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HomeMy WebLinkAbout8-20-2024 FORMAL SESSION AGENDA CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR ROBERT M. "BOBBY"DYER,At Large G�r11A4t gc VICE MAYOR ROSEMARY WILSON-District 5 MICHAEL F.BERLUCCHI-District 3 p� L� BARBARA M.HENLEY-District 2 DAVID HUTCHESON-District I U w ROBERT W. "WORTH"REMICK-District 6 DR.AMELIA N.ROSS-HAMMOND-District 4 JENNIFER ROUSE-District 10 ` JOASHUA F. "JOASH"SCHULMAN-District 9 CHMS TAYLOR-District 8 SABRINA D.WOOTEN-District 7 CITY HALL BUILDING I CITY COUNCIL APPOINTEES 2401 COURTHOUSE DRIVE CITY MANAGER-PATRICK A DUHANEY VIRGINIA BEACH, VIRGINIA 23456 CHYATMRNEY-MARKD.STILES CITY COUNCIL AGENDA PHONE:(757)385-4303 CITY ASSESSOR-SUE CUNNINGHAM FAX(757)385-5669 CITY AUDITOR-LYNDONS.REMIAS August 20,2024 EMAIL:CITYCOUNCIL@VBGOV.COM CITY CLERK-AMANDA BARNES MAYOR ROBERT M. "BOBBY" DYER PRESIDING I. CITY COUNCIL'S BRIEFINGS - Conference Room- 1:30 PM A. AFFORDABLE CHILDCARE Dr. Jane Glasgow, Executive Director for Minus 9 to 5 - Eastern Virginia Medical School Barbara Lito, GrowSmart Coordinator—Economic Development (Requested by Vice Mayor Wilson and Council Members Berlucchi, Henley, Remick, Ross-Hammond, Rouse, and Schulman) B. COMMERCIAL AREA PATTERN BOOK 2:00 PM Hank Morrison, Comprehensive Planning Administrator—Planning (Requested by Council Members Ross-Hammond, Rouse, Schulman, and Wooten) C. DOMINION OFFSHORE WIND UPDATE 2:30 PM Carrie Rose Pace, Senior Communications Specialist—Dominion Energy II. CITY MANAGER'S BRIEFING A. STORMWATER MANAGEMENT ORDINANCE UPDATE 3:00 PM Melanie Coffey, Stormwater Management Regulatory Division Manager— Public Works III. CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS 3:30 PM IV. CITY COUNCIL AGENDA REVIEW 3:45 PM V. INFORMAL SESSION - Conference Room- 4:00 PM A. CALL TO ORDER B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION -City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer B. INVOCATION Reverend Steve Kelly Senior Pastor, Wave Church C. MOMENT OF SILENCE D. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA E. ROLL CALL OF CITY COUNCIL F. CERTIFICATION OF CLOSED SESSION G. MAYOR'S PRESENTATIONS 1. RESOLUTION—NEPTUNE FESTIVAL 50TH ANNIVERSARY 2. RECOGNITION OF KING NEPTUNE L Akhil Jain and Court Adam Carroll and Kylene Carroll,Celebration Chairmen 3. PROCLAMATION—GASTROPARESIS AWARENESS MONTH Lauren Katz H. FORMAL SESSION AGENDA 1. CONSENT AGENDA 1. ORDINANCES 1. Ordinance to AMEND City Code Section 5-401 re fees for the impoundment of animals and APPROPRIATE $13,915 to the Police Department re expenses related to animal impoundment at the Animal Care and Adoption Center(Requested by Council Members Berlucchi, Hutcheson, Remick, and Schulman) 2. Ordinance to AUTHORIZE the acquisition of property in fee simple and acquisition of temporary and permanent easements, either by agreement or condemnation re Shore Drive Corridor Improvements—Phase III Project,CIP 100381 (formerly CIP 2-117) 3. Ordinance to GRANT a Nonexclusive Franchise Agreement to Metro Fibernet LLC re install, operate, and maintain network facilities for telecommunication services 4. Ordinance to AUTHORIZE the execution of a Cost Participation Agreement with Princess Anne Village,LLC re construction of City stormwater improvements 5. Ordinance to ACCEPT and APPROPRIATE $23,985 from the Virginia Department of Housing and Community Development and AUTHORIZE a local grant match of$5,000 re develop a Broadband Adoption and Affordability Plan 6. Ordinance to APPROPRIATE $233,000 of fund balance from the General Fund and$233,000 of fund balance from the Tourism Investment Program(TIP) Fund to the FY2024-25 Planning Department Operating Budget re Hampton Roads Transit as the local match for the Virginia Beach West Zone and Oceanfront Zone of the Regional Microtransit Project J. PLANNING 1. BONNEY G. BRIGHT/ROSANNE BRIGHT RAY SELF-SETTLED SPECIAL NEEDS TRUST for a Variance to Section 4.4(b) of the Subdivision Regulations re create two lots at 5649& 5605 Buzzard Neck Road DISTRICT 2 RECOMMENDATION: APPROVAL 2. THALIA PLAZA, LLC for a Conditional Change of Zoning from B-2 Community Business & R-51) Residential Duplex District to Conditional B-4 Mixed Use Business District and a Variance to Section 4.4(b) of the Subdivision Regulations re redevelop two parcels and develop a 4-story mixed use building at 4317 Virginia Beach Boulevard and 216 North Fir Avenue DISTRICT 4 RECOMMENDATION: APPROVAL 3. HOLLY ROAD,LLC for a Street Closure re portion of an unnamed, unimproved 15' Lane and an unimproved portion of Holly Road adjacent to 300 Bay Colony Drive DISTRICT 6 (Deferred from July 9, 2024) RECOMMENDATION: APPROVAL 4. WILLIAM F. DADDIO & JEAN A. GENTRY for Street Closure re approximately 375 square feet of an unnamed, and unimproved alley, adjacent to the rear of 817 Vanderbilt Avenue DISTRICT 5 RECOMMENDATION: APPROVAL 5. SCOTT GRIFFITH ALDRICH & JULIA WAREING ALDRICH, TRUSTEES UNDER THE ALDRICH FAMILY TRUST for a Change in Nonconformity re alter and expand an existing dwelling at 200 43'd Street DISTRICT 6 RECOMMENDATION: APPROVAL 6. NOVA TRAMPOLINE PARK VIRGINIA BEACH, LLC / ELIAS PROPERTIES SALEM CROSSING, LLC for a Modification of Conditions to a Conditional Use Permit re indoor commercial recreation facility at 2029 Lynnhaven Parkway DISTRICT 7 RECOMMENDATION: APPROVAL 7. ERVIN JAMES for a Conditional Change of Zoning from AG-2 Agricultural District to Conditional R-10 Residential District re create two single-family residential buildings lot at 2336 Painters Lane DISTRICT 5 RECOMMENDATION: APPROVAL 8. GREEN CLEAN HOLLAND.LLC/ALP&ALEX ASLAN for a Conditional Use Permit re car wash facility at 4245 Holland Road DISTRICT 10(Deferred from July 9, 2024) RECOMMENDATION: DENIAL 9. CALIBER BODYWORKS OF VIRGINIA, LLC DBA CALIBER COLLISION CENTERS / GHS II, LC for a Conditional Use Permit re automobile repair garage at 3417 Chandler Creek Road,Units 135, 136, & 137 DISTRICT 10 RECOMMENDATION: APPROVAL 10. DIAMOND FARROW / STAR REAL ESTATE, LLC for a Conditional Use Permit re assembly use at 4604 Pembroke Lake Circle, Suite 104 DISTRICT 9 RECOMMENDATION: APPROVAL 11. BRIAN L. HARRIS / AL MASON LANDSCAPING, INC for a Conditional Use Permit re automobile repair garage at 212 Southgate Avenue& adjoining southern parcel DISTRICT 4 RECOMMENDATION: APPROVAL 12. LOGAN'S TOWING&SERVICE,INC/SOUTHGATE,LLC for a Conditional Use Permit re automobile repair garage at 225 &229 Southgate Avenue DISTRICT 4 RECOMMENDATION: APPROVAL K. APPOINTMENTS ACTIVE TRANSPORTATION ADVISORY COMMITTEE ADVERTISING ADVISORY COMMITTEE AGRICULTURE ADVISORY COMMISSION ARTS AND HUMANITIES COMMISSION BAYFRONT ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION CLEAN COMMUNITY COMMISSION COMMUNITY ORGANIZATION GRANT REVIEW AND ALLOCATION COMMITTEE COMMUNITY SERVICES BOARD DEVELOPMENT AUTHORITY EASTERN VIRGINIA INDUSTRIAL FACILITY AUTHORITY HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMITTEE HOUSING ADVISORY BOARD HUMAN RIGHTS COMMISSION OCEANA LAND USE CONFORMITY COMMITTEE OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PUBLIC LIBRARY BOARD STORMWATER MANAGEMENT IMPLEMENTATION ADVISORY GROUP TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE URBAN AGRICULTURE ADVISORY COMMITTEE VIRGINIA BEACH CANNABIS ADVISORY TASK FORCE VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION WETLANDS BOARD L. UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 The Agenda(including all backup documents)is available at https://cicrk.virginiabeach.gov/ciiy- 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(d�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: hgps://vbgov.webex.com/weblink/register/rl 05d2f3 f38956c8188e78656e 15b87b5 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on August 20,2024. I. CITY COUNCIL'S BRIEFINGS - Conference Room- 1:30 PM A. AFFORDABLE CHILDCARE Dr. Jane Glasgow, Executive Director for Minus 9 to 5 -Eastern Virginia Medical School Barbara Lito, GrowSmart Coordinator—Economic Development (Requested by Vice Mayor Wilson and Council Members Berlucchi, Henley, Remick, Ross-Hammond, Rouse, and Schulman) B. COMMERCIAL AREA PATTERN BOOK 2:00 PM Hank Morrison, Comprehensive Planning Administrator—Planning (Requested by Council Members Ross-Hammond, Rouse, Schulman, and Wooten) C. DOMINION OFFSHORE WIND UPDATE 2:30 PM Carrie Rose Pace, Senior Communications Specialist—Dominion Energy II. CITY MANAGER'S BRIEFING A. STORMWATER MANAGEMENT ORDINANCE UPDATE 3:00 PM Melanie Coffey, Stormwater Management Regulatory Division Manager— Public Works III. CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS 3:30 PM IV. CITY COUNCIL AGENDA REVIEW 3:45 PM V. INFORMAL SESSION - Conference Room- 4:00 PM A. CALL TO ORDER B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby"Dyer B. INVOCATION Reverend Steve Kelly Senior Pastor, Wave Church C. MOMENT OF SILENCE D. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA E. ROLL CALL OF CITY COUNCIL F. CERTIFICATION OF CLOSED SESSION G. MAYOR'S PRESENTATIONS l. RESOLUTION—NEPTUNE FESTIVAL 50TH ANNIVERSARY 2. RECOGNITION OF KING NEPTUNE L Akhil Jain and Court Adam Carroll and Kylene Carroll, Celebration Chairmen 3. PROCLAMATION—GASTROPARESIS AWARENESS MONTH Lauren Katz o1NIA-B�Ac U � OF OUR NA,10 AHOLITHON WHEREAS:The VIRGINL9 BEACHNEPTUNE FESTIVAL was created in 1974 to Celebrate the Beach Life and provide a source of community pride for our citizens. Recognized as the Official Celebration of the City of Virginia Beach,2024 marks the 50'Anniversary of the Neptune Festival and the unique role it plays in our City,Hampton Roads,and the Commonwealth of Virginia;and WHEREAS:The Neptune Festival's mission is to provide quality,safe,and diverse events and activities that enhance family,community,and togetherness;create a positive economic impact;and showcase the unique location of Virginia Beach as a City by the Sea;and WHEREAS:Each year the Neptune Festival selects a local business and community leader to serve as King Neptune. The King,along with the Royal Court,serve as ambassadors for the City and the Neptune Festival by volunteering with local non-profit partners as well as interacting with the public at numerous festival events;and WHEREAS.The Neptune Festival produces more than 40 safe and welcoming events every year attracting attendees,participants,and volunteers from all walks of life. As the largest festival in the Commonwealth of Virginia,it produces an annual economic impact of$26.1 Million and attracts more than 400,000 residents and visitors to the resort City across the three days of Boardwalk Weekend;and WHEREAS.The King Neptune Statue at the Virginia Beach Oceanfront was envisioned,commissioned,and funded solely through the efforts of the Neptune Festival,it remains the most iconic representation of,and photographed site in,the City. A maquette was selected by the First Lady of Virginia forproud display in the Executive Mansion to represent our City as part of the inaugural Art Experience;and WHEREAS:The Neptune Festival embraces other non-profit organizations across Hampton Roads by providing engagement and outreach opportunities to raise awareness for their causes. This program,known as Beyond the Boardwalk,encompasses several lines of effort including revenue sharing opportunities and free marketing space along the boardwalk to connect with a wide audience of prospective supporters;and WHEREAS:In recognition of the importance of public art to our community,the Neptune Festival commissions a local artist to create the annual commemorative poster art and hosts the Youth Art Show,showcasing talented middle and high school students from across the City. Additionally, the Art and Craft Show and International Sandsculpting Championship bring together professional artists from across the nation and globe to Virginia Beach; and NOW,THEREFORE,BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGIN1A BEACH, VIRGINIA:That the Virginia Beach City Council recognizes and congratulates the Virginia Beach Neptune Festival for 50 years of service,success,and celebrations and gives a special thank you to its founders, leadership, volunteers,and stafffor their devotion to our City. Given by the Council of the City of Virginia Beach, Virginia the 20 day of August 2024 and present this Resolution duly signed by each Membe the V' is Beach City Council. Gat "ember Council Member Michael F.Berlucchi Council Member Barbara M.He y Counavid utcheson louncil Member obert W "Worth" Council Member Dr.Amelia Ross- o cil mber Jennifer V.Rouse Remick Hammond Coune 4ferlitotashuSaF Schulman Council Member hris Taylor Coun 1 Member Sa rina D. Wooten Vice Mayor osemary Wilson Mayor Robert M. "Bobby"Dyer r`4GpjIAy.EAc`t f � ^ ` '. F �s sg�� OF OUR NArp�1 J v,v "&ff as: Gastroparesis is a chronic ilrness which,according to Nationaflnstitutes ofYfeafth (W79�9 estimates,affects more than S million people in the VnitedStates,yet is tittle known or understood;and U*eneas: Gastroparesis is'paralysis of the stomach"which is characterized 6y sometimes debilitating pain, nausea,vomiting,and early satiety,and can lead to serious complications such as malnourishment, dehydration,evreme weight_ Iuctuations, esophagealdamage,anddangerously erratic 6foodsugarfevefs;and Wrereas. There is tittle awareness, no known cure, andfew consistently safe,relut6le, and effective medications or treatments;and `Gt*ereas: We seek further research,improvedmedications,additional treatment options, better support,and hope for our future;and Wiereas: We seekto educate the citizens of ourstate, the meduafcommunity,and the general pu6f�c regarding the devastating effects of this disorder andpromote awareness of our condition for the good of the public health. Now,Therefore I, 1o6ert M. "Bo66y"Dyer, Mayor of the City of Virginia Beach, Virginia,do here6y proclaim: August is Gastroparesis Awareness Wwnth In'ftinia Beach,I cadupon allcitizens to promote awareness ofgastroparesis(stomach paralysis). In 'Witness 4Mtiemof, I have hereunto set my hand and caused the Officiaf Seal of the City of Virginia Beach, Virginia, to 6e affxved this Twentieth Day of August, Two Thousand andTwenty- Tour. Wg6ert M. Bo6hy"Dyer 4 1 Mayor H. FORMAL SESSION AGENDA 1. CONSENT AGENDA I. ORDINANCES 1. Ordinance to AMEND City Code Section 5-401 re fees for the impoundment of animals and APPROPRIATE $13,915 to the Police Department re expenses related to animal impoundment at the Animal Care and Adoption Center(Requested by Council Members Berlucchi, Hutcheson, Remick, and Schulman) 2. Ordinance to AUTHORIZE the acquisition of property in fee simple and acquisition of temporary and permanent easements, either by agreement or condemnation re Shore Drive Corridor Improvements—Phase III Project, CIP 100381 (formerly CIP 2-117) 3. Ordinance to GRANT a Nonexclusive Franchise Agreement to Metro Fibernet LLC re install, operate, and maintain network facilities for telecommunication services 4. Ordinance to AUTHORIZE the execution of a Cost Participation Agreement with Princess Anne Village, LLC re construction of City stormwater improvements 5. Ordinance to ACCEPT and APPROPRIATE $23,985 from the Virginia Department of Housing and Community Development and AUTHORIZE a local grant match of$5,000 re develop a Broadband Adoption and Affordability Plan 6. Ordinance to APPROPRIATE $233,000 of fund balance from the General Fund and $233,000 of fund balance from the Tourism Investment Program(TIP) Fund to the FY2024-25 Planning Department Operating Budget re Hampton Roads Transit as the local match for the Virginia Beach West Zone and Oceanfront Zone of the Regional Microtransit Project •i CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend § 5-401 of the City Code Pertaining to Fees for the Impoundment of Animals and to Appropriate Funds PUBLIC HEARING: August 13, 2024 MEETING DATE: August 20, 2024 ■ Background: Virginia Beach City Code § 5-401 fixes the fees citizens pay for the impoundment of animals at the Virginia Beach Animal Care and Adoption Center. State law regarding fees related to impoundment requires the impoundment fees to approximate the actual cost of such impoundment. In this inflationary environment, the costs associated with staffing, food, veterinarian care (including vaccinations), and holding animals has increased. ■ Considerations: The attached ordinance increases certain impoundment fees to correspond to increased costs related to holding animals at the Animal Care and Adoption Center. The Animal Services Advisory Board fully supports this amendment. The increase to the fee amount is anticipated to yield an additional $13,915, which will be allocated to offset the increased expenses. ■ Public Information: Public information will be provided through the normal Council agenda process. A public hearing will be held to solicit input on August 13, 2024. ■ Recommendations: Adopt Ordinance ■ Attachments: Ordinance Requested by Councilmembers Berlucchi, Hutcheson, Remick, and Schulman SPONSORED BY COUNCILMEMBERS BERLUCCHI, HUTCHESON, REMICK, AND SCHULMAN 1 AN ORDINANCE TO AMEND SECTION 5-401 2 OF THE CITY CODE PERTAINING TO FEES 3 FOR THE IMPOUNDMENT OF ANIMALS AND 4 TO APPROPRIATE FUNDS 5 6 SECTION AMENDED: § 5-401 7 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 9 VIRGINIA: 10 11 1. That Section 5-401 of the Code of the City of Virginia Beach, Virginia, is hereby 12 amended and reordained to read as follows: 13 Sec. 5-401. Fees for the impoundment and adoption of animals, generally. 14 (a) The bureau of animal control is hereby authorized to charge a fee of fifty dollars 15 ($50.00) for the first tweet,-four 24, hour pedod day an animal is impounded and 16 two fifteen dollars I-0 per day for each additional day or part thereof for 17 the care of any animal impounded for any reason. Impoundment fees ma,, be waived 18 if the animal is reclaimed within the first twenty-four(24) hour period and it is the first 19 time the animal has-been impounded within a twelve(12) month period Ah additional 20 fee of fifty: dollars (550.00) shall be charged if it is the second time such animal has 21 been impounded within a twelve (12) month period. For third and subsequent 22 impoundments within a twelve (12) month ep rio I there shall be an additional fee of 23 one hundred dollars ;`_�100.00!, 24 (b) If a dog or cat impounded under this article is not claimed by its owner or caretaker 25 within five (5) days or within ten (10) days if the dog or cat has a collar, tag, license 26 tattoo, or other form of identification, it shall be disposed of in accordance with the 27 provisions of Code of Virginia § 3.1-796.96. 28 (c) In the event any person proposes to adopt such dog or cat, pursuant to such section, 29 he shall pay a fee of twenty-five dollars ($25.00)for dogs; twenty dollars($20.00)for 30 cats; and fifteen dollars ($15.00) for all other animals to cover the cost of transfer, 31 seizure and veterinary care for the animal. 32 (d) Any person adopting an animal spayed or neutered at the expenses of the city shall 33 also incur an additional cost of one hundred dollars ($100.00) for dogs, and forty 34 dollars ($40.00) for cats. In the event sterilization services are not available from the 35 city, any person adopting an unaltered animal will be required to deposit an additional 36 one hundred dollars($100.00)for dogs, and forty dollars($40.00)for cats which shall 37 be reimbursed if proof of sterilization is presented to the bureau of animal control 38 within thirty (30) days of the adoption. 39 (e) Notwithstanding the provisions of subsections (c) and (d) above, the chief of police 40 is authorized to lower the adoption fees for(1)special adoption events and (2) in the 41 event of excessive shelter over-population. 42 (f) The person desiring to adopt the animal shall sign an adoption contract agreeing to 43 abide by the rules and regulations of the Animal Care and Adoption Center. 44 45 2. $13,915 is hereby appropriated, with miscellaneous revenue increased 46 accordingly,to the Police Department for expenses related to animal impoundment 47 at the Animal Care and Adoption Center. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2024. Requires anIaflrrmWive vote by a majority of all of the members of the City Council. APPRO D S TO CONTENT: APPROVED AS TO CONTENT: Police D artment Budget and Management Services APPROVED AS TO LEGAL SUFFICIENCY: Office Attom ftY eY CA16605 R-1 July 23,2024 s CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize acquisition of property in fee simple for right-of-way for the Shore Drive Corridor Improvements - Phase III Project, CIP 100381 (formerly CIP 2-117), and the acquisition of temporary and permanent easements, either by agreement or condemnation, reflecting areas changed since previous authority was granted PUBLIC HEARING DATE: August 13, 2024 MEETING DATE: August 20, 2024 ■ Background: On December 6, 2022, Council adopted Ordinance ORD-3717C (the "2022 Ordinance") approving the major design features and authorizing the acquisition of property and easements by agreement or condemnation for the Shore Drive Corridor Improvements - Phase III Project, CIP 100381 (formerly CIP 2-117) (the "Project"). The Project is to improve safety for motorists, pedestrians, and bicyclists. The Project includes bike lanes, sidewalks and crosswalks, and property entrances will be consolidated and oriented to the side streets where practical. New drainage pipes and structures will be added. In areas of known flooding, the roadway profile will be raised. Overhead utilities will be relocated underground at the intersections and mid-block crossings to improve visibility as well as aesthetics. New streetlights and lower-level pedestrian lighting will be provided, and existing signalized intersections will be upgraded with new uniform mast arm signal equipment. The corridor will remain a four-lane, divided arterial facility with a raised median. The speed limit will remain 35 miles per hour. Since the 2022 Ordinance was adopted, Public Works has made various design changes to the Project along Shore Drive including: changes to access (ingress/egress to Shore Drive), relocation of public and private utilities, and sizes of property and easements being acquired for the Project. The plats and plans for the Project have been amended to include the revised areas. ■ Considerations: The major design features of the Project, as approved in the 2022 Ordinance, have not changed. ■ Public Information: An advertised public hearing will be held on August 13, 2024, and public notice will be provided via the normal Council agenda process. A previous hearing on the Project occurred on November 15, 2022. ■ Alternatives: Deny the Ordinance and risk delaying the Project ■ Recommendation: Approval. ■ Attachments: Ordinance, Ordinance 3717C and Location Map (dated 10/21/2022) Recommended Action: Approval Submitting Department/Agency: Public Works/Engineering & Public Works/Real Estate City Manager: 6,2z 1 AN ORDINANCE TO AUTHORIZE 2 ACQUISITION OF PROPERTY IN FEE SIMPLE 3 RIGHT-OF-WAY FOR THE SHORE DRIVE FOR 4 CORRIDOR IMPROVEMENTS - PHASE III 5 PROJECT, CIP 100381 (FORMERLY CIP-2- 6 117), AND THE ACQUISITION OF 7 TEMPORARY AND PERMANENT a EASEMENTS, EITHER BY AGREEMENT OR 9 CONDEMNATION, REFLECTING AREAS 10 CHANGED SINCE PREVIOUS AUTHORITY 11 WAS GRANTED 12 13 WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a 14 public necessity exists for the construction of this important roadway project to improve 15 transportation within the City and for other related public purposes for the preservation of 16 the safety, health, peace, good order, comfort, convenience, and for the welfare of the 17 people in the City of Virginia Beach; 18 19 WHEREAS, on December 6, 2022 City Council adopted Ordinance 3717C 20 approving the major design features and authorizing the acquisition of property and 21 easements by agreement or condemnation for the Shore Drive Corridor Improvements — 22 Phase III Project, CIP 100381 (formerly CIP 2-117) (the "Project"); 23 24 WHEREAS, due to Project design changes, it is necessary to amend the City 25 Council's authorization to acquire property and easements either by agreement or 26 condemnation to reflect the updates to the plats and plans since Ordinance 3717C was 27 adopted; and 2s 29 WHEREAS, the major design features of the Project as previously approved have 30 not changed. 31 32 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 33 VIRGINIA BEACH, VIRGINIA: 34 35 Section 1. That the City Council authorizes the acquisition by purchase or 36 condemnation pursuant to Sections 15.2-1901, et seq., Sections 33.2-1007, et seq., and 37 Title 25.1 of the Code of Virginia of 1950, as amended, of all that certain real property in fee 38 simple, including temporary and permanent easements and entire tracts upon which such 39 rights-of-way or easements shall be located, within the limitations and conditions of Section 40 33.2-1007 of the Code of Virginia of 1950, as amended (the "Property"), as shown on the 41 Project plans entitled "SHORE DRIVE CORRIDOR IMPROVEMENTS- PHASE III CIP#2- 42 117 AND #7-409 PWCN-11-1092; UPC #102739 STATE PROJECT NO. 0060-134-R67, 43 and more specifically described on the acquisition plats for the Project (plats and plans 44 collectively referred to as the "Plans"), the Plans being on file in the Engineering Division, 45 Department of Public Works, City of Virginia Beach, Virginia. 46 47 Section 2. That the City Manager is hereby authorized to make or cause to be made 48 on behalf of the City of Virginia Beach, to the extent that funds are available, a reasonable 49 offer to the owners or persons having an interest in said Property. If refused, the City 50 Attorney is hereby authorized to initiate, prosecute and settle or resolve proceedings to 51 condemn said Property. 52 53 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 54 , 2024. CA16483 PREPARED: 5/23/2024 R-1 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM -� PUBLIC WORKS/REAL ESTATE CITY�17T&NCY I AN ORDINANCE TO AUTHORIZE 2 ACQUISITION OF PROPERTY IN FEE SIMPLE 3 FOR THE SHORE DRIVE CORRIDOR 4 IMPROVEMENTS - PHASE III PROJECT, CIP 5 100381 (FORMERLY CIP 2-117), AND THE 6 ACQUISITION OF TEMPORARY AND 7 PERMANENT EASEMENTS, EITHER BY 8 AGREEMENT OR CONDEMNATION 9 10 WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a 11 public necessity exists for the construction of this important roadway project to improve 12 transportation and safety within the City and for other related public purposes for the 13 preservation of the safety, health, peace, good order, comfort, convenience, and for the 14 welfare of the people in the City of Virginia Beach. 15 16 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 17 VIRGINIA BEACH, VIRGINIA: 18 19 Section 1. That the City Council authorizes the acquisition by purchase or 20 condemnation pursuant to Sections 15.2-1901, et seq., Sections 33.2-1007, et seg., and 21 Title 25.1 of the Code of Virginia of 1950, as amended,of all that certain real property in fee 22 simple, including temporary and permanent easements and entire tracts upon which such 23 rights-of-way or easements shall be located,within the limitations and conditions of Section 24 33.2-1007 of the Code of Virginia of 1950, as amended (the "Property"), as shown on the 25 plans entitled "SHORE DRIVE CORRIDOR IMPROVEMENTS - PHASE III CIP # 2-117 26 AND#7-409 PWCN-11-0192; UPC#102739 STATE PROJECT NO. 0060-134-R67" (the 27 "Project"),and more specifically described on the acquisition plats for the Project (plats and 28 plans collectively referred to as the "Plans"), the Plans being on file in the Engineering 29 Division, Department of Public Works, City of Virginia Beach, Virginia. 30 31 Section 2. That the City Manager is hereby authorized to make or cause to be made 32 on behalf of the City of Virginia Beach, to the extent that funds are available, a reasonable 33 offer to the owners or persons having an interest in said Property. If refused, the City 34 Attorney is hereby authorized to initiate, prosecute and settle or resolve proceedings to 35 condemn said Property. 36 37 Adopted by the Council of the City of Virginia Beach, Virginia,on the day of 38 �� _ , 2022. PREPARED: 10/20/2022 CA15811 R-1 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM 4 A PUBLIC WORKS/ AL ESTATE CITY OR r—EY� �<.�p,w������!�mid•c � �� � �� °� sny•e. Aw S N O EA ' 1 O� E G V G Ep,N , o,', oR 1 z 13 t ti z� �► ,�o,� r , r xrn03 !. o. 3 ,, ,tL�i.� �'� �' ,ate•�.'` - i `.� _s ,�' r► NCR° ►'ram' �, � D �e���� � . 1 mot IRV - '"� �11� �0 ,ter #► LOCATION MAP Le g i end rDOLPHIN15D .�r.�BASIN RD,,! ®■//�®/*6uG + ,: ►` '� �� _ SHORE DRIVE City Properties �■►'i' i;MA #100381 Project Area Feet t 0 300 600 1,200 Prepared by P.W/Eng/Eng. Support Services Bureau 10/21/202 \CADD\Projects\ARC Files\AGENDA MAPS\CIP 100381\CIP 100381 Aerial mxd �NLA�Acl CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Granting a Nonexclusive Franchise Agreement to Metro Fibernet LLC to Install, Operate, and Maintain Network Facilities for Telecommunication Services in the City's Public Streets and Rights-of- Way PUBLIC HEARING: August 13, 2024 MEETING DATE: August 20, 2024 ■ Background: Metro Fibernet, LLC ("Metronet") desires to utilize the public streets and rights-of-way in the City of Virginia Beach to install, operate and maintain a fiber network and provide related communications services. Metronet is seeking to enter into a nonexclusive franchise agreement ("Franchise") with the City. ■ Considerations: The term of the Franchise will be ten years. The term will automatically renew for up to three (3) additional ten (10) year terms, for a maximum of forty (40) years, unless either party gives ninety (90) days written notice to terminate the Franchise. Additional terms and conditions of the Franchise are set forth in the summary of terms attached to the ordinance. ■ Public Information: A solicitation for bids was advertised on July 28, 2024 and on August 4, 2024, as required by Virginia Code §15.2-2101. The bid opening is scheduled for August 13, 2024. A public hearing was advertised on August 4, 2024, as required by Virginia Code §15.2-1800, with public notice via the normal City Council agenda process. The public hearing will be held on August 13, 2024. ■ Recommendations: Approval ■ Attachments: Ordinance, Summary of Terms, Disclosure Statement Form Recommended Action: Adoption Submitting Department: Information Technology Gl� City Manager:/4��O 1 AN ORDINANCE GRANTING A NONEXCLUSIVE 2 FRANCHISE AGREEMENT TO METRO FIBERNET, LLC 3 TO INSTALL, OPERATE, AND MAINTAIN NETWORK 4 FACILITIES FOR TELECOMMUNICATION SERVICES 5 IN THE CITY'S PUBLIC STREETS AND RIGHTS-OF- 6 WAY 7 8 WHEREAS, Metro Fibernet, LLC, a Nevada limited liability company ("Metronet"), 9 builds and operates fiber networks and related communication services; 10 11 WHEREAS, Metronet desires to utilize the City of Virginia Beach's ("City") public 12 streets and rights-of-way to install, operate and maintain a fiber network; 13 14 WHEREAS, Metronet is seeking to enter into a nonexclusive franchise agreement 15 ("Franchise") with the City to use and occupy the City's public streets and rights-of-way; 16 17 WHEREAS, the Franchise will allow Metronet to install, operate and maintain fiber 18 optic cable for the purpose of operating a fiber optic network; and 19 20 WHEREAS, City staff supports allowing Metronet to use the City's public streets 21 and rights-of-way for the aforesaid purposes, subject to the terms and conditions set forth 22 in the summary of terms, attached hereto as Exhibit A, ("Summary of Terms"). 23 24 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 25 VIRGINIA BEACH, VIRGINIA: 26 27 That the City Council hereby authorizes the City Manager to execute a Franchise 28 with Metronet for a maximum term of 40 years, in accordance with the Summary of Terms, 29 and such other terms, conditions or modifications, as may be acceptable to the City 30 Manager and in a form deemed satisfactory by the City Attorney. Adopted by the Council of the City of Virginia Beach, Virginia, on this day of , 2024. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Information Technology City Attorney's Office CA16613 R-1/July 23, 2024 SUMMARY OF TERMS- NONEXCLUSIVE FRANCHISE AGREEMENT Lessor: City of Virginia Beach ("City") Lessee: Metro Fibernet, LLC ("Metronet") Term: 10 years and shall automatically renew for up to three (3) additional ten (10) year terms, for a maximum of forty (40) years, unless either party gives ninety (90) days written notice to terminate the Franchise. Location: Metronet may install its facilities underground within City's public streets and rights-of-way, subject to obtaining all required permits from the City's Planning Department. Relocation/Removal: Metronet shall be solely responsible for paying cost of removal or relocation of its facilities if public projects necessitate removal or relocation. Upon termination of the Franchise, Metronet must remove the facilities, or the City may allow the facilities to remain in place and take ownership. Installation: Metronet shall be required to return the public streets and rights-of-way to the same or similar condition existing prior to any work being performed, to the reasonable satisfaction of the City. Minimum Insurance Requirements: Commercial General Liability: $2 Million; Automobile Liability: $1 Million; or, in the alternative, Umbrella Coverage of $5 Million. Surety Requirements: $100,000 surety bond Indemnity: Metronet shall indemnify the City, its officers, employees and agents from and against any and all claims, demands, costs, etc., including, without limitation, reasonable attorney's fees and costs of defense. APPLICANT'S NAME Metro Fibernet, LLC DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two (2)weeks prior to any Page 1 of 5 Planning Commission and City Council meeting that pertains to the a lication(s). APPLICANT NOTIFIED OF HEARING DATE NO CHANGES AS OF DATE REVISIONS SUBMITTED DATE ,V, B- Virginia Beach ❑ Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. [� Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: Metro Fibernet, LLC If an LLC, list all member's names: Metro DevCo Borrower, LLC If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (6) List the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) Affiliates: Vexus Fiber, LLC, CMN-RUS, LLC ., CTS Communications, LLC, Jaguar Telecommunications, LLC See next page for information pertaining to footnotes and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. ❑ Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ❑ Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name:--------------------------------- If an LLC, list the member's names: ---------------------------------------------------------------------- Page 2 of 5 Cl'y ui Virginia Beach ---------------------------------------------------------------------- If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary ' or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) "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. 2 "Affiliated business entity relationship"means"a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or(iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 11 SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subJect of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 5 1)B,- Virginia Beach YES 7N SERVICE DER (use additional sheets if needed) I ❑ Accounting and/or preparer of your tax return ❑ Architect/ Landscape Architect/ Land Planner Contract Purchaser (if other than ❑ the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed 0 E2/ purchaser of the subject property (identify purchaser(s) and purchaser's service providers) ❑ [0 Construction Contractors ❑ ✓❑� Engineers / Surveyors/ Agents Financing (include current ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ❑ [t/ Legal Services Real Estate Brokers / ❑ ED`/ Agents/Realtors for current and anticipated future sales of the subject propeLti SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have Elan interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 5 W""', Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. APPLICANT'S SIGNATURE PRINT NAME DATE PROPERTY OWNER'S SIGNATURE PRINT NAME DATE Page 5of5 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the Execution of a Cost Participation Agreement with Princess Anne Village, LLC for the Construction of City Stormwater Improvements MEETING DATE: August 20, 2024 ■ Background: On July 9, 2024, the City Council received a public briefing on a cost participation request from Princess Anne Village, LLC (the "Developer") to replace the City's existing drainage pipe crossing Princess Anne Road and located within a portion of the planned residential development known as Princess Anne Village (the "Development"). City staff has identified that the City's pipe, a combination of 54" and 60" corrugated metal pipe, is both undersized for the existing drainage conditions and failing at four sections. Should this request be approved, the existing pipe would be replaced with a larger (5' x 6') concrete box culvert (the "Drainage Improvements") in conjunction with the Developer's construction of the Development. The Drainage Improvements would be installed by the Developer, which would reduce the City's costs of design and mobilization and, once constructed, would reduce street flooding in the 2300 block of Princess Anne Road. The Developer's total request for funding from the City for the Drainage Improvements is $1,727,000. Per City Code, the Developer will also provide additional improvements for private stormwater facilities associated with the Development, which will cost the Developer an additional $4,000,000. ■ Considerations: The City's cost for the Drainage Improvements is not to exceed $1,727,000, which is already appropriated and available through Stormwater CIP Project #100582 (Stormwater Infrastructure Cost Participation), and has $5,678,151 in funds available, as of July 1 , 2024. Staff estimates a total net annual tax gain of$562,806 once the Development is complete, which would be generated and shared between all the existing dedications, including Virginia Beach City Public Schools, per the School Funding Formula. Due to multiple higher priority projects, the Drainage Improvements are not on Public Works' replacement schedule; therefore, entering into an agreement with the Developer to construct the Drainage Improvements will result in a more timely completion of the Drainage Improvements. Performing the work to install the Drainage Improvements now also would avoid having to cut into or remove portions of new roads and other infrastructure that will be installed by the Developer as part of the Development, preventing additional costs. ■ Public Information: Public notice via the normal City Council agenda process, and the July 9, 2024 briefing. ■ Attachments: Ordinance with Site Plan Exhibit, Location Map (2), CIP Detail Sheet Recommended Action: Approval Submitting Department/Agency: Department of Public Works �� City Manager1�9 I AN ORDINANCE AUTHORIZING THE EXECUTION OF A 2 COST PARTICIPATION AGREEMENT WITH PRINCESS 3 ANNE VILLAGE, LLC FOR THE CONSTRUCTION OF 4 CITY STORMWATER IMPROVEMENTS 5 6 WHEREAS, Princess Anne Village, LLC, a Virginia limited liability company (the 7 "Developer"), is the developer of the planned residential development subdivision near 8 the Virginia Beach Municipal Center to be known as Princess Anne Village (the 9 "Development"), and is required to construct a stormwater outfall system for the 10 Development; and 11 12 WHEREAS, the City and the Developer have identified that the existing City-owned 13 stormwater pipe draining the area north of Princess Anne Road through the Development 14 is undersized and failing in multiple places; and 15 16 WHEREAS, the Developer has requested to replace the existing 54" and 60" 17 corrugated metal pipe with a larger (5'x6') box culvert from the north side of Princess 18 Anne Road, across Princess Anne Road and through the proposed Development to the 19 existing outfall of the pipe (the "Drainage Improvements"); and 20 21 WHEREAS, the general location of the Drainage Improvements is shown on the 22 Site Development Plan attached hereto as Exhibit A and made a part hereof; and 23 24 WHEREAS, the Developer proposes to construct the Drainage Improvements for 25 the City at the same time they construct the stormwater outfall system for the 26 Development, because replacing the pipe now will prevent flooding from the failing 27 sections and will prevent the City from later having to cut into or remove portions of new 28 roads and other infrastructure that will be installed by the Developer as part of the 29 Development; and 30 31 WHEREAS, the Developer and the City desire to enter into a cost participation 32 agreement to design and construct the Drainage Improvements; and 33 34 WHEREAS, the Drainage Improvements will provide additional drainage capacity 35 and earlier repairs to the City's failing stormwater facilities, which are of value to the City 36 in providing an improved outfall for public stormwater. 37 38 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 39 VIRGINIA, THAT: 40 41 The City Manager is hereby authorized to execute a cost participation agreement 42 between the City and the Developer for the design and construction of the Drainage 43 Improvements., upon such terms and conditions that are acceptable to the City Manager 44 and approved by the City Attorney, so long as the costs to the City under the terms of the 45 cost participation agreement do not exceed $1,727,000, which funds shall be paid from 46 Capital Improvement Project 100582 "Stormwater Infrastructure Cost Participation." 47 48 Adopted by the Council of the City of Virginia Beach, Virginia on the day 49 of 2024. CA16563 R-1 8/6/24 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services City Attorney APPROVED AS TO CONTENT: Public Works EXHIBIT II »III \\ .1 '{ e Y,�• I Y��.�i..o _ — spy` Pi _ ;'af ' ',�•{ ■ '�•u4'm \1 v %�, •� ''i LSO •\ O ,\� ,\ 1\ ��` ^-�� Ir_ I � PARK-pP° ■ 1 � I i, AI • 11•� STREET NAME 50 •` ■ . 1 11z�y ..:.:... ..:::: 65 • RELOCATED PUMP 4 STATION SITE . �j"s u 4 �"'•� R''-mi i 1i I, RK-OP6 �I wu R ' " 13 �.�.•-�'� -----o------i � :; ;i i o o i '° i �' i ,i Ny,ES NAMI NA ■ I i , ■ I • I _ • ;� ---- -- . SITE DEVELOPMENT PL �______ _3 + 'V111a ewe ------- g Princess Anne Village LLC PRINCESS ANNE VIRGMU BEACII KIF GRAPHIC SCALE - + ` - -WJERWITZ 30 /° ENGINEERING-SURVEYING-PLANNING scEmAA.0 wrvl•snrt In•,v�•n elwa,,v�a FEET •IIPI@ as,lltltlW Il,,,11••I.•, .�.� N• A• x/A •,p,6f I Plpla I INCH= W FEET au,• o eA3c ■/m/a sNEer a.am as ac.n r-a 1 1 LIM RSTR 40 M � �► ,ate'�r�ro®�`'•, `Jfl®®@®�t�►�`®��������®�� t AN .q 1 Legend \ MORRISON Existing . ._ Existing Ditch TION MAP RENEE West __ . PrincessLLAGE . . PROJECT ,. .,. DrainageCity Area r � r �� � � �`t�,;.``�,/,�♦,�`'� � 6-��"r���1�FLTS;;�, ,ram. ME ti 1 I '�%� �♦� ^�'� '�'V � +1. 1�'�may' �1 fo WIN1► � • *K' ll L .` �/ ' t Legend Existing Pipe Existing D BuildingWest Neck Creek .. . LOCATION - Asphalt Pavement PRINCESS ANNE VILLAGE Imo■ Princess Anne Village Site COST PARTICIPATIONPROJECT City Drainage Area 0 500 1,000 Fiscal Years FY25 through FY30 Capital Improvement Program Project:PG100582 itle:Stormwater Infrastructure Cost Participation Status:Approved Category:Flood Protection Department:Public Works Project Type Project Location Project Type:Rehabilitation/Replacement istrict:Citi,%vide Programmed Funding Programmed Appropriated Budgeted Non-Appropriated Programmed CIP Funding Funding Funding I To Date FY25 FY26 FY27 FY28 FY29 FY30 Future 16,000,000 4 000 0()0J 2,000,000 2,000,000 2,001,000 2,000,000 2,000, 2,000,00 Description and Scope This program provides funding for planning,studies,acquisition,design,and construction of necessary stormwater infrastructure in partnership with private development projects. Purpose The purpose of this program is to provide a cost sharing opportunity with the development community to construct necessary stormwater infrastructure that has been identified from the City's Stormwater Modeling and Master Plans. History and Current Status This project first appeared in the FY 2021-22 CIP,and is funded primarily by the Stormwater Enterprise Fund. Operating BudgetImpact FY25 FY26 FY27 FY28 FY29 FY30 Total Operating Budget Impacts TotaIFTE Project Map Schedule of Activities Project Activities From-To Amount Implementation 07/21-06/30 16,000,000 Total Budgetary Cost Estimate: 16,000,000 Means of Funding Subclass Amount NO MAP REQUIRED Local Funding 16,000,000 Total Funding: 16,000,000 FY 2024-25 to FY 2029-30 170 Capital Improvement Program CITY OF VIRGINIA Disclosure V-B BEACH Statement The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. 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, boards, commissions, or other bodies. SECTION • • DISCLOSURE APPLICANT INFORMATION Applicant Name: as listed on application Princess Anne Village L.L.C. Is Applicant also the Owner of the subject property? Yese Noo If no, Property Owner must complete SECTION 2:PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative? Yes@ NoO If yes, name Representative: R. J. Nutter Is Applicant a corporation, partnership,firm,business,trust or unincorporated business? YeseNoo If yes, list the names of al/officers, directors, members, or trustees below AND businesses that have a parent-subsidiary'or affiliated business entity 1 relationship with the applicant. (Attach list if necessary.) Richard C Burroughs Charles F, Burroughs III Does the subject property have a proposed or pending purchaser? Yes No • If yes, name proposed or pending purchaser: 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? Yeso Noe If yes, name the official or employee, and describe the nature of their interest. APPLICANT SERVICES DISCLOSURE READ: The Applicant must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property. The name of the entity and/or individual providing such services must be identified. (Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER Name entity and/or individual Financing(mortgage, deeds of trust, O e cross-collateralization, etc.) Real Estate Broker/Agent/Realtor 0 G) Disclosure Statement I rev. M a y-2024 page 1 of 3 SECTION1: APPLICANT DISCLOSURE - • SERVICE YES NO SERVICE PROVIDER Name entity and/or individual Accounting/Tax Return Preparation 0 Mark DesRoches Desroches and Co Architect/Designer/Landscape Architect/Land Planner 0 0 Michael Watkins Architect and Frye Properties Construction Contractor 0 0 Engineer/Surveyor/Agent 0 0 Robert Kellam Kellam Gerwitz Laurence Benson Kimley Hom Legal Services 0 0 R.J. Nutter APPLICANT CERTIFICATION READ:I certify that all information contained in this 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 three 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. Charles F Burroughs III �'tl.t� L~ , � T , r g .y )-1 lutidu Applicant Name (Print) Applicant`Signature ate 1 "Parent-subsidiary relationship"means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation."See State and Local Government Conflict of Interests Act, VA. Code§2.2-3101. 2"Affiliated business entity relationship"means "a relationship, other than parent-subsidiary relationship, that exists when(i)one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or(iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the some person or substantially the some 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. FOR CITY USE ONLY: No changes as of(date): Staff Name (Print) Staff Signature Date Disclosure Statement I rev. M a y-2024 page 2 of 3 SECTIONPROPERTY OWNER DISCLOSURE PROPERTY OWNER INFORMATION Property Owner Name: as listed on application Charles F Burroughs III Is the Owner a corporation, partnership,firm, business,trust,or unincorporated business? YesONoe If yes, list the names of all officers, directors, members, or trustees below AND businesses that have a parent-subsidiary 1 or affiliated business entity Z relationship with the applicant. (Attach list if necessary.) F_ Does the subject property have a proposed or pending purchaser? Yes© Noe If yes, name proposed or pending purchaser: KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yes 0 Noe If yes, name the official or employee, and describe the nature of their interest. PROPERTY OWNER SERVICES DISCLOSURE READ: The Owner must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property. The name of the entity or individual providing such services must be identified. (Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER Name entity and/or individual Financing(mortgage, deeds of trust, 0 e cross-col late raIization, etc.) Real Estate Broker/Agent/Realtor 0 e Accounting/Tax Return Preparation e 1 0 Mark Desroches DesRoches and Co Architect/Designer/Landscape e 0 Micheal Watkins Architect ;Frye Propereties Architect/Land Planner Construction Contractor 0 e Engineer/Surveyor/Agent e 0 Robert Kellam Kellam Gerwitz Laurence Benson Kimley Horm Legal Services e 0 R.J. Rutter PROPERTY OWNER CERTIFICATION READ: I certify that all information contained in this 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 three 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. Charles F Burroughs III Property Owner Name (Print) Property Owner Signature Date Disclosure Statement I rev. May-2024 page 3 of 3 U s J stJ f, J Y� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Grant Funds to Develop a Broadband Adoption and Affordability Plan and to Authorize a Local Match MEETING DATE: August 20, 2024 ■ Background: The Virginia Department of Housing and Community Development has awarded planning grant funding to the City to develop a Broadband Adoption and Affordability Plan. The funds will be provided from the Broadband Equity, Access, and Development Program planning funds as an Affordability and Adoption Planning Grant. The grant provides $23,985, which the City proposes to use for contracted manpower to create a digital equity plan for the City. This funding will allow the City to conduct outreach and analysis with the goal of developing implementation plans to be supported with future digital capacity grants. The four areas of study will include an asset inventory, needs assessment, specific implementation activities, and monitoring and outcome practices. ■ Considerations: The grant provides $23,985 of funding. There is a local match requirement of$5,000. This project should be completed in nine months. ■ Public Information: Normal Council agenda process. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Department of Information Technology City Manager: -9 I AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT 2 FUNDS TO DEVELOP A BROADBAND ADOPTION AND 3 AFFORDABILITY PLAN AND TO AUTHORIZE A LOCAL 4 MATCH 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 1. $23,985 is hereby accepted from the Virginia Department of Housing and 10 Community Development and appropriated, with revenue from the 11 Commonwealth increased accordingly, to develop a Broadband Adoption and 12 Affordability Plan. 13 14 2_ A local grant match of $5,000 is hereby authorized from existing resources in 15 the Department of Information Technology. 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: 1 Budget and Managemen Servic s City Attorney's Office CAI 6624 R-1 August 12, 2024 Y+ 7 {5 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate Funds to Provide a Grant Match to Hampton Roads Transit for a Microtransit Project MEETING DATE: August 20, 2024 ■ Background: In June 2020, the Transportation District Commission of Hampton Roads adopted its Transit Strategic Plan for Hampton Roads Transit (HRT) which included the concept of microtransit with several zones in Virginia Beach identified as candidates for microtransit. During the March 16, 2021, City Council Meeting, City Council adopted an ordinance to fund a grant match for a microtransit demonstration project in western Virginia Beach. The pilot project looked to determine if microtransit could improve mobility options for the community in a cost-effective manner and concluded in February 2023. On July 11, 2023, HRT presented the findings from the initial pilot program and noted the need for further study. On July 9, 2024, HRT presented to the City Council the Transit Ridership Incentive Program (TRIP)grant microtransit service opportunity that will require a local match from the City. The TRIP grant provides resources for the original zone in western Virginia Beach and an additional zone near the Oceanfront. The funding would cover 3 months of launch efforts, 12 months of service, and 3 months of evaluation and final report. The total amount of the TRIP grant is $3,500,000, with the state providing 80% ($2,800,000) of the funds. The other 20% will come from local matches from the cities of Newport News and Virginia Beach for a combined amount of$700,000. ■ Considerations: Due to Virginia Beach having a proposed two out of the three microtransit zones, the City's contribution would be $466,000. The current grant provides one year of service. HRT has indicated it will apply for additional funding from the State, but the City is not obligated to provide a grant match for such future projects unless and until the City Council authorizes the local match. The proposed funding sources for the local match for the TRIP grant microtransit project is $233,000 from the fund balance of the General Fund and $233,000 from the fund balance of the Tourism Investment Program Fund. ■ Public Information: Normal Council agenda process. This project was the subject of a public briefing by HRT to the City Council on July 9, 2024. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Department of Planning City Manager: AV 1 AN ORDINANCE TO APPROPRIATE FUNDS TO 2 PROVIDE A GRANT MATCH TO HAMPTON ROADS 3 TRANSIT FOR A MICROTRANSIT PROJECT 4 5 WHEREAS, the City Council wishes to participate in a Regional Microtransit 6 Service Project to be operated by Hampton Roads Transit; and 7 8 WHEREAS, the City Council desires for the Project to include two zones in the 9 City; 10 11 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 12 VIRGINIA BEACH, VIRGINIA,THAT: 13 14 1. $233,000 is hereby appropriated,with revenue increased accordingly,from 15 the fund balance of the General Fund to the FY 2024-25 Operating Budget of the 16 Department of Planning to be provided to Hampton Roads Transit as the local match for 17 the Virginia Beach West Zone of the Regional Microtransit Project. 18 19 2. $233,000 is hereby appropriated,with revenue increased accordingly,from 20 the fund balance of the Tourism Investment Program Fund to the FY 2024-25 Operating 21 Budget of the Department of Planning to be provided to Hampton Roads Transit as the 22 local match for the Virginia Beach Oceanfront Zone of the Regional Microtransit Project. 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: Budget and Management Services City Attorney's Office CA16611 R-1 July 25, 2024 J. PLANNING 1. BONNEY G. BRIGHT / ROSANNE BRIGHT RAY SELF-SETTLED SPECIAL NEEDS TRUST for a Variance to Section 4.4(b) of the Subdivision Regulations re create two lots at 5649 & 5605 Buzzard Neck Road DISTRICT 2 RECOMMENDATION: APPROVAL 2. THALIA PLAZA, LLC for a Conditional Change of Zoning from B-2 Community Business & R-5D Residential Duplex District to Conditional B-4 Mixed Use Business District and a Variance to Section 4.4(b) of the Subdivision Regulations re redevelop two parcels and develop a 4-story mixed use building at 4317 Virginia Beach Boulevard and 216 North Fir Avenue DISTRICT 4 RECOMMENDATION: APPROVAL 3. HOLLY ROAD,LLC for a Street Closure re portion of an unnamed, unimproved 15' Lane and an unimproved portion of Holly Road adjacent to 300 Bay Colony Drive DISTRICT 6 (Deferred from July 9, 2024) RECOMMENDATION: APPROVAL 4. WILLIAM F. DADDIO & JEAN A. GENTRY for Street Closure re approximately 375 square feet of an unnamed, and unimproved alley, adjacent to the rear of 817 Vanderbilt Avenue DISTRICT 5 RECOMMENDATION: APPROVAL 5. SCOTT GRIFFITH ALDRICH & JULIA WAREING ALDRICH, TRUSTEES UNDER THE ALDRICH FAMILY TRUST for a Change in Nonconformity re alter and expand an existing dwelling at 200 43'd Street DISTRICT 6 RECOMMENDATION: APPROVAL 6. NOVA TRAMPOLINE PARK VIRGINIA BEACH, LLC / ELIAS PROPERTIES SALEM CROSSING, LLC for a Modification of Conditions to a Conditional Use Permit re indoor commercial recreation facility at 2029 Lynnhaven Parkway DISTRICT 7 RECOMMENDATION: APPROVAL 7. ERVIN JAMES for a Conditional Change of Zoning from AG-2 Agricultural District to Conditional R-10 Residential District re create two single-family residential buildings lot at 2336 Painters Lane DISTRICT 5 RECOMMENDATION: APPROVAL 8. GREEN CLEAN HOLLAND. LLC / ALP & ALEX ASLAN for a Conditional Use Permit re car wash facility at 4245 Holland Road DISTRICT 10 (Deferred from July 9, 2024) RECOMMENDATION: DENIAL 9. CALIBER BODYWORKS OF VIRGINIA, LLC DBA CALIBER COLLISION CENTERS / GHS II, LC for a Conditional Use Permit re automobile repair garage at 3417 Chandler Creek Road, Units 135, 136, & 137 DISTRICT 10 RECOMMENDATION: APPROVAL 10. DIAMOND FARROW / STAR REAL ESTATE, LLC for a Conditional Use Pen-nit re assembly use at 4604 Pembroke Lake Circle, Suite 104 DISTRICT 9 RECOMMENDATION: APPROVAL 11. BRIAN L. HARRIS / AL MASON LANDSCAPING, INC for a Conditional Use Permit re automobile repair garage at 212 Southgate Avenue& adjoining southern parcel DISTRICT 4 RECOMMENDATION: APPROVAL 12. LOGAN'S TOWING & SERVICE, INC / SOUTHGATE, LLC for a Conditional Use Permit re automobile repair garage at 225 &229 Southgate Avenue DISTRICT 4 RECOMMENDATION: APPROVAL ti r' t S• if NOTICE OF PUBLIC HEARING A Public Hearing of the Virginia Beach City Council will be held on Tuesday,August 20.2024 at 6:00 p.m.In the Council Chamber at City Hell,Building 1,21d Floor at 2401 Courthouse Dave,Virginia Beach,VA 23456.Members of the public will be able to observe the Planning Commission meetingthrough livestreamingon httpsV/Ylrglniabo8ch.gov,broadcast on VBTV, and via WebEx.Citizens who wish to speak can sign up to speak either in-person atthe 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 757-3854303 prior to 5:00 p.m.on August 20,2024. 2. Download WebEx and view the meeting at titSpe,:i,'vbgpv webEx GOnllweUlrnh/rester/n% ,�ailr?ybbcL� hale:i 8bbbb!SL)6(1)5 The following requests are scheduled to be heard: Ervin James(Applicant&Property Owner)Conditional Rezoning(Al Agricultural District to Conditional R-10 Residential District)Address:2336 Painters Lane GPIN:2414653251 City Council:District 6 Thalia Plaza, LLC (Applicant & Property Owner) Conditional Rezoning l Community Business District&R-5D Residential Duplex District to Conditional B4 Mixed Use Business District)Subdivision Variance(Section 4.4(b)of the Subdivision Regulations)Addresses: 4317 Virginia Beach Boulevard&216 N.Fir Avenue GPINs:14778571.94&1477857096 City Council:District 4 Caliber Bodyworks of Virginia, LLC DBA Caliber Collision Centers (Applicant) GHS II, LC (Property Owner) Conditional Use Permit (Automobile Repair Garage) Addresses: 3417 Chandler Creek Road,Units 135,136,&137 GPIN:1495047961 City Council:DIsVk:t 10 Scott Griffith Aldrich & Julia Wareing Aldrich, Trustees under The Aldrich Family Trust (Applicant& Property Owner)Change in Nonconformity Address: 200 43rd Street GPIN: 2418961328 City Council:District 6 Nova Trampoline Park Virginia Beach,LLC(Applicant)Elias Properties Salem Crossing,LLC (Property Owner) Modification of Conditions (Indoor Recreation Facility)Address: 2029 Lynnhaven Parkway GPIN:1475868600 City Council:District 7 Brian L.Harris(Applicant)AI Mason landscaping,Inc(Property Owner)Conditional Use Permit (Automobile Repair Garage)Addresses:212 Southgate Avenue&adjoining southern parcel GPINs:1467944748,1467944746 City Council:District 4 William F. Daddio &Jean A. Gentry(Applicants)Street Closure Adjacent Address: 817 Vanderbilt Avenue Adjacent GPIN:2426376770 City Council:District 5 Diamond Farrow(Applicant)Star Real Estate.LLC(Property Owners)Conditional Use Permit (Assembly Use)Address:4604 Pembroke Lake Circle,Suite 104 GPIN:1478511874 ft Council:District 9 Bonney G.Bright(Applicant)Rosanne Bright Ray Self-Settled Special Needs Trust(Property Owner)Subdivision Variance(Section 4.4(b)of the Subdivision Regulations)Address:5649' Buzzard Neck Road GPIN:2308452248 City Council:District 2 Lopri's Towing&Service,Inc(Applicant)Southgate,LLC(Property Owner)Conditional Use Permit (Automobile Repair Garage) Addresses: 225 & 229 Southgate Avenue GPIN: 1467942968 City Council:District 4 Holly Road,LLC(Applicant)Street Closure Adjacent Addresses:300 Bay Colony Drive and the adjoining western parcel Adjacent GPINs:2418779689,2418870679 City Council:Dtil 6 Green Clean Holland,LLC(Applicant)Alp&Alex Asian(Property Owners)Conditional Use Permit(Car Wash Facility)Address:4245 Holland Road GPIN:1476963446 City Council: Dili ltX 10 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 SOD, Virglnta Beach,VA 23452 or online at https;//virginiawach.gov/pc.For information call 757- 3854621.Staff Reports will be available on the webpage 5 days prior to the meeting. If you require a reasonable accommodation for this meeting due to a disability,please Call the Planning Department at 757-3854621.If you are hearing Impaired,you can contact Virginia Relay at 711 for TDD service. The meeting will be broadcast on cable TV, https://vIrLlniabeach,gov and Facebook Live. Please check our webslte at httpsV/virginiat>eacn.gov/pe for the most updated meeting Information. All Interested parties are invited to participate. Amanda Barnes,MMC City Clerk PILOT- AUGUST 6,2024&AUGUST 13,2024-1 TIME EACH Do A>G2 o AG1 AG1 �o A'G 2 a _ AG2 AG1 AG1 AG1 �A?G2 � v AG1 N ® Site w. � Property Polygons Bonney G. Bright Zoning 5649 Buzzard Neck Road S Building Feet 010(200 400 600 800 1,0001,200 {� u LQT r Z CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: BONNEY G. BRIGHT [Applicant] ROSEANNE BRIGHT RAY SELF-SETTLED SPECIAL NEEDS TRUST [Property Owner] Subdivision Variance (Variance to Section 4.4(b) of the Subdivision Regulations for lot size and lot width) for the property located at 5649 & 5605 Buzzard Neck Road (GPIN 23084522480000). COUNCIL DISTRICT 2 (Henley) MEETING DATE: August 20, 2024 ■ Background: The applicant plans to create two lots, one of which will not meet the minimum dimensional standards of the Agricultural Zoning District. Proposed Lot 1 will serve as a homesite for the existing dwelling at 5649 Buzzard Neck Road and a nearby mobile home. This 6.3 acre lot will be completely within the floodplain subject to special restrictions, which the Zoning Ordinance does not allow to be included in lot area or width calculations. Therefore, the lot would be considered to have a lot area of 0 acres and a lot width of 0 feet, necessitating the need for a subdivision variance. Proposed Lot 2, on the other hand, will meet the minimum Zoning requirements as a non-residential lot as it has 630 feet of lot width and 5.3 acres of area outside of the floodplain. The owner is removing the single-family dwelling located at 5605 Buzzard Neck to allow this application to meet the density requirements of the Agricultural District ■ Considerations: The neighboring North Landing River and the floodplain extending from it are physical features that only a few lots in this area must account for in terms of lot dimensions. The existing parcel contains 5.3 acres outside of the floodplain which does provide enough area for both a minimum 1-acre residential lot and a minimum 3-acre non-residential lot as proposed by this application. Due to these qualifying lands largely being on the north side of the lot, it creates a challenge for the dwelling located to the south which was constructed in 1957, prior to the implementation of regulations regarding the floodplain subject to special restriction which have made platting a homesite for its location more difficult. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. There is no known opposition to this request. ■ Recommendation: On July 10, 2024, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 10-0. Bonney G. Bright Page 2 of 2 1 . When the property is developed, it shall be developed substantially as shown on the exhibit entitled, "Subdivision of Property of The Rosanne Bright Ray Self-Settled Needs Trust on Buzzard Neck Road", prepared by Warren & Associates, PC, copies of which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning. 2. Lot 1 is entirely within the Floodplain Subject to Special Restriction. A note must be included on the Final Plat, stating, "Appendix K, City Code, Section 4.10 does not allow new residential structures to be located in the floodplain subject to special restrictions on lots created after October 23, 2001. A floodplain variance will be required for any future redevelopment on Lot 1. Lot 1 is approved for one single-family dwelling only." 3. The single-family dwelling addressed as 5605 Buzzard Neck Road must be removed prior to recordation of the final plat. A note must be included on the Final Plat, stating, "Lot 2 is not a residential building site and is created as per section 402(c) of the City Zoning Ordinance, for uses other than dwellings in keeping with the provisions of the AG-1 and AG-2 Zoning Districts." ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department�'�✓ � City Manager:/ � Applicant Bonney BrightAgenda Property Owner RoseanneSelf-Settled Special NeedsPlanning Commission Public Hearing July 10, 2024 13 Virginia Beach : City Council District 2 (Henley) Request Subdivision Variance (Variance to Section 4.4(b)of the Subdivision Regulations for lot size and lot width) Staff Recommendation Approval Staff Planner Aubrey Trebilcock Location 5649&5605 Buzzard Neck Road GPIN 23084522480000 Site Size 19.613 acres AICUZ Less than 65 dB DNL Watershed Southern Rivers Existing Land Use and Zoning District Single-family dwelling,cultivated field/AG-1& AG-2 Agricultural i$ rd Surrounding Land Uses and Zoning DistrictsA North •. ,�.� --__„_may Single-family dwelling, cultivated field/AG-1& AG-2 Agricultural South Single-family dwelling/AG-1 &AG-2 Agricultural Eastx Buzzard Neck Road ` Cultivated field/AG-1 &AG-2 Agricultural a West x North Landing River Bonney G. Bright Agenda Item 13 Page 1 Background & Summary of • • • • The subject property was created by deed under Instrument Number 200300102592 on July 8, 2003.This constituted an improper subdivision of land as a subdivision plat is required to legally separate the parcel. • The property is located within the AG-1 and AG-2 Agricultural Zoning Districts,which require a minimum of 1 acre in lot size and 150 feet in lot width for residential lots. Non-residential lots require a minimum of 3 acres in lot size and 150 feet in lot width.There is a maximum allowable residential density of one single-family dwelling per 15 acres of land described in the Comprehensive Plan as soil area#1 and soil area #2 [Zoning Ordinance,Section 4021. • The subject parcel is 19.6 acres in total area, however,only 5.3 acres of this lies outside of the wetlands and floodplain subject to special restriction on the site.The Zoning Ordinance only permits land outside of water, marsh, wetlands,and the floodplain subject to special restriction to be counted in lot dimension calculations,such as lot area and lot width. • Two single-family dwellings and a mobile home currently exist on the parcel. Both single-family dwellings were constructed in 1957.The mobile home was installed in 1978 without permitting.The dwelling addressed as 5649 Buzzard Neck Road and the mobile home,which the applicant wishes to retain, are completely within the floodplain subject to special restriction.The two-story dwelling to the north, addressed as 5605 Buzzard Neck Road, is planned to be removed. • A mobile home is allowed as an accessory use within Agricultural Zoning Districts through the granting of a permit in accordance with Chapter 19 of the City Code.The applicant intends to apply for a permit for this structure to bring the use into compliance. • This application seeks to create two lots. Lot 1 will serve as a homesite for the existing dwelling at 5649 Buzzard Neck Road.This planned lot is completely within the floodplain subject to special restrictions and therefore would have a lot area of 0 acres and a lot width of 0 feet, necessitating the need for a subdivision variance. Lot 2 is planned as non-residential lot to allow this application to meet the density requirements of the Agricultural District.This lot will meet the dimensional standards of the Agricultural Zoning for a non-residential lot. • Lot 2 is planned to be sold to the neighboring property owner and applicant, Bonney G. Bright,for an agricultural use and future application for enrollment in the Agricultural Reserve Program (ARP). Existing Lot Existing Total Existing Lot Lot Area Outside Water, Marsh,Wetlands, Floodplain Area . . Special Property of Roseanne Bright Ray Self-Settled 19.6 630 5.3 Needs Trust Proposed Lots Total Area Proposed Lot Proposed Lot Area Outside Water, Marsh, Wetlands, (acres) Width (feet) Floodplain Subject to Special Restriction (acres) Lot 1 (residential) 6.2 0* 0* Lot 2 (non-residential) 13.4 630 5.3 RequirementsAG1 &AG-2 Zoning Total Area Lot Width Lot Area Outside Water, Marsh,Wetlands, Floodplain • • Special Restriction Residential 1 150 1 Non-Residential 3 150 3 Bonney G. Bright Agenda Item 13 Page 2 AG2 -A GI G1 G, Zoning History AG2 # Request 1 SVR(Minimum Road Frontage)Approved 09/26/1995 AG1 AGt AG2 AG1 AGt r\ 1 Application Types llP� 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 STR—Short Term Rental Evaluation : Recommendation Section 9.3 of the Subdivision Regulations states: No variance shall be authorized by the Council unless it finds that: A. Strict application of the ordinance would produce undue hardship. B. The authorization of the variance will not be of substantial detriment to adjacent property,and the character of the neighborhood will not be adversely affected. C. The problem involved is not of so general or recurring a nature as to make reasonably practicable the formulation of general regulations to be adopted as an amendment to the ordinance. D. The hardship is created by the physical character of the property, including dimensions and topography,or by other extraordinary situation or condition of such property,or by the use or development of property immediately adjacent thereto. Personal or self-inflicted hardship shall not be considered as grounds for the issuance of a variance. E. The hardship is created by the requirements of the zoning district in which the property is located at the time the variance is authorized whenever such variance pertains to provisions of the Zoning Ordinance incorporated by reference in this ordinance. The intention of this application is to create two lots. Proposed Lot 1 is to remain a residential homesite for the existing single-family dwelling addressed as 5649 Buzzard Neck Road and the nearby mobile home. Proposed Lot 2 would be sold to the neighboring property owner and applicant, Bonney G. Bright,for an agricultural use and future application for enrollment in the Agricultural Reserve Program (ARP).The existing parcel contains 19.6 acres of total area, however, only 5.3 acres is outside of the floodplain subject to special restriction.These 5.3 acres are all at the northern end of the property while the single-family dwelling at 5649 Buzzard Road, and proposed Lot 1, is to the south and completely within the floodplain. As the floodplain subject to special restriction cannot be counted towards lot dimension requirements per the Zoning Ordinance, Lot 1 would have a lot area of 0 acres and a lot width of 0 feet, necessitating the need for a variance. Bonney G. Bright Agenda Item 13 Page 3 It is necessary to evaluate whether this application meets the Subdivision Regulations'definition of a hardship, as described above,and whether it will comply with the density requirements of the Agricultural Zoning District. The neighboring North Landing River and the floodplain extending from it are physical characteristics that only a few lots in this area must account for in terms of lot dimensions. The existing parcel contains 5.3 acres outside of the floodplain which does provide enough area for both a minimum 1-acre residential lot and a minimum 3-acre non-residential lot as proposed by this application, but due to largely being on the north side of the lot, creates a challenge for the dwelling located to the south.The dwelling to remain was constructed in 1957, prior to the implementation of regulations regarding the floodplain subject to special restriction which have made platting a homesite for its location more difficult. Today, dwellings constructed after October 23, 2001,are not permitted to be constructed within the floodplain subject to special restriction without being granted a floodplain variance.To support this subdivision variance request, Staff is recommending a condition that a note be included on the final plat indicating the need for a floodplain variance for any future residential structures on Lot 1. Staff is also recommending a condition that the single-family dwelling addressed as 5605 Buzzard Neck Road be removed and that Lot 2 only be used for non-residential purposes to allow this proposal to comply with the density requirements of the AG-1 and AG-2 Agricultural Zoning Districts, It is Staff's determination that this application does meet the five findings of fact for Council authorization of a variance and,with the recommended conditions,would create a more conforming use of the property. Recommended Conditions 1. When the property is developed, it shall be developed substantially as shown on the exhibit entitled, "Subdivision of Property of The Rosanne Bright Ray Self-Settled Needs Trust on Buzzard Neck Road", prepared by Warren& Associates, PC,copies of which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning. 2. Lot 1 is entirely within the Floodplain Subject to Special Restriction. A note must be included on the Final Plat, stating, "Appendix K,City Code,Section 4.10 does not allow new residential structures to be located in the floodplain subject to special restrictions on lots created after October 23,2001.A floodplain variance will be required for any future redevelopment on Lot 1. Lot 1 is approved for one single-family dwelling only." 3. The single-family dwelling addressed as 5605 Buzzard Neck Road must be removed prior to recordation of the final plat.A note must be included on the Final Plat,stating, "Lot 2 is not a residential building site and is created as per section 402(c)of the City Zoning Ordinance,for uses other than dwellings in keeping with the provisions of the AG-1 and AG-2 Zoning Districts." 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 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 Bonney G. Bright Agenda Item 13 Page 4 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 our valuable environmental,scenic,and agricultural resources against inappropriate activities and intense growth. Successful rural residential developments do not dominate, but rather, complement the setting and showcase the attractiveness of the natural surrounding countryside. 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. 5605 Buzzard Neck Road,the dwelling proposed to be demolished,was surveyed in the 2019 as part of the Historic Architectural Resource Survey Update City of Virginia Beach,Virginia,Southern Half.The surveyor recommended the building as "ineligible"for listing in the National Register of Historic Places,though it was noted the site was historically used as a baptizing site for Oak Grove Baptist Church. Traffic Impacts/Transportation Street Name Present Volume Present Capacity Generated Traffic Buzzard Neck Road No Data Available No Data Available Existing Land Use Z—20 ADT Proposed Land Use 3-10 ADT lAverage Daily Trips Z as defined by a single-family 3 as defined by two single-family 4 LOS=Level of Service dwelling dwellings Master Transportation Plan (MTP) and Capital Improvement Program (CIP) This portion of Buzzard Neck Road is considered a two-lane rural roadway.There is no CIP project slated for this roadway. ImpactsPublic Utility Water City water is unavailable. Sewer City sanitary sewer is unavailable. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on June 10, 2024. • As required by State Code,this item was advertised in the Virginian-Pilot on Wednesdays,June 26, 2024 and July 3, 2024. Bonney G. Bright Agenda Item 13 Page 5 • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on June 24, 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 July 3, 2024. City Council • As required by City Code,this item was advertised in the Virginian-Pilot on Tuesdays, August 6, 2024 and August 13, 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 August 5, 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 August 16, 2024. Bonney G. Bright Agenda Item 13 Page 6 '1c LI[pfla[D glnln 1r4I 09 SWOPA 11 AS 17 APPEARS ON PAS PLAY Oaffl S TO 09 APIVCARIE WM&ADONS*AAW TO RE"MU"OF LAND AND A ACCOROMSL>APPROWD +VXW APPROVAL.R[teXOP 040 00 ROT CEWYWr AS TO YW COWCFWS'S a'R[ROLPQAPr. 'TRfrT OR ORQ N M[S DO ON RRS PLAT EXr RW PU•1C ROM-OF Mr.EASEWNM OR OR" tMGC WERESYS NOT SNO•C ON r1R5 PLAT PEA—M EmECT Aw ARC NOr Ruh-AIED CR J 6 a.W N r 0911",6+Y'.'1TOS PACE t9 Cv YAKARSNW By OASSIOV FROM WS PLAY CE'EO s' � C. . 2JCN1216131 PLARRRK:ORECMR.am OP MOPPA KACM.ML6RRA DAY 4P,1.' >, 41 ♦Pqp ;1 �ti" ,p � I ♦ C%\ ORECMr OF PvKK RORRS am Or AROMA KALN.AROMA OAU �CWA—'TASWAF YS I FAa t9VEEP 8"466 PAGE 6]Pf.u'rl NCA!1N MPARRgCi 0AII ' b.0AR _ LOT ..,ARE FU1 7 AREA RES ACRES CUTS"TLOCOPLA.N A Subject Property. 1 Z69.436 NN 000 Si. 0.00 AC. 2 SR4,9u rJ 426 1J46Z7 Sr J.JPZ AC. TOTAL 6J4.JJO. 19913 231,627J.F 19.6 Acres Total �,,. 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EASMwI N P K+G 26..Of 47 AP BCM';P 256 PAGE 19 Fq S R 4. e62o6' P+ aS1�NGRrKer�WAS" SUBUWSION OF PROPERTY OF �-�•PC�r IOWR1M001276_VO 0°ERn LR4.MAD CENRx a fiM 2Jos N OW MC RDSANNE BRIGHT Ra+ — W"'WS5 EGRESS EASdOIr SELF-SETTLED NEEDS TRUST CN RUZZARD NECK ROAD 'SRKAIENT AqA"2016N220OiOv.,t0 SSRGV#A KAlN.NRONRA D o SCALE' r.100 FEMN,< QQ = ORAPNC SCALE N 02 ?J rD 7 1O0 O SO 1 3933 Mdran Ri— ROOd Q Yvginlo Beoen, Wginio al t1LEr 1 a 2 rOR NOYES AND CEPrOVA]ES WET 2 OF Z 757-471-0S72 (D 00 Tp � CIO �I W rat c+RC)'O"xprt TE N IOVSVdV CE——DC SVWMPM 45 IT APPEMS ON MS PLAT Ma9rcwY5 TO RIE • APP4CABf[KOlU 0O KIMINO M 9t S IYMSGx Gr LAW APO Is.COW-1 r AMPOMD .K SOOI APOROM.THE LAI MAcrQ DO.01 CMTI",AS 70 rw cawcDtSs U THE BCVOARr Gmar DR oTtm Lets snoIIAI ON DLLs PI.Ar mriN,PtAKx aw-o<-mr.rAsEwN.S.OR oD s0" PIpItIC MMK M Nor 4 IAI d/MS NAT DNrAN M 01=7 AIV AK NOT RRAYVA71M M NOR dl roRYN6r r1l."vtp B.'c.$90.m-RR5 P LAT I BONNY C.BR"O ,4 r sDl t... • : DEED BrN7 f)03 D.GE (AN 2JN 21 RIm f�' • ADPROKD M A..w oowcm1.ON or MO_K.GN Mrpl4 P.w • ``� 9 -+Y'R`l� i OIM • AP(APOIED' +I ayY �r �C\ DRECR7T K PMM 1I0VM ON OF MTORIA KACK YROPAA DAR 71 i� b4 ( lgi N.0 WARREN III>1 r 4 ♦} IP. No 1192 1 T.$T so(Or RI(R' ~BOOK 1 PAGY 29 e , < j .PPROMD' MD SOOx W PACE BD I IMGRAA KA(x rW,nr pMARnar DAM8 f •' i +,W,I�1�.. u•oAx to{' LOT AR[A J i' __.Y..r*+N.«t!'< I'r' r, upC C.tYN.elm H."�ttm t ~ LOT SWARE rEEr ACRE5 ACRES OUPSOE rLOGOPLAIM : 1 2a9.I.% BIBS O.OD sr. 0,00 AC. 4.^:aaDBRN„ 9?•• 2 5a+,1111/ f3428 23I.827 Si 5-322 AC. iI wA rr rp ft"`. rOrAL 854.,75D 1l B15 27LB21 Si 5.322 AM. (� x r!IS.Ps1v 1OEd11ECILLEGEND - Nc.RSN X,N u1lR Lot 1 - Lot 2 -O- PIKARs M rOAp -•- INMATES DN SET r J "mVIKE 6.2 ac. Total' 13.4 ac. Total 0 ac. Outside 5.3 Acres Outside WMWF " WMWF NOT A RESIDENTIAL LOT 5 71t'0 Y � AM)IV qP fd1KPtY N J.rN.EPS JO -- RRN.WD NAYCDCP _ r f2.2o1.n.ss c.we KKCC.R N.w:M _ � u DRNK'fSi AADt RJAP ADM BOOK; 16 72E PAGE . As, BUZZARD NECII ROAD YAP BOOK 1'AGE 18 r rgrKlRr BNMNG AO.a I-!aM 7SB PAGE.79 N X it Ef iP117 [A9 12 IKJ r AE11AM"; / Jp".NOAC55 EOrE55 E.SMK' PO'O IN Or NAY // // 7T n1' DEM 8"JTJ 1."2I7 YAP BOOT]6 PA!t.) 1 / L YM MCR 2"D.At 39 fI .i / rAOR oR rot fft, ._. ._... _. __ ___..._ MPK.VirNDYEM SU13DIVISION OF PROPERTY OF \ zaaRNoamz»xo A �sRovtRTl Net w 5 aNRR Or ii[arcs mN 2w8 s.ws7 THE ROSANNE BRK'Mr RAY Nar CA50071 SELF-SETTLED NEEDS AMUST D ON Bu21AAD NECK ROAD MS/RINKNr rfuslER 20191127o0107Ozt0 ' NIEGDWA BEACH,MICNIA Frfwv D7r2o.. = O GRAPNC SCALE _Ss_•\RRSN OOCIA �P<- rD = I O 5o n) SEE WET 1 Or:FOR NOBS AND CERD ,'ATES . M M DU 00 LI,) � Dwelling Unit Locations y� 5605 Buzzard ► ;; Neck Rd.SF Dwel l i ng a g Q- Manufactured Home 5649 Buzzard Neck Rd.SF Dwelling r R x y Bonney G. Bright Agenda Item 13 Page 9 r u W Floodplain Subject to Special Restriction Ix a N J m QQ V� t� "olitheffl Hivrr,. Wcjtrf01"d Bonney G. Bright Agenda Item 13 Page 10 a Site Photos 'r S.y 4 e j ,off i.a sc Bonney G. Bright Agenda Item 13 Page 11 Site Photos Or M .rt a Bonney G. Bright Agenda Item 13 Page 12 Disclosure Disclosure Statement CItV IVepviin Dmth 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 Bonney G.Bright Does the applicant have a representative? 11 Yes :1 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 0 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 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. 11 Bonney G. Bright Agenda Item 13 Page 13 Disclosure Disclosure Statement { Ctitu otyi.gew fl,odi 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 K 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 ®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?M Yes ❑NO • if yes,identify the firm and individual providing the service. Chad White,CPA 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 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?❑Yes M NO • If yes,identify the purchaser and purchaser's service providers. Bonney G. Bright Agenda Item 13 Page 14 Disclosure `' _t_ Disclosure Statement 6. Ciotti'he applicant ftave•tonstrwWari factor in con-wvo,with the s.;b;ect of re apt!tatcim or any busrsess Operating of to be operated on the vopertyl❑Yai t No • f trlf,Identify ftse conpMy arsd rntlriftduat lswd➢^E the wvcc 7. Doe%the app cant have an er Ww*r/surveyor/wnt in connection wit* of the apol catcirt cy any Cus r=ess ope•atij o,to be operated on the property,a Yes ❑No . if yes,iderOy the far"and-nd.vvo.M o•dv d✓4 tie ser att tsafo d f warrsst,111,Warren and ASSOCiates.PLC 8 is the spot cant rece+rng legal servkes in con"cuo^w t t the suo)ett of the applkiton or any b:s ness ooe•at•tg or to br operated on the property2 t Yes `i No • H ye*identify the rw r and indiv dua provoing t--e se v;c lames W um,Esq,R Edward 8ouroon,Jr.,Esq.,Sykes.Sowdock Ahern&levy,p.0 A�pllcant Signature I c€rt ty that a l of the t-tormation cones ned,n ttw Ocsdosu•e Statement Form Is co-Octc.t+ue.a..d :C....t:,- •,t.� I+.+ upo^rece pt of not f^at,on t^a•r^e aaR'cat,o^has bye^sce.eduied fcr rubs«c hear rg.I am responsible for updating the Information provided hereir two wrek%prior to the rtreting or Kvnrinr Commission,City Council,VBtiA,CBpA,Wetlanoi.Bowrl of any pub!a body o•commntev.n connection with the..bpp1+it on ---------- App leant Srgnatu r / 8onf+ry G W:ght pant Name sand ttd• .4 DIM is the applicant alto the owner of the wbteet property) ❑Yes U NO • .f yes,yo,do not-tied to fill o,t tfs own*,O�vrosure statement FOR CITY USt ONIY/All drWJ04ur*s must be updamted Wm(2)weeks prim to"Planning Commissaon and City Counicil ones pertains to the ap*ations ® a...,., 07i30i2023 , .. . Aubrey Trebllcock Revded 71 09,70M Bonney G. Bright Agenda Item 13 Page 15 Disclosure Disclosure Statement nty/ttir":,emd: Planning&Community Dec+ me Owner Disclosure Owner Name Dina McClanan,Trustee of the Roseanne Bright Ray Self-Settled Needs Trust,UA dated October 7,2016 Applicant Name Bonney G.Bright Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business?i Yes ❑NO • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Dina McClanan,Trustee • If yes,list the businesses that have a parent-subsidiary°or affiliated business entity`relationship with the owner. (Attach a list if necessary) Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes ■No • If yes,what is the name of the official or employee and what is the nature of the interest? '"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 Bonney G. Bright Agenda Item 13 Page 16 Disclosure Disclosure Statement Citya/Yryirria BmoS Planning&Community Development Owner Services Disclosure 1. Does the Owner have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ■Yes ❑No • If yes,identify the financial institutions providing the service. Bank of America 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. Lisa Dare Metzger,Dawson's Accounting 4. Does the Owner have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes ®No • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?❑Yes 0 No • If yes,identify the purchaser and purchasers service providers. 6. Does the Owner have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?❑Yes F No • If yes,identify the company and individual providing the service. 7. Does the Owner have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?❑Yes ®No • If yes,identify the firm and individual providing the service. 61 Bonney G. Bright Agenda Item 13 Page 17 Disclosure ... ...... ..... . 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?S Yes ❑No • If yes,identify the firm and individual providing legal the service. R i�dkA,,J Qourdo 4¢ ,4a;, e. 5T S, 60,AxJoty, Ahead Ley Pe- 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. &'� Z/�6 1 X' ---- Owner Signature Dina McOanan,Trustee of the Roseanne Bright Ray Self-Settfed Needs Trust Under Agreement dated October 7,2016 Print Name and Title �/ - as-a# Date Revised 11.09.2020 7 P a g e Bonney G. Bright Agenda Item 13 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. Bonney G. Bright Agenda Item 13 Page 19 Virginia Beach Planning Commission July 10, 2024, Public Meeting Item # 13 Bonney Bright Recommendation: RECOMMENDED FOR APPROVAL Discussion Ms. Cuellar: Thank you very much. Item #13, Bonney Bright. Mr. Bourdon: For the record, Eddie Bourdon, Virginia Beach Attorney representing Bonney Bright. The owner of the property is Roseanne Bright Ray. They are cousins. The house on this property was built in, it was built 67 years ago. We didn't have a floodplain subject to special restrictions until 24 or 25 years ago. It was either 1999 or 2000. So, the house is not flooded and the situation because the conversation in the informal is not at all unique to the southern part of the city. All right. There are scores even hundreds of houses that were built before 2000 that are in floodplains subject to special restrictions. So it's not an unusual circumstance at all. As staff has said, we're tearing down a house on the larger parcel that will be put in the ARP Program. Mr. Bright farms all the property around there, including he's been farming this property as well for many, many decades. The three conditions as recommended by staff are acceptable, and we appreciate being on the consent agenda. 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. Mr. Mauch: The subject property was created by deed on July 81h, 2003. This constituted an improper subdivision of land as a subdivision plat is required to legally separate the parcels. The application seeks to create two lots. Lot 1, will serve as a home site for the existing dwelling at 5649 Buzzard Neck Road. Lot 2, is planned to be sold to the neighboring property owner and applicant for an agricultural use and future application for enrolment in the Agricultural Reserve Program. For these reasons, we ask for this agenda item to be placed 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 #1, 4, 5, 6, 7, 8, 9, 10, 13, 14. Mr. Alcaraz: Thank you, Vice Chair. Do I have a motion to approve this? Ms. Cuellar: I move that these items be approved by consent. Mr. Alcaraz: I got a motion by Ms. Cuellar. I need a second. Mr. Coston: I need to just note abstentions. I'm sorry, 4 and 14. Mr. Alcaraz: Thank you. Okay, I got it. Let me get a second. Mr. Coston: Second. Mr. Alcaraz: Second by Mr. Coston. Any abstentions? Mr. Coston: Abstaining on items 4 and 14 for reasons set forth in a letter with the city. Mr. Alcaraz: Thank you. Ms. Cuellar: I am abstaining from the item on Pembroke Lake Circle, item #10 for reason stated in the letter that I've provided to the city attorney. Mr. Alcaraz: All right, thank you. Ms. Alcock: The vote is now open. By a vote of 10:0 with an abstention on #four, one abstention on #10, and one abstention on item #14, agenda items #1, 4, 5, 6, 7, 8, 10, 13, and 14 have been recommended for approval. Vote Tall AYE 10 NAY 0 ABS 0 ABSENT 1 Alcaraz AYE Anderson AYE B ler AYE Cromwell X Coston AYE Cuellar AYE Estaris AYE Hi en AYE Mauch AYE Parks AYE Plumlee AYE CONDITIONS 1. When the property is developed, it shall be developed substantially as shown on the exhibit entitled, "Subdivision of Property of The Rosanne Bright Ray Self-Settled Needs Trust on Buzzard Neck Road", prepared by Warren & Associates, PC, copies of which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning. 2. Lot 1 is entirely within the Floodplain Subject to Special Restriction. A note must be included on the Final Plat, stating, "Appendix K, City Code, Section 4.10 does not allow new residential structures to be located in the floodplain subject to special restrictions on lots created after October 23, 2001. A floodplain variance will be required for any future redevelopment on Lot 1. Lot 1 is approved for one single- family dwelling only." 3. The single-family dwelling addressed as 5605 Buzzard Neck Road must be removed prior to recordation of the final plat. A note must be included on the Final Plat, stating, "Lot 2 is not a residential building site and is created as per section 402(c) of the City Zoning Ordinance, for uses other than dwellings in keeping with the provisions of the AG-1 and AG-2 Zoning Districts." 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. -- Virginia Beach--Boulevard m 0 -- �W - 1 B2 B2 B2 a� ' Q U � R5 D By2 R5 D❑ -----R, -5 D_ N ® Site Property Polygons Thalia Plaza, LLC W E Zoning 4317 Virginia Beach Boulevard S Building & 216 N. Fir Avenue Feet 0 1020 40 60 80 100 120 E 1f"m"'"`!•s 2'l CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: THALIA PLAZA, LLC [Applicant & Property Owner] Conditional Rezoning (B-2 Community Business & R-5D Residential Duplex District to Conditional B-4 Mixed Use Business District) Subdivision Variance (Section 4.4(b) of the Subdivision Regulations) for the property located at 4317 Virginia Beach Boulevard & 216 N. Fir Avenue (GPIN 1477857194, 1477857096). COUNCIL DISTRICT 4 (Ross-Hammond) MEETING DATE: August 20, 2024 ■ Background: The applicant is requesting to rezone approximately 0.44-acres from B-2 Community Business District and R-5D Residential District to Conditional B-4 Mixed Use District to redevelop two parcels with a mixed-use development consisting of retail and 8 multi-family dwelling units. A Subdivision Variance to the lot width and street line frontage requirements for the B-4 Mixed-Use District is also being requested. The property is located between the Pembroke Strategic Growth Area (SGA) and the Rosemont Strategic Growth Area (SGA) and while the property is not located within an SGA the applicant has designed the property to adhere to the SGA's development guidelines, specifically the Special Area Development Guidelines for Urban Areas. A deviation to the setbacks is being requested to adhere to the reduced setbacks allowed in the SGAs with a front yard setback of 10 feet and side yard setback of 5 feet. The property will be developed with a 4-story mixed-use building. The first floor will have retail space with the second and third floors developed with 8, two-bedroom residential units (four apartments per floor). The fourth floor will provide amenity space for residents, including a recreation room and storage space. A 683-square- foot roof deck is also proposed as additional amenity space. The exterior fagade will consist of neutral color palette and at its tallest point the building will be 44 feet and 6 inches in height; however, the proposed rear building height adjacent to neighboring residences is 33 feet and 6 inches meeting the 35- foot maximum height requirement for within 100 feet of a residential district. All parking is met on site. Additionally, the site meets all landscaping requirements to include street frontage, building foundation, and interior parking lot landscaping, as well as a 15-foot-wide buffer with Category IV plantings along the southern and southeastern property line facing adjoining residential properties and a 10-foot- wide Category I landscape buffer along the eastern property line. Thalia Plaza, LLC Page 4 of 4 City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. Conditions for Subdivision Variance 1 . The applicant/owner shall submit a subdivision plat to the City of Virginia Beach, subject to the review and approval of the Department of Planning & Community Development prior to the recordation, which shall be in substantial conformance to the submitted exhibit entitled "CONCEPTUAL SITE LAYOUT PLAN OF THALIA PLAZA, VIRGINIA BEACH, VIRGINIA", prepared by Orbis Landscape Architecture, dated n aFGh 13, 2 July 12, 2024, a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning & Community Development. 2. The interior property lines shall be vacated. 3. As depicted on the proffered conceptual site plan, the property lines at the street intersection of Virginia Beach Boulevard and N. Fir Avenue shall be rounded with a minimum radius of twenty (20) feet. ■ Attachments: Staff Report and Disclosure Statements Location Map Proffer Agreement Minutes of Planning Commission Hearing Letter of Opposition (1) REVISED Conceptual Site Layout plan dated 07.12.2024 Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager Thalia Plaza, LLC Page 2 of 4 A Subdivision Variance is requested for the deficiency in lot width and street line frontage. 200 feet of lot width and 160 feet of street line is required, where only 120 feet is provided for both. Additionally, the applicant is requesting a deviation to the lot area requirements through the provisions of Section 107(i) of the Zoning Ordinance. The required minimum lot area is 40,000 square feet in the B-4 Mixed District for this type of development and the proposed lot area is 19,234 square feet. ■ Considerations: The proposal will contribute to the quality of the surrounding area by replacing a vacant restaurant building with a new building that reflects the recommendations for the Strategic Growth Areas (SGAs) and the Special Area Development Guidelines for Urban Areas. The variance requests to lot width and street line frontage requirements are compliant with the conditions of Section 9.3 of the Subdivision Regulations and consistent with the Comprehensive Plan's vision for the Suburban Area. Staff and the Planning Commission concurred that the deviations to the lot area, setbacks, and variance request to lot width and street line frontage are acceptable, as the use will not negatively impact surrounding properties but rather will improve the aesthetics of the site with a development that provides not only retail opportunities for neighboring properties but quality housing for citizens of Virginia Beach. The Conceptual Site Layout Plan submitted to the Planning Commission displayed a 22-foot-wide entrance along N. Fir Avenue. This does not meet the Public Works Design Standards Manual which requires a width of 30 feet at the point of tangent in the entrance. The applicant, as noted in the Staff Report, made plans to revise the plan between Planning Commission and City Council to ensure that the commercial entrance is in full compliance with the Public Works Design Standards. The plan was updated to meet this requirement, is included as an attachment, and was submitted prior to the proffer deadline of 10 days prior to City Council. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. One letter of opposition was received from an adjacent property owner with concerns regarding how the development will affect their property values. ■ Recommendation: On July 10, 2024, the Planning Commission passed a motion to recommend approval of this request by a vote of 10 to 0. PROFFERS Proffer 1: When the Property is developed, the entrance, streets, landscaping, and fencing shall be substantially in accordance with the "CONCEPTUAL SITE LAYOUT PLAN OF THALIA PLAZA, VIRGINIA BEACH, VIRGINIA", dated n3i�=4 07/12/2024, Thalia Plaza, LLC Page 3 of 4 prepared by Orbis Landscape Architecture, which has been exhibited to the Virginia Beach City Council, is on file with the Virginia Beach Department of Planning ("Concept Plan"), and is incorporated herein by reference. Proffer 2: When the Property is developed, the building shall be substantially in accordance with the exhibit dated 02/28/2024, prepared by reich design associates p.l.c., which has been exhibited to the Virginia Beach City Council, is on file with the Virginia Beach Department of Planning ("Building and Elevations"), and is incorporated herein by reference. Proffer 3: There will be no more than one (1) enclosed building as depicted on the Concept Plan. Proffer 4: When the Property is developed, all outdoor lighting will be shielded to direct light and glare onto the premises, said lighting and glare will be deflected, shaded, and focused away from all adjoining property. Any outdoor lighting will not be erected any higher than fourteen (14) feet. Proffer 5: When the Property is developed, the rear yard of the Property will utilize a 15' Category IV landscaping buffer and the eastern border of the Property will utilize a 10' Category I landscaping buffer. Proffer 6: When the Property is developed, the facility will include the number of parking spaces depicted on the Concept Plan. Proffer 7: When the Property is developed, all signage will adhere to the requirements of the Zoning Ordinance, unless a variance is approved by the City of Virginia Beach Board of Zoning Appeals. Proffer 8: When the Property is developed, a dumpster enclosure will be located in the southeastern corner of the parking lot; the materials of the dumpster enclosure will be CMU block construction; the color of the dumpster enclosure will match the color of the proposed building; and the dumpster enclosure will be surrounding by the required landscaping plantings, as depicted on the Concept Plan. Proffer 9: Further conditions may be required by the Grantee during the detailed review of the concept Plan and Buildings and Elevations and administration of applicable Applicant & Property owner Thalia Plaza, LLC Agenda Items Planning Commission Public1 2024 Councili City ' • • • 2 & 3 NC -) Virginia Beach Request Conditional Rezoning(B-2 Community Business& R-5D Residential Duplex District to Conditional B-4 Mixed Use Business District) N Subdivision Variance (Section 4.4(b)of the CORPORATION IN OAR Subdivision Regulations) uNoe�w R� Staff Recommendation ''POFe�Nc(t Approval r t w``KOFFOR Staff Planner Marchelle Coleman o VIRGINIA BEACH- � � Z LocationW DUTCHST- 4317 Virginia Beach Boulevard &216 N. Fir o m < Z I Avenue W � GPINs w 1477857194, 1477857096 m a y Site Size 0.44 acres AICUZ Less than 65 dB DNL Watershed Chesapeake Bay �A VIRGIN!A BE Existing Land Use and Zoning District R x, Vacant retail building,Single-family dwelling B-2 Community Business, R-5D Residential Surrounding Land Uses and Zoning Districts North Virginia Beach Boulevard Retail,Automobile Repair Garage/B-2 Community Business F, .= Q South ' Single-family dwelling /R-5D Residential East Office,single-family dwellings/0-1 Office, R-5D ,. 4 \ Residential `. West N. Fir Avenue Religious Use/ R-5D Residential Thalia Plaza, LLC Agenda Items 2 &3 Page 1 Background & Summary of Proposal• The applicant is requesting to rezone approximately 0.44-acres (19,234 square feet)from B-2 Community Business District and R-513 Residential District to Conditional B-4 Mixed Use District to redevelop two parcels with a mixed-use development consisting of retail and eight multi-family dwelling units.The applicant is also requesting a Subdivision Variance to the lot width and street line frontage requirements for the B-4 Mixed Use District. • The property is located on the southeast corner of the intersection of Virginia Beach Boulevard and N. Fir Avenue between the Pembroke Strategic Growth Area (SGA)and the Rosemont Strategic Growth Area (SGA).While the property is not located within an SGA,the applicant has designed the property to adhere to SGA's development design guidelines,specifically the Special Area Development Guidelines for Urban Areas. • The Special Area Development Guidelines for Urban Areas include design recommendations that address setbacks, building location,access and circulation, parking areas, landscaping, natural features,stormwater management as landscaping features, lighting,signs,and outdoor art.A summary of how the proposal addresses each guideline is provided below in the Evaluation section of this report. • The site will be developed with a four-story mixed-use building.The first floor will be used for retail space and will house the main lobby to include an elevator,stairs,and atrium.The second and third floors will be developed with eight,two-bedroom residential units(four apartment units per floor)and the fourth floor will provide amenity space for the residents, including a recreation room and storage space.A 683-square-foot roof deck is also proposed as additional amenity space for the residents. • As depicted on the proffered building elevations,the exterior fagade will consist of a neutral color palette with brick veneer,fiber cement wall panels, and glass. At the tallest point,the building will be 44 feet and six inches in height; however,the proposed rear building height adjacent to the neighboring residences, is 33 feet and six inches, meeting the 35-foot maximum height required within 100 feet of a residential district. • The conceptual site plan depicts a total of 26 parking spaces. Per the Zoning Ordinance, one space for 250 square feet is required for the retail use.With 2,500 square feet of floor area, 10 spaces are provided, as required.Also,two parking spaces are provided for each unit of the eight apartment units,thereby meeting the parking requirement with 16 spaces.As required, per Section 203(b)(12)of the Zoning Ordinance,five bicycle spaces are required for this development and eight bicycle spaces have been provided, exceeding this requirement by three bicycle spaces. • As proffered,the Conceptual Site Plan shows the required street frontage, building foundation, and interior parking lot landscaping.The plan also depicts a 15-foot-wide buffer with Category IV plantings along the southern and southeastern property lines to screen the site from the adjoining residential properties, as well as a 10-foot-wide Category I landscape buffer along the eastern property line adjacent to the 0-1 Office zoned property. • A Subdivision Variance is requested for the deficiency in lot width and street line frontage.The applicant is also requesting a deviation to the lot area requirements through the provisions of Section 107(i)of the Zoning Ordinance. Required Proposed Required Proposed Proposed (interior lot line be vacated) Lot Width Width Frontage Frontage Lot Area (square feet) (feet) (feet) (feet) (feet) (square feet) 4317 Virginia Beach Boulevard 200 120* 160 120* 40,000 19,234* 216 N. Fir Avenue *Variance/Deviation Requested Thalia Plaza, LLC Agenda Items 2 &3 Page 2 • A Phase I Environmental Site Assessment (ESA)was provided by Map Environmental Inc, dated April 12, 2024.The Phase I Environmental Site Assessment revealed that there are no current or pending environmental enforcement activities on the property,as well as no evidence of Recognized Environmental Conditions(REC), Historical Recognized Environmental Conditions(HRECs), Controlled Recognized Environmental Conditions (CRECs),and Vapor Encroachment Conditions(VECs)on this property. It was determined that based on Map Environmental Inc findings the subject property does not pose a significant risk to human health or the environment. Zoning History VIRGINIA BEACH BLVD - % - # Request — ' -- 1 CUP(Automobile Repair Garage)Approved 06/20/2018 1 CUP(Automotive Repair)Approved 07/10/2012 o� i CUP(Automobile Service Station)Approved 01/25/1994 MEN/, 2 i= REZ(RS-4&T-2 to CG-1)Approved 07/08/1963 2 CUP(Church Expansion)Approved 07/02/2002 CUP(Church)Approved 09/08/1998 RSD CUP(Church)Approved 05/22/1978 R D 3 1 CRZ(R-51D to Conditional 0-1)Approved 03/25/1997 I 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—Alternative Compliance STR—Short Term Rental Evaluation • • • The requests to conditionally rezone these parcels,totaling 0.44-acres,from B-2 Community Business and R-51) Residential to Conditional B-4 Mixed Use District for the construction of a mixed-use development with retail and multi- family dwellings, as well as a Subdivision Variance to lot area, lot width, and street line frontage,are acceptable. In Staffs opinion,the proposal will contribute to the quality of the surrounding area by replacing a vacant restaurant building with a new building that reflects the recommendations for the Strategic Growth Areas(SGAs)and the Special Area Development Guidelines for Urban Areas. Given that the property is highly visible along Virginia Beach Boulevard and is in close proximity to the Pembroke SGA to the west and the Rosemont SGA to the east,the applicant ensured that the elements of building design,site layout, pedestrian orientation,and landscaping were at the forefront of the planning process for this development. Although the site is not within an SGA,the applicant worked with Staff to provide a site layout and building design that contributes to an overall consistent character throughout this corridor and that would serve as a link between the two SGAs. The applicant is requesting a deviation to the front yard and side yard setbacks to align with the recommendations of the SGA to which Staff is amendable to the deviation request since the property is located within the approximately 0.5 mil gap between the two SGAs. As stated previously,the Special Area Development Guidelines for the Urban Area, adopted by reference, as part of the Comprehensive Plan's Reference Handbook was used in the development of this site proposal. A summary of how the project addresses each guideline is provided below: Thalia Plaza, LLC Agenda Items 2 &3 Page 3 Setbacks and Building Location—This Guideline recommends buildings be placed close to the pedestrian street and that parking, loading,and service areas are sufficiently screened from view of the public right-of way.While the provisions of Section 283 which allow for reduced setbacks for properties located within an SGA that adhere to the design features outlined in Section 283 (c)do not apply to the subject property,staff is supportive of the requested deviations to the front and side-yard setback since the site is located within the 0.5-mile gap between the Pembroke and Rosemont SGAs. All setback requirements have been met. Access and Circulation—This Guideline addresses the ease by which one can leisurely walk throughout the area whereby reliance on automobiles is reduced.The site layout for this project is designed to allow pedestrians to easily enter and exit the site and the building using the sidewalks.There are existing sidewalks along Virginia Beach Boulevard and N. Fir Avenue.The sidewalks along N. Fir will be at least 5-feet wide and will be extended to the southern property line of the proposed development. Bicycle spaces have also been provided on-site. Parking Areas—As indicated in this Guideline, parking areas should not dominate the frontage of streets. Off-street parking areas should be located behind or on the side of buildings and should create an internal circulation network that minimizes or eliminates curb cuts. To address this Guideline,the parking lot for this development is located behind the building with several spaces provided under the building overhang.There is an existing ingress/egress point along Virginia Beach Boulevard and two ingress/egress points along N. Fir Avenue for these existing lots.To increase pedestrian and vehicular safety and to comply with the guidelines for the SGA,only one ingress/egress point will be provided for this development, along N. Fir Avenue, reducing ingress/egress access points from three to one. Landscaping—This Guideline emphasizes the need for quality landscaping to be provided in the built urban environment.The Conceptual Site Plan depicts the required building foundation,street frontage,and interior parking lot plants.As required by the Zoning Ordinance, a 15-foot-wide Category IV buffer is proposed along the southern and southeastern property lines adjacent to the adjoining residential properties and a 10-foot-wide Category I buffer provided adjacent to the 0-1 parcel to east. Natural Features—This Guideline recommends that undisturbed natural areas and important natural features be identified during the design process. Since this is a relatively small site which contains a significant amount of existing impervious cover,the proposed redevelopment does not include retention of the existing undisturbed natural areas; however,the proposed development does include a substantial amount of new landscaping as previously described. Stormwater Management as Landscaping Features—This Guideline encourages stormwater retention and detention systems be designed as open space or landscape amenities.As depicted on the plan, a stormwater vault is proposed on this site to address water quality and quantity on site,as well as the purchase of nutrient credits, instead of a typical stormwater BMP.The proposed stormwater vault will be approximately 7-feet deep with only about 2.5 feet of exposed wall at the sidewalk.The structure will be constructed of concrete and from the sidewalk level is intended to function as a seat wall. Lighting—This Guideline indicates that site lighting be designed to reduce light trespass and glare.The proposed site is deemed to be consistent with the lighting guidelines,as lighting is proposed to reduce glare and trespass as noted in Proffer 4.A Photometric lighting plan will be required during site plan review to ensure the proposed lighting satisfies the requirements of Sections 252 and 254 of the Zoning Ordinance. Signs—As indicated in this Guideline,signs should primarily serve to identify the name, street number and nature of a business. The color and theme of signs should be consistent with the primary building and surrounding area and should be in compliance with the Zoning Ordinance.While the retail tenants have not be finalized as this time, all proposed signage must adhere to the requirements set forth in the Zoning Ordinance.There is no freestanding signage proposed for this development. Thalia Plaza, LLC Agenda Items 2 &3 Page 4 Outdoor Art—This Guideline encourages the incorporation of outdoor art into the overall design of a project.The proposed Conceptual Layout Plan does not indicate any outdoor art for this site at this time. In sum,the applicant revised the plan to pull the building closer to the street and relocated the parking areas behind the building,so that parking is not a prominent feature seen from Virginia Beach Boulevard. In addition,the applicant submitted a quality landscape plan depicting the required 15-foot wide Category IV buffering adjacent to the residential properties to the southern and southeastern property lines, as well as a 10-foot wide Category I buffer adjacent to the office uses to the east; minimized unnecessary curb cuts along Virginia Beach Boulevard and N. Fir Avenue;and eliminated parking between the building and the street, ultimately enhancing the view from the public right-of-way.As presented,Staff believes these topics have been addressed in an acceptable manner through a logical site layout with improved ingress/egress,quality architecture,and landscaping. Section 9.3 of the Subdivision Regulations states: No variance shall be authorized by the Council unless it finds that: A. Strict application of the ordinance would produce undue hardship. B. The authorization of the variance will not be of substantial detriment to adjacent property, and the character of the neighborhood will not be adversely affected. C. The problem involved is not of so general or recurring a nature as to make reasonably practicable the formulation of general regulations to be adopted as an amendment to the ordinance. D. The hardship is created by the physical character of the property, including dimensions and topography,or by other extraordinary situation or condition of such property,or by the use or development of property immediately adjacent thereto. Personal or self-inflicted hardship shall not be considered as grounds for the issuance of a variance. E. The hardship is created by the requirements of the zoning district in which the property is located at the time the variance is authorized whenever such variance pertains to provisions of the Zoning Ordinance incorporated by reference in this ordinance. Staff finds the variance requests to the lot width and street line frontage requirements to be compliant with the conditions of Section 9.3 of the Subdivision Regulations and consistent with the Comprehensive Plan's vision for the Suburban Area. In the B-4 Mixed Use Zoning District,a minimum 100 feet of lot width and 80 feet of street line frontage is required for commercial developments; however,since this property will be developed with retail and multi-family dwellings,the most stringent regulations shall apply. Multi-family dwellings within the B-4 Mixed-Use District requires a minimum 200 feet of lot width and 160 feet of street line frontage.This property is deficient by 80 feet of lot width and 40 feet of street line frontage. In addition,the applicant is requesting a deviation to the required lot area requirements through the provisions of Section 107(i)of the Zoning Ordinance,which allows City Council to grant deviations if"for good cause shown upon a finding that there will be no significant detrimental effects on surrounding properties." Per the Zoning Ordinance,40,000 square feet of lot area is required for multifamily developments in the B-4 Mixed-Use District.As required by Section 4.1(j) of Subdivision Regulations, street intersections shall be rounded with a minimum radius of twenty feet.The corner rounding shown at the northwest corner reduces the lot area by 86 square feet.With the corner rounding,the subject site will have a lot size of 19,234 square feet(.44-acres),which is just shy of the 20,000 square foot minimum lot area required for commercial development in the B-4 Mixed-Use District. In Staff's view,the deviation to the lot area,the front yard and side yard setbacks, and variances to the lot width and street line frontage requirements are acceptable. Staff believes that while the site may be deficient in the lot area,front and side yard setbacks, lot width,and street line frontage requirements,the site does align with many of the key components of the Special Area Development Guidelines for Urban Areas and the City's Zoning Ordinance,as the site utilizes a lot coverage percentage of 69.3%which is below the 75% maximum,all parking is met on site for both the retail businesses and the multi-family dwellings, and the site provides the required landscape buffering adjacent to both the residential properties to south and the office use to the east. While the site does not meet the dimensional Thalia Plaza, LLC Agenda Items 2 &3 Page 5 requirements that are more stringent for multi-family dwellings,the development does comply with the less stringent requirements for lot width and street line frontage for commercial developments and is only short 766 square feet of the minimum lot area requirement for commercial developments. Similarly,since this is a redevelopment project for existing parcels,the applicant is limited by the dimensions and characteristics of the existing parcels.These deviations, in Staff's opinion,will not negatively impact surrounding properties but rather will improve the aesthetics of the site with a development that provides not only retail opportunities for neighboring properties but quality housing for citizens of Virginia Beach. Information provided by the Virginia Beach City Public School Staff indicates that the anticipated increase in student enrollment due to the new dwelling units will be minimal with only a total of two students:one student at the elementary school level and one student at high school level.The increase in student population will be below maximum occupancy levels. Based on this,the proposal is not expected to negatively impact the school population. It is the opinion of the city's Traffic Engineering Staff that the traffic generated by the proposed development will result in 190 average daily trips. According to Public Works staff, Virginia Beach Boulevard and N. Fir Avenue have adequate capacity to support the proposed development. The proposed access point along N. Fir Avenue must meet the Public Works Design Standards Manual (PWDSM) for a commercial entrance. Section 3.9.0 of the PWDSM states "Commercial entrances will have a width of 30 feet at the point of tangent in the entrance". The proposed conceptual site plan shows an entrance width of only 22 feet. To address this, the applicant will revise the plan between Planning Commission and City Council to ensure that the commercial entrance is in full compliance with the Public Works Design Standards. This site is located in the Chesapeake Bay watershed and a narrative was provided by the applicant that indicates the intention to address water quality and quantity through a structural stormwater vault and the purchase of nutrient credits. An in-depth review of the stormwater management strategy will occur during the site plan review process to ensure compliance with all stormwater regulations and that no negative impacts will occur upstream or downstream as a result of this development. Based on these considerations above,Staff recommends approval of these requests subject to the proffers and conditions below. • The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement(CZA).The applicant, consistent with Section 107(h)of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved,the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. Proffer 1: When the Property is developed,the entrance,streets, landscaping, and fencing shall be substantially in accordance with the "CONCEPTUAL SITE LAYOUT PLAN OF THALIA PLAZA, VIRGINIA BEACH, VIRGINIA", dated ^'"�2 07/12/2024, prepared by Orbis Landscape Architecture,which has been exhibited to the Virginia Beach City Council, is on file with the Virginia Beach Department of Planning("Concept Plan"), and is incorporated herein by reference. Proffer 2: When the Property is developed, the building shall be substantially in accordance with the exhibit dated 02/28/2024, prepared by reich design associates p.l.c., which has been exhibited to the Virginia Beach City Council, is on file with the Virginia Beach Department of Planning("Building and Elevations"), and is incorporated herein by reference. Proffer 3: There will be no more than one(1)enclosed building as depicted on the Concept Plan. Thalia Plaza, LLC Agenda Items 2 &3 Page 6 Proffer 4: When the Property is developed, all outdoor lighting will be shielded to direct light and glare onto the premises, said lighting and glare will be deflected, shaded, and focused away from all adjoining property. Any outdoor lighting will not be erected any higher than fourteen (14)feet. Proffer 5: When the Property is developed,the rear yard of the Property will utilize a 15'Category IV landscaping buffer and the eastern border of the Property will utilize a 10'Category I landscaping buffer. Proffer 6: When the Property is developed,the facility will include the number of parking spaces depicted on the Concept Plan. Proffer 7: When the Property is developed,all signage will adhere to the requirements of the Zoning Ordinance, unless a variance is approved by the City of Virginia Beach Board of Zoning Appeals. Proffer 8: When the Property is developed, a dumpster enclosure will be located in the southeastern corner of the parking lot;the materials of the dumpster enclosure will be CMU block construction;the color of the dumpster enclosure will match the color of the proposed building; and the dumpster enclosure will be surrounding by the required landscaping plantings, as depicted on the Concept Plan. Proffer 9: Further conditions may be required by the Grantee during the detailed review of the concept Plan and Buildings and Elevations and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. Staff Comments:Staff has reviewed the Proffers listed above and finds them acceptable. The City Attorney's Office has reviewed the agreement and found it to be legally sufficient and in acceptable legal form. Recommended Conditions 1. The applicant/owner shall submit a subdivision plat to the City of Virginia Beach,subject to the review and approval of the Department of Planning&Community Development prior to the recordation,which shall be in substantial conformance to the submitted exhibit entitled "CONCEPTUAL SITE LAYOUT PLAN OF THALIA PLAZA,VIRGINIA BEACH,VIRGINIA", prepared by Orbis Landscape Architecture, dated " aF(;h 13, 202 July 12, 2024, a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning&Community Development. 2. The interior property lines shall be vacated. 3. As depicted on the proffered conceptual site plan,the property lines at the street intersection of Virginia Beach Boulevard and N. Fir Avenue shall be rounded with a minimum radius of twenty (20)feet. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. Thalia Plaza, LLC Agenda Items 2&3 Page 7 The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. ' Comprehensive Plan Recommendations The Comprehensive Plan recognizes this property as being within the"Suburban Area". Guiding principles have been established in the Comprehensive Plan to guard against possible threats to the stability of the Suburban Area and to provide a framework for neighbors and places that are increasingly vibrant and distinctive.The Plan's primary guiding principle for the Suburban Area is to create "Great Neighborhoods", and to support those neighborhoods with complementary non-residential uses in such a way that working together the stability and sustainability of the Suburban Area is ensured for now and the future. Based on the Comprehensive Plan Policy Document,a mixed-use development at this location within the Suburban Area is compatible with recommendations (pg.1-60).The adjacent residential subdivisions currently have a mix of single- family dwellings and apartment complexes.This mixed-use commercial and residential development would be compatible with the surrounding area, as it is abiding by SGA's development design guidelines.The location of the property along Virginia Beach Boulevard, is in close proximity to Pembroke SGA and the Rosemont SGA, and connection to the future VB Trail from N. Fir Avenue,the design to have human-scaled street frontages and well-planned sidewalks are supported by the Comprehensive Plan Recommendations. ResourcesNatural & Cultural • This site is located in the Chesapeake Bay watershed.There does not appear to be any significant natural resources or cultural features associated with the site. Traffic Impacts/Transportation Street Name Present Volume Present Capacity Generated Traffic Virginia Beach Boulevard 41,450 ADT' 74,000 ADT 1(LOS""D") Existing Land Use 2-160 ADT N. Fir Avenue No Data Available 9,900 ADT 1(LOS""D") Proposed Land Use 3-190 ADT 1Average Daily Trips 2 as defined by a 1,540 square 3 as defined by 2,500 square feet of 4 LOS=Level of Service foot restaurant retail space and 8 apartment units Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Virginia Beach Blvd is an eight-lane major urban arterial road in the vicinity of this site with an approximate right-of-way width of 150 feet. The MTP shows an eight-lane major arterial with an ultimate right-of-way width of 155 feet. N. Fir Avenue is a two-lane local roadway.There are no CIP Projects scheduled in the vicinity of this site. Active Transportation Plan The Active Transportation Plan recommends the incorporation of a shared-use path along Virginia Beach Boulevard. According to the Plan,shared use paths are typically 11-feet wide or greater and provide a physical buffer from vehicle traffic. Thalia Plaza, LLC Agenda Items 2 &3 Page 8 Public Utility Impacts Water &Sewer There are an existing water and sanitary sewer mains along Virginia Beach Boulevard and N. Fir Avenue.The proposed mix use building will need separate metering for residential and commercial.Water and sanitary sewer must be verified and improved, if necessary,so that the proposed development will have adequate water pressure,fire protection and sanitary sewer service. School • . School Current Enrollment Capacity Generation 1 Change' Thalia Elementary 577 students 621 students 1 student 1 student Independence Middle 1,189 students 1,204 students 0 students 0 students Princess Anne High 1,713 students 1,599 students 1 student 1 student "'Generation"represents the number of students that the development will add to the school. 2"change"represents the difference between the number of potential or actual students generated under the existing zoning and the number generated under the proposed zoning. The number can be positive(additional students)or negative(fewer students). Public Outreach Information Planning Commission • The applicant reported that they met with the surrounding property owners, and no objections were raised. While the property is not located in the Thalia Civic League,the applicant's representative reached out to the Thalia Civic League, as the site is in close proximity to the civic league boundary.Wile The Thalia Civic League raised concerns regarding the graffiti on the existing vacant building which the applicant addressed immediately. • As required by the Zoning Ordinance, the public notice sign(s)was placed on the property on June 10, 2024. • As required by State Code,this item was advertised in the Virginian-Pilot on Wednesdays,June 26, 2024 and July 3, 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 June 24, 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 July 3, 2024. City Council • As required by City Code,this item was advertised in the Virginian-Pilot on Tuesdays, August 6, 2024 and August 13, 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 August 5, 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 August 16, 2024. Thalia Plaza, LLC Agenda Items 2 & 3 Page 9 OW m`21 0 .0 -WW OEWP u OrQ Qj arr. owiu Poo ni oil I, zow 4 00! "Vm" • iir- .&F W& --w•u ------ ————————————- DAwnuw(ut Div" rw 'At"11 1M MMIYmmum aIM WMNIWTAt1RaM rim &WIN le[wF fAiQlra M`a LA (sx.In z -,,,% t ..I' It x 11 s. 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Realdrk Arnrdq Bps 6673E 3 iwru-m.•rcr�'uura w=°c ,�.-Y-,. !' 0 WWBUfT3t ` '� IMbr•YwAtRpR.— S33 AR.:lXTSC'RRC P_At8'OR 36LDIN6 Cr'TA0.9 � N 1 Sidi°IO R !•' /{ ! `• . 1 r..i b I - a p (D Q DATE:2024. z O R B I S (1) UYILEaf ORId11RB5 AVE 6M?AL M MARE MO ARE&TeVED OILY TO 1LSTRAY_ TIE SM:M%r T oO1 y 9t.FORA Pf",M-T 8 SIIOI T E ff REI®UFOA A$ r} sU 11E SOL 9A55 7dR MY RMlCl/JR lEBN.LT BMJ V6 rRArwcTlOk � � d go N N N � N � r N r N w n Proposed Building Elevations El F1 LU LLI LA Thalia Plaza, LLC Agenda Items J &3 Page12 Proposed Building Elevations "✓;PFKr Pli DAA x p W r tt l{OPOC PaalK/l i s � a 000 0 W 0 yl .Y f p r, it y Ei MM I I i I� I i _ 6 ----.----- rs; j E I R tal � I � I � Thalia Plaza, LLC Agenda Items 2 &3 Page 13 Site Photos �4-till e tr s t' m > z s y ut Y � ' Site Photos Fri x" T— ft' NIT r t 1 •A. f ax. m `£4 T � x Thalia Plaza, LLC Agenda Items 2 &3 Page 15 Disclosure Disclosure Statement Planning Onnrnunity _ I�cioUn�t:nt 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. A,pollant Disclosure Applicant Name THALIA PLAZA,LLC Does the applicant have a representative? ®Yes ❑NO • Ifyas,list the name of the representative. Kyle D.Korte,Esq.and Chris Poeta,Esq.(Wolcott Rivers Gates) Is Ow applicant a corporation,partnership,firm,business,trust or an unincorporated business?It YeS ❑No • If yes,list the names of all officers,directors,members,trustees;etc.below. (Attach a list If necessary) Mohammed Jaml,Manager and Member Patricia Jaml,Member • if yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list If necessary) N/A "Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation.' See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. 2"Affiliated business entity relationship"means`a relationship,other than parent-subsidiary relationship,that exists when(1)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 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 Thalia Plaza, LLC Agenda Items 2 & 3 Page 16 Disclosure Disclosure Statement }Manning&Cominunit.y Deveiopmml 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 cr 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-coliatereii=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? W Yes ❑No • if yes,identify the financial institutions providing the service. TOWNEBANK 2. Does the applicant have a real estate broker/agent/reaitor 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 11111 No • If yes,Identify the firm and individual providing the service. 4. Does the applicant have services from an architect/landscape arehltect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?E Yes ❑NO • If yes,identity the firm and individual providing the service. Orbis Landscape Architecture•Nathan Lahy Armond Reich, Reich Designs 5. Is there any other pending or proposed purchaser of the subject property?❑Yes 0 No • if yes,identify the purchaser and purchaser's service providers. Revised 1I,09.2020 2 P e g e Thalia Plaza, LLC Agenda Items 2 &3 Page 17 Disclosure Disclosure Statement Pis nning&Cumniunity Dvvebpment 6. Does the applicant have a construction contractor In connection with the subject of the application or any business operating or to be operated on the property?®Yes ❑No • if yes,Identify the company and Individual providing the service. Imperial Builders,LLC—Mohammed lams 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?IN Yes ❑NO • If yes,Identify the firm and individual providing the service. John Sandow Engineering-John Sandow,Mid Atlantic Surveying and Land Design-Beth Anne Campbell 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?N Yes ❑No a If yes,Identify the firm and individual providing the service. Wolcott Rivers Gates-Kyle D,Korte,Esq.and Chris Pocta,Esq. Applicant SlRnatum 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 Manning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee In connection with this application. Applicant Slgnature _ Mohammed Jami,Manager Print Name and fltle April 30,2024 Date v Is the applicant also the owner of the subject property? ipl Yes ❑No • If yes,you do not need to fill out the owner disclosure statement. ® No dw•an w or o.e. 7/31/2024 PAMNarne Marchelle L.Coleman Revised 11.09.2020 3 1 P a g e Thalia Plaza, LLC Agenda Items 2 &3 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. Thalia Plaza, LLC Agenda Items 2 &3 Page 19 THALIA PLAZA,LLC, a Virginia limited liability company TO (PROFFERED COVENANTS,RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH,a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 30th day of April, 2024, by and between THALIA PLAZA,LLC,a Virginia limited liability company,party in the first part,Grantor,and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia,party in the second part, Grantee. WITNESSETH: WHEREAS,the party in the first part is the owner of two contiguous parcels of land located in the District 4 of the City of Virginia Beach, containing approximately 0.44 acres, as more particularly described as "Exhibit A" attached hereto and incorporated herein by reference (the "Property"); and WHEREAS, the party of the first part,as owner of the two parcels of land, has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the Zoning Classification of one parcel of land within the Property from R-513 Residential Duplex District to Conditional B-4 Mixed Use District, and the other parcel of land within the Property from B-2 Business District to Conditional B-4 Mixed Use District; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes though zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not GPIN NO.: 1477-85-7194-0000 Prepared by: Christopher A. Pocta, Esq. 1477-85-7096-0000 Wolcott Rivers Gates 200 Bendix Road Suite 300 Virginia Beach,VA 23452 Telephone: (757)497-6633 Facsimile: (757) 554-0248 generally applicable to land similarly zoned are needed to cope with the situation to which the Grantor's rezoning application gives rise; and WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map, in addition to the regulations provided for the B-4 Zoning District by the existing overall Zoning Ordinance, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property,which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantor, for itself, its successors, personal representatives, assigns,grantees,and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element or compulsion or quid pro quo for conditional use, site plan, or building permit, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property,which shall be binding upon the Property and upon all parties and persons claimed under or through the Grantor, its successors, personal representatives, assigns, grantees, and other successors in interest or title: 1. When the Property is developed, the entrance, streets, landscaping, and fencing shall be substantially in accordance with the "CONCEPTUAL SITE LAYOUT PLAN OF THALIA PLAZA, VIRGINIA BEACH, VIRGINIA'', dated 07/12/2024, prepared by Orbis Landscape Architecture, which has been exhibited to the Virginia Beach City Council, is on file with the Virginia Beach Department of Planning ("Concept Plan"), and is incorporated herein by reference. 2. When the Property is developed, the building shall be substantially in accordance with the exhibit dated 02/28/2024, prepared by reich design associates p.l.c., which has been exhibited to the Virginia Beach City Council, is on file with the Virginia Beach Department of Planning(`Building and Elevations"), and is incorporated herein by reference. 3. There will be no more than one (1) enclosed building as depicted on the Concept Plan. 2 4. When the Property is developed, all outdoor lighting will be shielded to direct light and glare onto the premises, said lighting and glare will be deflected, shaded, and focused away from all adjoining property.Any outdoor lighting will not be erected any higher than fourteen(14) feet. 5. When the Property is developed, the rear yard of the Property will utilize a 15' Category IV landscaping buffer and the eastern border of the Property will utilize a 10' Category I landscaping buffer. 6. When the Property is developed, the facility will include the number of parking spaces depicted on the Concept Plan. 7. When the Property is developed, all signage will adhere to the requirements of the Zoning Ordinance, unless a variance is approved by the City of Virginia Beach Board of Zoning Appeals. 8. When the Property is developed, a dumpster enclosure will be located in the southeastern corner of the parking lot;the materials of the dumpster enclosure will be CMU block construction; the color of the dumpster enclosure will match the color of the proposed building; and the dumpster enclosure will be surrounding by the required landscaping plantings,as depicted on the Concept Plan. 9. Further conditions may be required by the Grantee during the detailed review of the concept Plan and Buildings and Elevations and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. All references hereinabove to the conditional use and R-513 Residential Duplex Districts, B-2 Business Districts, and Conditional B-4 Mixed Use Districts, and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council,which are by this reference incorporated herein. The above conditions, having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or 3 varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instruments as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantor covenants and agrees that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied, and (b) to bring legal action or suit to ensure compliance with such conditions, including mandatory or prohibitory jurisdiction, abatement, damages, or other appropriate action,suit or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator,made pursuant to these provisions,the Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property,and the ordinances and conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the Grantor and the Grantee. [Signature Page Follows] 4 WITNESS the following signatures and seals: THALIA PLAZA,LLC, a Virginia limited liability company By: ---- (SEAL) Name: Title: COMMONWEALTH OF VIRGINIA CITY/COUNTY OF ,to-wit: I, the undersigned, a Notary Public in and for my City/County and State aforesaid, do hereby certify that _ 7 __ of Thalia Plaza, LLC, a Virginia limited liability company, whose name is signed to the foregoing instrument, has acknowledged the same before me this day of __ _ , 2024, who is personally known to me or has produced sufficient identification documentation. Notary Public My Commission Expires: My Commission Number: 5 WITNESS the following signatures and seals: THALIA PLAZA, LLC, a Virginia limited liability company By: '% (SEAL) Name: ' Title: Ma COMMONWEALTH OF VIRGINIA /COLJNTY OF �►�ytjn 1bfflGh ,to-wit: I, the undersigned, a Notary Public in and for my County and State aforesaid, do hereby certify that MDhd1 rntd .10mi , Mfan of Thalia Plaza, LLC, a Virginia limited liability company, whose name is signed to the foregoing instrument, has acknowledged the same before me this 3DV day of �VV11 2024, who is personally known to me or has produced sufficient identification documentation. k y UPL: Notary Public My Commission Expires: 0113hjiD26 WyTARY ;O My Commission Number: 1a6g511 PUBU #79011 's 5 EXHIBIT A Property Description for GPIN No. 1477-85-7194-0000 ALL THOSE certain lots,pieces,or parcels of land,with the buildings and improvements thereon, situate in Kempsville Mosquito District,numbered 4317 Virginia Beach Boulevard,(formerly 100 Fir Avenue), formerly in the County of Princess Anne, being known, numbered, and designated as Lots 12, 13, and the Northern 23 feed of Lot 11, in Block 23, on the plat of"Resubdivision of Lots Numbered 5 through 13, Block Numbered 23, Deal Tract No. 2, located near Jacksondale in Princess Anen County,Virginia",now Virginia Beach,Virginia,which said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia,formerly in the Clerk's Office of Princess Anne County,Virginia in Deed Bok 407 at page 435. LESS AND EXCEPT that portion conveyed to the Commonwealth of Virginia by deed dated November 5, 1950,recorded June 6, 1951 in Deed Book 287 at page 433, for street purposes. LESS AND EXCEPT that portion conveyed to the City of Virginia Beach, Virginia for drainage purposes as set out in Deed Book 2562 at page 1031,recorded November 6, 1986. Property Description for GPINNo. 1477-85-7096-0000 ALL THOSE certain lots,pieces,or parcels of land,with the buildings and improvements thereon, situate,in the City of Virginia Beach,Virginia and being known,numbered,and designated as the Northern Twenty-seven(27)feet of Lot Nine(9), adjoining Lot Ten(10), all of Lot Ten(10)and the Southern Twelve(12) feet of Lot Eleven(11), adjoining Lot Ten(10),in Block Twenty-Three (23), as sown on the plat entitled, "Resubdivision of Lots #5 through 413, Block#23, Deal Tract No. 2, located near Jacksondale in Princess Anne Co., Va.", said plat having been recorded with deed dated June 24, 1955,to Robert G.Youn and recorded there with simultaneously to which plat reference is made for a more particular description thereof. 6 Virginia Beach Planning Commission July 10, 2024, Public Meeting Item # 2 & # 3 Thalia Plaza, LLC Recommendation: RECOMMENDED FOR APPROVAL Discussion Ms. Alcock: Yeah, agenda items #2 and #3 Thalia Plaza, LLC, a conditional rezoning request for a B2 community business district, and R-5 residential duplex district to conditional B-4 mixed use business district, and subdivision variance section 4AB of the subdivision regulations at 4317 Virginia Beach Boulevard, and 216 North Furr Avenue in District 4. Mr. Alcaraz: Can the applicant or representative come forward? Mr. Pachta: Thank you, Mr. Chairman, Madam Vice-Chair, and members of the Planning Commission. My name is Chris Pachta. I'm a land use and zoning attorney with Wolcott Rivers Gates here in Virginia Beach. It's my privilege to represent the applicant in this case, Thalia Plaza, LLC. I want to thank the planning staff, especially on this matter, because it's taken about two or three years of coordination with the city staff. They've done a remarkable job in coordinating with our architects and engineers, and my client to coordinate a plan to put forward and eventually recommend approval by the staff. So, I want to thank them. As was alluded,this is a conditional rezoning request, and a request for subdivision variance, and this property is located in between two SGA's, both Pembroke and Rosemont, and so to comply with comprehensive plan and the zoning ordinance, we've had to do quite a bit of research and coordination in that regard. We appreciate all the efforts. This is a mixed-use development that's being proposed. There's going to be a retail on the first floor of the building being proposed. On the second two floors, the second and third there will be residential, so four units per floor and then on top, a rooftop amenity space, as you'd see, in the concept plan. The parking space is being proposed exceed that which is required by the city, so 26 parking spaces, and in this area, because there's an emphasis, especially to on non-vehicular transportation there's also eight bicycle spaces. so that exceeds the five required by the ordinance. There's a building on the front of the property on the Virginia Beach Boulevard adjacent property, and then there's a single-family residence structure on the portion to the rear. That front structure has been a couple of different things over the last couple of decades. Most recently it was a Domino's Pizza and over the last couple of months when we've been engaging with the community, the Thalia Civic League has brought it to our attention, and there's been some graffiti there, which my clients have responded to rather quickly and promptly with the city and removed that. So, what they'll do is remove that building and the structure to the rear, and then propose to develop this mixed-use building. The property itself, it's two parcels adjacent to one another, and across the street on North Fir, there's a church just to the east adjacent to the site. There is a practice, a medical practice, and to the rear, there's a single-family residence. So, there's a bit of variety in terms of usage, in that corridor, in that area, some commercial, some residential, and then church. We've been coordinating for the last month and a half or so with the community, with the Thalia Civic League, which is across the street as well as the church across from North Fir the residences to the rear, and then also the practice to the east. So far, we've received no opposition from the church across the street, and in some cases, an indication from the pastor of support. We expect a formal letter in the near future. Then from the Thalia Civic League, there's been no formal mention or expression of opposition, and then the same goes for the practice to the east. To the rear there was a letter, an email sent from the owner of that property, indicating some concern or question about value of his property, and based on the concept plan, the current condition of the property, I think one could, could make the conclusion that it's most reasonable to expect property values, including his would increase. The concept plan was done in coordination with the city, as I mentioned, because of the location of this property, there's some more stringent requirements in terms of lot size and lot width and things, and so there's a request for a subdivision variance there. Then I also wanted to mention a couple of items that came up in the informal meeting earlier today that you wouldn't see in the staff report, but we wanted to remark on those nonetheless. The first one was about tree loss in the area. So, the city is making a concerted effort from observations in reports that I've read that. We're trying to preserve a tree canopy as a city, and so what this proposal will do is it will remove the four existing large canopy trees on site, replace them with four existing or proposed canopy trees of the same size, and then also add seven small trees. So not only will there not be a net loss in trees there'll be a net gain in tree coverage. The second item was. The active transportation plan, and so I just wanted to notify that planning commission that that will get sorted out and coordinated with the city during the site plan review process. I have my clients, the owners and operators of Thalia Plaza, LLC with me today, Patricia Mohammed Jami, and they're also happy to answer any questions, and to speak to the application. Again, thank you for the opportunity to be before you today, and we appreciate the staffs hard work on this project. Mr. Alcaraz: Alright, Mr. Pachta,just to make sure are there any speakers? There are none. Ms. Alcock: No, sir. Mr. Alcaraz: Alright. So, what I'm going to do is just ask for our commissioners to ask any questions if they have at this time. You can stay. Ms. Byler: Thank you, Attorney Pachta, and thank you, Mr and Mrs Jami. I appreciate very much your willingness to come in, and take a vacant building, and invest your efforts and your finances to something that really, I believe, is the face of that area in the future. So, I'm excited about this project. I was concerned about those two items you just noted, and as I understood it, during the informal session, there would in fact be a net loss of trees due to this development. So, I would just like to hear someone from city staff tell me that, in fact, we're picking up an extra four trees and we're not losing any. Ms. Alcock: Commissioner Byler, I'm not sure we have that information. We weren't sure what the net loss or gain was with tree canopy based on this conceptual plan. All we could say was that the concept plan meets the landscaping requirements for the proposal, but we weren't sure the net loss or gain. So, it sounds like Representative Pachta has cleared that up. Ms. Byler: Thank you. Mr. Alcaraz: Alright. Any other questions, Mr Anderson? Mr. Anderson: Thanks for coming up. It's a really nice project. I think it's going to help the area, but it's not a question, but it's a statement that you mentioned about the graffiti. Well, as of Friday yesterday, it's still there, so it does need to be cleaned up. Mr. Pachta: Commissioner Anderson, if I may, there have been two notices. I appreciate you reminding us of that. There have been two notices in the last month, I think in the first one we addressed promptly and removed it, and we've since been noticed, I believe it was last week. Mr. Anderson: Yeah, we were at our site visit. We talked about it, but I go by there every day, and just happen look over there on driving towards Town Center and say it. Mr. Pachta: I'm going to make two representations. One is that will be in coordination with the city on taking care of that. And two, I think that, that's also probably one of the other justifications for a proposed development like this to remove the opportunity for that. Thank you. Mr. Alcaraz: Any other questions? Mr. Mauch? Mr. Mauch: More of a statement. I just want to thank the applicants for, right now, you're all kind of in between two SGA's, and have kind of raised the bar for the area that's there by conforming to one of the SGA standards, which goes above and beyond what you have had to do, and having a real creative use of the space. So, thank you for that. Mr. Alcaraz: Alright. Any other questions? Mr Plumlee/ Mr. Plumlee: I just wanted to ask staff a couple of questions before we wrapped up the hearing. Is currently there is a proposal to modify this application between now and council, but the determination has been made by staff, and I just want on the records been determined to be of a minor nature and does not need to be incorporated into the motion for today. Is that accurate? I believe also that it was asked earlier whether there was any tree canopy requirement currently that was any part of an overlay on this particular property, and the answer was no. Is that accurate? Ms. Alcock: Correct. There's no canopy coverage requirement. The requirements are for parking lot coverage, street frontage, building, landscaping, and then the buffering requirements. So all of that is met with this plan. Mr. Plumlee: Thank you for clarifying that. All right. Any other questions for the applicant? Mr. Alcaraz: All right, sir. You can be seated. Thank you. At this time. I'm going to close this and ask for additional discussion or entertain a motion. Ms. Byler: I don't want to cut off any discussion. So y'all feel free to tell me it's not timely, but if there is no further discussion, I would like to make a motion that this application be approved. Mr. Alcaraz: I have a motion by Ms. Byler. Mr. Plumlee: I'll second the motion Ms. Byler, but I would like to discuss it briefly. Mr. Alcaraz: Yes. Go ahead, Mr. Plumlee. Mr. Plumlee: Thank you. I appreciate that. This is an excellent project, and we need excellent projects. I don't want folks that put all these plans together and this money behind it to be discouraged at all. I think this is what we need in this, this is one of the areas we needed in. As far as the tree canopy, I know there's some discussion of that, but I do want to be heard that if we're going to change the law of this city that we do it in a formal manner. If we're going to propose a no reduction of tree canopy, that we do it as a city, that our council approves of that,and that we not bring that upon individual applicants as an additional requirement to the approval. Otherwise, I would consider it to be an arbitrary decision that if it's not the law, that we're placing upon the applicant some additional burden that isn't part of the law. Fortunately, that is not true on this application, but I wanted to clarify because it could become an issue. If we're going to do it, then it would be this broad policy discussion. We'd pass it along as a recommendation, which I'm not necessarily opposed to and we pass it to the city council. It would be considered. and then we'd make it the law. So people making applications would be on notice that was the requirement. So I just wanted to be heard on that. Mr. Alcaraz: Alright. Thank you. Anybody else? All right. I'll close. We do have a motion by Ms. Byler and seconded by Mr. Plumlee. Ms. Alcock: The vote is now open. By a vote of 10-0 agenda items #2 and #3 have been recommended for approval. Mr. Alcaraz: All right. thank you. Next item? Vote Tall AYE 10 NAY 0 ABS 0 ABSENT 1 Alcaraz AYE Anderson AYE B ler AYE Cromwell X Coston AYE Cuellar AYE Estaris AYE Hi en AYE Mauch AYE Parks AYE Plumlee AYE PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement(CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. Proffer 1: When the Property is developed, the entrance, streets, landscaping, and fencing shall be substantially in accordance with the "CONCEPTUAL SITE LAYOUT PLAN OF THALIA PLAZA, VIRGINIA BEACH, VIRGINIA", dated 021o�T 07/12/2024, prepared by Orbis Landscape Architecture, which has been exhibited to the Virginia Beach City Council, is on file with the Virginia Beach Department of Planning ("Concept Plan"), and is incorporated herein by reference. Proffer 2: When the Property is developed, the building shall be substantially in accordance with the exhibit dated 02/28/2024, prepared by reich design associates p.l.c., which has been exhibited to the Virginia Beach City Council, is on file with the Virginia Beach Department of Planning ("Building and Elevations"), and is incorporated herein by reference. Proffer 3: There will be no more than one (1) enclosed building as depicted on the Concept Plan. Proffer 4: When the Property is developed, all outdoor lighting will be shielded to direct light and glare onto the premises, said lighting and glare will be deflected, shaded, and focused away from all adjoining property. Any outdoor lighting will not be erected any higher than fourteen (14) feet. Proffer 5: When the Property is developed, the rear yard of the Property will utilize a 15' Category IV landscaping buffer and the eastern border of the Property will utilize a 10' Category I landscaping buffer. Proffer 6: When the Property is developed, the facility will include the number of parking spaces depicted on the Concept Plan. Proffer 7: When the Property is developed, all signage will adhere to the requirements of the Zoning Ordinance, unless a variance is approved by the City of Virginia Beach Board of Zoning Appeals. Proffer 8: When the Property is developed, a dumpster enclosure will be located in the southeastern corner of the parking lot; the materials of the dumpster enclosure will be CMU block construction; the color of the dumpster enclosure will match the color of the proposed building; and the dumpster enclosure will be surrounding by the required landscaping plantings, as depicted on the Concept Plan. Proffer 9: Further conditions may be required by the Grantee during the detailed review of the concept Plan and Buildings and Elevations and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. Staff Comments: Staff has reviewed the Proffers listed above and finds them acceptable. The City Attorney's Office has reviewed the agreement and found it to be legally sufficient and in acceptable legal form. CONDITIONS 1. The applicant/owner shall submit a subdivision plat to the City of Virginia Beach, subject to the review and approval of the Department of Planning & Community Development prior to the recordation, which shall be in substantial conformance to the submitted exhibit entitled "CONCEPTUAL SITE LAYOUT PLAN OF THALIA PLAZA, VIRGINIA BEACH, VIRGINIA", prepared by Orbis Landscape Architecture, dated MaFGh 13, 2 July 12, 2024, a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning & Community Development. 2. The interior property lines shall be vacated. 3. As depicted on the proffered conceptual site plan, the property lines at the street intersection of Virginia Beach Boulevard and N. Fir Avenue shall be rounded with a minimum radius of twenty (20) feet. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. From: Marchelle L.Coleman To: Marchelle L.Coleman Subject: FW: Letter received! Date: Wednesday,July 3,2024 2:06:02 PM -----Original Message----- From:Curtis White<curtwhite@verizon.net> Sent:Wednesday,July 3,2024 12:36 PM To:Marchelle L.Coleman<MColeman@vbgov.com> Subject:Re:Letter received! 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. Yes! Consider this email a vote for opposition.I have concerns as to what this rezoning would do to my property. Decrease value,increase value....etc. Thank you! Curt White 757-477-4241 curtwhite@verizon.net Va Beach Adaptive Water Sports Board of Directors CONCEPTIUAL SITE LAYOUT PLAN OF TH A L I A F L A Z A VIRGBIIA BEACH BOULEVARD FOLWAT10N LAND56APE Ku�rm[naw-IJ,-ror,a-ror.C-sx Rb-a¢v[n ar VIROINIA BEACH, VIROINIA R164T-OF-NAY TAKE Sipe Data 10'RADIUS Site Neu: :0.44nc •- ___ - : CPIN: 1477-85.7194 - - - ---- 1477A5-7096 Ddatlng Zoning: &2 8 R-SD Proposed Zoning: &4 O -,/rsan mr J swzro brisling Use: Commerical se. Resldendal Proposed Use: Mixed-else armr a . Ik as/xR x na _o S8<84A:III Proposed BuIlding Size: Retail:d:2,500 sf - Apartrnent B 111 ROOF DECK AMENITY SPALE Proposed Setbacks: Front 10' 10' uv.^ Side at R/W 5' BIILDIN6 OVBtNAN6 5- 105' ®ya Skde: 10'Landscape Buffer ABOVE PAPKM6 Rear: 15'Landscape Buffer -,,y. n PROP05M Lot Coverage FOUR-5TORY aaa m r Max.La Coverage: 75% $ BUILDING tot Coverage Provided: 69.3% 1, 5TREET FRONTAGE LAWN—APE � swr2.w Aerwr JS A�6�W4R b(b M Raid(1 rPaoq/230.0 ❑ f Pal�1��'RC rrr� n Apwft. 6 2(2 aP.-IUnM 16s- Tomil Pelting Requl 26 Spate PMKIN6 Parking PmvMed: 26 spoor Il:,. - lieJ•' Sky ie Parkf a Redulmd: S Spaces t.I 7 r2 r .+..' MAIL BOX KIOr.:K Ncycle Parking Provided: B Spaces W�, d �ILOT LANOPY N N Z� aril in Square Footage Schedule ' c�o Rnt Level: 3,144 SF ..r N_--_ $ .+ (Retafl:t2,500 SF) µ A��=p ar a xx.un smar (Lobby*644 SF) Second Level: 5,460 SF SIQOMATER VPJILT (4 Apartment Unity) naa m[.rRl ''° g' ivr rn 's m 7W Level: 5,460 SF (4 Apartment Units) ,y fI II • - Fourth Level: 1,711 SF —AC CpIPAC , Mech Ina m WN Hta vl Roo / / ISIIIgI9jil/n ,� Td- g ✓ v ,.- TOM Am 15,775 SF / ry1I� N WAREST FM brd 6]rd level Balconies: 2805E / j-- SIDBVnN. TOM Am Under Roof: 16,055 SIF Rod Deck Arnerrity Specs: 683 SF cwvcT co+roACT covvnn cOr 1 I X M IS'LAT IV 81.1- R SM ARC 41TEGTURE FLANS FOR BUILDING DETAILS PARKING LOT LIGHT(TYP) -- B' 8. g. g. - e / lim ,- IS'CAT IV BUFFER B '° I �i�Pa TM.= / raa ; s 1 INCH—10 FT °'P�r nrnear� yr rcrma DATE: 2024.07.12 LON t B'S CE R A PT DN41NEf ARE 6 ,11 IN NATURE AND ARE INTENDMI ONLY TO ILLUSTRATE V V 7/E DEVELOPMENTULD POTENTIAL FOR A FROPERTY;THEY SHO NOT BE RELIED UPON AS n w c N n T sE c I u R e 7}E 50LE BASIS FOR ANY FINANCIAL OR LEGALLY BINDING TRANSACTION. -`-... R7. R7 5� R7.5 i R7.5 0 R40 IDrI"Je Coxor3 day rle oA n yo R7.5 �o R20 �'q► P►��ey R40 R`7.5 R20 V N Site Holly Road, LLC W E Property Polygons 300 Bay Colony Drive S Zoning and the adjoining western parcel Building Feet 0 1530 60 90 120 150 180 �u ,p '1!�!!!ggg� Z N s� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Ordinance Approving Application of Holly Road, LLC for the Closure of a Portion of an Unnamed, Unimproved 15' Lane and an Unimproved Portion of Holly Road Adjacent to 300 Bay Colony Drive MEETING DATE: August 20, 2024 (DEFERRED: July 9, 2024) ■ Background: Holly Road, LLC, a Virginia limited liability company (the "Applicant"), requested the closure of approximately 905 square feet of the southern half of an unnamed, unimproved 15' lane and approximately 3,312 square feet of the western half of an unimproved portion of Holly Road (collectively, the "Right-of-Way"), located to the rear of and adjacent to its two parcels at 300 Bay Colony Drive (GPINs: 2418-77- 9689 and 2418-87-0679) for the purpose of incorporating the closed areas into its parcels. ■ Considerations: The street closure request is consistent with the City Council's policy aimed at disposing of unimproved rights-of-way to adjoining property owners. The Viewers determined that the closure of the Right-of-way, with conditions set forth below, will not result in any public inconvenience. There was no opposition to the request. ■ Recommendation: On June 12, 2024, the Planning Commission passed a motion to recommend this item on the Consent Agenda, passing a motion by a recorded vote of 10-0-1, to recommend approval of this request, subject to the following conditions: 1. The City Attorney's Office shall make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City of Virginia Beach shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Planning Department. 2. The Applicant shall resubdivide the property and vacate internal lot lines to incorporate the Right-of-Way into the adjoining lots. The resubdivision plat must be submitted and approved for recordation prior to the final street closure approval. Said plat must include the dedication to the City of Virginia Beach of a public utility and access easement over the closed portions of the Right-of- Holly Road, LLC Page 2 of 2 Way for access to and maintenance of the public infrastructure located within or to be located within the alley, which easement is subject to approval of the Department of Public Utilities and the City Attorney's Office, respectively, and which easement shall include a right of reasonable ingress and egress. 3. The Applicant shall verify that no private utilities exist within the Right-of-Way proposed for the closures. If private utilities do exist, easements satisfactory to the utility company must be provided and shall be recorded after the final resubdivision plat is recorded with the Clerk of Circuit Court. 4. Prior to finalization of the street closure, if any improvements are to remain or be constructed in the Right-of-Way proposed for closure, the Applicant must apply for an encroachment into the public utility and access easement. 5. Closure of the Right-of-Way shall be contingent upon compliance with the above stated conditions within 365 days of the approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved for recordation within one year of the City Council vote to close the Right-of- Way, this approval shall be considered null and void. ■ Attachments: Ordinance Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. ;-- Submitting Department/Agency: Planning Department City Manager: �/ 1 ORDINANCE APPROVING APPLICATION OF HOLLY 2 ROAD, LLC FOR THE CLOSURE OF A PORTION OF 3 AN UNNAMED, UNIMPROVED 15' LANE AND AN 4 UNIMPROVED PORTION OF HOLLY ROAD 5 ADJACENT TO 300 BAY COLONY DRIVE 6 7 WHEREAS, Holly Road, LLC, a Virginia limited liability company (the "Applicant") 8 applied to the Council of the City of Virginia Beach, Virginia, to have the hereinafter 9 described unimproved rights-of-way discontinued, closed, and vacated; and 10 11 WHEREAS, it is the judgment of the Council that said unimproved rights-of-way 12 be discontinued, closed, and vacated, subject to certain conditions having been met on 13 or before one (1) year from City Council's adoption of this Ordinance. 14 15 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 16 Beach, Virginia: 17 18 SECTION 1 19 20 That the hereinafter described unimproved portions of rights-of-way (collectively, the 21 "Right-of-Way") be discontinued, closed and vacated, subject to certain conditions being 22 met on or before one (1) year from City Council's adoption of this ordinance: 23 24 ALL THAT certain piece or parcel of land situate, lying and being 25 in the City of Virginia Beach, Virginia, designated and described as 26 "AREA OF PROPOSED STREET CLOSURE (905 SQ. FT. OR 27 0.021 ACRES)" and (AREA OF PROPOSED STREET CLOSURE 28 (3,321 SQ. FT. OR 0.076 ACRES)", shown as the cross-hatched 29 areas on that certain exhibit plat entitled: "STREET CLOSURE 30 EXHIBIT OF A 25' X 132.5' PORTION OF HOLLY ROAD AND A 31 7.5' X 118.38' PORTION OF AN UNNAMED 15' LANE 32 ADJACENT TO LOTS 127-A & 128-A THE HOLLIES (M.B. 6, PG. 33 107) ( M.B. 285, PG. 18) VIRGINIA BEACH, VIRGINIA", Scale: 34 1"=40', dated January 3, 2024, prepared by WPL, a copy of which 35 is attached hereto as Exhibit A. 36 37 SECTION 11 38 39 The following conditions must be met on or before one (1) year from City Council's 40 adoption of this ordinance: 41 42 1. The City Attorney's Office shall make the final determination regarding 43 ownership of the underlying fee. The purchase price to be paid to the City of Virginia 44 Beach shall be determined according to the "Policy Regarding Purchase of City's 45 46 NO GPIN (Right-of-Way) 47 Adjacent GPINs: 2418-87-0679 and 2416-77-9689 48 49 Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the 50 policy are available in the Planning Department. 51 52 2. The Applicant shall resubdivide the property and vacate internal lot lines to 53 incorporate the Right-of-Way into the adjoining lots. The resubdivision plat must be 54 submitted and approved for recordation prior to the final street closure approval. Said 55 plat must include the dedication to the City of Virginia Beach of a public utility and 56 access easement over the closed portions of the Right-of-Way for access to and 57 maintenance of the public infrastructure located within or to be located within the alley, 58 which easement is subject to approval of the Department of Public Utilities and City 59 Attorney's Office, respectively, and which easement shall include a right of reasonable 60 ingress and egress. 61 62 3. The Applicant shall verify that no private utilities exist within the Right-of- 63 Way proposed for the closures. If private utilities do exist, easements satisfactory to the 64 utility company must be provided and shall be recorded after the final resubdivision plat 65 is recorded with the Clerk of Circuit Court. 66 67 4. Prior to finalization of the street closure, if any improvements are to remain 68 or be constructed in the Right-of-Way proposed for closure, the Applicant must apply for 69 an encroachment into the public utility and access easement. 70 71 5. Closure of the Right-of-Way shall be contingent upon compliance with the 72 above stated conditions within 365 days of the approval by City Council. If the 73 conditions noted above are not accomplished and the final plat is not approved for 74 recordation within one year of the City Council vote to close the Right-of-Way, this 75 approval shall be considered null and void. 76 77 SECTION III 78 79 1. If the preceding conditions are not fulfilled on or before August 19, 2025, 80 this Ordinance will be deemed null and void without further action by the City Council. 81 82 2. If all conditions are met on or before August 19, 2025, the date of final 83 closure is the date the street closure ordinance is recorded by the City Attorney. 84 85 3. In the event the City of Virginia Beach has any interest in the underlying 86 fee, the City Manager or his designee is authorized to execute whatever documents, if 87 any, that may be requested to convey such interest, provided said documents are 88 approved by the City Attorney's Office. 89 90 SECTION IV 91 92 A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit 93 Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF 94 VIRGINIA BEACH as "Grantor" and HOLLY ROAD. LLC, as "Grantee." 95 Adopted by the Council of the City of Virginia Beach, Virginia, on this day 96 of ) 2024. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Planning Department City Attorney CA16433 \\vbgov.com\dfs 1\a ppl icatio ns\city1aw\cycom32\wpd ocs\d024\p043\00974445.doc R-2 July 30, 2024 Applicant Holly Road, LLC Agenda Item Planning Commission Public1 CouncilCity 9 Virginia Beach Request Street Closure Staff Recommendation uT113:, +T Approval Staff Planner Marchelle Coleman I m Adjacent Address 300 Bay Colony Drive and the adjoining western ` parcel 5 GPINs A6145TH S.T P 2418779689, 2418870679 0" Site Size p 4,217 square feet AICUZ °'o R ' 65-70 dB DNL;Sub-Area 3 Watershed Chesapeake Bay Existing Land Use and Zoning District Unimproved right-of-way Surrounding Land Uses and Zoning Districts ' North Undeveloped lots/R-7.5 Residential South , Bay Colony Drive, Holly Road East Single-family dwelling/R-7.5 Residential ,,, F' ; West Undeveloped lot/R-7.5 Residential Holly Road, LLC Agenda Item 9 Page 1 Background Summaryof Proposal • The applicant is requesting to close the western half of a 15-foot unimproved lane,equating to 905 square feet and the western half of an unimproved portion of Holly Road adjacent to 300 Bay Colony Drive,equating to 3,312 square feet.The total area to be closed is approximately 4,217 square feet.The applicant is seeking to incorporate these portions of the closed rights-of-way into their adjoining lots. • The applicant is seeking to incorporate the closed areas into their adjoining lots as an investment in their properties for the future and has no current plans to redevelop or otherwise improve either Lot 127A or Lot 128A. f� R S R7. R7.3 Zoning History R40 # Request 1 STC Approved 12/01/2015 2 STC Approved 03/23/1999 R7 R20 R Application Types CUP-Conditional Use Permit MDC-ModificationofConditions STC-Street Closure SVR-Subdivision Variance REZ-Rezoning MDP-ModificationofProffers FVR-FloodplainVariance LUP-Land Use Plan CRZ-ConditionalRezoning NON-Nonconforming Use ALT-Alternative Compliance STR-Short Term Rental EvaluationRecommendation A Viewers' Meeting was held on April 25,2024,that included City Staff from the Departments of Public Works, Public Utilities, Planning and Community Development, and the Office of the City Attorney,to consider this application.The Viewers determined that the proposed closure,with the required easements to the City,will not result in any public inconvenience;therefore,closure of these portions of the rights-of-way is deemed acceptable. As noted in Condition 2, a public utility and access easement will need to be retained over the total area proposed be closed for the existing public gravity sanitary sewer main in the 15-foot-wide lane. Although there are no public utilities directly present in the portion of Holly Road proposed for closure,the easement is necessary over this area for access to and workspace for the sewer main in the alley.The applicant is agreeable to this condition. Condition 4 has also been added to indicate that no encroachment of private property should be made into the public utility and access easement without City approval. Based on these considerations, Staff recommends approval of the proposed Street Closure subject to the conditions listed below. Holly Road, LLC Agenda Item 9 Page 2 Recommended Conditions 1. The City Attorney's Office shall make the final determination regarding ownership of the underlying fee.The purchase price to be paid to the City of Virginia Beach shall be determined according to the"Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council.Copies of the policy are available in the Planning Department. 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed areas into the adjoining lots.The resubdivision plat must be submitted and approved for recordation prior to the final street closure approval. Said plat must include the dedication to the City of Virginia Beach of a public utility and access easement over the closed portions of the rights-of-way for access to and maintenance of the public infrastructure located within or to be located within the alley,which easement is subject to approval of the Department of Public Utilities and City Attorney's Office, respectively,and which easement shall include a right of reasonable ingress and egress. 3. The applicant shall verify that no private utilities exist within the right-of-way proposed for the closures. If private utilities do exist,easements satisfactory to the utility company, must be provided and shall be recorded after the final resubdivision plat is recorded with the Clerk of Circuit Court. 4. Prior to finalization of the street closure, if any improvements are to remain or be constructed in the area proposed for closure,the applicant must apply for an encroachment into the public utility and access easement. 5. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of the approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved for recordation within one year of the City Council vote to close the right-of-way this approval shall be considered null and void. 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 these sites as being in the Suburban Area,Suburban Focus Area (SFA) 7- North Beach Area.The North Beach area is characterized by a relatively high density of single-family/duplex housing, high impervious surface coverage and problematic topographic conditions, all of which combine to create recurring stormwater drainage problems. Recommendations for North Beach include parcel consolidation, density stabilization, and the use of the Best Management Practices (BMPs)for stormwater control.The land acquired through the street closure agreement would support this recommendation for the North End. Holly Road, LLC Agenda Item 9 Page 3 Natural & Cultural Resources • The site is located in the Chesapeake Bay watershed.There does not appear to be significant natural or cultural resources associated with the site. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on May 13,2024. • As required by State Code,this item was advertised in the Virginian-Pilot on Wednesdays, May 29, 2024 and June 5, 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 May 24, 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 June 6,2024. City Council • As required by City Code,this item was advertised in the Virginian-Pilot on Tuesdays,June 25,2024 and July 2, 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 June 24, 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 July 5,2024. Holly Road, LLC Agenda Item 9 Page 4 ClosureStreet • NOTES: 1. THIS EXHIBIT IS INTENDED TO SHOW THE AREA DF e PROPOSED RIGHT-OF-WAY CLOSURE AND INDEPENDENT OF THE ASSOCIATED RECORD DOCUMENT(S) IS NOT INTENDED FOR ANY OTHER THAN GENERAL REFERENCE. 2. A TITLE REPORT HIS NOT BEEN PROVIDED FOR THIS ►''PROPERTY. �VARIABLE WIDTH PUBLIC DRAINAGE k UTILITY EASEMENT I (M.B. 285, PG. 18-19) LOT 1152-a1 I GPIN; LIT 151-A I LOT 150 I LOT 140A ( LOT 148A 2418-77-8789 I GRW 2418-77-9B.T1 I GRN:2418-77-9880 ( GI N:2418-87-OW I MN: 2418-87-1815 N 7477'47'E 47.0 ' 7.'50' N 7427047'E 147.94' W LAW S I670'/J'E N 74 747'C. 4 PC I07J l7.Sf' aB.� JLL00 AREA OF PAgpI0l53'n �► (96LS 5101 LANE:OR K8K 0 a021 AOFES) w Q 1 rX h LOT f28 A LOT f27 A € IV Y- GFft a•ro-n-ses 2418-87-OOMLOT A GPIN: 2418-77-8694 2 iwj J N AWF OF y J 57REET CL Q (XJ12$Q FT OR 007a Acws) Al 1000' L-42.J4' J 0?' \ 50.00' � S 747 47 w aa06 EX VARIABLE M10TH PRNATE NGRESSAMESS EASEMENT (N.B.285,PG. 19) SA Y COLONY DRIVE (70 B io7j c) SCALE: 1'=40' SHEET 1 OF 2 STRUT CLOSM ZKMw JANUARY 3, 2024 or A 25' Y 192.5' PORTION OF HOLLY ROAD AND A 7.6' % 118.38' PORTION OF AN UNNAMED 16' LANE ADJACENT TO LOTS 127-A k 128-A THE HOLLIKS (M.B. 8, PG. 107) (M.B. 285, PG. 18) 767A31.1041 VIRGINIA HBAI'`$� VIRGINA [WWAL 11�M M991 M 13@ C/tD ahic HKI[/e CITY OF V=IW1A BEACH. VA PLAT:B-691 JN:223-0380 Holly Road, LLC Agenda Item 9 Page 5 ClosureStreet • LOT# OWNER(S) — N/F GPIN REFERENCE(S) LOT 126 MAYBEE, JAMES A. do 2418-87-1755 M.B. 6, PG. 107 MAYBEE, CYNTHIA A. D.B. 4104, PG. 1975 127—A HOLLY ROAD, LLC 2418-87-0679 M.B. 285, PG 18-19 D.B. 3829. PG. 657 128—A HOLLY ROAD, LLC 2418-77-9689 M.B. 285, PG 18-19 D.B. 4311. PG. 386 148 A SIEGEL, JACK L. do 2418-87-1815 IN. 20161110001021810 BERTINI, USA A. IN. 200305290083214 149 A WHO' MATTHEW & 2418-87-0843 IN. 20161110001021810 WHITE. VALERIE IN. 202303013507 LOT 150 BEACH CUSTOM HOMES, LLC 2418-77-9880 M.B. 6, PG 107 IN. 202303025121 LOT 151—A BEACH CUSTOM HOMES, LLC 2418-77-9831 M.B. 285, PG 18-19 IN. 202303025125 LOT 152—A DAVID, JOHN A. do 2418-77-8789 M.B. 285, PG 18-19 DAVID JULIA G. IN. 20100824000874330 A KENNETH J. ORTIZ do 2418-77-8694 M.B. 87, PG 41 SARAH A. ORTIZ LIVING TRUST IN. 20130318000310510 Off+` RIC ARNER Lia. 2904 OSIO112024 SURvt SCALE: NTS SHEET 2 OF 2 S'IHM CLfl� ) KR= JANUARY 3, 2024 A 25' Z 192.5' PORTION OF HOLLY ROAD AND A 7.5' % 118.38' PORTION OF AN UNNAMED 15' LANE ADJACENT TO LOTS 127—A & 128—A THE ROLL= (N.B.B, PG. 107) (M.B. 285, PG. 18) 01 174MA, VMGDFU RBLCH. VIRGMA CID a101s CITY OF VMGINIA BEACB, VA PLAT:B-091 JN:223-0380 Holly Road, LLC Agenda Item 9 Page 6 Site Photos Al r , r r 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 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 Holly Road,LLC,a Virginia limited liability company 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) Managers:George R.C.McGuire,Jr.&Sarah M.Whitmore • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) "Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. '"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 11 Holly Road, LLC Agenda Item 9 Page 8 Disclosure Disclosure Statement Coy u,`�'iryLno H,.h Planning&Community Development Known Interest by Public Official or Employee Does an official or employee of the city of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes ®No • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralixation,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. 2 ! Holly Road, LLC Agenda Item 9 Page 9 Disclosure Disclosure Statement ....,;.tkrh Planning<< Community Dcvclopment 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?❑Yes ®NO • If yes,identify the company and individual providing the service. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?®Yes ❑NO • If yes,identify the firm and individual providing the service. Eric Garner,WPL 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?0 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. Holly Road,LLC By: �L I---- Applicant Signature George R.C.McGuire,Jr.,Manager Print Name and Title 0-1 Date -- - ._ Is the applicant also the owner of the subject property? ®Yes E No • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the ® No changes as or applications oat° 1 7/30/2024 Signature r� Print Namc Marchelle L. Coleman 31 Holly Road, LLC Agenda Item 9 Page 10 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-5692. • 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. Holly Road, LLC Agenda Item 9 Page 11 Virginia Beach Planning Commission June 12, 2024, Public Meeting Agenda Item # 9 Holly Road RECOMMENDED FOR APPROVAL - CONSENT Ms. Cuellar: Thank you very much. The next item is Item #9, Holly Road, LLC. Mr. Bourdon: The five conditions as recommended by staff are acceptable to the applicant, and we appreciate being on the consent agenda. 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 Byler to read this into the record. Ms. Byler: This is for the parcel at 300 Bay Colony Drive, an adjoining western parcel. It is zoned residential, undeveloped. This is the closing of the end of a road, and City Attorney's Office shall make the final determination regarding the ownership and the underlying fee. There is no opposition, and the conditions apparently are acceptable. Ms. Cuellar: Thank you very much. Are there any abstentions on this item? Mr. Plumlee: Brian Plumlee, I'm abstaining on this matter. Ms. Cuellar: And we have a record on file. Thank you very much. A letter. Okay. Our next item, Item #10, Earthscapes Enterprises. Ms. Cuellar: Thank you very much. Mr. Chairman, that is our last item on the consent agenda. The Planning Commission places the following applications on the consent agenda. Items #1 , 4, 5, 7, 8, 9, 10, 11, 13, 14, 15, and 16. Mr. Alcaraz: All right, thank you. Do I have a motion to approve the consent as read by the Vice Chair? Ms. Cuellar: I move that these items be approved by consent. Mr. Alcaraz: Do I have a second? Second by Mr. Anderson, and we make note that we do have an abstention in number 9 by Commissioner Plumlee. Clerk: Vote is open. By a vote of 11 : 0, agenda items number 1, 4, 5, 7, 8, 9, with one abstention from Commissioner Plumlee, 10, 11, 13, 14, 15, and 16 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 ABS A�12 �R1=0 � R10 R10 n 0 R1-0 N ® Site Property Polygons William F. Daddio & Jean A. Gentry w E Zoning 817 Vanderbilt Avenue S Building Feet 0 1530 60 90 120 150 180 ra y� a CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Ordinance Approving Application of William F. Daddio and Jean A. Gentry for the Closure of One-half of an Unnamed, Unimproved Alley Adjacent to the Rear of 817 Vanderbilt Avenue in Croatan MEETING DATE: August 20, 2024 ■ Background: William F. Daddio and Jean A. Gentry requested the closure of approximately 375 square feet of an unnamed, unimproved alley (the "Right-of-Way") adjacent to the rear of their property located at 817 Vanderbilt Avenue (GPIN: 2426-37-6770), for the purpose of incorporating the closed area into their adjoining property. On August 5, 2024, staff was notified that William F. Daddio died on July 13, 2024 and that Jean A. Gentry (the "Applicant")desired to proceed with the street closure. ■ Considerations: This street closure request is consistent with City Council's policy aimed at disposing of unimproved rights-of-way to adjoining property owners in the Croatan community. Other street closure requests similar to this request have been approved within the Croatan neighborhood. The Viewers determined that the closure of the Right-of-Way, with conditions set forth below, will not result in a public inconvenience. There is no known opposition to this request. ■ Recommendation: On July 10, 2024, after an advertised public hearing, the Planning Commission passed a motion by a recorded vote of 10-0 to recommend approval of this request, with the following conditions, except Condition 1 has been modified to include the specific purchase price: 1. The City Attorney's Office shall make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Planning Department. It has been determined William F. Daddio & Jean A. Gentry Page 2 of 2 that the purchase price to be paid to the City shall be $3,000, which is consistent with similar street closures in this area. 2. The Applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining lot. The resubdivision plat must be submitted and approved for recordation prior to the final street closure approval. Said plat shall include the dedication of a public drainage easement over the Right-of-Way to the City of Virginia Beach, subject to the approval of the Department of Public Works, and the City Attorney's Office, which easement shall include a right of reasonable ingress and egress. 3. The Applicant shall verify that no private utilities exist within the Right-of-Way proposed for the closure. If private utilities do exist, easements satisfactory to the utility company, must be provided. 4. Closure of the Right-of-Way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved for recordation within one year of the City Council vote to close the right-of-way this approval shall be considered null and void. ■ Attachments: Ordinance (w/ Exhibit A) Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Letter of Support (1) Location Map Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager r'' 1 ORDINANCE APPROVING APPLICATION OF 2 WILLIAM F. DADDIO AND JEAN A. GENTRY FOR 3 THE CLOSURE OF ONE-HALF OF AN UNNAMED, 4 UNIMPROVED ALLEY ADJACENT TO THE REAR 5 OF 817 VANDERBILT AVENUE IN CROATAN 6 7 WHEREAS, William F. Daddio and Jean A. Gentry applied to the Council of the 8 City of Virginia Beach, Virginia, to have the hereinafter described portion of an 9 unnamed, unimproved right-of-way discontinued, closed, and vacated; 10 11 WHEREAS, William F. Daddio died on July 13, 2024; 12 13 WHEREAS, Jean A. Gentry (the "Applicant") desires to proceed with the street 14 closure; and 15 16 WHEREAS, it is the judgment of the Council that said portion of right-of-way be 17 discontinued, closed, and vacated, subject to certain conditions having been met on or 18 before one (1) year from City Council's adoption of this Ordinance. 19 20 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 21 Beach, Virginia: 22 23 SECTION 1 24 25 That the hereinafter described portion of unnamed, unimproved right-of-way (the 26 "Right-of-Way") be discontinued, closed and vacated, subject to certain conditions being 27 met on or before one (1) year from City Council's adoption of this ordinance: 28 29 ALL THAT certain piece or parcel of land situate, lying and 30 being in the City of Virginia Beach, Virginia, designated and 31 described as "AREA OF PROPOSED STREET CLOSURE 32 (375 SQ. FT. OR 0.009 ACRES)" and shown as the cross- 33 hatched area on that certain street closure exhibit entitled: 34 "STREET CLOSURE EXHIBIT OF THE EASTERN 7.5 35 FEET OF 15' ALLEY (A PUBLIC R/W) LOT 16; BLOCK 13 36 CROATAN BEACH (M.B. 24, PG. 37) VIRGINIA BEACH, 37 VIRGINIA", dated April 25, 2024, prepared by WPL, a copy 38 of which is attached hereto as Exhibit A. 39 40 SECTION II 41 42 The following conditions must be met on or before one (1) year from City 43 Council's adoption of this ordinance: 44 45 No GPIN assigned (City Right-of-Way) 46 Adjacent to GPIN: 2426-37-6770 47 1 . The City Attorney's Office will make the final determination regarding 48 ownership of the underlying fee. The purchase price to be paid to the City of Virginia 49 Beach shall be determined according to the "Policy Regarding Purchase of City's 50 Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the 51 policy are available in the Planning Department. It has been determined that the 52 purchase price to be paid to the City shall be $3,000, which is consistent with similar 53 street closures in this area. 54 55 2. The Applicant shall resubdivide the property and vacate internal lot lines to 56 incorporate the closed area into the adjoining lot. The resubdivision plat must be 57 submitted and approved for recordation prior to the final street closure approval. Said 58 plat shall include the dedication of a public drainage easement over the Right-of-Way to 59 the City of Virginia Beach, subject to the approval of the Department of Public Works, 60 and the City Attorney's Office, which easement shall include a right of reasonable 61 ingress and egress. 62 63 3. The Applicant shall verify that no private utilities exist within the Right-of- 64 Way proposed for closure. If private utilities do exist, easements satisfactory to the utility 65 company shall be provided. 66 67 4. Closure of the Right-of-Way shall be contingent upon compliance with the 68 above stated conditions within 365 days of approval by City Council. If the conditions 69 noted above are not fulfilled and the final plat is not approved for recordation within one 70 year of the City Council vote to close the Right-of-Way, this approval shall be 71 considered null and void. 72 73 SECTION III 74 75 1. If the preceding conditions are not fulfilled on or before August 19, 2025, 76 this Ordinance will be deemed null and void without further action by the City Council. 77 78 2. If all conditions are met on or before August 19, 2025, the date of final 79 closure is the date the street closure ordinance is recorded by the City Attorney. 80 81 3. In the event the City of Virginia Beach has any interest in the underlying 82 fee, the City Manager or his designee is authorized to execute whatever documents, if 83 any, that may be requested to convey such interest, provided said documents are 84 approved by the City Attorney's Office. 85 86 SECTION IV 87 88 A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit 89 Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF 90 VIRGINIA BEACH (as "Grantor") and JEAN A. GENTRY (as "Grantee"). 91 Adopted by the Council of the City of Virginia Beach, Virginia, on this day 92 of . 2024. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Planning Department City Attorney CA 16424 \\vbgov.com\dfs 1\applications\citylaw\cycom32\wpdocs\d025\p045\00981896.doc R-1 August 5, 2024 EXHIBIT A LOT 5 LOT 6 I LOT 7 (M.B. 24, PG. 37) (M.B. 24, PG. 37) I (M.B. 2725, PG. 1002) GPIN: 2426-37-5653 GPIN: 2426-37-5638 GPIN: 2426-37-5723 72' VINYL FENCE 48' WOOD FENCE 72" WOOD FENCE 15" ALLEY N 04'14'15" If 50' (M.B. 24, PG. 37) (UNIMPROVED) h h �C1 . :N 0414'15" W 50 1 7.5' PUBLIC DRAINAGE EASEMENT GRAVEL/ (I.N. 20070712000939220) ('d1. 0 ft Q S WALKWAY AREA OF LOT 16 PROPOSED STREET J ^ CLOSURE o N (375 SO. FT. OR N/F 0.009 ACRES) N/F WI-LAM F DADDIO & MAUREEN R. KENNY JEAN A GENTRY (D.B. 3473, PG. 812) (I.N. 200404080055463) BLOCK LOT 15 (M.B. 24, PG. 37) q(M.B. 24, PG. 37) GPIN: 2426-37-6770 13S GPIN: 2426-37-6655 N/F ROBERT E CALANDRA do TH op ,'� SIGRID N CALANDRA Yj .r (I.N. 20200617000518970) LOT 17 A (I.N. 20070712000939220) IC . ARNER►-+ h GPIN: 2426-37-6725 Lic. o. 2904 0412512024 SURAORYLAAoo AkENW -- NOTES: S 04.14'15" E 50' 1 No 1. THIS TO SHOW THE AREA OF D(HIBIT PROIPOSED R�—OF—WAY CLOSURE VANDERB/L T A VENUE AND INDEPENDENT OF THE ASSOCIATED (80' RIW)(M.B. 24, PG 37) RECORD DOCUMENT(S) AND IS NOT INTENDED (FORMERLY PACIFIC AVENUE) FOR ANY OTHER THAN GENERAL REFERENCE. 2. A TITLE REPORT HAS NOT BEEN PROVIDED FOR THIS PROPERTY. STREET CLOSURE EXHIBIT OF 1551 ALIZY {A ME EASTERN PUBLIPC ET LOT 16• BLOCS 13 CROATAN BEACH Landscape Architecture (M.B. 24. PG. 37) Land Surveying 757 , VIRGMIA BEACH VIRGINIA CIA Engineering wplsite.coite.co m R SHEET 1 OF 1 242 VIRGIMU` ,A H', VIRGINIA 25452 SCALE: 1'=20' APRIL 25, 2024 CAD/chic MRB/eag C1TY OF VMGUGA BEACH. VA I F.B.1074 PG.74 PLAT:C-84 JN:224-0059 Applicants William F. Daddio & Jean A. Gentry Agenda Item Planning Commission Public1 2024 City Council District 5 (Wilson) • Virginia Beach Request Street Closure(Portion of an unnamed 15' alley) Staff Recommendation Approval } Staff Planner Elizabeth Nowak ►S'' m GO Olt Adjacent Address 817 Vanderbilt Avenue m Adjacent GPIN 2426376770 Site Size 375 square feet s�o AICUZ R1FlE�NGf NU 65-70 dB DNL;Sub-Area 2 Watershed Atlantic Ocean Existing Land Use and Zoning District Unimproved right-of-way _ F Surrounding Land Uses and Zoning Districts M~ t t F • �, North t Single-family dwelling/R-10 Residential o South Single-family dwelling/R-10 Residential si fn' East m m Vanderbilt Avenuer ¢� Single-family dwelling/ R-10 Residential West Unimproved alley,single-family dwelling/R-10 Residential •ti `,;r t William F. Daddio&Jean A. Gentry Agenda Item 8 Page 1 Background & Summary of Proposal • The applicant is requesting to close a portion of the platted, unnamed,and unimproved alley adjacent to the rear lot line. As shown on the submitted street closure exhibit,the proposal includes closure of half of the 15-foot-wide alley,totaling 375 square feet.The closed area will be incorporated into the adjacent residential lot, identified as Lot 16, Block 13,Croatan Beach. • The site is currently developed with a single-family home and a fenced backyard consistent with other residential lots in the Croatan neighborhood.The applicant has a rear deck that they plan to reconstruct.They wish to incorporate the closed alley area into their property to meet the required 20-foot rear setback for structures. • Street closures to the north and south of this property have already been approved by City Council on this block of Vanderbilt Avenue. Zoning History # Request 1 STC Approved 08/17/2021 RIC 2 STC Approved 06/02/2021 12 _ - sw,aY"'"•� ; 3 STC Approved 02/16/2021 s 4 STC Approved 11/17/2020 5 1 STC Approved 11/17/2020 6 1 STC Approved 03/1/2016 R,o 7 STC Approved 05/22/2012 8 STC Approved 02/26/2011 ` A 9 STC Approved 11 25 2008 L m 10 STC Approved 05/27/2008 11 STC Approved 01/22/2008 � R10 m 12 STC Approved 05/22/2007 13 STC Approved 02/27/2007 O 14 STC Approved 01/23/2007 R1O-' " R,o 15 STC Approved 02/28/2006 U.-of 16 STC Approved 01/31/2006 17 STC Approved 10/24/2004 18 STC Approved 09/23/2003 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-ConditionalRezoning NON-Nonconformin Use ALT-Alternative Compliance STR-Short Term Rental EvaluationRecommendation As required by City Code, a Viewers' Meeting was held on June 3, 2024,that included City Staff from the Departments of Public Works, Public Utilities, Planning & Community Development, and the Office of the City Attorney, to consider this request.The Viewers determined that the proposed closure will not result in any public inconvenience;therefore,closure of this portion of the right-of-way is deemed acceptable. William F. Daddio&Jean A.Gentry Agenda Item 8 Page 2 Several similar requests have been reviewed and approved by City Council for closure of alleys within the Croatan neighborhood. Consistent with those approvals, Condition 2 is recommended below whereby the City of Virginia Beach will be granted a minimum seven-foot and five-inch-wide public drainage easement over the closed portion of the alley. Other street closures in the 800 block of Vanderbilt Avenue were approved with 7.5-foot public drainage easements. The recommended width is consistent with those approvals. Based on the consideration above, Staff recommends approval of the proposed Street Closure subject to the conditions listed below. Recommended Conditions 1. The City Attorney's Office shall make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the"Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Planning Department. 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining lot.The resubdivision plat must be submitted and approved for recordation prior to the final street closure approval. Said plat shall include the dedication of a 7.5-foot public drainage easement over the closed portion of the alley to the City of Virginia Beach,subject to the approval of the Department of Public Works,and the City Attorney's Office,which easement shall include a right of reasonable ingress and egress. 3. The applicant shall verify that no private utilities exist within the right-of-way proposed for the closure. If private utilities do exist,easements satisfactory to the utility company, must be provided. 4. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved for recordation within one year of the City Council vote to close the right-of-way this approval shall be considered null and void. 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 identifies this site as being located within the Suburban Area.The general planning principles for the Suburban Area focus on creating and maintaining great neighborhoods through stability and sustainability; protecting and enhancing open spaces and places of cultural and historical significance;and creating and maintaining a transportation system that provides connectivity and mobility (1-60 to 1-63). Achieving these goals requires that all land use activities either maintain or enhance the existing neighborhood through compatibility with surroundings,quality and attractiveness of site and buildings, improved mobility, environmental responsibility, livability, and effective buffering with respect to type,size, intensity,and relationship to surrounding uses. William F. Daddio&Jean A. Gentry Agenda Item 8 Page 3 Natural & Cultural Resources impacts The site is located in the Atlantic Ocean watershed.There does not appear to be significant natural or cultural resources associated with the site. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign was placed on the property on June 10,2024. • As required by State Code,this item was advertised in the Virginian-Pilot on Wednesdays,June 26, 2024 and July 3, 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 June 24,2024. • 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 July 3,2024. William F. Daddio&Jean A. Gentry Agenda Item 8 Page 4 Proposed Site Layout LOT 6 (M.B. 24T G. 37) I (M.B. 24, PG. 37) I (M.B. 2725r G. 1002) GPIN: 2426-37-5653 I GPIN: 2426-37-5638 GPIN: 2426-37-5723 72" VINYL FENCE 48'WOOD FENCE 72' WOOD FENCE 15' ALLEY I N 04•14'15' w so' (ALB. 24, PG. .37) (UNIMPROVED) h h � �1.04'14'15' W 50' 1 —— 7.5' PUBLIC —— a ,. .....,,. Q` DRAINAGE EASEMENT GRAVEL (I.N. 20070712000939220) 'VIER/ WALKWAY �d/BN'�USE LOT y8 AREA OF 2 PROPOSED STREET CLOSURE o ^ (375 SO. FT. OR N/F o 0.009 ACRES) N/F WILLIAM F DADDIO & MAUREEN R. KENNY JEAN A GENTRY (D.B. 3473, PG. 812) (I.N. 200404080055463) BLOCK LOT 15 (M.B. 24, PG. 37) p ♦� (M.B. 24, PG. 37) GPIN: 2426-37-6770 g 1 GPIN: 2426-37-6655 N/F ROBERT E CkMORA dt �h SIGRID N CALANORA Y+'� �j,►yr (I.N, 20200617000518970) LOT 17 A (I.N. 20070712000939220) IC NER►-. h = GPIN: 2426-37-6725 C. o. 2904 0#12si2024 �. P.L OF SUR o AARnANND I _ NOTES: S O4.14'15" E so' ' A o"PROPPOSED RI°E ff-TOOF-WAY CLOSURE VANDERB/L T A VENUE AND INDEPENDENT OF THE ASSOCIATED (80' R/W)(M.B. 24, PC 37) RECORD DOCIAMS)AND IS NOT INTENDED (FORMERLY PAC/f7C AVENUE) FOR ANY OTHER THAN GENERAL REFERENCE 2. A TITLE REPORT WAS NOT BEEN PROVIDED FOR THIS PROPERTY. STREET CLOSURE E%HIHIT OF ' THE EASTERN 7.5 FEET OF 15' ALLEY (A PUBLIC R/1I) ge TAT 16; BLOCK 13 CROATAN BEACH La&cape Architecture (M.B. 24, PG. 37) CM Surveying ww�, VIRGEMA BEACH, VIRGINIA CM�I"°°� SHEET 1 OF 1 VIR MUSTANG REACH, EA IMAM, IA'S r �n� 25, 2024 242 MIA RAIL, S '! SCA.GE: 1-=20� Ar Govab� CPPY OF YIBGIIu BBACH, vA I F,B,1074 PG.74 PLAT C-84 JN:224-0059 William F. Daddio&Jean A. Gentry Agenda Item 8 Page 5 r a. V- A a._ aaYp. Site Photos VT M. 4 r -.' William F. Daddio&Jean A. Gentry Agenda Item 8 Page 6 Disclosure Disclosure Statement Gtitr of Ibymio Bmdi 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 William F.Daddio&Jean A.Gentry 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 M 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 4 2.2.3101, 2"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code 4 2.2-3101. 1) William F. Daddio&Jean A.Gentry Agenda Item 8 Page 7 Disclosure Disclosure Statement city of Vvv-emol 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 0 NO • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-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. MERS 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes ■No • If yes,identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes 0 NO If yes,identify the firm and individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes 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?❑Yes M No If yes,identify the purchaser and purchaser's service providers. ? I William F. Daddio&Jean A. Gentry Agenda Item 8 Page 8 Disclosure Disclosure Statement Planning&Commu DeNrelopmant u 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 • If yes,Identify the company and individual providing the service 7 Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?0 Yes ❑No • If yes,identify the firm and individual providing the service. Eric Garner,WPL 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?N Yes ❑No • If yes,Identify the firm and individual providing the service. R.Edward Bourdon,Jr.,Esq.,Sykes,Bourdon,Ahern&Levy,D.C. Aoolkant Sienature 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 commlittee in connection with this application. ^ Applicant Signature T7-- William F.Daddio Jean A.Gentry Print Name and Title !S0 2`F Dal Is the applicant also the owner of the subject property? 0 Yes ❑No • If yes,you do not need to fig out the owner disclosure statement. s• • s applicationsx-M,14 WEEKS prior to any Planning Ccimmis�ion and City Council meeting that pertains to the No d%wws as of �1e Signature Print Name --- --------"' Revised 1109 1010 3 I P a 4 I William F. Daddio&Jean A. Gentry Agenda Item 8 Page 9 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-5692. • 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. William F. Daddio&Jean A. Gentry Agenda Item 8 Page 10 Virginia Beach Planning Commission July 10, 2024, Public Meeting Item # 8 William Daddio and Jean Gentry Recommendation: RECOMMENDED FOR APPROVAL Discussion Ms. Cuellar: Thank you very much. Item #8, William Daddio and Jean Gentry. Mr. Bourdon: Again, for the record, Eddie Bourdon, Virginia Beach Attorney representing the applicants. We again appreciate being on the consent agenda. Elizabeth's work is also appreciated, and the four conditions are acceptable. I wanted to just add one little piece of information based on the conversation you all had in the informal. In Croatan, these alleys, it's City Council adopted a policy back in the early 90s to have them that everybody closed up. So, it's been a process that's ongoing. It's accelerated in the last number of years, thankfully. So, it's actually a policy that Council adopted, and there's a, you know, a set process that doesn't require people to go out and hire an appraiser and do an appraisal. There's already an established price for the portions of the alleys and Croatan,just all of these street closure and alley closures. They're not all the same. There's a lot of little nuances to them. I thought I just put that out there, but what Mr. Plumlee had said earlier, is the normal practice, but in this situation with Croatan, they've established a policy. The Council did and it's City policy to get these alleys closed. Ms. Cuellar: Thank you very much. Is there any opposition for this item being placed on the consent agenda? Hearing none, I've asked Commissioner Parks to read this into the record. Mr. Parks: Thank you. The applicant is requesting to close a portion of the platted, unnamed,and unimproved alley adjacent to the rear lot lawn. As shown in the submitted street closure exhibit, the proposal includes closure of half of the 15-foot alley totalling 375 square feet. Street closures to the north and south of this property have already been approved by City Council, and hearing no opposition, we felt it was appropriate 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 1, 4, 5, 6, 7, 8, 9, 10, 13, 14. Mr. Alcaraz: Thank you, Vice Chair. Do I have a motion to approve this? Ms. Cuellar: I move that these items be approved by consent. Mr. Alcaraz: I got a motion by Ms. Cuellar. I need a second. Mr. Plumlee: I need to just note abstentions. I'm sorry, 4 and 14. Mr. Alcaraz: Thank you. Okay, I got it. Let me get a second. Mr. Coston: Second. Mr. Alcaraz: Second by Mr. Coston. Any abstentions? Mr. Plumlee: Abstaining on items 4 and 14 for reasons set forth in a letter with the City. Mr. Alcaraz: Thank you. Ms. Cuellar: I am abstaining from the item on Pembroke Lake Circle, Item 10 for reason stated in the letter that I've provided to the City Attorney. Mr. Alcaraz: All right, thank you. Ms. Alcock: The vote is now open. By a vote of 10 to 0 with an abstention on Item 4, one abstention on Item 10, and one abstention on Item 14, agenda items 1,4, 5, 6, 7, 8, 10, 13, and 14 have been recommended for approval. Vote Tall AYE 10 NAY 0 ABS 0 ABSENT 1 Alcaraz AYE Anderson AYE B ler AYE Cromwell X Coston AYE Cuellar AYE Estaris AYE Hi en AYE Mauch AYE Parks AYE Plumlee AYE CONDITIONS 1. The City Attorney's Office shall make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Planning Department. 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining lot. The resubdivision plat must be submitted and approved for recordation prior to the final street closure approval. Said plat shall include the dedication of a 7.5-foot public drainage easement over the closed portion of the alley to the City of Virginia Beach, subject to the approval of the Department of Public Works, and the City Attorney's Office, which easement shall include a right of reasonable ingress and egress. 3. The applicant shall verify that no private utilities exist within the right-of-way proposed for the closure. If private utilities do exist, easements satisfactory to the utility company, must be provided. 4. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved for recordation within one year of the City Council vote to close the right-of-way this approval shall be considered null and void. 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. From: To: EIIzaEetli p.Nowak sobja: Conran al]VaWO bft Ave alley Cl­ ­­ Mw W,July e,M2e 12:09:22 M AtbNmmb: .alN CAUTION:This email originated from outside of the City of Virginia Beach.Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Ms Nowak, We are Bob&Sigrid Calandra of 813 Vanderbilt Ave.We are writing to concur on the application by William Daddio and Jean Gentry for the alley closure scheduled for the July 10 planning commission public hearing.Screen shot of reference details below. Thank you for all you do for the citizens of the great city of Virginia Beach! Bob&Sigrid Calandra 703-231-9056 Request to operate a repair shop for motor vehicle sales. 8. William F. Daddio & Jean A. Gentry (Applicants) Street Closure Adjacent Address: 817 Vanderbilt Avenue Adjacent GPIN: 2426376770 City Council: District 5 (Wilson) Accela Record: 2024-PCCC-00073 AICUZ: 65-70 dB DNL - Sub-Area 2 SGA: No Overlay: No Staff Planners: Elizabeth Nowak Request for closure of 375 sf portion of a 95 ft. alley way in Croatan Beach. Street R7. 43rd Street f _ I t _-- 3rd Stree R7.5 CID \ ` 1 RTA \ N ® Site Property Polygons Scott Griffith Aldrich & Julia Wareing Aldrich Zoning 200 43rd Street S Building Feet 0 510 20 30 40 50 60 r, `Nu 6Eic T CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: SCOTT GRIFFITH ALDRICH & JULIA WAREING ALDRICH, TRUSTEES OF THE ALDRICH FAMILY TRUST [Applicants & Property Owner] Change in Nonconformity for the property located at 200 43rd Street (GPIN 2418961328). COUNCIL DISTRICT 6 (Remick) MEETING DATE: August 20, 2024 ■ Background: The applicant is requesting a Change in Nonconformity to alter and expand an existing dwelling by constructing a rear two-story addition and constructing a new wrap-around inset front porch. The 7,835 square-foot parcel is zoned R-7.5 Residential and was developed prior to the adoption of the Zoning Ordinance as part of the Cavalier Shores neighborhood. The property has several existing nonconformities including two residential dwellings on one lot, deficient side, front, and rear yard setback, deficient lot width, and deficient minimum setback between primary structures and accessory structures. Of the existing nonconforming dimensional standards only the required front yard setback will be intensified due to proposed new porch steps. The overall design of the additions draws from the existing house and from other dwellings in the neighborhood. The proposed front porch will have low-gable roofs, similar to other Craftsmen-style buildings. The second story will have a hipped roof to echo the buildings existing roofline and reduce the visual impact of the new second story. The proposed materials are consistent with other new construction in the area and are of general high quality. ■ Considerations: The request for a Change in Nonconformity is consistent with recommendations for the North End Suburban Focus Area, as defined in the Comprehensive Plan and which recommends the preservation of historic properties and ensuring development and redevelopment contribute to overall neighborhood stability. The overall scope of the project is compatible with historic and renovated properties in the neighborhood and will not adversely affect Cavalier Shores, which is a historic district listed in the National Register of Historic Places. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. Two letters of support were received by Staff. There is no known opposition to this request Scott Griffith Aldrich & Julia Wareing Aldrich, Trustees of the Aldrich Family Trust Page 2 of 2 ■ Recommendation: On July 10, 2024, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 10-0. 1. Except as modified by any condition below, or as necessary to meet City Development Ordinances and Standards, the Site shall be developed substantially in accordance with the concept site layout entitled "Modification of a Non-Conforming Use Exhibit of Lot 32 map of Cavalier Shores," prepared by WPL, dated April 26, 2024 and is on file in the Department of Planning and Community Development. 2. Except as modified by any condition below, or as necessary to meet City Development Ordinances and Standards, the Site shall be developed substantially in accordance with the concept renderings and elevations prepared by Serliana Architecture, dated May 28, 2024, exhibited to Planning Commission and City Council and are on file in the Department of Planning and Community Development. 3. Any variation to the proposed building materials as described in the elevations prepared by Serliana Architecture, dated May 28, 2024, may be considered subject to the review and approval of the Director of Planning and Community Development. 4. The maximum number of dwelling units on the subject Site shall not exceed two (2). 5. The minimum front yard setback shall be 15 feet, the minimum rear yard setback shall be .75 feet, the minimum setback between the primary structure and the accessory structure shall be 13 feet, and the minimum side yard setback adjacent to a street shall be 7 feet. These are deviations from dimensional standards for R-7.5 Residential in the Zoning Ordinance. 6. The minimum lot width shall be 64 feet. This is a deviation from the lot width requirement for R-7.5 Residential in the Zoning Ordinance. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Letters of Support (2) Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department i City Manager: Item Applicant& PropertyAldrich ; Julia Agenda Aldrich,Wareing of • CommissionPlanning • 1 2024 ('itI;"I ;B City CouncilDistrict . ' Virginia Beach Request Change in Nonconformity Staff Recommendation Sz ►"�` 1 Approval ,S Staff Planner _/ -A Y_ao, Elizabeth Nowak Z Location 200 43rd Street g� GPIN C4VAUfR°R cPV""elk ID 2418961328 Site Size o f 7,835 square feet P AICUZ 65-70 dB DNL;Sub-Area 1 Watershed Atlantic Ocean Existing Land Use and Zoning District Single-family dwelling/R-7.5 Residential Surrounding Land Uses and Zoning Districts a North 43`d Street Single-family dwellings/R-7.5 Residential South 42"d%Street X , Single-family dwellings/R-7.5 Residential R' '� �► + �, F s_, East Atlantic Avenue West .42NHAST j. Single-family dwellings/R-7.5 Residential V ` Z ��t s� •f 42N� Scott Griffith Aldrich &Julia Wareing Aldrich,Trustees of The Aldrich Family Trust Agenda Item 5 Page 1 Background SummaryofProposal • The applicants are requesting a Change in Nonconformity in order to alter and expand an existing dwelling in the Cavalier Shores neighborhood.The 7,835 square-foot parcel is zoned R-7.5 Residential. Both the lot and the existing dwellings are nonconforming with the current standards in the Zoning Ordinance. • Like most of the properties in Cavalier Shores, 200 43rd Street was developed prior to the adoption of any Zoning Ordinance in the City of Virginia Beach.There are several existing nonconformities associated with this property, including: o Two residential dwellings on one lot(a one-story,single-family house and a 396 square-foot cottage) o Deficient side,front, and rear yard setbacks o Deficient lot width o Deficient minimum setback between primary structures and accessory structures Required Required Required Required Side Rear Yard Rear Yard Required Required Required Side Yard Setbackin Setbackin Minimum Separation Maximum Front Yard Yard Setback R-7.5 R-7.5(feet) Lot Width between Primary Lot Setbackin Setback Adj.to (feet)for for in &Accessory Coverage in R-7.5(feet) in R-7.5 Street in Primary Accessory R-7.5 Structuresin R-7.5 Dwellings Structures Existing 24.12* 13.75 30 31% Dimensions 8.76* .75* 64.2* 13* Proposed 15.55* 13.86 25.36 35% Dimensions Required 30 5&10 30 20 10 75 20 35% Dimensions Of the existing nonconforming dimensional standards,only one—the required front yard setback—will be intensified.The reduction in this setback is the result of the proposed porch steps on the north elevation. The remainder of the existing nonconforming dimensional standards will remain the same. • The applicants plan to make the following alterations to the existing primary dwelling: o Remove the existing deck on the north elevation. o Construct a new porch within the existing building footprint to wrap the north and east elevations. o Remove a portion of a rear deck. o Construct a new two-story addition at the rear of the building. o Construct a new side entry stoop with stairs on the west elevation. o Construct a new rear entry porch with stairs on the south elevation. • The overall design of the additions draws on forms from the existing house and from other dwellings in the neighborhood.The proposed front porch will have low-gable roofs,similar to other Craftsman-style buildings,with minimal embellishment to help identify it as a recent addition.The second-story addition will have a hipped roof, echoing the existing dwelling's roofline.The hipped roof will also reduce the visual impact of the new second story. • The exterior cladding materials will be fiber cement or composite wood siding for the new additions;the existing cladding may remain or may be updated,which will be determined prior to construction.The new porch piers will be brick;the new porch columns will be fiberglass;and the porch railing will be wood composite.These materials are consistent with other new construction in the area and are of general high quality. Scott Griffith Aldrich &Julia Wareing Aldrich,Trustees of The Aldrich Family Trust Agenda Item 5 Page 2 \R7.55 R .5 lint R7 Zoning History R .5 # Request R7.5 R7. 1 NON Approved 08/15/2023 ' 1 2 NON Approved 06/06/2023 7.5 ,�, _ -- 3 NON Approved 03/16/2021 4 REZ(RT-1&R-7.5 to OR)Approved 12/10/2013 R s ---- 5 ALT Approved 12/10/2013 SVR Approved 12/10/2013 R7. Si R CAVALIER DR OR Application Types CUP—Conditional Use Permit MDC—ModificationofConditions STC—Street Closure SVR—Subdivision Variance REZ—Rezoning MDP—ModificationofProffers FVR—FloodplainVariance LUP—Land Use Plan CRZ—Conditional Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental Evaluation • • • This request for a Change in Nonconformity, in Staff's opinion, is acceptable.The property is located in the North End Suburban Focus Area (SFA),as defined in the Comprehensive Plan. The North End SFA specifically recommends the preservation of historic properties and ensuring development and redevelopment contribute to overall neighborhood stability.The primary and secondary dwellings on this property are identified as contributing resources in the Cavalier Shores Historic District, a district which was listed in the National Register of Historic Places in 2019. While the proposed alterations will reorient the primary entrance from Atlantic Avenue to 43rd Street and will introduce some differing architectural elements (such as the Craftsman-inspired porch),the overall form of the original, historic house will still be visible and the new porch and rear addition will be easily,visually distinguished from the original building. Overall, no adverse effect is anticipated on the district's integrity as a result of this proposal.The renovated house will be compatible with other buildings on 43rd and 42%2 Street and the proposed materials are high quality.The applicant intends to continue to utilize this property as a residential use. In Staff's opinion,the type of deviations to dimensional standards that the applicant requests for this proposal is also acceptable. This property was developed before a zoning ordinance was in effect in Virginia Beach;the historical, existing conditions will be minimally affected with this proposal. In creating the new porch,the applicant will remove a deck in the front yard that is currently only 7.5 feet from the property line.The new porch will have a 15.55-foot setback,which will improve the separation between the front of the house and 43rd Street.The existing stairs on the east elevation,which are setback approximately 8.67 feet,will be reused in their current location. In Staff's opinion, these changes to the nonconforming setbacks will result in an overall improvement of the lot.The setback is measured to the steps of the new porches;the exterior of the building envelope will remain as it currently stands.The second- story addition is proposed almost entirely within the footprint of the existing rear portion of the house and will not shorten the separation between the primary and secondary dwellings. Similar requests have been made and approved for other properties in Cavalier Shores for applicants seeking modest additions and renovations and it is Staff's opinion that the overall project scope is compatible with historic and renovated properties in the neighborhood. Staff is unaware of any opposition to this request and is recommending approval subject to the conditions and exhibits in this report. Scott Griffith Aldrich &Julia Wareing Aldrich,Trustees of The Aldrich Family Trust Agenda Item 5 Page 3 Recommended Conditions 1. Except as modified by any condition below,or as necessary to meet City Development Ordinances and Standards,the Site shall be developed substantially in accordance with the concept site layout entitled "Modification of a Non- Conforming Use Exhibit of Lot 32 map of Cavalier Shores," prepared by WPL, dated April 26, 2024 and is on file in the Department of Planning and Community Development. 2. Except as modified by any condition below,or as necessary to meet City Development Ordinances and Standards,the Site shall be developed substantially in accordance with the concept renderings and elevations prepared by Serliana Architecture,dated May 28, 2024,exhibited to Planning Commission and City Council and are on file in the Department of Planning and Community Development. 3. Any variation to the proposed building materials as described in the elevations prepared by Serliana Architecture, dated May 28, 2024, may be considered subject to the review and approval of the Director of Planning and Community Development. 4. The maximum number of dwelling units on the subject Site shall not exceed two(2). 5. The minimum front yard setback shall be 15 feet,the minimum rear yard setback shall be.75 feet,the minimum setback between the primary structure and the accessory structure shall be 13 feet,and the minimum side yard setback adjacent to a street shall be 7 feet.These are deviations from dimensional standards for R-7.5 Residential in the Zoning Ordinance. 6. The minimum lot width shall be 64 feet.This is a deviation from the lot width requirement for R-7.5 Residential in the Zoning Ordinance. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. Comprehensive • . . • This project falls within the Suburban Area within the North End Suburban Focus Area.The primary guiding principle for the Suburban Area is to create and maintain Great Neighborhoods that seeks compatible non-residential uses to maintain and create neighborhood stability. Recommendations for development in the North End SFA include parcel consolidation and density stabilizing Best Management Practices, decreasing impervious surfaces, using attractive and high-quality building materials, and preserving historic structures responsibly(p.1-60 to 1-63). ImpactsNatural & Cultural Resources The site is located in the Atlantic Ocean watershed. Scott Griffith Aldrich &Julia Wareing Aldrich,Trustees of The Aldrich Family Trust Agenda Item 5 Page 4 The primary and secondary dwellings at 200 43'd Street are both identified as contributing resources in the Cavalier Shores Historic District.The primary dwelling,which is the subject of this proposed alteration, is a circa 1946 Minimal Traditional style house with early Ranch-style design. The architecture of the building represents the later period of significance for this historic district.While the proposed porch will relocate the primary entrance from Atlantic Avenue to 43`d Street,the major form of the original house will remain visible. No adverse effect on the overall district is anticipated with this application. Traffic Impacts/Transportation Street Name Present Volume Present Capacity Generated Traffic 43rd Street No data available No data available No change anticipated Master Transportation Plan (MTP) and Capital Improvement Program (CIP) 43`d Street in the vicinity of this application is considered two-lane undivided local streets. The existing infrastructure for each roadway currently resides in a 60-foot right-of-way.There are no roadway CIP projects slated for this area. Public Utility Impacts Water The site currently connects to City water.There is an existing eight-inch City water main along 42nd%Street Sewer The site currently connects to City sanitary sewer.There is an existing 10-inch City gravity sanitary sewer main along 42nd %:Street. Public Outreach Information Planning Commission • The applicant/applicant's representative met with the North Virginia Beach Civic League Zoning Review Committee to discuss the details of the request.A letter of support was provided to Staff by the civic league as a result of this meeting. • As required by the Zoning Ordinance,the public notice signs were placed on the property on June 10, 2024. • As required by State Code,this item was advertised in the Virginian-Pilot on Wednesdays,June 26, 2024 and July 3, 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 June 24, 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 July 3, 2024. City Council • As required by City Code,this item was advertised in the Virginian-Pilot on Tuesdays,August 6, 2024 and August 13, 2024. Scott Griffith Aldrich &Julia Wareing Aldrich,Trustees of The Aldrich Family Trust Agenda Item 5 Page 5 • 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 August 5, 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 August 16, 2024. Scott Griffith Aldrich &Julia Wareing Aldrich,Trustees of The Aldrich Family Trust Agenda Item 5 Page 6 Proposed Site Layout SITE DATA, "� 1. GPN:2413-96-132J0 ;,v L�G D,r 2. ZONING:R-7.5 3. LOT AREk 7jW SO.FT.OR 0.1BD AM 4. LOT COVERAGE WPL SIGNED BY AVOWABLE:2.743 SO.FT.(3W RIC ARNER� DGSTING:Z410 SO.FT.(311Q LIO. 2904 . PRNARY:Z014 S0.FT. SECONDARY:396 M FT. OS12912024 POST PPR DEVELOP:2.347 SO SD.FF. SECONDARY.306 SD.Fr. SNJRv�'- 1 1 j - 67I6'M � � �s2.5:J6• 19.31' II FOR RAW ESERVED 7.9 19.24' pgiq'7E W/rSTAAPS BUILTDRMEWAY NOT TO HE UPON f7.lJ \' = (4�� ii (M.S.B,PG. 12) IdQTi' P.E7pbf'QEGYC HEDGEROW 1 (TYPICAL) PROPOSED V H NGM Pp0PV_';W 2-S70PY RS 2M FLOOR 0BUUVAG &M-O9N i A0O17XW ff-10.9 (LNL 201OD41STONE L 900DJ59230) II STEPS N71Fj 1Mf(L OLD.&PC.12) i - FF-1&72 - 13.75' Oft 2418-96-0452 6.76' VIM YCDNCRET I � — 3 t [ p DRNEWAY I O PAG 0 OE PROPOSED SqE Bl,6CL1NM:70 BE DMRY S700P ACWOUED FOR MAY, �--� h STAAPS FRW PORCH (4)r3� EA7°Al�(SV'N' 1. fGlG' PORCH fA33' PRY7XAYT ERDNPr;YV P O Gti1L(.•AV A 7EP N d7417'E ,6.2^ COLLMA17S I RZWOW D057M MVEL ..`. y. DECK I� CONCRETE SDLYVALK 4301 STREET BRICK SDLIVALK (MAMMY POWOMAS DRIW) (MA A PG 12) ROOD W M 701:THE PROPERTY SHOWTI HEREON APPEARS TO FALL WRHN FLOOD ZONE X(AMC OETERM*D TO BE DUFSDE OF THE 0.n ANNUAL OONCE FLOOD), ONRI AS SH ON F.EA1A'S FLOOD INSURANCE RATE Y OY AP (FJ.R.Y.) FOR THE C OF VIRGNU BEACH, VIRGINIA, COMMTY PMM NO.5155310120C CA1TD AWAW 16.2015. WPL IS NOT A PARTY N DETERMINING THE REOUIRDUM FOR FLOOD INStFANCE ON THE PROPERTY SHMN HEREON.TRS SURVEY DOES NOT•PLY DINT THIS PROPERTY WRL OR WILL NOT BE SUBJECT TO FLOODING, FOR ROM NFORANTDN,CONTACT THE LOCAL WM MTY RDOD OFTIQAI_ THS SURVEY WAS PERFORMED WTTHOUT THE TENEFR OF A TTU REPORT AND MAY NOT SDW ANY/All EASEMENTS OR RESTI6OIONS THAT UAY AFFECT YID PROPERTY AS SHOW.THIS PLAT DOES NOT INTEND TO REF4ESW A SLBOMSCN OF LAND. MODIFICATION OF A NON—CONFORMING USE EXHIBPP OF IDT MAP OF2 CAVAIEER SHORES PLAT RECORDED IN YAP BOOK B, PAGE 12, IN THE CLERK'S OFFICE OF THE CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH, VIRGINIA VIRGINIA BEACH, VIRGIIIIA L.W EXCLUSIVELY For !{1 990f R K,9 M 757,431.1041 ZWM1 SCAM I. = 20, ALDRICH RESIDENCE APRIL 28, 2024 CAD/chk:DAC/eag CITY OF vmGnm BRACE, vmih7A lF.B559i PC.60-B3 E7AT:C-N45 I IN:224-0045 Scott Griffith Aldrich &Julia Wareing Aldrich,Trustees of The Aldrich Family Trust Agenda Item 5 Page 7 Ln 00 =3 E 0 L v U_ Q L WWA'QMV1Q Nv-w 1ZOZ'La HOUVW-31VO 101d Q 01-0 � t w TYOQ OIFb1Ytl0 �//I 1 W I as iM•r. T —�r __ __ Ll on �W W.fiKu 9i -� `Tu' v __- �.•, •s..J� • � ,,¢ ' - �1 � _ • V Pig•MS n.V. 9• - � � � L 31 r C 00 IL �C'.. ill �� •�; ,' u �c t 4 m�'€ '-"--. © �w,,,e~ gg' _- S7 1 i i 'y���t y �•�,,��>:,.,.,Y.�.moo, y ® dVW NOLLVOOI \ may,.. .�,. � 1� I .�.>:.+xw�e�.S''6��'r• vl 1.�w - �� 'TJ' 'fie. Ate•, N F O N > U Q Proposed Rendering — North Elevation m m N Q Z_ 0 m a O O N i W f- V S V Q z LU W z z O > Q W J W � W F- V Q' z O O Z V Scott Griffith Aldrich &Julia Wareing Aldrich, Trustees of The Aldrich Family Trust Agenda Item 5 Page 9 0 c� rD CL QD I v (D 3• Q , C r+ (D 0 0 EAST ELEVATION S E R L I A N A 28 MAY 2024 CONCEPTUAL RENDERING ARCHITECTURE 20043RD ST,VIRGINIA BEACH,VA (D D CL aDo (D T 7 � Q Q (D F, 3 c 0 Ln �+ ]NO N OCNt pM pOINat1N IN NI pN Arend oural Shingle n O Nu[uhwm Gable 4@.tu —I RORCH. ii.IDGE _ _ _ _ _ ent or CQuVosile Wll Siding S D CL -- — n' S T of rower _ Existing Materials to M 24.72' Remain or Updated To C - - Match Addition-TYC wsr r � fRONi PORCH I O �• 1ST FL _ 91 FL t6 72' D L��I o,Aue earl CL a n Fibervreintrm:ed Composite 4VD Rail Termacut Column, BrickPiers ul m 0 NORTH ELEVATION S L R L I A N A 28 MAY 2024 0 CONCEPT ARCHITECTURE 20043RD ST,VIRGINIA BEACH,VA ro D CL �D m TI :Z 3 Mr rD F, 3 C I.— Ln rN-' ArchitnYural Shingle Double-flung Alumimtm- C.lad WD Windows Composite WD Shutters N A O h Rber Cement or Fiber Cement or AnitiWtural Shb)gle G) Composite WD Siding Composite WL)Siding Ahnnbwm Gabk Vent h�•s :. ,ma a41 n.rowo D CL - -- -• ass --------- 20 — T oCG,' tD D New Work V Work f1Existing Materials to —posite WD Rail Fiber-rcinfitrced S Remain or Updated To Bri&Pie. umn'Permacaa"Cols Match Addition-TYP. C N re (D (D N O EAST ELEVATION S E R L I A N A 28 MAY 2024 IS CONCEPT ARCHITECTURE 200 43RD ST,VIRGINIA BEACH,VA (D D Q uQ (D —n Q � y — d (D � � C N Ln N+ Architectural Shingle (!1 Fiber Cement or Comp.ite WD Siding D a -, xro FL - t7• ue.»• - - - - - - - S2D � Datble-Hung Aluminum- Clad WD Windows �• NFw ENTRY Composite lYD Rail 1STFL - - �• t177T — — — — — — — �Q D lZ Lox rYaEe vane n Nm Work EA C r-r (D fD H 0 SOUTH ELEVATION S E R L I A N A 28 MAY 2024 CONCEPT ARCHITECTURE 200 43RD ST,VIRGINIA BEACH,VA m D a UQ S (D -7 7 D) n3 � N (D F, 3 c W U•1 ,�+ Architectural Shingle N f"I �Fiber Cement or O Composite WD Siding � ♦rwsE »rn Architectural Shingle yi S a�.n ,may O_ 4 ~^ _ TOR r�ry� i0o6 e0llIW 90 >n L d• i (D 3 Al aMlrE lOn GAM Nfr 0111 Nap �.�� fN.M D New Work New Work Double-Thing Aluminum. Q CI.Mi WD IVi ncimcs n' fiber-reinforced Edging Materials to S 'Ycrmacast"Cnilunnns Remain or Updated I'o M lch Addition-TYP. C to lD (D '^ WEST ELEVATION S E R L I A N A 28 MAY 2024 O --i CONCEPT ARCHITECTURE 20043RD ST,VIRGINIA BEACH,VA (D D UQ (D Ti 3 SU Q (D (D 1 3 C A Ln rt Proposed Floor —---------- ------------ � I 1 1 1 I 1 L«--------------------------------- ----- � I 1 I I I I I I rn�hT ,R.y YiVFR 1 I I I I I 1 I I 1 C�OIT' 1 I Fv..ila r..,m 1 1 hR+ 1 1 Imlm �.rw, 1 I HlIPL I I M1WfRMY 1 1 1 I 1 I J I 1 Ictx111u j I (A I ❑ I J Rig a(YR .J Mr..11x.0�lil 1 1 1 1 1 1 I 1 I ------ - ---------I i oMwc�x,M I I I I I I I I I I I I I FIRST FLOOR PLAN SERLIANA 28 MAY 2024 CONCEPT ARCHITECTURE 20043RD ST,VIRGINIA BEACH,VA LW1 LJ wn I xnu.,lmn Rcnaaanl 1-0 �.L etui�..le SECOND FLOOR PLAN SERLIANA 28 MAY 2024 CONCEPT A R C H I T E C T U R E 200 43RD ST,VIRGINIA BEACH,VA Scott Griffith Aldrich &Julia Wareing Aldrich,Trustees of The Aldrich Family Trust Agenda Item 5 Page 15 Mao irT•�3'C. � -�'T 00 a 1 e,. � •. .�� ,.. Tom_ iy �r r Scott • Aldrich, of • Agenda Site Photos LC 1 Eill ••s_ ttl .� 1RA ` -4 w f, al�r j'" } -r"^� Disclosure Statement Disclosure Statement City ofviv-io fi oh 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 Scott Griffith Aldrich&Julia Wareing Aldrich,Trustees under The Aldrich Family Trust 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? 0 Yes ❑ No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Scott Griffith Aldrich&Julia Wareing Aldrich,Trustees • If yes,list the businesses that have a pare nt-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,(6)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 li Scott Griffith Aldrich &Julia Wareing Aldrich, Trustees of The Aldrich Family Trust Agenda Item 5 Page 18 Disclosure Disclosure Statement Cisy- V6,Bmdl Planning&Community �� Development Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes ®NO • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑Yes ■No • If yes,identify the financial institutions providing the service. 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes ■No • If yes,identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes M 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?E Yes ❑No • If yes,identify the firm and individual providing the service. Billy Almond,WPL;Tim Hayes,Serliana Architecture 5. Is there any other pending or proposed purchaser of the subject property?❑Yes i No • If yes,identify the purchaser and purchaser's service providers. 21 Scott Griffith Aldrich &Julia Wareing Aldrich,Trustees of The Aldrich Family Trust Agenda Item 5 Page 19 Disclosure Statement Disclosure Statement rvydtvv..o v..� Planning&Community x Development 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?❑Yes ®NO • If yes,identify the company and individual providing the service. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?■Yes ❑NO • if yes,identify the firm and individual providing the service. Billy Almond&Eric Garner,W PL 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.0 Applicant signature certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Gppli[ant signior re � _�-__` V Julia W Aldrich,Trustee Pnnt Name one NIL �i -i- -2L,2-4 Date Is the applicant also the owner of the subject property? 0 Yes ❑No • It yes,you do no!need to fill out the owner disclosure statement 7/30/2024 /� e Elizabeth Nowak �l,i lt�area-xa#vt nap�a�szvaw.at�auaa rarsnraaa�e as.�,4a rcra r aaarrava.•.y...�.,.,......-...s..•a. Scott Griffith Aldrich &Julia Wareing Aldrich,Trustees of The Aldrich Family Trust Agenda Item 5 Page 20 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. Scott Griffith Aldrich &Julia Wareing Aldrich,Trustees of The Aldrich Family Trust Agenda Item 5 Page 21 Virginia Beach Planning Commission July 10, 2024, Public Meeting Item # 5 Scott Griffith Aldrich and Julia Wareing Aldrich, Trustees of the Aldrich Family Trust Recommendation: RECOMMENDED FOR APPRVOAL Discussion Ms. Cuellar: Thank you very much. Our next item is Item #5, Scott Griffith Aldrich and Julia Wareing Aldrich, Trustees under the Aldrich Family Trust. Mr. Bourdon: Again, for the record, Eddie Bourdon, Virginia Beach Attorney, representing Mr. and Mrs. Aldrich and their trust. All six conditions as recommended in the staff report are acceptable. We appreciate Elizabeth's work with my client's architect on this project. I'll put on the record the North End Civic League Zoning and Land Use Subcommittee reviewed this and they have no objections whatsoever. 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 Plumlee to read this into the record. Mr. Plumlee: The Aldrich Family Trust is the applicant. The property is 243rd Street, Virginia Beach. They're seeking and requesting a non- conformity to alter and expand an existing dwelling in Cavalier Shores neighborhood. Cavalier Shores is a historic district listed in the National Register of Historic Places. They are not being a significant alteration, it has received the recommendation of our excellent Staff and the Planning Commission is agreeable to place this 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 ##1, 4, 5, 6, 7, 8, 9, 10, 13, 14. Mr. Alcaraz: Thank you, Vice Chair. Do I have a motion to approve this? Ms. Cuellar: I move that these items be approved by consent. Mr. Alcaraz: I got a motion by Ms. Cuellar. I need a second. Mr. Coston: I need to just note abstentions. I'm sorry, 4 and 14. Mr. Alcaraz: Thank you. Okay, I got it. Let me get a second. Mr. Coston: Second. Mr. Alcaraz: Second by Mr. Coston. Any abstentions? Mr. Coston: Abstaining on items 4 and 14 for reasons set forth in a letter with the City. Mr. Alcaraz: Thank you. Ms. Cuellar: I am abstaining from the item on Pembroke Lake Circle, item #10 for reason stated in the letter that I've provided to the city attorney. Mr. Alcaraz: All right, thank you. Ms. Alcock: The vote is now open. By a vote of 10:0 with an abstention on #four, one abstention on #10, and one abstention on item #14, agenda items #1, 4, 5, 6, 7, 8, 10, 13, and 14 have been recommended for approval. Vote Tall AYE 10 NAY 0 ABS 0 ABSENT 1 Alcaraz AYE Anderson AYE B ler AYE Cromwell X Coston AYE Cuellar AYE Estaris AYE Hi en AYE Mauch AYE Parks AYE Plumlee AYE CONDITIONS 1. Except as modified by any condition below, or as necessary to meet City Development Ordinances and Standards, the Site shall be developed substantially in accordance with the concept site layout entitled "Modification of a Non-Conforming Use Exhibit of Lot 32 map of Cavalier Shores," prepared by WPL, dated April 26, 2024 and is on file in the Department of Planning and Community Development. 2. Except as modified by any condition below, or as necessary to meet City Development Ordinances and Standards, the Site shall be developed substantially in accordance with the concept renderings and elevations prepared by Serliana Architecture, dated May 28, 2024, exhibited to Planning Commission and City Council and are on file in the Department of Planning and Community Development. 3. Any variation to the proposed building materials as described in the elevations prepared by Serliana Architecture, dated May 28, 2024, may be considered subject to the review and approval of the Director of Planning and Community Development. 4. The maximum number of dwelling units on the subject Site shall not exceed two (2). 5. The minimum front yard setback shall be 15 feet, the minimum rear yard setback shall be .75 feet, the minimum setback between the primary structure and the accessory structure shall be 13 feet, and the minimum side yard setback adjacent to a street shall be 7 feet. These are deviations from dimensional standards for R-7.5 Residential in the Zoning Ordinance. 6. The minimum lot width shall be 64 feet. This is a deviation from the lot width requirement for R-7.5 Residential in the Zoning Ordinance. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. NORTH VIRGINIA BEACH CIVIC LEAGUE ZONING REVIEW COMMITTEE MEMO Members of Planning Commission City of Virginia Beach Dear Commissioners July 1,2024 Re: Scott Griffith Aldrich &Julia Wearing Aldrich,Trustees under The Aldrich Family Trust(Applicant&Property Owner), Change in Nonconformity,Address: 200 43rd Street GPIN: 2418961328, City Council: District 6(Remick)299-43rd Street,Lynnhaven District. The North Virginia Beach Civic League(NVBCL)met with the developer's land use attorney, members of the Cavalier Shores Civic League,the applicant's architect, landscape architect, and land surveyor regarding this application. The NVBCL Zoning Review Committee(ZRC)has a complete understanding of the architecture and site design proposed. We applaud the applicant for the efforts dedicated to developing well designed additions to this existing structure and the thoughtfulness extended to the site and landscape. The NVBCL ZRC supports this application as presented. Billy Almond 209- 70th Street(Abstaining) Pam Faber 411-52nd Street Willy Fluharty 303 -49d' Street Dave Jester 200- 63rd Street Jo Anne Moore 300- 55d' Street Bernice Pope 214-44d' Street Bob Roth 7406 Oceanfront Ave. Martin Waranch 111 - 66th Street Gerrie West 217- 75th Street Hobie Whitmore 311-48th Street Jay Woodard 202—74th Street(Abstaining) 1 Don Monteaux 203 43rd ST Virginia Beach,VA23451 monteauxphotogralhYnicloud.com Cell: 757-681-2808 July 8,2024 Dear Members of the Planning Commission, I am writing today to voice my support for the proposed remodeling work at 200 43rd Street, Virginia Beach, VA, 23451 (2024-PCCC-00074). The new owners have shared their plans with me and I am looking forward to having our street improved by the renovations they are planning to perform. Thank you for your consideration of their application as we all work toward continuing to make Cavalier Shores a beautiful part of Virginia Beach. Regar Don teaux Ij R7.5 � 4CA123 � ww PDH�1 R10 B2 PDHI a o � ` 0 B22 0 °o B2 �r J t R7.5 no R5D B'2 � --- Q�t Al2 d R10 QQ�' _ QQ o B2 a QQ� m 82 - -- O Q ( C:-j A�122 O 62 00 ._ B2 N ® Site Property Polygons Nova Trampoline Park Virginia Beach, LLC W E Zoning 2029 Lynnhaven Parkway s Building Feet 0 60120 240 360 480 600 720 �J CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: NOVA TRAMPOLINE PARK VIRGINIA BEACH, LLC [Applicant] ELIAS PROPERTIES SALEM CROSSING, LLC [Property Owner] Modification of Conditions to a Conditional Use Permit (Indoor Commercial Recreation Facility) for the property located at 2029 Lynnhaven Parkway (GPIN 1475868600). COUNCIL DISTRICT 7 (Wooten) MEETING DATE: August 20, 2024 ■ Background: The applicant is requesting a Modification of Conditions to a 2013 Conditional Use Permit for an approximate 18,150 square-foot Indoor Recreation Facility at the Salem Crossing Shopping Center to increase its size to 55,046 square feet and to permit other indoor recreational activities aside from trampolining. Nova Trampoline Park will provide indoor trampolines, arcade and virtual reality games, and similar amusements. Condition 7 of the current Conditional Use Permit limits the facility to trampoline-related activities only. The applicant seeks to remove this condition to permit the other amusements as described. The proposed hours or operation are similar to other Indoor Recreation Facilities and exterior alterations are limited to the installation of new signage. ■ Considerations: The proposed request for an enlarged Indoor Recreation Facility is compatible with larger-scale neighborhood shopping centers, such as Salem Crossing Shopping Center, that have on-site parking and serve as local destinations. The expansion will only be on the interior of the existing building which will require no additional parking on site. As the request is a typical use for a shopping center and the hours of operation do not begin until later in the afternoon, no significant changes are expected in traffic for the Salem Crossing Shopping Center. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. There is no known opposition to this request. ■ Recommendation: On July 10, 2024, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 10-0. 1. This Conditional Use Permit applies only to 2029 Lynnhaven Parkway, (approximately 50,046 square feet) of the Salem Crossing Shopping Center as indicated on the exhibit entitled "Proposed Renovations for Kroger — Training Center," dated April 27, 2023, and prepared by Federal Hill Architect as Nova Trampoline Park Virginia Beach, LLC Page 2 of 2 exhibited to City Council and on file with the Department of Planning & Community Development. 2. The proposed exterior building signage shall comply with the requirements of the Zoning Ordinance. 3. The applicant shall obtain all necessary permits and inspections from the Planning Department/Permit and Inspections Division, Health Department, and Fire Department. The applicant shall obtain a Certificate of Occupancy from the Building Official prior to commencing operation. 4. The facility shall operate only between the hours of 7.00 a.m. and 12.00 a.m. (midnight). 5. "Court Rules for Jumpers" shall be posted within the facility at the main entrance, visible by all who enter the facility, as well as at the entrance of each trampoline court area. 6. All individuals under thirteen (13) years of age shall be accompanied by an adult chaperone. 7. The maximum number of individuals within the facility shall not exceed the maximum number as determined by the Fire Marshal. 8. There shall be a minimum of two (2) staff members on Site at all times that are certified for First Aid and Automated External Defibrillator (AED) training. 9. There shall be no sale of alcohol at this location. There shall be no State ABC License associated with this business. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. -� Submitting Department/Agency: Planning Department City Manager: p Applicant Nova . • •. Item . • • 1 1 Property owner Elias Properties Salem Crossing, LLC 6 • • • Planning � Virginia Beach Request Modification of Conditions (Indoor Commercial Recreation Facility) 0.ID�� POD Recommendation /\ o` o� \Y Approval '= OHARE OR Staff Planner Elizabeth Nowak DOW OR Location 2029 Lynnhaven Parkway +� GPIN 1475868600 Site Size 50,046 square feet AICUZ �® Less than 65 dB DNL Watershed ' Southern Rivers Existing Land Use and Zoning District Shopping center/B-2 Community Business Surrounding Land Uses and Zoning Districts North R Shopping center, multi-family dwellings/B-2 Community Business,A-12 Apartment South ; Shopping center/B-2 Community Business East :-- p-, .•r' ' a Shopping center/B-2 Community Business West Salem Roady Park, multi-family dwellings/R-7.5 Residential, A-12 Apartment I==aa--ssL�l�tL C. ..- 1•�� „dO'�oP. Gt/. Nova Trampoline Park Virginia Beach, LLC Agenda Item 6 Page 1 Background SummaryofProposal • The applicant is requesting a Modification of Conditions to a 2013 Conditional Use Permit for an approximate 18,150 square-foot Indoor Commercial Recreation Facility at the Salem Crossing Shopping Center to increase its size to 55,046 square feet and to permit other indoor recreational activities aside from trampolining. Conditional Use Permits are required in the B-2 Community Business district for Indoor Commercial Recreation Facilities greater than 7,500 square feet.This application was deferred at the December 13, 2023 Planning Commission hearing to allow the applicant time to obtain the necessary disclosure statements from the property owner and the sub-landlord. • The applicant intends to use in the entirety of the former Kroger's Formal Training Center in the Salem Crossing Shopping Center for this use. A portion of this area had previously been used as the former Sky Zone Trampoline Park. Condition 1 of the current Conditional Use Permit limits the facility to the southernmost unit of the Salem Crossing Shopping Center and will need to be modified to include this second unit. • Nova Trampoline Park will provide indoor trampolines,arcade and virtual reality games,and similar amusements. Condition 7 of the current Conditional Use Permit limits the facility to trampoline-related activities only.The applicant seeks to remove this condition to permit the other amusements, as listed. • The proposed hours of operation will be 3:00 p.m.to 10:00 p.m., Monday through Thursday; noon to 11:00 p.m. on Friday; 10:00 a.m.to 11:00 p.m. on Saturday;and 10:00 a.m. to 10:00 p.m. on Sunday. • 25 to 35 employees are expected. • Per Section 203(a)(33)of the Zoning Ordinance,one parking space is required for every 250 square feet for a shopping center of this size.The Salem Crossing Shopping Center has 531 parking spaces.The shopping center is approximately 93,022 square feet,which requires 372 parking spaces.There is sufficient parking on site. • Exterior alterations are limited to the installation of new signage. Nova Trampoline Park Virginia Beach, LLC Agenda Item 6 Page 2 Zoning History # Request 1 CUP(Tattoo Parlor)Approved 09/06/2022 CUP(Indoor Commercial Recreational Facility)Approved 09/10/2013 CUP(Indoor Recreation)Approved 10/11/2011 MDC Approved 02/27/1996 R7.5 Al2 Al2 \�. PDH4H1 CRZ(1-1 to B-2)Approved 07/11/1995 R7.5 , ; �Y�s$ 2 MDP Approved 02/16/2021 l 3 3 CUP(Bulk Storage Yard)08/21/2018 �+ CUP(Bulk Storage Yard)09/20/2016 62 MDC Approved 02/27/1996 CRZ(1-1 to B-2)Approved 07/11/1995 R7.5 R7.5 R5- 4 CUP(Indoor Recreational Facility)Approved 08/09/2011 SD i LUP(Green Run)Approved 01/01/1974 82 6 5 CRZ(R-51)&R-10 to Conditional A-36,Conditional B-4, Conditional A-12)Approved 06/26/2007 6 CUP(Bulk Storage Yard)Approved 03/25/2003 Al2s 'Im l 2 _ 2 p B2 �- ~, - CRZ(R-5D to Conditional B-2)Approved 06/22/1999 B2 B2 8, 7 CRZ(R-51D to Conditional B-2)Approved 08/27/2002 % "2 8 CUP(Fuel Sales w/Convenience Store)Approved �2�1 09/25/2001 MDP Approved 09/25/2001 CRZ(R-51)to Conditional B-2)Approved 07/14/1998 CUP(Church)Approved 04/14/1986 9 CRZ(R-10 to A-12 with PD-H Overlay)Approved 09/22/1998 10 CRZ(R-51)to Conditional B-2)Approved 02/27/1996 it CUP(Home for the Aged)Approved 01/20/1987 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 STR—Short Term Rental Evaluation • • • In Staff's opinion,this request for a Modification of Conditions is acceptable. Indoor Recreation Facilities above 7,500 square feet are compatible with larger-scale neighborhood shopping centers, such as Salem Crossing Shopping Center, that have parking available on site and that serve as local destinations.This proposed modification provides a recreational opportunity for residents in an established retail center,which is a complementary non-residential use that is recommended in the overarching goals of the Suburban Area as defined by the Comprehensive Plan. In Staff's opinion, this is a supportable, resident-oriented reuse of the former Kroger Training Facility in this shopping center. As the expansion will only occur on the interior of the existing building,there will be no change to the overall size of the shopping center,which, in turn,will require no additional parking on site. As a typical use for a shopping center and as the proposed hours of operation do not begin until later in the afternoon, no significant changes are expected in traffic for the Salem Crossing Shopping Center. There is no known opposition to this application and Staff recommends approval subject to the following conditions and exhibits. Nova Trampoline Park Virginia Beach, LLC Agenda Item 6 Page 3 Recommended Conditions 1. This Conditional Use Permit applies only to 2029 Lynnhaven Parkway, (approximately 50,046 square feet) of the Salem Crossing Shopping Center as indicated on the exhibit entitled "Proposed Renovations for Kroger—Training Center,"dated April 27, 2023,and prepared by Federal Hill Architect as exhibited to City Council and on file with the Department of Planning&Community Development. 2. The proposed exterior building signage shall comply with the requirements of the Zoning Ordinance. 3. The applicant shall obtain all necessary permits and inspections from the Planning Department/Permit and Inspections Division, Health Department, and Fire Department.The applicant shall obtain a Certificate of Occupancy from the Building Official prior to commencing operation. 4. The facility shall operate only between the hours of 7:00 a.m. and 12:00 a.m. (midnight). 5. "Court Rules for Jumpers"shall be posted within the facility at the main entrance,visible by all who enter the facility, as well as at the entrance of each trampoline court area. 6. All individuals under thirteen (13)years of age shall be accompanied by an adult chaperone. 7. The maximum number of individuals within the facility shall not exceed the maximum number as determined by the Fire Marshal. 8. There shall be a minimum of two (2)staff members on Site at all times that are certified for First Aid and Automated External Defibrillator(AED)training. 9. There shall be no sale of alcohol at this location.There shall be no State ABC License associated with this business. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. 2013 Conditions 1. This Use Permit applies only to the southernmost building(approximately 18,300 square feet)of the Salem Crossing Shopping Center. 2. The proposed exterior building signage shall comply with the requirements of the Zoning Ordinance for signs. 3. The applicant shall obtain all necessary permits and inspections from the Planning Department/Permit and Inspections Division, Health Department, and Fire Department.The applicant shall obtain a Certificate of Occupancy from the Building Official prior to commencing operation. 4. The facility shall operate only between the hours of 7:00 a.m. and 12:00 a.m. (midnight). Nova Trampoline Park Virginia Beach, LLC Agenda Item 6 Page 4 5. "Court Rules for Jumpers,"as submitted by the applicant,shall be posted within the facility at the main entrance, visible by all who enter the facility,as well as at the entrance of each trampoline court area. 6. All individuals under thirteen (13)years of age shall be accompanied by an adult chaperone. 7. Recreational trampoline-related activities shall be the only type of indoor recreation allowed. 8. The maximum number of individuals within the facility shall not exceed the maximum number as determined by the Fire Marshal. 9. There shall be a minimum of one(1)staff member on Site at all times that is certified for First Aid and Automated External Defibrillator(AED)training. 10. There shall be no sale of alcohol at this location.There shall be no State ABC License associated with this business. Comprehensive Plan Recommendations The Comprehensive Plan identifies this area as being in the Suburban Area of the city.The vision for the Suburban Area emphasizes suburban patterns of residential development that are supported by residential services and other complementary non-residential uses,such as recreational opportunities (1-60 to 1-63). Commercial development,such as shopping centers, should be located near, but not within, residential neighborhoods and should have complementary massing,scale, and overall design.This application proposes no exterior alterations in an existing shopping center and will reuse a large,vacant commercial suite for a complementary non-residential use. ResourcesNatural & Cultural • The site is located in the Southern Rivers Watershed.There are no exterior alterations or site disturbance proposed with this application. The project will affect no historical or cultural resources. Traffic Impacts/Transportation Street Name Present Volume Present Capacity Generated Traffic Lynnhaven Parkway 24,200 ADT' Up to 36,900 ADT'(LOS°"D") No Change Anticipated Princess Anne Road 46,100 ADT Up to 74,000 ADT(LOS"D") 'Average Daily Trips Z LOS=Level of Service Master Transportation Plan (MTP) and Capital Improvement Program (CIP) The MTP lists this segment of Lynnhaven Parkway as four-lane minor arterial. Princess Anne Road is listed as an eight- lane major arterial. There are no CIP projects in the area. Nova Trampoline Park Virginia Beach, LLC Agenda Item 6 Page 5 ImpactsPublic Utility Water&Sewer The site connects to both City water and sanitary sewer. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on June 10, 2024. • As required by State Code,this item was advertised in the Virginian-Pilot on Wednesdays,June 26, 2024 and July 3, 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 June 24, 2024. • This Staff report,as well as all reports for this Planning Commission's meeting,was posted on the Commission's webpage of www.virginiabeach.gov/pc on July 3, 2024. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays,August 6, 2024 and August 13, 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 August 5, 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 August 16, 2024. Nova Trampoline Park Virginia Beach, LLC Agenda Item 6 Page 6 t Site Location a � r ' f �r f •\ � s+~Y.4N ;`Aft jw _y;,�\• . .r' rt� aR '`� _i fti t � rf1 4 �a �r •sw• ``�� �aa °,� �,r s • f ` O , ' , ♦ 7 C� RD F A� • - - w ! 1 ;�,-.�_.. •+�„"' . _'• ..mot - i��"� t ' LE E^�_ � tl'`T7 7 Nova Trampoline Park Virginia Beach, LLC Agenda Item 6 Page 7 Proposed Floor lV LA- N 0 W L a a D 00 c . 0 a � = 0 V � N - W � - I 3 .LA v Y� W ' A/ MM+ t LA 0 { Lu 0 V Nova Trampoline Park Virginia Beach, LLC Agenda Item 6 Page 8 r.. Site Photos r Loo y�� Nova Trampoline Park Virginia Beach, LLC Agenda Item 6 Page 9 Disclosure DocuSlor.EnveiopeID 5r0EDAEA 8500ADD4-A38A-3/A8228303A) .� Isclosure Statement u ` hasd!'Lesv^� ' pk.nning 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 vtrglnla Beach requiring action by the City Council or a City board,commission or other body. ApROgint Dlsdt3ttlte Applicant Name MOVA -Tral1 P,7 0—the applicant have a representative? ri Yes ❑No • if ya,kt the name f the representative. Is the applicant a corporation,pararship,firm,business,trust or an unincorporated business?P Yes ❑No • If yes,cast the names of all officers,directors,members,trustees,etc.below.(Attach a list if necessary) Yt.L�t't fir_� _ GtN Qa If yes,list the businesses that have a parent-subsidiary'or affiliated business entity=relationship with the appliaM (Attach D Net H neuuary) AAa r1 r, `�trat.;�. �1,k AIa�I u ttl da 1r��9a��Q v�tir c GU. '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 f 2.2-3101. 2"Affitiated business entity relationship means"a relationship,other than parent-subsidiary relationship,that exists when(1)one business amity has a convoiling ownership Interest In the other business entity,(11)a controlling owner in one entity Is also a corrtroilMg owner in the other entity,or(111)there Is shared management or control between the business entities. Factors that "old be considered In determining the existence of an affiliated business entity relationship include that the same person or subavnuaiiy the same person own or manage the two entitles;there ere common or commingled funds or assets:the busineu entities siwre the use of the some offices or employees or otherwise share activities,resources or panonnei on a regular basis;or there is otherwise a close working relationship between the entities.'See State and Local Government Conflict of lnterests Act.Va. Code!2.2-3101. Revised 11 09,202 i 11, age Nova Trampoline Park Virginia Beach, LLC Agenda Item 6 Page 10 ' Disclosure Disclosure Statement x onull pity Planning&C u ' � 44 ` 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 P 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,duds of trust,cross-collateralixatlon,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 01 No • If yes,identify the financial institutions providing the sery re 2 Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales or the subject property? ❑Yes 1�No . Of 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 '{tL�xf��PSS ACc-'4 It ,J T ?X_ A. / Henry Zheng 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?10 Yes ❑No f If yes,identify the firm and individual providing the service F-640 a( -e- 4006tS Christopher J. Velleca 5 1s there any other pending or proposed purchaser of the subject property?❑Yes 0 No • lfyes,Identify the purchaser and purchaser's service providers 21 Nova Trampoline Park Virginia Beach, LLC Agenda Item 6 Page 11 Disclosure Disclosure Statement Planning&Community Ikvedopment 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?D Yes ®NO • if yes,dentify the company and Individual providing the service I Dots the applicant have an engineer/surveyor/apnt 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 mdnidual providing the service Q 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 Q9 NO • If yes,Identify the firm and individual providing the service AOolicant Signature I certify that as 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 CouncH,V•DA,CbPA,Wetlands board or any public body or committee In connection with this application ApPlkattt SIMUUre L Print Nam and Title Date i Is the applicant also the owner of the subject property? ❑Y!S ®NO • If yes,you do not need to fll out the owner disclosure statement • r ra a.nit.•r•r o't• 7/30/2024 s a"'""• , EI abeth Nowak Reused 11 09 2010 3 1 Nova Trampoline Park Virginia Beach, LLC Agenda Item 6 Page 12 Disclosure Disclosure Statement (:vy.i,,,'giriu Harfi Planning&Community Development Owner Disclosure Owner Name ELIAS PROPERTIES SALEM CROSSING,LLC Applicant Name NOVA TRAMPOLINE PARK VIRGNA BEACH,LLC Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business?®Yes ❑No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Martin Elias,Managing Member Brett Elias SIB Trust,Member Sean Elias SB Trust,Member • If yes,list the businesses that have a parent-subsidiary"or affiliated business entity°relationship with the Owner. (Attach a list if necessary) Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes W 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 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 5 1 P a G e Nova Trampoline Park Virginia Beach, LLC Agenda Item 6 Page 13 Disclosure Disclosure Statement Planning&Community Development Owner Services Disclosure 1. Does the Owner have any existing financing(mortgage,deeds of trust,cross-collateralixation,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑Yes ®No • If yes,identify the financial institutions providing the service. 2. Does the Owner have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes ■No • If yes,identify the company and individual providing the service. 3. Does the Owner have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes E NO • If yes,identify the firm and individual providing the service. 4. Does the Owner have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes ® NO • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject properly?❑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 ® No • If yes,identify the company and individual providing the service. 7. Does the Owner have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?❑Yes ® No • If yes,identify the firm and individual providing the service. Revised 11-09.2020 61 1 Nova Trampoline Park Virginia Beach, LLC Agenda Item 6 Page 14 Disclosure Disclosure Statement Planning&Community r _ Development 8. Is the Owner receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?®Yes ❑No • If yes,identify the firm and individual providing legal the service. Westerman Ball Ederer Miller Zucker&Sharfstiein,H P Owner Signature certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. kl—e4-14421— . Owner Signature Martin Elias,Managing Member Print Name and Title June 3,2024 Date Revised 11.09-2020 7 1 P a g Nova Trampoline Park Virginia Beach, LLC Agenda Item 6 Page 15 Disclosure DocuSign Envelope ID:94315B9D-8B6C-44DC-AE4C-D4BE96F7D7A0 Disclosure Statement City of VvgiM.B—h Planning&Community Development Owner Disclosure Owner Name Kroger Limited Partnership I Applicant Name Nova Trampoline Park Virginia Beach,LLC Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business?0 Yes ❑No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Attached • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity"relationship with the Owner. (Attach a list if necessary) Attached 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 M 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 Conflictof Interests Act,Va. Code§2.2-3101. heoued 11.V.9.2020 5 Nova Trampoline Park Virginia Beach, LLC Agenda Item 6 Page 16 Disclosure DocuSign Envelope ID:94315B9D-8B6C-44DC-AE4C-D4BE96F7D7A0 Disclosure Statement City fv'iry-B—h Planning&Community Development Owner Services Disclosure 1. Does the Owner have any existing financing(mortgage,deeds of trust,cross-wllateralization,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 0 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. Dustin McClimon,CBRE,Inc.&Fenton Childers,S.L.Nusbaum 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 M 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 M No • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?❑Yes 0 No • If yes,identify the purchaser and purchaser's service providers. 6. Does the Owner have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?❑Yes 0 No • If yes,identify the company and individual providing the service. 7. Does the 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 R No • If yes,identify the firm and individual providing the service. Revised 11.09.2020 6 Nova Trampoline Park Virginia Beach, LLC Agenda Item 6 Page 17 Disclosure DocuSign Envelope ID:9431589D-866C-44DC-AE4C-D4BE96F7D7A0 Disclosure Statement Ci[y f UTima B—h Planning&Community Development 8. Is the Owner receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?❑Yes ® No • If yes,identify the firm and individual providing legal the service. Owner Signature I certify that all of the Information contained In this Disclosure Statement Form Is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Ow �� (e Shx Pr ldtll 1"I0 — — Robert T.Lancaster,VP,Head of Real Estate Development Date 6/20/2024 Revised 11.09.2020 7 i r a g e Nova Trampoline Park Virginia Beach, LLC Agenda Item 6 Page 18 Disclosure EXHIBrr 21.1 SUBSMI RI .S OF THE KROGER CO. 84.51 LLC[Ohio] 84.51 HQ Building Company,LLC[Ohio] Alpha Beta Company[California] Also Doing Business As: Food 4 Less Ralphs Ansonborough Square Investors I,LLC[Delaware] Ansonborough Square Retail,LLC[South Carolina] Bay Area Warehouse Stores,Inc.[California] Also Doing Business As: Foods Co. Beech Tree Holdings,LLC[Delaware] Bleecker Ventures LLC[New York] Bluefield Beverage Company[Ohio] Box Cutter,Inc.[New York] Cala Co.[Delaware] Also Doing Business As: Food 4 Less Cala Foods,Inc.[California] Also Doing Business As: Foods Co. CB @S Advertising Agency,Inc.[Oregon] Cheeses ofAH Nations,Inc.[New York) Country Oven,Inc.[Ohio] Crawford Stores,hie.[California] Creedmoor Retail,LLC[North Carolina] Dillon Companies,LLC[Kansas] Also Doing Business As: Baker's Baker's Supermarkets City Market City Market Fuel Center City Market Pharmacy Dillon Dillon Marketplace Dillon Pharmacy Gerbes Supermarkets hder-American Products King Soopers King Soopers Fresh Fare King Soopers Fuel Center King Soopers Marketplace Peyton's Fountain Dillon Real Estate Co.,Inc.[Kansas] Distribution Trucking Company[Oregon] Dotto,Inc.[Indiana] Edgewood Plaza Holdings,LLC[Ohio] Embassy International,Inc.[Ohio] []Brackets indicate state or country of incorporation or organization and do not form part of corporate name. Nova Trampoline Park Virginia Beach, LLC Agenda Item 6 Page 19 Disclosure Farmacia Doral,Inc.[Puerto Rico] Also Doing Business As: Axium Healthcare Pharmacy Puerto Rico Kroger Specialty Pharmacy Puerto Rico FM,Inc.[Utah] FMJ,Inc.[Delaware] Also Doing Business As: FMJ Ecomrnerce Fred Meyer Jewelers Mail Order fredmeyerj ewe lers.corn littrnigewelers.com Food 4 Less GM,Inc.[California] Food 4 Less Holdings,Inc.[Delaware] Food 4 Less Merchandising,Inc.[California] Food 4 Less of California,Inc.[California] Also Doing Business As: Food 4Less Food 4 Less of Southern California,Inc.[Delaware] Fred Meyer,Inc.[Delaware] Fred Meyer Jewelers,Inc.[California] Also Doing BusmwmAs: Fred Meyer Jewelers Littman Jewelers Fred Meyer Stores,Inc.[Ohio] Also Doing Business As: Fred Meyer Cork&Tap Fred Meyer Fuel Center Fred Meyer Fuel Stop Fred Meyer Pharmacy Fred Meyer Inter-American Products Peyton's Phoenix QFC QFC Cork @ Tap QFC Fuel Station/Center QFC Fuel Stop Q20 Pub Quality Food Centers Swan Island Dairy Fresh Distribution Services LLC[Ohio] Glasswing Labs LLC[Ohio] Glendale/Goodwin Realty I,LLC[Ohio] Grubstake Investments,LLC[Oregon] Harris Teeter,LLC INorth Carolina] Also Doing Business As: Hams Teeter Harris Teeter Properties,LLC[North Carolina] Harris-Teeter Services,Inc.[North Carolina] Harris Teeter Supermarkets,Inc.[North Carolina] Healthy Options Inc.[Delaware] Also Doing Business As: Columbus Central Fill Postal Prescription Services Henpil,Inc.[Texas] Hood-Clayton Logistics LLC[Georgia] []Brackets indicate state or country of incerporation or organization and do not form part of corporate name. Nova Trampoline Park Virginia Beach, LLC Agenda Item 6 Page 20 Disclosure HT Fuel DE,LLC[Delaware] HT Fuel NC,LLC[North Carolina] HT Fuel SC,LLC[South Carolina] HT Fuel VA,LLC[Virginia] HTGBD,LLC[North Carolina] HTP Bluffton,LLC[North Carolina] HTP Plaza LLC[North Carolina] HTP Relo,LLC[North Carolina] HTPS,LLC[North Carolina] HTTAH,LLC[North Carolina] Hughes Markets,Inc.[California) Also Doing Business As: Ralphs Hughes Realty,Inc.[California) Inter-American Foods,Inc.[Ohio] Inter American Products,Inc.[Ohio] IRP,LLC[Wisconsin] I.TA.,Inc.[Wisconsin] rrAC 119,LLC[North Carolina] rrAC 265,LLC[North Carolina] Jondex Corp.[Wisconsin) Jubilee Carolina,LLC[North Carolina] J.V.Distributing,Inc.[Michigan] KCDE-2 LLC[Ohio] KCDE-3 LLC[Ohio] KCDE-4 LLC[Ohio] KCDE-5 LLC[Ohio] KCDE—2013,LLC[Ohio] Kee Trans,Inc.rWkcrosin] KGO LLC[Ohio] Kiosk Medicine Kentucky,LLC[Kentucky] Also Doing Business As: The Little Clinic Kirkpatrick West Retail,LLC[Virginia] KPF,LLC[Delaware] KPS,LLC[Ohio] KRGP LLC[Ohio] Also Doing BunnessAs: Kitchen 1983 KRLP Inc.[Ohio] The Kroger Co.of Michigan[Michigan] Also Doing BusinemAs: Inter-American Products Kessel Food Markets Kessel Pharmacies Kroger Kroger Fresh Fare Kroger Marketplace Michigan Dairy Kroger Community Development Entity,LLC[Ohio] Kroger Dedicated Logistics Co.[Ohio] Also Doing Business As: KDL Kroger Fulfillment Network,LLC[Ohio] Kroger G.O.LLC[Ohio] [)Brackets indicate state or country of incorporation or organization and do not form part of corporate name. Nova Trampoline Park Virginia Beach, LLC Agenda Item 6 Page 21 Disclosure Kroger HQ LLC[Ohio] Kroger Health Navigator LLC[Ohio] Kroger Limited Partnership 1[Ohio] Also Doing Business As: Chefs Choice Catering Foods Plus Gene Maddy Drugs Inner-Amercan Products ]ayC Food Stores Kentucky Distribution Center Kroger Kroger Fresh Fare Kroger Marketplace Kroger Pharmacy Owen's Supermarket Pay Less Super Markets PeytWs Southeastern Ruler Foods Kroger Limited Partnership 11[Ohio] Also Doing Business As: Country Oven Bakery Crossroad Farms Dairy Inner-American Products K.B.Specialty Foods Kerslake Foods Pace Dairy of Indiana Peyton's Northern Winchester Farms Dairy Kroger LM Real Estate Holdings,LLC[Ohio] Kroger Management Co.[Michigan] Kroger Management—Conryville,LLC[Ohio] Kroger Management—NMTC Athens I,LLC[01tio] Kroger Management—NMTC Champaign L LLC[Ohio] Kroger Management—NMTC Champaign II,LLC[Ohio] Kroger Management—NMTC Cincimteti 1,LLC[Ohio] Kroger Management—NMTC Danville I,LLC[Ohio] Kroger Management—NMTC Logansport I,LLC[Oho] Kroger Management—NMTC Misswd I,LLC[Oho] Kroger Management—NMTC Olney I,LLC[Ohio] Kroger Management—NMTC Omaln 1,LLC[Ohio] Kroger Management—NMTC Portsmouth I,LLC[Oho] Kroger MC Holdings,LLC[Ohio] Kroger MTL Management,LLC[Ohio] Kroger NMTC Fremont I,LLC[Ohio] Kroger Opporna ity Fund I,Inc.[Ohio] Kroger OZI Inc.[Ohio] Kroger OZ2 Inc.[Ohio] Kroger OZ3 Inc.[Ohio] Kroger OZI LLC[Ohio] Kroger OZ2 LLC[Ohio] Kroger OZ3 LLC[Ohio] Kroger Prescription Plans,Inc.[Ohio] Kroger Specialty Infusion AL,LLC[Alabama] Also Doing Business As: Kroger Specialty Infusion AL []Brackets indicate state or country of incorporation or organization and do not form part of corporate name Nova Trampoline Park Virginia Beach, LLC Agenda Item 6 Page 22 Disclosure Kroger Specialty Infusion CA,LLC[California] Also Doing Business As: Kroger Specialty Infusion CA Kroger Specialty Infmion Holdings,Inc.[Delaware] Kroger Specialty Infusion TX,LLC[Texas] Also Doing Business As: Kroger Specialty Infusion TX Kroger Specialty Pharmacy CA,LLC[Delaware) Kroger Specialty Pharmacy FL 2 LLC[Delaware] Also Doing Business As: Kroger Specialty Infusion FL 2 Kroger Specialty Pharmacy Holdings,Inc.[Delaware] Kroger Specialty Pharmacy Holdings 1,Inc.[Delaware] Kroger Specialty Pharmacy Holdings 2,Inc.[Delaware] Also Doing Business As: Kroger Specialty Pharmacy CA 4 Kroger Specialty Pharmacy Holdings 3,Inc.[Delaware] Kroger Specialty Pharmacy,Inc.[Florida] Also Doing Business As: Kroger Specialty Pharmacy CA 3 Kroger Specialty Pharmacy FL Kroger Specialty Pharmacy MS Kroger Specialty Pharmacy LA,LLC[Louisiana] Also Doing Business As: Kroger Specialty Pharmacy LA Kroger Specialty Pharmacy TX Kroger Texas L.P.[Ohio] Also Doing Business As: America's Beverage Company Inter-American Products Kroger Kroger Fresh Fare Kroger Marketplace Vandervoort Dairy Foods Company KV Anderson,LLC[Delaware] Latta Village,LLC[North Carolirn] LCGP3 Home Cooking,Inc.[Delaware] The Little Clinic LLC[Delaware] The Little Clinic Management Services LLC[Delaware] The Little Clinic of Arizona LLC[Delaware] The Little Clinic of Colorado LLC[Delaware] The Little Clinic of IN LLC[Delaware] The Little Clinic of Kansas LLC[Delaware] The Little Clinic of Mississippi LLC[Delaware] The Little Clinic of Ohio LLC[Ohio] The Little Clinic of Tennessee LLC[Delaware] The Little Clinic of TX LLC[Delaware] The Little Clinic of VA LLC[Delaware] Local Mkt LLC[Ohio] Main&Vine LLC[Ohio] Main Street Sprits LLC[Ohio] Matthews Property 1,LLC[North Carolina] []Brackets indicate state or country of incorporation or organization and do not farm part of corporate name. Nova Trampoline Park Virginia Beach, LLC Agenda Item 6 Page 23 Disclosure Statement Mega Marts,LLC[Wisconsin) Also Doing Business As: Metro Market Pick'n Save Michigan Dairy,L.L.C.[Michigan] Murray's Cheese LLC[Ohio] Also Doing Business As: Murray's Cheese Murray's LIC LLC[New York] Also Doing Business As: Murray's Cheese Bar Murray's Table LLC[New Yak] Also Doing Business As. Murray's Table Pace Dairy Foods Company[Ohio] Paramount Logistics,LLC[Ohio] Pay Less Super Markets,Inc.[Indiana] Peyton's-Southeastern,Inc.[Tennessee] Also Doing Business As: Peyton's Mid-South Company PI=Labs LLC[Ohio] Pontiac Foods,Inc.[South Carolina] Queen City Assurance,Inc.[Vermont] Ralphs Grocery Company[Ohio] Also Doing Business As Food 4 Less Food 4 Less Midwest Foods Co. Inter-American Products Ralphs Ralphs Fresh Fare RBF,LLC[Wisconsin] Relish Labs LLC[Delaware] Also Doing Business As: Hone Chef ROC Southeast Properties LLC[Ohio] Rocket Newco,Inc.[Texas] Roundy's Acquisition Corp.[Delaware] Roundy's Illinois,LLC[Wisconsin] Also Doing Business As: Mariano's Rowdy's,Inc.[Delaware] Roundy's Supermarkets,Inc.[Wisconsin] Also Doing Business As: Mariano's Pharmacy RCK Foods Second Stay,Inc.[Washington] Shop-Rite,LLC[Wisconsin] Also Doing Business As: Metro Market Pick'n Save Smith's Beverage of Wyoming,Inc.[Wyomng] []Brackets indicate state or country of incorporation or organization and do not form part of corporate name. Nova Trampoline Park Virginia Beach, LLC Agenda Item 6 Page 24 Disclosure Smith's Food @.Drug Centers,Inc.[Oleo] Also Doing Business As: Fry's Food Stores Fry's Marketplace Fry's Mercado Irter-American Products Smith's Express Snuth's Food&Drug Smith's Fuel Centers Smith's Marketplace Stallings Investors I,LLC[North Carolina] Sunrise R&D Holdings,LLC[Ohio] Sunrise Technology LLC[Ohio] TLC Corporate Services LLC[Delaware] TLC Immurrizetion Clinic LLC[Delaware] TLC of Georgia LLC[Delaware] Also Doing Business As: The Little Clinic Topvaloo,Ina:.[Ohio] Ultimate Mart,LLC[Wisconsin] Also Doing BusinessAs: Metro Market Pick'n Save Ultra Mart Foods,LLC[Wisconsin] Also Doing Business As: Metro Market Pick'n Save Vine Court Assurance Incorporated[Vermont] Vitacost.com,Inc.[Delaware] Woodmont Holdings,LLC[North Carolina] []Brackets indicate state or country of incorporation or organization and do not form part of corporate name. Nova Trampoline Park Virginia Beach, LLC Agenda Item 6 Page 25 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. Nova Trampoline Park Virginia Beach, LLC Agenda Item 6 Page 26 Virginia Beach Planning Commission July 10, 2024, Public Meeting Item # 6 Nova Trampoline Park, LLC Recommendation: RECOMMENDED FOR APPROVAL Discussion Ms. Cuellar: Thank you very much. Item 6 is Nova Trampoline Park, Virginia Beach, LLC, and I understand the applicant is remote. If you could please state your name for the record. Ms. Alcock: The applicant is attempting to call into Webex at this time. He was unable to connect with the web platform. Ms. Cuellar: Thank you very much. I'd like to go back to agenda Item 6. Has the applicant been able to connect on Webex? Ms. Alcock: Yes, they have. Ms. Cuellar: Okay. Thank you for being with us here today. If you could please state your name for the record. Mr. Wang: Hi, my name is Jun Wang. I'm with Nova Trampoline Park. Ms. Cuellar: Thank you very much for being with us today, and are all the conditions acceptable to you? Mr. Wang: Yes, I accept. 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 Hippen to read this into the record. Ms. Hippen: The applicant is requesting a modification of conditions to a 2013 conditional use permit for approximately 18,150 square foot indoor commercial recreation facility at the Salem Crossing Shopping Center to increase the size to 55,046 square feet, and to permit other indoor recreational activities aside from trampolining. This application was deferred at the December 13th, 2023 planning commission hearing to allow the applicant time to obtain the necessary disclosure statements from the property owner and the sub landlord. The applicant intends to use the entirety of the former Kroger's formal training center in the Salem Crossing Shopping Center for this use. A portion of this area had previously been used as the former Sky Trampoline Park. Condition 1 of the current conditional use permit limits the facility to the southmost unit of the Salem Crossing Shopping Center and will need to be modified to include this second unit. Nova Trampoline will provide indoor trampolines, arcade, and virtual reality games and similar amusements. Condition 7 of the current conditional use permit limits the facility to trampoline related activities only. The applicant seeks to remove this condition to permit the other amusements as listed. The proposed hours of operation are 3 p.m. to 10 p.m. Monday through Thursday, noon to 11 p.m. on Friday, and 10 a.m. to 11 p.m. on Saturday, 10 a.m. to 10 p.m. on Sunday. 25 to 30 employees are expected. There is sufficient parking on site. Exterior alterations are limited to the installation of new signage. With the excellent work of our Staff getting us the information and hearing no objections, we have asked that this be put 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 ##1, 4, 5, 6, 7, 8, 9, 10, 13, 14 Mr. Alcaraz: Thank you, Vice Chair. Do I have a motion to approve this? Ms. Cuellar: I move that these items be approved by consent. Mr. Alcaraz: I got a motion by Ms. Cuellar. I need a second. Mr. Coston: I need to just note abstentions. I'm sorry, 4 and 14. Mr. Alcaraz: Thank you. Okay, I got it. Let me get a second. Mr. Coston: Second. Mr. Alcaraz: Second by Mr. Coston. Any abstentions? Mr. Coston: Abstaining on items 4 and 14 for reasons set forth in a letter with the City. Mr. Alcaraz: Thank you. Ms. Cuellar: I am abstaining from the item on Pembroke Lake Circle, item #10 for reason stated in the letter that I've provided to the City Attorney. Mr. Alcaraz: All right, thank you. Ms. Alcock: The vote is now open. By a vote of 10:0 with an abstention on #four, one abstention on #10, and one abstention on item #14, agenda items #1, 4, 5, 6, 7, 8, 10, 13, and 14 have been recommended for approval. Vote Tall AYE 10 NAY 0 ABS 0 ABSENT 1 Alcaraz AYE Anderson AYE B ler AYE Cromwell X Coston AYE Cuellar AYE Estaris AYE Hi en AYE Mauch AYE Parks AYE Plumlee AYE CONDITIONS 1. This Conditional Use Permit applies only to 2029 Lynnhaven Parkway, (approximately 50,046 square feet) of the Salem Crossing Shopping Center as indicated on the exhibit entitled "Proposed Renovations for Kroger — Training Center," dated April 27, 2023, and prepared by Federal Hill Architect as exhibited to City Council and on file with the Department of Planning & Community Development. 2. The proposed exterior building signage shall comply with the requirements of the Zoning Ordinance. 3. The applicant shall obtain all necessary permits and inspections from the Planning Department/Permit and Inspections Division, Health Department, and Fire Department. The applicant shall obtain a Certificate of Occupancy from the Building Official prior to commencing operation. 4. The facility shall operate only between the hours of 7:00 a.m. and 12:00 a.m. (midnight). 5. "Court Rules for Jumpers" shall be posted within the facility at the main entrance, visible by all who enter the facility, as well as at the entrance of each trampoline court area. 6. All individuals under thirteen (13) years of age shall be accompanied by an adult chaperone. 7. The maximum number of individuals within the facility shall not exceed the maximum number as determined by the Fire Marshal. 8. There shall be a minimum of two (2) staff members on Site at all times that are certified for First Aid and Automated External Defibrillator (AED) training. 9. There shall be no sale of alcohol at this location. There shall be no State ABC License associated with this business. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. ji B2 R 7[.5 R46, ---------- AG 77 Z/ lhop,C,/-A - R 1-5 AG R7.5 arko 7.5 lvak N Site Property Polygons Ervin James S Zoning 2336 Painters Lane Building Feet 0 1530 60 90 120 150 180 �04 1.tv s}Osi CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: ERVIN JAMES [Applicant & Property Owner] Conditional Rezoning (AG-2 Agricultural District to Conditional R-10 Residential District) for the property located at 2336 Painters Lane (GPIN 2414653251). COUNCIL DISTRICT 5 (Wilson) MEETING DATE: August 20, 2024 ■ Background: The applicant is requesting to rezone this 28,130-square-foot parcel along Painters Lane from AG-2 Agricultural District to Conditional R-10 Residential District to create two single-family residential building lots. The applicant intends to convey the existing single-family dwelling on proposed Lot B to his son and will construct a new single-family dwelling on proposed Lot A for himself. The existing single- family dwelling on the property, constructed in 1945, has approximately 850 square feet of living area. The applicant intends to construct a building addition that will increase the total floor area to 2,200 square feet, including an attached garage. Lot A will be 14,383 square feet and Lot B will be 13,748 square feet which exceeds the R-10 Residential requirement for minimum lot area of 10,000 square feet. The proposed lots meet all other dimensional requirements. The design and materials of the new single-family dwelling, as well as the proposed building addition to the existing home have been proffered. Building materials will include architectural shingles, premium vinyl siding, cementitious siding, brick, stone and dryvit and will be compatible with the existing surrounding properties. ■ Considerations: The request for conditional rezoning is consistent with the Comprehensive Plan's vision for the Suburban Area. The proposed single-family dwelling will improve the aesthetics for the adjoining property owners and those traveling along Painters Lane as it will be developed to be compatible with the surrounding residential homes in size and design, as proffered. The site is located in the 65-70 dB DNL noise zone, Sub-Area 2, and was considered by the Joint City-Navy Review Process (JRP) Group. The proposed density of 3.1 acres complies with Section 1804(c)(2) of the Zoning Ordinance for AICUZ Restrictions and was found to be an acceptable density for this property and is similar to and, in some instances, lower than the surrounding densities in this area. Further details pertaining to the application, as well as Staff's evaluation, Ervin James Page 2 of 2 are provided in the attached Staff Report. There is no known opposition to this request. ■ Recommendation: On July 10, 2024, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 10-0. PROFFERS Proffer 1: When the Property is developed, it shall be subdivided into two (2) single family residential building lots with separate driveway entrances from Painters Lane situated substantially as shown on the exhibit entitled, "REZONING EXHIBIT FOR ERVIN JAMES, 2336 PAINTERS LANE, VIRGINIA BEACH, VIRGINIA", dated 04/29/24, prepared by Colliers Engineering and Design, which has been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning & Community Development (hereinafter "Rezoning Exhibit"), which is incorporated herein by reference. Proffer 2: When the existing home upon LOT B -13,747.7 Sq. Ft. depicted on the Rezoning Exhibit is renovated and expanded, or removed and replaced it shall contain a minimum of 2,200 square feet of living area and a two (2) car garage, as will the new home to be constructed on LOT A - 14,382.5 Sq. Ft. The new home to be constructed on LOT A and any new home constructed to replace the existing home on LOT B shall utilize only the following exterior building materials: architectural shingles, premium vinyl siding, cementitious siding, brick, stone and dryvit. Proffer 3: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City codes by all cognizant City agencies and departments to meet all applicable City code requirements. ■ Attachments: Staff Report and Disclosure Statements Location Map Proffer Agreement Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. --� Submitting Department/Agency: Planning Department City Manager: , BPlanning • • • 1 1 Applicant & Property Owner Ervin James Agenda Item City Council District 5 • cFni Virginia Beach Request Conditional Rezoning (AG-2 Agricultural District to Conditional R-10 Residential District) Staff Recommendation Approval 117 GIDEONRD AT Staff Planner ��� `gam �% Marchelle Coleman Location G4 °"W9 2336 Painters Lane °, 4�1Rkc' "w GPIN "ba % 0. r M°pkwl 2414653251 �t, "•<<► Site Size �`r 4"?9pR 28,130 square feet RE avF CORD �M�"OC' AICUZ 65-70 dB DNL; Sub-Area 2 Watershed Y Southern Rivers Existing Land Use and Zoning District Single-family dwelling/AG-2 Agricultural Surrounding Land Uses and Zoning Districts nY'. North �t Painters Lane Single-family dwellings/R-7.5 Residential fit" South R Nimmo Parkway �* Undeveloped lots, single-family dwellings/AG- 2 Agricultural, R-7.5 Residential East . ` l"v u, , Single-family dwelling/ R-15 Residential West " Undeveloped lot/AG-2 Agricultural Ervin James Agenda Item 1 Page 1 Background & Summary of Proposal • The applicant is requesting to rezone this 28,130-square-foot parcel along Painters Lane from AG-2 Agricultural District to Conditional R-10 Residential District to create two single-family residential building lots. • The applicant intends to convey the existing single-family dwelling on Proposed Lot B to his son and will construct a new single-family dwelling on proposed Lot A for himself. • The existing single-family dwelling on the property, constructed in 1945, has approximately 850 square feet of living area.The applicant intends to construct a building addition that will increase the total floor area to 2,200 square feet, including an attached garage. • The R-10 Residential District requires a minimum lot area of 10,000 square feet,a minimum 80-foot lot width,and a minimum 30-foot front yard setback.As depicted on the proffered rezoning exhibit, Lot A will be 14,383 square feet in size and Lot B will be 13,748 square feet in size;thereby,exceeding the minimum lot area required in the R-10 zoning district. Each lot also meets or exceeds all other dimensional requirements for parcels in the R-10 Residential District. • The applicant is proffering the design and materials of the new single-family dwelling,as well as the building addition proposed for the existing single-family home. Building materials include architectural shingles, premium vinyl siding, cementitious siding, brick,stone, and dryvit. • As the site is located in the 65-70 dB DNL noise zone, Sub-Area 2,the application was considered by the Joint City- Navy Review Process (JRP)Group. Section 1804(c)of the Zoning Ordinance provides regulations that apply to discretionary development applications for residential uses with this AICLIZ. Details of the JRP's findings are provided in the Evaluation Section of this report. RZ5 RJR \ a..,. Zoning History # Request A 1 SVR(Lot Width Reduction)Approved 06/23/2016 2 NON Approved 09/24/2013 CRZ(AG-2 to Conditional 0-2)Approved 11/08/1995 15 Cup(Athletic Club)Approved 11/08/1995 R7.5 pyMpP141 3 CRZ(AG-2 to Conditional B-2)Approved 07/07/2009 AG R7.5 7 5 Application Types CUP—Conditional Use Permit MDC—ModificationofConditions STC—Street Closure TSTR ubdivision Variance REZ—Rezoning MDP—ModificationofProffers FVR—FloodplainVariance Land Use Plan CRZ—Conditional Rezoning NON—Nonconforming Use ALT—Alternative Compliance hort Term Rental EvaluationRecommendation The request to rezone this 28,130 square-foot site from AG-2 Agricultural District to Conditional R-10 Residential District, in Staff's opinion, is consistent with the Comprehensive Plan's vision for the Suburban Area. Development within this Ervin James Agenda Item 1 Page 2 area focuses on creating and maintaining Great Neighborhoods. Achieving this goal relies on the ability of development to maintain and enhance the existing neighborhood,to be compatible with surroundings, and provide quality and attractive buildings that provide effective buffering and livability. In Staff's view,the proposed single-family dwelling will improve the aesthetics for the adjoining property owners and those traveling along Painters Lane.The proposed single- family home will be developed to be compatible with the surrounding residential homes along Painters Lane in size and design,as proffered. The proposed density is 3.1 units per acre and complies with Section 1804(c)(2) of the Zoning Ordinance for AICUZ restrictions. After a compatibility review of densities of surrounding properties,the JRP Group found that the 3.1 units per acre is an acceptable density for this property and is similar to and, in some instances, lower than the surrounding densities in this area. Overall,the JRP group finds this proposal to be consistent with the Comprehensive Plan and City Zoning Ordinance requirements for an infill project,as the density proposed is comparable to the surrounding properties. While this site is located within the Southern Rivers watershed, a preliminary stormwater analysis is not required,since the proposed development is considered to be single-family infill development and qualifies to use an agreement-in- lieu of a Stormwater Management plan.This agreement, allowed by the State Code, does not exempt the development from meeting all applicable stormwater requirements; however, it relies on the design professional to certify the design meets all applicable stormwater requirements and does not require review or approval of the design by staff. Based on the considerations above,Staff recommends approval of this request subject to the proffers below. Proffers The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA).The applicant, consistent with Section 107(h)of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved,the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. Proffer 1: When the Property is developed, it shall be subdivided into two (2) single family residential building lots with separate driveway entrances from Painters Lane situated substantially as shown on the exhibit entitled, "REZONING EXHIBIT FOR ERVIN JAMES, 2336 PAINTERS LANE,VIRGINIA BEACH,VIRGINIA", dated 04/29/24, prepared by Colliers Engineering and Design,which has been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning&Community Development (hereinafter"Rezoning Exhibit"),which is incorporated herein by reference. Proffer 2: When the existing home upon LOT B-13,747.7 Sq. Ft. depicted on the Rezoning Exhibit is renovated and expanded, or removed and replaced it shall contain a minimum of 2,200 square feet of living area and a two (2) car garage, as will the new home to be constructed on LOT A-14,382.5 Sq. Ft.The new home to be constructed on LOT A and any new home constructed to replace the existing home on LOT B shall utilize only the following exterior building materials: architectural shingles, premium vinyl siding, cementitious siding, brick,stone and dryvit. Proffer 3: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City codes by all cognizant City agencies and departments to meet all applicable City code requirements. Staff Comments:Staff has reviewed the Proffers listed above and finds them acceptable. The City Attorney's Office has reviewed the agreement and found it to be legally sufficient and in acceptable legal form. Ervin James Agenda Item 1 Page 3 Comprehensive • • . • The Comprehensive Plan identifies this site as being located within the Suburban Area.The general planning principles for the Suburban Area focus on creating and maintaining great neighborhoods through stability and sustainability; protecting and enhancing open spaces and places of cultural and historical significance;and creating and maintaining a transportation system that provides connectivity and mobility.Achieving these goals requires that all land use activities either maintain or enhance the existing neighborhood through compatibility with surroundings,quality and attractiveness of site and buildings, improved mobility, environmental responsibility, livability, and effective buffering with respect to type, size, intensity and relationship to surrounding uses. (pg.1-59 to 1-68). 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.There does not appear to be any significant natural or cultural resources associated with this site. Traffic Impacts/Transportation Street Name Present Volume Present Capacity Generated Traffic Painters Lane No Data Available Existing Land Use 2-10 ADT Proposed Land Use 3—20 ADT 'Average Daily Trips 2 as defined by a single-family 3 as defined by two-single family 4 LOS=Level of Service dwelling dwellings Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Painters Lane, in the vicinity of this application, is considered a two-lane undivided local cul-de-sac street. The existing infrastructure currently resides in a 50-foot right-of-way. It is not included in the MTP and there are no roadway CIP projects slated for this area. Public Utility Impacts Water There is an existing eight-inch city water main along Painters Lane. Each proposed parcel must connect to city water with a separate and exclusive water service tap. Sewer There is an existing eight-inch city sanitary sewer gravity main and 20-inch city sanitary sewer force main along Nimmo Parkway. Each proposed parcel must connect to city sanitary sewer with a separate and exclusive sewer service tap. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on June 10, 2024. • As required by State Code,this item was advertised in the Virginian-Pilot on Wednesdays,June 26, 2024 and July 3, 2024. Ervin James Agenda Item 1 Page 4 • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on June 24, 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 July 3, 2024. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, August 6, 2024 and August 13, 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 August 5, 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 August 16, 2024. Ervin James Agenda Item 1 Page 5 INFORMATION OF FACT _--- • C.Of�rO r. niarain�cww.unr ruReu w4vero..•K tMmpY ryrr< 4.._.. - m.ironreeq+evrtxow�u w.cu r z .omzn+ru wnn•ra�n�wmuwu wxunarn�Fwoq�wrsu nrnr N/MMO PARKWA y �'^M"^6 aDtlg i nerwmrstwvm Hzua�ecxuwmrzone�a¢y (VAR.AIOTk R/lY) • e mower—.ka 'P/N(F) "��r44 1aS,J5•!Petro) �::�.r x;..., 1'Bs__ - - • tip -7' 70 9 IfIARREM ALLEN / EXISTING PARCEL W ITMARE JR. / (24MU Sn Fr , NO. 003520 / aR aW AD" �N0 S1RVt• / o� LOTS / (1.1 a,n FE R S ry�� LOTA / �' ON dXf A0" q�` 1' S �r LANDS N/F / f`°off 6 (14xFL5 sa fT. PM4 PAM/ER5 LANE '3,� o W O.JAT AQ" H /Al 9WCA10 A t PARKER . / 0' CYNIMA PRIM LOT 10 RED AAEL FOREST (ALB.25T.P6 11-1J 2414-65-5144- q y (pV OpA I p� zavE:R-15/ Lk 44 x 2 2 >� PAM LAAAe r z-- NAAA%0N RaW lssuuvMe>u�r y���� JO'R51. JO'es.t. SAA MV 0PARGM A711rC► ra L� M1 I�307 Pr. --M-?206-10 GO IAME4 271E A02 n0PAMfl' LVCE FewsaAwiaeomalul :_ ��aiauFwa 255.OA'TO PC vn mNN S / PIN(Fj 11a81' 111.41' 700FA'.70 LANE 0h• a / S 7OY1'49-E 222.22'(FIELD) PM(F) S 7079W'E 224.40'(PUT) PAINTERS LANE 4 (F.K.A.DAMS LAND ROAD) 20 0 20 _ (VAR. M01N R/1F) , SCALE:7"=20' RZOMA G F X1&T > snecnsnARLM OFneARM M 1d1 m , tv � v r+ orq 1D a1 1D M N Lm JRP Letter JOINT CITY-NAVY REVIEW PROCESS GROUP FINDINGS (PER THE 20DS MEMORANDUM OF UNDERSTANDING BETWEEN NAVAL AIR STATION OCEANA&CITY OF VIRGINIA BEACH) Applicant: Ervin James Meeting Date: May 29,2024 2875 Sabre Street,Suite 500 Meeting Location: Virginia Beach,VA 23452 Applicant: Eddie Bourdon,Applicant's Representative Joint Navy-City Staff Group: John Lauterbach,NAS Oceana/Aviation-AICUZ Technical Advisor Attending: Kathy Warren,City of Virginia Beach/Planning Carrie Bookholt,City of Virginia Beach/Planning Kaitlen Alcock,City of Virginia Beach/Planning Kevin Kemp,City of Virginia Beach/Planning Marchelle Coleman,City of Virginia Beach/Planning B.Kay Wilson,City Attorney's Office Victoria Eisenberg,City Attorney's Office Ervin James Agenda Item 1 Page 7 JRP Letter Joint Review Process Group 2336 Painters Lane GPIN 2414653251 BACKGROUND Site Location: 2336 Painters Lane AICUZ: Partially located within 65-70 dB DNL;Sub-Area 2 Existing Zoning: AG-2 Agricultural Existing Use: Single-Family Dwelling Proposed Use: Two Single-Family Dwellings Rezone a 28,130 square foot parcel from AG-2 Agricultural District to Conditional Request: R-10 Residential District to create two single-family residential building lots. "As part of the Virginia Beach Zoning Ordinance, the administration of Article 18,Special Regulations in Air Installations Compatible Use Zones (AICUZ), is wholly the responsibility of City of Virginia Beach staff. Participation in the Joint Review Process Group by U.S.Navy personnel assigned to Naval Air Station Oceans is limited to providing technical advice on matters such as the U.S.Navy AICUZ Instruction,from which Article 18 is derived,and questions pertaining to naval air operations. All conclusions and opinions with respect to on application's adherence to the requirements of Article 18 ore solely those of the City of Virginia Beach staff." RELEVANT FACTS ASSOCIATED WITH PROPOSAL The applicant is requesting an evaluation to rezone a 28,130 square foot parcel from AG-2 Agricultural District to Conditional R-10 Residential District to create two single-family residential building lots, resulting in a density of 3.1 units per acre. The western portion of the site is located within the 65 to 70 dB DNL AICUZ(Sub-Area 2).Section 1804(c)of the Zoning Ordinance provides regulations that apply to discretionary development applications for residential uses with this AICUZ. 2 Ervin James Agenda Item 1 Page 8 JRP Letter Joint Review Process Group 2336 Painters Lane GPIN 2414653251 APPLICABLE ZONING ORDINANCE PROVISIONS Sec.1803(a)--Applicability The provisions of this Article(18)shall apply to discretionary development applications for any property located within an Accident Potential Zone(APZ)or 65-70 dB DNL,70-75 dB DNL,or>75 dB DNL Noise Zone,as shown on the official zoning map,that have not been approved or denied by the city council as of the date of adoption of this Article.For purposes of this Article,discretionary development applications shall include applications for-- 1) Re-zonings,including conditional zonings; 2) Conditional use permits for new uses or structures,or for alterations or enlargements of existing conditional uses where the occupant load would increase; 3) Conversions or enlargements of nonconforming uses or structures,except where the application contemplates the construction of a new building or structure or expansion of an existing use or structure where the total occupant load would not increase;and 4) Street closures where the application contemplates the construction of a new building or structure or the expansion of a use or structure where the total occupant load is increased. Section 1804(c)(2)—Discretionary Development Applications for Residential Uses: (2) For property within Sub-Area 2 of the 65-70 dB DNL Noise Zone, discretionary development applications for residential uses may be approved only if the City Council finds that the proposed development: i. Is at a density similar to or lower than that of surrounding properties having a similar use and no greater than recommended by the Comprehensive Plan;and ii. Conforms to the applicable provisions of the Comprehensive Plan,including,without limitation, the Princess Anne Corridor Study, Princess Anne Commons Design Guidelines, or Mixed-Use Development Guidelines. 3 Ervin James Agenda Item 1 Page 9 JRP Letter Joint Review Process Group 2336 Painters Lane GPIN 2414653251 EVALUATION The Joint Review Process Group(JRP)evaluated this request for compliance with the above provisions of Section 1804(c)(2)of the City Zoning Ordinance. Residential developments within this area of the AICUZ are recommended to have a density of similar to or lower than that of surrounding properties. The residential density of the surrounding area varies between 0.95 to S.8 units per acre.The proposed development with up to two single family units will result in a density of 3.1 units per acre,thereby resulting in a density comparable to the surrounding area. Regarding Section 1804(c)(2)(ii)of the Zoning Ordinance,the Comprehensive Plan recognizes the need to balance community growth with the Navy's mission. As noted in the Plan, the AICUZ Sub-Areas are designed to achieve this balance through a comparison of densities and uses with review of discretionary proposals by the Joint Review Process(JRP)Group.The proposed development site is located within the Suburban Area,where general planning principles focus on creating and maintaining great neighborhoods through stability and sustainability; protecting and enhancing open spaces and places of cultural and historical significance;and creating and maintaining a transportation system that provides connectivity and mobility. Achieving these goals requires that all land use activities either maintain or enhance the existing neighborhood through compatibility with surroundings, quality and attractiveness of site and buildings,improved mobility,environmental responsibility,livability,and effective buffering with respect to type,size,intensity and relationship to surrounding uses. It is the opinion of the Joint Review Process Group that based on criteria established for discretionary proposals in Sub-Area 2 as described above,that a residential density of 3.1 units per acre is the highest density acceptable for this property and is consistent with the recommendations of Section 1804(c)(2)of the Zoning Ordinance. For the City-Navy Joint Review Process Group— ` "ar;tie Kaitlen Alcock Planning Administrator Department of Planning and Community Development 4 Ervin James Agenda Item 1 Page 10 Site Photos of TM t # .1 lr Disclosure Disclosure Statement city of V*.i.8m h _ - ,_ 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 Ervin James 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) • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity-relationship with the applicant. (Attach a list if necessary) "Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA Code§2.2.3101. "Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;o• 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 � Ervin James Agenda Item 1 Page 12 ' Disclosure Disclosure Statement 1 cyru-f vivmo e•ifi Planning&Community Development% Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes ® No • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑Yes ® No • If yes,identify the financial institutions providing the service. 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes ® No • If yes,identify the company and individual providing the serv,ce 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 2 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 i1 Ervin James Agenda Item 1 Page 13 Disclosure Disclosure Statement tYIY o(Yu9+�Dmd � 3 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 • If yes,identify the company and individual providing the service. TBD 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?0 Yes ❑No • If yes,identify the firm and individual providing the service. Allen Whitmore,Colliers Engineering&Design S. 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?M 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. Applicant Signature Ervin James Print Name and Title April 30,2024 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. 0• rITY HSF• ® No changes as of Date 7�30/2024 Signature Print Name Marchelle L. Coleman 31 Ervin James Agenda Item 1 Page 14 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-5692. • 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. Ervin James Agenda Item 1 Page 15 ERVIN JAMES TO (PROFFERED COVENANTS,RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH THIS AGREEMENT, made this 291h day of April, 2024, by and between ERVIN JAMES, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia,Grantee. WITNESSETH: WHEREAS, the Grantor is the owner of a certain parcel of property located in the City of Virginia Beach, containing approximately 28,130.2 square feet which is more particularly described in Exhibit"A" attached hereto and incorporated herein by this reference, Said parcel is herein referred to as the"Property";and WHEREAS, the Grantor has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach,Virginia,by petition addressed to the Grantee so as to change the Zoning Classification of the Property from AG-2 Agricultural District to Conditional R-10 Residential District;and WHEREAS,the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit differing types of uses on and in the area of the Property and at the same time to recognize the effects of change that will be created by the Grantor's proposed rezoning,certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to resolve the situation to which the Grantors' rezoning application gives rise; and WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map GPIN: 2414-65-3251-0000 Prepared by&Return to: R.Edward Bourdon,Jr.,Esq.,VSB#22160 Sykes,Bourdon,Ahern&'Levy,P.C. 4429 Bonney Road Suite 500 Virginia Beach,Virginia 23462 with respect to the Property, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantor, his successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or QlLid pro puo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development,operation, and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property,which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, his successors,personal representatives,assigns,grantees,and other successors in interest or title: 1. * When the Property is developed, it shall be subdivided into two (2) single family residential building lots with separate driveway entrances from Painters Lane situated substantially as shown on the exhibit entitled, "REZONING EXHIBIT FOR ERVIN JAMES, 2336 PAINTERS LANE, VIRGINIA BEACH, VIRGINIA", dated 04/29/24, prepared by Colliers Engineering and Design,which has been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning & Community Development (hereinafter "Rezoning Exhibit"),which is incorporated herein by reference. 2. When the existing home upon LOT B - 13,747.7 Sq. Ft. depicted on the Rezoning Exhibit is renovated and expanded,or removed and replaced it shall contain a minimum of 2,200 square feet of living area and a two (2) car garage, as will the new home to be constructed on LOT A - 14,382.5 Sq. Ft.. The new home to be constructed on LOT A and any new home constructed to replace the existing home on LOT B shall utilize only the following exterior building materials:architectural shingles,premium vinyl siding,cementitious siding,brick,stone and dryvit. 3. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City codes by all cognizant City agencies and departments to meet all applicable City code requirements. All references hereinabove to the R-10 Residential District and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision 2 Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council,which are by this reference incorporated herein. The above conditions,having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee,after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent,and if not so recorded,said instrument shall be void. The Grantor covenants and agrees that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority(a)to order,in writing,that any noncompliance with such conditions be remedied;and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction,abatement, damages, or other appropriate action,suit,or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator,made pursuant to these provisions, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning 3 Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia,and indexed in the names of the Grantor and the Grantee. 4 WITNESS the following signature and seal: Grantor: r= , (SEAL) Ervin a es STATE OF VIRGINIA CITY OF VIRGINIA BEACH,to wit: The foregoing instrument was acknowledged before me this 301h day of April, 2024, by Ervin James,Grantor. f Notary Public My Commission Expires: August 31,2026 ++••••p,CIJTA•R��i,�. Notary Registration Number:192628 +++0�o o�y o y '' •.�+ • D to � � . r � NA C� '•�'OG '�jq t �,�r Q 5 EXHIBIT "A" ALL THAT certain lot,piece or parcel of property with the improvements thereon situate in the City of Virginia Beach (the"City"),being the northern residue portion of Tract 3 as shown on that certain plat (the"Plat") entitled "Plat Showing Property Acquired by The City of Virginia Beach From Earnest&Alexzenia James Princess Anne-Virginia Beach,Virginia Bureau Of Surveys And Mapping" dated July 21, 1981, and recorded in the Office of the Clerk of the Circuit Court of the City in Deed Book 2221,at Page 03332 which parcel is further bounded and described as follows: Beginning at the point of intersection of the southern right-of-way line of Painters Lane and the northwestern boundary line of a 20' Private Entrance Road; thence, S 47' 38' 45"W a distance of 185.90'±to the point of intersection with the northern boundary line of the parcel designated as"Proposed Ferrell Parkway"on the Plat; thence, S 661 55' 09"E along the northern boundary line of Proposed Ferrell Parkway a distance of 165.93'± to the point of intersection with the western boundary line of Tract 3 as shown on the Plat; thence, N 25' 44' 32" E a distance of 158.79'±to the point of intersection with the southern right-of-way line of Painters Lane;thence, S 70'39' S3" E along the southern right-of-way line of Painters Lane a distance of 224.40'to the Point of Beginning. GPIN: 2414-65-3251-0000 W\AM\"Conditional Rezoning\"James\ProfferAgreement.docx 6 Virginia Beach Planning Commission July 10, 2024, Public Meeting Item # 1 Ervin James Recommendation: RECOMMENDED FOR APPROVAL Discussion Mr. Alcaraz: Alright, great. Thanks for reminding me on that. At this time, I'd like to pass it on to our vice-chair for the consent agenda. Ms. Cuellar: Thank you very much. Today, we have nine 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. I'd like to go ahead with Item #1, Ervin James, please. Is there a representative here today? Mr. Bourdon: Thank you, Ms. Cuellar, Mr. Chairman, members of the commission, for the record, Eddie Bourdon, Virginia Beach Attorney, representing Mr. James. Mr. James application, he's the owner of this property for his family for close to a century. We appreciate the work of Marchelle Coleman, and the JRP group, and all the conditions as, excuse me, it's proffered, I'm sorry. We appreciate being on consent. Thank you very much. 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, Commissioner Mauch to read this into the record. Mr. Mauch: The applicant is requesting to rezone this 28,130 square foot parcel along Painter's Lane from AG-2 Agricultural District to Conditional R- 10 Residential District to create two-single family residential building lots. The request to rezone this site from AG-2 to Conditional R-10 is consistent with the Comprehensive Plan's vision for the suburban area development, within this area focuses on creating and maintaining great neighborhoods. Based on the consideration, staff recommendation, and the commission recommends approval of this request subject to the proffers. 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 #1, 4, 5, 6, 7, 8, 9, 10, 13, 14. Mr. Alcaraz: Thank you, Vice Chair. Do I have a motion to approve this? Ms. Cuellar: I move that these items be approved by consent. Mr. Alcaraz: I got a motion by Ms. Cuellar. I need a second. Mr. Coston: I need to just note abstentions. I'm sorry, 4 and 14. Mr. Alcaraz: Thank you. Okay, I got it. Let me get a second. Mr. Coston: Second. Mr. Alcaraz: Second by Mr. Coston. Any abstentions? Mr. Coston: Abstaining on items 4 and 14 for reasons set forth in a letter with the city. Mr. Alcaraz: Thank you. Ms. Cuellar: I am abstaining from the item on Pembroke Lake Circle, item #10 for reason stated in the letter that I've provided to the city attorney. Mr. Alcaraz: All right, thank you. Ms. Alcock: The vote is now open. By a vote of 10:0 with an abstention on #4, one abstention on #10, and one abstention on item #14, agenda items #1, 4, 5, 6, 7, 8, 10, 13, and 14 have been recommended for approval. Vote Tally AYE 10 NAY 0 ABS 0 ABSENT 1 Alcaraz AYE Anderson AYE B ler AYE Cromwell X Coston AYE Cuellar AYE Estaris AYE Hi en AYE Mauch AYE Parks AYE Plumlee AYE PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. Proffer 1: When the Property is developed, it shall be subdivided into two (2) single family residential building lots with separate driveway entrances from Painters Lane situated substantially as shown on the exhibit entitled, "REZONING EXHIBIT FOR ERVIN JAMES, 2336 PAINTERS LANE, VIRGINIA BEACH, VIRGINIA", dated 04/29/24, prepared by Colliers Engineering and Design, which has been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning & Community Development (hereinafter "Rezoning Exhibit"), which is incorporated herein by reference. Proffer 2: When the existing home upon LOT B -13,747.7 Sq. Ft. depicted on the Rezoning Exhibit is renovated and expanded, or removed and replaced it shall contain a minimum of 2,200 square feet of living area and a two (2) car garage, as will the new home to be constructed on LOT A - 14,382.5 Sq. Ft. The new home to be constructed on LOT A and any new home constructed to replace the existing home on LOT B shall utilize only the following exterior building materials: architectural shingles, premium vinyl siding, cementitious siding, brick, stone and dryvit. Proffer 3: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City codes by all cognizant City agencies and departments to meet all applicable City code requirements. Staff Comments: Staff has reviewed the Proffers listed above and finds them acceptable. The City Attorney's Office has reviewed the agreement and found it to be legally sufficient and in acceptable legal form. y 02 .� �o ��'� A1-2 ��y Q \ PDH1 PDH�1 � you .�►�' Bch 4''Qo Ape• �q► �t0 o /j`lo 00 ��� c'o PDH1 o � QED N ® Site _ Property Polygons Green Clean Holland, LLC W E Zoning 4245 Holland Road S Building Feet 0 2550 100 150 200 250 300 1� 1ADaF.1'�tt f0` .ys yj1 I �� Sl (: f� t � CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: GREEN CLEAN HOLLAND, LLC [Applicant] ALP & ALEX ASLAN [Property Owners] Conditional Use Permit(Car Wash Facility) for the property located at 4245 Holland Road (GPIN 1476963446). COUNCIL DISTRICT 10 (Rouse) MEETING DATE: August 20, 2024 (Deferred at the July 9, 2024 CC Hearing) ■ Background: The applicant is requesting a Conditional Use Permit to adapt an existing, vacant former Rite-Aid building for use as a Car Wash Facility. The subject property is located in the Timberlake Shopping Center and under the Timberlake Land Use Plan and is subject to the B-2 Community Business use table. The applicant's intent is to make minor alterations to the exterior of the building, including the removal of the "Rite-Aid" gables, removal of the drive-thru canopy and drive-thru lane, and addition of overhead garage doors to accommodate vehicular ingress/egress. The adaptation would occur entirely within the building envelope. The applicant is also proposing 17 exterior vacuum stations, 8 interior vacuum stations, a new sidewalk to connect pedestrians from Holland Road to the interior of the Timberlake Shopping Center, and enhanced landscaping. ■ Considerations: While the proposed reuse of this building is innovative and though the concept plan improves existing site landscaping, the overall use and proposal do not conform to recommendations in the Comprehensive Plan. The subject property has a prominent location at the southwest corner of the intersection of Holland Road and S Plaza Trail. The northern and eastern corners are already auto-centric uses— an automobile service station and a drive-thru restaurant respectively—and the addition of a Car Wash Facility would commit three of the four corners almost exclusively to auto-oriented businesses. The Comprehensive Plan identifies this area as being part of the Suburban Area and calls for complementary non-residential uses at edges of residential areas to provide goods, services, and employment to nearby residents. While car washes can be considered a complementary non-residential use, they are also strictly auto-centric and auto-dependent. This area is further identified in the recently adopted Commercial Area Pattern Book (CAPB) as an aging shopping center that is ripe for redevelopment as a mixed-use center. Specifically, the CAPB recommends outparcels of shopping centers like the Timberlake Shopping Center to be redeveloped as "the face of the development and (extension of) the neighborhood" in which is located. This proposal will reuse a building, but it does Green Clean Holland, LLC Page 3 of 3 7. No window or outdoor advertising banners, pennants, streamers or other such visual devices beyond those permitted by the City Zoning Ordinance shall be permitted on the property. 8. No water produced by activities at the facility lot shall be permitted to fall upon or drain across public streets or sidewalks or adjacent properties. 9. All on-site signage shall meet the requirements of the City Zoning Ordinance. Any freestanding signage shall be limited to one monument-style sign that shall be no taller than eight feet in height and shall be constructed with a base to match the proposed building in terms of color and material. There shall be no signs that contain or consist of pennants, ribbons, streamers, spinners, strings of light bulbs, or other similar moving devices on the site or on the vehicles. There shall be no signs which are painted, pasted, or attached to the windows, utility poles, trees, or fences, or in an unauthorized manner to walls or other signs. 10.Prior to final site plan approval, a Lighting Plan in accordance with Sections 252 and 254 of the Zoning Ordinance, or as amended, shall be approved by the Department of Planning and Community Development. 11. The applicant shall be responsible for installation of five-foot wide sidewalks along the property lines fronting Holland Road and S Plaza Trail. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Denial. Planning Commission recommends Denial. Submitting DepartmenVAgency: Planning Department ckk+ City Manager: 47.�) Green Clean Holland, LLC Page 2 of 3 not meet these recommendations for mixed-use, pedestrian-oriented redevelopment. Sustainable redevelopment goes beyond merely reusing a building, especially when that reuse is dedicated to the continued service of automobiles. Lastly, the Holland Road Phase I CIP project is approved for this area of Holland Road to reconfigure the roadway into a 6-lane superstreet. It will also add a continuous 5-foot-wide sidewalk on both sides of Holland Road, LED streetlights, and bus shelters. The project has not entered the design phase yet; it is uncertain at this time if/how the project could affect this property and its access on Holland 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. ■ Recommendation: On May 8, 2024, the Planning Commission passed a motion to recommend denial of this request by a vote of 8 to 3. If the City Council chooses to approve the request, Staff recommends the following conditions: 1. The site shall be developed in substantial conformance with the submitted concept site and landscaping plan entitled "Carwash Concept Virginia Beach, VA", prepared by Kimley-Horn, and dated 4/1/2024, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning. 2. The structure will be constructed in substantial conformance with the submitted elevation entitled "Green Clean Express Auto Wash-4247 Holland Road, Virginia Beach, VA" prepared by SBA Studios, and dated 4/9/2024, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. The proposed structure shall be constructed of a similar type of material, color, and trim as the existing structure. 3. The vacuum stations shall have an all-black assembly, including hoses, receptacles, black posts, as depicted in the graphic as exhibited in the staff report and prepared by the applicant, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 4. Lights in the vacuum stations shall be turned off at the end of the business day. 5. All site lighting, including lighting on pay stations and vacuums, shall be white light; no colored lighting is permitted. 6. Final design of the pay stations are subject to review and approval by the Planning Director during site plan review. Applicant Green Clean Holland, LLC Agenda Item PropertyOwners Alp & Alex Aslan Planning B • • • 1 City of • 1 5 Virginia Beach Request Conditional Use Permit(Car Wash Facility) Staff Recommendation Denial F o � goo cL ,pO � 1 Staff Planner boat . Elizabeth Nowak Location LL W A, '90 Q 4245 Holland Road V " m GPIN 6 o q 1476963446 _ _ UNK�T I� Site Sizes ' 1.38 acres AICUZ Less than 65 dB DNL Watershed Chesapeake Bay Existing Land Use and Zoning District Vacant commercial building/PD-H1 Planned Unit Developments" ,J+ ' W! Surrounding Land Uses and Zoning Districts "' � �` �► '� i Northr• �' �' `4 r y , Holland Road 4�e i �`, ' •yp3 ,,,, �„ • • � Shopping center,gas station/B-2 Community *.i "OR 4- Business .o `' South i Shopping center/PD-H1 Planned Unit Development ' East 41 �. �� ►,i , . S. Plaza trail i Apartments/PD-H1 Planned Unit Development 1 f. y .. West y}. .. , �� Shopping center/PD-H1 Planned Unit ''.: cAt �'= 1• .. �.'"�., �, Development Green Clean Holland, LLC Agenda Item 5 Page 1 Background & Summary of • • . • The applicant is requesting a Conditional Use Permit to develop a Car Wash Facility on a 1.38-acre outparcel of the Timberlake Shopping Center.The property is in an area identified in the Timberlake Land Use Plan as a commercial use. As this total area is greater than three acres,the B-2 Community Business use table governs uses for this commercial area and identifies Car Wash Facilities as a conditional use. • A Rite Aid Pharmacy was constructed on this outparcel in 1999 and operated here until 2023 when the store was closed.The applicant is proposing to reuse the existing building for the car wash.While some modifications will be made to the building to accommodate the new automated car wash tunnel and to rebrand the building,they will occur within the existing dimensions of the building(see the proposed site layout on page 7 of this report). • Minor changes are proposed to the existing building to include removal of the existing canopy associated with the former drive thru pharmacy and a redesign of the branded gable element of the Rite Aid building on the north and east elevations to include a flat roof indicative of Green Clean's modern aesthetic.The building will also be repainted with dark neutral tones and the north and east elevations will be broken up by engineered wood paneling. • Overhead doors for vehicular access will be installed along the north and east elevations.The primary entrance and one exit to the tunnel will be located on the north end of the building,facing Holland Road.Customers will have an option to exit the facility through the east elevation (facing S. Plaza Trail) or to continue through the building to access eight vacuum stations located inside the facility and then to exit back out the north elevation. • In addition to the vacuums inside the building,the applicant proposes an additional 17 vacuums on the east side of the building.These will be central turbine vacuums, black in color,with no overhead canopy.There are two vacuum equipment pads proposed at the southern end of each row of vacuum stations;the pads will be screened on three sides with ornamental shrubs. • There is an existing monument-style sign at the corner Holland Road and S. Plaza Trail that the applicant plans to reuse.The sign face will be replaced as shown in the exhibit on page 8 of this report.The existing hedgerow will be removed and required landscaping will be installed. • Section 228.1 of the Zoning Ordinance requires a minimum of three parking spaces for each car wash space within the facility. Five parking spaces are proposed on the concept plan, meeting the parking requirement. One of the vacuum spaces is designed to be ADA-accessible. • The existing dumpster area at the southern edge of the parcel will be reused. It is screened with a masonry wall on three sides with a gate on the fourth. Landscaping will be installed on three sides as required in the Zoning Ordinance. Green Clean Holland, LLC Agenda Item 5 Page 2 02 Zoning History # Request ez 1 MDP Approved 06/18/2019 1 r LUP Approved 11/19/1981 POHI 2 CUP(Tattoo Parlor)Approved 10/17/2017 dot CUP(Indoor Recreational Facility)Approved 04/05/2016 �., CUP(Indoor Recreation)Approved 07/03/2012 ,i CUP(Motor Vehicle Rentals)Approved 08/14/1996 a 3 LUP Approved 11/19/1981 Application Types CUP—Conditional Use Permit MDC—ModificationofConditions STC—Street Closure SVR—Subdivision Variance REZ—Rezoning MDP—Modification of Proffers FVR—FloodplainVariance LUP—Land Use Plan CRZ—ConditionalRezonin NON—Nonconformin Use ALT—AlternativeCompliance STR—Short Term Rental Evaluation : Recommendation In Staff opinion,this Car Wash Facility is an inappropriate use for this prominent corner along the Holland Road corridor.The Comprehensive Plan identifies this area as being part of the Suburban Area,which recommends the development of Great Neighborhoods,which are identified as areas that balance residential neighborhoods with complementary non-residential uses. While Car Wash Facilities can be considered a complementary non-residential use, they are an auto-oriented and auto-dependent use.The Timberlake Shopping Center is further identified in the 2023 Commercial Area Pattern Book(CABP) as an aging shopping center with dense mixed-use redevelopment potential. Specifically,the CABP recommends outparcels of large shopping centers like Timberlake Shopping Center be redeveloped as "the face of the development and (extension of)the neighborhood" in which it is located. Developing an automated car wash on the shopping center's most prominent corner in a section of Holland Road with several shopping centers with similar redevelopment potential continues to entrench auto-oriented design and use in this corridor.Car washes by their nature do not activate the pedestrian zone;as a potential catalyst site for Timberlake Shopping Center, adjacent commercial parcels,and the immediate residential neighborhoods,this outparcel has the potential to be a leader for how the general character of the area will evolve or if it will remain static. While Staff believes the proposed use does not conform with recommendations in the Comprehensive Plan,Staff does acknowledge that the proposal is an innovative reuse of an existing building and that the proposed concept plan improves existing site landscaping. Adaptive reuse,such as what the applicant proposes, is a highly beneficial redevelopment strategy as it is less impactful on the environment and helps maintain the character of an area.The redesign of the elevations removes much of the branding of the current building from a standard "Rite Aid" building design and introduces some color contrast that reduces the scale of the building.The concept landscaping plan is robust and will add trees and large shrubs where many do not currently exist, including trees to parallel an existing pedestrian access at the southern edge of the outparcel and along a newly proposed sidewalk connecting Holland Road with the interior of the shopping center. Existing street trees will remain where possible and will be replaced with new if they cannot. By closing an existing drive thru lane along the building's west elevation and by introducing a sidewalk with a verge on either side,the applicant has reduced existing impervious cover on the property and created additional green space. Green Clean Holland, LLC Agenda Item 5 Page 3 The proposed reuse and redesign would improve some existing conditions of this outparcel, but this site would be better suited for a non-auto-oriented use.Apartments east of the site across S. Plaza Trail will look directly out onto the facility and its vacuum stations.The two corner lots on the north side of Holland Road are developed with a gas station and a drive-thru restaurant. Expanding this pattern to this property may lead to further erosion of people-centered redevelopment potential. With these considerations,Staff recommends denial of this application. Noting, however,the quality of the reuse proposal,Staff has included a list of recommended conditions should Planning Commission find this to be an appropriate use for this site. Recommended Conditions 1. The site shall be developed in substantial conformance with the submitted concept site and landscaping plan entitled "Carwash Concept Virginia Beach,VA", prepared by Kimley-Horn,and dated 4/1/2024,which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning. 2. The structure will be constructed in substantial conformance with the submitted elevation entitled "Green Clean Express Auto Wash-4247 Holland Road,Virginia Beach,VA" prepared by SBA Studios, and dated 4/9/2024,which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning.The proposed structure shall be constructed of a similar type of material, color, and trim as the existing structure. 3. The vacuum stations shall have an all-black assembly, including hoses, receptacles, black posts, as depicted in the graphic as exhibited in the staff report and prepared by the applicant,which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning&Community Development. 4. Lights in the vacuum stations shall be turned off at the end of the business day. 5. All site lighting, including lighting on pay stations and vacuums, shall be white light; no colored lighting is permitted. 6. Final design of the pay stations are subject to review and approval by the Planning Director during site plan review. 7. No window or outdoor advertising banners, pennants,streamers or other such visual devices beyond those permitted by the City Zoning Ordinance shall be permitted on the property. 8. No water produced by activities at the facility lot shall be permitted to fall upon or drain across public streets or sidewalks or adjacent properties. 9. All on-site signage shall meet the requirements of the City Zoning Ordinance. Any freestanding signage shall be limited to one monument-style sign that shall be no taller than eight feet in height and shall be constructed with a base to match the proposed building in terms of color and material.There shall be no signs that contain or consist of pennants, ribbons,streamers,spinners,strings of light bulbs,or other similar moving devices on the site or on the vehicles.There shall be no signs which are painted, pasted,or attached to the windows, utility poles,trees, or fences, or in an unauthorized manner to walls or other signs. 10. Prior to final site plan approval, a Lighting Plan in accordance with Sections 252 and 254 of the Zoning Ordinance,or as amended, shall be approved by the Department of Planning and Community Development. 11. The applicant shall widen the sidewalks on Holland Road and S. Plaza Trail that parallel the subject property to a minimum width of five feet.This shall be reviewed as part of the site plan review process. Green Clean Holland, LLC Agenda Item 5 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. Comprehensive Plan Recommendations This project falls within the Suburban Area as defined in the Comprehensive Plan.The Suburban Area's guiding principle of maintaining"Great Neighborhoods"calls for complementary non-residential uses at edges of residential areas to provide goods,services, and employment to nearby residents.Timberlake Shopping Center is also identified in the Commercial Area Pattern Book(CAPE) as an Inland Character Area ("Holland Road to S. Independence Boulevard").The CAPB calls for redevelopment of these areas to focus on improving pedestrian access and circulation of the centers, as well as supporting multiple modes of transit to the area. Outparcels should be redeveloped with strong anchors like mixed-use buildings and other key neighborhood-oriented uses that promote community resiliency. ResourcesNatural & Cultural . . The site is located in the Chesapeake Bay watershed and is located outside the Resource Protection Area. A portion of the property is located in the Special Flood Hazard Area,AE flood zone; however,the proposed improvements are located outside the AE flood zone.Should any equipment or structures be located in the AE flood zone,they will be required to meet the requirements in Appendix K, Floodplain Ordinance. There are no historical or cultural resources associated with this site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Holland Road 37,000 ADT' 32,700 ADT(LOS°"D") Existing Land Use 2-1,400 ADT S. Plaza Trail 10,040 ADT 32,700 ADT(LOS"D") Proposed Land Use 3—500 ADT 'Average Daily Trips Z as defined by a 13,000 square- 3 as defined by an automated car A LOS=Level of Service foot pharmacy with drive-thru wash with one tunnel Master Transportation Plan (MTP) and Capital Improvement Program (CIP) In the vicinity of this application, Holland Road is considered a four-lane divide minor urban arterial.The Holland Road Phase I CIP project is approved for this area of Holland Road. It will reconfigure Holland Road as a six-lane superstreet by adding through lanes in both directions from S. Independence Boulevard to S. Plaza Trail and by installing Restricted Crossing U-Turn.The project will also include continuous five-foot wide sidewalk on both sides of Holland Road and installation of LED streetlights and bush shelters at the four existing bus stops.Construction of Holland Road Phase I is scheduled to begin in 2031. Green Clean Holland, LLC Agenda Item 5 Page 5 S. Plaza Trail in the vicinity of this application is considered a four-lane divided minor suburban arterial with an existing 80-foot wide right-of-way.The MTP proposes a four-lane facility within a 115-foot right-of-way. Currently,there are no CIP projects to upgrade this roadway. ' Public Utility Impacts Water There is an existing 8-inch city water main encroaching through the adjacent property within Public Utility Easements. The existing 8-inch city water main through the adjacent property connects to the 16-inch City transmission main along Holland Road.The site currently connects to City water. Sewer There is an existing 8-inch which transitions to a 10-inch city sanitary sewer gravity main encroaching through the adjacent property within a Variable Width Public Utility Easement. The sanitary sewer main within the property connects to the 8-inch city main along Spence Circle.The site currently connects to City sewer. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on 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,August 6, 2024 and August 13, 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 August 5, 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 August 16, 2024. Green Clean Holland, LLC Agenda Item 5 Page 6 CARWAM CONMFT VIRGINIA BEACM VA MANT SCHIME • ' s� ••�• - � •� .1��wn � 91 tlfAYClLl116 lll•A .T i `- • re•w>�a� - \' / \ ._._.. nwl TiFFf 1R_to . or.rnw•aw wvw•to i vuc a wwpa wiaw :1Oa r a:ar� 4s x.a •n's ntrn _. y. ; 5 P ALA I'At ' $r x deb s� miv m � �'„� �*. +' �. t"1 4245 HOLLAND ROAD KIm'eY>»Horn CONCEPT LANDSCAPE PLAN GREEN CLEAN AUTO WASH APRIL 1,2024 *- VIRGINIA RFACH VA -:Ww:fkt , OD � (D 2 3 O tZ v >v � � Q N V Ln (� Proposed SignageDumpsterEnclosure t. "vJ! i i - LIMLSICML DILL —FP HENRY ax4AIS C&AU[BASF SIGN EXTERIOR MONUMENT SIGNAGE 6 ME9TONE C"., O11CX IRK(MATCH BUILDING) CEDAR PUNKS ON 9TEEL FR&E, �C`�6IY INSTALL LATCH H/RDNAR • (u(3))MEAW DU IXT'CRADE f2-0' STRAPNINGESPER-DR.FAME LEFT SIDE ELEVATION OF DOORS TO BE 3Y3'MIM'STEEL ANGLE WELDED OW WELD MN)ALL LIMESTONE CAP,TW. CORNERS W/3'13'x W'STEELANGLE 6 DIAGONAL CROSS BRACING WELDED QUICK OR / TO STEEL FRAME WELD TOP AND (MATCH BUILDNG) BOTTOM STEEL ANGLE OF FRAME TO STEEL TUBE ATTACHED TO HINGES__ �-24WWYA8'DEEP CCNC.FTG. I T6'xB'CONCRETEFOOTING 14 rDIMPSTER + -----� j `Arn 46 CONTINUOUS I ' STALL UZ'D(A.IS-LONG,METAL 4 RODGATELATCH INSTALL3'4'R6' L- i i I j HOLE INTO CONCRETEQIf0iH OPEN AND CLOSED P067TIONS TO ^ l RECENE LATCH ROD 3 § m I II ra' 7-Lr CONTR0.JOINT I I j I I j e RIGHT SIDE ELEVATION j l --`I j j R CEDAR GATE ' I I CONIC FILLED 6'CIA BOLLARD. DOORS.PAINTED TYR PAINT TO MATCH EIFS ON BUILDING,SEE BOLLARD DETAIL QUICK BRI K(MATCH BUILDING) ^; GATE STRAP HINGE, j/ N (3)P97 DOOR CONC.FILLED 61DIA BOLLAPD.TYP.PANT TO MATCH METAL SIDING /1 ON BINDING 12'dA,1B'LONG METAL �;'. •\` '� ROOGATELATCH FLOOR PLAN 4•GATE CASTER I I I PROPOSED DUMPSTER ENCLOSURE 04,07.2020 SCALE: va•=r-o• FRONT ELEVATION fpjrNyfA- Green Clean Holland, LLC Agenda Item 5 Page 8 Proposed Vacuums Vacuum Schematic and Elevation Vacuum booms will be green to match branded colors on building TOOL Green Clean Holland, LLC Agenda Item 5 Page Proposed Pay Stations � rrlow N® vow 0 , �Ou"® Green Clean Holland, LLC Agenda Item 5 Page 10 .try �t tyTyr'¢J�" y f, v'fii y� 4' f _ P � Site Photos nip- spa s — as �4 - Green Clean Holland, LLC Agenda Item 5 Page 11 Site Photos N1 • «ry. 14 l.+ Disclosure Statement Disclosure Statement ` ." "., Cily ofl'in7edty 8nai� 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 Green Clean Holland , LLC Does the applicant have a representative? 0 Yes ❑ NO • If yes,list the name of the representative. Kimley-Horn-Greg Schmitt,P.E. 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) Shawn Everett,Craig Van Bremen • If yes,list the businesses that have a parent-subsidiary`or affiliated business entity'relationship with the applicant. (Attach a list if necessary) Express Wash Concepts and Green Clean Shore LLC "Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. '"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Green Clean Holland, LLC Agenda Item 5 Page 13 Disclosure Statement U Disclosure Statement X ID Plarming&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?[I Yes 0 No . If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-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? 0 Yes D No . If yes,identify the financial institutions providing the service- MidCap 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? 0 Yes El No . If yes,identify the company and individual providing the service. Wick Smith-Thalhimer 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?0 Yes 0 No . If yes,identify the firm and individual providing the service. TBD 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?M Yes El No . If yes,identify the firm and individual providing the service. SBA-Kevin Cieszykowski S. Is there any other pending or proposed purchaser of the subject property?El Yes 0 No . If yes,identify the purchaser and purchaser's service providers. Green Clean Holland, LLC Agenda Item S Disclosure Disclosure Statement City of 1'iryma Baxi� 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?K Yes ❑ No • If yes,identify the company and individual providing the service. PG Harris-Justin Short 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?N Yes ❑ NO • If yes,identify the firm and individual providing the service. Kimley-Horn&Associates, Inc -Greg Schmitt,P.E- S. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?E Yes ❑No • If yes,identify the firm and individual providing the service. Eastern Law Group-Jerry Bowman and Williams Mullen-Grady Palmer and Tyler Rosa 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. nature Craig Van Bremen Chief Development Officer Express Wash Concepts Print Name and Title Craig Van Bremen Chief Development Officer Express Wash Concepts Date Is the applicant also the owner of the subject property? ❑Yes E No • If yes,you do not need to fill out the owner disclosure statement. •• that pertains to the applications No changes as of Date 07/30/2024 Signature i Print Name Elizabeth Nowak Revised 11 09.2020 3 1 Green Clean Holland, LLC Agenda Item 5 Page 15 Disclosure Disclosure Statement City o`Virgnw N,Yn:1 Planning&Community Development Owner Disclosure Owner Name Alp Aslan and Alex Aslan Applicant Name Green Clean Holland , LLC Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business?❑Yes ®No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the Owner. (Attach a list if necessary) Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes 0 No • If yes,what is the name of the official or employee and what is the nature of the interest? "Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. '"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 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. kewseti i.UJ.101i1 S Green Clean Holland, LLC Agenda Item 5 Page 16 Disclosure Disclosure Statement Cily 1 Firyblw Benin Planning&Community Development Owner Services Disclosure 1. Does the Owner have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑Yes ■ No • If yes,identify the financial institutions providing the service. 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. Divans Real Estate,Inc.-Levi Thomson,Associate Broker 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?E Yes ❑ NO • If yes,identify the firm and individual providing the service. Cobb,Doerfler&Associates,CPA-Danny H.Carol,CPA 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 O No • If yes,identify the firm and individual providing the service. S. Is there any other pending or proposed purchaser of the subject property?❑Yes ®No • If yes,identify the purchaser and purchaser's service providers. 6. Does the Owner have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?❑Yes 0 NO • If yes,identify the company and individual providing the service. 7. Does the Owner have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?❑Yes 0 NO • If yes,identify the firm and individual providing the service. Revised 11.09.2020 6 1 Green Clean Holland, LLC Agenda Item 5 Page 17 Disclosure Disclosure Statement City nJYiynm n.�xfi Planning&Community Development 8. Is the Owner receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?■Yes ❑NO • If yes,identify the firm and individual providing legal the service. Stokes Law Group,PLC-Igor Vaserfirer,Esquire&Randy Stokes,Esquire 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 Alp Aslan(Owner) Print Name and Title 8 April 2024 Date Revised 11.09.2020 7 1 i'a b Green Clean Holland, LLC Agenda Item 5 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. Green Clean Holland, LLC Agenda Item 5 Page 19 Virginia Beach Planning Commission May 8, 2024, Public Meeting Agenda Item # 5 Green Clean Holland LLC RECOMMENDED FOR DENIAL Clerk: Agenda Item Number 5 Green Clean Holland, LLC is a request for a Conditional Use Permit for a Car Wash Facility at 4245 Holland Road in District 10. Mr. Alcaraz: Sir, if you can come up. Are you both going to speak? Clerk: They're both with the applicant. Mr. Alcaraz: Yeah, well, I'll hear him and then you because you got to state your name, if that's okay. Greg Schmidt/Kimley Horn: Greg Schmidt with Kimley Horn. We are the agent representing. Green Clean Holland LLC. I do want to start by thanking planning staff for giving us a fair analysis of the benefits that this project does provide even though the negative recommendation for denial. I do want to talk a little bit about Green Clean and what that company is. It started as a local family-owned-business and is still 100% locally operated with the main point of contact managing all the day-to-day operations of the car washes that they own within Hampton Roads. Green Clean provides a wide range of services from single washes to memberships, to fleet services. They also focus on giving back to the communities in which they serve. They have a Green Clean Cares program that offers grant application opportunities that offers fund raising, and donation opportunities to give back to the communities in which they serve. Green Clean does operate a number of car washes within the City of Virginia Beach, and I highlight that to say that in each and every site that they have developed, they have taken away a vagrant structure or a vacant structure, and they've redeveloped it into something that is more modern, and more relevant to the customers that they serve. Some of those include a vacant bank that sat vacant for many years on Virginia Beach Boulevard, a dilapidated gas station on Shore Drive, and an old self-serve car wash on south Military Highway. They always strive to be a good neighbor, and with each and every of those redevelopment sites, they have worked closely with staff to identify the specific architectural needs, landscaping needs, and site development needs for that specific area of the city. You know, I want to dive into. I have been asked many times what Green Clean means, and I think there is a misconception about car washes, and their environmental impacts, but in all reality the Green Clean motto and the way these car washes operate is they prevent soaps from getting in the storm drain system, they reclaim water, and ultimately, they provide a better site than the ones that they've previously inhabited. Very different from most of us who might be washing our cars in their driveway. What we are presenting here before the commission today, is an Adaptive Reuse. This is a development opportunity that sets Green Clean apart from their peers in the carwash industry. They are working to take the existing Rite Aid building at the corner of South Plaza and Holland, keeping the building guts, and converting it into an automated car wash tunnel, which will also feature interior vacuum spaces, and it will also have exterior vacuum spaces that will be free to the community around it. I do want to talk about the existing site a little bit. It was built in 1999 as a prototypical Rite Aid Pharmacy. There is no existing connectivity for pedestrians to the building itself or the Timberlake Shopping Center behind it. It also features dated architecture, unmaintained landscaping, and is currently uninhabited. What this adaptive reuse project does offer to the city is an opportunity to see improved vegetation with the proposed Enhanced Landscape Plan, additional shared pedestrian connectivity to Timberlake Shopping Center. The addition of landscaping and canopy trees along the sidewalk to the south to Timberlake as well the proposed sidewalk with this project. It also features enhanced architecture with wood facades and updating the paint colors on the existing building to more natural earth tones. It also includes the reuse of much of the existing infrastructure, decreasing the demand on the construction material industry, and ultimately, the addition of the green space further reduces the impact on the storm water runoff that currently exists at this property. I think when we look at the commercial area pattern book, it talks a lot about neighborhood adjacency, and compatibility pedestrian connectivity, and what the Holland Corridor could be. I think we've worked closely with staff over the last number of months to come up with a plan that addresses many of the initiatives that are presented in that area pattern book for Holland Road, including the addition of sidewalks, the addition of canopy trees, the improvement to the street frontage landscaping and buffering, and the improvements to the architecture to make it more relevant and more current. The one thing, I do want to touch on related to neighborhood compatibility this is surrounded by a number of multi-family residential developments. One of the things that many of us who have lived in an apartment at one point understand is, it is not easy to wash your car, vacuum your car, in a multi-family apartment development. So, what this actually provides is an opportunity to not have to run an extension cord of a window or not have to use a dust buster for something that actually requires a legitimate vacuum, and ultimately providing a more environmentally friendly way to wash your car. Given all the improvements that have been proposed with this development, we do feel while the use may not be the most desirable given the Commercial Area Pattern Book, it does strive to achieve many of those with the things that I've laid out. I do want to talk about the staff report's reference to the Holland Road Phase 1 project. This identifies a project that will expand Holland Road from four lanes to six, inclusive of protected U-turn as a superstreet design. In my opinion in looking at this, and engineering analysis, Holland Road currently sees 37,000 vehicles per day. The city has seen the need to necessitate the CIP project, that will expand Holland Road to six lanes. This is a corridor not necessarily designed around people, but designed around helping vehicles get to and from their destinations. I personally commute on Holland Road from the Red Mill area to Town Center each and every day with many of my fellow residents. I do want to add also related to the neighborhood compatibility. Car washes have long been a place that creates a sense of community where people bond over the care that they put into their vehicles, where my wife and I can go to vacuum our cars without having to mess with those fussy extension cords. I think it does continue to provide that given the nature of the surrounding adjacent developments. In closing, there are currently seven vacant Rite Aids in Virginia Beach alone. It is likely another six will become vacant once the bankruptcy is completed. I'm not saying each and every one of them should become a car wash or will become a car wash, but what we have here today is a project with a developer motivated to be creative, to come up with better solutions for each and every site that we pursue. A move to avoid urban blight, which can be so cancerous to shopping centers and corridors. With that, I do appreciate your consideration of this proposal, and I will be available for questions. Mr. Alcaraz: Thank you. Are there any questions? Yeah. Mr. Plumlee? Mr. Plumlee: Mr. Schmidt, how are you today? Mr. Schmidt: Good. How are you doing, sir? Mr. Plumlee: I'm doing well. Had there been a market study for this location by the Green Company, because it was brought up at the informal that there were a number of car washes in the vicinity. Can you address that? Are you able to address that today? Mr. Schmidt: I will let Mr. Van Breman address that. Mr. Plumlee: Okay. I can save that question. Being with Kimley Horn, looking at the Capital Improvement Project. Have you looked at the impact of that project with the expansion to six lanes? And how that would affect this location on the operation? Mr. Schmidt: Yes, sir. I do believe we have enough room to accommodate the expansion as currently described. Mr. Plumlee: So, I heard this morning, a rough estimate of about 12 feet of a taking, it could be more in that, but you believe that would remain, this use could remain under those conditions? Mr. Schmidt: Yes, sir. Mr. Plumlee: Okay. As far as, this will remain owned by the same family that owns it currently, the Aslands, is that correct? Mr. Schmidt: I do have a clarification on that. Green Clean will be purchasing the property, and the structure. Mr. Plumlee: So they will be the owners of the property? Mr. Schmidt: Yes, sir. Mr. Plumlee: And they're going to make quite an investment in that structure then, a significant investment to convert it from its current retail use to the car wash operation? Mr. Schmidt: Yes, sir. That is correct. Mr. Plumlee: Can you tell us what were some of the efforts that you made to try to address the pedestrian aspect. I understand it's going to be next to a super road. I'm not sure how many people are going to be walking along that road, but what efforts did you make to try to address that? If you could be specific. Mr. Schmidt: Yeah. So, from the start of this project application, we went and sat down with Ms. Nowak at the planning department to really discuss what are the opportunities to make this as attractive as possible, understanding the conflicts with the use, and the Commercial Area Pattern Book. So, when we submitted the initial application, we did not have the sidewalk and the landscaping that is at the top of the screen here where the old pharmacy drive through was. We did not have the additional landscaping along the existing sidewalk connection, on the screen left. We also made a commitment to planning that any sidewalk within the right of way along our frontage that is not compliant with a five-foot minimum that we would improve that as well with this project. I think one of the things that you hear a lot about in terms of providing nice pedestrian connectivity always comes down to the availability of shade, and really being able to give people a spot where they're not walking in the hot sun, in the middle of the summer to get to some of these destinations. I think the one connection that exists, and the one that is proposed do improve upon what exists today do provide an opportunity for these to be nice pedestrian connections to Timberlake Shopping Center, and ultimately the Holland Road Network. The other thing we did do as well is with the removal of the pharmacy canopy and window, that in the initial application we were not making all that green space. We went back and revised that to as green space and landscaping along that back wall to break up the visibility of that facade. Mr. Plumlee: So you're saying you added permeable surface? Mr. Schmidt: Yes, sir. So, the plan will be removing the asphalt full depth. We will be installing landscape planters along there with landscaping that will screen that long facade from the right-of-way. Mr. Alcaraz: Any other questions? Yes, Mr. Parks. Mr. Parks: Mr. Schmidt, do you, is this the first instance of taking a converted building like this and turning it into a car wash? Is this going to be one of the first ones or? Mr. Schmidt: The city of Virginia beach is not the Guinea pig. This has been done by Green Clean and Express Wash Concepts up in the Pennsylvania market already, and Craig can elaborate on that, but they do have a few of these operational where they've completed the conversion and it's been successful. Last month we did get approval in Chesapeake to do the same. Adaptive reuse of a ride aid on Battlefield to a car wash. So that is proceeding into site plan design now and hopefully construction sometime the end of this year. Mr. Alcaraz: Alright, any other questions? Ms. Cuellar: I have one question. Mr. Schmidt, did you have an opportunity to reach out to the residents on South Plaza Trail? If so, what was their feedback? Mr. Schmidt: We did not. It was hard to identify an organized group, so given the nature of the adaptive reuse we were not able to identify specific contact who set something up. Mr. Alcaraz: Any other questions? All right. I am going to get the speaker, which is representative of the ownership. State your name for the record? Mr. Bremen: Good afternoon. My name is Craig Van Bremen. I'm the Chief Development Officer for Express Wash Concepts. My address is 336 Bishop Gate Lane, Crozet, Virginia. So, Express Wash Concepts, just a little bit about us. We have 95 sites in operation currently. We have about 16 under construction currently, and that's across Michigan, Pennsylvania, Ohio, Virginia, and I think that's it actually. So, locally, more locally here, we we've given to across those 95 sides last year, we are very charity-minded organization. We really want to grow our people from within, and we want to support the communities that we serve as well, and with that we give $400,000 to charity last year through our grand openings and other care initiatives like Greg mentioned. More locally, we have 14 green cleans currently operating the Hampton Roads MSA, and one of the reasons that's so important, we'll get to site selection, when there is a question on site selection a little bit, but one of the reasons that's so important is because we don't want to just provide jobs, people want to provide growth opportunities to people. So, when you come to work at Green Clean, you have an opportunity to start, and this happens throughout the company. So, start working in the lot at $17 an hour and work your way up to assistant site manager, where you're making $45,000 to $55,000 an hour [sic., a year]. Then you can have your own site and be a site manager making $75,000 to $80, 000 an hour [sic., a year], and then if you make it up to area manager, you can be making over $100,000. We'd love to have college educated people, but this also is in a pathway for somebody that doesn't have a college degree. If you come in, you work hard, you learn the job, you can move up within the company, and those are the kinds of opportunities that we really want to provide to folks that work for Green Clean Auto Wash and work for Express Wash Concepts. This facility along with some of the other ones that we've recently developed on Shore Drive, and I want to thank staff because the Shore Drive product has turned out excellent. I was just there actually before, and I encourage you to go look at that. All of the locations we do, we talk about being Disney-perfect, and we really want to provide a great product that includes the enhanced landscaping. That's something that we work with cities on, but that's something that we just as core to us and that we want to do in general. So, that Shore Drive location is a great example of what we want to do. I can see us using that building in other places as well, because it turned out so well. So, thank you Staff for helping us to bring that to fruition. Greg already mentioned the benefits of washing with Green Clean from an environmental standpoint, so I won't go through that. When we talk about density, density is really important to our business. We have under unlimited wash club members that the more the locations that we can provide, the more value there is to their membership. So, when they buy a membership, not only does their pass work at Shore Drive, but it also works at the other 95 locations that we have and the 14 locations within Hampton Roads, and we really want to serve our customers where they need to be served. So, we identified this Holland Road corridor years ago as an area that we wanted to be. We are very data driven and we look at demographics. We look at vehicles per day. We look at retail. We look at competition. We look at all of those things, and we targeted this area years ago. We actually had the old Wells Fargo back in contract, and because of just site constraints, and similar things that were going on at the time, we actually backed away from that site. We've been working on the Title Max parcel across the street, and this site came available, and had the opportunity to buy it and it's a great opportunity for us to do our adaptive reuse. As Greg mentioned, we've actually completed three of these drugstore conversions. One's in Cleveland. We have two in Pittsburgh, Pennsylvania, and they have turned out amazing. Customers love the interior vacuums. Customers love the way that you come through the building. I understand that some don't love the car wash use, but sometimes the economics of where we are, if you look at this building, Rite Aid was a pretty powerful company for a very long time, and they could gamer large rents. There's not too many companies with the experience and with the economic strength that can come in and do an adaptive reuse like this. We have the experience to do that. We, actually our business model, supports actually acquiring a building like this. So, with that, Greg's already walked through the site specifics, but I'll pause for any questions. Mr. Alcaraz: Yeah, thank you. Mr. Plumlee? Mr. Plumlee: Yeah, I had asked earlier about this market. There were, as I mentioned at the informal meeting, that there were other car washes within this vicinity, and can you address the workup that you've done to look at the market? Mr. Bremen: Yeah, we always look at the competition very heavily. I think there's a competitor just down the street. Frankly, we offer a different product than they did. They have some self-serve automatic bays out there, which are great for people that want that product and want to be able to wash their car themselves. They also do have some smaller tunnels, but that's not really what we do. We really focus on being in the convenient right place, so that you can wash your car quickly, that you can do your interior free vacuums, and that you can move on. The demographics there,definitely support demographics, and the strength of just the number of people, the number of vehicles around that area are really what would drive whether or not site works for us, and when we look at those 95 stores that we have across our portfolio, we've identified the key performance indicators in data of what drives site performance. In this particular area, even with that competition that's put into our model, we believe this is a very strong site for us. Mr. Plumlee: Mr. Schimdt had mentioned that this is actually going to be a purchase by your corporation of this property. So, it's not just redevelopment for the owner. It actually allows them to be relieved of the obligation of keeping this empty building for who knows how long waiting for someone to come along that is willing to take it on. So, this is where you transfer and ownership as well. Is that accurate? Mr. Bremen: That's accurate, and it behoves us to move as quickly as possible through the right approvals and to get construction done as quickly as possible, and get the renovations done so we can get open for business as quickly as possible. Mr. Plumlee: Is there anything that you wanted to add to the question about pedestrian friendly layout? Mr. Bremen: I think Greg is best positioned to answer that. I mean, we always want to do all we can to be a good partner in the community. So, if there's additional ideas that staff can come up with of ways that the site can work in their master plan, we are all ears and we'll be happy to support. Mr. Alcaraz: Thank you. Ms. Byler: If you could please clarify on your site plan, and I may be wrong, but as I understand it, our Active Transportation Plan shows that there should be five foot or more in width along South Plaza Trail, and that your proposal has no change to the existing three-foot sidewalk. Ms. Bremen: I will have to defer it to Mr. Schmidt on that. Mr. Schmidt: We had discussed that with staff. We are committed to upgrading the sidewalks along both frontages to achieve a minimum of five feet in width. So, if we, I don't remember if that was in the draft conditions off the top of my head, but we can add that as a condition. Ms. Byler: Okay. Thank you. Ms. Hippen: So you spoke of demographics, but you said that you haven't spoken to the people that live in this area. So, the question is, how do you know that this is the ideal business location if you haven't spoken to the people that live around the area. I'm very familiar with the area, by the way, and I know of what you speak of the demographics. There's an apartment complex right across the street. There are very close homes in the area where there, you know, they're very close together. There are also town homes in the area. So, the question is, how do you know that this is what the neighborhood wants? Mr. Bremen: Yeah, just for clarity, when I speak of demographics, I mean, the demographics in the area. So, the number of households with areas, not the specific makeup of like a particular neighborhood or talking to a particular neighborhood. I just mean, there's enough people within the area that we believe will be drawn to this area that will support our business as far as the neighbors across the street. We also believe that based on our other locations in Virginia Beach, that people will want to buy an unlimited wash club membership here. It's very similar in a lot of ways to the other sites that we have. So, if we use that kind of as a template to say, is this a good location? We do believe that the folks in the area will shop and we'll wash their car at our location. Ms. Hippen: Okay. You spoke of the car wash that's there where Independence becomes Holland. Okay, but if you go the other way, you have, Car Spa, which is at the corner of Lynnhaven and Holland, okay, and then we just approved a car detailing business in that very shopping center [Timberlake Shopping Center]. So, my question still remains, if you haven't spoken to the people that live in that area, if you haven't reached out to the community, how do you know that this business is going to be fruitful given the fact that this is not what the Comprehensive Plan is looking to place in this area? Mr. Bremen: I go back to the 95 sites that we've developed, and the other sites within Hampton Roads. We look for those similar things and we do take into account the competition is actually the Freedom Wash is a little bit different in the product that they offer. The Car Spa is a little bit different too. I believe that one has full service as well. That's not what we do. So, the product's a little bit different. I know it seems like you're just watching a car, but the product is genuinely different. So, giving folks the opportunity to use their money to spend it to wash the way that they want, and we think we can provide a more economical better benefit than our competitors also, right? We think that our washcloth price is probably more reasonably than anyone else's and you get a better product. So, it really is the free market coming in. We feel like that key things that we look for in site selection all exist at this location. That is why we are so excited about. Mr. Alcaraz: All right. Thank you. Any other questions, Ms. Byler. Ms. Byler: There's also a car wash, I'm sure you're familiar with on Independence and Edwin, which is a mile or maybe less from this. So that's like three car washes in less than a mile. So, while yours might be best, then I guess that means it's taking business away from the others. Mr. Bremen: I don't look at that way. I think we're growing the pie. If you look at just car wash statistics overall, there's more people, more people coming to wash their car at a car wash than washing in their driveway. So, it's not taking, it's not an end some game, right? Like it's not, we're taking their customers, we're adding to the pie. It's actually what we want. We want people to come wash in a professional car, wash it. So, they're not washing in their driveway using 10 times more water or putting detergents down the storm sewer. Ms. Byler: Thank you. I appreciate your comments. Mr. Alcaraz: All right. Any other questions for the applicant, and its representative. None. Just have a seat. I am going to close it now. Mr. Plumlee: I would like to make some comments and address this. I mean, we're a country of over 300 million cars. We're not going to turn into a pedestrian community overnight next to a super road. I do worry about blight at these locations when you have empty structures for long periods of time. When families have opportunities to transition these sites, they don't come that often and it can be not an ideal, perfect business and sometimes we're in the business of judging what's ideal, and sometimes we're trying to judge what's best in the moment and what's not perfect. I don't see this as a perfect application, and obviously there are issues with the comp plan, but we have in the past proceeded to recommend projects like these. I do worry about something sitting empty for long periods of time, and that we're not going to have an applicant with the strength that this applicant has to come in. So, for those reasons, I would support a motion. Obviously, the motion should include that there be a five- foot width sidewalk. I think it should include that. So, I would support that motion and make that motion if I get support for it. Mr. Alcaraz: All right, Mr. Plumlee, any other comments? Ms. Hippen: So there's been a lot of discussion over several months about the Comprehensive Plan and us sticking to what we foresee that should come in these different areas. I went out to this area, and like I said, I'm very familiar with the area. I used to use Car Spa, okay? I stopped using them. I use somebody else now. There are a lot of car washes in that area. I think that we should stick to the Comprehensive Plan in this case, and your business model sounds great. Please don't get me wrong, and that it sounds great. I just don't think that this is the area for it. I do believe that, that the Rite Aid folks will find someone to take that building over or to take that area over, and my biggest concern is that you haven't talked to people that live in the area to get a feel for what they're looking for in their neighborhood as well. That's one thing that I think you should do every other thing that we go through and approve. We've got letters, we've got notification to the people that live around it, and they're talked to, and I think that's just one thing that an amazing plan that she didn't do that that you should have done for this area. Mr. Alcaraz: All right. Thank you. Any other comments or discussions. All right. I have a motion, but by Mr. Plumlee. I need a second. Mr. Coston: I'll second. Mr. Alcaraz: Second by Mr. Coston. Alright. Thank you. Any other comments discussions. Alright, I have a motion by Mr. Plumlee. I need a second. Planning Administrator: Chairman, can I get one point of clarification? Is that motion with a minimum five-foot sidewalk on both Holland and South Plaza Trail? Mr. Plumlee: Yes. Mr. Alcaraz: That motion is to approve with five-foot. Second by Mr. Coston. Clerk: The vote is open. By a vote of 8:3, agenda item number five has been recommended for denial. AYE 3 NAY 8 ABS 0 ABSENT 0 Alcaraz NAY Anderson NAY B ler NAY Cromwell NAY Coston AYE Cuellar NAY Estaris NAY Hi en NAY Mauch NAY Parks AYE Plumlee AYE CONDITIONS 1. The site shall be developed in substantial conformance with the submitted concept site and landscaping plan entitled "Carwash Concept Virginia Beach, VA", prepared by Kimley-Horn, and dated 4/1/2024, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning. 2. The structure will be constructed in substantial conformance with the submitted elevation entitled "Green Clean Express Auto Wash-4247 Holland Road, Virginia Beach, VA" prepared by SBA Studios, and dated 4/9/2024, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. The proposed structure shall be constructed of a similar type of material, color, and trim as the existing structure. 3. The vacuum stations shall have an all-black assembly, including hoses, receptacles, black posts, as depicted in the graphic as exhibited in the staff report and prepared by the applicant, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 4. Lights in the vacuum stations shall be turned off at the end of the business day. 5. All site lighting, including lighting on pay stations and vacuums, shall be white light; no colored lighting is permitted. 6. Final design of the pay stations are subject to review and approval by the Planning Director during site plan review. 7. No window or outdoor advertising banners, pennants, streamers or other such visual devices beyond those permitted by the City Zoning Ordinance shall be permitted on the property. 8. No water produced by activities at the facility lot shall be permitted to fall upon or drain across public streets or sidewalks or adjacent properties. 9. All on-site signage shall meet the requirements of the City Zoning Ordinance. Any freestanding signage shall be limited to one monument-style sign that shall be no taller than eight feet in height and shall be constructed with a base to match the proposed building in terms of color and material. There shall be no signs that contain or consist of pennants, ribbons, streamers, spinners, strings of light bulbs, or other similar moving devices on the site or on the vehicles. There shall be no signs which are painted, pasted, or attached to the windows, utility poles, trees, or fences, or in an unauthorized manner to walls or other signs. 10. Prior to final site plan approval, a Lighting Plan in accordance with Sections 252 and 254 of the Zoning Ordinance, or as amended, shall be approved by the Department of Planning and Community Development. 12 1 ° !1 R5D R51 o Q11 Pi 1�1 0 0 0 o • RM D • B2 OF- Q o R5D R5D � 0 0 AG2�S� N { ;r Site Caliber Bodyworks of Virginia, LLC W E Property Polygons DBA Caliber Collision Centers s Zoning 3417 Chandler Creek Road, Building Units 135, 136, & 137 Feet 0 50100 200 300 400 500 600 U p4 � �u S) CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CALIBER BODYWORKS OF VIRGINIA, LLC DBA CALIBER COLLISION CENTERS [Applicant] GHS II LC [Property Owner] Conditional Use Permit (Automobile Repair Garage) for the property located at 3417 Chandler Creek Road, Units 135, 136, 137 (GPIN 1495047961). COUNCIL DISTRICT 10 (Rouse) MEETING DATE: August 20, 2024 ■ Background: The applicant is requesting a Conditional Use Permit for an Automobile Repair Garage on this Conditional 1-1 Industrial-zoned property. The applicant intends to use three existing units in an industrial condominium building for the repair garage, which totals approximately 4,500 square feet. The property will serve as an overflow work area to the Automobile Repair Garage the applicant operates on nearby 3476 Chandler Creek Road under the name Caliber Collision. Operations to be conducted at this facility include auto body repair, use and storage of hazardous material, handling and use of compressed gases, production of combustible dust, welding and cutting, and related activities associated with the operation of an automotive repair garage for automotive collision. There will be no alterations to the exterior of the building as the applicant plans to use the site as is. ■ Considerations: The request for an Automobile Repair Garage is consistent with the current uses in the industrial park at 3417 Chandler Creek Road. While this area is identified as a part of the Suburban Area as defined in the Comprehensive Plan, it is also located in the 70-75 dB noise zone of AICUZ making it incompatible with residential development. In their application, the applicant states the intent is to only use this site as overflow workspace which is anticipated to have a relatively low volume of activity. 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. 5 letters of support have been submitted. ■ Recommendation: On July 10, 2024, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 9-0-1. Caliber Bodyworks of Virginia, LLC DBA Caliber Collision Centers Page 2 of 2 1. No outside storage or display of equipment, parts, tires, merchandise, or materials shall be permitted on the site. 2. Vehicles in a state of obvious disrepair shall only be stored inside Units 135, 136, or 137. 3. No vehicles in obvious state of disrepair shall be parked in the parking lot at 3417 Chandler Creek Road or parked on Chandler Creek Road. 4. All motor vehicle painting and repairs shall only take place inside the designated suites at 3417 Chander Creek Road. 5. Hours of operation shall be between 7:30 a.m. and 5:30 p.m., Monday through Friday, only. 6. Any signage on site shall conform to the standards and regulations set forth in the Zoning Ordinance. 7. No window or outdoor advertising banners, pennants, streamers, or other such visual devices beyond those permitted by the City Zoning Ordinance shall be permitted on the property. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Letters of Support (5) Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: Agenda Item Applicant Caliber Bodyworks of Virginia, LLC DBA Caliber Collision Property owners GHS 11 LC , Planning • • • 1 1 Virginia Beach . 1 . Request Conditional Use Permit(Automobile Repair Garage) DORM Oa QNE`y ND Staff Recommendation yZ Q"55tP�`, „P45`f' Approval ,ARE LN %Ave Staff Planner aUCKNER # Elizabeth Nowak ET LN OR j RE 7. CELTIC DR ._. . ....... G .lq Pq, Location Vo� °� r 3417 Chandler Creek Road, Units 135, 136, 137 11.1 s'PO °o°� G PI N s�� o + 1495047961 Site Size G°�`�� GAP g4'%�cT°a 4,500 square feet war AICUZ T M 70-75 dB DNL Watershed f Southern Rivers Existing Land Use and Zoning District Industrial park/Conditional I-1 Light Industrial " s .> Surrounding Land Uses and Zoning Districts , . ; North . Mature tree stand/Conditional P-1 'r Preservation South ' Industrial park,single-family dwellings Conditional 1-1 Light Industrial, R-51D Residential `"*`' ��' East ` / o Mini-warehouse storage/Conditional 1-1 Light Industrial F moo. West Mature tree stand/Conditional P-1 oPr + Preservation Caliber Bodyworks of Virginia, LLC DBA Caliber Collision Centers Agenda Item 4 Page 1 Background SummaryofProposal • The applicant is requesting a Conditional Use Permit for an Automobile Repair Garage on this Conditional 1-1 Industrial-zoned property.The applicant intends to use three existing units in an industrial condominium building for the repair garage, which total approximately 4,500 square feet. • The applicant currently operates an Automobile Repair Garage nearby at 3476 Chandler Creek Road under the name Caliber Collision. The applicant intends to use this new location at 3417 Chandler Creek Road, Units 135, 136,and 137 as overflow work area.There are four repair bays across the three units. Each bay can fit two cars at any one time,with a maximum of eight vehicles at this location. Up to five technicians will work here. • While this area will be an overflow location for the operations at 3476 Chandler Creek Road, it will not be used to store or park vehicles awaiting repair at either location.The parking lot is neither gated or screened and the applicant has indicated that only vehicles that are actively being repaired inside the garages will be located on site. • Operations to be conducted at this facility include auto body repair, use and storage of hazardous material (such as new and used vehicle fluids like oil and antifreeze and tanks of acetylene for use in body work repairs), handling and use of compressed gases, production of combustible dust (as a by-product of repairs), welding and cutting, and related activities associated with the operation of an automotive repair garage for automotive collision. • Up to five employees are anticipated at this site. • No alterations to the exterior of the building are planned as the applicant intends to use the space as is. A floorplan is provided on page 7 of this report.The building is a pre-engineered metal building with a steel frame and masonry block veneer. • Per Section 203(a)(16), one parking space is required for each 900 square feet of floor area. Five parking spaces are required for this use at this site.There are 22 parking spaces available on this parcel for the Units 135, 136, and 137, thereby meeting the parking requirement. Caliber Bodyworks of Virginia, LLC DBA Caliber Collision Centers Agenda Item 4 Page 2 Zoning History # Request 1 MDC(Church)Approved 04/05/2016 12 MDC(Church)Approved 06/08/2010 MDC(Church)Approved 11/12/2002 RSD CUP(Church)Approved 12/10/1984 2 CUP(Bulk Storage Yard)Approved 03/01/2016 7 CUP(Automobile Repair Garage)Approved 12/08/2015 CRZ(R-51D to Conditional 1-1)Approved 07/03/2001 Pt 3 CUP(Automobile Repair Garage)Approved 06/12/2012 8 4 CUP(Bulk Storage Yard)Approved 10/13/2009 5 CUP(Automobile Repair Garage)Approved 03/28/2006 oo 6 MDP Approved 10/25/2005 D CRZ(R-51)to Conditional 0-2 and Conditional R-51)) D Approved 08/24/2004 7 CRZ(R-51)to Conditional 1-1,1-2,and P-1)Approved li RSD ' 08/10/2004 D p c2 8 MDP Approved 10/9/2001 CRZ(R-51)to Conditional 1-1)Approved 08/11/1999 Application Types CUP—Conditional Use Permit MDC—Modification of Conditions STC—Street Closure TSTF'li —Subdivision Variance REZ—Rezoning MDP—Modification of Proffers FVR—Floodplain Variance —Land Use Plan CRZ—Conditional Rezoning NON—Nonconforming Use ALT—Alternative Compliance —Short Term Rental EvaluationRecommendation In Staff's opinion,this request for an Automobile Repair Garage is acceptable.While this area is identified as a part of the Suburban Area as defined in the Comprehensive Plan, it is also located in the 70-75 dB noise zone of the AICUZ, which is incompatible with residential development, and the use is consistent with other industrial,warehousing, and repair uses located in the industrial park at 3417 Chandler Creek Road. No alterations are proposed to the building and sufficient parking is met on site. In their application,the applicant states that the intent is to only use this location as overflow workspace and that the only vehicles located here will be those being actively worked on inside the building. Up to eight vehicles can be stored and/or worked on at a time in this facility according to the floor plans provided by the applicant,which is a relatively low volume of activity. Given that there are no adverse traffic impacts and that the use is compatible with the surrounding area and the AICUZ, Staff recommends approval of this request subject to the conditions and exhibits below. Recommended Conditions 1. No outside storage or display of equipment, parts,tires, merchandise, or materials shall be permitted on the site. 2. Vehicles in a state of obvious disrepair shall only be stored inside Units 135, 136,or 137. 3. No vehicles in obvious state of disrepair shall be parked in the parking lot at 3417 Chandler Creek Road or parked on Caliber Bodyworks of Virginia, LLC DBA Caliber Collision Centers Agenda Item 4 Page 3 Chandler Creek Road. 4. All motor vehicle painting and repairs shall only take place inside the designated suites at 3417 Chander Creek Road. 5. Hours of operation shall be between 7:30 a.m. and 5:30 p.m., Monday through Friday,only. 6. Any signage on site shall conform to the standards and regulations set forth in the Zoning Ordinance. 7. No window or outdoor advertising banners, pennants,streamers,or other such visual devices beyond those permitted by the City Zoning Ordinance shall be permitted on the 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. Comprehensive Plan Recommendations This project falls within the Suburban Area.The primary guiding principle for the Suburban Area is to create and maintain Great Neighborhoods that seeks compatible non-residential uses to maintain and create neighborhood stability (p.1-60 to 1-63.With the location of this property falling in the 70-75 dB Noise Zone of the AICUZ and located off a roadway that serves other auto and industrial related uses,this is an acceptable location for this use.Additionally,this property falls in between two Special Economic Growth Areas (SEGAs),and although it does not fall within SEGA 3 or 4, it is seen that a light industrial use would be compatible with this area (p.2-85). Natural & Cultural Resources Impacts The site is located in the Southern Rivers watershed.There are no site improvements or other construction proposed with this application. No known historic or cultural resources will be affected by this application. Traffic Impacts/Transportation Street Name Present Volume Present Capacity Generated Traffic Chandler Creek Road No Data Available 9,900 ADT'(LOS 4 'D„ Existing Land Use 2-No Data Available Proposed Land Use 3-75 ADT lAverage Daily Trips 2 as defined by 4,500 SF of 3 as defined by 4,500 SF of 4 LOS=Level of Service industrial use Automobile Repair Garage Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Chandler Creek Road is a two-lane, local street in the vicinity of this application.There are no CIP projects planned for this area. Caliber Bodyworks of Virginia, LLC DBA Caliber Collision Centers Agenda Item 4 Page 4 Public Utility Impacts Water The site currently connects to City Water.There is an existing 10-inch City water main along Chandler Creek Road. Sewer The stie currently connects to City sanitary sewer.There is an existing 10-inch City gravity sewer main along Chandler Creek Road. Public Outreach Information Planning Commission • The applicant reported that they met with some adjacent businesses,and no objections were raised.The applicant provided a petition with the five signatures of support to Staff. • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on June 10, 2024. • As required by State Code,this item was advertised in the Virginian-Pilot on Wednesdays,June 26, 2024 and July 3, 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 June 24, 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 July 3, 2024. City Council • As required by City Code,this item was advertised in the Virginian-Pilot on Tuesdays,August 6, 2024 and August 13, 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 August 5, 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 August 16, 2024. Caliber Bodyworks of Virginia, LLC DBA Caliber Collision Centers Agenda Item 4 Page 5 EL I /J' I ..I ' I :+ �. h h h d h h hR (. h P i ..lrZj •I �� if J •t.� h y —. .l h' L 1 1. 1..- v t 1 6. tY " . F . r - )•Hof n• r�aAM � h �� t - , FEET p .�.. � F 6gE 1 INCI-25 FkE7' ` . N PROPOSED LANDSCA9NG PLAN O 'HEP D BY Emma IS — _ rneser .Iw 5 $ D p • at' ((DD N. O Q � ,v n � r•r fD (D 3 fD M 4�- L Proposed Floor Plan LLJ cr uz IL UJ Caliber BodywodoofVirginia, LL[DRA Caliber Collision Centers Agenda Item 4 Page �i y 4 +' rt is - +F Site Photos r_. It Caliber Bodyworks of Virginia, LLC DBA Caliber Collision Centers Agenda Item 4 Page 8 Site Photos - :.. PF y, s - Caliber Bodyworks of Virginia, LLC DBA Caliber Collision Centers Agenda Item 4 Page 9 Disclosure Disclosure Statement City 4 ViTinia Bea h 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 Caliber Bodyworks of Virginia LLC DBA Caliber Collision Centers Does the applicant have a representative? is Yes ❑ No • If yes,list the name of the representative. Christina Loayza 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) Judd Nystrom President and Treasurer GregoryM Nichols Chief Administrative Officer,General Counsel and Secretary • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) Caliber Holdings LLC "`Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. 2"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities" See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Caliber Bodyworks of Virginia, LLC DBA Caliber Collision Centers Agenda Item 4 Page 10 Disclosure Disclosure Statement Cuy of�irginke De�di Planning&Community Deve p cm to m t Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?0 Yes ®No • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-coilateralization,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 0 No • If yes,identify the financial institutions providing the service. 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes 0 No • If yes,identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?0 Yes 0 No • If yes,identify the firm and individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?la Yes ❑No • If yes,identify the firm and individual providing the service. Cross Architects,PLLC-Bret Flory- Creating site and floor plans for application 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. Revised 11.09.2020 2 Caliber Bodyworks of Virginia, LLC DBA Caliber Collision Centers Agenda Item 4 Page 11 Disclosure Disclosure Statement Cit4 Il'in7v�iu Hmd� -- Planning&Community Development 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?❑Yes ®NO If yes,identify the company and individual providing the service. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?is Yes ❑ No • If yes,identify the firm and individual providing the service. Cross Architects,PLLC-Bret Flory-Creating site and floor plans for application 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 ja No • If yes,identify the firm and individual providing the service. Applicant Signature I certify that all of the information contained in this Disclosure Statement form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Applicant Signature ^ E)LAd d"V(n Print Name and Title Date Is the applicant also the owner of the subject property? ❑Yes is NO e If yes,you do not need to fill out the owner disclosure statement. FOR applicationsthat pertains to the No changes as of oate 7/30/2024 Sig^ature _L„L.� B Print Name Elizabeth Nowak Revised 11.09.2010 3 1 P a g e Caliber Bodyworks of Virginia, LLC DBA Caliber Collision Centers Agenda Item 4 Page 12 Disclosure Disclosure Statement crryor�;,ur��,s�Ki� Planning&Community Development Owner Disclosure Owner Name G.H.S. II, LLC Applicant Name Caliber Bodyworks of Virginia LLC DBA Caliber Collision Centers 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) Allan Gibbs-Managing member • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the Owner. (Attach a list if necessary) Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes ®No If yes,what is the name of the official or employee and what is the nature of the interest? "'Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. '"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11,09.1010 5 1 Caliber Bodyworks of Virginia, LLC DBA Caliber Collision Centers Agenda Item 4 Page 13 Disclosure Statement Disclosure Statement Planning&Community Development Owner Services Disclosure 1. Does the Owner have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? 0 Yes JR 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? El Yes 0 No If yes,identify the company and individual providing the service. 3. Does the owner have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?0 Yes KR No If yes,identify the firm and individual providing the service. 4 Does the Owner have services from an arch itect/la ndscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?1:1 Yes IRMO If yes,identify the firm and individual providing the service. 5. is there any other pending or proposed purchaser of the subject property?El Yes XE3 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?El Yes UNO 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?D Yes �M No If yes,identify the firm and individual providing the service. Caliber BodyworksofVirginia, LLCD8A Caliber Collision Centers Agenda Item 4 Pagel4 Disclosure Statement Disclosure Statement cuy of vyLnn eNd, 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 I91 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. 1 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 G.H.9---11, LLC___ Aj,l_tan Tibbs managing member Print Name and Title April 25, 2024 Date 71Pa �ze Caliber Bodyworks of Virginia, LLC DBA Caliber Collision Centers Agenda Item 4 Page 15 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-5692. • 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. Caliber Bodyworks of Virginia, LLC DBA Caliber Collision Centers Agenda Item 4 Page 16 Virginia Beach Planning Commission July 10, 2024, Public Meeting Item # 4 Caliber Body Works of Virginia Recommendation: RECOMMENDED FOR APPROVAL Discussion Ms. Cuellar: Thank you very much. Our next item is Item 4, Caliber Body Works of Virginia. Can the representative please come forward? Ms. Loayza: My name is Christina Loayza. I represent Caliber Body Works of Virginia, DBA, Caliber Collision Centers, and I consent to the conditions that were put upon us. Ms. Cuellar: Okay, great. Thank you very much. You may be seated. Is there any opposition to this item being placed on the consent agenda? Hearing none, I've asked Commissioner Parks to read this into the record. Mr. Parks: Thank you. The applicant is requesting a conditional use permit for an automobile repair garage on this conditional 1-1 industrially zoned property. The applicant intends to use three existing units in an industrial condominium building for the repair garage, which is approximately 4,500 square feet. There are no planned exterior alterations, and no letters of opposition on file with five letters of support on file. Hearing that, we've placed 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 ##1, 4, 5, 6, 7, 8, 9, 10, 13, 14. Mr. Alcaraz: Thank you, Vice Chair. Do I have a motion to approve this? Ms. Cuellar: I move that these items be approved by consent. Mr. Alcaraz: I got a motion by Ms. Cuellar. I need a second. Mr. Coston: I need to just note abstentions. I'm sorry, 4 and 14. Mr. Alcaraz: Thank you. Okay, I got it. Let me get a second. Mr. Coston: Second. Mr. Alcaraz: Second by Mr. Coston. Any abstentions? Mr. Coston: Abstaining on items 4 and 14 for reasons set forth in a letter with the City. Mr. Alcaraz: Thank you. Ms. Cuellar: I am abstaining from the item on Pembroke Lake Circle, item #10 for reason stated in the letter that I've provided to the City Attorney. Mr. Alcaraz: All right, thank you. Ms. Alcock: The vote is now open. By a vote of 10:0 with an abstention on #four, one abstention on #10, and one abstention on item #14, agenda items #1, 4, 5, 6, 7, 8, 10, 13, and 14 have been recommended for approval. Vote Tall AYE 9 NAY 0 ABS 1 ABSENT 1 Alcaraz AYE Anderson AYE B ler AYE Cromwell X Coston ABS Cuellar AYE Estaris AYE Hi en AYE Mauch AYE Parks AYE Plumlee AYE CONDITIONS 1. No outside storage or display of equipment, parts, tires, merchandise, or materials shall be permitted on the site. 2. Vehicles in a state of obvious disrepair shall only be stored inside Units 135, 136, or 137. 3. No vehicles in obvious state of disrepair shall be parked in the parking lot at 3417 Chandler Creek Road or parked on Chandler Creek Road. 4. All motor vehicle painting and repairs shall only take place inside the designated suites at 3417 Chander Creek Road. 5. Hours of operation shall be between 7:30 a.m. and 5:30 p.m., Monday through Friday, only. 6. Any signage on site shall conform to the standards and regulations set forth in the Zoning Ordinance. 7. No window or outdoor advertising banners, pennants, streamers, or other such visual devices beyond those permitted by the City Zoning Ordinance shall be permitted on the 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. To whom it may concern, The below businesses understand that Caliber Collision has filed for a Conditional Use Permit for 3717 Chandler Creek Road Suite#135, 136 and 137,Virginia Beach,VA 23453.The below are in support of an auto repair shop at that location,as it will bring more business to our area. We hope this will be considered in your decision when it comes to issuing a conditional use permit to their business. Wheel and Rim Repair 3428 Chandler Creek Rd P: (757)304--6920 Richard Linton-Owner Wash Me Please 3424 Chandler Creek Rd P:(757)932-3618 &'"- Willie Brown-Owner Courthouse Imports 3437 Chandler Creek Rd P:(757)563-0319 v Scott Allen-Owner vanmark uC 3421 Chandler Creek Rd P:(757)689-3850 Markus Tavenner-Owner Atlantic Marine Construction 3465 Chandler Creek Rd P:QW)352-IPT3 Bruce Exum-Owner �.— aroke � M 1� ,k'e-8°u -� a� pernb ro ` � c, B2' B2 Room B2 o L a- B�2 N ® Site w. Property Polygons Diamond Farrow Zoning 4604 Pembroke Lake Circle, Suite 104 s Building Feet 0 2550 100 150 200 250 300 u^DE41, r. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: DIAMOND FARROW [Applicant] STAR REAL ESTATE, LLC [Property Owner] Conditional Use Permit (Assembly Use) for the property located at 4604 Pembroke Lake Circle, Suite 104 (GPIN 1478511874). COUNCIL DISTRICT 9 (Schulman) MEETING DATE: August 20, 2024 ■ Background: The applicant is proposing to operate an event rental space within a 1,050-square- foot unit in the existing building on the site. Per the Zoning Ordinance, an event venue is classified as an Assembly Use, and as such, a Conditional Use Permit is required for property in the B-2 Community Business District. Specifically, the applicant proposes to rent the venue to the public for small gatherings, such as networking events, business meetings, receptions, birthday gatherings, and other various small private events. Those renting the venue will be responsible for bringing food prepared offsite, by either a caterer or by themselves, as there will not be a kitchen onsite. The applicant intends to limit the number of guests to no more than 49 people; however, the maximum occupant load will ultimately be determined by the Building Official/Fire Marshal. Per the Zoning Ordinance, the site is classified as a shopping center with a parking requirement of one space per 250 square feet of floor area. This results in a minimum parking requirement of 44 spaces; however, there are only 35 spaces on the property. Based on this, the applicant submitted a parking study that contends that there is sufficient parking on the site based on the typical hours of operation of the various tenants in the building, including parking for the assembly use. The various uses of this shopping center include various retail shops, a church, Beauty Bar, Martial Arts School, and a Daycare Center. The Zoning Administrator approved the parking study with limited hours of operation to ensure peak hours for the assembly use would not overlap with peak hours of the other uses in the center, as noted in Condition 4. There will be no significant modifications to the site or to the exterior of the building. The existing box sign will remain above the entrance; however, the sign face will be modified to display the logo of the establishment. ■ Considerations: The proposed use is, in Staff's opinion, acceptable and consistent with other retail establishments in the shopping center. Further details pertaining to the application, Diamond Farrow Page 2 of 2 as well as Staff's evaluation, are provided in the attached Staff Report. There is no known opposition to this request. ■ Recommendation: On July 10, 2024, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 9-0-1 . 1. The applicant shall obtain all necessary permits and inspections from the Planning Department/Permits and Inspections Division. The applicant shall secure a Certificate of Occupancy from the Building Official's Office for use of the existing building as an Assembly Use. 2. The maximum number of occupants of the building shall be as established by the City of Virginia Beach Fire Marshall, but in no instance shall the occupancy exceed 49 people. 3. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon, electronic display or similar sign installed on the exterior of the building or in any window, or on the doors. A separate sign permit shall be obtained from the Planning Department for the installation of new signs. 4. The hours of operation will be 6:00 pm to 12:00 am, Monday through Fridays, Noon to 12:00 am on Saturdays and Sundays. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Petition of Support (4) Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: 14V Applicant Diamond Farrow Agenda Item Property Owner Star Real Estate, LLC Planning B • • • 1 1 ' • • Virginia Beach Request Conditional Use Permit (Assembly Use) Staff Recommendation �E�'"PN JS Approval ° a " RO RO°," E"`a pGt 9°h <k hF <" �\s�� p o Staff Planner °°°< `<e, Madison Harris Eichholz sO<<," fiT. ap h�'P ka" ql oe< Z y Location \ l G-0" 4604 Pembroke Lake Circle, Suite 104 ; O R ew 'r: y MB Kf 1 - s Z GPIN 11I P 1478511874 �� W Site Size MERRIMPG 37,300 square feet Q440 AICUZ J� m ShFFF R Less than 65 dB DNL a � �F(pDR Watershed IIIERch� Chesapeake Bay Existing Land Use and Zoning District Mixed Retail/B-2 Community Business 01P .,Ta BROKE B� Surrounding Land Uses and Zoning Districts PEM 1, North Pembroke Boulevard Vacant Lot/ B-2 Community Business A t South m Pembroke Lake Circle Townhouses/B-2 Community Business M 824 1 East Bank/ B-2 Community Business West Pembroke Lake Circle Mixed Retail/B-2 Community Business ` L9 ,.: Diamond Farrow Agenda Item 10 Page 1 Background SummaryofProposal • The applicant is proposing to operate an event rental space within a 1,050-square-foot unit in the existing building on the site. Per the Zoning Ordinance, an event venue is classified as an Assembly Use,and as such, a Conditional Use Permit is required for property in the B-2 Community Business District. • Specifically,the applicant proposes to rent the venue to the public for small gatherings,such as networking events, business meetings, receptions, birthday gatherings,and other various small private events. • Those renting the venue will be responsible for bringing food prepared offsite, by either a caterer or by themselves, as there will not be a kitchen onsite. • The applicant intends to limit the number of guests to no more than 49 people; however,the maximum occupant load will ultimately be determined by the Building Official/Fire Marshal. • Per the Zoning Ordinance,the site is classified as a shopping center with a parking requirement of one space per 250 square feet of floor area.This results in a minimum parking requirement of 44 spaces; however,there are only 35 spaces on the property. Based on this,the applicant submitted a parking study that contends that there is sufficient parking on the site based on the typical hours of operation of the various tenants in the building, including parking for the assembly use.The various uses of this shopping center include various retail shops,a church, Beauty Bar, Martial Arts School,and a Daycare Center. The Zoning Administrator approved the parking study with limited hours of operation to ensure peak hours for the assembly use would not overlap with peak hours of the other uses in the center.The hours of operation are included in Condition 4 below. • There will be no significant modifications to the site or to the exterior of the building.The existing box sign will remain above the entrance; however,the sign face will be modified to display the logo of the establishment,as shown on page 6 of this report. E32 1 Zoning History # Request 1 CUP(Indoor Recreation)Approved 04/13/1999 2 CUP(Tattoo Parlor)Approved 05/08/2019 R CUP(Assembly Use)Approved 10/02/2019 Meµ0KEE UR u B� A1• W -- W �62 O Application Types CUP—Conditional Use Permit MDC—ModificationofConditions STC—Street Closure SVR—SubdivisionVariance REZ—Rezoning MDP—Modification of Proffers FVR—FloodplainVariance LUP—Land Use Plan CRZ—Conditional Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental Diamond Farrow Agenda Item 10 Page 2 Evaluation Recommendation This assembly use will provide an amenity space to the community to use for small gatherings and social events.As previously mentioned, parking for the shopping center is deficient by 9 spaces. The parking study submitted by the has been reviewed and approved by the Zoning Administrator. Staff concludes that there are not enough parking spaces for the assembly use to operate during peak hours however the applicant is agreeable to counter the hours of the other uses on site. To accommodate parking on site,Staff recommends that events be limited to off peak hours and weekends, as noted in condition 4 below. Based on this,Staff Recommends approval of this application,subject to the conditions listed below. Recommended Conditions 1. The applicant shall obtain all necessary permits and inspections from the Planning Department/Permits and Inspections Division.The applicant shall secure a Certificate of Occupancy from the Building Official's Office for use of the existing building as an Assembly Use. 2. The maximum number of occupants of the building shall be as established by the City of Virginia Beach Fire Marshall, but in no instance shall the occupancy exceed 49 people. 3. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance,and there shall be no neon, electronic display or similar sign installed on the exterior of the building or in any window,or on the doors.A separate sign permit shall be obtained from the Planning Department for the installation of new signs. 4. The hours of operation will be 6:00 pm to 12:00 am, Monday through Fridays, Noon to 12:00 am on Saturdays and Sundays. 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 project falls within the Suburban Area.The primary guiding principle for the Suburban Area is to create and maintain Great Neighborhoods that seeks compatible non-residential uses to maintain and create neighborhood stability.The proposed event venue aligns with the recommendations of the Comprehensive Plan. Diamond Farrow Agenda Item 10 Page 3 Natural & Cultural Resources • The site is located in the Chesapeake Bay watershed. There are no known significant cultural resources associated with this site. Traffic Impacts/Transportation Street Name Present Volume Present Capacity Generated Traffic Independence Blvd 40,500 ADT' 55,500 ADT 1(LOS 4"D") Assembly Use 3—No Data Available Pembroke Lake Circle No Data Available 9,900 ADT 1(LOS°"D") Assembly Use 3—No Data Available 'Average Daily Trips 3 No information available in the 4 LOS=Level of Service ITE Trip Generation Manual for eventvenues Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Independence Blvd is a six-lane divided major arterial road in the vicinity of this site. There is currently no capital improvement projects scheduled for this segment of Independence Blvd. Pembroke Lake Circle is in the vicinity of this application is considered a two-lane undivided local street. No Capital Improvement Projects are slated for this area. Active Transportation Plan The Active Transportation Plan calls for the expansion of the existing shared use path on Witchduck Road adjacent to this project. However,due to the scope of this project, namely that the applicant is occupying an existing unit and no exterior site improvements are proposed,staff is not requiring the applicant to complete improvements. Public Utility Impacts Water&Sewer The property is connected to water and sewer. Water and sanitary sewer service must be verified and improved if necessary, so that the proposed development will have adequate water pressure,fire protection and sanitary sewer service. PublicOutreach Information Planning Commission • The applicant reported that they met with the surrounding property owners, and no objections were raised. A petition in support of the use has been submitted with four signatures. • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on June 10, 2024. • As required by State Code,this item was advertised in the Virginian-Pilot on Wednesdays,June 26, 2024 and July 3, 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 June 24, 2024. Diamond Farrow Agenda Item 10 Page 4 • 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 July 3,2024. City Council • As required by City Code,this item was advertised in the Virginian-Pilot on Tuesdays,August 6, 2024,and August 13, 2024. • As required by City Code the adjacent property owners were notified regarding both the request and the data of the City Council's public hearing on August 5,2024. • 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 August 16, 2024. Diamond Farrow Agenda Item 10 Page 5 Proposed Site Layout �- .:' � r O q t � F Diamond Farrow Agenda Item 10 Page 6 Proposed Signage Diamond Agenda — �. . Site Photos 77 .a Diamond Farrow Agenda Item 10 Page 8 II� Diamond • Agenda Item 10 Page 9 Disclosure Disclosure Statement r Planning&Community Diievelopment 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 bionr\0 t 02a)W Does the applicant have a representative? ❑Yes D No . If yes,list the name of the representative Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?❑Yes 5a No • I'yes,list the names of all officers,directors,members,trustees,etc.oe,ow. (Attach a list if necessary) • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) "Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than So percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA Code 4 2.2-3101. "Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(d)a controlling owner in one entity is also a controliing 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 ex-stence 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 bans;or there is otherwise a close working relationship between the entities" See State and Local Government Conflict of Interests Act,Va. Code 4 2.2.3101, Revised 1109 202G 1 I P a f'.€' Diamond Farrow Agenda Item 10 Page 10 ' Disclosure Disclosure Statement VA3 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?7 Yes Y 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-collateratiration,etc)or are they considering any financing in connection with the subject of the appl cation or any business operating or to be operated on the property? O Yes rX No • If yes,identify the financial institutions providing the service. 2. Does the applicant Pave a real estate broker/agent/realtor for current and anticipated future sales of the subject property? CD Yes X No • If yes,identify,the company and:nd wdoal providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns p'ovldrd in connection with the subject of the application or any business operating or to be operated on the property?❑Yes W No a 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 py No • If yes,identify the firm and individual providing the service. s. is there any other pending or proposed purchaser of the subject property?0 Yes ;R No • If ya%identify the purchaser and purchaser's service providers Diamond Farrow Agenda Item 10 Page 11 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?11 Yes l(NO • If yes,identify the company and individual providing the service. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?0 Yes 19 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 �6 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 prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee I connection with this application. Applicant Signature Print Name and Title _-t 11214 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 applications ® tIpKK•60t 1 8/5/2024 stan.ture 9- a Q�1AL " . NOC " "t"'"1Q Madison Byr Harris Eichholz Revised 11.09.2020 Diamond Farrow Agenda Item 10 Page 12 Disclosure Disclosure Statement VD clir drwv..Aed Planning&Community .� Development Owner Disclosure owner Name Applicant Name Is the Owner a corporation,parttrership,firm bsm;Fw%ss tmd man ur.n cr vK—t"f fiw'C]A1 r"eS ❑NO tf yes,list the names of all officers,dirrdor;menben trusbM MCbdm.(Attach a tip tf rtlse%3asry) K yes,Fist the businesses that have a pass ertt-mbd6arrt or arrisated btainess enoitb'ntdkrdvip with the Owner. Wtxh a Est if necessary) Known Interest by Publk Off dal Or Emr tovee Does an off-imi or MWkryee of the CAY of Yrpnia d_0ch!have an Interest in the subject hand or or airy ptoposrd development eontiheent on the subject public aMon?O YeS M No • Iyea,what is the name of the official or employee and what is the nature of the interest? s'Pare in wbsidiary tdaticimhip,means'a relationship that mats wtren one corporation duecoy or indrectiy owns stares posse 3M more Own 50 percent of the rotrry,power of another corporation' See State and laol Government Conflict of interests Act,VA.code 5 u 310L 'Affitated business entity reW vyrshii mrims'a rel it.xnship,other than prrerrt-Ukudisary rebbor s.p.that arts when(1 one business entity has a controding ownership interest on the other business entity,(is)a controlling owner in one tatty is also a contreAsing owner in the other entry,or(i.)there is shared management or oontroi between the business entlties. Factors Mat should be considered in detmnining the eustmve of an affiliated business entity relationship indrde that the same person ar substantalty the same person own or rnaraige the two errtRus;there are common or wrrtrttrtgied lung or asset;the business entitirs share the use of the sane of5oes or employres or othrfs a share acbvdws,resources or perwc*mc u r a reg%ia bash:a there is otherwise a riche worisig rcial orrsiv between the en6tA--.'See State and local Govenrrwm Conflict of WKrr esis Ad,Va. Code S 2.2-3101- rrnosn1n 5 1 P a K e Diamond Farrow Agenda Item 10 Page 13 Disclosure Disclosure Statement V46 Planning&Community " Development = Owner Services Dixt_o_sure L Does the Owner have ary anift>:fw anartg(room Mr.deeds of butt auspe trteraidab R Ad or are OW cn addering any n connectis+with the wb^i of the appkatic or am bushm oprratM or to be on the DeM'r•ny r Yes t]No ryes,�ecntify the tnarscral nuitsRi«ts prt�vdng tie wear_ W S t=�gA A/ - Z. D1oes the Owner hart a nit estatr bmkwj-w-9/reW%xx for artud ad b jed Propr1W CJ Yes O No tf yes,identify thr cnmpam and individual providing thettetMtft S C Se. CAL ,aSS�Gfc -s • �' 3. Does tfe Owner hart se"-m for aocaurrterg and/or peeprrtian of—rrr0an a provided in c"wctmft aft OW srbjed of the application or any(business opevaurp or to be operated on the property?U"es ONO it yek identify the frm and irudividwl providing the senior. 4. Dom the ownet tsare serwc m bom an Ana piamcr provided on coev rah the wbpmI of are appliobm m NW bus..'s`operatr+t or to be operated on ate property?❑Yes "o • gym rdmmN the rr r-and ndivkW providing the sertwe- 5. h thefe any~pera n art*v--d w'Rt--of the lk r W.Wny?0 Yes aN. • r yM KSer'7ti d*purthasr•r and purrhasees s--wv r=rt Ih??•"'7 6. Does the Owner have a 0-s-Mtion aaeutra.ter y oonnectinn with the uAWd of are apprrabm at any bu>are.s open bW or to be operated on the property?❑Yes D N O . tf yes,identity the company and individual prowbre the servicr 7. Does ew Owner have an mnnea.m with the subject of the app4ution or any business operating or to be operatrd on the property?❑Yes O N o r ya....ably the fn m and... .-, wl r i.r,the servscr_ 61Paee Diamond Farrow Agenda Item 10 Page 14 Disclosure Disclosure Statement ca.M 1 tivw X.lel Planning&Conimuntty Development _ 1 & Is the Owner reeceiviv lepl•ervrcr_s in aorpf'a—with the subject of the a * ttoe or airy busi m ope�atieg or fa be th operated on e property?0 Yes No • r yes,KknVfy the frm and wdnadual prowrr v k I J the seswr Owner Siytature I c erUdp that all of the idortnation containd in this Dmclouxe stateYrwnt form is complete,true,and actuate. I understand that, upon receipt of nobffntion that the app6ution has been sdwdskd fa pubic he v i on mspamhir tot updutoW the bykw xcrtson provided he ri,two or prior to the meet Rs of Ptssninq conrrAssioe.City Q*rd.VBLA,CBPA W ett wwe%Bard or any pubirc body or oxnn ttee Iw ftirlrtltllOiA titb tkk wpilCmbm Owrtel�A 7!N sub- k7� / /�•�esrcf� -- — Print Nant•ta1111 Tk e !!-pa?l . 7y0. ode o.4,&4 v i no sn an 7 1 P a o Diamond Farrow Agenda Item 10 Page 15 Next Steps i • 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. Diamond Farrow Agenda Item 10 Page 16 Virginia Beach Planning Commission July 10, 2024, Public Meeting Item # 10 Diamond Farrow Star Real Estate, LLC Recommendation: RECOMMENDED FOR APPROVAL Discussion Ms. Cuellar: Thank you very much. Item #10 Diamond Farrow Star Real Estate, LLC. Welcome. Could you please state your name for the record? Ms. Farrow: Diamond Farrow. Ms. Cuellar: Are the conditions acceptable to you? Ms. Farrow: Yes, they are. Ms. Cuellar: Okay, thank you very much. Is there any opposition to this item being placed on the consent agenda? Hearing none, I've asked Commissioner Coston to please read this into the record. Mr. Coston: The applicant is proposing to operate an event rental space within a 1,050 square foot unit in the existing building on the site. Per the zoning ordinance, an event venue is classified as an assembly use, and as such a conditional use permit is required for property in the B2 community business district. Specifically, the applicant proposes to rent the venue to the public for small gatherings such as networking events, business meetings, receptions, birthday gatherings, and other various small private events. The discussed item in an early meeting and deemed that this item was appropriate 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 ##1, 4, 5, 6, 7, 8, 9, 10, 13, 14. Mr. Alcaraz: Thank you, Vice Chair. Do I have a motion to approve this? Ms. Cuellar: I move that these items be approved by consent. Mr. Alcaraz: I got a motion by Ms. Cuellar. I need a second. Mr. Coston: I need to just note abstentions. I'm sorry, 4 and 14. Mr. Alcaraz: Thank you. Okay, I got it. Let me get a second. Mr. Coston: Second. Mr. Alcaraz: Second by Mr. Coston. Any abstentions? Mr. Coston: Abstaining on items 4 and 14 for reasons set forth in a letter with the city. Mr. Alcaraz: Thank you. Ms. Cuellar: I am abstaining from the item on Pembroke Lake Circle, item #10 for reason stated in the letter that I've provided to the city attorney. Mr. Alcaraz: All right, thank you. Ms. Alcock: The vote is now open. By a vote of 10:0 with an abstention on #four, one abstention on #10, and one abstention on item #14, agenda items #1 , 4, 5, 6, 7, 8, 10, 13, and 14 have been recommended for approval. Vote Tall AYE 9 NAY 0 ABS 1 ABSENT 1 Alcaraz AYE Anderson AYE B ler AYE Cromwell X Coston AYE Cuellar ABS Estaris AYE Hi en AYE Mauch AYE Parks AYE Plumlee AYE CONDITIONS 1. The applicant shall obtain all necessary permits and inspections from the Planning Department/Permits and Inspections Division. The applicant shall secure a Certificate of Occupancy from the Building Official's Office for use of the existing building as an Assembly Use. 2. The maximum number of occupants of the building shall be as established by the City of Virginia Beach Fire Marshall, but in no instance shall the occupancy exceed 49 people. 3. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon, electronic display or similar sign installed on the exterior of the building or in any window, or on the doors. A separate sign permit shall be obtained from the Planning Department for the installation of new signs. 4. The hours of operation will be 6.00 pm to 12.00 am, Monday through Fridays, Noon to 12.00 am on Saturdays and Sundays. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. I i PETITION TITLE DELUXXE EVENTS & RENTALS Hello my name is Diamond Farriow I am opening an event space in the neighborhood I'm currently in the process of going through licensing and i wanted to know if I have your full support with welcoming me to communitl ## Name 4 I f Business Name Phone Number Date i I i -ttl03 S ����y - _...........R............__...._........ ........... ..._......_........._..........._...,...._......... ....:..��._S �l .:` `�. i _ I� 2 ....... E._.__....._._tc!..._.a_e� gee...._...__F..? _-. Cal,............... _. �o ._._..._.....__.... .._.._.._.__�._................... _._._........... .�� ............._.... -......._....._........_........._._._..........._._.._.............._..._.- ......_ s e .. .. 6 ' ....... _......... - ._.... _ _..__..._.._._. _...--_..._..-................._._..__._...__..._..._ .............. ............_.._......_._..._......_.._............._.... _.. . . _. 8 : _ 9 ' _._...._....._..._.._. = i : t ..............................._.........._..._......... .____.«.. i 10 ! _. ..._...........-_._....«_...__._.........�.._. _... _.._....._.._._.._..._._ _...._ S t 11 . ....:.... _ 1 12 ........................... .._.._«._.._... _.._.._.._.._....._.._ ' = i 13 _...._..........._.._. _....................._......_..._................ ............. 14 __....... 1s -- 1 -- B2 C 12 a' MC N ® Site Brian L Harris W F: Property Polygons 212 Southgate Avenue S Zoning & adjoining southern parcel Building Feet 0 1020 40 60 80 100 120 "-I.•l c. e� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: BRIAN L. HARRIS [Applicant] AL MASON LANDSCAPING, INC. [Property Owner] Conditional Use Permit (Automobile Repair Garage) for the property located at 212 Southgate Avenue & adjoining southern parcel (GPIN 1467944748, 1467944746). COUNCIL DISTRICT 4 (Ross-Hammond) MEETING DATE: August 20, 2024 ■ Background: The applicant is requesting a Conditional Use Permit to operate an Automobile Garage in the existing building at 212 Southgate Avenue and the parcel immediately adjacent to the south. No alterations to the building are proposed. Both parcels are zoned 1-1 Light Industrial. The proposed garage will service approximately 3 to 5 vehicles daily that will be dropped off and picked up by customers. Hours of operation are proposed between 8:00 a.m. and 5:00 p.m. Monday through Friday. Sufficient parking will be provided on site. The applicant is requesting deviations to landscape requirements for building foundation plantings and parking lot landscape requirements. ■ Considerations: The property is located in the Central Village District, a subarea defined in the Pembroke Strategic Growth Area (SGA), which is recommended to transition away from autocentric uses and to develop as a mixed-use, mid-rise neighborhood. The request for a Conditional Use Permit, while not meeting the Comprehensive Plan's recommendations for the Central Village District, is an acceptable interim use given the current concentration of auto-centric uses in the area. The requested deviations to landscaping requirements are acceptable given the interim nature of the site and as the applicant is proposing no major alterations to the property. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. There is no known opposition to this request. ■ Recommendation: On July 10, 2024, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 10-0. 1 . This Conditional Use Permit shall expire after five (5) years from the date of City Council action. To continue the use of the Automobile Repair Garage after such expiration, a new Conditional Use Permit shall be obtained. 2. Hours of operation shall be between 8:00 a.m. to 5:30 p.m., Monday through Friday only. Brian L. Harris Page 2 of 2 3. Parking spaces shall be marked by freestanding signage in substantial conformance with the style exhibited to Planning Commission and City Council and/or by concrete wheel stops. 4. No alterations shall be made to the existing buildings. 5. All automobile repairs shall take place only inside the building. 6. No outside storage of equipment, parts, materials, tires, merchandise, or similar objects or goods shall be permitted. 7. The parking lot shall be for use by employees, customers, and customer vehicles only. There shall be no storage of other vehicles on site (e.g., offsite storage for automobile sales). 8. No outside storage of vehicles in obvious disrepair shall be permitted if vehicles in this condition require storage, then such vehicles shall be stored within the building. 9. All lighting and glare shall be deflected, shaded, and focused away from adjoining property. 10.No automobile sales shall be permitted. 11.Any cleaning and/or detailing of vehicles shall only be permitted indoors and shall adhere to all required regulations for collection, treatment, and disposal of wastewater. 12.No building foundation landscaping nor parking lot landscaping shall be required. This is a deviation from the landscape requirements in the Site Plan Ordinance. 13.The ADA space shall meet the minimum dimensional requirements as set forth in the Zoning Ordinance (9-feet by 18-feet) and shall be paved with a hard surface like concrete or asphalt. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. �- Submitting Department/Agency: Planning Department City Manager: , `' /� Applicant Brian L. Harris Agenda Item Property owner Al Mason Landscaping, Inc. Planning • • • 1 1 (-rug �� • (Ross-Hammond) 7 Virginia Beach Request Conditional Use Permit(Automobile Repair Garage) Staff Recommendation Approval �\ Staff Planner \� Elizabeth Nowak a a r W z w AO w Location W Z �> u CLEVELANO ST 1p 212 Southgate Avenue&adjoining southern — W � parcel \ - SOUTHERN BLVD-p - GPINs � � o NANDAN RC 1467944748, 1467944746 It, Site Size "SPPao�1s 9,375 square feet �,P°yt MPG oNPss� oa c`o "q AICUZ o. e P�KF 01 W� H� c c Less than 65 dB DNL Watershed Chesapeake Bay Existing Land Use and Zoning District Former office/1-1 Light Industrial - _:_�, < ; r M y 0 ' 3 Surrounding Land Uses and Zoning Districts North r i I Retail/1-1 Light Industrial ` South Industrial office/I-1 Light Industrial �' � {-� East Eating and drinking establishment,automobile 1� P1 repair garage/1-1 Light Industrial -� 6L6V LAND ST West Southgate Avenue t „�• ' �Y;� 4 �. R x Salvage yard/I 1 Light Industrial Brian L. Harris Agenda Item 7 Page 1 Background of • • . • The applicant is requesting a Conditional Use Permit to operate an Automobile Repair Garage in the existing buildings at 212 Southgate Avenue and the parcel immediately adjacent to the south. Both parcels are zoned 1-1 Light Industrial.The applicant became aware of the need to obtain a Conditional Use Permit after they had already signed a lease and had begun operating on site.They submitted an application upon learning of the requirement. • The proposed repair garage will service approximately three to five vehicles daily.Vehicles are received via drop off by customers who return later for pickup. • Hours of operation are proposed between 8:00 a.m. and 5:00 p.m., Monday through Friday. • Employees include the repair garage owner and his wife.They occasionally contract employees,though typically there are only one or two contract employees at a time. • This property is located in the Central Village District, a subarea defined in the Pembroke Strategic Growth Area (SGA). As the applicant is familiar with recommendations for this area in the Pembroke SGA to transition away from autocentric uses and the impending Cleveland Street CIP,they intend to use the site as-is with the understanding that they may only operate here a short time. • The applicant is also requesting deviations to landscape requirements for building foundation plantings and parking lot landscape requirements given the likelihood that they will only operate at this location for a finite period. • Per Section 203(a)(16),one parking space is required for every 900 square feet of floor area. The building is approximately 4,903 square feet,which requires a minimum of five parking spaces.The site can accommodate five parking spaces,thereby meeting the requirement. v 92 A b 12 I Zoning History W # Request 1 1 CUP(Automobile Repair Garage)Approved 08/04/2015 �+ 2 CUP(Church)Approved 04/13/2010 CLEVELAND 3T H Application Types CUP—Conditional Use Permit MDC—Modification of Conditions STC—Street Closure SVR—Subdivision Variance REZ—Rezoning MDP—ModificationofProffers FVR—FloodplainVariance LUP—Land Use Plan CRZ—Conditional Rezoning NON—Nonconforming Use ALT—AlternativeCompliance STR—Short Term Rental Brian L. Harris Agenda Item 7 Page 2 Evaluation • • • In Staffs opinion,this request for a Conditional Use Permit for an Automobile Repair Garage is acceptable.The Comprehensive Plan's recommendations for the Pembroke SGA, and particularly for the Central Village District, are contrary to many of the existing uses in this area.This property is one of many in the area identified as the Central Village District that has been or is currently used for automotive service, repair, or storage.The Pembroke SGA plan envisions gradual replacement of these uses with dense, urban residential development supported by businesses catering to residential needs and services.While the proposed use would continue a contrary use,Staff recommends Condition 1,which would set an expiration date for this Conditional Use Permit and thereby requiring a new one be obtained should the applicant wish to continue in this location. Redevelopment in line with the vision set in the Comprehensive Plan is not yet ripe in this area, but may be soon,following the completion of the Cleveland Street CIP and other mixed-use and residential projects in the Pembroke SGA. Staff finds this to be a reasonable interim use that can be reevaluated in five years to see if it is still a reasonable and compatible use. Conditional use permits for similar uses in this district that were approved in the mid-2010s were conditioned with expirations after 10 years,which was intended to coincide with the planned improvements to Cleveland Street. Recommended Condition 1 is consistent with past practice and will coincide with those expirations.The proposed hours of operation are typical for most businesses and Staff recommends Condition 2 to provide some flexibility for the applicant for customer pickup in the evenings. Given the conditions discussed above, Staff is also supportive of the requested deviations to landscape requirements, particularly as Staff recommends this only as an interim use.The site is almost entirely covered with impervious surface. The parking area is crushed gravel,and several overhead bays take up large areas of the primary building elevations. There is little reasonable area in which to landscape and still maintain access and use of the site.The applicant will be marking parking spaces by installing freestanding parking signs and will tidy the gravel lot. While this site is near Cleveland Street and the CIP project for that street, it will not be directly affected.Staffs analysis finds that there will be few additional trips generated as a result of this use. Staff recommends approval of this request subject to the conditions and exhibits in this report. Recommended Conditions 1. This Conditional Use Permit shall expire after five(5)years from the date of City Council action.To continue the use of the Automobile Repair Garage after such expiration, a new Conditional Use Permit shall be obtained. 2. Hours of operation shall be between 8:00 a.m.to 5:30 p.m., Monday through Friday only. 3. Parking spaces shall be marked by freestanding signage in substantial conformance with the style exhibited to Planning Commission and City Council and/or by concrete wheel stops. 4. No alterations shall be made to the existing buildings. 5. All automobile repairs shall take place only inside the building. 6. No outside storage of equipment, parts, materials,tires, merchandise,or similar objects or goods shall be permitted. 7. The parking lot shall be for use by employees, customers, and customer vehicles only.There shall be no storage of other vehicles on site (e.g., offsite storage for automobile sales). 8. No outside storage of vehicles in obvious disrepair shall be permitted if vehicles in this condition require storage, then such vehicles shall be stored within the building. Brian L. Harris Agenda Item 7 Page 3 9. All lighting and glare shall be deflected,shaded, and focused away from adjoining property. 10. No automobile sales shall be permitted. 11. Any cleaning and/or detailing of vehicles shall only be permitted indoors and shall adhere to all required regulations for collection,treatment,and disposal of wastewater. 12. No building foundation landscaping nor parking lot landscaping shall be required.This is a deviation from the landscape requirements in the Site Plan Ordinance. 13. The ADA space shall meet the minimum dimensional requirements as set forth in the Zoning Ordinance(9-feet by 18-feet)and shall be paved with a hard surface like concrete or asphalt. 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. ComprehensiveRecommendations The Comprehensive Plan designates the subject property as being within the Pembroke Strategic Growth Area (SGA) in the Central Village District.The Central Village District is envisioned to be an eclectic bohemian neighborhood with a variety of housing typologies and activities,small shops,galleries, and a central park(1-30 to 1-36).An automotive repair business does not fit this vision as a compatible use in the Pembroke SGA as it fails to advance guiding principles of the SGA plan, including efficient use of land resources and maximization of infrastructure for multi-modal means. ResourcesNatural & Cultural The site is located in the Chesapeake Bay Watershed and is located outside of the Resource Protection Area.There are no site improvements proposed with this application. No historical or cultural resources will be affected by this application. Traffic Impacts/Transportation Street Name Present Volume [Iseornt Capacity Generated Traffic Southgate Avenue No Data Available 0 ADT'(LOS°"D") Existing Land Use z—12 ADT Proposed Land Use 3—80 ADT 'Average Daily Trips z as defined by 6,900 square 3 as defined by a 4,900 square-foot 4 LOS=Level of Service feet of 1-1 zoning automobile repair garage Brian L. Harris Agenda Item 7 Page 4 Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Southgate Avenue is a two-lane, industrial local street.The subject site is near the limits of the Cleveland Street Phase IV project,which is scheduled to begin construction in 2027. It will not be directly affected by the project. No CIP projects are planned for Southgate Avenue at this time. Public Utility Impacts Water&Sewer The site connects to City sewer and water. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on June 10, 2024. • As required by State Code,this item was advertised in the Virginian-Pilot on Wednesdays,June 26, 2024 and July 3, 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 June 24, 2024. • This Staff report,as well as all reports for this Planning Commission's meeting,was posted on the Commission's webpage of www.virginiabeach.gov/pc on July 3, 2024. City Council • As required by City Code,this item was advertised in the Virginian-Pilot on Tuesdays,August 6, 2024 and August 13, 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 August 5, 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 August 16, 2024. Brian L. Harris Agenda Item 7 Page 5 Proposed Layout 1 APPLICANT'. BRIAN'S AUTOMOTIVE 16,2D15.THE PROPERTY FALLS IN FLOOD ZONE($)AE.BASE 212 SOUTHGATE AVE. FLOOD ELEVATION(IF APPLICABLE)7(NAVD W). VIRGINIA BEACH,VIRGINIA 757-724-DO94 5 AICOZ NOTE'.THIS SITE LIES WITHIN AIRCRAFT ACCIDENT Dnanpaubmo6ve6B�gmall.cdn POTENTIAL ZONE N/A AND/OR NOISE ZONE(S)-65 DB AND MAY BE SUBJECT TO AIRCRAFT ACCIDENTS AND/OR ABOVE 2.GPIN:1467-94-4748 AVERAGE NOISE LEVELS DUE TO ITS PROXIMITY TO AIRPORT OPERATIONS NOISE ZONE ATTENUATION MEASURES FOR NEW 3.ZONED:I1(LIGHT INDUSTRIAL DISTRICT) CONSTRUCTION ARE REQUIRED IN ACCORDANCE WITH THE FRONT SETBACK:30 FEET AIRPORT NOISE ATTENUATION AND SAFETY ORDINANCE AND SIDE SETBACK:0 FEET HEIGHT RESTRICTIONS HAVE BEEN IMPOSED IN ACCORDANCE STREET SIDE SETBACK:30 FEET WITH SECTION 202(B)OF THE CITY ZONING ORDNANCE REAR SETBACK 0 FEET MIAMUM LOT WIDTH'.100 FEET 6, THIS PLAN WAS PERFORMED WITHOUT THE BENEFIT OF A TITLE MINIMUM LOT AREA:20,000 SF REPORT AND MAY NOT SHOW ANY AND/OR ALL EASEMENTS OR MAXIMUM FLOOR AREA RATIO:2.5 RESTRICTIONS THAT MAY EFFECT SAID PROPERTY AS SHOWN. PARKING:1 SPACE FOR EVERY 900 SF OF FLOOR AREA 7. THE PHYSICAL FEATURES SHOWN WERE OBTAINED FROM A 4.FLOOD WIZARD ZONE NOTE.THE PROPERTY DOES/DOES NOT PHYSICAL SURVEY PREPARED BY WPL.INC DATED FEBRUARY FALL IN A SPECIAL FLOOD HAZARD AREA AS SHOWN ON THE 29,2024- FEMA NFIP FIRM FOR THE CITY OF VIRGINIA BEACH, COMMUNITY-PANEL NUMBER 515531-ODOO G,DATED JANUARY B. PROPOSED USE.AUTOMOTIVE REPAIR N/F N/F BARNAAD EMERPRISES RICHARD L.MCGHEE WCGHEE OR 4125,PG. 1951) S1.2DO5WNE B.017DW PARCEL B (I.N.20051020D1 J0103) (M.B.278,PG.71) LOTS 36,37 8:38 GPIN: 1467-94-50M (V8.4,PG.62) ZONED:11 GPIN: 1467-94-5766 BLDD 0A6' s10c 0.1• ZONED:11 TRNER NSIDE t IN40E t 5 82'48 0 £ 75.00- FaCcEsseu — anD 1 ' D t LOT 14 LOT 15 LOT 16 •Dc t 8 R 43 1218 ti I I o N v BLOC IIlg1I .. i8 IIOG ON t m 7Y CLF D.V N DIB9OC t /�12 1- RY DDRC m ' BLOCK BRICK OM N/F N/F OWEN L DOWDY,ETAL THE HOLDINGS,LLC �" •. `• (D.B. 1837,PG.306) (I.N.20060201000180150) g LOT 17 L01 B-1 ,,,:.. 3 M.B.4,PG.62) (D.B.2568,PC.2147) �4116 ;4!!E GPIN: 1467-94-3793 I ZONED:11 GPIN:ZONED:9111 REDumIDns. , S?A7' � 2 WEB I ..;.'.' - h n'Lv ON R I N/F _ : a OWEN L DOWDY,ETAL ?`� D.B. 1837.PC.306 an,.7r J {�y ( LOTS 18•19 cow ..�. `''I (M.B.4,PG.62) EL pY•¢ ` m �' D.M. GPIN: 1467-94-4638 ZONED:I1 t QFM A 75.00 N 82'48 00"W POW PDLE 1=6 I/lW# Ta 4I VM HPSV IMP EDGE DF 17RAIL SOU THGA TE A VENUE 125' 7O P.l. OF (FORMERLY MICHICAN AVE) CL£VfLANO 57Rff7 (M.6. 4 PC. 6?-6J) ' O,ERIE70 ww 0 20 40 / CONCEPT PLAN OF `aFAI-T/I VA,` LOTS 14,15&16 EUCLID PLACE OVA p-04 M.B.4,PG.62 REVISED:@ i1 =4 o RIVISED:O ]VL4 Ci D � LR i aROJECT LOCATED IN:VIRGINIA BE—VIRGINIA MIADE FOR'BRYWpAVTOYOTiVE Vn.38393 :DESIGN BY:DRB DRAWN BY.DIV I PROJECT:KM FILE N. SCALE:1%20 1 DATE 05 W2024 •y��-o�A Ar GALLUP SHEET NAME. OF SURVEYORS S ENGINEERS ,I �JVNA4�� 323 FIRST COLONIAL ROAD ^0.1 c I 1 VIRGINIA SEACH.VIRGINIA 234N j75792"IM 175714`23SD FA% e,DNMnw\raf r4 Mw iliia.-pulls-..prsas irp-acAwp V11,Q�xINsry Brian L. Harris Agenda Item 7 Page 6 Proposed Style of Freestanding Parking Sign 1 NO PARKING FIRE LANE 0 To read"Employee Parking"and/or"Customer Parking" Brian L. Harris Agenda Item 7 Page 7 Site Photos ;"&womb, _— -- - _1. 'n '17 11119 pail W. r, F �! .. r., x .... . ..t, �. -ua.Si as,A.. f::rf.✓_.•. -' t ,....1.`._.z,.. .-,-..- .h a_..[:.3,'., ti .v +. ... .. W Brian L. Harris Agenda Item 7 Page 8 Site Photos - - k ' u _ u Yy Agenda Disclosure Disclosure Statement Yry M�9tNi+u A"ah ilia rining&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 ApplicantDisclosure \\ Applicant Name 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 13 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,(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 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 Brian L. Harris Agenda Item 7 Page 10 Disclosure Disclosure Statement XW bs,yir.��.ti Planning SC�'OITtT11Gi] Development Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes ❑NO • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financin�g ionnection with the subject of the application or any business operating or to be operated on the property? El Yes Ltd 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 D 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'y 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. / S. Is there any other pending or proposed purchaser of the subject property?❑Yes LV NO • If yes,identify the purchaser and purchasers service providers. Revi5ed]].09.2020 2 1 P a f e Brian L. Harris Agenda Item 7 Page 11 Disclosure Disclosure Statement JJJftPhII1I1Jij1g&Commuri* , G. Does the applicant have a construction contra cto connection with the subject of the application or any business operating or to be operated on the property?[I Ye No • If yes,identify the company and individual providing the service 7. Does the applicant have an engineer/surveyor/agent in conn ion 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,i_n,nanaction with the subject of the application or any business operating or to be operated on the property?El Yes LV No • It yes,identify the firm and individual providing the service. Applicant Sianature 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. gpplicant signature \\ Print Name and Title Date Is the applicant also the owner of the subject property? ❑Yes 2No • If yes,you do not need to fill out the owner disclosure statementFOR C3TY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the appl"Itions No manse,as of Dale 8/2/2024 Si{"•lur• 0 Eliza b th Nowak Brian L. Harris Agenda Item 7 Page 12 Disclosure Disclosure Statement City q t'I,'..B-4, Planning&Community _ .. Development Owner Disclosure Owner Name Al Mason Landscaping,Inc.,a Virginia corporation Applicant Name Brian L.Harris 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) Betty B.Mason,Director/President/Treasurer;Alfred Milton"Windy"Mason,Jr.,Director/Vice President/Secretary • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the Owner. (Attach a list if necessary) Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes i No • If yes,what is the name of the official or employee and what is the nature of the interest? '"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. '"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. s) Brian L. Harris Agenda Item 7 Page 13 Disclosure Disclosure Statement Planning&Community Development Owner Services Disclosure 1. Does the Owner have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑Yes ■No • If yes,identify the financial institutions providing the service. 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?N Yes ❑No • If yes,identify the firm and individual providing the service. Mike Mulkey,Mulkey&Co. 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 N NO • If yes,identify the firm and individual providing the service. S. Is there any other pending or proposed purchaser of the subject property?❑Yes M No • If yes,identify the purchaser and purchaser's service providers. 6. Does the Owner have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?❑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 0 NO • If yes,identify the firm and individual providing the service. 61 Brian L. Harris Agenda Item 7 Page 14 ' Disclosure Disclosure Statement Cify olNryirziu R.ui Planning&Community Development 8. Is the Owner receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?0 Yes ❑ 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. Al Mason Landscaping,Inc.!y� Owner Signat e Betty B.Mason,President Print Name and Title May 16,2024 Date 7 � Brian L. Harris Agenda Item 7 Page 1S 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. Brian L. Harris Agenda Item 7 Page 16 Virginia Beach Planning Commission July 10, 2024, Public Meeting Item # 7 Brian L. Harris Recommendation: RECOMMENDED FOR APPROVAL Discussion Ms. Cuellar: Okay, so I'll just go on to the next one and then come back. Thank you. Item 7, Brian L. Harris is the applicant. Is there anyone here today? Oh, here we go. Welcome. If you could please state your name for the record. Mr. Harris: Brian Harris. Ms. Cuellar: Are the conditions acceptable to you? Mr. Harris: 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 Byler to read this into the record. Ms. Byler: Applicant Brian Harris and Mason Landscaping Incorporated are the applicants. They are requesting a conditional use permit to operate an automobile repair garage in an existing building at 212 Southgate Avenue and the parcel immediately adjacent to the south. Both parcels are zoned 1-1 Light Industrial. The applicant became aware of the need to obtain a conditional use permit after he had already signed a lease and had begun operating on the site. They submitted an application as soon as they learned, and they have worked hard with Staff in order to come up with a plan that is acceptable. After having worked with Staff, they do now have Staff approval and we know of no opposition. Therefore, it appears to be a good item for the consent agenda. I will just note that if accepted, this recommendation is for five years only as it is part of an overlay area and a transition area in the SGA. 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 ##1, 4, 5, 6, 7, 8, 9, 10, 13, 14. Mr. Alcaraz: Thank you, Vice Chair. Do I have a motion to approve this? Ms. Cuellar: I move that these items be approved by consent. Mr. Alcaraz: I got a motion by Ms. Cuellar. I need a second. Mr. Coston: I need to just note abstentions. I'm sorry, 4 and 14. Mr. Alcaraz: Thank you. Okay, I got it. Let me get a second. Mr. Coston: Second. Mr. Alcaraz: Second by Mr. Coston. Any abstentions? Mr. Coston: Abstaining on items 4 and 14 for reasons set forth in a letter with the City. Mr. Alcaraz: Thank you. Ms. Cuellar: I am abstaining from the item on Pembroke Lake Circle, Item 10 for reason stated in the letter that I've provided to the City Attorney. Mr. Alcaraz: All right, thank you. Ms. Alcock: The vote is now open. By a vote of 10:0 with an abstention on Item 4, one abstention on Item 10, and one abstention on Item 14, agenda items 1, 4, 5, 6, 7, 8, 10, 13, and 14 have been recommended for approval. Vote Tall AYE 10 NAY 0 ABS 0 ABSENT 1 Alcaraz AYE Anderson AYE B ler AYE Cromwell X Coston AYE Cuellar AYE Estaris AYE Hi en AYE Mauch AYE Parks AYE Plumlee AYE CONDITIONS 1. This Conditional Use Permit shall expire after five (5) years from the date of City Council action. To continue the use of the Automobile Repair Garage after such expiration, a new Conditional Use Permit shall be obtained. 2. Hours of operation shall be between 8:00 a.m. to 5:30 p.m., Monday through Friday only. 3. Parking spaces shall be marked by freestanding signage in substantial conformance with the style exhibited to Planning Commission and City Council and/or by concrete wheel stops. 4. No alterations shall be made to the existing buildings. 5. All automobile repairs shall take place only inside the building. 6. No outside storage of equipment, parts, materials, tires, merchandise, or similar objects or goods shall be permitted. 7. The parking lot shall be for use by employees, customers, and customer vehicles only. There shall be no storage of other vehicles on site (e.g., offsite storage for automobile sales). 8. No outside storage of vehicles in obvious disrepair shall be permitted if vehicles in this condition require storage, then such vehicles shall be stored within the building. 9. All lighting and glare shall be deflected, shaded, and focused away from adjoining property. 10. No automobile sales shall be permitted. 11. Any cleaning and/or detailing of vehicles shall only be permitted indoors and shall adhere to all required regulations for collection, treatment, and disposal of wastewater. 12. No building foundation landscaping nor parking lot landscaping shall be required. This is a deviation from the landscape requirements in the Site Plan Ordinance. 13. The ADA space shall meet the minimum dimensional requirements as set forth in the Zoning Ordinance (9-feet by 18-feet) and shall be paved with a hard surface like concrete or asphalt. 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. Admiral Wright Road � B2 �q► 'Ao\ -F Q l� Fm] - - a 12 CO � ML �, N Site Property Polygons Logan's Towing & Service, Inc W-*E Zoning 225 & 229 Southgate Avenue s Building Feet 0 1530 60 90 120 150 180 u e � Sr f� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: LOGAN'S TOWING & SERVICE, INC. [Applicant] SOUTHGATE, LLC [Property Owner] Conditional Use Permit (Automobile Repair Garage) for the property located at 225 and 229 Southgate Avenue (GPIN 1467942968). COUNCIL DISTRICT 4 (Ross-Hammond) MEETING DATE: August 20, 2024 ■ Background: The applicant is requesting a Conditional Use Permit to operate an Automobile Garage in the existing building at 225 and 229 Southgate Avenue. No alterations to the building are proposed. Both parcels are zoned 1-1 Light Industrial. Hours of operation are proposed between 8:00 a.m. and 5:30 p.m. Monday through Saturday. The site can accommodate four on-site parking spaces, additionally there is an existing parking area entirely within the City's right-of-way that can accommodate 6 additional spaces. ■ Considerations: The property is located in the Central Village District, a subarea defined in the Pembroke Strategic Growth Area (SGA), which is recommended to transition away from autocentric uses and to develop as a mixed-use, mid-rise neighborhood. The request for a Conditional Use Permit, while not meeting the Comprehensive Plan's recommendations for the Central Village District, is an acceptable interim use given the current concentration of auto-centric uses in the area. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. There is no known opposition to this request. ■ Recommendation: On July 10, 2024, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 9-0-1 . 1. This Conditional Use Permit shall expire after five (5) years from the date of City Council action. To continue the use of the Automobile Repair Garage after such expiration, a new Conditional Use Permit shall be obtained. 2. Prior to the issuance of the Certificate of Occupancy for the use the site will in substantial conformance with site plan and landscaping exhibit titled "SITE AND BUILDING PLANS, AUTO REPAIR AND SERVICE FACILITY, LOGAN'S TOWING & SERVICE, INC.," as prepared by Verebely & Associates, Architects, and dated April 29, 2024. Logan's Towing & Service, Inc. Page 2 of 2 3. Hours of operation shall be between 8:00 a.m. to 5:30 p.m., Monday through Saturday only. 4. All automobile repairs shall take place only inside the building. 5. No outside storage of equipment, parts, materials, tires, merchandise, or similar objects or goods shall be permitted. 6. The parking lot shall be for use by employees, customers, and customer vehicles only. There shall be no storage of other vehicles on site (e.g., offsite storage for automobile sales). 7. No outside storage of vehicles in obvious disrepair shall be permitted if vehicles in this condition require storage, then such vehicles shall be stored within the building. 8. All lighting and glare shall be deflected, shaded, and focused away from adjoining property. 9. No automobile sales shall be permitted. 10.Any cleaning and/or detailing of vehicles shall only be permitted indoors and shall adhere to all required regulations for collection, treatment, and disposal of wastewater. ■ 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: 16V Item Applicant Logan's • •. Property Owner Southgate, Planning Commission • 1 2024 , City • ' • • • Virginia Beach Request Conditional Use Permit (Automobile Repair Garage) WEAVER OR FLORAL ST Staff Recommendation ? a �� ROHARn RD Approval Staff Planner q°ye`�m Garek Hall Hannigan �g J Location OR 225 & 229 Southgate AvenueLAW ST-1 W _ GPINs 1467942968 a SOUTHERN BLVD- Site Size � 12,500 square feet fitPNS( 11 AI CUZ st SPP R�� Less than 65 dB DNL ° 0 St1 Watershed Chesapeake Bay Existing Land Use and Zoning District Former contractor office/1-1 Light Industrial w jh Surrounding Land Uses and Zoning Districts `3 North Z Vacant warehouse/ 1-1 Light Industrial IL South c Industrial fabrication/ 1-1 Light Industrial East _.�.r Southgate Avenue I Retail sales/I-1 Light Industrial West � F Salvage yard, warehouse/1-1 Light Industrial '` •° ° Logan's Towing&Service, Inc. Agenda Item 14 Page 1 Background Summaryof Proposal • The applicant is requesting a Conditional Use Permit to operate an Automobile Repair Garage in the existing buildings at 225 & 229 Southgate Avenue. The parcel is zoned 1-1 Light Industrial. • Hours of operation are proposed between 8:30 a.m. and 5:00 p.m., Monday through Saturday. • The business will employ up to four(4) employees and will only conduct motor vehicle repair. • The site will not be used a tow-yard. • This property is located in the Central Village District, a subarea defined in the Pembroke Strategic Growth Area (SGA). As the applicant is familiar with recommendations for this area in the Pembroke SGA to transition away from autocentric uses and the impending Cleveland Street CIP,they intend to use the site as-is with the understanding that they may only operate here a short time. • The applicant will be providing foundation landscaping and two trees to improve the appearance of the site from the street. • Per Section 203(a)(16), one parking space is required for every 900 square feet of floor area. The building is approximately 6,604 square feet,which requires a minimum of eight parking spaces.The site can accommodate four on-site parking spaces, however,there is a parking area entirely within the City's right-of-way that can accommodate 6 additional spaces.As this is an interim use,the Zoning Administrator has permitted the parking spaces within the right-of-way to count towards the overall parking requirement. i e� ez ADMIRAL WRIGHT RD - ---- Zoning History AfE # Request 1 CUP(Automobile Repair Garage)Approved 03/17/2015 i 2 CUP(Automobile Repair Garage)Approved 08/04/2015 W 3 CUP(Automobile Repair Garage)Approved 04/14/1992 Ile r CUP(Motor Vehicle Sales)Approved 06/14/1994 — CUP(Motor Vehicle Sales)Approved 10/11/1998 W 0 I STC Approved 11/26/2002 _ CUP(Vehicle Sales,Service and Bulk Storage Yard) i � - - ------- Approved 05/28/2013, Expired 05/28/2018 J 21 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—AlternativeCompliance STR—Short Term Rental Logan's Towing&Service, Inc. Agenda Item 14 Page 2 Evaluation • • • In Staff's opinion,this request for a Conditional Use Permit for an Automobile Repair Garage is acceptable.The Comprehensive Plan and the Pembroke SGA Implementation Plan envision this area of the City,the Central Village District, as a dense, urban residential district supported by walkable residential needs and services.While this proposed use is not aligned with the future goals of the Pembroke SGA, it is in keeping with the auto-oriented uses and landscape of the district today. Given that redevelopment consistent with the SGA Plan is anticipated to follow the completion of the Cleveland Street Capital Improvement Plan (CIP),Staff is recommending a five-year expiration date, Condition 1,for this application in recognition that it is the intent for auto-oriented uses to be phased out of this district, but in the interim are in keeping with the area. At the end of the five-year period, another Conditional Use Permit for this use could be applied for. Previous Conditional Use Permits for similar uses in this district that were approved in the mid- 2010s were conditioned with expirations after 10 years, which was intended to coincide with the planned improvements to Cleveland Street. While this site is near Cleveland Street and the CIP project for that street, it will not be directly affected. Staff's analysis finds that there will be few additional trips generated as a result of this use. Staff recommends approval of this request subject to the conditions and exhibit in this report. Recommended Conditions 1. This Conditional Use Permit shall expire after five (5)years from the date of City Council action. To continue the use of the Automobile Repair Garage after such expiration, a new Conditional Use Permit shall be obtained. 2. Prior to the issuance of the Certificate of Occupancy for the use the site will in substantial conformance with site plan and landscaping exhibit titled "SITE AND BUILDING PLANS,AUTO REPAIR AND SERVICE FACILITY, LOGAN'S TOWING &SERVICE, INC.," as prepared by Verebely&Associates,Architects, and dated April 29, 2024. 3. Hours of operation shall be between 8:00 a.m.to 5:30 p.m., Monday through Saturday only. 4. All automobile repairs shall take place only inside the building. 5. No outside storage of equipment, parts, materials,tires, merchandise, or similar objects or goods shall be permitted. 6. The parking lot shall be for use by employees, customers, and customer vehicles only.There shall be no storage of other vehicles on site (e.g., offsite storage for automobile sales). 7. No outside storage of vehicles in obvious disrepair shall be permitted if vehicles in this condition require storage, then such vehicles shall be stored within the building. 8. All lighting and glare shall be deflected, shaded, and focused away from adjoining property. 9. No automobile sales shall be permitted. 10. Any cleaning and/or detailing of vehicles shall only be permitted indoors and shall adhere to all required regulations for collection,treatment, and disposal of wastewater. 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 Logan's Towing&Service, Inc. Agenda Item 14 Page 3 Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations The applicant is seeking a Conditional Use Permit at 229 Southgate Avenue to operate an automotive repair garage.This project falls within the Pembroke SGA in the Central Village District (p.22, Pembroke SGA Master Plan). The Central Village District is envisioned to be an eclectic bohemian neighborhood with a variety of housing typologies and activities, small shops,galleries, and a central park(p.33, Pembroke SGA Master Plan). SGAs are intended to be people-centric, work towards complete multimodal transportation systems, and shift to denser, infill and redevelopment where necessary. Staff understands that the current use in the Central Village is more autocentric, but the vision laid out in the Pembroke SGA Master Plan envisions this District as a supporting residential and mixed-use area to Town Center. Comprehensive Planning staff is encouraging and supporting the transformation of the Central Village District into its intended form and function. Therefore,the recommendations laid out in the Pembroke,this project is recommended for approval only if this project is conditioned to be reevaluated as an appropriate use after a five-year period as autocentric uses are viewed as interim uses in Central Village District. Staff should work with the applicant towards an understanding that the Central Village District is not intended for autocentric uses. ResourcesNatural & Cultural • . The site is located in the Chesapeake Bay Watershed and is located outside of the Resource Protection Area.There are no site improvements proposed with this application. No historical or cultural resources will be affected by this application. Traffic Impacts/Transportation Street Name Present Volume Present Capacity Generated Traffic Southgate Avenue No Data Available 9,900 ADT'(LOS°"D") Existing Land Use'—12 ADT Proposed Land Use 3-80 ADT 'Average Daily Trips z as defined by 6,900 square 3 as defined by a 4,900 square-foot 4 LOS=Level of Service feet of 1-1 zoning automobile repair garage Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Southgate Avenue is a two-lane, industrial local street.The subject site is near the limits of the Cleveland Street Phase IV project, which is scheduled to begin construction in 2027. It will not be directly affected by the project. No CIP projects are planned for Southgate Avenue at this time. Logan's Towing&Service, Inc. Agenda Item 14 Page 4 Public The site connects to City sewer and water. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on June 10, 2024. • As required by State Code,this item was advertised in the Virginian-Pilot on Wednesdays,June 26, 2024 and July 3, 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 July 1, 2024. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of www.virginiabeach.gov/pc on July 3, 2024. City Council • As required by City Code,this item was advertised in the Virginian-Pilot on Tuesdays,August 6, 2024 and August 13, 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 August 5, 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 August 16, 2024. Logan's Towing&Service, Inc. Agenda Item 14 Page 5 Proposed -140 r I Pev�aG• ._ S5. �G al {'tnd-rr►r G �� .IF �AIEW FtI6 AGv SCU•.tC- : I°zZo i.aN17 Ai9-eA\ c IZ,500 S.F. Zot4C(7 = T-I OU1WtrI6 -&li A ° 6,rov¢ s.r• Logan's Towing&Service, Inc. Agenda Item 14 Page 6 Disclosure Disclosure Statement ,:,rye ryy,.0 sxh _ Planning Community a Op"ne"t The disclosures contained in this form are necessary to inform public officials who may vote on the appLration as to whether they have a conflict of intefe5t 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 m the City of Virginia Reach requiring w1lon by the City Council or a City board,commission or other body. Applicant Disclosure Applicant Name Logan's Towing&Service,Inc.,a Virginia corporation Does the applicant have a representative? ®Yes D No • II yes.fist the name of!hr representative R Fdward aDuradn,Jr,fsq,SAts,Bourdon.Ahern g trvy,PC, Is tfie aFpticant a corporation,patimrship,firm,business,trust or ar unincor"rated busmm%'M Yes ❑ No • i yes I,st the manes of alt officers,d,rectom, member,.to steel,etc.be+ow. IAttart a list if necessarvl Samuc t _Dgan,fYesiden4r5erretary Sole Officer and Solt,Shareholder • If Yes,Itst the businesses that have a pa rent-subs:4iaryi or afhRated business entity4 rdationstihp with the applicant (Att.10% a list If necessary) t"PArent•subsidi"relationsh-p"means"a relatl0%, hip t"at exists when one corporation d.rectiy or inclxectty owns share pu%umsing more than 50 percent of thr voting oower of another corporation." See State and tocat Government Conflict of interests Act VA.Code§2.2-3101. "Affiliated business entity relatiof%&hIP"means'a relationso p,other than parent-subsidiary relationship,that exists wnen(i)one business entity has a controlling owarership Interest in the dtt er b,sinrss entity,[if)a controlling owner In one entity is a.so a controlling owner,,the other entity,or liii)there is shared manegrmrnt or control between the business entities Factors that should be considered in aetermin,rV Ihr rx stence of an affiliated huvness entity relationship Inetude that the same perwri or substantially the same persoi own or manage the-wo entities;there are common or commingled funds or assets,the business entilin sharp;he use of the sarhe offices or employees or otherwise share activities,resources at personnel on a regular Canis;or there is otherwise a c ose worxing relationship between the rnt,ites" See State and Local Govrrnment Conflict of Interests Act,Va. Code 9 2 2 3203. if Logan's Towing&Service, Inc. Agenda Item 14 Page 7 Disclosure Disclosure Statement Phinning&Communh, [)eeelupmemt Known Interest by Public Official or Employee Does a?%official or empl ryee of the City of Virgnra Beach avr a^interr;t in the wbiect land or any proposed developmen- contingent on the subject public action,Q Yes E No • It yes,what is the narre of tie offin3i or ems-nyee ane what:c the nature of the interest? Aoolicant Services Disclosure 1 Doe_tr a app Ican:rave any existing financing ImortEage.deeds of trust,cross-collateralwlIon.etc)aware they considering any finaneing'n connection with the sugtect of the appf catinn o•any ousmess ooe•ating oe to x operated on the property' ❑Yes ■No • it yes,Identify the financial�nstnutlord providing the service. 2 Does the appbcar.t have a real estate beuker/.yrnt/rva►tor for current and anticipated future saies of the subject troper ry? 0 Yes ■No • If yes,identify the company and u,dividual providing*r serv,-ce 3, toes the applicant have services{r/accounting and/or preparatto if of tax ieturns provided in connection with the subie_t a the application or ory bu,tness operating or to t<e operated on the properly)❑Yes ©No • If yes,rdentyty the firm and ire,v duai p,ov+ding thr wrvre 4 Does vve applicant have s-tvicr%fr o^a�arthite-t/la^dstape archltect/tand plawiter pitmbrd In connerron with the su!ljP:t of the apptication or wV business opera^^^e of to tie operated an the property'❑Yes ®No • If yes,identify the firm and individ"'prow ding 1Ie service 5. is there any other pending or proposed purchaser of the subject property?©Yes ■No • It yes,identify the purchaser and purchaser's se vic-r prnvider5 2 Logan's Towing&Service, Inc. Agenda Item 14 Page 9 Disclosure Disclosure Statement ID Planning S Community -� Dt:,&pment 6. Does the app cant have a Construction contractor m(on-c ct on with the subject of the application or any b::siness operating or to be operated on the property?D Yes ■ No • If yes,identify the company and!ridividual providing the service. 7. Does the applicant have an engineer/surveyor/agent in correction with the subject of the application or any business operating or to be operated on;he property)C Yes ®No • If"s, dentAy the form and indrvtdual providing tf.e service. 8. is the sop icant receivirg legal services in connection wth the subject of the application or any bAness operating or to be operated on the property?®Yes [3 No • If yes,identify the firm and individual prowdirg the servicr Ashton H.Pully,Esq.;A.Edward Bourdon,k.,Esq,Sykes,Bourdon,Ahern rt,levy,P.C. AooNcent Sixnature I certify that all of the Into•malion contained on this Disclosure Statement form is complete,true,and accu,atr. 7 ru�Je�stand that, upon recoot or notification that the application has been schediled'or public neon rig,I am respons7 bir for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,USDA,CSPA,wetlands Board or a ny public body or committee in connection with this application. Logan's Toymg&SerWcr,I.t BY7 Appllca n r Samuel I.Logan,P•esident Print Name and Tide _Sw k- Date is the appliwq also the owner of the subject property 7 J Yes E No • f Yft You do not need to fill out cite owner disclosure statement. FOR ONLY/ that pertains to the applications t�t.1/IU M"`""" Gare Hall Hannigao�� Logan's Towing&Service, Inc. Agenda Item 14 Page 9 Disclosure Disclosure Statement - Manning 8 C')mmunitc l reloPm.ln, Owner Disclosure Owner Name Southgate LLC,a Virginia hmitad liaWit)V company *' Applicant Name Luaan s Towing&Service,Inc.,a Vir),.r,a co,rcrat,on Is the Ow,+er a to,pori tic r,paItrvrship,rlrrr.,bu,inrss,trust or in unincorporated business?i Yes LINO • If yes,list the rsa Iles of at offi ers,directo•s.-iember5,tr Givers.etc below (Attach a list if necessaryl i:n,ignlg Members Mitdlell Dcnbar:Rya-M Dunoai • 11 yes,list the businesses that I,avr a parent-wbs,,duiry'or affiliated business entity'rdetionthip with the Owner. (Attach a list If necessaryl Known Interest by Public Official or Employee Dnv%., official nr employee of the City of Virginia(teach nave e,interest m the subject land or any proposed development contingent or,'r,e sub,Pc:puhr r action'❑Yes 0 No • If yet what is tI--e came of the official w employee and what.s the nature of the interest? "parent-subsidiary relationship"rn ran t';I relationship that exists when one corporation directly or ndirect1y owns shares possessing more than:SO percent of the vo^:;g power of brother corporation' See State and Lociv Govem meet Conhlct of interests Act,VA Code 9 2.2-3101 '"Affiketed business entity re:ationshep`means"a relationship,other than parent-subsld.ary relationship,trial exists when.(1)one business entity has a controh,ng ownersn.p interest rn the other business entRy,fill a controlling owner in one entity is also a controlling owner in the other entity,Or(ii it there Is shared manageml'nt or control between the nLtines5 entitles factors that should be cons,dered in determ;ping the existence of an affiliated business err.ty elationsh,p Include that the same person or substanbaily the same person a -or manage the two entities;there are common or commingled funds or assets;the loos:rrss entities share the use or the same offices oremployees or otherwise share activities,resources or personnel O',a regilar basal:a, there is otherwise a close wo•k;ng rclationsh,C)between the entitie%" See State"Local Government Conflict of Interests Act,Va. Code If 2 2-3101. 51 Logan's Towing&Service, Inc. Agenda Item 14 Page 10 Disclosure Disclosure Statement Illa V" L*4tr'4%*V WW J, Planning&Co Ik�rc1 Owner Services Disclosure Does the 4wnrr hove any existing financing(mortgage,deeds of trust,cross-collateratitation,etc)or are they considering any financing r^connection with t!tf sablect of'"application or any tr.sines=operating w to br ape-ated on the prt-pert•r C Yes ■No • if yes,Idere.fy the-firrancd rust to:robs providing the servicr 2. Does the Owner hame a read estate broilerlegent/Manor fiv current and anticGpatted future sales of the subject pioaeets, O Yes ■No • If Yes,identify the company and indrvldoat providing the service. 3. t7or•.t-tt Owner have services for accounting and/or preparation of tax retufrdL pr,widpd in connect on with the subject of the rp3 icatloei or any business operating cr ro be ooeratea on t^e prapertYi M Yes ❑No • 11 yes,identify the firm and ln6+vtdual prow ding cne service Stewart,CPA,OOVA CPA Group 4. Does the Owner have services from Ott architect/landscape archltrct/tard planner provided in conneceon with the subtect of the appf•catiorr or any busi test.operating or to be operated on the propery% yes ❑No • If Yes,Veetify ere f rm and rndividwr provid=erg the service. Witliam Verebely,Ar y,iteL*, S. Ia there atv other pending or proposed purchar.er of the subject prop")❑Yes 0 No • if yes,ideriMV the pu-thaser and ourc�aser"s service providers 6 Dues the Owner have a coostrocoon contractor in mnnettion weir the subject of the application or any bus riess operating or to be operated on the prooerty7 C Yes ■ No If yes,idrntify the company ana Ind lvl dual providing the service. 7 Does the Owner rave a-engineer/su+veyor/agent tr connection with the subject of the application or any business operating or to be op".ed an the proprrty?M Yes _No • If Yes,identify the firm and individual providimit the service. William V erebels,Verebely&Associates Awlitectr si Logan's Towing&Service, Inc. Agenda Item 14 Page 11 ' Disclosure Disclosure StatementX ID inn&Cornmkl DM Oopmeni. S. I%the Owner rece,ving legal serv.ces in conner.�on with the svbiect of the app i[ation or any busirrss operating_or to be operated on the troper.v: ®Yes ONO • 1'Yes,identify the firm and inoivtdiw providing legal the service A,Edward Bourdon,Jr.,Esq,Sykes,Boutoon,Ahern&Levy.P C Owner Signature I certify that all of the information contt„ned in this Disclosure Statement Fo-rn Iw camp 40e t-ue,and accu late under r. r t:r.; upon receipt al nouUcatton that tK aoplicaftn has been scheduied ta-pubiic hran-g I am responsible foi updating chi- information provided hetem two weeks prior to 1hP mPeting of Planning Commimioo,City Counc+I,VHDA.CBPA,Wetlends Board or any public body or comrmntee in cannect,on with this applicatioe, SoutrgacF Lle "Y' Owner Signature Mitchril Dunbar,Manager Print Name and Title Date Logan's Towing&Service, Inc. Agenda Item 14 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. Logan's Towing&Service, Inc. Agenda Item 14 Page 13 Virginia Beach Planning Commission July 10, 2024, Public Meeting Item # 14 Logan's Towing and Service Recommendation: RECOMMENDED FOR APPROVAL Discussion Ms. Cuellar: Thank you very much. Item #14, Logan's Towing and Service. Mr. Bourdon: Once again, Eddie Bourdon, Virginia Beach Attorney representing Logan's Towing Service. We appreciate this being on the consent agenda. All 10 conditions, including the five-year limitation, are acceptable. Mr. Logan hasoperated fordecades behindwhatisnow Lowe's at London Bridge,and h is businessthere u ntil five or 10 years before he left that location because he had to leave that location included towing. He does not tow and hadn't towed for at least a decade. So that the name in there is not reflective of the business, it's just the service as was stated, and all conditions are acceptable. Ms. Cuellar: Okay, thankyou very much. Is there anyopposition to this item being placed on the consent agenda? Hearing none, I've asked Commissioner Bylerto please read this into the record. Ms. Byler: Logan's Towing and Service Incorporated is the applicant Southgate LLC is the property owner. They are requesting a conditional use permitto operate an automobile repairgarage in the existing buildingsat 225 and 229 Southgate Avenue. The parcel is currently zoned 1-1 Light Industrial. The hours of operation are expected to be 8 30 a.m. to 5 p.m. Monday through Saturday,as this is in an overlay area, and the city has designated it as an area that hopefullywill be going more community centric, there is a five-year time limit on this. Ms. Cuellar: Thank you very much, Commissioner. Mr. Chairman, that was the last item on the consentagenda. The Planning Commission places the following applicationson the consent agenda. Items ##1, 4, 5, 6, 7, 8, 9, 10, 13, 14. Mr. Alcaraz: Thank you, Vice Chair. Do I have a motion to approve this? Ms. Cuellar: I move that these items be approved by consent. Mr. Alcaraz: I got a motion by Ms. Cuellar. I need a second. Mr. Coston: I need to just note abstentions. I'm sorry, 4 and 14. Mr. Alcaraz: Thank you. Okay, I got it. Let me geta second. Mr. Coston: Second. Mr. Alcaraz: Second by Mr. Coston. Any abstentions? Mr. Coston: Abstaining on items 4 and 14 for reasons set forth in a letter with the city. Mr. Alcaraz: Thank you. Ms. Cuellar: I am abstaining from the item on Pembroke Lake Circle,item #10 for reason stated in the letterthat I've provided to the city attorney. Mr. Alcaraz: All right, thank you. Ms. Alcock: The vote is now open. By a vote of 10:0 with an abstention on #four, one abstention on #10, and one abstention on item #14, agenda items #1, 4, 5, 6, 7, 8, 10, 13, and 14 have been recommended for approval. Vote Tall AYE 9 NAY 0 ABS 1 ABSENT 1 Alcaraz AYE Anderson AYE B ler AYE Cromwell X Coston ABS Cuellar AYE Estaris AYE Hi en AYE Mauch AYE Parks AYE Plumlee AYE CONDITIONS 1. This Conditional Use Permit shall expire afterfive (5) years from the date of City Council action. To continue the use of the Automobile Repair Garage after such expiration, a new Conditional Use Permit shall be obtained. 2. Prior to the issuance of the Certificate of Occupancy for the use the site will in substantial conformance with site plan and landscaping exhibit titled "SITE AND BUILDING PLANS, AUTO REPAIR AND SERVICE FACILITY, LOGAN'S TOWING & SERVICE, INC.," as prepared by Verebely & Associates, Architects, and dated April 29, 2024. 3. Hours of operation shall be between 8:00 a.m. to 5:30 p.m., Monday through Saturday only. 4. All automobile repairs shall take place only inside the building. 5. No outside storage of equipment, parts, materials, tires, merchandise, or similar objects or goods shall be permitted. 6. The parking lot shall be for use by employees, customers, and customer vehicles only. There shall be no storage of other vehicles on site (e.g., offsite storage for automobile sales). 7. No outside storage of vehicles in obvious disrepair shall be permitted if vehicles in this condition require storage, then such vehicles shall be stored within the building. 8. All lighting and glare shall be deflected, shaded, and focused away from adjoining property. 9. No automobile sales shall be permitted. 10. Any cleaning and/or detailing of vehicles shall only be permitted indoors and shall adhere to all required regulations for collection, treatment, and disposal of wastewater. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. K. APPOINTMENTS ACTIVE TRANSPORTATION ADVISORY COMMITTEE ADVERTISING ADVISORY COMMITTEE AGRICULTURE ADVISORY COMMISSION ARTS AND HUMANITIES COMMISSION BAYFRONT ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION CLEAN COMMUNITY COMMISSION COMMUNITY ORGANIZATION GRANT REVIEW AND ALLOCATION COMMITTEE COMMUNITY SERVICES BOARD DEVELOPMENT AUTHORITY EASTERN VIRGINIA INDUSTRIAL FACILITY AUTHORITY HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMITTEE HOUSING ADVISORY BOARD HUMAN RIGHTS COMMISSION OCEANA LAND USE CONFORMITY COMMITTEE OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PUBLIC LIBRARY BOARD STORMWATER MANAGEMENT IMPLEMENTATION ADVISORY GROUP TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE URBAN AGRICULTURE ADVISORY COMMITTEE VIRGINIA BEACH CANNABIS ADVISORY TASK FORCE VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION WETLANDS BOARD M. NEW BUSINESS N. ADJOURNMENT If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 3854303 #####k##############kkk## The Agenda(including all backup documents) is available at https:Hclerk.virainiabeach.gov/ciiy_ 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(i0b ov.com or call 385-4303. Citizens who wish to speak can sign up either in-person or virtually via WebEx. Anyone wishing to participate virtually,must follow the two-step process provided below: 1. Register for the WebEx at: https://vbgov.webex.com/weblink/register/rl 05d2f3 f3 8956c8188e78656e 15b 87b5 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on August 20, 2024. CITY OF VIRGINIA BEACH R SUMMARY OF COUNCIL ACTIONS O S B H S E U S DATE:08/13/2024 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 1 O I1 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 I. CITY MANAGER'S BRIEFINGS A. LIBRARY PARKING AFTER HOURS Kimberly Knight, Director—Public Libraries 13, PENDING PLANNING ITEMS Carrie Bookholt, Deputy Director— Planning G. MINUTES APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y 1. INFORMAL AND FORMAL SESSIONS July 2,2024 2. INFORMAL AND FORMAL SESSIONS APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y July 9,2024 H. MAYOR'S PRESENTATIONS 1. RESOLUTION—Plaza Little League 601h Anniversary Chris Atkinson and Eddy Hendricks,accepting 2. PROCLAMATION—Plaza Little League Major Girls Softball Team Day Players and volunteer coaches,accepting 3. PROCLAMATION—Disability Voting Rights Week in Virginia Beach Mary Mathena and Laura Nelson,accepting 4. PROCLAMATION—Mayor's Veterans Committee Virgil Hart,Ralph Seutter,Tom Holston,Jason Kmet,Louis Hubbard,Roger Durity, Joseph Mahachek,Stuart Grimes-Myers,Charles Montgomery,and Barbara Morrison,accepting 1. BID OPENING I. NON-EXCLUSIVE FRANCHISE AGREEMENT NO SPEAKERS FOR USE OF CITY RIGHTS-OF-WAY Telecommunications Services J. PUBLIC HEARINGS 1. NON-EXCLUSIVE FRANCHISE AGREEMENT NO SPEAKERS Metro Fibernet,LLC 2. PROPOSED ORDINANCE TO AMEND CITY NO SPEAKERS CODE SECTION 5-401 Animal Impoundment Fees (Requested by Council Members Berlucchi, Hutcheson,Remick,and Schulman) 3. ACQUISITION, BY AGREEMENT OR CONDEMNATION Shore Drive Corridor Improvements—Phase NO SPEAKERS III Project,CIP 100381(formerly CIP 2-117) (the"Project") CITY OF VIRGINIA BEACH R SUMMARY OF COUNCIL ACTIONS O S B H S E U - S DATE:08/13/2024 PAGE: 2 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.I. Ordinance to AUTHORIZE temporary ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y l encroachments into a portion of City-owned CONSENT Property known as Sandbridge Shores Bass Inlet and into a 5-foot City-owned drainage and utility easement,located at the rear of 2909 Sand Bend Road re construct and maintain a L-Head timber pier, aluminum boat lift with timber piles,aluminum gangway with a timber floating pier and vinyl bulkhead with return walls DISTRICT 2 I..2. Ordinance to AUTHORIZE temporary ADOPTED,BY 1 1-u l Y Y Y Y Y Y Y Y Y Y encroachments into several City-owned public CONSENT drainage easements and into a City-owned variable width public pedestrian access easement, all located along Holland Road re construct and maintain a RCP outfall pipe with associated rip-rap,box culvert with associated endwalls, private road, RCP pipe, access path, PVC watermain, domestic waterline,RCP and an endwall with related class 1 rip-rap DISTRICT 3 L.3. Ordinance to DONATE to the Sheriff of Patrick ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y 1 County, Virginia re 5,000 rounds of unused CONSENT Winchester Ranger ammunition 1-4. Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y $1,425,947 from the Virginia Department of CONSENT Behavioral Health and Development Services to the FY2024-25 Human Services Operating Budget and AUTHORIZE six(6)full-time positions re support the existing Permanent Supportive Housing Program L.5. Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY I 1-0 $684,390 from the Virginia Department of CONSENT Elections to the FY2024-25 Voter Registration and Elections Operating Budget re purchase and implementation of ballot-on-demand systems 1-6. Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY 1 1-ii 1" Y Y Y Y Y Y Y Y Y l $50,000 from the Fairstead Management,LLC to CONSENT the FY2024-25 Parks and Recreation Operating Budget re additional programming and community services for the residents of Atlantis Apartments and the Seatack Community L.7. Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y 1" $50,000 from the Virginia Department of Criminal CONSENT Justice Services (DCJS) via Southern Virginia Internet Crimes Against Children Task Force and the Bedford County Sheriff's Office to the FY2024-25 Police Department Operating Budget re overtime,purchase of equipment,travel and training to enhance efforts to address internet crimes against children L.8. Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY 1 1-0 l l 1 l l 1 l l Y l l' $48,690 from the Virginia Department of Criminal CONSENT Justice Services(DCJS)to the FY2024-25 Human Services Operating Budget re Community Corrections and Pretrial Services Program CITY OF VIRGINIA BEACH R SUMMARY OF COUNCIL ACTIONS O S 13 H S E U - S DATE:08/13/2024 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 1 R Y N K D E N R N N 1.9. Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY 11-0 Y Y Y Y Y Y Y $43,918 from the Virginia Department of Criminal CONSENT Justice Services (DCJS) to the FY2024-25 Commonwealth Attorney Operating Budget re the Victim Witness grant L.10. Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y 1' $25,000 from the Virginia Department of Criminal CONSENT Justice Services (DCJS) to the FY2024-25 Commonwealth Attorney Operating Budget re the Witness Protection grant L.11. Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY 11-0 1' Y 1' 1' 1" Y 1" Y Y Y 1' $24,900 from the Virginia Office ofthe Executive CONSENT Secretary to the FY2024-25 Commonwealth Attorney Operating Budget and AUTHORIZE 25% in-kind match from Human Services re purchase of drug and alcohol testing supplies L.12. Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY 11-0 Y Y Y Y Y l Y Y Y Y l $15,500 from the Virginia Department of CONSENT Behavior Health and Developmental Services to the FY2024-25 Human Services Operating Budget re Problem Gambling Prevention Program L.13. Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY 11-0 1 1' l Y Y 1 Y Y Y Y l $8,000 from the Western Tidewater Community CONSENT Services Board to the FY2024-25 Human Services Operating Budget re peer support services L.14. Ordinance to APPROPRIATE$353,072 of fund ADOPTED,BY 11-0 1 Y Y 1' Y l Y Y balance to the General Fund to the FY2024-25 CONSENT Parks and Recreation Operating Budget re expand the Parks After Dark Program to the Level Green Neighborhood in the summer of 2025 and AUTHORIZE 3.1 full-time equivalent positions to support program expansion L.15. Ordinance to APPROPRIATE$38,000 from the ADOPTED,BY 1 1-ii 1 Y Y Y 1 1 Y Y fund balance of the Oyster Heritage Trust Fund to CONSENT the FY2024-24 Public Works Operating Budget re oyster shell recycling and education programs M.1. GORDON R. CRENSHAW & HANNAH I. DEFERRED TO 1 1- 1" Y Y Y Y 1" Y Y Y Y 1 CRENSHAW for a Street Closure re SEPTEMBER 17, approximately 6,327 square feet of an 2024,BY CONSENT unimproved portion of Windsor Road adjacent to 1217 North Bay Shore Drive DISTRICT 6 N. APPOINTMENTS RESCHEDULED B Y ( O N S 1: N S I1 S ACTIVE TRANSPORTATION ADVISORY COMMITTEE ADVERTISING ADVISORY COMMITTEE AGRICULTURE ADVISORY COMMISSION BAYFRONT ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION CLEAN COMMUNITY COMMISSION COMMUNITY ORGANIZATION GRANT REVIEW AND ALLOCATION COMMITTEE COMMUNITY SERVICES BOARD DEVELOPMENT AUTHORITY EASTERN VIRGINIA INDUSTRIAL CITY OF VIRGINIA BEACH R SUMMARY OF COUNCIL ACTIONS O S B H S E U - S DATE:08/13/2024 PALL 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 N40I ION V'O I f I R Y N K D F N R N LN FACILITY AUTHORITY HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMITTEE HOUSING ADVISORY BOARD HUMAN RIGHTS COMMISSION OCEANA LAND USE CONFORMITY COMMITTEE OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PUBLIC LIBRARY BOARD STORMWATER MANAGEMENT IMPLEMENTATION ADVISORY GROUP TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE URBAN AGRICULTURE ADVISORY COMMITTEE VIRGINIA BEACH CANNABIS ADVISORY TASK FORCE VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION WETLANDS BOARD O. UNFINISHED BUSINESS I'. NEW BUSINESS �. ADJOURNMENT 6:36 PM OPEN DIALOGUE 5 SPEAKERS 6:52 PM