f North Multi-family dwellings, commercial parking lot/ t, �`` or" _ __-' OR Oceanfront Resort l South l 9th Street °R ' o Municipal Parking Garage/OR Oceanfront Rss Resort `l OR East '� 1 Atlantic Avenue Retail Shops/OR Oceanfront Resort --- __ f r West N'"OLKAVE 9(H Pacific Avenue ~ Commercial parking lot/OR Oceanfront Resort OR �c M ` Samantha Carrow Agenda Item 10 Page 1 Background • SummaryofProposal Site Conditions and History • This 34,984 square foot parcel contains the Pacific Place Condominiums and is zoned OR Oceanfront Resort District. According to City records,this multi-family condominium was constructed in 1969. • On-street parking is not permitted on this portion of Pacific Avenue. • Since this unit was not registered nor paying transient occupancy taxes to the Commissioner of the Revenue prior to July 1, 2018, the unit would not be considered as grandfathered Short Term Rental and thus would require a Conditional Use Permit prior to operating. • Known Short Term Rental activity as of April 10, 2024, is shown in the chart below: REGISTERED WITH THE CURRENTLY ADVERTISED LAST KNOWN RENTAL COMMISSIONER OF THE REVENUE No N/A N/A Short Term Rentals in the Vicinity 1� 1�J ti J ,! short itrm Rentals -p 0 sa P.- let Samantha Carrow 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 the 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: 2 • Maximum number of guests permitted on the property after 11:00 pm: 4 • Number of parking spaces required (historical exemption made): 1 • Number of off-street parking spaces provided: 1 Zoning History # Request 1 CUP(Short Term Rental)Approved 03/19/2024 CUP(Short Term Rental)Approved 11/14/2023 CUP(Short Term Rental)Approved 08/15/2023 CUP(Short Term Rental)Approved 07/11/2023 CUP(Short Term Rental)Approved 05/16/2023 CUP(Short Term Rental)Approved 05/16/2023 2 CUP(Short Term Rental)Approved 06/12/2022 OR �1t CUP(Short Term Rental)Approved 04/05/2022 ass 1 CUP(Short Term Rental)Approved 11/09/2021 OR CUP(Short Term Rental)Approved 03/02/2021 CUP(Short Term Rental)Approved 10/20/2020 —f CUP(Short Term Rental)Approved 08/25/2020 CUP(Short Term Rental)Approved 08/25/2020 CUP(Short Term Rental)Approved 06/09/2020 CUP(Short Term Rental)Approved 04/06/2020 OR CUP(Short Term Rental)Approved 02/04/2020 2 CUP(Short Term Rental)Approved 12/13/2022 CUP(Short Term Rental)Approved 12/13/2022 CUP(Short Term Rental)Approved 12/13/2022 CUP(Short Term Rental)Approved 12/13/2022 CUP(Short Term Rental)Approved 12/13/2022 CUP(Short Term Rental)Approved 12/13/2022 Application Types CUP—Conditional Use Permit MDC—ModificationofConditions STC—Street Closure I SVR—SubdivisionVariance REZ—Rezoning MDP—Modification of Proffers FVR—Floodplain Variance LUP—Land Use Plan CRZ—Conditional Rezoning NON—Nonconforming Use ALT—Alternative Compliance STIR—Short Term Rental Evaluation • • • The applicant is requesting to operate a two-bedroom Short Term Rental unit within the Pacific Place Condominium building. Short Term Rentals are prevalent on this property with a total of 16 approved Conditional Use Permits for the operation of Short Term Rentals. Samantha Carrow Agenda Item 10 Page 3 There is one assigned parking space associated with this unit in the condominium's parking lot.According to the City of Virginia Beach Zoning Ordinance,Appendix A, Article 23, Section 2303, (b), a., ii., "There are certain condominium properties that have historically operated as short term lodging units and have not experienced any inconvenience to guests or the surrounding area without the required one (1) parking space per bedroom. Further, such properties are unable to provide the required parking on-site. For these condominium properties, the Zoning Administrator may, at his discretion, require one (1) parking space per dwelling unit similar to the requirement for lodging uses in the Oceanfront Resort District Form Based Code (ORDFBC). Such properties must provide written evidence of their past use and the Zoning Administrator shall find that there is no public inconvenience with the current parking design."The Pacific Place Condominiums is one such property granted a historical exception to the Short Term Rental parking requirements of one space per bedroom;therefore,only one parking space is required for the entire unit.All other requirements of Section 241.2 and Section 2303 of the Zoning Ordinance regulating Short Term Rentals can be reasonably met with this application. The subject property lies in the Pacific Avenue corridor, which serves as the main north-south connector, including Atlantic Avenue, in the Resort Area.As identified in the Resort Area Strategic Action Plan (RASAP) 2030, both corridors serve as an area where many Resort Area visitors stay and gather.Therefore, the use of these units as a Short Term Rental is consistent with this purpose.These units would further provide diverse lodging opportunities for visitors and travelers wanting the Resort Area experience. Based on the considerations above, Staff recommends approval of this request with the conditions listed below. Recommended Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 905 Pacific Avenue Unit C 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. For properties located within the boundaries of the Residential Parking Permit Program (RPPP),while the Short Term Rental use is active, parking passes issued for the subject dwelling unit(s)through the RPPP shall be limited to two (2) resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 5. This Conditional Use Permit shall expire five (5)years from the date of approval.The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints,violations of its conditions or violations of any building, housing, zoning,fire or other similar codes. 6. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight(number of bedrooms times two (2)) on the property where the Short Term Rental is located.This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 7. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes and to be physical present at the Short Term Rental within one (1) hour. Samantha Carrow Agenda Item 10 Page 4 8. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a'through 'c' below.This information must be submitted to the Planning Department for review and approval.This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 9. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 10. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28(solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 11. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 12. Accessory structures shall not be used or occupied as Short Term Rentals. 13. No signage shall be on-site, except that each Short Term Rental shall have one (1)four-square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator,that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 14. The Short Term Rentals shall have no more than one (1) rental contract for every seven (7)consecutive days. 15. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars($1,000,000) underwritten by insurers acceptable to the City. 16. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 17. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 18. The property owner, or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Such inspection shall include: 1)At least one fire extinguisher has been installed inside the unit(in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in 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. Samantha Carrow Agenda Item 10 Page 5 Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors.The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. 19. A structural safety inspection report shall be provided to the city every three (3)years indicating all exterior stairways, decks, porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect) and are safe for use.The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks, porches, and balconies must be posted on each level of these structures. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. PublicOutreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s) was placed on the property on April 8, 2024. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays,April 24, 2024 and May 1, 2024. • 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 22, 2024. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of https:Hvirginiabeach.gov/pc on May 2, 2024. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, May 21, 2024 and May 28, 2024. • As required by City Code, the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on May 20, 2024 • The City Clerk's Office posted the materials associated with the application on the City Council website of https://clerk.virginiabeach.gov/city-council on May 31, 2024. Samantha Carrow Agenda Item 10 Page 6 Site • i ParkingPlan ,fl AA t ' G i f A Samantha Carrow Agenda Item 10 Page 7 1. Site Photo n ITT �yL rw� Samantha Carrow Agenda Item 10 Page 8 Disclosure Disclosure Statement Planning&Conimanity Development The disclosures contained:n 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 Vi,glnia Beach requiring action by the City Council or a City board,commission or other body. Applicant Disclosure Applicant Name _ L,,I r:L')I RI k (L1lr o Does the applicant have a representative? 'I Yes ,01'No • If yes,list the name of Ihr repriewntaUve. 1,s the applicant a corporation,partrremhip,firm,bu•ia4m,trust or am unincorporated business?❑Yes A No • If yes,1zst the names of all officers,directors,members,trustees,etc.below. (Attach a list if neomaryr) + f yes,list the businesses that have a parent-subsidiary'or atMated business ent1W relationship with the applicant. (Attach a list If nerf!ssary) "Parent-subsidiary relationship"means"a re+ationship that exists when one corporation directly or indirectly owes shares possessing more than 50 percent of the votinR power of another corporation." Ser 5tate and Local Government Conf.ct of Interests Act,VA Cade§2-2-2101, _"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when li)one business entity hai a interest in the other business entity,(ii)a controlling owner in one entity is also a cortroflir%owner in tree other entity,or(iiil there is shared management or control between the business entitles. Factors that shoald be co-wderecl In det+erm inirg the existence of an affiflated business entity relationship include that the same person or subs`antialiy the same person own ormanage the two entities;there are cornrrpn or Commingled funds of assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular bases;or there is otherwise a close Work,rig relations tip between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Rrvdsed 11.09.2020 11 P a g e Samantha Carrow Agenda Item 10 Page 9 Disclosure Disclosure Statement Planning& Contnruut. Devetopment Knatlrrt Interest by Public Offl el or ygg Does an official or employee of the City of Virginia Beach have an interest in me suoiect land or any orepaseo development contingent or 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? A;rphcant Services Disclosure 1. Doe)the applicant have any existing financing(mortgage,deeds of trust,cross-collateralizadon,etc)or are they considering any financir4;in connection with the subject of the application or any business operating of to be operated on the property? ❑ yes `0 NO • if yes,identify the financial insttutions providing the serv,ce. 2. Does the applicant have a real estate broker/agent/realtor fur cwrent a,id antic pates fuh.re sales of the subject property? ❑Yes IV No + If yes,idcntiry the company and irMividual providing the service. 3. Does the applicant have services for acaourtting and/or preparation of tax returns provided in con r,ection with the sub,ect of the applicatbn or any business operating or to be operated or the property?❑YeS A No • If yes,identify the firm and indwiduai providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner nrovided in connection with the subject of the application or any business operating or to be operateC on the proper'q?❑Yes '` , No • If yae,identify the firm ant Individual providing the service. 5. is there any ether pending or proposed purchaser of the subject property?❑Yes No a If yes,identify the purchaser ana purchaser's service providers. Revised 1109.2070 2 1 P 7 p e Samantha Carrow Agenda Item 10 Page 10 Disclosure Disclosure Statement 13 fanning& Con munit} Dizwelopnxst 6. Does the applicant have a construction contractor in connect on with the subject of the application or any business operating or to be operated on the property?❑Yes �l No • If yes,identify the compary and individual providing the service. 7. Does the applicant have an engineer/surveyor/argent 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 fi rm and i ndividual providing the service. S. Is the applicant receiving legal services in connection with the subject.of the application or any business operatiry clr to be operated on the property?❑Yes V No if yes,identify the firm and individual providing the service. f Applicant Signature certify that all of the inform ation conta,ned in this Disclosure Statement Form is complete,true,and accurate. I un derstand that, upon receipt of 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 Commission,Clay Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Appilcarit Signature Pfint Name and Title _. Deft1 ` h dw applicant also the owner of the subject property? J Yes ❑ No If yes,you do not need to fill o.a the owner disclosure statement. FOR CFTY 051 ONLY/All distiosures must be updated two(2)weellis prior to arty Planning Commission and City Council meeting that perilalm to the applications 5/21/2024 P" a tGarek Hall Hannigan Revised 11 09 7070 3 l Ft.a g e Samantha Carrow Agenda Item 10 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 757-385-5692. • 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. Samantha Carrow Agenda Item 10 Page 12 STR VICINITY MAP SAMANTHA CARROW ,y Np l _t Hi , t Short Term Rentals STR Permits(IM Virginia Beach Planning Commission May 8, 2024, Public Meeting Agenda Item # 10 Samantha Carrow Ms. Cuellar: Thank you very much. Item Number 10, Samantha Carrow. Thank you for being here today. Could you please state your name for the record? Ms. Carro: Samantha Carrow. Ms. Cuellar: And are the conditions acceptable to you? Ms. Carro: Yes. Ms. Cuellar: Thank you very much. Is there any opposition to this item being placed on the consent agenda? Hearing none, I've asked Commissioner Mauch to read this into the record, please. Ms. Mauch: The applicant is requesting to operate a two bedroom short-term rental unit within the Pacific Place condominium building. Short term rentals are prevalent on this property with a total of 16 approved conditional use permits for the operation of short term rentals. Based on the consideration above, and no opposition, staff recommends approval of this request with the conditions listed below, which I will not read. We chose to put it on the consent agenda. Ms. Cuellar: Thank you very much, Commissioner. Mr. Chairman, that was the last item on the consent agenda. The Planning Commission places the following applications on the consent agenda. Items number 1, 2, 3. 4,6, 7, 9, and 10. Mr. Alcaraz: All right, thank you. Do I have a motion to approve. Ms. Cuellar: I move that these items be approved by consent. Mr. Alcaraz: Okay. Mr. Plumlee: I second. Mr. Alcaraz: Second by Mr. Plumlee. Clerk: By a vote of 11:0, Agenda Items 1, 2, 3, 4, 6, 7, 9, and 10 have been recommended for approval. AYE 11 NAY 0 ABS 0 ABSENT 0 Alcaraz AYE Anderson AYE B ler AYE Cromwell AYE Coston AYE Cuellar AYE Estaris AYE Hi en AYE Mauch AYE Parks AYE Plumlee AYE CONDITIONS 1. The following conditions shall only apply to the dwelling unit addressed as 304 28th St, Unit 208, 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. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 6. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2))on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 7. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes and to be physical present at the Short Term Rental within one (1) hour. 8. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 9. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 10. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 11. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 12. Accessory structures shall not be used or occupied as Short Term Rentals. 13. No signage shall be on-site, except that each short term rental shall have one (1)four- square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 14. The Short Term Rental shall have no more than one (1) rental contract for every seven (7) consecutive days. 15. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 16. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 17. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 18. The property owner, or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Such inspection shall include: 1)At least one fire extinguisher has been installed inside the unit(in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in 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. 19. A structural safety inspection report shall be provided to the city every three (3) years indicating all exterior stairways, decks, porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect) and are safe for use. The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks, porches, and balconies must be posted on each level of these structures. OR�- ;• O R Street 28th �� OR 0111 �+ cDOF C) treet 74 r- eet Zit Al2 .3 a�f St A36 �2 0 Street 27th R5S Q At OR N ® Site W E Property Polygons Susanne M Colligon S Zoning 304 28th Street, Unit 208 Building Feet 0 1530 60 90 120 150 180 oS,�.:.. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: SUSANNE M. COLLIGON [Applicant & Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 304 281h St, Unit 208 (GPIN 24280028662008). COUNCIL DISTRICT 6 MEETING DATE: June 4, 2024 ■ Background: The applicant is requesting a Conditional Use Permit to operate a Short Term Rental in a two-bedroom, 974 square-foot unit of the Playa Rana Condominiums located at 304 28th St, Unit 208. A zoning complaint was made on June 26, 2023, for the operation of a Short Term Rental without a Conditional Use Permit; however, the applicant has ceased the illegal operation of the unit and has worked with staff to obtain this Conditional Use Permit and come into compliance with the City Zoning Ordinance. ■ Considerations: The applicant is requesting to operate a two-bedroom, 974 square-foot Short Term Rental within the Playa Rana Condominium building. Short Term Rentals are prevalent on this property with a total of 9 approved Conditional Use Permits. There is one assigned parking space associated with this unit in the condominium's parking lot. Playa Rana Condominiums is one such property granted a historical exception to the Short Term Rental parking requirement of one space per bedroom; therefore, only one parking space is required for the entire unit. All other requirements of Section 241.2 and Section 2303 of the Zoning Ordinance regulating Short Term Rentals can be reasonably met with this application. 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 May 8, 2024, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 11-0. 1. The following conditions shall only apply to the dwelling unit addressed as 304 28th St, Unit 208, and the Short Term Rental use shall only occur in the principal structure. Susanne M. Colligon Page 2 of 4 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. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 6. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 7. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes and to be physical present at the Short Term Rental within one (1) hour. 8. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 9. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. Susanne M. Colligon Page 3 of 4 10.There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23- 71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 11.All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31- 28. 12.Accessory structures shall not be used or occupied as Short Term Rentals. 13.No signage shall be on-site, except that each short term rental shall have one (1) four-square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 14.The Short Term Rental shall have no more than one (1) rental contract for every seven (7) consecutive days. 15.The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 16.There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 17.The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers")shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 18.The property owner, or their representative, shall provide to the 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 Susanne M. Colligon Page 4 of 4 performed by the short term rental management company and be documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors. The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. 19.A structural safety inspection report shall be provided to the city every three (3) years indicating all exterior stairways, decks, porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect)and are safe for use. The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks, porches, and balconies must be posted on each level of these structures. ■ Attachments: Staff Report and Disclosure Statements Location Map STR Vicinity Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: Applicant and Property Owner: Susanne M. Colligon (Fessick) Agenda Item Planning Commission • 2024 CouncilCity District 6 • <'iri�nl Virginia Beach Request Conditional Use Permit (Short Term Rental) Staff Recommendation Approval Staff Planner Garek Hall Hannigan Location 304 28th Street, Unit 208 GPIN ,o atrtt�" 24280028662008 ,'a'— Hsi 15tH1A sT Site Size ' _250 53,138 square feet (974 square feet unit) V., _{ 24tH5j.. T n Existing Land Use and Zoning District #t Condominiums/OR Oceanfront Resort Surrounding Land Uses and Zoning Districts North 28th Street • l.+ 9 Hotel/OR Oceanfront Resort ,,,/� South 27th Half Street Single-family dwellings, multi-family dwellings/ A-12 Apartment and A-36 Apartment East Restaurant/OR Oceanfront Resort West Arctic Avenue � . Grocery Store and Single-family Dwellings/OR f "N Oceanfront Resort/R-5S Residential 1p y i. Susanne M. Colligon (Fessick) Agenda Item 9 Page 1 Background & Summary of • . • Site Conditions and History • This 53,138 square foot parcel contains the Playa Rana Condominiums and is zoned OR Oceanfront Resort District. According to City records,this multi-family condominium was constructed in 2008. • On-street parking is permitted 24-hours per day, therefore any overflow parking beyond the minimum parking spaces required could occur within the public street. • When researching the property for the current request, staff discovered a past zoning complaint from June 26, 2023, for operation of a Short Term Rental without a Conditional Use Permit; however the property owner has removed the advertising for the unit, ceased the short term rental of the property, and has worked with Staff to come into compliance with the City Zoning Ordinance. • Since this property was not registered with the Commissioner of Revenue nor paying transient occupancy taxes to the Commissioner of the Revenue prior to July 1, 2018,the property would not be considered a grandfathered Short Term Rental and thus would require a Conditional Use Permit prior to operating. • Known Short Term Rental activity as of April 12, 2024, is shown in the chart below: CURRENTLY ADVERTISED LAST KNOWN RENTAL REGISTERED WITH THE COMMISSIONER OF THE REVENUE No September 2023 No Short Term Rentals in the Vicinity X. 6 `, 7 '.Short 1lrtn Rentals Susanne M. Colligon (Fessick) Agenda Item 9 Page 2 Summary of Proposal The applicant is requesting a Conditional Use Permit 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: 2 • Maximum number of guests permitted on the property after 11:00 pm: 4 • Number of parking spaces required (historical exemption made): 1 • Number of off-street parking spaces provided: 1 OR OR _--- Zoning History 5T = # Request 1 CUP(Short Term Rental)Approved 03/19/2024 CUP(Short Term Rental)Approved 07/06/2021 CUP(Short Term Rental)Approved 06/01/2021 CUP(Short Term Rental)Approved 06/01/2021 OR ' CUP(Short Term Rental)Approved 04/07/2021 OR CUP(Short Term Rental)Approved 10/20/2020 m a�Nr"`f sr CUP(Short Term Rental)Approved 10/20/2020 �Al2 CUP(Short Term Rental)Approved 09/08/2020 A36 A36 Al2 CUP(Short Term Rental)Approved 09/08/2020 Al2 A 2 RSS _eR' Application Types CUP—Conditional Use Permit MDC—ModificationofConditions STC—Street Closure SVR—SubdivisionVariance REZ—Rezoning MDP—Modification of Proffers FVR—Floodplain Variance LUP—Land Use Plan CRZ—Conditional Rezoning NON—Nonconforming Use ALT—AlternativeCompliance STIR—Short Term Rental Evaluation : Recommendation The applicant is requesting to operate a two-bedroom, 974 square-foot Short Term Rental within the Playa Rana Condominium building. Short Term Rentals are prevalent on this property with a total of nine approved Conditional Use Permits for the operation of Short Term Rentals. There is one assigned parking space associated with this unit in the condominium's parking lot. According to the City of Virginia Beach Zoning Ordinance, Appendix A, Article 23, Section 2303, (b), a., ii., "There are certain condominium properties that have historically operated as short term lodging units and have not experienced any inconvenience to guests or the surrounding area without the required one (1) parking space per bedroom. Further, such properties are unable to provide the required parking on-site. For these condominium properties, the Zoning Administrator may, at his discretion, require one (1) parking space per dwelling unit similar to the requirement for lodging uses in the Oceanfront Resort District Form Based Code (ORDFBC). Such properties must provide written evidence of their past use and the Zoning Administrator shall find that there is no public inconvenience with the current parking design." Playa Rana Condominiums is one such property granted a historical exception to the Short Term Rental parking requirements of one Susanne M. Colligon (Fessick) Agenda Item 9 Page 3 space per bedroom;therefore, only one parking space is required for the entire unit.All other requirements of Section 241.2 and Section 2303 of the Zoning Ordinance regulating Short Term Rentals can be reasonably met with this application. While the unit was previously illegally advertised and utilized as a Short Term Rental unit,the property owner has since complied with the applicable ordinances and has worked with Staff to obtain the required Conditional Use Permit and Short Term Rental permit. 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 304 28th St, Unit 208, and the Short Term Rental use shall only occur in the principal structure. 2. An annual (yearly) STIR 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. S. This Conditional Use Permit shall expire five (S)years from the date of approval.The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints,violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 6. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight(number of bedrooms times two (2))on the property where the Short Term Rental is located.This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 7. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes and to be physical present at the Short Term Rental within one(1) hour. 8. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below.This information must be submitted to the Planning Department for review and approval.This shall be done within six(6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 9. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. Susanne M. Colligon (Fessick) Agenda Item 9 Page 4 10. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28(solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 11. All refuse shall be placed in automated refuse receptacles,where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 12. Accessory structures shall not be used or occupied as Short Term Rentals. 13. No signage shall be on-site, except that each short term rental shall have one (1)four-square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator,that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 14. The Short Term Rental shall have no more than one (1) rental contract for every seven (7)consecutive days. 15. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars($1,000,000) underwritten by insurers acceptable to the City. 16. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 17. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom,which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 18. The property owner, or their representative, shall provide to the 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. 19. A structural safety inspection report shall be provided to the city every three (3)years indicating all exterior stairways, decks, porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect) and are safe for use.The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks, porches, and balconies must be posted on each level of these structures. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Susanne M. Colligon (Fessick) Agenda Item 9 Page 5 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. PublicOutreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on April 8, 2024. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays,April 24, 2024 and May 1, 2024. • 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 22, 2024. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of https://virginiabeach.gov/pc on May 2, 2024. City Council • As required by City Code,this item was advertised in the Virginian-Pilot on Tuesdays, May 21, 2024 and May 28, 2024. • As required by City Code, the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on May 20, 2024 • The City Clerk's Office posted the materials associated with the application on the City Council website of https://clerk.virginiabeach.gov/city-council on May 31, 2024. Susanne M. Colligon (Fessick) Agenda Item 9 Page 6 LayoutSite ,A :, 04 SN *oo Ott A y VIM t , Aq - � AWAr 1 lwoo , One assigned space in the parking lot Historical exemption to requirements; only one � .r space needed Susanne M. Colligon (Fessick) Agenda Item 9 Page 7 Site Photo Susanne M. Colligon (Fessick) Agenda Item 9 Page 8 Disclosure Disclosure Statornant NL The disclosures contained in th,s form are noes ssary to Inform public altioals why,ntay vote on the application as to whether they have a conflict of Interest under Virginia law The completion and submission of ttNs I&M If fequuea for all appIrt onus.that rynrtaln to City real estate matters of to the development and/or use of property in the City of Virginia Beact+teciulting action by the Clty Council or a City build,tornmmion or other be* Applicant Name Susanne M Ccailigon Does the apph"nt Nava a M Ywc 11 NO I Fca,I•xt the eamr al the,cprorantai^:+r t,ennelh H:trrinRlon Itprlusel .,�- 11 the argJlrAnt a corpwMhtn.parts MNIM.firm..burin"s.must w an uninturporated business?0 Yes M No f ves.i.,t the name;of Al officers dheitars_membe— lr r,tees„etc,s>telow ;Attach a list if nereszargl • `f yes,i-4 the businesses that stave a parrot subsidiary or affiliated business entity'reialranshlp with the applicant. lAtte, itst if neress•ryl "Parent subsidiary relattorshlp'nwan►'a relationship that exists when one corporation directfs Of-rdirM'tly OQM shale% possess r Mnfe than 50 perti'nt of the voting power of ariother corpor•tiop" see State drd I mill G*wri%ment Contlirt of I*t#prests Art,VA Code ti 12 flint '`ilihAtod bustf44%entity rrisionship*means a rp.ott+>nsn+ Mlle lfirn Mr1r-+,t,w4sid+ary relstson3lito that"M!,v.hrn(il + b+tsinessenTAV has a tuntrolling ownership interest to the ottwrr buwsess entity.Iril a t.nntli,l,ng o+yner sn nnr entity Ib also a tontralltr4 6*11@r M ilia?OTIWF Mtl[y,Ur awl)ttikrc,n.sii istV tnaitaAeiiit+,l ut c,,rirtul bctwccn*c bufinv RM1115-c Fa04ra V-0 tllnuld be tal"dered in determirnng the rxistpriLc of an atffihatets busenres t*ntlty rrlatirnsfitp Inikidu that the sauna pcisan ry SoWantlally taw fsnne iwrsun uw11 U. r'nenage tnc two ernucr tax'c vr7 s.s"n+ne,r,r&OMP.11*iolto fv xtr ar„-•roar• th+ h—.i— entitie's share the use of the same offirrs ar erlpinyees or Other►sssc'share actwitites,resources or pet wrro on a regular basis,or I1itaa:a Wherivi"a CKnte wnrNmy sclti-r•rd+.+fc r,o..w--i i woii,t a'intoteos At:1 V, Code¢24 3101, 11 Susanne M. Colligon (Fessick) Agenda Item 9 Page 9 Disclosure Statement Disclosure Statement any finAncM$1-1 ewnecticri with the subject n!trw Application or an,hissiro--tA operar m nr t-)br,operated nn We OrWrUf 0 yes 0 no 3. Does Me applirant haveserwes kw w"unficigand/oc preparation of taiji rpturm wovidedin Lowivition*A*)the Subject 04 4 m-.ps pe applirant have servicet frorr 4ri architect/I andic Apr architect/land planner�-;�-Yjder 1.1(C�I'Iecti;n voth the wtocl of Susanne M. CoUigon (Fessick) Agenda Item 9 Pagel0 Disclosure Disclosure Statement �, .. I. `It it-the appt-cant t*vp a construction rontr;lCltt+r it ao+mrrfittn With the whject of ttu:-application or anytv+srness owritillg 4t t:a be operated on ihf prope-tv 3 U YeS r No • it V",iderti+sy the c t^npa y and individual.proved,"the cerwcs an W,iyt the iUhlel ,t S'u^�I+ltUtatian lar;,-., i r"atar qr t hr type*atad nn the Nrbptkrty'[ Yes ONo i he f trn•nzi fnAividual Woviding the wrvlcr E. is tlrc ettat+4we��� ��.Q tcEal xrrisca in tnnnwstlOn svit�tFtir,„i+jo.+nt tF.c arplir atinrl ru ary,tNs=tFrtis i?[�rat tt',F.pr t:�br operated on tl 'lyl a Yea /No • if yts,identity the fum and nAhl VoViding the service. AoPhestnt Skinature LVrtity that all at the anfmnfatltur rmtaihed at this Distiosu+e State.'tent+tart,°,t t ntri,•ir•,`nic w0 jo w ate. i undeta imul that jean ircefl-,of notification that the application has been scheduled fts$pubitt +,eatinr,i pm responsible Pot updating the intn.mm"n provided hatain two waafrs Prior to the ns•etiml,of plattinw4 Cpnimlcsion,City Council,V60A.Wk Wetlands lord or any public body or committee fn teMttectian With tads application. Appilcitnt Signature C-10 it" 10,1 Pt+nt Nnmr ar"d Td it date 11 ,�! k the a icant also the owner of the subject property? L% Tics Q No r 1 y* - d -teed to fill ctut the w'arnet,1i.:. =1r^nrt�t RIPTIMLITIV iJORMHUM ne utaee.•+.mot r".. 5/21/2024 Garek Hall Klannigan Susanne M. Colligon (Fessick) Agenda Item 9 Page 11 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division of the 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 757-385-5692. • 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. Susanne M. Colligon (Fessick) Agenda Item 9 Page 12 STR VICINITY MAP SUSANNE M. COLLIGON . � O '`y} -7 - "= •� _: � i `• Short Term Rentals fie: f S?R Permes i 63: Virginia Beach Planning Commission May 8, 2024, Public Meeting Agenda Item # 9 Susanne Colligan RECOMMENDED FOR APPROVAL- CONSENT Ms. Cuellar: Thank you very much, Commissioner. Our next item on the consent agenda is Item Number Nine, Susanne Colligan. It doesn't appear that Ms. Colligan can be with us here today, so I've asked Commissioner Plumlee to read this into the record. Mr. Plumlee: Susanne Colligan has made this request at 304 28th Street Unit 208 for short term rental. This is proper within the text amendment zone OR Oceanfront Resort. She has her assigned parking space. The staff noted that there had been a previous illegally advertised, and used short-term rental dislocation, but it is a condominium where that was a habit for a while, so staff has the applicant work with staff, and staff is agreeable. Our excellent staff is agreeable to have this placed on the consent agenda today. There's no objection by any member of the commission so it's appropriate. Ms. Cuellar: Thank you very much, Commissioner. Mr. Chairman, that was the last item on the consent agenda. The Planning Commission places the following applications on the consent agenda. Items number 1, 2, 3. 4,6, 7, 9, and 10. Mr. Alcaraz: All right, thank you. Do I have a motion to approve. Ms. Cuellar: I move that these items be approved by consent. Mr. Alcaraz: Okay. Mr. Plumlee: I second. Mr. Alcaraz: Second by Mr. Plumlee. Clerk: By a vote of 11:0, Agenda Items 1, 2, 3, 4, 6, 7, 9, and 10 have been recommended for approval. AYE 11 NAY 0 ABS 0 ABSENT 0 Alcaraz AYE Anderson AYE B ler AYE Cromwell AYE Coston AYE Cuellar AYE Estaris AYE Hi en AYE Mauch AYE Parks AYE Plumlee AYE CONDITIONS 1. The following conditions shall only apply to the dwelling unit addressed as 304 28'h St, Unit 208, 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. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 6. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight(number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 7. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes and to be physical present at the Short Term Rental within one (1) hour. 8. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 9. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 10. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 11. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 12. Accessory structures shall not be used or occupied as Short Term Rentals. 13. No signage shall be on-site, except that each short term rental shall have one (1)four- square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 14. The Short Term Rental shall have no more than one (1) rental contract for every seven (7) consecutive days. 15. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 16. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 17. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 18. The property owner, or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Such inspection shall include: 1) At least one fire extinguisher has been installed inside the unit (in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in 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. 19. A structural safety inspection report shall be provided to the city every three (3) years indicating all exterior stairways, decks, porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect) and are safe for use. The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks, porches, and balconies must be posted on each level of these structures. FZ tU _ fsi J CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: AN ORDINANCE TO AMEND SECTION 103 OF THE CITY ZONING ORDINANCE PERTAINING TO THE GRANTING OF MODIFICATIONS BY THE ZONING ADMINISTRATOR. PROPOSED FEE: $200; AUTHORITY: VIRGINIA CODE SECTION 15.2-2286. DOCUMENTATION FOUND AT THE PLANNING AND COMMUNITY DEVELOPMENT DEPARTMENT- 2875 SABRE STREET, SUITE 500, (757) 385-4621. MEETING DATE: June 4, 2024 ■ Background: The purpose of this amendment is to grant the Zoning Administrator the authority to make minor modifications to the provisions of the Zoning Ordinance. Granting the Zoning Administrator the authority to make modifications to the dimensional requirements of the Zoning Ordinance alleviates the need for a Board of Zoning Appeals (BZA) variance for minor items that are not expected to have detrimental impacts on surrounding properties. This Ordinance upholds the integrity of the Zoning Ordinance by restricting approvable modifications to only five percent and requiring that the Zoning Administrator make findings similar to those of the BZA. Additionally, a process for the notification of the adjacent property owners is established to allow them to provide comments or concerns. Should there be valid and substantiated objections from the neighboring properties, the request will be denied, and the applicant will be given the option to apply for a variance from the BZA. ■ Considerations: Modifications would be permitted up to five percent of any provision of the Ordinance pertaining to the physical requirements of a lot or parcel of land, including but not limited to size, height, or location of features related to any building, structure, or improvement. To approve a modification, the Zoning Administrator, similar to the Board of Zoning Appeals, must find that the request meets the three criteria shown below. 1. The strict application of the Ordinance would produce an undue hardship; and 2. Such hardship is not shared generally by other properties in the same zoning district and the same vicinity; and City of Virginia Beach Page 2 of 2 3. The authorization of the modification will not be of substantial detriment to adjacent property and the character of the zoning district will not be changed by the granting of the modification. 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 May 8, 2024, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 11-0. ■ Attachments: Staff Report Ordinance Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department a4�� City Manager: 1 AN ORDINANCE TO AMEND SECTION 103 2 OF THE CITY ZONING ORDINANCE 3 PERTAINING TO THE GRANTING OF 4 MODIFICATIONS BY THE ZONING 5 ADMINISTRATOR 6 7 Section Amended: § 103 of the City Zoning 8 Ordinance 9 10 WHEREAS, the public necessity, convenience, general welfare and good zoning 11 practice so require; 12 13 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 14 BEACH, VIRGINIA: 15 16 That Section 103 of the City Zoning Ordinance is hereby amended and 17 reordained to read as follows: 18 19 Sec. 103. Administration. 20 21 . . . . 22 23 (m) The zoning administrator is authorized to grant a modification of up to five (5) 24 percent of any provision contained in the zoning ordinance with respect to physical 25 requirements on a lot or parcel of land including but not limited to size height location 26 or features of or related to any building structure or improvements if the administrator 27 finds in writing that: 28 29 (i) the strict application of the ordinance would produce undue hardship; and 30 31 (ii) such hardship is not shared generally by other properties in the same 32 zoning district and the same vicinity' and 33 34 iii) the authorization of the modification will not be of substantial detriment to 35 adjacent property and the character of the zoning district will not be changed 36 by the granting of the modification. 37 38 Prior to the granting of a modification the zoning administrator shall give all 39 adjoining property owners written notice of the request for modification and an 40 opportunity to respond to the request within 21 days of the date of the notice A sign 41 shall be posted on the property subject to the modification from the application date for 42 30 days. The zoning administrator shall decide on the application for modification and 43 issue a written decision with a copy provided to the applicant and any adjoining 44 landowner who responded in writing to the notice sent pursuant to this paragraph The 45 decision of the zoning administrator shall constitute a decision within the purview of $ 1 46 15.2-2311 and may be appealed to the board of zoning appeals Decisions of the board 47 of zoning appeals may be appealed to the circuit court as provided by § 15 2-2314 48 49 Every application for a modification shall be sent to the Zoning Administrator and 50 accompanied by a fee of two hundred dollars ($200 00) Such fee shall include all costs 51 of staff resources and notification. Each lot upon which a modification is requested shall 52 be subject of a separate application and fee. 53 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 2024. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: tanning Department City Attorney's Office CA16489 R-4 April 15, 2024 2 Item Applicant City of •. Planning Commission Public1 Administrative Modificationsby • ('ili/ni Administrator Virginia Beach An Ordinance to amend Section 103 of the City Zoning Ordinance pertaining to the granting of modifications by the Zoning Administrator. Proposed fee: $200;Authority:Virginia Code Section 15.2-2286. Documentation found at the Planning and Community Development Department-2875 Sabre Street, Suite 500, (757) 385-4621. Summary of • The purpose of this amendment is to grant the Zoning Administrator the authority to make minor modifications to the provisions of the Zoning Ordinance. Modifications would be permitted up to five percent of any provision of the Ordinance pertaining to the physical requirements of a lot or parcel of land, including but not limited to size, height, or location of features related to any building, structure, or improvement. To approve a modification,the Zoning Administrator, similar to the Board of Zoning Appeals, must find that the request meets the three criteria shown below. 1. The strict application of the Ordinance would produce an undue hardship; and 2. Such hardship is not shared generally by other properties in the same zoning district and the same vicinity; and 3. The authorization of the modification will not be of substantial detriment to adjacent property and the character of the zoning district will not be changed by the granting of the modification. Recommendation Staff recommends approval of this Ordinance. Granting the Zoning Administrator the authority to make modifications to the dimensional requirements of the Zoning Ordinance alleviates the need for a Board of Zoning Appeals (BZA)variance for minor items that are not expected to have detrimental impacts on surrounding properties. This Ordinance upholds the integrity of the Zoning Ordinance by restricting approvable modifications to only five percent and requiring that the Zoning Administrator make findings similar to those of the BZA. Additionally, a process for the notification of the adjacent property owners is established to allow them to provide comments or concerns. Should there be valid and substantiated objections from the neighboring properties,the request will be denied, and the applicant will be given the option to apply for a variance from the BZA. City of Virginia Beach Agenda Item 1 Page 1 Virginia Beach Planning Commission May 8, 2024, Public Meeting Agenda Item # 1 City of Virginia Beach RECOMMENDED FOR APPROVAL - CONSENT Mr. Alcaraz: All right, thank you. Now, I'll pass it on to the Vice Chair for the Consent Agenda. Ms. Cuellar: Thank you, Mr. Chairman. Today we have eight items on the Consent Agenda. These are applications that are recommended for approval by staff and the planning commission concurred, and there are no speakers signed up in opposition. We'll go ahead and start with Agenda Item Number One, City of Virginia Beach. Mr. Kemp: Thank you. The first item here is an ordinance to amend Section 103 of the Zoning Ordinance, which would permit the Zoning Administrator to make minor modifications to the dimensional requirements of the ordinance. It does so by adding a Section M. What this does specifically is it allows the Zoning Administrator to modify provisions of the Zoning Ordinance by up to 5%. This deals with dimensional requirements, things such as the size, height, or the location of building structures or improvements on the lot. It also establishes a criteria for which the zoning administrator has to review each request and what they have to find. Those are that the strict application of the ordinance would produce an undue hardship, that the hardship is not shared with properties in the same zoning district or vicinity, and that it would not cause a hardship on the adjoining properties. There's also a notification process that's put in place. The Zoning Administrator has to mail out letters to the adjacent property owners to which they have 21 days to respond. A sign will also be posted on the site for 30 days. If there is opposition to it, the Zoning Administrator will review that opposition. If it's substantiated, they would then go to, or have the opportunity to go to the Board of Zoning Appeals for a Variance Request. Lastly, there is a $200 fee associated with this application, and that covers the staff resources and notification costs. Thank you. Ms. Cuellar: Thank you, Mr. Kemp. Is there any opposition to this item being placed on the Consent Agenda? Hearing none, we'll go forward with our next item number, and even though we all know you, please state your name for the record. Ms. Cuellar: Thank you very much, Commissioner. Mr. Chairman, that was the last item on the consent agenda. The Planning Commission places the following applications on the consent agenda. Items number 1 , 2, 3. 4,6, 7, 9, and 10. Mr. Alcaraz: All right, thank you. Do I have a motion to approve. Ms. Cuellar: I move that these items be approved by consent. Mr. Alcaraz: Okay. Mr. Plumlee: I second. Mr. Alcaraz: Second by Mr. Plumlee. Clerk: By a vote of 11 :0, Agenda Items 1, 2, 3, 4, 6, 7, 9, and 10 have been recommended for approval. AYE 11 NAY 0 ABS 0 ABSENT 0 Alcaraz AYE Anderson AYE B ler AYE Cromwell AYE Coston AYE Cuellar AYE Estaris AYE Hi en AYE Mauch AYE Parks AYE Plumlee AYE rr Ku'�t S¢� �� £T s; CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: AN ORDINANCE TO AMEND SECTION 1906 OF THE CITY ZONING ORDINANCE PERTAINING TO THE COMPOSITION OF THE OLD BEACH DESIGN REVIEW COMMITTEE. MEETING DATE: June 4, 2024 ■ Background: Section 1906 of the Zoning Ordinance establishes the parameters for the Old Beach Design Review Committee. This five-member committee is intended to preserve, enhance, and promote the character of the residential neighborhood in accordance with the Old Beach Design Guidelines and provisions of the Old Beach Overlay District. The Committee recently expressed their desire to have a design professional on the committee to address current development trends and provide insight when reviewing projects. ■ Considerations: This text amendment proposes two changes to Section 1906 regarding the required makeup of the committee members and terms of appointment. Details of the request are as follows. 1. Section 1906 (b) is amended to require one representative from the Resort Advisory Commission, rather than two representatives as is currently required. The requirement to have one "licensed design professional with relevant work experience" is added. 2. Section 1906 (c) is added to clarify the terms of appointment. Two members shall be appointed to an initial one-year term, two appointed to an initial two- year term, and one appointed to a three-year term. All subsequent reappointments shall be three-year terms. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. The proposed amendment was presented to the Old Beach Design Review Committee on April 11, 2024, who voted unanimously to accept the proposed language. There is no known opposition to this request. ■ Recommendation: On May 8, 2024, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 11-0. City of Virginia Beach Page 2 of 2 ■ Attachments: Staff Report Ordinance Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. ",-- - ) Submitting Department/Agency: Planning Department City Manager:fIfol-D 1 AN ORDINANCE TO AMEND SECTION 1906 2 OF THE CITY ZONING ORDINANCE 3 PERTAINING TO THE COMPOSITION OF 4 THE OLD BEACH DESIGN REVIEW 5 COMMITTEE 6 7 Section Amended: § 1906 of the City Zoning 8 Ordinance 9 10 WHEREAS, the public necessity, convenience, general welfare and good zoning 11 practice so require; 12 13 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 14 BEACH, VIRGINIA: 15 16 That Section 1906 of the City Zoning Ordinance is hereby amended and 17 reordained to read as follows: 18 19 Sec. 1906. Old Beach Design Review Committee. 20 21 (a) The Old Beach Design Review Committee, hereinafter referred to as the 22 "committee", is established as a resource for those seeking to develop within the 23 Old Beach Overlay District. The committee is intended to preserve, enhance, and 24 promote the character of the residential neighborhood in accordance with the Old 25 Beach Design Guidelines and provisions of the Old Beach Overlay District. Plan 26 submission and review by the committee is voluntary. 27 28 (b) The Old Beach Design Review Committee shall consist of five (5) members 29 selected by Virginia Beach City Council, twe (2) one 1 representative from the 30 Resort Advisory Commission, three (3) representatives who reside or own 31 property within the area encompassed by the Old Beach Overlay District, and 32 one (1) licensed design professional with relevant work experience. All 33 committee members shall be qualified by knowledge or experience to make 34 decisions on questions of neighborhood planning or design. A member of the 35 City of Virginia Beach Planning staff shall serve as liaison to the committee as 36 needed. 37 38 (c) The composition of the Committee as of 5/21/2024, shall all be reappointed in 39 compliance with the requirements above and two shall be appointed to an initial 40 one-year term, two appointed to an initial two-year term, and one appointed to a 41 three-year term, with any subsequent reappointments being for three-year terms. 42 43 44 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 45 of 2024. 46 47 48 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Planning Department City Attorney's Office CA 16461 R-3 April 8, 2024 Item Applicant City of •. Planning Commission Public Hearing May 8, 2024 • • Committee2 A__ol /B Virginia Beach An Ordinance to amend Section 1906 of the City Zoning Ordinance pertaining to the composition of the Old Beach Design Review Committee. Summary of • Section 1906 of the Zoning Ordinance establishes the parameters for the Old Beach Design Review Committee.This five- member committee is intended to preserve,enhance, and promote the character of the residential neighborhood in accordance with the Old Beach Design Guidelines and provisions of the Old Beach Overlay District. This text amendment proposes two changes to Section 1906 regarding the required makeup of the committee members and terms of appointment. Details of the request are as follows. 1. Section 1906 (b) is amended to require one representative from the Resort Advisory Commission, rather than two representatives as is currently required.The requirement to have one "licensed design professional with relevant work experience" is added. 2. Section 1906 (c) is added to clarify the terms of appointment.Two members shall be appointed to an initial one- year term,two appointed to an initial two-year term, and one appointed to a three-year term.All subsequent reappointments shall be three-year terms. Recommendation Staff recommends approval of this Ordinance.The Old Beach Design Review Committee unanimously voted to accept the proposed language of this text amendment at their April 111h meeting.They expressed their desire to have a design professional on the committee to address current development trends and provide insight when reviewing projects.The addition of term limits is recommended to create consistency with other boards, commissions, and committees in the city. City of Virginia Beach Agenda Item 2 Page 1 Virginia Beach Planning Commission May 8, 2024, Public Meeting Agenda Item #2 City of Virginia Beach RECOMMENDED FOR APPROVAL - CONSENT Ms. Cuellar: Thank you, Mr. Kemp. Is there any opposition to this item being placed on the Consent Agenda? Hearing none, we'll go forward with our next item number, and even though we all know you, please state your name for the record. Mr. Kemp: I am Kevin Kemp. I'm the Zoning Administrator for the City of Virginia Beach, and I'm the same person who did the first item for the record. All right the second item is an ordinance to amend section 1906 of the zoning ordinance, and this is in regards to the composition and appointment terms for the members of the Old Beach Design Review Committee. In regards to the composition, currently this committee has five members, two are required to be from the Resort Advisory Commission, and the other three are required to be either residence or property owners of the Old Beach neighborhood. What this amendment does is it takes one of the required members from RAC and replaces them with a licensed design professional with relevant work experience. The second change of the amendment is in terms of the appointments, and this is just clarifying. So it adds a subsection that says two of the members will be appointed to one year, first their first term of one year, two to two years, and one member to a three year term, and all subsequent appointments will be three years. Thank you. Ms. Cuellar: Thank you. Mr. Kemp. Is there any opposition to this item being placed on the consent agenda? Okay. Thank you very much. You may be seated. Our next item on the consent agenda is Item Number Three, and we've asked Commissioner Anderson to read that into the record, please. Ms. Cuellar: Thank you very much, Commissioner. Mr. Chairman, that was the last item on the consent agenda. The Planning Commission places the following applications on the consent agenda. Items number 1, 2, 3. 4,6, 7, 9, and 10. Mr. Alcaraz: All right, thank you. Do I have a motion to approve. Ms. Cuellar: I move that these items be approved by consent. Mr. Alcaraz: Okay. Mr. Plumlee: I second. Mr. Alcaraz: Second by Mr. Plumlee. Clerk: By a vote of 11:0, Agenda Items 1, 2, 3, 4, 6, 7, 9, and 10 have been recommended for approval. AYE 11 NAY 0 ABS 0 ABSENT 0 Alcaraz AYE Anderson AYE B ler AYE Cromwell AYE Coston AYE Cuellar AYE Estaris AYE Hi en AYE Mauch AYE Parks AYE Plumlee AYE M. APPOINTMENTS 90-DAY FESTIVAL TASK FORCE ACTIVE TRANSPORTATION ADVISORY COMMITTEE ADVERTISING ADVISORY COMMITTEE ARTS AND HUMANITIES COMMISSION BAYFRONT ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION CLEAN COMMUNITY COMMISSION EASTERN VIRGINIA REGIONAL INDUSTRIAL FACILITY AUTHORITY GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMITTEE HUMAN RIGHTS COMMISSION OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PERSONNEL BOARD PROCESS IMPROVEMENT STEERING COMMITTEE PUBLIC LIBRARY BOARD RESORT ADVISORY COMMISSION SOCIAL SERVICES ADVISORY BOARD TRANSITION AREA/ITA ADVISORY COMMITTEE VB VA250 COMMITTEE O. NEW BUSINESS P. ADJOURNMENT OPEN DIALOGUE Non-Agenda Items Each Speaker will be allowed 3 minutes If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 3854303 The Agenda (including all backup documents) is available at https://clerk.virginiabeach.gov/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 3 85-4303. 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:Hvbgov.webex.com/weblink/register/rcf7fb896692d38abl 51 a339d70dc858e 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on June 4, 2024. CITY OF VIRGINIA BEACH R SUMMARY OF COUNCIL ACTIONS O S B H S E U - S DATE:05/21/2024 PAGE: 1 R T H C L H C R A H T W W U E H E M R U A I O C D N E M M O L Y L O C Y L S I O U M L S T AGENDA H E E O C N S A O O E ITEM# SIJBJECI MOTION VOTE 1 R Y N K D F. N R N N 1 CITY COUNCIL'S BRIEFINGS A. CANNABIS ADVISORY TASK FORCE Andrew Lock,Chair UPDATE —Cannabis (Requested by Mayor Dyer and Councilmember Advisory Task Berlucchi) Force Jason Blanchette, Vice-Chair— Cannabis Advisory Task Force 13. VDOT LASKIN ROAD UPDATE Chris Hall, Hampton Roads District Engineer— VDOT C. INTERSTATE-264/INDEPENDENCE David Jarman, BOULEVARD INTERCHANGE UPDATE Transportation (Requested by Vice-Mayor Wilson&Council Division Manager Members Ross-Hammond and Schulman) —Public Works 1). COLLECTIVE BARGAINING ADVISORY Tiffany Russell, REFERENDUM Director— (Requested by Mayor Dyer) Communications Dana Harmeyer, Senior City Attorney II.-V. CERTIFICATION OF CLOSED SESSION CERTIFIED 7-0 A Y Y Y Y A Y A 1 A Y A-F G. MINUTES APPROVED 7-0 Y Y 1 Y A l A l A Y 1. SPECIAL FORMAL SESSION April 30,2024 2• INFORMAL AND FORMAL SESSIONS APPROVED 6-0 1 Y 1' Y Y A A A Y A Y May 7,2024 B S T A I N F D 3. SPECIAL FORMAL SESSION APPROVED 7-0 A May 14,2024 Ii. MAYOR'S PRESENTATIONS 1. RESOLUTION The Worrell 1000 Race—501 Anniversary 2. PROCLAMATION Historic Preservation Month C.Mac Rawls accepting 3. PROCLAMATION Public Works Week LJ Hansen,Director—Public Works 4. PROCLAMATION Emergency Medical Services Week Deputy Chief Clay Cofer accepting CITY OF VIRGINIA BEACH R SUMMARY OF COUNCIL ACTIONS O S B H S E U S DATE:05/21/2024 PAGE: 2 R T H C L H C R A H T W UN U E H E M R U A I C D N E M M O L Y L C Y L S 1 O U M L S AGENDA H E E O C N S A O O ITEM# SUBJECT MOTION VOTE I R Y N K D L N R N I. PUBLIC HEARINGS l. ACQUISITION,BY AGREEMENT OR NO SPEAKERS CONDEMNATION Parliament Drive Sidewalk Improvements Phase Il Project,CIP 100301 LEASE OF CITY PROPERTY—FARMERS NO SPEAKERS MARKET Building 1, Space 9 to Andrew Skipper d/b/a Skipper Farms Building 3,Space 13 to S&H Produce,Inc. K.1. Resolution to DIRECT the City Manager to ADOPTED,BY 6-1 \ l 1 l' proceed with certain recommendations ofthe 2024 CONSENT Housing Study (Requested by Council Members Hutcheson, Rouse,and Wooten) K.2. Ordinance to AUTHORIZE temporary ADOPTED,BY 7-0 1 Y Y Y 1' Y A Y \ Y encroachments into a 100'City-Owned man-made CONSENT canal known as Ashville Bridge Creek and into a 5' City-Owned drainage easement at the rear of 2524 Las Corrales Court re maintain two (2) existing wood floating docks,a wood fixed dock, two(2)wood fingers,wood pier,wood fence, pool, and concrete surrounding the pool DISTRICT 2 K.3. Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY 7-0 A l Y Y l" 1" \ Y \ 1 $53,169 from the United States Department of CONSENT Housing and Urban Development to the FY 2023- 24 Housing and Neighborhood Preservation Operating Budget and AUTHORIZE a local match from work performed by existing staff re oversight and management of the Continuum of Care Program Grant Program K.4. Ordinance to APPROPRIATE$1-Million from ADOPTED,BY 7-0 \ Y Y Y 1' \ Y A Y \ l" the Net Assets of the Water and Sewer Enterprise CONSENT Fund to the FY 2023-24 Public Utilities Operating Budget re continue normal operation for the remainder of the fiscal year K.5. Ordinance to APPROPRIATE$225,000 from the ADOPTED,BY 7-0 \ Y Y 1 l" \ Y A l 1' fund balance of the Federal Section 8 Program CONSENT Special Revenue Fund to the FY 2023-24 Housing and Neighborhood Preservation Operating Budget re cover contracted manpower for the remainder of the fiscal year 1 .1. CARL R.ELLIS,JR for a Variance to Section DEFERRED TO 7-0 A Y Y Y ti A Y A Y Y 4.4(b)of the Subdivision Regulations re subdivide JUNE 18,2024,BY the lot to create two(2)single-family dwelling CONSENT lots at 2620 Broad Bay Road DISTRICT 8 (Deferred from April 16,2024) L. 617 VANDERBILT,LLC for a Street Closure re APPROVED/ 7-0 \ Y 1" Y 1 A Y A Y \ 1 7.5-toot portion of an unnamed, unimproved CONDITIONED, alley adjacent to the rear of 901 Vanderbilt BY CONSENT Avenue in Croatan DISTRICT 5 CITY OF VIRGINIA BEACH R SUMMARY OF COUNCIL ACTIONS O S B H S E U S DATE:05/21/2024 PAGE: 3 R T H C L H C R A H T W W U E H E M R U A I O C D N E M M O L Y L O C Y L S I O U M L S T AGENDA H E E O C N S A O O E ITEM# SUBJECT MOTION VOTE I R Y N K D E N R N N L.3. MCDONALD NURSERIES OF VIRGINIA APPROVED/ _-u 1 1' l" 1" Y A Y 1' BEACH,INC for a Modification of Proffers to a MODIFIED/AS Conditional Rezoning and a Conditional Use PROFFERED/ Permit re bulk storage yard at 1144 Independence CONDITIONED, Boulevard,4015 Mason Street,parcel directly West BY CONSENT of 1144 Independence Boulevard and 4011,4017, 4021 Mason Street DISTRICT 9 L.4. ALL THINGS BEAUTY / KRAMBIAS APPROVED/ 7-0 A Y Y Y Y A Y Y Y PROPERTIES, LLC for a Conditional Use CONDITIONED, Permit re tattoo parlor at 250 Jersey Avenue, BY CONSENT Unit 245 DISTRICT 4 L.S. SHANEEQUA CREIGHTON for a Conditional APPROVED/ 7-0 l' Y Y Y A Y A Y A 1' Use Permit re family day-care at 5115 Richard CONDITIONED, Road DISTRICT 4 BY CONSENT L.6. PHENOMENAL KIDZ / CRESCENTE & APPROVED/ 7-0 A Y Y Y Y A l" A MERYLL DELGADO for a Conditional Use CONDITIONED, Permit re family day-care at 1600 Castlefield BY CONSENT Road DISTRICT 7 1-7. INTI & LUGH VENTURES, LLC d/b/a DEFERRED 7-0 A Y Y Y l' A 1' A Y' A 1' RELIABLE DETAILERS / TIMBERLAKE INDEFINITELY, SHOPPING CENTER ASSOCIATES,LLC for BY CONSENT a Conditional Use Permit re car wash facility at 4239 Holland Road,Suite 772 DISTRICT 10 L.8. MICHAEL O'CONNOR / MICHAEL H. & APPROVED/ 7-0 A Y Y Y CHERYL K.O'CONNOR for a Conditional Use CONDITIONED, Permit re short-term rental at 303 Atlantic BY CONSENT Avenue,Unit 1202 DISTRICT 5 L.9. JAMES MOORE for Conditional Use Permits re APPROVED/ 7-0 short-term rentals at 919 Pacific Avenue,Units A CONDITIONED, &C DISTRICT 5 BY CONSENT LAO Ordinance to AMEND Section I I I of the City APPROVED,BY 7-0 1 Y Y Y 1' A l' A Y A 1" Zoning Ordinance (CZO) re the definitions of CONSENT permanent cosmetic tattooing,personal service establishments, and tattoo parlor and ADD Section 209.8 to the CZO re provisions of permanent cosmetic tattooing L.11. Ordinance to AMEND Sections 201 and 206 of APPROVED,BY 7-0 A 1' l l l A 1" A l A 1" the City Zoning Ordinance(CZO)re placement of CONSENT Stormwater Facilities Ni. APPOINTMENTS RESCHEDULED 13 1' ( O N S E N ti U S 90-DAY FESTIVAL TASK FORCE ACTIVE TRANSPORTATION ADVISORY COMMITTEE ADVERTISING ADVISORY COMMITTEE ARTS AND HUMANITIES COMMISSION BAYFRONT ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION CLEAN COMMUNITY COMMISSION EASTERN VIRGINIA REGIONAL INDUSTRIAL FACILITY AUTHORITY GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMITTEE HUMAN RIGHTS COMMISSION OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION CITY OF VIRGINIA BEACH R SUMMARY OF COUNCIL ACTIONS O S B H S E U S DATE:05/21/2024 PAGE: 4 R T H C L H C R A H T W W U E H E M R U A I O C D N E M M O L Y L O C Y L S I O U M L S T AGENDA H E E O C N S A O O E ITEM# SUBJECT MOTION VOTE I R Y N K D F N R N N PERSONNEL BOARD PROCESS IMPROVEMENT STEERING COMMITTEE PUBLIC LIBRARY BOARD RESORT ADVISORY COMMISSION SOCIAL SERVICES ADVISORY BOARD TRANSITION AREA/ITA ADVISORY COMMITTEE VB VA250 COMMITTEE N. UNFINISHED BUSINESS O. NEW BUSINESS P. ADJOURNMENT 6:33 PM