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HomeMy WebLinkAbout3-18-2025 FORMAL SESSION AGENDA City of ��4G1r1tA BEAc Virginia Beach R A LIFETIME s OF UUR`NAT��HS City Council Members Mayor Robert M. "Bobby Dyer bdver@VBgov.com 1 757-385-4581 Vice Mayor Rosemary Wilson, District 5 Cal "Cash"Jackson-Green, District 7 rcwilson@VBgov.com 1 757-422-0733 CJacksonGreen@VBgov.com 1757-629-8792 Michael F. Berlucchi, District 3 Robert W. "Worth" Remick, District 6 mberlucc@VBgov.com 1 757-407-5105 wremick@VBgov.com 1 757-840-5855 Stacy Cummings, District 8 Dr. Amelia N. Ross-Hammond, District 4 Stcummings@VBgov.com 1757-629-8691 arosshammond@VBgov.com 1 757-840-0735 Barbara M. Henley, District 2 Jennifer Rouse, District 10 bhenlev@VBgov.com 1 757-426-7501 ivrouse@VBgov.com 1757-840-1821 David Hutcheson, District 1 Joashua F. "Joash" Schulman, District 9 dhutcheson@VBgov.com 1 757-651-7641 ischulman@VBgov.com 1 757-840-1291 Email all City Council members at CitVCouncil@VBgov.com. City Council Appointees Patrick A. Duhaney City Manager City Hall, Building 1 Mark D. Stiles 2401 Courthouse Drive City Attorney Virginia Beach, VA 23456 Lyndon S. Remias Phone: 757-385-4303 City Auditor Fax: 757-385-5669 Amanda Barnes City Clerk Sue Cunningham Real Estate Assessor City Council Agenda March 18, 2025 Mayor Robert M. "Bobby" Dyer Presiding I. CITY COUNCIUS BRIEFING -CITY COUNCIL CONFERENCE ROOM- A. FLOOD PROTECTION PROGRAM AND CAPITAL IMPROVEMENT UPDATE 2:00 P.M. Jeff Waller, P.E. —Chair of Flood Prevention Bond Referendum Oversight Board Leisha Pica, P.E. Program Manager—Jacobs Engineering 11. CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS 3:00 P.M. III. CITY COUNCIL AGENDA REVIEW 3:15 P.M. IV. INFORMAL SESSION - CITY COUNCIL CONFERENCE ROOM- A. CALL TO ORDER 3:30 P.M. B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION V. FORMAL SESSION -CITY COUNCIL CHAMBER- A. CALL TO ORDER - Mayor Robert M. "Bobby Dyer 6:00 P.M. B. INVOCATION —THE REVEREND FARON JOHNSON PASTOR, GOOD SHEPHARD LUTHERAN CHURCH C. MOMENT OF SILENCE D. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA E. ROLL CALL OF CITY COUNCIL F. CERTIFICATION OF CLOSED SESSION G. MINUTES 1. FORMAL SESSION — February 25, 2025 2. INFORMAL AND FORMAL SESSIONS— March 4, 2025 H. MAYOR'S PRESENTATIONS 1. PROCLAMATION Virginia United Youth Football & Cheer 11U Virginia Beach Mustangs 2. PROCLAMATION Virginia United Youth Football & Cheer 12U Charged Up Bulls I. PUBLIC HEARINGS 1. PROPOSED FRANCHISE AGREEMENT FOR CITY-OWNED PROPERTY Beach Operations at sandy area east of 4101 & 4201 Atlantic Avenue 2. PROPOSED FRANCHISE AGREEMENT FOR CITY-OWNED PROPERTY Parking (Valet Services) at portions of 181h Street, 201h Street and Arctic Avenue adjacent to Atlantic Park 3. PROPOSED CAFE FRANCHISE AGREEMENTS a. Basil, LLC, t/a Basil Pizza re sidewalk cafe b. Kiraly, LLC, t/a 2D Cafe and Eatery re sidewalk cafe c. Seha, Inc., t/a Red Dragon re sidewalk cafe d. EEE LLC, t/a La Dulce Vida re sidewalk cafe e. Las Palmas Boardwalk Corporation, t/a Las Palmas re boardwalk cafe f. Kamales, Inc., t/a 9th Street Grill cafe re sidewalk cafe g. SEDA, Inc., t/a 215Y Street Grill re sidewalk cafe h. Kouri, LLC, t/a Cafe Atlantic re sidewalk cafe i. Virginia George Co, Inc., t/a Dough Boy's Cafe re sidewalk cafe j. Planet Pizza, Inc., re sidewalk cafe k. VB's Raw Bar, Inc., t/a Seaside Raw Bar Cafe re sidewalk cafe I. 111h Street Tap House, LLC, t/a Chicos re boardwalk cafe m.Dunes Investment Associates, LLC, t/a The Dunes Cafe re boardwalk cafe n. Crestline Hotels & Resorts, LLC, t/a Marriott Courtyard re boardwalk cafe J. FORMAL SESSION AGENDA 1. CONSENT AGENDA K. ORDINANCES/RESOLUTION 1. Resolution to PROVIDE for the issuance and sale of Storm Water Utility Revenue Bonds, Series 2025, in a maximum principal amount of $90-Million, and PROVIDE for the form, detail and payments thereof to finance the cost of improvements to the Stormwater Utility System and AUTHORIZE the execution and delivery of document certain related documents 2. Ordinance to AUTHORIZE temporary encroachments into an 80' City-Owned drainage and canal easement and into a 5' City-Owned drainage and utility easement located at the rear of 1832 Duke of York Quay re maintain an existing brick paver walkway and an existing variable width floating dock, and construct and maintain a bulkhead with wood plies, wharf, wood dock and boathouse DISTRICT 8 3. Ordinance to ACCEPT and APPROPRIATE $555,750 from the Virginia Department of Environmental Quality to the FY 2024-25 Capital Improvement Program to Capital Project#100391, "Southern Rivers Watershed" re implementation of water quality improvement projects 4. Ordinance re membership of the Active Transportation Advisory Committee (Requested by the Active Transportation Advisory Committee) 5. Ordinance re membership of the Advertising Advisory Committee (Requested by City Council) 6. Ordinance to AMEND City Code Section 2-469 re membership of the Audit Committee (Requested by City Council) 7. Ordinance to AMEND the membership of the Bayfront Advisory Commission (Requested by City Council) 8. Ordinance to AMEND City Code Section 6-162 re membership of the Beaches and Waterways Advisory Commission (Requested by the Beaches and Waterways Advisory Commission) 9. Ordinance re membership of the Community Organization Grant Review and Allocation Committee (Requested by City Council) 10. Ordinance to AMEND City Code Section 2-122 re membership of the Deferred Compensation Board (Requested by City Council) 11. Ordinance re membership of the Green Ribbon Committee (Requested by City Council) 12. Ordinance to AMEND City Code Section 16-54 re membership of the Housing Advisory Board (Requested by City Council) 13. Ordinance re Chair of the Military Economic Development Advisory Committee (Requested by Military Economic Development Advisory Committee) 14. Ordinance to AMEND City Code Section 2-6 re membership of the Resort Advisory Commission (Requested by Mayor Dyer, Vice Mayor Wilson, and Council Member Remick) 15. Ordinance re membership of the Transition Area/Interfacility Traffic Area Citizens Advisory Committee (Requested by City Council) 16. Ordinance re membership of the Virginia Beach Cannabis Advisory Task Force (Requested by City Council) L. PLANNING 1. CHRISTOPHER TAYLOR for a Variance to Section 4.4 (b, d) of the Subdivision Regulations re subdivide the existing lot to create two (2) parcels for single-family dwellings at 363 Congress Street DISTRICT 8 RECOMMENDATION: APPROVAL 2. BONNEY BRIGHT SAND COMPANY/ BONNEY G. BRIGHT for a Modification of Conditions to a Conditional Use Permit re borrow pit at 200 Princess Anne Road DISTRICT 2 RECOMMENDATION: APPROVAL 3. NEW JERUSALEM CHURCH / NEW JERUSALEM HOLINESS CHURCH, NEW JERUSALEM CHURCH, NEW JERUSALEM CHURCH OF GOD IN CHRIST for a Modification of Conditions to a Conditional Use Permit re religious use at 118 Bishop Thoroughgood Avenue, 1063 Longstreet Avenue, undeveloped parcel North of 129 Hughes Avenue, and undeveloped parcel directly West of 1059 Longstreet Avenue DISTRICT 6 RECOMMENDATION: APPROVAL 4. MERCER SYKES/SYKES REAL PROPERTIES LLC for a Conditional Use Permit re open air market at 614 10th Street DISTRICT 5 RECOMMENDATION: APPROVAL 5. JEFFREY SMITH AND JENA CORNELL/JENA NATALINE CORNELL& NIKOLAS EVANGELOS SAFOS for a Conditional Use Permit re residential kennel at 216 Princess Anne Road DISTRICT 2 RECOMMENDATION: APPROVAL 6. GREEN CLEAN AUTO WASH, LLC/ BOOM INC., for a Conditional Use Permit re car wash facility at 1014 Independence Boulevard DISTRICT 9 RECOMMENDATION: STAFF — DENIAL PLANNING COMMISSION —APPROVAL 7. SHAINA HARTLESS/ GREG J. ROGERS for a Conditional Use Permit reassembly use at 4708 Tulip Drive, Suite 102 DISTRICT 9 RECOMMENDATION: APPROVAL 8. JUSTIN M & CANDACE S HOWARD for a Conditional Use Permit re short term rental at 933 Pacific Avenue, Unit C DISTRICT 5 RECOMMENDATION: APPROVAL 9. JD ENTERPRISES VA, DBA ATLANTIC RENTAL HOMES/ DANIEL J DAVIS &JUSTIN R TAYLOR for a Conditional Use Permit re short term rental at 931 Pacific Avenue Unit A DISTRICT 5 RECOMMENDATION: APPROVAL 10. JD ENTERPRISES VA, DBA ATLANTIC RENTAL HOMES/ LEI XU for a Conditional Use Permit re short term rental at 931 Pacific Avenue, Unit B DISTRICT 5 RECOMMENDATION: APPROVAL M. APPOINTMENTS BAYFRONT ADVISORY COMMISSION BOARD OF ZONING APPEALS CLEAN COMMUNITY COMMISSION COMMUNITY POLICY AND MANAGEMENT TEAM COMMUNITY SERVICES BOARD DEVELOPMENT AUTHORITY HEALTH SERVICES ADVISORY BOARD HISTORICAL REVIEW BOARD HUMAN RIGHTS COMMISSION INDEPENDENT CITIZEN REVIEW BOARD PROCESS IMPROVEMENT STEERING COMMITTEE VIRGINIA BEACH CANNABIS ADVISORY TASK FORCE N. UNFINISHED BUSINESS 0. NEW BUSINESS P. ADJOURNMENT If you are physical disabled or visually impaired and need assistance at this meeting, please call the City Clerk's Office at 757-385-4303. The Agenda (including all backup documents) is available at clerk.virginiabeach.gov/city-counciI under the eDocs Document Archive. If you would like to receive by email a list of the agenda items for each Council meeting, please submit your request to TChelius@vbgov.com or call 757-385-4303. AGENDA ITEMS 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 meeting. 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on March 18, 2025. I. CITY COUNCIVS BRIEFING -CITY COUNCIL CONFERENCE ROOM- A. FLOOD PROTECTION PROGRAM AND CAPITAL IMPROVEMENT UPDATE 2:00 P.M. Jeff Waller, P.E. —Chair of Flood Prevention Bond Referendum Oversight Board Leisha Pica, P.E. Program Manager—Jacobs Engineering II. CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS 3:00 P.M. III. CITY COUNCIL AGENDA REVIEW 3:15 P.M. IV. INFORMAL SESSION - CITY COUNCIL CONFERENCE ROOM- A. CALL TO ORDER 3:30 P.M. B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION V. FORMAL SESSION -CITY COUNCIL CHAMBER- A. CALL TO ORDER - Mayor Robert M. "Bobby Dyer 6:00 P.M. B. INVOCATION —THE REVEREND FARON JOHNSON PASTOR, GOOD SHEPHARD LUTHERAN CHURCH C. MOMENT OF SILENCE D. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA E. ROLL CALL OF CITY COUNCIL F. CERTIFICATION OF CLOSED SESSION G. MINUTES 1. FORMAL SESSION — February 25, 2025 2. INFORMAL AND FORMAL SESSIONS — March 4, 2025 H. MAYOR'S PRESENTATIONS 1. PROCLAMATION Virginia United Youth Football & Cheer 11U Virginia Beach Mustangs 2. PROCLAMATION Virginia United Youth Football & Cheer 12U Charged Up Bulls BFAC O� U � . ems'' a e - v94*A,�e F OUR nArO I �rocra�mca�tio� 'Wlureas: Virginia'VnitedTouth Foot6aQat Cheer was formed in 2014 with a vision to change the fands cap e of youth sports in the Oampton Roads metropfeX and then the State of Virginia; and ` &-reas. We want the kids to be cefeftatedfirst with the coaches,parents,andfans right there with them;and titdi Y=. Virginia Vnited certiftes cheerleaders and dancers each season to ensure they are of the properage to 6e participating in Virginia vnitedand that they are assigned to participate in the proper competition squads for the Virginia VnitedState Cheer Competition;and 'Whereas: Many of the players come from various communities surrounding Virginia Beach, bringing together diverse and unitedgroup of young athletes;and '6ldiereas. In Decem6er 2024, the 11V Mustangs and 12V Charged Op Bulls brought home another Nationaf Championship,a testament to their hardwork determination,and remarka6fe tarent.r1heir achievements continue to inspire and firing immense pride to our community here in'Virginia;and 'GUfereas: 11V Wustangs and12V ChargedVJp Bulls teams have achievedan piraordtnary milestone. rIhis year, they competedin Plant City,Florida,andreturnedhome as NationafChampions in their divisions. Now,?6erefm I,Wgbert W. Bo66y"(Dyer,Mayor of the City of Virginia Beach,Virginia,do here6y proclaim: Urginta Vnited Toutfi ('oot6alfot Cheer 11V Urginia Beach 9dustangs In $*it f Beach, I call upon all citizens, fami y, and friends to join us in honoring the teams' accomprishments and highCWht the values.of teamwork commitment,and community pride that these young athletes eX,empfify. In`Witws'Wferwf,I have hereunto set my handandcausedthe Offi'ciafSeafof the City of Virginia Beach, Virginia,to be afficed this Eighteenth(Day ofWarch,Two Thousand and7wenty-Five. Wg6ert M. "Bo66y"(Dyer JKayor vti�lr'44' Bc• �! o`` b� K S -W OUR NP.T01 vrodamatton 'Whereas: 'Virginia 4lnited Youth'Footbalf,*Z Cheer was formed in 2014 with a vision to change the landscape of youth sports in the Mampton gjyads metropfexand then the State of Virginia; and Ufterzas: We want the kids to be cele6ratedfirst with the coaches,parents,andfans right there with them;and 'Whereas: Virginia Vnitedcertifws cheerleaders anddancers each season to ensure they are of the properage to be participating in Virginia Vnited and that they are assigned to participate in the proper competition squads for the Virginia VnitedState Cheer Competition;and `Gtfwmas: Many of the players come from various communities surrounding'Virginia Beach, bringing together a diverse and unitedgroup.of young athletes;and 'Whereas: In December 2024, the 111)Mustangs and 12V Charged 41p Bulls•brought home another National Championship,a testament to theirhardwork determination,andremar(g6fe talent. Their achievements continue to inspire and bring.immense pride to our community here in Virginia;and 'Whereas: 11 V 9ustangs and 12'V Charged`Up Bugs teams have achieved an extraordinary milestone. 9his year,they competed in cPfant City,Florida,and returned home as National Champions j in their divisions. Now,glterefmz I,R,o6ert M. `Bobby"(Dyer,Mayor of the City of Virginia Beach,'Virginia,do hereby proclaim: Virginia United Youth F'oot6all e�Cheer 12V Charged Vp But% In `G� Beach, I calf upon all citizens, family, and friends to join us in honoring the teams' accompfuhments and high&ght the values of teamwork commitment, and community pride that these young athltes exempCfy. in'WitnessTOmmof,I have hereunto set my handandcaused the Offi'ciafSealof the City of Virginia Beach, Virginia, to be affixed this Eighteenth Day of March,Two Thousandand7wenty-Five. R96ert M. Bo66y"(Dyer Mayor I. PUBLIC HEARINGS 1. PROPOSED FRANCHISE AGREEMENT FOR CITY-OWNED PROPERTY Beach Operations at sandy area east of 4101 & 4201 Atlantic Avenue 2. PROPOSED FRANCHISE AGREEMENT FOR CITY-OWNED PROPERTY Parking (Valet Services) at portions of 18th Street, 20th Street and Arctic Avenue adjacent to Atlantic Park 3. PROPOSED CAFE FRANCHISE AGREEMENTS a. Basil, LLC, t/a Basil Pizza re sidewalk cafe b. Kiraly, LLC, t/a 2D Cafe and Eatery re sidewalk cafe c. Seha, Inc., t/a Red Dragon re sidewalk cafe d. EEE LLC, t/a La Dulce Vida re sidewalk cafe e. Las Palmas Boardwalk Corporation, t/a Las Palmas re boardwalk cafe f. Kamales, Inc., t/a 91h Street Grill cafe re sidewalk cafe g. SEDA, Inc., t/a 2151 Street Grill re sidewalk cafe h. Kouri, LLC, t/a Cafe Atlantic re sidewalk cafe i. Virginia George Co, Inc., t/a Dough Boy's Cafe re sidewalk cafe j. Planet Pizza, Inc., re sidewalk cafe k. VB's Raw Bar, Inc., t/a Seaside Raw Bar Cafe re sidewalk cafe I. 11th Street Tap House, LLC, t/a Chicos re boardwalk cafe m.Dunes Investment Associates, LLC, t/a The Dunes Cafe re boardwalk cafe n. Crestline Hotels & Resorts, LLC, t/a Marriott Courtyard re boardwalk cafe (7 t>. Sf PUBLIC HEARING FRANCHISE OF CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING on Tuesday, March 18,2025 at 6,00 p.m.in the Council Chamber,City Hall - Bldg. #1,at the Virginia Beach Municipal Center.The purpose of this hearing will be to obtain public comment on the proposed franchise for a term of 5 years or less on the following City- owned property: The area of the sandy beach immediately east of the Marriott Virginia Beach Oceanfront Resort and the Embassy Suites by Hilton Virginia Beach Oceanfront Resort,located at 4101&4201 Atlantic Ave.,for the placement of chairs and umbrellas,and for wait staff to serve the guests of the resorts. If you are physically disabled or visually Impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 3854303; Hearing impaired, call TDD only 711. Any questions concerning this matter should be directed to the Convention and Visitors Bureau, Resort Management Office, 600 22^d Street, Virginia Beach, VA 23451,Attn: Lisa Bleakley, (757) 385-4800. 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 March 18, 2025. 2. Download WebEx and view the meeting at: httns*//­vU9ov-webex.com/wPbI ink/r gj�/ra5b28cf52c813 088e6d753c52d1992eb All interested parties are invited to participate. Amanda Barnes,MMC City Clerk PILOT-MARCH 9,2025 Na O� v CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the City Manager to Execute a Franchise Agreement for Beach Operations on the Sandy Beach East of the Resort Hotels located at 4101 and 4201 Atlantic Avenue PUBLIC HEARING: March 18, 2025 MEETING DATE: April 1, 2025 ■ Background: In 2013, the City of Virginia Beach (the "City") and Cavalier Associates, LLC (the "Developer"), entered into a Development Agreement in connection with the restoration and preservation of the historic Cavalier Hotel (the "Cavalier"). As part of the Cavalier redevelopment project, the Developer redeveloped property located at 4101 and 4201 Atlantic Avenue with two new resort hotels (the "Resort Hotels"). The Development Agreement included an incentive package offered by the City to the Developer, including among other things, granting a Franchise Agreement for the Developer to conduct a beach equipment rental operation and refreshments service on the sandy beach located east of the Resort Hotels. The term of the Franchise Agreement has expired and the Developer desire to continue the beach operations and enter into a new Franchise Agreement with the City. City staff has determined that such beach operations would promote the public interest and would serve to enhance the atmosphere at the oceanfront and are consistent with the operation of the Cavalier and the Resort Hotels. ■ Considerations: The term of the proposed Franchise Agreement would be for five (5) years. Services provided under the Franchise Agreement would be consistent with the terms and conditions set forth in the Summary of Terms attached to the Ordinance as Exhibit A. ■ Public Information: The public hearing was advertised in The Virginian-Pilot on March 9, 2025. Public notice will be provided via the normal City Council agenda process. ■ Alternatives: Approve terms of the Franchise Agreement as presented, alter terms of the Franchise Agreement, or decline to enter into the Franchise Agreement. ■ Recommendations: Approval a Attachments: Ordinance, Summary of Terms (Exhibit A), Location Map, Disclosure Statement Recommended Action: Approval Submitting DepartmentlAgency: Convention and Visitors Bureau City Manager:Af V I AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A FRANCHISE 3 AGREEMENT FOR BEACH OPERATIONS 4 ON THE SANDY BEACH EAST OF THE 5 RESORT HOTELS LOCATED AT 4101 AND 6 4201 ATLANTIC AVENUE 7 8 WHEREAS, in 2013, the City of Virginia Beach (the "City") and Cavalier 9 Associates, LLC (the "Developer"), entered into a Development Agreement in 10 connection with the restoration and preservation of the historic Cavalier Hotel (the 11 "Cavalier"); 12 13 WHEREAS, as part of the Cavalier redevelopment project, the Developer 14 redeveloped property located at 4101 and 4201 Atlantic Avenue with two new resort 15 hotels (the "Resort Hotels"); 16 17 WHEREAS, the Development Agreement included an incentive package offered 18 by the City to the Developer, including among other things, granting a Franchise 19 Agreement for the Developer to conduct a beach equipment rental operation and 20 refreshments service on the sandy beach located east of the Resort Hotels; 21 22 WHEREAS, the Franchise Agreement has expired and the Developer desire to 23 continue the beach operations and enter into a new Franchise Agreement with the City; 24 and 25 26 WHEREAS, City staff has determined that such beach operations are consistent 27 with the operation of the Cavalier and the Resort Hotels, and recommends entering into 28 a new a franchise agreement with the Developer. 29 30 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 31 VIRGINIA BEACH, VIRGINIA: 32 33 That the City Manager, or his designee, is hereby authorized to execute a 34 Franchise Agreement with Cavalier Associates, LLC, in accordance with the Summary 35 of Terms attached hereto as Exhibit A and made a part hereof, and such other terms, 36 conditions, and modifications as may be acceptable to the City Manager and in a form 37 deemed satisfactory by the City Attorney. 38 39 Adopted by the Council of the City of Virginia Beach, Virginia, on this day 40 of_ --, 2025. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: l - Convention and Visitors Bureau City Attorney CA16712 \\vbgov.com\dfs I\applicationskitylaw\cycom32\wpdocs\d004\p048 Q 1029412.doc R-1 March 10, 2025 EXHIBIT A SUMMARY OF TERMS FRANCHISOR: City of Virginia Beach (the "City") FRANCHISEE: Cavalier Associates, LLC (the "Developer") PREMISES: The area of sandy beach immediately to the east of the resort hotels located at 4201 Atlantic Avenue ("Marriott") and 4101 Atlantic Avenue ("Embassy Suites"), between the northern property line of the Marriott and the southern property line of the Embassy Suites. TERM: Five (5) years commencing on April 1, 2025 and ending March 31 , 2030, with daily operations between the hours of 9:00 a.m. and the later of (i) 7:00 p.m. or (ii) the time when lifeguards manning the stations on the Premises go off-duty. RENT: N/A RIGHTS AND RESPONSIBILITIES OF FRANCHISEE / DEVELOPER: • Use of Premises: Operate beach equipment rental operation and provide food and non-alcoholic beverage service to its guests, and for no other purpose. • Comply with all federal, state and local statutes, ordinances, and regulations now in effect or hereafter adopted, in the conduct of the Use of Premises. • Maintain the Premises in a safe, clean, sanitary and orderly condition. • Possess all necessary licenses, permits and insurance required for the Use of Premises. • Indemnify the City for any and all damages to persons or property in connection with the Use of Premises. • Franchisee acknowledges that its right to use the Premises is non-exclusive and that the Premises is a public beach and shall be open at all times for the use, recreation and enjoyment of the public. RIGHTS AND RESPONSIBILITIES OF FRANCHISOR / CITY: • Shall have the right to inspect the Premises at any and all reasonable times, with or without notice, for the purpose of determining Franchisee's compliance with the provisions of the Franchise Agreement (the "Agreement"). • So long as Franchisee is in compliance with all provisions of the Agreement, City shall not grant any other franchises or permits for rental of beach equipment or sales of refreshments on the Premises. • Shall have the right to terminate the Agreement and terminate the franchise if the Franchisee fails to comply with any of the provisions of the Agreement. • Shall have the right to terminate the Agreement if it determines, in its discretion, that the grant of franchise is detrimental to the public health, safety, welfare or interest. LOCATION MAP E 5T 43R4 � s " F 1:11 S� sY; N p i I a A A2N nx "sRikIM A LPN W1,61M ! �ro cAUA`t�a Approx. Location of Franchise Area P p rr i A 1 VIRGINIA 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 Cavalier Associates, LLC Is Applicant also the Owner of the subject property? Yeso No(F) If no, Property Owner must complete SECTION 2: PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative? Yes No0 If yes, name Representative: K. Lee Westnedge, Jr. Is Applicant a corporation, partnership,firm, business,trust or unincorporated business? Yes(F)Noo 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.) See attached Does the subject property have a proposed or pending purchaser? Yes U 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 No(F) 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, 0 O cross-collateralization, etc.) Real Estate Broker/Agent/Realtor 0 0 Disclosure Statement I rev. M a y-2024 page 1 of 3 SECTION • • •SURE continued SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual) Accounting/Tax Return Preparation O O Dixon Goodman Hughes Architect/Designer/Landscape Q O Architect/Land Planner Construction Contractor O Engineer/Surveyor/Agent 0 e Legal Services 0 O K. Lee Westnedge, Jr. 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. Robert M. Howard, CIO CIO 03/10/2025 Applicant Name (Print) licant Signature Date 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 some 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. May-2024 page 2 of 3 PW SCHEDULE A Members as of July 23, 2013 Cavalier Associates, LLC Membership Interests Members Debt Membership and Reg-0 Voting Initial Capital Guarantors Voting Interests Interests* Guarantor Contribution Percentage s John R. John R. 20.54962% 20.00% $5,500,000 Lawson Lawson 9.90000% DMR I, LLC Edmund C. 18.04777% 23.37258% 20.00% $4,535,000 Ruffin Bruce L. Bruce L. 18.04777% 23.37258% 20.00% $4,535,000 Thompson Thompson Cavalier FP, D. B. Frye, 17.95703% 17.95703% 20.00% $4,500,000 LLC Jr. COTH, LLC George 16.66073% 16.66073% 20.00% $4,000,000 Metzger Cavalier NIA 1.24446% - 0 - $666,667 Investors I, 1.24446% LLC Cavalier N/A 1.24446% - 0 - $666,667 Investors II, 1.24446% LLC Cavalier N/A 1.24446% - 0 - $666,667 Investors III, 1.24446% LLC Hospitality Edmund C. 5.00370% - 0 - $1,930,000 Investments Ruffin 5.00370% Associates - Bruce L. Cavalier, Thompson LLC 100.00% 100.00% 100.00% $27,000,000 * Pursuant to Section 8.6, unless and until a Triggering Event occurs,(a)in no event may the Voting Interest held by John Lawson("Lawson")represent more than 9.9%of the total Voting Interests 12 Affilates Entity EINs 19th Street, LLC 54-1945625 31 Ocean Business Association, Inc. 47-2001111 34th Street Garage, LLC 45-2399281 Atlantic Coast Development, LLC 46-3854448 Battlefield Associates, LLC 32-0792637 BC Development, LLC 33-2022526 BLT Marine, LLC 87-1086269 BATS Associates, Inc. 54-1519606 Cavalier Associates Development, Inc. 46-3223768 Cavalier Residential Builders, LLC 47-2615944 Cavalier Hotel Services, LLC 81-164722 Cavalier Oceanfront Residences, LLC 84-2373804 Central Laundry, LLC 20-2508149 Central Laundry Services, LLC 46-2906648 DareFund, LLC 46-2589371 Dam Neck Associates, LLC 85-1258318 DMR I, LLC 46-3355328 Gold Key/PHR, LLC 54-1945625 Gold Key/PHR Food Services, LLC 20-2031515 Gold Key/PHR Development, LLC 54-1945625 Gold Key/PHR Rewards, LLC n/a Quick GK/FJ, LLC 92-3532428 Heritage Investments, LLC 54-1945625 Hi-Sea, LLC 27-1582243 Hi-Sea Office, LLC 27-4274821 Hi-Sea Condominium Association Inc. 46-1763749 Hospitality Investments Associates, LLC 46-5285280 Hospitality Investments Associates-Battlefield, LLC 33-1645239 Hospitality Investments Associates- Cavalier, LLC 46-4321242 Hospitality Investments Associates- Norfolk, LLC 46-4320723 Hospitality Investments Associates- Oceanfront 86-2674888 South, LLC Norfolk Hotel Associates, LLC 46-3873541 Norfolk Hotel Development, Inc. 46-SO80078 Ocean Beach Club, LLC 54-1506700 Oceanfront Condominium Association, Inc. 33-1628270 Oceanfront Investments, LLC 61-1725156 Oceanfront South, LLC 84-4000089 Professional Hospitality Resources, Inc. 54-1359656 PHR, L.C. 54-1705634 Red Wing Associates, LLC 85-1247820 ROTB, LC 54-1691818 Ruffin Development, LLC 92-3699008 Ruffin Family, L.C. 54-1706166 Ruffin Family Investments, LLC 83-1680919 Seashore Marine Ventures, LLC 27-2137671 Sunrise Beach Services, LLC n/a TFI, LLC 20-0984938 The Main Condominium Unit Owners' Association 82-1144413 Thirty-First Street, L.C. 54-1917056 { i Thompson Family Investments, LLC 20-1799560 ` VBOZ Investments, LLC 84-2202255 i s f 4 g� 3 PUBLIC HEARING VALET PARKING FRANCHISE ON CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING on Tuesday,March 18,2025 at 8.'00 p.m.in the Council Chamber,City Hall - Bldg.#1,at the Virginia Beach Municipal Center.The purpose of this hearing will be to obtain public comment on the proposed grant of a valet parking franchise for use of the following City-owned property. Portions of right-of-way located (a) on the southside of 201h Street between Pacific and Baltic Avenues, (b)on 181h Street between Pacific and Arctic Avenues,and(c)on Arctic Avenue between 181h and 1911 Streets,for valet drop-off and pick- up services, and space on the sidewalk adjacent to said areas. If you are physically disabled or visually impaired and need assistance at this meeting, please call the City Clerk's Office at (757) 3854303: Hearing impaired,call TDD only 711. Any questions concerning this matter should be directed to the Department of Public Works - Parking Management,Attn:Robert Fries,2101 Parks Avenue, Suite 302, Virginia Beach, VA 23462, (757)385-2900, Da rkinehelD@vb¢ov.com. If you wish to make comments virtually during the public hearing,please follow the two-step process provided below: I. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m.on March 18,2025. 2. Download WebFx and view the meeting at: httn,,//vbvov-webex.com/webhn k/re9ister/ra5b 8cf5 R13088 6d753c52d1992eb All interested parties are invited to participate. Amanda Barnes,MMC City Clerk PILOT-MARCH 9,2025 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the City Manager to Execute a Franchise Agreement for the Use of Portions of 18th Street, 20th Street and Arctic Avenue Adjacent to Atlantic Park for Valet Services PUBLIC HEARING: March 18, 2025 MEETING DATE: April 1, 2025 ■ Background: As part of the Atlantic Park development project, Venture Waves, LLC (the "Developer") and the City of Virginia Beach Development Authority entered into a Garage Parking Agreement (the "Agreement"). The Agreement sets forth the terms and conditions for the use of the parking garages, including provisions for valet parking services. In addition to the designated valet parking areas within the garages, the Developer has requested the use of portions of City right-of-way for valet drop-off and pick-up areas. The Developer desires to enter into a Franchise Agreement with the City of Virginia Beach (the "City") for use of portions of City right-of-way located along the southside of 20th Street adjacent to the Atlantic Park. City staff evaluated the request and has determined that valet services would benefit the residents and visitors of Atlantic Park and recommends that the City approve the Franchise Agreement on the terms and conditions as set forth on Exhibit B attached to the Ordinance. ■ Considerations: The term of the proposed Franchise Agreement is five (5) years and includes the areas along 18th Street, 20th Street, and Arctic Avenue, as shown on Exhibit A attached to the Ordinance, and space on the adjacent sidewalks for signage and valet equipment. ■ Public Information: Notice of Public Hearing was advertised in The Virginian- Pilot on March 9, 2025. Public notice will also be provided via the normal City Council agenda process. ■ Alternatives: Approve terms of the Franchise Agreement as presented, alter terms of the Franchise Agreement, or decline to enter into the Franchise Agreement. ■ Recommendations: Approval ■ Attachments: Ordinance, Location Map (Exhibit A), Summary of Terms (Exhibit B), Disclosure Statement Recommended Action: Approval Submitting Department/Agency: Planning and Community Developmen City Manager: / � I AN ORDINANCE AUTHORIZING THE CITY MANAGER 2 TO EXECUTE A FRANCHISE AGREEMENT FOR THE 3 USE OF PORTIONS OF 18TH STREET, 20TH STREET 4 AND ARCTIC AVENUE ADJACENT TO ATLANTIC 5 PARK FOR VALET SERVICES 6 7 WHEREAS, as part of the Atlantic Park development project, Venture Waves, 8 LLC (the "Developer") and the City of Virginia Beach Development Authority entered 9 into a Garage Parking Agreement (the "Agreement"); 10 11 WHEREAS, the Agreement sets forth the terms and conditions for the use of the 12 parking garages within Atlantic Park, including provisions for valet parking services; 13 14 WHEREAS, the Developer desires to enter into a franchise agreement with the 15 City of Virginia Beach for the use of portions of City right-of-way along 18th Street, 201n 16 Street and Arctic Avenue for valet drop-off and pick-up areas, as shown on Exhibit A 17 attached hereto; and 18 19 WHEREAS, City staff recommends awarding a franchise for valet services at 20 Atlantic Park to Venture Waves, LLC, or assigns, (the "Franchise Agreement") on the 21 terms and conditions as set forth on Exhibit B, attached hereto. 22 23 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 24 VIRGINIA BEACH, VIRGINIA: 25 26 That the City Manager, or his designee, is hereby authorized to execute a 27 Franchise Agreement with Venture Waves, LLC, or assigns, for the use of City right-of- 28 way as shown on Exhibit A attached hereto and made a part hereof, and in accordance 29 with the Summary of Terms attached hereto as Exhibit B and made a part hereof, and 30 such other terms, conditions, and modifications as may be acceptable to the City 31 Manager and in a form deemed satisfactory by the City Attorney. 32 33 Adopted by the Council of the City of Virginia Beach, Virginia, on this day 34 of , 2025. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Panning and Communi y Development ity Attorney CA16713 \\vbgov.com\dfs 1\applications\citylaw\cycom32\wpdocs\d003\p050\01029176.doc R-1 March 10, 2025 EXHIBIT A s v,MIll111l1 `t `• r I r I I =_ � II . r v t � •:Kra,,; ���,i ••- „ , f _ . r iy �. �� I� � r , � i I •�� IYI s Lfn s- EXHIBIT B SUMMARY OF TERMS ATLANTIC PARK —VALET FRANCHISE AGREEMENT FRANCHISOR: City of Virginia Beach FRANCHISEE: Venture Waves, LLC, or assigns PREMISES (VALET AREA): Areas along 18th Street, 201h Street, and Arctic Avenue, as shown on Exhibit A attached to the Ordinance, and space on the adjacent sidewalks for signage and valet equipment. TERM: Five (5) years (5/1/25 through 4/30/30) FRANCHISE FEE: N/A RIGHTS AND RESPONSIBILITIES OF FRANCHISEE: • Use the Premises for the provision of valet services between 8:00 a.m. and 2:30 a.m. • Keep sidewalks and streets adjacent to the Premises clean and free from trash and debris. • Indemnify the Franchisor for any and all damages to persons and property in connection with the performance of valet services. • Maintain all appropriate licenses and insurance required by state and local codes. • Pay all applicable personal property and leasehold taxes. RIGHTS AND RESPONSIBILITIES OF FRANCHISOR: • Franchisor shall have access to the Premises at any time, without prior notice, in the event of an emergency. • Maintain the right to grant easements and rights-of-way across, in, under and through the Premises for streets, alleys, public highways, drainage, and other similar purposes. TERMINATION: • The City may terminate the agreement upon thirty (30) days' written notice, for any reason. Disclosure Statement Planning&Community r, freiopment �J 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 Disdosuret' Applicant Name V' tyrc WaVe SI_LLC Does the applicant have a representative? 0 Yes ❑ No • If yes,list the name of the representative. is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?�Yes ❑ No a If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a listt If necessary) see, attach • If yes,list the businesses that have a parent-subsidlary'or affiliated business entW relationship with the applicant. (Attach a list if necessaryl t 2"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§2.2-3102. 2"Affiliated business entity relationship"means"a relationship,other than parent-subsidlary relationship,that exists when(i)one business entity has a controlling ownership Interest In the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(lii)there Is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entitles;there are common or commingled funds or assets;the business entities share the use of the some offices or employees or otherwise share activities,resources or personnel on a regular basis;or there Is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.2020 11 P a g e Disclosure Statement L"N'#mvvda Ptanning&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 devebpment contingent on the subject public action?❑ Yes A No • If yes,what is the name of the official or employee and what is the nature of the interest? Mike Standing (limited partner) is a VBDA Commissioner Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralitation,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 A No • If yes,identify the financial Institutions providing the service. 2. Does the applicant have a real estate broker/agent/reakorfor current and anticipated future sales of the subject property? 1 Yes ❑ No • If yes,identify the company and individual providing the service. Ventu re FzW 1 .. Crrou od 0 C' , CO it i ty 3. Does the applicant have services for accounting and/or preparation of tax retums 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. �SD0 4. Does the applicant have services from an arch]tact/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?0 Yes ❑No • If yes,identify the firm and individual providing the service. ao. er C0.,r -ens t-t 5. Is there any other pending or proposed purchaser of the subject property?❑Yes No • If yes,identify the purchaser and purchaser's service providers. Revised 11.03.2020 2 1 P a g e Disclosure Statement Ptanning&Community Development 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?0 Yes ❑ No • If yes,identify the company and Individual providing the service. W M J ord o—rn 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?0 Yes ❑ No • If yes,identify the firm and individual providing the service. 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?0 Yes ❑ No • If yes,identify the firm and individual providing the service. au- mOUA & Co nc&C-5 MGCrvtrc WcodS 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. V6nT,lt[' G.�iJEi ��.c Applicant Signature Print Name and Title St-�Y`2 ti Date Is the applicant also the owner of the subject property? ❑Yes NO e If yes,you do not need to fill out the owner disclosure statement. jM,pertains to the .. No changes ss or Date ' Signature y Print Name -- Revised 11.09.2020 3 P a g e 3/10/25 This is an updated list of GPs. Note that the LPs are excluded,however we did include a note in our prior disclosure re Standing. Venture Waves,LLC Venture Waves Surf,LLC Venture Waves Mixed Use,LLC Atlantic Park Inc. Venture Waves Manager,LLC Rhema Waves,LLC Bishard Investments,LLC John Bishard Steve Bishard Thomas Lewis Roger Orozco Dome Associates,LLC John R.Lawson,it H2O Investments,LLC Joseph J.LaMontagne Venture Dome,LLC Donna Whitaker John Gibson Bruce Berlin Michael Culpepper Shoreline Venture Dome,LLC Doug Ellis Doug Ellis Jr. Pharrell Williams Tim Costen PUBLIC NOTICE The Virginia Beach City Council will hold a PUBLIC HEARING at 6:00 P.M.on Tuesday, March 18, 2025,in the City Council Chamber regarding the proposed grant of a franchise to operate an outdoor caf6 on City-owned property to the following: 1. Basil,LLC,t/a Basil Pizza,for a sidewalk cafe at 1102 Atlantic Avenue. 2. Kiraly,LLC,t/a 2D Cafe and Eatery,for a sidewalk cafi§at 1102 Atlantic Avenue. 3. Seha,Inc.,t/a Red Dragon,for a sidewalk cafe at 1814 Atlantic Avenue. 4. EEE LLC,t/a La Dulce Vida,for a sidewalk cafe at 2200 Atlantic Avenue. 5. Las Palmas Boardwalk Corporation,t/a Las Palmas, for a boardwalk cafe at 1601 Atlantic Avenue. 6. Kamales,Inc.,t/a 9'h Street Grill Cafe,for a sidewalk cafe at 812 Atlantic Avenue. 7. SECA, Inc., t/a 21^t Street Grill, for a sidewalk cafe at 200 21•1 Street. 8. Kouri,LLC,Va Cafe Atlantic,for a sidewalk cafe at 706 Atlantic Avenue. 9. Virginia George Co,Inc.,t/a Dough Boy's Cafe,for a sidewalk caf€at 2410 Atlantic Avenue. 10. Planet Pizza,Inc.for a sidewalk cafe at 812 Atlantic Avenue. 11. VB's Raw Bar,Inc.,t/a Seaside Raw Bar Cafe,for a sidewalk cafe at 2014 Atlantic Avenue. 12. 11�1 Street Tap House,LLC,t/a Chicos,for a boardwalk cafe at 1011 Atlantic Avenue. 13. Dunes Investment Associates,LLC,t/a The Dunes Cafe,for a boardwalk cafe at 901 Atlantic Avenue. 14. Crestline Hotels & Resorts, LLC, t/a Marriott Courtyard,for a boardwalk cafe at 3501 Atlantic Avenue. The purpose of the hearing will be to obtain public comment on the proposed use of City property. Copies of the franchise agreements are on file in the City Clerk's office.The City Council Chamber is located on the second floor of the City Hall building(Building*1)at 2401 Courthouse Drive, Virginia Beach, Virginia 23456. Any questions concerning the above-referenced franchise should be directed to Lisa Bleakley,Convention and Visitors Bureau,Resort Management Office, by calling(757)3854800. 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 March 18,2025. 2. Download WebEx and view the meeting at: httos-//vbgc)v.wp.bex.com/weblink/registe.r/ ra5b2gcf52rAl-'408ge6d7 ciI 992e All interested parties are invited to participate. Amanda Barnes,MMC City Clerk PILOT-MARCH 9,2025 rS ' r11 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Granting Fourteen Franchise Agreements for Outdoor Cafes in the Resort Area PUBLIC HEARING: March 18, 2025 MEETING DATE: April 1, 2025 ■ Background: The City Council adopted revised regulations for outdoor cafe franchises on October 20, 2020 ("Revised Regulations").The Revised Regulations simplify the outdoor cafe franchise program and allow more flexibility for outdoor cafe owners and operators to keep pace with current standards in construction, design and materials. The City developed a franchise agreement for the regulation of outdoor cafes, which the grantees are required to execute as a condition of the grant. City Council has traditionally granted initial franchises for one-year terms. After an outdoor cafe successfully operates for one year, the franchisee may return to Council and request a five-year franchise agreement. The City Council has been briefed on the scope of the Atlantic Avenue Improvement Project ("CIP Project"), and City Staff is awaiting additional direction. Because of the uncertainty of what the final scope of the CIP Project will be, the Resort Management Office determined it is prudent for the City to only issue shorter term, one-year franchises, rather than five-year franchises, in areas that could be impacted by the CIP Project. ■ Considerations: The following eleven entities are eligible for one-year franchise agreements because they are either seeking an initial franchise or are located in areas likely impacted by the CIP Project:1) Basil, LLC, t/a Basil Pizza, for a sidewalk cafe at 1102 Atlantic Avenue-, 2) Kiraly, LLC, t/a 2D Cafe and Eatery, for a sidewalk cafe at 1102 Atlantic Avenue; 3) Seha, Inc., t/a Red Dragon, for a sidewalk cafe at 1814 Atlantic Avenue; 4) EEE LLC, t/a La Dulce Vida, for a sidewalk cafe at 2200 Atlantic Avenue; 5) Las Palmas Boardwalk Corporation, t/a Las Palmas, for a boardwalk cafe at 1601 Atlantic Avenue; 6) Kamales, Inc., t/a 9th Street Grill Cafe, for a sidewalk cafe at 812 Atlantic Avenue; 7) SEDA, Inc., t/a 21St Street Grill, for a sidewalk cafe at 200 21 st Street; 8) Kouri, LLC, t/a Cafe Atlantic, for a sidewalk cafe at 706 Atlantic Avenue; 9) Virginia George Co, Inc., t/a Dough Boy's Cafe, for a sidewalk cafe at 2410 Atlantic Avenue; 10) Planet Pizza, Inc. for a sidewalk cafe at 812 Atlantic Avenue; and 11) VB's Raw Bar, Inc., t/a Seaside Raw Bar Cafe, for a sidewalk cafe at 2014 Atlantic Avenue. The following three entities have successfully operated outdoor cafes pursuant to either one-year or five-year franchise agreements, are seeking five-year franchise agreements, and are located in areas not likely to be impacted by the CIP Project: 1) 11 th Street Tap House, LLC, t/a Chicos, for a boardwalk cafe at 1011 Atlantic Avenue; 2) Dunes Investment Associates, LLC, t/a The Dunes Cafe, for a boardwalk cafe at 901 Atlantic Avenue; and 3) Crestline Hotels & Resorts, LLC, t/a Marriott Courtyard, for a boardwalk cafe at 3501 Atlantic Avenue. ■ Public Information: A public notice was published in The Virginian Pilot on March 9, 2025. ■ Attachments: Ordinance, Summary of Terms and Disclosure Forms Recommended Action: Adopt Ordinance Submitting Department/Agency: Resort Management Office City Manager: , 1 AN ORDINANCE GRANTING FOURTEEN 2 FRANCHISE AGREEMENTS FOR OUTDOOR 3 CAFES IN THE RESORT AREA 4 5 WHEREAS, City Council adopted revised regulations for outdoor cafe franchises 6 on October 20, 2020 ("Revised Regulations"); and 7 8 WHEREAS, the Revised Regulations simplify the outdoor cafe franchise program 9 and allow more flexibility for outdoor caf6 owners and operators to keep pace with current 10 standards in construction, design, and materials; and 11 12 WHEREAS, the City has developed a franchise agreement for the regulation of 13 outdoor caf6s, which the grantees are required to execute as a condition of the grant; and 14 15 WHEREAS, the City Council has traditionally granted initial franchises forone-year 16 terms; and 17 18 WHEREAS, after an outdoor caf6 successfully operates for one year, the 19 franchisee may return to Council and request a five-year franchise agreement; and 20 21 WHEREAS, the City Council has been briefed on the scope of the Atlantic Avenue 22 Improvement Project ("CIP Project"), and City Staff is awaiting additional direction; 23 24 WHEREAS, because of the uncertainty of what the final scope of the CIP Project 25 will be, the Resort Management Office determined it is prudent for the City to only issue 26 shorter term, one-year franchises, rather than five-year franchises, in areas that could be 27 impacted by the CIP Project. 28 29 WHEREAS, the following eleven entities are eligible for one-year franchise 30 agreements because they are either seeking an initial franchise or are located in areas 31 likely impacted by the CIP Project: 1) Basil, LLC, t/a Basil Pizza, for a sidewalk cafe at 32 1102 Atlantic Avenue; 2) Kiraly, LLC, t/a 2D Cafe and Eatery, for a sidewalk caf6 at 1102 33 Atlantic Avenue; 3) Seha, Inc., t/a Red Dragon, for a sidewalk cafe at 1814 Atlantic 34 Avenue; 4) EEE LLC, t/a La Dulce Vida, for a sidewalk caf6 at 2200 Atlantic Avenue; 5) 35 Las Palmas Boardwalk Corporation,t/a Las Palmas,for a boardwalk cafe at 1601 Atlantic 36 Avenue; 6) Kamales, Inc., t/a 91h Street Grill Cafe, for a sidewalk c8f6 at 812 Atlantic 37 Avenue; 7)SEDA, Inc.,t/a 215t Street Grill, for a sidewalk caf6 at 200 21st Street; 8)Kouri, 38 LLC, t/a Cafe Atlantic, for a sidewalk caf6 at 706 Atlantic Avenue; 9)Virginia George Co, 39 Inc., t/a Dough Boy's Cafe, for a sidewalk cafe at 2410 Atlantic Avenue; 10) Planet Pizza, 40 Inc. t/a Planet Pizza for a sidewalk cafe at 812 Atlantic Avenue; and 11) VB's Raw Bar, 41 Inc., t/a Seaside Raw Bar Caf6, for a sidewalk cafe at 2014 Atlantic Avenue; and 42 43 WHEREAS, the following three entities have successfully operated outdoor caf6s 44 pursuant to either one-year or five-year franchise agreements, are seeking five-year 45 franchise agreements, and are located in areas not likely to be impacted by the CIP 46 Project: 1) 11 Ih Street Tap House, LLC,t/a Chicho's, for a boardwalk cafe at 1011 Atlantic 47 Avenue; 2) Dunes Investment Associates, LLC, t/a The Dunes Cafe,for a boardwalk cafe 48 at 901 Atlantic Avenue; and 3) Crestline Hotels & Resorts, LLC, t/a Marriott Courtyard, 49 for a boardwalk cafe at 2501 Atlantic Avenue; and 50 51 WHEREAS, the Office of Resort Management recommends that the above-named 52 entities be granted outdoor cafe franchise agreements. 53 54 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 55 VIRGINIA BEACH: 56 57 That the City Council hereby grants one-year franchise agreements to:1) Basil, 58 LLC, t/a Basil Pizza, for a sidewalk cafe at 1102 Atlantic Avenue; 2) Kiraly, LLC, t/a 2D 59 Cafe and Eatery, for a sidewalk cafe at 1102 Atlantic Avenue; 3) Seha, Inc., t/a Red 60 Dragon, for a sidewalk cafe at 1814 Atlantic Avenue; 4) EEE LLC, t/a La Dulce Vida, for 61 a sidewalk cafe at 2200 Atlantic Avenue; 5) Las Palmas Boardwalk Corporation, t/a Las 62 Palmas, for a boardwalk cafe at 1601 Atlantic Avenue; 6) Kamales, Inc., t/a 9th Street Grill 63 Cafe, for a sidewalk cafe at 812 Atlantic Avenue; 7) SEDA, Inc., t/a 215t Street Grill, for a 64 sidewalk cafe at 200 21s' Street; 8) Kouri, LLC, t/a Cafe Atlantic, for a sidewalk cafe at 65 706 Atlantic Avenue; 9) Virginia George Co, Inc., t/a Dough Boy's Cafe, for a sidewalk 66 cafe at 2410 Atlantic Avenue; 10) Planet Pizza, Inc. Ua Planet Pizza for a sidewalk cafe 67 at 812 Atlantic Avenue; and 11) VB's Raw Bar, Inc., t/a Seaside Raw Bar Cafe, for a 68 sidewalk cafe at 2014 Atlantic Avenue. 69 70 That the City Council hereby grants five-year franchise agreements to: 1) 11th 71 Street Tap House, LLC, t/a Chicho's, for a boardwalk cafe at 1011 Atlantic Avenue; 2) 72 Dunes Investment Associates, LLC, t/a The Dunes Cafe, for a boardwalk cafe at 901 73 Atlantic Avenue; and 3) Crestline Hotels & Resorts, LLC, t/a Marriott Courtyard, for a 74 boardwalk cafe at 2501 Atlantic Avenue. Adopted by the City Council of Virginia Beach, Virginia on this day of 2025. APPROVED AS TO CONTENT: ED AS TO LEGAL SUFFICIENCY CAA Dt1uk Convention and Visitors Bureau City Attorney's Office CA16785 R-2 March 4, 2025 SUMMARY OF TERMS 14 FRANCHISE AGREEMENTS FOR OUTDOOR CAFES GRANTOR: City of Virginia Beach ("City") GRANTEES: 1) Basil, LLC, t/a Basil Pizza 2) Kiraly, LLC, t/a 2D Cafe and Eatery 3) Seha, Inc., t/a Red Dragon 4) EEE LLC, t/a La Dulce Vida 5) Las Palmas Boardwalk Corporation 6) Kamales, Inc., t/a 91h Street Grill Cafe 7) SEDA, Inc., t/a 21st Street Grill 8) Kouri, LLC, t/a Cafe Atlantic 9) Virginia George Co, Inc., t/a Dough Boy's Caf6 10) Planet Pizza, Inc. 11) VB's Raw Bar, Inc., t/a Seaside Raw Bar Caf6 12) 11th Street Tap House, LLC, t/a Chicos 13) Dunes Investment Associates, LLC, t/a The Dunes Cafe 14) Crestline Hotels & Resorts, LLC, t/a Marriott Courtyard TERM: Grantees 1-11 above: 1-year terms: 5/1/2025 until 4/30/2026 Grantees 12-14 above: 5-year terms 5/1/2025 until 4/30/2030 FEES: Fees are assessed based on a)type of cafe (Boardwalk or Sidewalk); and b)square footage of cafe. Fees increase three percent(3%)annually. Exhibit B lists fees. PROPOSED Grantees authorized to operate outdoor cafes on public property. USE: REMOVAL: City can require removal of cafe structures from City property upon 60- days notice if necessary for public safety or capital improvement projects. BOND: Grantees required to execute bond or letter of credit in favor of City in amount of$10,000, conditioned upon Grantee constructing, maintaining, and removing cafe from public property. TERMINATION: City can terminate for cause. LIABILITY: Grantees required to indemnify and hold City harmless. INSURANCE: Grantees must provide City with certificates of insurance prior to commencing work. Required insurance includes worker's compensation (not less than$500,000)and comprehensive general liability(not less than $2,000,000 combined single limit). RIGHT OF INSPECTION: City has right to inspect cafes at all reasonable times, with or without notice, to determine compliance with Regulations. AUDIT: City has right to audit all books and records related to each franchise agreement. ' H,: f ws-"•' „raw; av R "+ N ,�_ 'a y yr} ark°"qy °�Y�'y� I' 7"S xv:;. i,. #• APPLICANT'S NAME BASIL 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 Dispositio n 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 7 Planning,Commission and City Council meeting that..ertains to the a lication(s). t APPLICANT NOTIFIED OF HEARING DATE: NO CHANGES AS OF DATE: l REVISIONS SUBMITTED DATE: 1 F i i N)BI 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:_Q p� - r L' If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only i,[property owner is different from Applicant. Check here if the PROPERTY OWNER 1S 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. II s iie (A) List the Property Owner's name:LAE, ___ G+m!l_ ___1�y�S},/► �`� If an LLC, list the member's names: Page 2 of 7 Virgiinia 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 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner In the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 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 7 V, Bz- APPLICANT Virginia Beach YES FNO] I SERVICE PROVIDER (use additional sheets if needed) © 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 Q purchaser of the subject property (identify purchaser(s) and purchaser's service providers) © Construction Contractors Engineers /Surveyors/Agents Financing (include current ❑ �—} mortgage holders and lenders u selected or being considered to provide financing for acquisition or construction of the property) El (D Legal Services Real Estate Brokers / Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development 17 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 7 Virginia eac _ 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. i Ol' l APPLICANT'S SIGNATURE PRINT NAME DATE Page 5 of 7 I A' OWNER FEsl NO SERVICE ROVER e itrashetsfY ❑ 17 needed) aAccounting and/or preparer of your tax return © Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than Elthe Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed Q purchaser of the subject property (identify purchaser(s)and purchaser's service providers) ® Construction Contractors © Engineers/Surveyors/Agents Financing (include current ❑ © mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) nLegal Services Real Estate Brokers / F7 Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ a an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 Flic'ation. ICATION: that all of the information contained in this Disclosure Statement Form is e, true, and accurate. -- stand that, upon receipt of notification that the application has been led for--public hearing, I am responsible for updating the information d.: rein two weeks prior to the Planning Commission, Council, VBDA g,"'or meeting of any public body or committee in connection with this tiion. \ Edmund Ruffin, Manager 64i ER'Si51GNATUR PRINT NAME DATE Page 7 of 7 t'irginia Beach APPLICANT'S NAME ki ra Ivi DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City ._ Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Exception for (EDIP) Changes Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board g 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 diSCIaSUres must be updated two(2)+,peeks prior to any Page 1 of 7 Planning Commission and City Council meeting that pertains to the application(s) APPLICANT NOTIFIED OF HEARING DAFT.. NO CHANGES AS OF DATE REVISIONS SUBMITTED PATE 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: VI_04iC-\ ------------- If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) 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. ((++c l (A) List the Property Owner's name: rri n cNr2c t _ I��l2��y S 6Lc- If an LLC, list the member's names: Page 2 of 7 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 1 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 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101 . z "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (1) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 qVB APPLICANT Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if� needed) 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 n purchaser of the subject property (� (identify purchaser(s) and purchaser's service providers) 12� 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) ElFa Legal Services Real Estate Brokers / Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ ❑ an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 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"S GNATURE PRINT NAME DATE Page 5 of 7 OWNER v�rginia Beach FYES NO SERVICE [PROVIDER(use additional sheets if needed) ❑ i Accounting and/or preparer of I your tax return _ ❑ FX1 Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than ❑ a the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed ❑ Q purchaser of the subject property (identify purchaser(s)and purchaser's service providers) ❑ ® Construction Contractors ❑ FX1 Engineers/Surveyors/Agents Financing (include current ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ❑ ® Legal Services Real Estate Brokers / ❑ Agents/Realtors for current and anticipated future sales of the subject propert SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO 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? If yes,what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 W, [ded ICATION: that all of the information contained in this Disclosure Statement Form is e, true, and accurate. -- stand that, upon receipt of notification that the application has been ed for-pub1ic hearing, I am responsible for updating the information d.;�r'ein two weeks prior to the Planning Commission, Council, VBDA ;'or meeting of any public body or committee in connection with this tiort� Edmund Ruffin, Manager ER'si51GNATUR PRINT NAME DATE Page 7 of 7 'I t:xti6 . . 2:ti2 APPLICANT'S NAME A l �j �-- 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 I FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page 1 of 7 Plannincl Commission and Ci Council rneetin^that Eertains to the lication(s). i APPLICANT NOTIFIED OF HEARING DATE: I �• NO CHANGES AS OF DATE: Ej REVISIONS SUBMITTED DATE: Check here if the APPLICANT IS NOT a corporation, pa 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:,_'iEEe_kO6 ' --________ If an LLC, list all member's names: 59©12i'f Sal If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes I and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only iXproperty owner is different from Applicant. Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Q Check here if the PROPERTY OWNER /$ a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name:___ _LLC-____________ If an LLC, list the member'sgzs��� e-0 names: Page 2 of 7 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 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or anv 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 7 I r APPLICANT Virgins Bewb YES NO SERVICE PROVIDER(use admimuhai:meets if needed) m 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 F71 purchaser of the subject property J (identify purchaser(s)and purchaser's service providers) H 17171 Construction Contractors Engineers/Surveyors/Agents Financing (include current mortgage holders and lenders El IZI selected or being considered to provide financing for acquisition or construction of the property) ElLegal Services Real Estate Brokers / L�J Agents/Realtors for current and t_u anticipated future sales of the subject ro e 10 SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO 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? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Virginia Beach FCERTIYFICATION: at all of the information contained in this Disclosure Statement Form is rue, and accurate. [APPLICANT'S nderstand that, upon receipt of notification that the application has been eduled for public hearing, I am responsible for updating the information ovided herein two weeks prior to the Planning Commission, Council, VBDA eting, or meeting of any public body or committee in connection with this Ration. SIGNATURE PRINT NAME DATE Page S of 7 i OWNER Bia PROVIDER(i6-Addi aiwisheets if YES NO _ SERVICE �- needed �� ❑ Accounting and/or preparer of your tax return Architect/ Landscape Architect/ Land Planner ❑ Contract Purchaser(if other than the pplicant)-identify purchaser and purchaser's service providers Any other pending or proposed ❑ purchaser of the subject property (identify purchaser(s)and purchaser's service providers) ❑ Construction Contractors ❑ Engineers/Surveyors/Agents Financing (include current mortgage holders and lenders ❑ selected or being considered to provide financing for acquisition or construction of the property) ❑ Legal Services Real Estate Brokers/ ❑ Agents/Realtors for current and anticipated future sales of the sub ect property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO 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? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 �� s #• '. z " ; sP, ark S ,* ..* r mmt r, a :}"„# ,3' yi i .... m 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 A PlicatLon. 99 PRO OWNER' IGW-U PRINT NAME DATE I Page 7 of 7 C r Virgzuia``Beach APPLICANT'S NAME 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 j All disclosures must be updated two(2)weeks prior to any Page I Of 7 Planninq 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 ( i • .F dam,, P� ":� U � a 4w. Check, here if the APPLICANT 15 NOT a corporation, pari��nershlp, firm, business, or other unincorporated organization. 10 Check here if the APPLICANT /S a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: 6__L-..,_ If an LLC, list all member's names: Y If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity Z < relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes and z SECTION 2 l PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is 4ffiferent 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:— C, 1L___ �.�_`_______ If an LLC, list the member's names: Page 2 of 7 r. Virloida 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 1 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 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 010 there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 i APPLICANT Yi' aBeach YES FNO SERVICE PROVIDER (use additional sheets if FYE�S 0 SERVICE needed) ® Accounting and/or preparer of your tax return o ® Architect/ Landscape Architect/ Land Planner ❑ ® Contract Purchaser(if other than the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed ® purchaser of the subject property (identify purchaser(s)and purchaser's service providers) El ® Construction Contractors n Engineers/Surveyors/Agents Financing (include current ❑ ® mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) 1 Legal Services Real Estate Brokers / El ® Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ an interest in the subject land orany 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 7 i 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 A li4 C.; APPU OS SldNATURE PRINT NAME DATE Page 5of7 OWNER YES FNO SERVICE PROVIDER ( 5e ai111,lditbn;I sheets if a ne€dedl ❑ ❑ Accounting and/or preparer of your tax return ❑ ❑ Architect/ Landscape Architect/ Land Planner ❑ ❑ Contract Purchaser(other than the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed ❑ © purchaser of the subject property (identify purchaser(s)and purchaser's service providers) ❑ Construction Contractors ❑ ® Engineers /Surveyors/Agents Financing (include current ❑ ® mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ❑ ❑ Legal Services Real Estate Brokers / ❑ Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ j an interest in the subject land or any proposed development U 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 6 of 7 VB Virginia Beach x, CERTIFICA;an I certify that information contained in this Disclosure Statement Form is complete, trccurate. I understanupon receipt of notification that the application has been scheduled fc hearing, I am responsible for updating the information provided ho weeks prior to the Planning Commission, Council, VBDA meeting, or of any public body or committee in connection with this A Iicat' nPROPERTY NRE PRINT NAME DATE Page 7 of 7 s - t 'e`_° �.1!��� � �a� s` �� yi.9,T-.P_ ,t»-•�^�.,jr�; � tia �•15�{��.' "'*'..'a ,� ':• s t :mnJ Virginia Beach APPLICANT'S NAMEZ45 �°'"d''v"�� Cclp_ A/M A S crr 1° wear jam_ 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.officlals who may vote on the application as to whether they have a conflict of interest under Virginia law. I iw r•rrrr __ -■o run ii.w 'ew.. .wwwr���rw..rr.�..� SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY J Ai disclosures must be updated two fz1 reeks p+ior to any Page 1 of 7 Planning Commission and CityCouncil meeting that pertains to the application(s) [3 APPLICANT NOTIFIED OF HEARING DATE: NO CHANCES AS OF DATL- REVISIONS SUBMITTED DATE: I t ;.�`#��=�' �. -�.adt •"� sc.,.i;r:� .;if. :z�" _. €�" y, .4.�� ram'' i Virginia Beach k Check here if the APPLICANT IS NOT a corporation, partnership; firm, business, or other unincorporated organization. Check here if the APPLICANT /S a corporation, partnership, firm, business, or other unincorporated organization. (, PAtVVIA� (�a�d k- ova (A) List the Applicant's name:__ a'S G a�pdyaL If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) �v;E2J��R,Q�F (B) List the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) i See next page for information pertaining to footnotes and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE f Complete Section 2 only it pMperry 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:___ t✓1�- s� _ ►2t I L -------- -------- --- - If an LLC, list the member's names: Page 2 of 7 I j -2.WN Vi]'ginin 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 1 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 directiy'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, (li) a controlling owner in one entity is also a controlling owner in the other entity, or (111) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or anv 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 7 er APPLICANT Virginia Uaah YES NO SERVICE PROVIDER Ouse addidorial sheets If -� � needed) FqAccounting and/or preparer of your tax return (D7 Architect/Landscape Architect J uu Land Planner ❑ Contract Purchaser(if other than the Applicant - identify purchaser and purchaser's service providers Any other pending or proposed (� purchaser of the subject property �1 (identify purchaser(s)and purchaser's service providers) ElF1U Construction Contractors Engineers/Surveyors/Agents Financing (include current D mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Legal Services Real Estate Brokers/ Agents/Realtors for current and anticipated future sales of the subject prope SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO 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? If yes, what is the name of the official or employee and what is the nature of the Interest? Page 4 of 7 e Virginia Beac, FP1i ICATION: hat all of the information contained in this Disclosure Statement Form is ,true, and accurate. tand that, upon receipt of notification that the application has been d for public hearing, 1 am responsible for updating the information herein two weeks prior to the Planning Commission, Council, VBDA , or meeting of any public body or committee in connection with this ion. LcR s(37`11e1�_�t, FAICANT'S SIGNATURE PRINT NAME DATE i i I j Page 5 of 7 OWNER YES [NO] SERVICE PROVIDER(usp.atldia al sheets if i needed) i Accounting and/or preparer of Dixon Goodman Hughes your tax return © Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than © ; the Apolicant)- identify purchaser and purchaser's service providers Any other pending or proposed ® , purchaser of the subject property I (identify purchaser(s)and purchaser's service providers) ? © Construction Contractors ® j Engineers/Surveyors/Agents Financing (include current © mortgage holders and lenders selected or being considered to fprovide financing for acquisition or construction of the property) Legal Services Kenneth Lee Westnedge,Jr. Real Estate Brokers / — L_ ® I Agents/Realtors for current and i I anticipated future sales of the 1f subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ 0 an interest in the subject land or any proposed development contingent an the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 oO Virginia Beach [Application. ATION: hat all of the information contained in this Disclosure Statement Form is ,true, and accurate. tand that, upon receipt of notification that the application has been d for public hearing, I am. responsible for updating the information herein two weeks prior to the Planning Commission, Council, VBDA or meeting of any public body or committee in connection with this ior Rob ert M. Fbward y C 10 PROPERTY OWNER'S SIGNATIURE ,PRINT NAME DATE J Page 7 of 7 f i EXMBIT A MEMBERSHIP INTERESTS IN ROCKFISH SEA GRILL,LLC M Membership Interest Heritage Investments,LLC 74.191893% Edmund C.Ruffin 20.887571k. Kimberly Midgett 0,4171483% CharlesJ.Sass 0.4171483% James P.McAllister 0.4171483% John L.Houser,JrJ 0.8342966% Carmella Houser Daniela Cusano 0.5226919% Thomas G.Griffin 0.2110871% Michael H.Levinson 0.8342966% Robert M.Howard 1.2665226% Total: 100.00% i 4 Affilates i f Entity EINs 19th Street, LLC 54-1945625 31 Ocean Business Association, Inc. 47-2001111 34th Street Garage, LLC 45-2399281 Atlantic Coast Development, LLC 46-3854448 Battlefield Associates, LLC 32-0792637 BC Development, LLC 33-2022526 BLT Marine, LLC 87-1086269 BQTS Associates, Inc. 54-1519606 Cavalier Associates, LLC 46-2903102 Cavalier Associates Development, Inc. 46-3223768 Cavalier Residential Builders, LLC 47-2615944 Cavalier Hotel Services, LLC 81-164722 Cavalier Oceanfront Residences, LLC 84-2373804 Central Laundry, LLC 20-2508149 Central Laundry Services, LLC 46-2906648 DareFund, LLC 46-2589371 Dam Neck Associates,LLC 85-1258318 DMR I, LLC 46-3355328 Gold Key/PHR, LLC 54-1945625 Gold Key/PHR Food Services, LLC 20-2031515 Gold Key/PHR Development, LLC 54-1945625 Gold Key/PHR Rewards, LLC n/a I Quick GK/FJ, LLC 92-3532428 H-eritage Investments, LLC 54-1945625 Hi-Sea, LLC 27-1582243 Hi-Sea Office, LLC 27-4274821 Hi-Sea Condominium Association Inc. 46-1763749 Hospitality Investments Associates, LLC 46-5285280 Hospitality Investments Associates-Battlefield, LLC 33-1645239 Hospitality Investments Associates-Cavalier, LLC 46-4321242 Hospitality Investments Associates-Norfolk, LLC 46-4320723 Hospitality Investments Associates-Oceanfront South, LLC 86-2674888 Norfolk Hotel Associates, LLC 46-3873541 l Norfolk Hotel Development, Inc. 46-5080078 Ocean Beach Club, LLC I 54-1506700 Oceanfront Condominium Association, Inc. I 33-1628270 Oceanfront Investments, LLC 61-1725156 Oceanfront South, LLC 84-4000089 1 Professiona! Hospitality Resources, Inc. 54-1359656 PHR, L.C. 54-1705634 Red Wing Associates, LLC 85-1247820 ROTB, LC ! 54-1691818 Ruffin Development, LLC 92-3699008 Ruffin Family, L.C. 54-1706166 Ruffin Family Investments, LLC 83-1680919 i Seashore Marine Ventures, LLC 27-2137671 Sunrise Beach Services, LLC n/a TFI, LLC 20-0984938 The Main Condominium Unit Owners'Association 82-1144413 Thirty-First Street, L.C. 54-1917056 Thompson Family Investments, LLC 20-1799560 VBOZ Investments, LLC 84-2202255 APPLICANT'S NAMEsth Street Grill 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 7 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: Check here if the APPLICANT IS NOT a corporation, par rship, 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:500-060all1___ -------------- If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) Kamal Darrazi (B) List the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) 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 7 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 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (1) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (III) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 k r APPLICANT �TtrginiaBeach YES FNO] SERVICE PROVIDER (use additional sheets if needed) 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 purchaser of the subject property (identify purchaser(s)and purchaser's service providers) ElF1 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) El Legal Services Real Estate Brokers / Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have 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 7 i 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 A licatio Kama[ Darrazl APPLI GNATURE PRINT NAME DATE P P Page 5 of 7 n;. M � a OWNER YES NO SERVICE PROVIDER (use additional sheets if needed) El ❑ 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 purchaser of the subject property (identify purchaser(s)and purchaser's service providers) ❑ Construction Contractors ElF-1 Engineers/Surveyors/Agents Financing (include current ❑ ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Legal Services Real Estate Brokers / Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have 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 6 of 7 jPniaBeach' 1�5' INN v.. FApplica CATION: hat all of the information contained in this Disclosure Statement Form is , true, and accurate. tand that, upon receipt of notification that the application has been d for public hearing, I am responsible for updating the information herein two weeks prior to the Planning Commission, Council, VBDA or meeting f a6y public body or committee in connection with this ion. W I Kamal Darrazi PROPERTY OWNERS SIGN PRINT NAME DATE t f i Page 7 of 7 �.ri. l s .. •yt,l _ _ t41- ` l 1, PPUQ6M..shl-6 - E DISCLOSURE STA,TEMENJ FORM The completion and submission of this form is required for all applications that pertain to City real estate manors or to the development and/or use-of property in the COY 0..Virginia Beach requiring action by the City Council or a board, commissiitnt or tither body appointed by the City Council. Such applications and matters Include, but are not limited to,the followl": Acquisition of Property Disposition of City Mpdiniatign of by City ---- pPeKY Ctuiditlpni nitAfJsexs� Alternative Economic Devetopmant NpnCw4om1tn0 Use. ComplianM5pecial ttwestlnentroogram t;x_C4ption For (DIP)Cha�rlpts Board of Zoning - _" Allpedl5 Encroachment Pteque" UZ Ming Certificate of Fioodplain'Va rknee FAppropriateness SilywCI liure Histork Review Boa Franchise Agreement lIeSikpeake Bay Preservation Area Lease of City WdpeM 541241VOID0 Vit IRSte Board- Conditional Use Permit License AgreemOnt ltiettands Board The disclosures contained in this fa rfi- n lce l y;Q.lr form Public officials who may vote on the gpOcation.as to whether they have a conflict of interest unoor Vireinlik law, SECTION 1 / APPLICANT DISCLOSURE FOR CITY 1lSF.UNIY nil diidniu'rs mu>'i ba updxe�tivi,fl)V144Ki PtW11% Aq P8$!1 Of ?ti�nnnu fotormsoin and cot Council meld Ihat s to the. dwtiai i APPLICANT N(MFIEU OF NEARING DATE. HO CHANGES AS OF k£V15)UNS SUt3k11TTEt7 MA,TF; s <s,e 3td'1f« i , w e »�:t FS- . op, SSW ,�`"°. y`.Itr• i Check !here If the APPLICANT f No a r _ . .t � M corporation, RBI!?",?'` rut, busfoess,or other unIhbdrpbrated organization. Check here if the Aj2j CANT 15 a corporation, partnerrdup, firm, business, or other unincorporated brgantration. (A) I ist the ApphearWs name:VEYL MU If an U-C, list ail members names: SAMET YUMUSAK <. It a CORPORATION, *lAt the the.names of al)officer's,directors,members, trustees, -etc.below: (Attitch list if necessary) (B) List the businesses that have a paretn•subs)dtary.t or althited business eittity 3 relationship with the Applicant:(Afi*Q h list if nei"SAW Y See next page for information pettairaiigtofoptriotts and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 onlK f arowrtyawner is dfffC=j'finch allrant< CJ theck here If the PROPERTY OMER fl NOT 8 corporation.partnership,firm, business, or other.unincorporated orp'nIzation. Check here if the paTtt)efship firm.VN NZU4� fat`ign. rm. business,or other uril4Ct►lp�pttt>ed otlftt6lia following. Piete the (A) List the Property OyMeIJ.s p' NOFi. i Qh1 P{QI R E! If an LLC,Iist-tile rnet bens names: D. S1A.jk-a1§j0 M'M.kM81R Page 2 of 7 T:r,..r„,y,,.�,x..-+... ..�+ •�+-a '!Oo-x•�'' �<.!tf��"., f If a Corporation,list the names ofail officers,directors,members,trustees, etc.below; fAtt~ach list if necessary) I ! (9) List the businesses that have a parenk-subsidiary f or.offitiated business entity 2 relationship with the Property Owner. (Attarh'4s.t It ftawro BRAVA,.LLC,OCEAN HORIZON PROPERTIES OF FL,1AC K43M WESTMENT COMPANY, INb,MENU.g Ii�AItIA4WM W bQ�iISULTAi1 TS. ALDUS,INC,BIRDNECK ASSOCIATES,LLC,62VYgTH:STWET.-LLC•,2gTH STREET ASSOCIATES, LLC 1 Varent-substdtary relationship"means 'a retattonship that extM when,one corporation directly or indirectly owns shares possessing more than so Wcent of the voting polder of atottaa cOrporajt{on' gee State and teat romrnment Conflict of tntertits Act,Va. Code S 2.t.ji tit. - t 'Afffidated business tnttty rtiationshlp' means 'a. iel#MnS*. :other than parent_Subf)d>try adatk,nship.that exists when pI one bosioass.entfty tins a cflfrtWtjh .amm&shfp Interest.In.the der business entity,(0)a contioQing owner in one ento Is also a wnudft awer ht the other eriEt%or 010 there is shared management or control between the busfitess e6jkks- -factors that should.be considered in determining the existence of an affiliated bus ws:en*L ralationsNp.bndjide That the same Person or substantially the same person awn or manage the wm entities;,there we'co n row or commingled funds or assets;the business entifles share the use of dw s.me oft I eF.or emplo}trrs or ntheow3se share actinides, resources or personnel on a regular bails;W'thtn is pthe<rwise'a.cause working relationship between the entities." See Stan and l tql Govemment Canflict of intents+ , VA.Code 3 2.2-3101. �r••rw. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided In connection Wk-b the subject of the application or knv busierjS agar ling nr go be�onerar�rs_;►0ihe Q ;�•, if 6e Lea any item If;YES, ptedse iderttyl�i the firm;or Iti t'duai PrOVIdirlg the servlco.*'THE OWNER AND •APOLiCANT Me 0WFERE14, EACH I OST tOMP'LETE TFIE %c-%* SEfiEtATELY Page 3 07 i at*" M A'7PLICANY VligILta • ... �_YES Mim M ' 5EkV1tE PROMt4ER tdks. it"stieata lr+_..._ ncad - ® ❑ Accounting and/or preparer of A-Z BOOK KEEPING your tax return K ❑ Architect/Landscape Archltect/ F7EiOH ARCHMECT Land Planner Contract Purchaser(if other than the A91MIcan -identify purchaser and purthastes service providers " ® Any other pending or proposed pbrshgser of the subject property (identi(y purcheset(f)and purtha;ees service providers) ` Construction'Contractors EApiheers/Surveyors/Agents WNWN&ASSMIATES Finaaicing(include current C1 mortgage holders and koders JhQ1 seiecued or being considered to provide financing foracquisltion or mnstructlon of the property) LJ Legal Swvkes Real Estate Brokers,( ❑ ® Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE _ VIES NO Does an official or employee of the City'd Vinglnla Beach have an interest in the subject land or ay proposed dtvelop'rrtenR contingent on the subject public•actlon? If Yes, what is the name of the official or employee and 9.1sthe nature-of the - r�tcrest7 Page 4 of 7 5 eye � 5 ' Y •i e r s.a 1��Nk wwuis-nt• #5 �.':. I f � P „7—. , .k. rrY.T�"'��••r.1`V<r C�RTIFICATi�N: I certify that all of the information contained In this Disclosure Statement form Is Mmplete,true,Arid accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible * updating the Information provided herein two weeks prior to the Planning iCommisslon, Council, VSDA meeting, or meeting of any public body or committee In connection with this Ayplication. --- —------- SAME"YUMUSM AM 9'"SIMTuRS PFJK NAM DATE is f i Page 5 of? t i f NO mmVICE VvEmm Arcoutttittg add/or preparer-of Und your tax return El R/I Att Med/Landataq!Artrhitect/ Land Pianeer CDotract purrhasar�rt aaher rLsri thLAvalicaW identify purchaser and purchaser's service providers ❑ ® Any other pending or pmae pod purcbaser-ot the aattject property [kieht v pu.mbaser(s)and 7. IVrC%i$&rX MrViae prvvld" U tOttatwdbn Contractors 101 -, � ® ��neers<:/.Surveyors/�19+serts t �r ho�at�glad kndrtrE ; 7 "%Md-'being to�ti�ey!ed.tQ prbvldrffnanctng.�oiracyriAzifbp or coridtrrirtiowot t�l :o%ln1r} 0 Real ftrate$lokers' Aw"t0ealtors for'ev"*nt and ; entidOM4 Future sales of the subled property SECTION 4. KNOWN iMT�i��5T.BY h��f��60MCIAL 0 EMPLOYEE t ' VFS NO Doss an official or-employee-of the, shy pf Vi iris:B,a hs;vpe Q ® an interest.ln the subject land or any! developt ia+tt sontitti ent on the subject public•sctlon It yes,v*L#t is the na+tte bf the'offidel or employee!#Ad Wh6t is the nature of,the interest? _ � ,, •'."� ;.�> ,, ,may r`.��• � 4. t ' ' R w.y�. p� 7�L �` � rw'+R++"' �;•... .<."wt,_v •.�w�y �,•.k' i: s '` 'r �•x > .7'�t ,�r:...rea '�Pirz,y''+p,r-•, �• �'�. - F s e CETMICATION 1 terrify that all of the information contained in this Disclosure Statement Form is complett,true,and accurate. i understand that. upon receipt of notification that the appikwlon has been scheduled for public hearing, I am responsible for updating the intbrmation provided herein two weeks prior to the Planning commission, Council, USDA -meeting, or meeting of any public body or comrnittae in connection with this Applitition. NA81L D.KASSIR i�io►�mr cdr►Ruelt's na►t� Psltrt tdAl+te ta117'E :s Page 7 of 7 i r I� I R t gI I E i ^,e , APPLICANT'S NAMECafe Atlantic DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Exception for (EDIP) Changes Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to Inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page 1 Of 7 Planning Commission and City Council meeting that pertains to the a lication(s). APPUCANT NOTIFIED OF HEARING DATE: NO CHANGES AS OF DATE: REVISIONS SUBMITTED DATE: Purina 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:WIM*111� ___—--------------- If an LLC, list all member's names: Andreas Magriplis If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) 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. N4Check 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:David GROTH Page 2 of 7 .s CW1W 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 1 or affiliated business entity z relationship with the Property Owner: (Attach list if necessary) t "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 g 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered. in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 ,a >�d. b APPLICANT ;: W YES N SERVICE PROVIDER Wed) tonal sheets If ----] I needeeded El 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 purchaser of the subject property (identify purchaser(s)and purchaser's service providers) Construction Contractors Engineers/Surveyors/Agents Financing (include current ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) El Legal Services Real Estate Brokers / Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ an Interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Virginia Beach CERTIFICATION: certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. 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. Andreae Megrlplls APPLICAN SIGNATURE PRINT NAME DATE Page 5 of 7 h OWNER ti FYES NO F SERVICE PROVIDER (useadditional sheets if needed) 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 ❑ purchaser of the subject property (identify purchaser(s) and purchaser's service providers) ❑ Construction Contractors Engineers/Surveyors/Agents Financing (include current mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ElLegal Services Real Estate Brokers / Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES K143 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? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 N)B 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 creeks prior to the Planning Commission, Council, VBDA meeting, or a tin any public body or committee in connection with this Applicati David GROTH (P E WEtt' , ATURO PRINT NAME �v4ginia$each APPLICANT'S NAME V 91-ni� ������ 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 Compliance, Special Investment Program Nonconforming Use Exception for (EDIP) - Changes Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to inform Public Officials who may vote on th+eiapplication as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must Fe updated two(2)weeks prior to any Page ] Of 7 --Manning Commission and Ciry Council meeting that pertains to the a lication(s). 0 APPJ..ICANT NOTIFIED OF HEARING DATE: NO CHANGES AS OF DATE: L REVISIONS SUBMITTED DATE: v11ginia$eaC�l Check here if the APPLICANT IS NOT a corporation, partnership, firm, usiness, 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: Vcn14 4 (01.. _�C If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list If necessary) 6� �'X' le1-441-1 I IrO5 (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) 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 rtYOwner's nam • 8114aillatZAV IAV9/1451"A C If an LLC, list the member's names: Page 2 of 7 A)B4f Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) A (B) List the businesses that have a parent-subsidiary or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly awns 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, (Ii) a controlling owner in one entity is also a controlling owner in the other entity, or (ill) there is shared management or control between the business entities. Factors that should be considered In determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va.Code § 2.2-3101 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 3of7 (&Wei APPLICANT YESl F NO SERVICE [�!OVIDIER(use additional sheets if needed) n/� Accounting and/or preparer of L your tax return El Architect/ Landscape Architect/ Land Planner ❑ Contract Purchaser(if other than the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed a purchaser of the subject property identify purchaser(s)and purchaser's service providers) Construction Contractors Engineers/Surveyors/Agents Financing (include current ❑ mortgage holders and lenders a selected or being considered to provide financing for acquisition or construction of the property) Legal Services Real Estate Brokers / �- Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ r-y� an interest In the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the.nature of the interest? Page 4 of 7 4 {n, Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. j 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. APPLICANTS SIGN R PRINT NAME DATE -A Page 5 of 7 V. - -, "Q.;"10 LL< k OWNER Vntnia Beach YES NO SERVICE PROVIDER (use additional sheets if ❑ ❑ I I - needed). ❑ C� Accounting and/or preparer of UUU 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 ❑ purchaser of the subject property (identify purchaser(s) and ❑ f purchaser's service providers) [pJ`) Construction Contractors ❑ Engineers /Surveyors/ Agents Financing (include current mortgage holders and lenders ❑ selected or being considered to provide financing for acquisition or construction of the property) ❑ Legal Services Real Estate Brokers / ❑ Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 to 1. � lip .tea CERTIFICATION: certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. 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. PROPERTY owNE S ilC ATURE PRINT NAME DATE Page 7 of 7 Virginia Beach APPLICANT'S NAME �Ima vt- -- (AC, 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 Compliance, Special Investment Program Nonconforming Use Exception for (EDIp) Changes Appealsard of Zoning Encroachment Request Rezoning 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 ] / APPLICANT DISCLOSURE CITY USE ONLY/All disd�suras mus'be .. __-eks pri `o -- -------------- FOR �. _ --- _ ut.dateci two(2?;weeks prior to ally Page 1 Of 7 Flanninu commission and city council meeima[Fiat 7Hrtaim to the aopiicau ijts). APPLICANT NOTIFIED OF HEARING DATE. i NO CHANGES AS OF DATE �L REVISIONS SUBMITTED DATE: VB Virginia Beach Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. 1 Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. P. ` (A) List the Applicant's name:-Vkvle.+ ! zz - 1�1C. If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) AnafeaS Caravas (B) List the businesses that have a parent-subsidiary I or affiliated business entity z relationship with the Applicant: (Attach list if necessary) 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. ZCheck here if the PROPERTY OWNER /S a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following.(A) List the Property Owner's name:-_ � fr IQ S s- L LC If an LLC, list the member's names: Nfern,e -6orlaa- Page 2 of 7 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 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship' means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 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 7 I ^�t APPLICANT r v ,ia seams YES FO SERVICE PROVIDER (use additional sheets if needed) Accounting and/or preparer of u 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 purchaser of the subject property (identify purchaser(s)and purchaser's service providers) Construction Contractors Engineers /Surveyors/Agents Financing (include current F1 �,^ mortgage holders and lenders �J selected or being considered to provide financing for acquisition or construction of the property) LJ Legal Services Real Estate Brokers / Agents/Realtors for current and anticipated future sales of the sub ect propeqy SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO 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? If yes, what is the name of the official or employee and what is the nature of the interest? i Page 4 of 7 s i S 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 A lic ion. APPL CANT'S SIGNATURE PRINT NAME DATE Page 5 of 7 N)B OWNER Virginia Beach YES [NO] SERVICE PROVIDER (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 ❑ (��/ purchaser of the subject property �,d►� (identify purchaser(s)and purchaser's service providers) ❑ Construction Contractors ❑ Engineers / Surveyors/Agents Financing (include current El mortgage mortgage holders and lenders (,� selected or being considered to provide financing for acquisition or construction of the property) ❑ 5-71 Legal Services Real Estate Brokers / ❑ Agents/Realtors for current and i anticipated future sales of the suNtct..propeqy. SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO 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? If yes, what Is the name of the official or employee and what is the nature of the interest? Page 6 of 7 X- U. 11" " , —` Virginia Beach CERTIFICATION: 1 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 A lication. PROPERTY OWNER SIGNATURE PRINT NAME DA Page 7 of 7 z Cia3each,. APPLICANT'S NAME 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 Compliance, Special Investment Program Nonconforming Use Exception for (EDIP) Changes Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement LWetlands 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 I / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page I of 7 Plannina 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: iLy C✓ { 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:_ U 13 _�aw c i A If an LLC, list all member's names: , � 6-[nsi We Aw R-e- If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list list if necessary) SA4wn Le✓e l/ (13) List the businesses that have a parent-subsidiary 1 or affiliated business entity Z relationship with the Applicant: (Attach list if necessary) 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 If an LLC, list the member's names: Page 2 of 7 r 4 � Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc, below: (Attach list if necessary) (IB) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation See State and Local Government Conflict of Interests Act,Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (1) 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 S 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Propertv. 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 7 APPLICANT Virginia 13eac YES FNO] FSERVICE PROVIDER(use additional sheets if needed) _ ElF-1 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 purchaser of the subject property (identify purchaser(s)and purchaser's service providers) Construction Contractors Engineers/Surveyors/Agents Financing (include current ❑ ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) 1:1 El Legal Services E Real Estate Brokers / Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 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. �gz -<Z:T- -5A..bv lei Leve APPLICANT'S SIGNATURE PRINT NAME DATE Page 5of7 S OWNER YES FN SERVICE PROVIDER ( tP1�eu if ne - Accounting and/or preparer of your tax return El ❑ Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than ❑ the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed purchaser of the subject property (identify purchaser(s)and purchaser's service providers) Construction Contractors 7 ❑ Engineers/Surveyors/Agents Financing (include current ❑ ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Legal Services Real Estate Brokers / Agents/Realtors for current and anticipated future sales of the subject property • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ an Interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 E r WV 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. PROPERTY OWNER'S SIGNATURE PRINT NAME DATE Page 7 of 7 s .n , VirginiBa 11 APPLICANTS NAME IIth Street Tap House,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 contolned 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 7 Planning Commission and City Council meeting that pertains to the a lication(s). 0 APPLICANT NOTIFIED OF HEARING DATE: 0 NO CHANGES AS OF DATE: REVISIONS SUBMITTED DATE: Virginia Beach Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the APPLICANT 15 a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: 11th Street Taphouse, LLC dba i If an LLC, list all member's names: Louie Ochave, Mike Crockford, Ed Stockunas, Jr., Rob Richardson & Matt Potter If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity Z relationship with the Applicant: (Attach list if necessary) Pacific Pizza, LLC., Shore Pizza, LLC, Strawbridge Pizza, LLC, Pleasure House Pizza, LLC, Town Center Pizza, LLC, Chicho's Catering, LLC, Backstage Pizza, LLC, VBN Restaurant, LLC and SOS Pizza, LLC See next page for informatlon pertaining to footnotes] and Z 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. ❑X Check here if the PROPERTY OWNER /S a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name:Harrison Virginia Beach South SF If an LLC, list the member's names:John H. Harrison; Hale and Alberta Harrison Irrev. Trust dtd 3/5/2009 Page 2 of 7 If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) John H. Harrison; G. Hale Harrison (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) List attached "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 entityrelationship" means "a relationship, other than p p, parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. • SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 APPLICANT VtyiniaBeach YES .. FNO SERVICE PROVIDER (use additional sheets if needed) El © Accounting and/or preparer of your tax return Architect/ Landscape Architect/ Land Planner ❑ ® Contract Purchaser(if other than the Analicant)- identify purchaser and purchaser's service providers Any other pending or proposed El © purchaser of the subject property (identify purchaser(s)and purchaser's service providers) ® Construction Contractors ® Engineers/Surveyors/Agents Financing (include current El ® mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ® Legal Services Real Estate Brokers / ® Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have a an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 f s R [APPUCANT'S TIFICATION: tify that all of the information contained in this Disclosure Statement Form is plete, true, and accurate. derstand that, upon receipt of notification that the application has been duled for public hearing, I am responsible for updating the information vided herein two weeks prior to the Planning Commission, Council, VBDA ting, or meeting of any public body or committee in connection with this lication. IC/'�— Louie Ochave SIGNATURE PRINT NAME DATE Page S of 7 6 9 M. . m WNER x..v, YES FNOl F SERVICE PROVIDER( seadld)tleiiW sheets if new © Accounting and/or preparer of your tax return ❑ FA Architect/Landscape Architect/ Land Planner ❑ ® Contract Purchaser(if other than the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed ❑ purchaser of the subject property (identify purchaser(s)and purchaser's service providers) ® Construction Contractors ® Engineers/Surveyors/Agents Financing (include current El ® mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Legal Services Real Estate Brokers J Agents/Realtors for current and El 0 anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development El ❑ 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 6 of 7 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. f" /444!�!L G. Hale Harrison PRO RTY OWNER'S SIGNATURE PRINT NAME DATE Page 7 of 7 Year of Named Insured EMlty, Operating Property Type of E" Organization FEIN Continuity Dak Harrison Hat Hotel,Into. Its Harrison Han Hotel C Corlow—idion Harrison Han Funding,Inc. Va Hernson Hall hotel C C 2004 Hot&&John tso arrn - adnlV7111 11 m eza WIFE a an aza Hotel&Pau sure n 1UZ (slim Plaza,Inc. Va Plim Plaza Hotel&Paul Revere Hale&John H.Harrison Partnership Ua Prim blaze Hotel&Paul Revere Pa 1971 52-0912184 6arbizon z,,anmems Other Rea!!stale d 4 -1021411 11 Hemson Inn Inc. Va Holiday Inn and acib arbor Waicn C Corporation 1950 62-1191391 ROW Harrfscn Inn Shdy-Sbt Proffered LLC Holiday Inn and Reflections LLC 2007 26-3768146 Harrison Inn Filly-Eight LLC Holiday Inn and Reflections LLC 2007 62-1262199 Harrison 681h Street,LLC(Converted from Harrison Inn 66 Business TnM 2D17) Holiday Inn and Reflections Business Trust 2007 20-7418M Harrison 66 Inn Acceptance.LLC Holidav Inn and Reflections LLC 2007 Harrison Group,Supply,Sales,insurance on Group Gen.&Admin______.____`.Parmenurip —..--J i -1225852 1110mil Harrison Group SUPpty (driairded to Harr= n Grou General,LLC in Summer2023 J&H Harrison nnerahr. Va meitl antl Fnetlel Forms Partrrership 19at 52-1252105 112320 4amson Inn Inlet,Inc. Va ces—Motel C Corporation 19 -1299028 Harrison Inletagufsiion,LLC Us Oceanic Motel LLC 2012 45-5546315 Sandpiper lies,Inc. Dunes Condominiums S Corporation 1983 52-IMM 1112—M Second Inn t ndpiperCondominium, LLC Sand;li r Dunes Condominiums rSurf Villa•. S C 1983 62-1317058 Second sweat conaomwum,Inc. Omer Real EsWe C Corporation 1983 62-138M 11 Harrison Inn Stardust Inc. us Hilton Oceanfront Sines Corporationim 62-W7W 11 Harrison Inn Stardust Preferred LLC Va Hiton Oceanfront Suites LLC 2008 26 4155774 Harrison Inn Stardust Business Trust Va Edon Oceanfront Suites Business Trust 20D8 26.4165774 Ocean View,Inc. Holiday Inn Hotel& "es a Corporation 1966 52-1465121 1112=011 Harrison Inn Ocean View SPE LLC US Holiday Inn Hotel&Suites 46.5656532 HeM'01 Inn SPC Inc. Va Horida Inn Hotel&Suites_ C Cot r�a�tio_n 2007 2641765267 Hamson Inn elk Inc. Quality Inn Boardwalk SC( i— 1-114 3 1 Harrison QI 17,LLC Quality Inn Boadwalk LLC logo 52-1495090 Harrison QI 17 Funding LLC Qualrty Inn Boardwalk LLC log 52-1495090 HI QI 17 Man■ Merl Em ses,Inc. Qualily Inn Boardwalk S Ion 2012 45.622866E H■rm on Inn ndynill,Ina Other Real Estate 6 62-14950t18 11 Harrison nn — .Inc. _ a eatwney Motel _ S c nftn -1 764 11n t F1arrLson 2fifh h0ede.hie,Inc. 281h 8�hiladalphla-Har,c Jacks S G eiion 1969 2-803856 11CYd121 1 Hamson Furldm ,Inc. IFfardeon Furldin '— S C awn 1983 52-1847888 112312011 Hannon QI 54, Ve ue Inn Oceanfront LLC 1 52.0975286 172051r— Hammm OI 54 Funding,LLC Its Quality Inn Oceanfront LLC 1999 620075286 Hannon QI 54 Management Enterprises,Inc. Us Quality Inn Oceanhom S Corpon»bn 2012 HHIe mQIw 54n m - does,Inc. Vaa � O O $ p 0 45.52290 V MWg nc cewM C n 20-0786110 71F1311p1 lierrieon BW Funding,Inc. Va F s Oceanfront C on 20D4 2f7A785182 Hanison Inn Ocean View Preferred LLC Ua HOlklay nn Hots: Suhea 28-02852 r2y2p11 Hantson Inn Ocean Vow Business Trust Va Holiday Inn Hote&Suites Business Tryst 2007 26(X!652A9 Harrison Inn Ocean View SPC Inc Its Holiday Inn Hotel&Suites 46-5556951 Harrison HI 18(converted from Partnership In 2000) Harrison HI 18,LLC Us Holiday Inn Hotel&Suites LLC 1986 52-1495087 Harrison Inn 16 Suites,LLC tie Holiday Inn Hotel&Suites LLC 2DD7 260265223 Harrison Inn 18 Man rent Eller rises,Inc. n Hote& ues 2014 46SMI17Man inn a o nn-Co Va HmIn 190 tiff Harrison Inn Corolla Management Enterprises,Inc. tie Harrison Inn-Corolla S Corporation 2013 46.2689278 Hamsw Inn Corolla MM Inc, Va Harrison Inn-Corolla S ration 2013 45-26376M Harrison Vhgin a ntio.LLC Va Surbreak Hotel LLC 201 4-1635W 7182015 Us Surtbreak Hotel Ua Surbreak Hotel LLC 2015 erfison Corolla mama, C -- OMer al ate 66 2015 47-58349 7 H■mson 1608 Philadelphia Avenue,LLC Other Rea state LLC 2015 475669624 12fl5R015 Harrison 34th S1 1 8e1 LLC Omer Real Estate LLC 2016 81<389104 .16.111.Philadelphia Aw LLC Other Real Estate LLC 2016 B7-3631, Stephort Decahr H' LLC Other Real Estate LLC 2018 81-42047011 Ua DoubleTree by HiltonILILC 1 1 1 Harrison Inn ,Ltd. artne _. oil 1 Harrison Inn Slardue!Axe rice. 11 ruee eon, n H.Hamm,Helen fauoMHamm Famns,a.rnr m 1 i2320 rblzon,h1a Har»son son r,LLC 1I232011 Fitch Flamm 11232011 John H. Harrison Harrisona son - 11232011 Im Boardwal none _._.. 7 11 Inn ardwalk,Inc. ant e,nor AH Insurance we i 8M Hiliffilson n en a Harrison SUeel,LLC 87-2112171 w1umi Dean2MM 511/20 Hsmson 27th street LLC - asLLZ1392 fE I APPLICANT'S NAME Du t4+Es jh1V &T M WT PssS�G1KM I Lox— 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 Compliance,Special Investment Program Nonconforming Use Changes Exception for (EDIP) Board Zoning Aeatsis Encroachment Request Rezoning 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 g Public officials who may vote on the application as to whether they have a conflict of Interest under Virlpinia law. SECTION 1 / APPLICANT DISCLOSURE f FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page 1 of 7 Planning Commission and City Council meeting that pertains to the a llcation(s)_ APPLICANT NOTIFIED OF HEARING DATE: r] NO CHANGES AS OF DATE: REVISIONS SUBMITTED DATE: i ! pi d r ( y� I S h Check here if the APPLICANT IS NOT a corporation, pa a rrm business,or other unincorporated organization. dCheck here If the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:RU%3E3 tN!f F sTM 'C_#rSS�c�A'C�9 L-►--If an LLC, list all member's names: VycNs FtfttL tj We-V R_EXX%0Q c L'rb��Srn1t.. ) 'C�Ma�CNc`t S• S'i1��$.) �h A'0.cvS 6• �`�1 h�AN�Iq, o � IOr'^ s try O j �' E-T'tl't'Cii:. If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for Information pertaining to footnotes and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if aroperty owner is di Brent 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 /S a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name:!'*" t-t-�-- ------------------- If an LLC list the member's names: ' XV\t1W*A �.S'(1 FF�E� j MMQWS �'• L-fowv 1 Page z of 7 \,t•� !4 N O\to, r-S'C'it t °F 'V094t-, •`-:i o WAS! �(►• ') rF-S"�'t!- aF ,�olkN Q• Ff4y��- r Virginia each 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 1 or affiliated business enti 2 relationship with the Property Owner: (Attach list if necessary) r 0 t 0%L.\- ASS or-A OM4 �t— Yv^,fA W u+:�tH.E+rT Go rw�y�+y C dwN�JD B`1 *Ct�E- L-`{eNs fly, f 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 (1) one business entity has a controlling ownership interest in the other business entity, (if) a controlling owner in one entity is also a controlling owner in the other entity, or (ill) there Is shared management or control between the business entities. Factors that should be considered In determining the existence of an affiliated business entity relationship Include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va.Code § 2.2-3101 SECTION 3. SERVICES DISCLOSURE Are an of the following services being i Y g g 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 i SEPERATELY Page 3 of 7 tat c? APPLICANT Virginia Beech [-YES NO ( SERVICE PROVIDER (use additional sheets if' l�_.�.__ needed) FEl Accounting and/or preparer of � 1 your tax return Nokf oL - V41ui4t OArchitect/ Landscape Architect/ t W.SU gnuLand Planner C-11.0 v�wUs.+tt u. El11"t!s<i Contract Purchaser(if other than ElEl the A{t lin cant) - identify purchaser and purchaser's service providers Any other pending or proposed Elpurchaser of the subject property El (identify purchaser(s)and purchaser's service providers) Construction Contractors Engineers/Surveyors/Agents Financing (include current WkA* %b **3 1 Sv P ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) wo BE Legal Services V F i` 4 Qe!►fltit��'►� Real Estate Brokers / S�lKts ti �fl� �N Etw+►w0 Agents/Realtors for current and % *f 1� � t V A0 El w*bs�► anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 I cvr 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 A lication. APPLICANT'S GNATURE PRINT NAME DATE '. I i Page 5 of 7 i OWNER vuginia Bea YES NO SERVICE I IVIPRODER(use additional sheets if needed) El ❑ Accounting and/or preparer of +� Na0.� I VA your tax return 1FEv�Nfmcflvs f El Architect/Landscape Architect/ L I MSA, Land Planner *141 Contract Purchaser(if other than ❑ ❑ the Applicant) -Identify purchaser and purchaser's service providers Any other pending or proposed ❑ Elpurchaser of the subject property (identify purchaser(s) and purchaser's service providers) ❑ ❑ Construction Contractors ❑ ❑ Engineers/Surveyors/Agents Financing (include current ww1E aA - 0 Fbt. ❑ mortgage holders and lenders selected or being considered to �,� � MO��trN t S�►P provide financing for acquisition or construction of the property) ra t PC - FLU*% ❑ Legal Services tp ,�_� sy Real Estate Estate Brokers / '��`b �b�++rwkw 6w�1►vN El ❑ Agents/Realtors for current and anticipated future sales of the subject propert 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 6 of 7 .: 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, 1 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. PROPERTY OWNER'S SIGNATURE PRINT NAME DATE V•l' MAJSMF I 3 l ! Page 7 of 7 i i Virginia fi� APPLICANT'S NAME Crestline Hotels & Resorts, 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 Compliance, Special Investment Program Nonconforming Use Exception for (EDIP) Changes Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board The disclosures contained In this form) are necessary to Inform Public officials who may vote on the application as to whether they have a conflict of Interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page 1 of 7 Planning,Commission and City Council meetinq that ijertains to the a; plication(s). APPLICANT NOTIFIED OF HEARING DATE: j NO CHANGES AS OF DATE: REVISIONS SUBMITTED DATE: e ) e i Check here if the APPLICANT _1S NOT a corporation, pa ersb irm, 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:Crestline Hotels & Resorts, LLC If an LLC, list all member's names: Barcelo Crestline Corporation, sole member If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) N/A See next page for information pertaining to footnotes and 2 4 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. Check here if the PROPERTY OWNER 15 NOT a corporation, partnership, firm, business, or other unincorporated organization. ® Check here if the PROPERTY OWNER 1S a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name:Apple Eight Hospitality Ownershir If an LLC, list the member's names: Page 2 of 7 .. .. Virginia Bea If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) Matthew Rash, President Rachel Labrecque, Vice President, Treasurer and Secretary (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity z relationship with the Property Owner: (Attach list if necessary) Apple Eight Hospitality Management, Inc., an affiliated entity and operating lessee of the property 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. z "Affiliated business entity relationship" means "a relationship, other than p, parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Propertv. 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 7 } a 4 APPLICANT vuZininBeac ,�--- YES FNO SERVICE PROVIDER (use additional sheets if needed) ® 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 ❑ © purchaser of the subject property (identify purchaser(s) and purchaser's service providers) Construction Contractors aEngineers /Surveyors/Agents Financing (include current ❑ © mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) © Legal Services Real Estate Brokers / © Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ ® an Interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 ............. ................ ............ *VB 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 Sc 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 A lication. Christopher Thiele, VP of Operati APPLICANT SIGNATURE PRINT NAME DATE Page 5 of 7 OWNER ---- YES FO SERVICE7711 PROVIDER ( sheets it needed) El ® Accounting and/or preparer of your tax return ® Architect/Landscape Architect/ Land Planner ❑ ® Contract Purchaser(if other than the Aoolicant)-identify purchaser and purchaser's service providers Any other pending or proposed ® purchaser of the subject property (identify purchaser(s)and purchaser's service providers) ® Construction Contractors ® Engineers/Surveyors/Agents Financing (include current ® mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ® Legal Services Real Estate Brokers / ® Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development El ® 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 6 of 7 r ..' :.}n k.-f.�.��:-. y �'C �1� - rw�� rt�' .>i+' ,."t•.•• aL:3mru.. rt�� �Tr + �i .�. f 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 AmAlcation. Matthew Rash, President PROPERTY OWNER'S SIGNATURE PRINT NAME DATE i I i F E a t I Page 7 of 7 J. FORMAL SESSION AGENDA 1. CONSENT AGENDA K. ORDINANCES/RESOLUTION 1. Resolution to PROVIDE for the issuance and sale of Storm Water Utility Revenue Bonds, Series 2025, in a maximum principal amount of $90-Million, and PROVIDE for the form, detail and payments thereof to finance the cost of improvements to the Stormwater Utility System and AUTHORIZE the execution and delivery of document certain related documents 2. Ordinance to AUTHORIZE temporary encroachments into an 80' City-Owned drainage and canal easement and into a 5' City-Owned drainage and utility easement located at the rear of 1832 Duke of York Quay re maintain an existing brick paver walkway and an existing variable width floating dock, and construct and maintain a bulkhead with wood plies, wharf, wood dock and boathouse DISTRICT 8 3. Ordinance to ACCEPT and APPROPRIATE $555,750 from the Virginia Department of Environmental Quality to the FY 2024-25 Capital Improvement Program to Capital Project#100391, "Southern Rivers Watershed" re implementation of water quality improvement projects 4. Ordinance re membership of the Active Transportation Advisory Committee (Requested by the Active Transportation Advisory Committee) 5. Ordinance re membership of the Advertising Advisory Committee (Requested by City Council) 6. Ordinance to AMEND City Code Section 2-469 re membership of the Audit Committee (Requested by City Council) 7. Ordinance to AMEND the membership of the Bayfront Advisory Commission (Requested by City Council) 8. Ordinance to AMEND City Code Section 6-162 re membership of the Beaches and Waterways Advisory Commission (Requested by the Beaches and Waterways Advisory Commission) 9. Ordinance re membership of the Community Organization Grant Review and Allocation Committee (Requested by City Council) 10. Ordinance to AMEND City Code Section 2-122 re membership of the Deferred Compensation Board (Requested by City Council) 11. Ordinance re membership of the Green Ribbon Committee (Requested by City Council) 12. Ordinance to AMEND City Code Section 16-54 re membership of the Housing Advisory Board (Requested by City Council) 13. Ordinance re Chair of the Military Economic Development Advisory Committee (Requested by Military Economic Development Advisory Committee) 14. Ordinance to AMEND City Code Section 2-6 re membership of the Resort Advisory Commission (Requested by Mayor Dyer, Vice Mayor Wilson, and Council Member Remick) 15. Ordinance re membership of the Transition Area/Interfacility Traffic Area Citizens Advisory Committee (Requested by City Council) 16. Ordinance re membership of the Virginia Beach Cannabis Advisory Task Force (Requested by City Council) WU'�' CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Resolution of the Council of the City of Virginia Beach, Virginia, to Provide for the Issuance and Sale of Storm Water Utility Revenue Bonds, Series 2025, in a Maximum Aggregate Principal Amount of $90,000,000, Providing for the Form, Details and Payment Thereof to Finance the Cost of Improvements to the City's Stormwater Utility System and Authorizing the Execution and Delivery of Certain Related Documents MEETING DATE: March 18, 2025 ■ Background: In accordance with the City's Capital Improvement Program, the City Council periodically authorizes the issuance of storm water utility revenue bonds to finance certain capital improvements for the Stormwater Utility system. The Department of Finance, in conjunction with the Department of Public Works, has identified the need for such action and, with the Office of the City Attorney, has developed a financing plan that includes storm water utility revenue bonds to take advantage of favorable market rates. This sale will not exceed $90 million, utilizing previous Council storm water revenue bond authorizations from 2018 through 2021. ■ Considerations: The enclosed resolution provides for the issuance and sale of the 2025 Series of storm water utility revenue bonds. The resolution provides for the distribution of the Preliminary Official Statement (POS) along with other necessary actions. The resolution also amends the Agreement of Trust to provide for the 2025 series of bonds. Staff in the City's Department of Public Works, who manage the Stormwater Utility Enterprise Fund, have concluded that the existing stormwater rates and charges are sufficient to support the debt service costs on the 2025 bonds. The bond sale is scheduled for May 1st. The overall interest rate (true interest cost) for the series will not exceed 5.5% per year (taking into account any original issue discount or premium). The final maturities will be no later than the year 2049 for the new money bonds and will be sold at a price not less than 100% of the aggregate principal amount thereof. The results of the sale will be provided to the City Council. After today's Council action, no further vote of the Council will be necessary for this transaction. ■ Public Information: Public information will be handled through the normal Council agenda process. Additionally, the resolution authorizes a distribution of the Preliminary Official Statement for marketing purposes. ■ Recommendations: Adopt the attached resolution. ■ Attachments: Resolution; Draft of Sixth Supplemental Agreement of Trust; Draft Continuing Disclosure Agreement; Draft Notice of Sale Recommended Action: Approval Submitting Department/Agency: Department of Finance City Manager: fV RESOLUTION OF THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, TO PROVIDE FOR THE ISSUANCE AND SALE OF STORM WATER UTILITY REVENUE BONDS, SERIES 2025, IN A MAXIMUM AGGREGATE PRINCIPAL AMOUNT OF $90,000,000, PROVIDING FOR THE FORM, DETAILS AND PAYMENT THEREOF TO FINANCE IMPROVEMENTS TO THE CITY'S STORMWATER UTILITY SYSTEM AND AUTHORIZING THE EXECUTION AND DELIVERY OF CERTAIN RELATED DOCUMENTS WHEREAS, the Council (the "Council") of the City of Virginia Beach, Virginia (the "City"), has been advised that it would be advantageous for the City to issue its storm water utility revenue bonds to finance the costs of improvements and extensions to its stormwater utility system(the"System"); WHEREAS, the Council has previously adopted ordinances authorizing the City's issuance of storm water utility revenue bonds in principal amounts sufficient to permit the issuance of$90,000,000 in principal amount of such bonds; WHEREAS, based upon premises described above, the Council has determined that it is desirable and in the best interests of the City to undertake the issuance of $90,000,000 in maximum aggregate principal amount of its storm water utility revenue bonds; and WHEREAS, there have been presented to this meeting or otherwise made available the following documents and draft documents in connection with the undertaking of the above- described financing and refinancing and the issuance and sale of such bonds: (a) Agreement of Trust dated as of January 1, 2000, between the City and U.S. Bank Trust Company, National Association (as successor to First Union National Bank), as trustee (the "Trustee"), as previously amended and supplemented(the "Master Agreement of Trust"); (b) Draft of Sixth Supplemental Agreement of Trust dated as of May 1, 2025, between the City and the Trustee (the "Sixth Supplemental Agreement" and, together with the Master Agreement of Trust, the "Agreement of Trust"), pursuant to which such bonds will be issued, and including the forms of such bonds as an exhibit thereto; (c) Draft of Notice of Sale to be dated on or about April 24, 2025, to advertise such storm water utility revenue bonds for sale (the"Notice of Sale"); (d) Draft of Preliminary Official Statement to be dated on or about April 24, 2025 (the"Preliminary Official Statement"), relating to the public offering of such bonds; and 1 (e) Draft of Continuing Disclosure Agreement dated as of May 1, 2025 (the "Continuing Disclosure Agreement"), pursuant to which the City will agree to undertake continuing disclosure obligations pursuant to Securities and Exchange Commission Rule 15c2-12, as amended (the "Rule"), for the benefit of the holders of such bonds. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. Authorization of Bonds and Use of Proceeds. The City hereby authorizes the issuance and sale of its storm water utility revenue bonds in an aggregate principal amount not to exceed $90,000,000 (the "Bonds"), in one or more series, pursuant to the Constitution and statutes of the Commonwealth of Virginia, including the City Charter and the Public Finance Act of 1991, as amended, to finance the costs of improvements and extensions to the System. 2. Sixth Supplemental Agreement. The City Manager is hereby authorized and directed to execute and deliver the Sixth Supplemental Agreement, which shall be in substantially the form presented to this meeting, which is hereby approved, with such completions, omissions, insertions, and changes not inconsistent with this Resolution as the City Manager may approve. The execution of the Sixth Supplemental Agreement by the City Manager shall constitute conclusive evidence of his approval of any such completions, omissions, insertions, and changes. 3. Bond Details. The Bonds shall be dated the date determined by the City Manager, shall be in registered form, in denominations of $5,000 and multiples thereof, and shall be numbered R-1 upward. Each Bond shall bear interest at such rate as shall be determined at the time of sale, payable semiannually on dates determined by the City Manager, calculated on the basis of a 360-day year of twelve 30-day months. The Council authorizes the issuance and sale of the Bonds in such principal amounts and upon such terms as shall be determined by the City Manager provided that the Bonds shall (a) have a true interest cost not exceeding 5.50% per year (taking into account any original issue discount or premium), (b) have a final maturity no later than the year 2050, (c) be sold at a price not less than 100% of the aggregate principal amount thereof, and (d) be in an aggregate principal amount not exceeding$90,000,000. 4. Preparation and Delivery of the Bonds. The Mayor is hereby authorized and directed to execute the Bonds by manual or facsimile signature, the City Clerk is hereby authorized and directed to countersign the Bonds and affix the seal of the City thereto or cause a facsimile thereof to be printed thereon, and the officers of the City are hereby authorized and directed to deliver the Bonds to the Registrar (as defined in the Agreement of Trust) for authentication and delivery to the purchaser. 5. Pledge of Security. The Bonds shall be limited obligations of the City, payable solely from Pledged Revenues (as defined in the Agreement of Trust) and the funds created by the Agreement of Trust and pledged to the payment of the Bonds, and nothing in the Bonds or 2 the Agreement of Trust shall be deemed to create or constitute an indebtedness or pledge of the full faith and credit of the Commonwealth of Virginia or any political subdivision thereof, including the City. 6. Sale of Bonds. The City Manager is authorized to determine the manner of sale of the Bonds, including through a competitive sale or a negotiated sale. If the manner of sale is competitive, the City Manager is (a) authorized and directed to take all proper steps to finalize and distribute, in accordance with standard practices of municipal securities, the Notice of Sale, which shall be in substantially the form presented to the City Council prior to this meeting, which is hereby approved, with such completions, omissions, insertions and changes as the City Manager may approve to the reflect the terms of the Bonds determined in accordance with this Resolution, and (b) to receive bids for the Bonds and to award the Bonds to the bidder providing the lowest true interest cost, subject to the limitations set forth in Section 3 of this Resolution. If manner of sale is negotiated, the City Manager is authorized to execute and deliver a bond purchase agreement with an underwriter or group of underwriters selected by the City Manager, providing for the sale and delivery of the Bonds. The actions of the City Manager in selling the Bonds by competitive sale or negotiated sale shall be conclusive, and no further action with respect to the sale and issuance of the Bonds shall be necessary on the part of the Council. 7. Official Statement. The City Manager is hereby authorized and directed to approve the distribution of the Preliminary Official Statement to potential purchasers of the Bonds with such completions, omissions, insertions and other changes not inconsistent with this Resolution as the City Manager, in collaboration with Butler Snow LLP, as bond counsel for the Bonds ("Bond Counsel"), may consider appropriate to complete it as an official statement in final form. The City Manager is authorized, on behalf of the City, to deem the Preliminary Official Statement and the final Official Statement to be "final" as of their dates within the meaning of the Rule, except for the omission from the Preliminary Official Statement of certain pricing and other information permitted to be omitted pursuant to the Rule. The City Manager is further authorized, on behalf of the City, to execute the final Official Statement. The distribution of the Preliminary Official Statement and the execution of the final Official Statement by the City Manager shall be conclusive evidence that each has been approved and deemed final. 8. Continuing Disclosure. The City Manager is hereby authorized and directed to execute and deliver the Continuing Disclosure Agreement, which shall be in substantially the form presented to the City Council prior to this meeting, which is hereby approved, with such completions, omissions, insertions and changes not inconsistent with this Resolution as the City Manager may approve. The execution of the Continuing Disclosure Agreement by the City Manager shall constitute conclusive evidence of his approval of any such completions, omissions, insertions and changes. 9. Non-Arbitrage Certificate and Elections. Such officers of the City as may be requested by Bond Counsel are authorized and directed to (a) execute appropriate certificates setting forth the expected use and investment of the proceeds of the Bonds to show that such expected use and investment will not violate the provisions of Section 148 of the Code, and the regulations thereunder, applicable to "arbitrage bonds," (b) make any elections that such officers deem desirable, in consultation with Bond Counsel, regarding any provision requiring rebate to the United States of"arbitrage profits" earned on investment of proceeds of the Bonds, and (c) 3 file Internal Revenue Service Form 8038-G. The foregoing shall be subject to the advice, approval and direction of Bond Counsel. 10. Further Actions. All other actions of officers of the City that are in conformity with the purposes and intent of this Resolution and in furtherance of the issuance and sale of the Bonds, and the plan of financing and refinancing related thereto, are hereby approved and ratified. The officers of the City are authorized and directed to execute and deliver such further certificates and instruments and to take all such further actions as may be considered necessary or desirable in connection with the issuance, sale and delivery of the Bonds. 11. Effective Date. This Resolution shall take effect immediately. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: / J Finance Department ity Attorney's Office CA-16826 R-1 March 6, 2025 4 CONTINUING DISCLOSURE AGREEMENT This CONTINUING DISCLOSURE AGREEMENT dated as of May _, 2025 (the "Disclosure Agreement"), is executed and delivered by the City of Virginia Beach, Virginia (the "City"), in connection with the issuance by the City of its $ Storm Water Utility Revenue Bonds, Series 2025 (the "Bonds"). The City hereby covenants and agrees as follows: Section 1. Purpose. This Disclosure Agreement is being executed and delivered by the City for the benefit of the holders of the Bonds and in order to assist the original purchasers of the Bonds in complying with the provisions of Section (b)(5)(i) of Rule 15c2-12, as amended (the "Rule"), promulgated by the Securities and Exchange Commission (the "SEC") by providing certain annual financial information and event notices required by the Rule (collectively, the "Continuing Disclosure"). Section 2. Annual Disclosure. (a) The City shall provide annually certain financial information and operating data in accordance with the provisions of Section (b)(5)(i) of the Rule as follows: (i) audited financial statements of the City's Stormwater Enterprise Fund,prepared in accordance with generally accepted accounting principles; and (ii) operating data with respect to the City's stormwater disposal system of the type described in the City's Official Statement dated May_,2025, in the tables set forth under the captions "Stormwater Utility Fees" and "Calculation of Revenue Covenant." If the financial statements filed pursuant to Section 2(a)(i) are not audited, the City shall file such statements as audited when available. (b) The City shall file annually with the Municipal Securities Rulemaking Board (the "MSRB") the financial information and operating data described in subsection (a) above (collectively, the "Annual Disclosure") within 180 days after the end of the City's fiscal year, commencing with the City's fiscal year ending June 30, 2025. (c) Any Annual Disclosure may be included by specific reference to other documents previously provided to the MSRB or filed with the SEC; provided,however,that any final official statement incorporated by reference must be available from the MSRB. (d) The City shall file with the MSRB in a timely manner notice specifying any failure of the City to provide the Annual Disclosure by the date specified. Section 3. Event Disclosure. The City shall file with the MSRB in a timely manner not in excess of ten (10) business days after the occurrence of the event, notice of the occurrence of any of the following events with respect to the Bonds: (a) principal and interest payment delinquencies; (b) non-payment related defaults, if material; (c) unscheduled draws on debt service reserves reflecting financial difficulties; (d) unscheduled draws on any credit enhancement reflecting financial difficulties; (e) substitution of credit or liquidity providers, or their failure to perform; (f) adverse tax opinions, the issuance by the Internal Revenue Service of proposed or final determinations of taxability, Notices of Proposed Issue (IRS Form 5701-TEB) or other material notices or determinations with respect to the tax status of the Bonds, or other material events affecting the tax status of the Bonds; (g) modifications to rights of Bondholders, if material; (h) bond calls, if material, and tender offers; (i) defeasance of all or any portion of the Bonds; 0) release, substitution, or sale of property securing repayment of the Bonds, if material; (k) rating changes; (1) bankruptcy, insolvency, receivership or similar event of the City; Note to paragraph (1): For the purposes of the event identified in paragraph (1), the event is considered to occur when any of the following occur: The appointment of a receiver, fiscal agent or similar officer for an obligated person in proceeding under the U.S. Bankruptcy Code or in any other proceeding under state or federal law in which a court or governmental authority has assumed jurisdiction over substantially all of the assets or business of the obligated person, or if such jurisdiction has been assumed by leaving the existing governing body and officials or officers in possession but subject to the supervision and orders of a court or governmental authority, or the entry of an order confirming a plan of reorganization, arrangement or liquidation by a court or governmental authority having supervision or jurisdiction over substantially all of the assets or business of the obligated person. (m) the consummation of a merger, consolidation, or acquisition involving the City or the sale of all or substantially all of the assets of the City, other than in the ordinary course of business, the entry into a definitive agreement to undertake such an action or the termination of a definitive agreement relating to any such actions, other than pursuant to its terms, if material; (n) appointment of a successor or additional trustee or the change of name of a trustee, if material; (o) incurrence of a financial obligation of the City, if material, or agreement to covenants, events of default, remedies, priority rights, or other similar terms of a financial obligation of the City, any of which affect security holders, if material; and 2 (p) default, event of acceleration, termination event, modification of terms, or other similar events under the terms of the financial obligation of the City, any of which reflect financial difficulties. Note to paragraph (p): The term "financial obligation" means a(i) debt obligation; (ii) derivative instrument entered into in connection with, or pledged as security or source of payment for, an existing or planned debt obligation; or(iii) guarantee of(i) or(ii). The term "financial obligation" shall not include municipal securities as to which a final official statement has been provided to the MSRB consistent with the Rule. Section 4. Termination. The obligations of the City hereunder will terminate upon the redemption, defeasance(within the meaning of the Rule) or payment in full of all the Bonds. Section 5. Amendment. The City may modify its obligations hereunder without the consent of Bondholders, provided that this Disclosure Agreement as so modified complies is supported by an opinion of independent counsel with expertise in federal securities laws to the effect that such amendment complies with or does not violate the Rule as it exists at the time of modification.. The City shall within a reasonable time thereafter file with the MSRB a description of such modification(s). Section 6. Defaults. (a) If the City fails to comply with any covenant or obligation regarding Continuing Disclosure specified in this Disclosure Agreement, any holder(within the meaning of the Rule) or beneficial holder of Bonds then outstanding may, by notice to the City, proceed to protect and enforce its rights and the rights of the holders by an action for specific performance of the City's covenant to provide the Continuing Disclosure. (b) Notwithstanding anything herein to the contrary, any failure of the City to comply with any obligation regarding Continuing Disclosure specified in this Disclosure Agreement (i) shall not be deemed to constitute an event of default under the Bonds or the resolution providing for the issuance of the Bonds and (ii) shall not give rise to any right or remedy other than that described in Section 6(a) above. Section 7. Filing Method. Any filing required hereunder shall be made by transmitting such disclosure,notice or other information in electronic format to the MSRB through the MSRB's Electronic Municipal Market Access (EMMA) system pursuant to procedures promulgated by the MSRB. Section 8. Additional Disclosure. The City may from time to time disclose certain information and data in addition to the Continuing Disclosure. Notwithstanding anything herein to the contrary, the City shall not incur any obligation to continue to provide, or to update, such additional information or data. Section 9. Counterparts. This Disclosure Agreement may be executed in several counterparts each of which shall be an original and all of which shall constitute but one and the same instrument. 3 Section 10. Governing Law. This Disclosure Agreement shall be construed and enforced in accordance with the laws of the Commonwealth of Virginia. CITY OF VIRGINIA BEACH, VIRGINIA By: City Manager, City of Virginia Beach, Virginia 4 CERTIFICATE The undersigned Clerk of the City Council (the "Council") of the City of Virginia Beach, Virginia(the"City"), hereby certifies that: 1. A meeting of the Council was duly called and held on March 18, 2025 (the "Meeting"), at which a quorum was present and acting at all times. 2 Attached hereto is a true, correct and complete copy of a resolution (the "Resolution") of the Council entitled "Resolution of the Council of the City of Virginia Beach, Virginia, to Provide for the Issuance and Sale of Storm Water Utility Revenue Bonds, Series 2025, in a Maximum Aggregate Principal Amount of $90,000,000, Providing for the Form, Details and Payment Thereof, to Finance Improvements to the City's Stormwater Utility System and Authorizing the Execution and Delivery of Certain Related Documents," as recorded in full in the minutes of the Meeting and duly adopted by a majority of all members of the Council. 3. A summary of the members of the Council present or absent at the Meeting, and the recorded vote with respect to the Resolution, is set forth below: Voting Member Name Present Absent Yes No Abstaining Robert M. Dyer, Mayor Rosemary Wilson,Vice Mayor Michael F. Berlucchi Stacy Cummings Barbara M. Henley David Hutcheson Cal Jackson-Green Robert W. Remick Dr. Amelia Ross-Hammond Jennifer V. Rouse Joashua F. Schulman 4. The Resolution has not been repealed, revoked, rescinded or amended, and is in full force and effect on the date hereof. WITNESS MY HAND and the seal of the City of Virginia Beach, Virginia, this day of March 2025. Clerk, Council of the (SEAL) City of Virginia Beach, Virginia 5 SIXTH SUPPLEMENTAL AGREEMENT OF TRUST between CITY OF VIRGINIA BEACH, VIRGINIA and U.S. BANK TRUST COMPANY,NATIONAL ASSOCIATION, as Trustee Dated as of May 1, 2025 TABLE OF CONTENTS ARTICLE I SIXTH SUPPLEMENTAL AGREEMENT Section 6.101. Authorization of Sixth Supplemental Agreement...................................................I Section6.102. Definitions...............................................................................................................2 Section 6.103. Reference to Articles and Sections.........................................................................3 ARTICLE II AUTHORIZATION, DETAILS AND FORM OF SERIES 2025 BONDS Section 6.201. Authorization of Series 2025 Bonds.......................................................................3 Section 6.202. Details of Series 2025 Bonds..................................................................................3 Section 6.203. Form of Series 2025 Bonds.....................................................................................4 Section 6.206. Securities Depository Provisions............................................................................4 Section6.205. Registrar..................................................................................................................5 Section 6.206. Delivery of Series 2025 Bonds...............................................................................5 ARTICLE III REDEMPTION OF SERIES 2025 BONDS Section 6.301. Redemption Dates and Prices.................................................................................5 Section 6.302. Selection of Series 2025 Bonds for Redemption....................................................5 Section 6.303. Notice of Redemption.............................................................................................6 ARTICLE IV APPLICATION OF PROCEEDS OF SERIES 2025 BONDS Section 6.401. Application of Proceeds of Series 2025 Bonds and Related Amounts...................6 ARTICLE V PROJECT ACCOUNT Section 6.501. 2025 Project Account..............................................................................................6 ARTICLE VI SECURITY FOR SERIES 2025 BONDS Section 6.601. Security for Series 2025 Bonds...............................................................................7 ARTICLE VII ARBITRAGE REBATE FUND Section 6.701. Rebate Requirement................................................................................................7 Section 6.702. Calculation and Payment of Series 2025 Rebate Obligation..................................7 Section 6.703. Reports by Trustee..................................................................................................8 i ARTICLE VIII MISCELLANEOUS Section 6.801. Limitations on Use of Proceeds..............................................................................8 Section 6.802. Limitation of Rights................................................................................................9 Section6.803. Severability.............................................................................................................9 Section 6.806. Successors and Assigns.........................................................................................10 Section6.805. Applicable Law.....................................................................................................10 Section6.806. Counterparts..........................................................................................................10 Section 6.807. Patriot Act Disclosure...........................................................................................10 Exhibit A-1 Form of Series 2025 Bond ii THIS SIXTH SUPPLEMENTAL AGREEMENT OF TRUST dated as May 1, 2025 (the "Sixth Supplemental Agreement"), by and between the City of Virginia Beach, Virginia, a political subdivision of the Commonwealth of Virginia (the "City"), and U.S. Bank Trust Company, National Association, Richmond, Virginia, a national banking association organized under the laws of the United States of America, with a corporate trust office in Richmond, Virginia, as successor trustee (in such capacity, together with any successor in such capacity, herein called the"Trustee"), provides: WHEREAS, the City and First Union National Bank entered into an Agreement of Trust dated as of January 1, 2000 (the "Agreement of Trust"), to provide for financing the acquisition, construction or equipping of storm water facilities of the System (as defined in the Agreement of Trust), including any improvements, extensions, additions, replacements, equipment and appurtenances to or for the benefit of the System, by the issuance of bonds payable solely from Pledged Revenues (as defined in the Agreement of Trust); WHEREAS, within the limitations of and in compliance with the Agreement of Trust, the City previously issued the Parity Obligations (as hereinafter defined); WHEREAS, within the limitations of and in compliance with the Agreement of Trust, pursuant to this Sixth Supplemental Agreement the City will issue additional Bonds under the Agreement of Trust in the aggregate principal amount of $ , namely the City's $ Storm Water Utility Revenue Bonds, Series 2025 (the "Series 2025 Bonds"), to finance costs of improvements and expansions to the System and to pay costs associated with issuing the Series 2025 Bonds; and WHEREAS, the City has taken all necessary action to make the Series 2025 Bonds, when authenticated by the Trustee and issued by the City, valid and binding limited obligations of the City and to constitute this Sixth Supplemental Agreement a valid and binding agreement authorizing and providing for the details of the Series 2025 Bonds; NOW THEREFORE, in consideration of the premises and the mutual covenants and agreements hereinafter contained, the parties hereto agree, as follows: ARTICLE I SIXTH SUPPLEMENTAL AGREEMENT Section 6.101. Authorization of Sixth Supplemental Agreement. This Sixth Supplemental Agreement is authorized and executed by the City and delivered to the Trustee pursuant to and in accordance with Articles III and XII of the Agreement of Trust. All terms, covenants, conditions and agreements of the Agreement of Trust shall apply with full force and effect to the Series 2025 Bonds and to the holders thereof, except as otherwise provided in this Sixth Supplemental Agreement. 1 Section 6.102. Definitions. Except as otherwise amended or defined in this Sixth Supplemental Agreement, terms defined in the Agreement of Trust are used in this Sixth Supplemental Agreement with the meanings assigned to them in the Agreement of Trust. In addition, the following words as used in this Sixth Supplemental Agreement shall have the following meanings unless a different meaning clearly appears from the context: "2025 Project" shall mean improvements to and expansions of the System financed with the proceeds of the Series 2025 Bonds. "Letter of Representations" shall mean the Blanket Letter of Representations dated June 17, 1996, from the City to the Securities Depository and any amendments thereto or successor agreements between the City and any successor Securities Depository, relating to a book-entry system to be maintained by the Securities Depository with respect to the Bonds. Notwithstanding any provision of the Agreement of Trust, including Article XII regarding amendments, the Trustee may enter into any such amendment or successor agreement without the consent of Bondholders. "Rebate Amount Certificate" shall have the meaning set forth in Section 6.702. "Registrar" shall mean U.S. Bank Trust Company, National Association, or any successors serving as such hereunder. "Securities Depository" shall mean The Depository Trust Company, a corporation organized and existing under the laws of the State of New York, and any other securities depository for the Series 2025 Bonds appointed pursuant to Section 6.204, and their successors. "Parity Obligations" shall mean obligations issued under the Agreement of Trust that are payable on a parity basis solely from the Pledged Revenues as defined in the Agreement of Trust, including, without limitation, the City's currently outstanding (i) Storm Water Utility Revenue Bonds, Series 2015, (ii) Storm Water Utility Revenue Bonds, Series 2019, (iii) Storm Water Utility Revenue Bonds, Series 2020A, and (iv) Storm Water Utility Refunding Revenue Bonds, Series 2020B. "Series 2025 Bonds" shall mean the City's $ Storm Water Utility Revenue Bonds, Series 2025, authorized to be issued pursuant to this Sixth Supplemental Agreement. "Sixth Supplemental Agreement" shall mean this Sixth Supplemental Agreement of Trust between the City and the Trustee, which further supplements and amends the Agreement of Trust, as amended. 2 Section 6.103. Reference to Articles and Sections. Unless otherwise indicated, all references herein to particular articles or sections are references to articles or sections of this Sixth Supplemental Agreement. ARTICLE 11 AUTHORIZATION, DETAILS AND FORM OF SERIES 2025 BONDS Section 6.201. Authorization of Series 2025 Bonds. There are hereby authorized to be issued the Series 2025 Bonds in the aggregate principal amount of $ to finance the Cost of the 2025 Project, which is hereby authorized. The Series 2025 Bonds shall be issued pursuant to the Agreement of Trust and this Sixth Supplemental Agreement. Section 6.202. Details of Series 2025 Bonds. The Series 2025 Bonds shall be designated "Storm Water Utility Revenue Bonds, Series 2025" shall be dated the date of their issuance and delivery, shall be issuable only as fully registered bonds in denominations of $5,000 and multiples thereof, shall be numbered R-1 upward and shall bear interest at the rates, payable semiannually on May 15 and November 15, beginning November 15, 2025, until their final payment or maturity, and shall mature on November 15 in the years and the amounts, set forth as follows: Maturity Principal Interest Maturity Principal Interest (Nov. 15) Amount Rate (Nov. 15) Amount Rate 2025 $ % 2038 $ % 2026 2039 2027 2040 2028 2041 2029 2042 2030 2043 2031 2044 2032 2045 2033 2046 2034 2047 2035 2048 2036 2049 2037 Each Series 2025 Bond shall bear interest (a) from its date, if such Series 2025 Bond is authenticated prior to the first interest payment date, or (b) otherwise from the interest payment date that is, or immediately precedes, the date on which such Series 2025 Bond is authenticated; provided, however, that if at the time of authentication of any Series 2025 Bond payment of 3 interest is in default, such Series 2025 Bond shall bear interest from the date to which interest has been paid. Principal of and premium, if any, on the Series 2025 Bonds shall be payable to the registered owners upon the surrender of Series 2025 Bonds at the office of the Registrar. Interest on the Series 2025 Bonds shall be payable by check or draft mailed to the registered owners at their addresses as they appear on the registration books kept by the Registrar on the first day of the month that the interest payment date occurs; provided, however, if the Series 2025 Bonds are registered in the name of a Securities Depository or its nominee as registered owner or at the option of a registered owner of at least $1,000,000 of Series 2025 Bonds, payment shall be made by wire transfer pursuant to the wire instructions received by the Registrar from such registered owner. Principal, premium, if any, and interest shall be payable in lawful money of the United States of America. Section 6.203. Form of Series 2025 Bonds. The Series 2025 Bonds shall be in substantially the form set forth in Exhibit A, with such appropriate variations, omissions and insertions as are permitted or required by the Agreement of Trust and this Sixth Supplemental Agreement. Section 6.206. Securities Depository Provisions. Initially, one Series 2025 Bond certificate for each maturity of the Series 2025 Bonds will be issued and registered to the Securities Depository, or its nominee. The City has entered into a Letter of Representations relating to a book-entry system to be maintained by the Securities Depository with respect to the Series 2025 Bonds. In the event that (a) the Securities Depository determines not to continue to act as a securities depository for the Series 2025 Bonds by giving notice to the Registrar and the City discharging its responsibilities hereunder or (b) the City in its sole discretion determines (1) that beneficial owners of Series 2025 Bonds shall be able to obtain certificated Series 2025 Bonds or (2) to select a new Securities Depository, then the City shall attempt to locate another qualified securities depository to serve as Securities Depository or authenticate and deliver certificated Series 2025 Bonds to the beneficial owners or to the Securities Depository participants on behalf of beneficial owners substantially in the form set forth in Exhibit A; provided, however, that such form shall provide for interest on the Series 2025 Bonds to be payable (i) from its date, if it is authenticated prior to May 15, 2025, or(ii) otherwise from the May 15 or November 15 that is, or immediately precedes, the date on which it is authenticated (unless payment of interest thereon is in default, in which case interest on such Series 2025 Bonds shall be payable from the date to which interest has been paid). In delivering certificated Series 2025 Bonds, the Registrar shall be entitled to rely conclusively on the records of the Securities Depository as to the beneficial owners or the records of the Securities Depository participants acting on behalf of beneficial owners. Such certificated Series 2025 Bonds will be registrable, transferable and exchangeable as set forth in Section 204 of the Agreement of Trust. 4 So long as there is a Securities Depository for the Series 2025 Bonds(A) it or its nominee shall be the registered owner of the Series 2025 Bonds, (B) notwithstanding anything to the contrary in this Sixth Supplemental Agreement, determinations of persons entitled to payment of principal, premium, if any, and interest, transfers of ownership and exchanges, and receipt of notices shall be the responsibility of the Securities Depository and shall be effected pursuant to rules and procedures established by such Securities Depository, (C) the City and the Registrar shall not be responsible or liable for maintaining, supervising or reviewing the records maintained by the Securities Depository, its participants or persons acting through such participants, (D) references in this Sixth Supplemental Agreement to registered owners of the Series 2025 Bonds shall mean such Securities Depository or its nominee and shall not mean the beneficial owners of the Series 2025 Bonds and (E) in the event of any inconsistency between the provisions of this Sixth Supplemental Agreement, other than those set forth in this paragraph and the preceding paragraph, and the provisions of the Letter of Representations, such provisions of the Letter of Representations shall control. Section 6.205. Registrar. The selection of U.S. Bank Trust Company, National Association as Registrar is approved. Section 6.206. Delivery of Series 2025 Bonds. The Registrar shall authenticate and deliver the Series 2025 Bonds when there shall have been delivered to the Registrar a Request for Authentication stating that there have been filed with or delivered to the City Clerk all items required by Section 304 of the Agreement of Trust. ARTICLE III REDEMPTION OF SERIES 2025 BONDS Section 6.301. Redemption Dates and Prices. The Series 2025 Bonds may not be called for redemption by the City except as provided below: (a) Optional Redemption. Series 2025 Bonds maturing on or before November 15,2035, are not subject to optional redemption prior to their stated maturities. Series 2025 Bonds that mature on or after November 15, 2036, will be subject to redemption at the option of the City on or after November 15, 2035, in whole or in part at any time(in any multiple of$5,000), without premium, upon payment of the principal amount of the Series 2025 Bonds so redeemed plus interest accrued to the redemption date. Section 6.302. Selection of Series 2025 Bonds for Redemption. If less than all of the Series 2025 Bonds are called for redemption, the Series 2025 Bonds to be redeemed shall be selected by the City's Director of Finance in such a manner as he or she may determine to be in the best interest of the City. 5 If less than all of the Series 2025 Bonds of a particular maturity are called for redemption, the bonds to be redeemed shall be selected by DTC or any successor securities depository pursuant to its rules and procedures or, if the book-entry system is discontinued, by the Registrar by lot in such manner as the Registrar in its discretion may determine. The portion of any Series 2025 Bond to be redeemed shall be in a minimum principal amount of$5,000 or some multiple thereof. In selecting Series 2025 Bonds for redemption, each Series 2025 Bond shall be considered as representing that number of Series 2025 Bonds which is obtained by dividing the principal amount of such Series 2025 Bond by$5,000. If a portion of a Series 2025 Bond shall be called for redemption, a new Series 2025 Bond in principal amount equal to the unredeemed portion thereof shall be issued to the registered owner upon the surrender thereof. Section 6.303. Notice of Redemption. Notice of redemption of Series 2025 Bonds shall be given in the manner set forth in Section 402 of the Agreement of Trust. ARTICLE IV APPLICATION OF PROCEEDS OF SERIES 2025 BONDS Section 6.401. Annlication of Proceeds of Series 2025 Bonds and Related Amounts. [Proceeds of the Series 2025 Bonds in the amount of$ (consisting of the principal amount of $ , [plus][less] [net] original issue [premium][discount] of $ , minus an underwriting discount of$ ), including the $ good faith deposit received by the City on May_, 2025, and the $ in proceeds received by the City on May_, 2025, shall be deposited in the Series 2025 Project Account in the Construction Fund to be used to pay the Cost of the Project. The City shall deposit its own cash(not proceeds of the Series 2025 Bonds)in the amount of$ into the Debt Service Reserve Fund.] ARTICLE V PROJECT ACCOUNT Section 6.501. 2025 Project Account. There shall be established within the Construction Fund a special account entitled "2025 Project Account." The proceeds of the Series 2025 Bonds specified in Section 6.401 above shall be deposited in the 2025 Project Account and shall be used to pay Costs of the 2025 Project, including costs of issuance of the Series 2025 Bonds, as evidenced by the requisitions provided in accordance with the provisions of the Agreement of Trust. Any balance remaining in the 2025 Project Account upon completion of the 2025 Project shall be disposed of in accordance with the provisions of Section 504 of the Agreement of Trust. 6 ARTICLE VI SECURITY FOR SERIES 2025 BONDS Section 6.601. Security for Series 2025 Bonds. The Series 2025 Bonds shall be equally and ratably secured under the Agreement of Trust with the Outstanding Bonds of any other series issued pursuant to Article III of the Agreement of Trust, without preference,priority or distinction of any Bonds over any other Bonds, as provided in the Agreement of Trust, other than any Subordinate Debt. ARTICLE VII ARBITRAGE REBATE FUND Section 6.701. Rebate Requirement. Except with respect to earnings on funds and accounts qualifying for exceptions to the rebate requirement of Section 148 of the Code, the City shall pay the rebate obligations under the Code (the "Rebate Amount") to the United States of America, as and when due, in accordance with Section 148(f) of the Code, as provided in this Article, and shall retain records of all such determinations until six years after final payment of the Series 2025 Bonds. Section 6.702. Calculation and Payment of Series 2025 Rebate Obligation. (a) The City selects November 15 as the end of the bond year with respect to the Series 2025 Bonds pursuant to Treasury Regulations Section 1.148-1. (b) Within 30 days after the initial installment computation date, which is the last day of the fifth bond year (November 15, 2030), unless such date is changed by the City prior to the date that any amount with respect to the Series 2025 Bonds is paid or required to be paid to the United States of America as required by Section 148 of the Code, and at least once every five years thereafter, the City shall cause the Rebate Amount to be computed. Prior to any payment of the Rebate Amount to the United States of America as required by Section 148 of the Code, such computation (the "Rebate Amount Certificate") setting forth the Rebate Amount shall be prepared or approved by (1) a person with experience in matters of governmental accounting for Federal income tax purposes, (2) a bona fide arbitrage rebate calculation reporting service or (3) Bond Counsel. A copy of each such Rebate Amount Certificate shall be filed in the records of the City and with the Trustee. (c) No later than 60 days after the initial installment computation date, the City shall pay to the United States of America at least 90% of the Rebate Amount as set forth in the Rebate Amount Certificate prepared with respect to such installment computation date. At least once on or before 60 days after the installment computation date that is the fifth anniversary of the initial installment computation date and on or before 60 days every fifth anniversary date thereafter until final payment of the Series 2025 Bonds, the City shall pay to the United States of America not less than the amount, if any, by which 90% of the Rebate Amount set forth in the most recent Rebate Amount Certificate exceeds the aggregate of all such payments theretofore 7 made to the United States of America pursuant to this Section. On or before 60 days after final payment of the Series 2025 Bonds, the City shall pay to the United States of America the amount, if any, by which 100%of the Rebate Amount set forth in the Rebate Amount Certificate with respect to the date of final payment of the Series 2025 Bonds exceeds the aggregate of all payments theretofore made pursuant to this Section. All such payments shall be made from any legally available moneys of the City. (d) Notwithstanding any provision of this Article to the contrary, no such calculation or payment shall be made if the City receives and delivers to the Trustee an opinion of Bond Counsel to the effect that (1) such payment is not required under the Code in order to prevent the Series 2025 Bonds from becoming "arbitrage bonds" within the meaning of Section 148 of the Code or (2) such payment should be calculated and paid on some alternative basis under the Code, and the City complies with such alternative basis. Section 6.703. Reports by Trustee. The Trustee shall provide the City within 10 days after each November 15 and within 10 days after the final payment of the Series 2025 Bonds with such reports and information with respect to earnings of amounts held by it under the Agreement of Trust and this Sixth Supplemental Agreement as may be requested by the City in order to comply with the provisions of this Article. ARTICLE VIII MISCELLANEOUS Section 6.801. Limitations on Use of Proceeds. The City covenants with the holders of the Series 2025 Bonds as follows: (a) The Series 2025 Bonds, together with the Parity Obligations, are the only obligations that will be outstanding under the Agreement of Trust following the issuance of the Series 2025 Bonds. There are no Parity Double Barrel Bonds, Prior Bonds, Subordinate Double Barrel Bonds, or Subordinated Debt outstanding. (b) The City shall not take or omit to take any action or approve the Trustee's taking any action or making any investment or use of the proceeds of any Series 2025 Bonds (including failure to spend the same with due diligence) the taking or omission of which would cause any Parity Obligations to be "arbitrage bonds" within the meaning of Section 148 of the Code, including participating in any issue of obligations that would cause any Parity Obligations to be part of an "issue" of obligations that are arbitrage bonds, within the meaning of Treasury Regulations Section 1.148-10 or successor regulation, or otherwise cause interest on the Series 2025 Bonds or any other Parity Obligations to be includable in the gross income of the registered owners under existing law. Without limiting the generality of the foregoing, the City shall comply with any provision of law that may require the City at any time to rebate to the United States of America any part of the earnings derived from the investment of gross proceeds of the Series 2025 Bonds. 8 (b) Barring unforeseen circumstances, the City shall not approve the use of the proceeds from the sale of any Series 2025 Bonds otherwise than in accordance with the City's "non-arbitrage" certificate delivered immediately prior to the issuance of the Series 2025 Bonds. (c) The City shall not permit the proceeds of the Series 2025 Bonds to be used in any manner that would result in either(1) 5% or more of such proceeds or the facilities being financed or refinanced with such proceeds being considered as having been used in any trade or business carried on by any person other than a governmental unit as provided in Section 141(b) of the Code, (2) 5% or more of such proceeds or the facilities being financed or refinanced with such proceeds being used with respect to any "output facility" (other than a facility for the furnishing of water) within the meaning of Section 141(b)(4) of the Code, or (3) 5% or more of such proceeds or the facilities being financed or refinanced with such proceeds being considered as having been used directly or indirectly to make or finance loans to any person other than a governmental unit, as provided in Section 141(c)of the Code. (d) The City shall not take any other action that would adversely affect, and shall take all action within its power necessary to maintain, the exclusion of interest on all Series 2025 Bonds from gross income for Federal income taxation purposes; provided, however, that if the City receives an opinion of Bond Counsel that compliance with any such covenant is not required to prevent the interest on the Series 2025 Bonds from being includable in the gross income of the registered owners thereof under existing law, the City need not comply with such restriction. Section 6.802. Limitation of Rights. With the exception of rights herein expressly conferred, nothing expressed or mentioned in or to be implied from this Sixth Supplemental Agreement or the Series 2025 Bonds is intended or shall be construed to give to any person other than the parties hereto and the holders of Series 2025 Bonds any legal or equitable right, remedy or claim under or in respect to this Sixth Supplemental Agreement or any covenants, conditions and agreements herein contained since this Sixth Supplemental Agreement and all of the covenants, conditions and agreements hereof are intended to be and are for the sole and exclusive benefit of the parties hereto and the holders of Series 2025 Bonds as herein provided. Section 6.803. Severability. If any provision of this Sixth Supplemental Agreement shall be held invalid by any court of competent jurisdiction, such holding shall not invalidate any other provision hereof and this Sixth Supplemental Agreement shall be construed and enforced as if such illegal provision had not been contained herein. 9 Section 6.806. Successors and Assigns. This Sixth Supplemental Agreement shall be binding upon, inure to the benefit of and be enforceable by the parties and their respective successors and assigns. Section 6.805. Applicable Law. This Sixth Supplemental Agreement shall be governed by the applicable laws of the Commonwealth of Virginia. Section 6.806. Counterparts. This Sixth Supplemental Agreement may be executed in several counterparts, each of which shall be an original and all of which together shall constitute but one and the same instrument. Section 6.807. Patriot Act Disclosure. To help the government fight the funding of terrorism and money laundering activities, Federal law requires all financial institutions to obtain, verify and record information that identifies each person who opens an account. For a non-individual person such as a business entity, a charity, a trust or other legal entity, the Trustee will ask for documentation to verify its formation and existence as a legal entity. The Trustee may also ask to see financial statements, licenses, identification, and authorization documents from individuals claiming authority to represent the entity or other relevant documentation. [Signature Page Follows] 10 IN WITNESS WHEREOF, the City and the Trustee have caused this Sixth Supplemental Agreement to be executed in their respective corporate names as of the date first above written. CITY OF VIRGINIA BEACH, VIRGINIA By: City Manager U.S. BANK TRUST COMPANY,NATIONAL ASSOCIATION, as successor Trustee By: Authorized Officer S-1 EXHIBIT A Unless this certificate is presented by an authorized representative of The Depository Trust Company, a New York corporation("DTC"), to the issuer or its agent for registration of transfer, exchange, or payment, and any certificate is registered in the name of Cede & Co., or in such other name as is requested by an authorized representative of DTC (and any payment is made to Cede&Co. or to such other entity as is requested by an authorized representative of DTC), ANY TRANSFER, PLEDGE, OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL inasmuch as the registered owner hereof, Cede & Co., has an interest herein. REGISTERED REGISTERED R- $ UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH,VIRGINIA Storm Water Utility Revenue Bond Series 2025 Interest Rate Maturity Date Dated Date CUSIP %_ November 15, 20 May 2025 REGISTERED OWNER: CEDE&CO. PRINCIPAL AMOUNT: DOLLARS The City of Virginia Beach, Virginia(the "City"), for value received, hereby promises to pay upon surrender hereof solely from the source and as hereinafter provided, to the registered owner hereof, or registered assigns or legal representative, the principal sum stated above on the maturity date stated above, subject to prior redemption as hereinafter provided, and to pay, solely from such source, interest hereon semiannually on each May 15 and November 15, beginning November 15, 2025, at the annual rate stated above, calculated on the basis of a 360-day year of twelve 30-day months. Interest is payable (a) from the dated date stated above, if this bond is authenticated prior to May 15, 2025, or (b) otherwise from the May 15 or November 15 that is, or immediately precedes, the date on which this bond is authenticated (unless payment of interest hereon is in default, in which case this bond shall bear interest from the date to which interest has been paid). Interest is payable by check or draft mailed to the registered owner hereof at its address as it appears on the registration books kept by U.S. Bank Trust Company, National Association, which has been appointed paying agent and registrar (the "Registrar"), on the first day of the month that the interest payment date occurs; provided, however, that if the Bonds, as hereinafter defined, are registered in the name of a securities depository or its nominee as A-1 registered owner or at the option of a registered owner of at least $1,000,000 of Bonds, payment will be made by wire transfer pursuant to the most recent wire instructions received by the Registrar from such registered owner. Principal, premium, if any, and interest are payable in lawful money of the United States of America. Notwithstanding any other provision hereof, this bond is subject to book-entry form maintained by DTC, and the payment of principal,premium, if any, and interest, the providing of notices and other matters shall be made as described in the City's Letter of Representations to DTC. This bond is one of an issue of$ Storm Water Utility Revenue Bonds, Series 2025 (the "Bonds"), of like date and tenor, except as to number, denomination, rate of interest, privilege of redemption and maturity. The Bonds are issued under an Agreement of Trust dated as of January 1, 2000, between the City and U.S. Bank Trust Company, National Association, as successor trustee (the "Trustee"), as previously supplemented and as further supplemented by a Sixth Supplemental Agreement dated as of May 1, 2025 (collectively, the "Agreement of Trust"), and are equally and ratably secured on a parity as to the pledge of Pledged Revenues (as defined in the Agreement of Trust) with the Parity Obligations (as defined in the Agreement of Trust). Reference is hereby made to the Agreement of Trust for a description of the provisions, among others, with respect to the nature and extent of the security, the rights, duties and obligations of the City and the Trustee, the rights of the holders of the Bonds and the terms upon which the Bonds are issued and secured. Additional bonds secured by a pledge of Pledged Revenues on a parity with the Bonds and the Parity Bonds may be issued under the terms and conditions set forth in the Agreement of Trust. Subordinated Debt, as defined in the Agreement of Trust,may be issued under the terms and conditions set forth in the Agreement of Trust. The Bonds and the premium, if any, and the interest thereon are limited obligations of the City payable solely from Pledged Revenues, except to the extent payable from the proceeds of the Bonds, income from investments, certain reserves and proceeds of insurance, which Pledged Revenues and other moneys have been pledged as described in the Agreement of Trust to secure payment thereof. The Bonds and the premium, if any, and the interest thereon shall not be deemed to constitute a pledge of the faith and credit of the Commonwealth of Virginia or any political subdivision thereof, including the City. Neither the Commonwealth of Virginia nor any political subdivision thereof, including the City, shall be obligated to pay the principal of or premium, if any, or interest on the Bonds or other costs incident thereto except from Pledged Revenues and other moneys pledged therefor, and neither the faith and credit nor the taxing, power of the Commonwealth of Virginia or any political subdivision thereof, including the City, is pledged to the payment of the principal of or premium, if any, or interest on the Bonds or other costs incident thereto. The Bonds may not be called for redemption by the City except as provided herein and in the Agreement of Trust. Bonds maturing on or before November 15, 2035, are not subject to optional redemption prior to their stated maturities. Bonds that mature on or after November 15, 2036,will be subject to redemption at the option of the City beginning on November 15, 2035, in whole or in part at any time (in any multiple of$5,000), without premium, upon payment of the principal amount of the Bonds so redeemed plus interest accrued to the redemption date. A-2 If less than all the Bonds are called for redemption, they shall be redeemed from maturities in such order as determined by the City. If less than all of the Bonds of any maturity are called for redemption, the Bonds to be redeemed shall be selected by DTC or any successor securities depository pursuant to its rules and procedures or, if the book-entry system is discontinued, shall be selected by the Registrar by lot in such manner as the Registrar in its discretion may determine. The portion of any Bond to be redeemed shall be in the principal amount of$5,000 or some multiple thereof. In selecting Bonds for redemption, each Bond shall be considered as representing that number of Bonds which is obtained by dividing the principal amount of such Bond by$5,000. If any of the Bonds or portions thereof are called for redemption, the Registrar shall send notice of the call for redemption, identifying the Bonds or portions thereof to be redeemed, not less than 30 nor more than 60 days prior to the redemption date, by facsimile, registered or certified mail or overnight express delivery, to the registered owner of the Bonds. Provided funds for their redemption are on deposit at the place of payment on the redemption date, all Bonds or portions thereof so called for redemption shall cease to bear interest on such date, shall no longer be secured by the Agreement of Trust and shall not be deemed to be Outstanding under the provisions of the Agreement of Trust. If a portion of this bond shall be called for redemption, a new Bond in principal amount equal to the unredeemed portion hereof will be issued to DTC or its nominee upon the surrender hereof, or if the book-entry system is discontinued, to the registered owners of the Bonds. The registered owner of this bond shall have no right to enforce the provisions of the Agreement of Trust or to institute action to enforce the covenants therein or to take any action with respect to any Event of Default under the Agreement of Trust or to institute, appear in or defend any suit or other proceedings with respect thereto, except as provided in the Agreement of Trust. Modifications or alterations of the Agreement of Trust, or of any supplement thereto, may be made only to the extent and in the circumstances permitted by the Agreement of Trust. The Bonds are issuable as registered bonds in the denomination of$5,000 and multiples thereof. Upon surrender for transfer or exchange of this bond at the office of the Registrar, together with an assignment duly executed by the registered owner or its duly authorized attorney or legal representative in such form as shall be satisfactory to the Registrar, the City shall execute, and the Registrar shall authenticate and deliver in exchange, a new Bond or Bonds in the manner and subject to the limitations and conditions provided in the Agreement of Trust, having an equal aggregate principal amount, in authorized denominations, of the same series, form and maturity, bearing interest at the same rate and registered in the name or names as requested by the then registered owner hereof or its duly authorized attorney or legal representative. Any such exchange shall be at the expense of the City, except that the Registrar may charge the person requesting such exchange the amount of any tax or other governmental charge required to be paid with respect thereto. The Registrar shall treat the registered owner as the person exclusively entitled to payment of principal, premium, if any, and interest and the exercise of all other rights and A-3 powers of the owner, except that interest payments shall be made to the person shown as owner on the first day of the month that the interest payment date occurs. All acts, conditions and things required to happen, exist or be performed precedent to and in the issuance of this bond have happened, exist and have been performed. This bond shall not become obligatory for any purpose or be entitled to any security or benefit under the Agreement of Trust or be valid until the Registrar shall have executed the Certificate of Authentication appearing hereon and inserted the date of authentication hereon. [Signature Page Follows] A-4 IN WITNESS WHEREOF, the City of Virginia Beach, Virginia, has caused this bond to be signed by its Mayor, to be countersigned by its Clerk, its seal to be affixed hereto, and this bond to be dated the dated date stated above. COUNTERSIGNED: (SEAL) Clerk, City of Virginia Beach,Virginia Mayor, City of Virginia Beach, Virginia CERTIFICATE OF AUTHENTICATION Date Authenticated: May_, 2025 This bond is one of the Bonds described in the within mentioned Agreement of Trust. U.S. BANK TRUST COMPANY, NATIONAL ASSOCIATION, as Registrar By: Authorized Officer A-5 ASSIGNMENT FOR VALUE RECEIVED the undersigned hereby sell(s), assign(s)and transfer(s)unto (please print or typewrite name and address,including zip code,of Transferee) PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF TRANSFEREE the within Bond and all rights thereunder,hereby irrevocably constituting and appointing , Attorney, to transfer said Bond on the books kept for the registration thereof, with full power of substitution in the premises. Dated: Signature Guaranteed NOTICE: Signature(s)must be guaranteed (Signature of Registered Owner) by an Eligible Guarantor Institution such as a Commercial Bank,Trust Company, NOTICE: The signature above must Securities Broker/Dealer, Credit Union, or correspond with the name of the registered Savings Association who is a member of a owner as it appears on the front of this bond medallion program approved by The in every particular, without alteration or Securities Transfer Association, Inc. enlargement or any change whatsoever. A-6 NOTICE OF SALE CITY OF VIRGINIA BEACH,VIRGINIA $80,000,000- Storm Water Utility Revenue Bonds,Series 2025 Electronic bids only for the purchase of all, and not less than all,of the$80,000,000'preliminary aggregate principal amount of City of Virginia Beach,Virginia,Storm Water Utility Revenue Bonds,Series 2025(the"Bonds"), will be received by the City of Virginia Beach,Virginia(the"City"),in accordance with this Notice of Sale until 10:30 a.m.,Eastern Time,on Thursday,May 1,2025'(the"Date of Sale"). Immediately thereafter,the bids may be publicly announced,and the City Manager anticipates acting upon the bids by 5:00 p.m.,Eastern Time,on the Date of Sale. Unless otherwise defined in this Notice of Sale,all capitalized terns shall have the meanings as set forth in the Preliminary Official Statement, dated April LJ, 2025 (the "Preliminary Official Statement"), containing information related to the Bonds. Principal Redemption The Bonds will be limited obligation bonds of the City, dated the date of delivery, which is expected to be May_, 2025* (the"Dated Date"), and will mature serially or be subject to mandatory sinking fund redemptions on November 15 in the years and amounts shown below. Series 2025 November 15 Bonds* 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 Preliminary,subject to change. G-1 Serial Bonds,Term Bonds and Mandatory Sinking Fund Redemption Bidders may provide for all of the Bonds to be issued as serial bonds or may designate consecutive annual principal amounts to be combined into one or more term bonds. In the event that a bidder chooses to specify a term bond,each such term bond shall be subject to mandatory sinking fund redemption commencing on November 15 of the first year which has been combined to form such term bond and continuing on November 15 in each year thereafter until the stated maturity of that term bond.The amount redeemed in any year shall be equal to the principal amount for such year set forth in the amortization schedule above. The Bonds to be redeemed in any year by mandatory sinking fund redemption shall be redeemed at par and shall be selected by lot from among the Bonds of the same maturity.The City shall be entitled to reduce its mandatory sinking fund redemption obligation in any year with respect to such term bond of any maturity by the principal amount of such term bonds theretofore optionally redeemed by the City. Adjustment of Principal Amounts Prior to Opening of Bids The preliminary aggregate principal amount of the Bonds and the preliminary annual principal amounts of the Bonds,each as set forth in this Notice of Sale,may be revised by the City before the receipt of bids. Any such revisions made prior to receipt of bids will be posted on www.munios.com no later than 9:30 a.m.,Eastern Time,on the Date of Sale. In the event that no such revisions are made, the preliminary amounts will constitute the amounts that shall be used for the bid and award of the Bonds,subject to further adjustment,as described herein. Adjustment of Principal Amounts After Award The City reserves the right,after the award of the Bonds to the successful bidder,to increase or decrease,by up to fifteen percent(15%),the aggregate principal amount of the Bonds being offered hereby.Any such increase or decrease in the principal amount of particular maturities of the Bonds will be communicated to the successful bidder by 5:00 p.m.,Eastern Time,on the Date of Sale.The dollar amount bid for the principal of the Bonds by the successful bidder will be adjusted, as necessary, to reflect any increase or decrease in the principal amount of the applicable maturities of the Bonds so adjusted,but the interest rates specified by the successful bidder for each maturity will not be altered. Such adjusted dollar amount bid will not change the successful bidder's compensation per$1,000 of par amount of the Bonds from that which would have resulted from the bid submitted. The successful bidder may not withdraw its bid as a result of any change made within the foregoing limits. Description of the Bonds;Book-Entry Only System The Bonds will be issued pursuant to an Agreement of Trust dated as of January 1,2000,as previously supplemented and as further supplemented by a Fifth Supplemental Agreement of Trust dated as of May 1,2025 (collectively, the "Agreement of Trust"), all between the City and U.S. Bank Trust Company, National Association,as successor trustee(the"Trustee").The Bonds will be issued by means of a book-entry system with no distribution of physical Bond certificates made to the public. One Bond certificate for each maturity will be issued to The Depository Trust Company,New York, New York("DTC"), or its nominee, and immobilized in its custody. The book-entry system will evidence beneficial ownership of the Bonds in principal amounts of$5,000 or multiples thereof,with transfers of beneficial ownership effected on the records of DTC and its participants pursuant to rules and procedures established by DTC and its participants. Bond certificates registered in the name of Cede & Co. will be deposited with DTC.Interest on the Bonds will be paid semiannually on May 15 and November 15,beginning May 15, 2025,and principal on the Bonds will be paid annually on November 15,from November 15,2025,through November 15, 2049,* to DTC or its nominee as registered owner of the Bonds. Transfer of principal and interest payments to beneficial owners by participants of DTC will be the responsibility of such participants and other nominees of beneficial owners.The City will not be responsible or liable for maintaining,supervising or reviewing the records maintained by DTC,its participants or persons acting through such participants. DTC may discontinue providing its services as securities depository with respect to the Bonds at any time by giving reasonable notice to the City.Under such circumstances,in the event that a successor securities depository is not obtained,Bond certificates are required to be prepared,executed and delivered. Preliminary,subject to change. G-2 The City may decide to discontinue use of the system of book-entry transfers through DTC (or a successor securities depository). In that case,either a successor depository will be selected by the City or Bond certificates will be prepared,executed and delivered. Optional Redemption The Bonds that mature on or before November 15,2035,are not subject to optional redemption prior to their stated maturities. The Bonds that mature on and after November 15, 2036, will be subject to redemption beginning November 15, 2035, in whole or in part at any time, at the option of the City, upon payment of the par amount of principal so redeemed plus interest accrued and unpaid to the redemption date! Selection of Bonds for Redemption;Notice of Redemption If less than all of the Bonds are called for optional redemption,the Bonds to be redeemed shall be selected by the City's Director of Finance in such manner as may be determined to be in the best interest of the City.If less than all of the Bonds of a particular maturity are called for redemption,DTC or any successor securities depository will select the Bonds to be redeemed pursuant to its rules and procedures or,if the book-entry system is discontinued,the Bonds to be redeemed will be selected by the City Treasurer,who has been appointed registrar(the"Registrar"),by lot in such manner as the Registrar in its discretion may determine.In either case,each portion of the$5,000 principal amount is counted as one Bond for such purpose. The City will cause notice of the call for redemption identifying the Bonds or portions thereof to be redeemed to be sent by the Trustee to the holders by facsimile or electronic transmission,registered or certified mail or overnight express delivery,not less than 30 nor more than 60 days prior to the redemption date,to the registered owner thereof. Neither the City nor the Trustee shall be responsible for mailing notice of redemption to anyone other than DTC or another qualified securities depository or its nominee unless no qualified securities depository is the registered owner of the Bonds.If no qualified securities depository is the registered owner of the Bonds,notice of redemption shall be mailed to the registered owners of the Bonds.If a portion of a Bond is called for redemption,a new Bond in principal amount equal to the unredeemed portion shall be issued to the registered owner upon the surrender thereof. Security The Bonds are limited obligations of the City, payable solely from Pledged Revenues (as deemed in the Agreement of Trust and as more fully described in the Preliminary Official Statement).The Bonds shall not be deemed to constitute indebtedness of, or a pledge of the faith and credit of, the Commonwealth of Virginia (the "Commonwealth") nor the faith and credit of any county, city, town or other subdivision of the Commonwealth, including the City.The issuance of the Bonds does not directly,indirectly or contingently obligate the Commonwealth or any other political subdivision of the Commonwealth, including the City,to levy and collect any taxes whatsoever or make any appropriation therefore except from the Pledged Revenues to the payment of the principal of and premium, if any, and interest on the Bonds. In the Agreement of Trust, the City covenants to fix, charge, collect and revise its fees,rates and other charges for the use of and for the services furnished by the System in each Fiscal Year so as to produce revenues sufficient to pay the cost of operation and maintenance, the cost of necessary replacements and improvements and debt service on the Bonds and on any other indebtedness of the City secured by such revenues,and to provide certain reserves therefor. Use of Bond Proceeds As described in more detail in the Preliminary Official Statement,the Bonds are being issued to provide funds for various stormwater construction projects in the City and for certain costs of issuance related to the Bonds. Bid Submission Electronic bids via PARITY® Competitive Bidding System ("PARITY®") will be accepted in accordance with this Notice of Sale.The City is using PARITY®as a communication mechanism to conduct the electronic bidding for the sale of the Bonds,as described herein.To the extent any instructions or directions set forth in PARITY®conflict with this Notice of Sale,the terms of this Notice of Sale shall control.Each bidder submitting an electronic bid agrees Preliminary,subject to change. G-3 (i)that it is solely responsible for all arrangements with PARITY®,(ii)that PARITY®is not acting as the agent of the City,and(iii)that the City is not responsible for ensuring or verifying bidder compliance with any of the procedures of PARITY&The City assumes no responsibility for,and each bidder expressly assumes the risks of and responsibility for, any incomplete, inaccurate or untimely bid submitted by such bidder through PARITY& Each bidder shall be solely responsible for making necessary arrangements to access PARITY®for purposes of submitting its bid in a timely manner and in compliance with the requirements of this Notice of Sale.Neither the City nor PARITY®shall have any duty or obligation to provide or assure such access to any bidder,and neither the City nor PARITY®shall be responsible for proper operation of,or have any liability for,any delays or interruptions of,or any damages caused by,PARITY& For further information about PARITY®,potential bidders may contact PARITY®at(212)849-5021. Any bid submitted pursuant to this Notice of Sale shall be considered a firm bid for the purchase of the Bonds. By submitting a bid for the Bonds,a bidder represents and warrants to the City that the bidder has an established industry reputation for underwriting new issuances of municipal bonds and such bidder's bid is submitted for and on behalf of such bidder by an officer or agent who is duly authorized to bind the bidder to a legal, valid and enforceable contract for the purchase of the Bonds. Once the bids are communicated electronically via PARITY®to the City,each bid will constitute an irrevocable offer to purchase the Bonds on the terms herein and therein provided. Bidding Rules;Award of Bonds Bidders may only bid to purchase all of the Bonds.Bidders are invited to name the rate or rates of interest per annum which the Bonds are to bear in multiples of one-twentieth(1/20th)or one-eighth(1/8th) of one percent. Each bidder must specify in its bid a single rate for each maturity of the Bonds. Any number of rates may be named, provided that (a) no interest rate for any maturity may be lower than [3.00]%, (b)no interest rate for any maturity may exceed[5.00]%,and(c)in no event shall the"true" interest cost of the Bonds exceed[ 1%,calculated as described in the paragraph below. No bid for less than 100%of the par value of the principal amount of the Bonds shall be considered.No bond of any maturity may be reoffered at a price less than 95%of the principal amount of such bond.The City reserves the right to reject any or all bids(regardless of the interest rate bid),to reject any bid not complying with this Notice of Sale and,so far as permitted by law,to waive any irregularity or informality with respect to any bid or the bidding process. Each bid must be unconditional. Unless all bids are rejected,the Bonds will be awarded to the bidder complying with the terms of this Notice of Sale and submitting a bid which provides the lowest"true"interest cost to the City for the Bonds.True interest cost shall be determined for each bid by doubling the semiannual interest rate, compounded semiannually, necessary to discount the debt service payments from the payment dates to the Dated Date and to the aggregate bid price for the Bonds.If more than one bid offers the same lowest true interest cost,the successful bid will be selected by the City by lot. Bids for the Bonds shall not be conditioned upon obtaining insurance or any other credit enhancement. If a bidder proposes to obtain a policy of municipal bond insurance or any other credit enhancement,any such purchase of insurance or commitment therefor shall be at the sole option and expense of the bidder, and the bidder must pay any increased costs of issuance of the Bonds as a result of such insurance or commitment. Any failure by the bidder to obtain such a policy of insurance shall not in any way relieve such bidder of its contractual obligations arising from the acceptance of its bid for the purchase of the Bonds. As promptly as reasonably possible after the bids are received,the City will notify the bidder to whom the Bonds will be awarded, if and when such award is made. Such bidder, upon such notice, shall advise the City of the initial offering prices or yields to the public of each maturity of the Bonds. All bids will remain firm until the award of the Bonds.An award of the Bonds,if made,will be made by the City by 5:00 p.m.,Eastern Time,on the Date of Sale. Good Faith Deposit The successful bidder for the Bonds is required to submit a Good Faith Deposit in the amount of$800,000 payable to the order of the City in the form of a wire transfer in federal funds, as instructed by the City's Financial Advisor,Davenport&Company LLC.The successful bidder must submit the Good Faith Deposit not later than 4:00 G-4 p.m.,Eastern Time,on the Date of Sale.The successful bidder shall provide the federal funds reference number upon request of the City. If the successful bidder fails to comply with the terms of its bid,the Good Faith Deposit shall be retained by the City as full liquidated damages;otherwise,the amount thereof will be applied to the purchase price of the Bonds at the time of delivery. No interest on the Good Faith Deposit will accrue to the successful bidder. Wiring instructions for the Good Faith Deposit may be obtained from Andrew T. Oliver, Debt and Financial Services Administrator(telephone(757)385-8228;email atoliver@vbgov.com). Delivery of the Bonds The Bonds will be delivered at the expense of the City,in New York,New York,through the facilities of DTC on or about May_,2025.* Concurrently with the delivery of the Bonds,the City will furnish to the successful bidder without cost(a)a certificate dated the date of delivery of the Bonds,signed by the appropriate City officials and stating that no litigation of any kind is then pending or,to the best of their information,knowledge and belief, threatened against the City to restrain or enjoin the issuance or delivery of the Bonds and (b) certificates dated the date of delivery of the Bonds, stating that the descriptions and statements in the Official Statement (except in the sections entitled "Book-Entry System"and"Tax Exemption"and in the columns"Price/Yield"and"CUSIP No."on the inside cover),on the date of the Official Statement and on the date of delivery of the Bonds,were and are true and correct in all material respects, did not and do not contain an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make such descriptions and statements, in light of the circumstances under which they were made,not misleading. Such certificates will also state,however,that such City officials did not independently verify the information indicated in the Official Statement as having been obtained or derived from sources other than the City and its officers but they have no reason to believe that such information is notaccurate. Issue Price Determination The City expects and intends that the bid for the Bonds will satisfy the federal tax requirements for a qualified competitive sale of bonds,including,among other things,receipt of bids for the Bonds from at least three underwriters, who have established industry reputations for underwriting new issuances of municipal bonds(a"Qualified Competitive Bid"). The City will advise the successful bidder as promptly as possible after the bids are opened whether the bid constitutes a Qualified Competitive Bid, or, in the alternative, a bid that fails to satisfy such requirements (a "Nonqualified Competitive Bid"). If the bid is a Qualified Competitive Bid,as promptly as possible after the bids are opened,the City will notify the successful bidder, and such bidder, upon such notice, shall advise the City within 30 minutes of the reasonably expected initial offering price to the public of each maturity of the Bonds. In addition, the winning bidder shall be required to provide to the City information to establish the initial expected offering price for each maturity of the Bonds for federal income tax purposes by completing a certificate acceptable to Bond Counsel to the City,on or before the date of issuance of the Bonds,substantially in the form set forth in Exhibit A to this Notice of Sale,with appropriate completions,amendments and attachments. If the bid is a Nonqualified Competitive Bid,as promptly as possible after the bids are opened,the City will notify the successful bidder,and such bidder,upon such notice, shall advise the City within 30 minutes of the initial sale price or initial offering price to the public,as applicable,of each maturity of the Bonds. In addition,the winning bidder shall be required to provide to the City information and assurances to establish the initial sale price or the initial offering price to the public,as applicable,for each maturity of the Bonds for federal income tax purposes by completing a certification acceptable to Bond Counsel in substantially the form set forth in Exhibit B to this Notice of Sale,with appropriate completions, omissions and attachments. It is noted that procedures for a Nonqualified Competitive Bid may require the winning bidder and,if applicable, other underwriters of the Bonds,to hold the initial offering prices for certain maturities of the Bonds for up to five business days after the sale date,as further specified in the form of such certification. Preliminary,subject to change. G-5 Undertakings of the Winning Bidder The successful bidder must,by electronic transmission received by the City within 2 hours after notification of final principal amounts of the Bonds,furnish the following information to the City to complete the Official Statement in final form,as described below: A. The offering prices for the Bonds(expressed as the price or yield per maturity,exclusive of any accrued interest). B. Selling compensation(aggregate total anticipated compensation to the underwriter expressed in dollars, based on the expectation that all Bonds are sold at the prices or yields described above). C. Any desired combination of annual principal installments of the Bonds bearing the same interest rate into term bonds with mandatory sinking fund redemption requirements. D. The identity of the underwriters if the successful bidder is a part of a group or syndicate. E. Any other material information necessary to complete the Official Statement in final form but not known to the City. F. Confirmation from the successful bidder that it will execute and deliver the applicable issue price certificate on or prior to the delivery date and will comply in all respects with the provisions of such certificate. CUSIP Numbers Davenport&Company LLC,municipal advisor to the City,will timely apply for CUSIP numbers with respect to the Bonds as required by MSRB Rule G-34. The successful bidder will be responsible for the cost of assignment of such CUSIP numbers. It is anticipated that CUSIP numbers will be printed on the Bonds,but the failure to print such numbers on any Bond or any error with respect thereto shall not constitute cause for a failure or refusal by the successful bidder to accept delivery of and make payment for the Bonds. Official Statement The City will furnish the successful bidder at the expense of the City a reasonable number of copies of the final Official Statement by the earlier of the closing date and seven business days from the date of the award of the Bonds,as specified in Rule 15c2-12,as amended(the"Rule"),of the Securities and Exchange Commission(the"SEC") and the rules of the Municipal Securities Rulemaking Board("MSRB")provided that minor delays in furnishing such final Official Statement will not be a basis for failure to pay for and accept delivery of the Bonds. Additional copies will be made available at the successful bidder's request and expense.The City assumes no responsibility or obligation for the distribution or delivery of the Official Statement to anyone other than the successful bidder. The City expects the successful bidder to deliver copies of such Official Statement in final form(the "Final Official Statement")to persons to whom such bidder initially sells the Bonds and the MSRB via the MSRB's Electronic Municipal Market Access System("EMMA"). The successful bidder will be required to acknowledge receipt of such Final Official Statement,to certify that it has made delivery of the Final Official Statement to the MSRB via EMMA, to acknowledge that the City expects the successful bidder to deliver copies of such Final Official Statement to persons to whom such bidder initially sells the Bonds and to certify that the Bonds will only be offered pursuant to the Final Official Statement and only in states where the offer is legal. The successful bidder shall notify the City as soon as practicable of(1)the date which is the end of the underwriting period(such"underwriting period"is described in the Rule),and(2)the date of filing the Official Statement with the MSRB or its designee. If the Bonds are awarded to a syndicate, the City will designate the senior managing underwriter of the syndicate as its agent for purposes of distributing copies of the Official Statement to each participating underwriter. Legal Opinion The approving opinion of Butler Snow LLP,Richmond,Virginia,Bond Counsel,with respect to the Bonds will be furnished to the successful bidder at the expense of the City and will state that the Bonds constitute limited G-6 obligations of the City,payable solely from Pledged Revenues,as defined in the Preliminary Official Statement,subject to the prior application thereof to the payment of Operating Expenses,and reserves established under the Agreement of Trust on a parity with other stormwater utility revenue bonds of the City. Federal and State Securities Laws No action has been taken to qualify the Bonds under the federal or any state's securities laws. Tax Matters The Preliminary Official Statement contains a discussion of the effect of the Internal Revenue Code of 1986, as amended,on the exclusion from gross income of interest on the Bonds and contains the proposed form of the opinion of Butler Snow LLP,insofar as it concerns such exclusion. Continuing Disclosure To assist the successful bidder in complying with the Rule, the City will agree,pursuant to the Continuing Disclosure Agreement,to provide certain annual financial information and operating data and notices of the occurrence of certain events.A description of this undertaking is set forth in the Preliminary Official Statement for the Bonds and will also be set forth in the final Official Statement for the Bonds(See Appendix F of the Preliminary Official Statement date April[_],2025).Except as otherwise noted in the Preliminary Official Statement,within the last 5 years the City has not failed to comply in all material respects with any previous continuing disclosure undertaking. Right to Change the Notice of Sale and Change of Date and Time for Receipt of Bids The City reserves the right to make changes to this Notice of Sale and reserves the right to change the date and time established for the receipt of bids. Any such changes will be posted on www.munios.com, or any other such service not later than 9:30 a.m. (Eastern Time) on the Date of Sale. If the date and time fixed for receipt of bids is changed,any alternative date and time for receipt of bids will be posted on www.munios.com,or any other such service. Any bidder must submit a bid for the purchase of the Bonds on such alternative sale date and time in conformity with the provisions of this Notice of Sale,except for any changes posted on www.munios.com,or any other such service,as described therein. Additional Information For further information relating to the Bonds and the City,reference is made to the City's Preliminary Official Statement.The City has deemed the Preliminary Official Statement to be final as of its date within the meaning of the Rule,except for the omission of certain pricing and other information permitted to be omitted pursuant to the Rule. The Notice of Sale and the Preliminary Official Statement may be obtained from the City's Financial Advisor,Davenport &Company LLC(telephone 804-822-2902). CITY OF VIRGINIA BEACH,VIRGINIA By:Patrick A.Duhaney City Manager Dated:April L],2025 G-7 Exhibit A to Notice of Sale Form of Issue Price Certificate For Qualified Competitive Sale City of Virginia Beach,Virginia Storm Water Utility Revenue Bonds,Series 2025 ISSUE PRICE CERTIFICATE The undersigned,on behalf of (the"Initial Purchaser"),hereby certifies as set forth below with respect to the sale and issuance of the above-captioned obligations(the'Bonds"). 1. Reasonably Expected Initial Offering Price. (a) As of the Sale Date,the reasonably expected initial offering prices of the Bonds to the Public by the Initial Purchaser are the prices listed in Schedule A(the"Expected Offering Prices").The Expected Offering Prices are the prices for the Maturities of the Bonds used by the Initial Purchaser in formulating its bid to purchase the, Bonds. Attached as Schedule B is a true and correct copy of the bid provided by the Initial Purchaser to purchase the Bonds. (b) The Initial Purchaser was not given the opportunity to review other bids prior to submitting its bid. (c) The bid submitted by the Initial Purchaser constituted a firm offer to purchase the Bonds. 2. Defined Terms. (a) "Issuer"means the City of Virginia Beach. (b) "Maturity"means Bonds with the same credit and payment terms.Bonds with different maturity dates, or Bonds with the same maturity date but different stated interest rates,are treated as separate Maturities. (c) "Public"means any person(including an individual, trust, estate,partnership,association, company, or corporation)other than an Underwriter or a related party to an Underwriter.The term"related party"for purposes of this certificate generally means any two or more persons who have (i) at least 50% common ownership of the voting power or the total value of their stock,if both entities are corporations(including direct ownership by one corporation of another), (ii) more than 50% common ownership of their capital interests or profits interests, if both entities are partnerships(including direct ownership by one partnership of another),or(iii)more than 50%common ownership of the value of the outstanding stock of the corporation or the capital interests or profit interests of the partnership, as applicable,if one entity is a corporation and the other entity is a partnership(including direct ownership of the applicable stock or interests by one entity of the other). (d) "Sale Date"means the date that the Bonds are awarded by the Issuer to the successful bidder.The Sale Date of the Bonds is[DATE]. (e) "Underwriter"means(i)any person that agrees pursuant to a written contract with the Issuer(or with the lead underwriter to form an underwriting syndicate)to participate in the initial sale of the Bonds to the Public,and (ii)any person that agrees pursuant to a written contract directly or indirectly with a person described in clause(i)of this paragraph to participate in the initial sale of the Bonds to the Public(including a member of a selling group or a party to a retail distribution agreement participating in the initial sale of the Bonds to the Public). The representations set forth in this certificate are limited to factual matters only. Nothing in this certificate represents the Initial Purchaser's interpretation of any laws,including specifically Sections 103 and 148 of the Internal Revenue Code of 1986, as amended, and the Treasury Regulations thereunder. The undersigned understands that the foregoing information will be relied upon by the Issuer with respect to certain of the representations set forth in the Certificate as to Arbitrage and Other Tax Matters and with respect to compliance with the federal income tax rules G-8 affecting the Bonds,and by Butler Snow LLP in connection with rendering its opinion that the interest on the Bonds is excluded from gross income for federal income tax purposes,the preparation of the Internal Revenue Service Form 8038- G,and other federal income tax advice that it may give to the City of Virginia Beach time to time relating to the Bonds. [INITIAL PURCHASER] By: Name: Dated: [ISSUE DATE] SCHEDULE A Expected Initial Offering Prices of the Bonds [Insert] SCHEDULE B Copy of Bid [Insert] G-9 Exhibit B to Notice of Sale Form of Issue Price Certificate For Nonqualifred Competitive Sale City of Virginia Beach,Virginia Storm Water Utility Revenue Bonds,Series 2025 ISSUE PRICE CERTIFICATE The undersigned,on behalf of (the"Initial Purchaser")[and other Underwriters,as defined below], hereby certifies as set forth below with respect to the sale and issuance of the above-captioned obligations(the'Bonds"). I. Sale of the General Rule Maturities As of the date of this Certificate,for each Maturity of the General Rule Maturities,the first price at which 10%of such Maturity was sold by the Initial Purchaser to the Public is the respective price listed in Schedule A. z Initial Offering Price of the Hold-the-Offering-Price Maturities (a) The Initial Purchaser offered the Hold-the-Offering Price Maturities to the Public for purchase at the respective initial offering prices listed in Schedule A(the"Initial Offering Prices")on or before the Sale Date.A copy of the pricing wire or equivalent communication for the Bonds is attached to this Certificate as Schedule B. (b) As set forth in the Notice of Sale and bid award,the Initial Purchaser has agreed in writing that,(i)for each Maturity of the Hold-the-Offering-Price Maturities,it would neither offer nor sell any of the Bonds of such Maturity to any person at a price that is higher than the Initial Offering Price for such Maturity during the Holding Period for such Maturity(the"hold-the-offering-price rule"), and(ii)any selling group agreement shall contain the agreement of each dealer who is a member of the selling group, and any retail distribution agreement shall contain the agreement of each broker-dealer who is a party to the retail distribution agreement,to comply with the hold-the-offering-price rule.Pursuant to the foregoing,no Underwriter has offered or sold any Maturity of the Hold-the-Offering Price Maturities at a price that is higher than the respective Initial Offering Price for that Maturity of the Bonds during the Holding Period. 3. Defined Terms. (c) "General Rule Maturities"means those Maturities of the Bonds shown in Schedule A hereto as the "General Rule Maturities." (d) "Hold-the-Offering-Price Maturities"means those Maturities of the Bonds listed in Schedule A hereto as the"Hold-the-Offering-Price Maturities." (e) "Holding Period" means, with respect to a Hold-the-Offering-Price Maturity,the period starting on the Sale Date and ending on the earlier of(i) the close of the fifth business day after the Sale Date, or(ii) the date on which the Initial Purchaser has sold at least 10%of such Hold-the-Offering-Price Maturity to the Public at prices that are no higher than the Initial Offering Price for such Hold-the-Offering-Price Maturity. M 'Issuer"means the City of Virginia Beach. (g) "Maturity"means Bonds with the same credit and payment terms.Bonds with different maturity dates, or Bonds with the same maturity date but different stated interest rates,are treated as separate maturities. (h) 'Public"means any person(including an individual, trust,estate,partnership, association, company, or corporation)other than an Underwriter or a related party to an Underwriter.The term"related party"for purposes of this certificate generally means any two or more persons who have(i) at least 50% common ownership of the voting G-10 power or the total value of their stock,if both entities are corporations(including direct ownership by one corporation of another), (ii) more than 50% common ownership of their capital interests or profits interests, if both entities are partnerships(including direct ownership by one partnership of another),or(iii)more than 50%common ownership of the value of the outstanding stock of the corporation or the capital interests or profit interests of the partnership, as applicable,if one entity is a corporation and the other entity is a partnership(including direct ownership of the applicable stock or interests by one entity of the other). (i) "Sale Date"means the date that the Bonds are awarded by the Issuer to the successful bidder.The Sale Date of the Bonds is[DATE]. 0) "Underwriter"means(i)any person that agrees pursuant to a written contract with the Issuer(or with the lead underwriter to form an underwriting syndicate)to participate in the initial sale of the Bonds to the Public,and (ii)any person that agrees pursuant to a written contract directly or indirectly with a person described in clause(i)of this paragraph to participate in the initial sale of the Bonds to the Public(including a member of a selling group or a party to a retail distribution agreement participating in the initial sale of the Bonds to the Public). The representations set forth in this certificate are limited to factual matters only. Nothing in this certificate represents the Initial Purchaser's interpretation of any laws,including specifically Sections 103 and 148 of the Internal Revenue Code of 1986, as amended, and the Treasury Regulations thereunder. The undersigned understands that the foregoing information will be relied upon by the Issuer with respect to certain of the representations set forth in the Certificate as to Arbitrage and Other Tax Matters and with respect to compliance with the federal income tax rules affecting the Bonds,and by Butler Snow LLP in connection with rendering its opinion that the interest on the Bonds is excluded from gross income for federal income tax purposes,the preparation of Internal Revenue Service Form 8038-G, and other federal income tax advice it may give to the Issuer from time to time relating to the Bonds. [INITIAL PURCHASER] By: Name: Dated: [ISSUE DATE] SCHEDULE A Sale Prices of the General Rule Maturities [Insert] Initial Offering Prices of the Hold-The-Offering-Price Maturities [Insert] SCHEDULE B Pricing Wire or Equivalent Communication [See Attached] G-11 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize Temporary Encroachments into an 80' City-owned drainage and canal easement and into a 5' City-owned drainage and utility easement, located at the rear of 1832 Duke of York Quay. MEETING DATE: March 18, 2025 ■ Background: David Edward LaMontagne, Jr., Trustee of the David Edward LaMontagne, Jr., Declaration of Trust Agreement, dated June 16, 2020 (the "Applicant"), requests permission to maintain an existing brick paver walkway and an existing variable width floating dock, and to construct and maintain a bulkhead with wood piles, a wharf, a wood dock and a boathouse, into an 80' City-owned drainage and canal easement, and into a 5' City-owned drainage and utility easement, located at the rear of 1832 Duke of York Quay (GPIN: 1499-84-4952). ■ Considerations: City staff reviewed the Temporary Encroachment and have recommended approval of same, subject to certain conditions outlined in the Agreement. E Public Information: Public notice will be provided via the normal City Council agenda process. ■ Alternatives: Deny the Temporary Encroachment or add conditions as desired by Council. ■ Recommendations: Approve the request subject to the terms and conditions of the Agreement. ■ Attachments: Ordinance, Agreement, Exhibit, Photos, Location Map and Disclosure Statement. Recommended Action: Approval Submitting Department/Agency: Public Works/Real Estate City Manager 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS INTO 5 AN 80' CITY-OWNED DRAINAGE AND 6 CANAL EASEMENT AND INTO A 5' CITY- 7 OWNED DRAINAGE AND UTILITY 8 EASEMENT, LOCATED AT THE REAR 9 OF 1832 DUKE OF YORK QUAY 10 11 WHEREAS, David Edward LaMontagne, Jr., Trustee of the David Edward 12 LaMontagne, Jr., Declaration of Trust Agreement, dated June 16, 2020 (the "Applicant") 13 requests permission to maintain an existing 3.96' x 25.51' brick paver walkway and an 14 existing variable width floating dock, and to construct and maintain a 151 LF vinyl bulkhead 15 with fifty-two (52) 8" wood piles, a 134.20' x 5.13' wharf, an 18' x 41.02' wood dock and a 16 16' x 30' boathouse, into an 80' City-owned drainage and canal easement, and into a 5' 17 City-owned drainage and utility easement, located adjacent to 1832 Duke of York Quay 18 (GPIN: 1499-84-4952); and 19 20 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 21 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 22 the City-owned easements subject to such terms and conditions as Council may prescribe. 23 24 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 25 VIRGINIA BEACH, VIRGINIA: 26 27 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 28 2009 and 15.2-2107, Code of Virginia, 1950, as amended, David Edward LaMontagne, Jr., 29 Trustee of the David Edward LaMontagne, Jr., Declaration of Trust Agreement dated June 30 16, 2020, its heirs, assigns and successors in title are authorized to construct and maintain 31 the Temporary Encroachment within the City-owned easements as shown on the map 32 entitled: "EXHIBIT A ENCROACHMENT EXHIBIT SHOWING PROPOSED 33 BULKHEAD,WHARF, DOCK, BOATHOUSE AND EXISTING DOCK&WALK FOR DAVID 34 EDWARD LAMONTAGNE, JR. TRUSTEE OF THE DAVID EDWARD LAMONTAGNE, JR. 35 DECLARATION OF TRUST AGREEMENT DATED JUNE 16, 2020 LOCATED ON LOT 74, 36 CHELSIA M.B. 96, PG. 5 CITY OF VIRGINIA BEACH, VIRGINIA," Scale: 1" = 50', dated 37 August 8, 2024, and revised through December 3, 2024, prepared by Gallup Surveyors & 38 Engineers, a copy of which is attached hereto as Exhibit "A" and on file in the Department 39 of Public Works and to which reference is made for a more particular description; 40 41 BE IT FURTHER ORDAINED,thatthe Temporary Encroachment is expressly 42 subject to those terms, conditions and criteria contained in the agreement between the City 43 of Virginia Beach, and David Edward LaMontagne, Jr., Trustee of the David Edward 44 LaMontagne, Jr., Declaration of Trust Agreement dated June 16, 2020 (the "Agreement"), 45 an unexecuted copy of which has been presented to the Council in its agenda and will be 46 recorded among the records of the Clerk's Office of the Circuit Court of the City of Virginia 47 Beach. 48 49 BE IT FURTHER ORDAINED, that the City Manager or his authorized 50 designee is hereby authorized to execute the Agreement; and 51 52 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 53 such time as David Edward LaMontagne Jr., Trustee of the David Edward LaMontagne Jr., 54 Declaration of Trust Agreement, dated June 16, 2020 and the City Manager or his 55 authorized designee execute the Agreement. 56 57 Adopted by the Council of the City of Virginia Beach, Virginia, on the 58 day of 2025. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: �S h � POB IC WOkKS / REAL ESTATE NA' . H M X(ER ' DEPUTY ( ITY TORNEY CA16588 R-2 Prepared: 2/27/2025 LINE OF 25% LOT 98 2 OF WATERWAY ��T 3 B. 96, PG. 5 LOT 96 97 5 � / LOT 99 M.B. 96, PG. 5 M.B. 96, PG. 5 EX. FLOATING DOCK SEE SHEET 8 PROPOSED DOCK ____ M.B. 96, PG. 5 NpGE &. Q SEE SHEET 7 a0. �RAI EMENT PROPOSED g 96 PG 5 BOATHOUSE SEE SHEET 6 EX. BOA\ PROPPROPOSED BULKHEAD SEE OSEp W SEE SHEETS 2 & 3 SHEETSLLJ 4&q5 F 5 6 PG` W a SWIMMING POOL co g � p6 Wm N EX. PAVERS cW 1� Sys I SEE SHEET B � ?� LOT 75 Uj `o a M.B. 96, PG. 5 I 2 STORY m n BRICK & FRAME 1832 F1 LOT 73 Q\�L Z M.B. 96, PG. 5 co LOT 74 A)SEE SHEET 9 FOR Z LN. 20240305(455 '` ALTIJ CURVE & LINE TABLES I GPIN: 1499-84-4952 �p0 � �,z OFL O 1 B1 3.28 TP�CE o v B UTLER Y QUEENS ELM �1 i� 38395 qDAj s C 1 DUKE OF YORK QUAY (50' RNV) �sSJUNAL E�G1 M.B. 96, PG. 5 0 50 100 EXHIBIT A ENCROACHMENT EXHIBIT SHOWING Sheet Name: Overall Sheet: 1 of 9 PROPOSED BULKHEAD, WHARF, DOCK, Scale: 1"=50' Date:Aug. 8, 2024 Rev. Dec. 3, 2024 BOATHOUSE AND EXISTING DOCK & WALK GALLUP FOR DAVID EDWARD LaMONTAGNE, JR. TRUSTEE OF SURVEYORS& ENGINEERS THE DAVID EDWARD LaMONTAGNE, JR. DECLARATION 323 FIRST COLONIAL ROAD OF TRUST AGREEMENT DATED JUNE 16, 2020 VIRGINIA BEACH,VIRGINIA 23454 LOCATED ON LOT 74, CHELSIA M.B. 96, PG. 5 (757)428-8132(757)425-2390 FAX CITY OF VIRGINIA BEACH, VIRGINIA W:\Lamontagne,David 1832 Duke of York Quay\Drawings\24-10 Exhibit.dwg,12/9/2024 11:27:15 AM 0 0 LOT 73 \ LOT 99 12 0 S54'48'Sg�NE OF PIES M.B. 96, PG. 5 M.B. 96, PG. 5 0 E V,pLT11 \ o^y 20.25' 163.92• L 0 7.89' �O a 7.18` p. u DA Wi UTLER / `I c.No. 38395 VINYL �S G� BULKHEAD `sIONAL ^� TIE BAC 2�v a LOT 98 �O ��p TYPICAL v M.B. 96, PG. 5 / 0 h (52) 8" W / 40.00, WOOD PILE z a 4.8g. TYPICAL ly 0 2 m O IC*j 1 g 3g, LOT 97 M.B. 96, PG. 5 'o., Cp M M 0 10 20 MATCHLINE- SEE SHEET 3 EXHIBIT A ENCROACHMENT EXHIBIT SHOWING Sheet Name: Bulkhead Sheet: 2 of 9 PROPOSED BULKHEAD, WHARF, DOCK, Scale: 1"=10' Date: Aug. 8, 2024 BOATHOUSE AND EXISTING DOCK & WALK GALLUP FOR DAVID EDWARD LaMONTAGNE, JR. TRUSTEE OF SURVEYORS & ENGINEERS THE DAVID EDWARD LaMONTAGNE, JR. DECLARATION 323 FIRST COLONIAL ROAD OF TRUST AGREEMENT DATED JUNE 16, 2020 VIRGINIA BEACH,VIRGINIA 23454 LOCATED ON LOT 74, CHELSIA M.B. 96, PG. 5 (757)428-8132(757)425-2390 FAX CITY OF VIRGINIA BEACH, VIRGINIA W:\Lamontagne,David 1832 Duke of York Quay\Drawings\24-10 Exhibit.dwg,12/9/2024 11:27.15 AM MATCHL/NE- SEE SHEET 2 c°o I 3 LOT 97 M.B. 96, PG. 5 6.90' 14.03' � o � m 1 1 � S VINYL ® BULKHEAD r_ (52)8" m TIE BACK WOOD PILE On TYPICAL TYPICAL o cn '� 1 � ci R► oNo b �-+ N '? iD LOT 96 M.B. 96, PG. 5 40.00' I r_ 1 rrn 1 0 4tXLT11 OF O1� m Lf O � u DA *-! UTLER 0 7.87' 1 `1` c. No. 38395 'A �► ,2� w,� 'Pi 9.30' 20.26' 10.85' - �SS�ONAL ti N65'53'44"1N 268.76' LINE OF PILES 1 LOT 75 M.B. 96, PG. 5 0 10 20 EXHIBIT A ENCROACHMENT EXHIBIT SHOWING Sheet Name: Overall Sheet: 3 of 9 PROPOSED BULKHEAD, WHARF, DOCK, Scale: 1"=10' Date: Aug. 8, 2024 BOATHOUSE AND EXISTING DOCK & WALK GALLUP FOR DAVID EDWARD LaMONTAGNE, JR. TRUSTEE OF SURVEYORS & ENGINEERS THE DAVID EDWARD LaMONTAGNE, JR. DECLARATION 323 FIRST COLONIAL ROAD OF TRUST AGREEMENT DATED JUNE 16, 2020 VIRGINIA BEACH,VIRGINIA 23454 LOCATED ON LOT 74, CHELSIA M.B. 96, PG. 5 (757)428-8132(757)425-2390 FAX CITY OF VIRGINIA BEACH, VIRGINIA W:\Lamontagne,David 1832 Duke of York Quay\Drawings\24-10 Exhibit.dwg,12/9/2024 11:271S AM 0 Q LOT 73 \ LOT 99 S54'48'59-E M.B. 96, PG. 5 M.B. 96, PG. 5 � O4 V, ,LTIj Op 12,51. 163.92• L 5.13' G, 22.4S- O � u DAt- UTLER a `I c.No.38395 NAL E�G1 N PROPOSED Q a oy WHARF LOT 98 M.B. 96, PG. 5 a W c 40.00, S 6g. S 02. 0 cam+ LOT 97 M.B. 96, PG. 5 rn -o G� h � s M � h 0 10 20 MATCHLINE-SEE SHEET 3 EXHIBIT A ENCROACHMENT EXHIBIT SHOWING Sheet Name:Wharf Sheet: 4 of 9 PROPOSED BULKHEAD, WHARF, DOCK, Scale: 1"=10' Date:Aug. 8, 2024 BOATHOUSE AND EXISTING DOCK & WALK GALLUP FOR DAVID EDWARD LaMONTAGNE, JR. TRUSTEE OF SURVEYORS S ENGINEERS THE DAVID EDWARD LaMONTAGNE, JR. DECLARATION 323 FIRST COLONIAL ROAD OF TRUST AGREEMENT DATED JUNE 16, 2020 VIRGINIA BEACH,VIRGINIA 23454 LOCATED ON LOT 74, CHELSIA M.B. 96, PG. 5 (757)428-8132(757)425-2390 FAX CITY OF VIRGINIA BEACH, VIRGINIA W:\Lamontagne,David 1832 Duke of York Quay\Drawings\24-10 Exhibit.dwg,12/9/2024 11:27:15 AM MATCHLINE- SEE SHEET 2 LOT 97 M.B. 96, PG. 5 0 7.75' 5.10' QCD PROPOSED s WHARF N � tD Q' a LOT 96 M.B. 96, PG. 5 40%, '$tp,LTIH OF Gj VIA O u DA *�! UTLER a `I c.No. 38395 9.86' 5'08' 25.47' �SSIDNAL V N65'53'44"W 268.76' 1 LOT 75 M.B. 96, PG. 5 0 10 20 EXHIBIT A ENCROACHMENT EXHIBIT SHOWING Sheet Name:Wharf Sheet: 5 of 9 PROPOSED BULKHEAD, WHARF, DOCK, Scale: 1"=10' Date: Aug. 8, 2024 BOATHOUSE AND EXISTING DOCK & WALK GALLUP FOR DAVID EDWARD LaMONTAGNE, JR.TRUSTEE OF SURVEYORS & ENGINEERS THE DAVID EDWARD LaMONTAGNE, JR. DECLARATION 323 FIRST COLONIAL ROAD OF TRUST AGREEMENT DATED JUNE 16, 2020 VIRGINIA BEACH,VIRGINIA 23454 LOCATED ON LOT 74, CHELSIA M.B. 96, PG. 5 (757)428-8132(757)425-2390 FAX CITY OF VIRGINIA BEACH,VIRGINIA W:\Lamontagne,David 1832 Duke of York Quay\Drawings\24-10 Exhibit.dwg,12/9/2024 11:27:16 AM LOT 99 LOT 73 \ M.B. 96, PG. 5 M.B. 96, PG. 5 554.48'S9hE 3 9j, N 163.92' ��p'LTH OF O M O � u DAB UTLER q O j c.No. 38395 �8 O��SSION AL Oo O O M O PROPOSED BOAT HOUSE LOT 98 �?�, o0 M.B. 96, PG. 5 o a �o do _ oQC" O O � -O 0 6 12 EXHIBIT A ENCROACHMENT EXHIBIT SHOWING Sheet Name: Boathouse Sheet: 6 of 9 PROPOSED BULKHEAD, WHARF, DOCK, Scale: 1"=6' Date: Aug. 8, 2024 BOATHOUSE AND EXISTING DOCK & WALK GALLUP FOR DAVID EDWARD LaMONTAGNE, JR. TRUSTEE OF SURVEYORS & ENGINEERS THE DAVID EDWARD LaMONTAGNE, JR. DECLARATION 323 FIRST COLONIAL ROAD OF TRUST AGREEMENT DATED JUNE 16, 2020 VIRGINIA BEACH,VIRGINIA 23454 LOCATED ON LOT 74, CHELSIA M.B. 96, PG. 5 (757)428-8132(757)425-2390 FAX CITY OF VIRGINIA BEACH, VIRGINIA W\Lamontagne,David 1832 Duke of York Quay\Drawings\24-10 Exhibit.dwg,12/9/2024 1127:16 AM 2.S2• tXLTH of O 6.3S'-� O Gf N U Y I S.68r DA W UTLER 0 `l t0 c. No. 38395 0 -0 O��ssloNAL =tea o N PROPOSED o " DOCK � v M <p M O M h �D M LOT 97 M.B. 96, PG. 5 0.60,y 7.4 p. o� r I 0 8 16 EXHIBIT A ENCROACHMENT EXHIBIT SHOWING Sheet Name: Dock Sheet: 7 of 9 PROPOSED BULKHEAD, WHARF, DOCK, Scale: 1"=8' Date: Aug. 8, 2024 BOATHOUSE AND EXISTING DOCK & WALK GALLUP FOR DAVID EDWARD LaMONTAGNE, JR. TRUSTEE OF SURVEYORS & ENGINEERS THE DAVID EDWARD LaMONTAGNE, JR. DECLARATION 323 FIRST COLONIAL ROAD OF TRUST AGREEMENT DATED JUNE 16, 2020 VIRGINIA BEACH,VIRGINIA 23454 LOCATED ON LOT 74, CHELSIA M.B. 96, PG. 5 (757)428-8132(757)425-2390 FAX CITY OF VIRGINIA BEACH, VIRGINIA WALamontagne,David 1832 Duke of York Quay\Drawings\24-10 Exhibit.dwg,12/9/2024 11:27:16 AM HEALTH O� �0 �r r O � u DA - UTLER `I` c.No. 38395 7' y 8— 2 �'4 4.33' Ilk,� , `sIONAL ���1� w 25.51' °'- a> EX. BRICK PAVERS w 25.38- 00°. 40.00' Y �1.16.� w „o EX. FLOATING DOCK SEE SHEET 8 t9 y crzz � rn 1-4 O N 3 g9. tj 4.75' 0.g1' P °° N v= N N65'53'44"W 268.76' LOT 96 M.B. 96, PG. 5 LOT 75 M.B. 96, PG. 5 0 8 16 EXHIBIT A ENCROACHMENT EXHIBIT SHOWING Sheet Name: EX. DOCK&WALK I Sheet: 8 of 9 PROPOSED BULKHEAD, WHARF, DOCK, Scale: 1"=8' Date: Aug. 8, 2024 BOATHOUSE AND EXISTING DOCK & WALK GALLUP FOR DAVID EDWARD LaMONTAGNE, JR. TRUSTEE OF SURVEYORS & ENGINEERS THE DAVID EDWARD LaMONTAGNE, JR. DECLARATION 323 FIRST COLONIAL ROAD OF TRUST AGREEMENT DATED JUNE 16, 2020 VIRGINIA BEACH,VIRGINIA 23454 LOCATED ON LOT 74, CHELSIA M.B. 96, PG. 5 (757)428-8132(757)425-2390 FAX CITY OF VIRGINIA BEACH, VIRGINIA W:\Lamontagne,David 1832 Duke of York Quay\Drawings\24-10 Ezhibit.dwg,12/9/2024 11:27:16 AM ���pLTy OF 1. THIS PLAN WAS PERFORMED WITHOUT THE BENEFIT OF A TITLE REPORT. L! 2. THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT REQUEST ONLY, 3. THIS PLAN IS BASED UPON A PHYSICAL SURVEY PREPARED BY: ROUSE SIRINE ASSOCIATES, LRD. O DATED: 7-20, 1979 U DA UTLER > 4. THE CITY OF VIRGINIA BEACH IS NOT RESPONSIBLE FOR VERIFICATION OF q `I�j No. 38395 RESTRICTIONS REQUIRED BY OTHER ASSOCIATIONS OR AGENCIES. �ZA wAr O �$ �� LINE TABLE �SSjONAL V" LINE BEARING DISTANCE L1 N15'55'13"E 50.40' L2 N39'03'25"E 87.08' CURVE TABLE CURVE DELTA RADIUS LENGTH TANGENT CHID BEARING CHORD C1 07'09'59" 400.00' 50.03' 25.05' S27'39'15"W 50.00' r - ADJACENT OWNERS KEY OWNER INSTRUMENT LEGAL INSTRUMENT GPIN BRENDA A. HARMON I D.B. 4162, PG. 428 LOT 75, M.B. 96,CHELSEA PG. 5 j 1499-84-4811 iLAWRENCE L. BRADY & I.N. 20080602000637800 LOT 96, M.B. 96, 1499-84-1992 MELODIE A. BRADY CHELSEA PG. 5 JOSEPH S. DONNELL, III 3 LOT 97, M.B. 96,.& JUDITH E. DONNELL I.N. 20070122000097200 CHELSEA PG. 5 11499-85-2004 I FRANKLIN P. EARLEY & D.B. 3102, PG. 29 I LOT 98, i M.B. 96, SUSAN T. EARLEY I CHELSEA PG. 5 1499 85 1194 5 ERIC T. JOHNSON & (I.N. 20150324000249910' LOT 99, M.B. 96, COURTNEY L. JOHNSON CHELSEA PG. 5 1499-85-3126 JOHN J. TUITE & LOT 73 & M.B. 96, s DOROTHY M. TUITE D.B. 3206, PG. 1637 PART OF LOT PG 5 1499-84-5939 74, CHELSEA EXHIBIT A ENCROACHMENT EXHIBIT SHOWING Sheet Name: Notes Sheet: 9 of 9 PROPOSED BULKHEAD, WHARF, DOCK, Scale: NA Date: Aug. 8, 2024 BOATHOUSE AND EXISTING DOCK & WALK GALLUP FOR DAVID EDWARD LaMONTAGNE, JR. TRUSTEE OF SURVEYORS & ENGINEERS THE DAVID EDWARD LaMONTAGNE, JR. DECLARATION 323 FIRST COLONIAL ROAD OF TRUST AGREEMENT DATED JUNE 16, 2020 VIRGINIA BEACH,VIRGINIA 23454 LOCATED ON LOT 74, CHELSIA M.B. 96, PG. 5 (757)428-8132(757)425-2390 FAX CITY OF VIRGINIA BEACH, VIRGINIA W\Lamontagne,David 1832 Duke of York Quay\Drawings\24-10 Exhibit.dwg,12/9/2024 1127.16 AM PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C)(4) THIS AGREEMENT, made this g day of Y'Uck_ 202�5 by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and DAVID EDWARD LAMONTAGNE, JR., TRUSTEE OF THE DAVID EDWARD LAMONTAGNE, JR., DECLARATION OF TRUST AGREEMENT DATED JUNE 16, 2020, ITS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, collectively "Grantee", even though more than one. WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as Lot "74", as shown on that certain plat entitled: "CHELSEA LYNNHAVEN BOROUGH VIRGINIA BEACH, VIRGINIA," Scale: 1" = 100', dated March 19, 1973, prepared by Baldwin and Gregg, which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 96, at page 5, and being further designated, known, and described as 1832 Duke of York Quay, Virginia Beach, Virginia 23454. WHEREAS, it is proposed by the Grantee to maintain an existing 3.96' x 25.51' brick paver walkway and an existing variable width floating dock, and to construct and maintain a 151 LF bulkhead with fifty-two (52) 8" wood piles, a 134.20' x 5.13' wharf, an 18' x 41 .02' wood dock and a 16' x 30' boathouse, collectively, the "Temporary Encroachment", in the City of Virginia Beach; and GPINs: NO GPINS ASSIGNED (CITY-OWNED 80' DRAINAGE AND CANAL EASEMENT) NO GPIN ASSIGNED (CITY-OWNED 5' DRAINAGE AND UTILITY EASEMENT) 1499-84-4952 (1832 DUKE OF YORK QUAY) WHEREAS; in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into an 80' City-owned' drainage and canal easement and into a 5' City-owned drainage and utility easement, collectively, the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt and sufficiency of which are hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT A ENCROACHMENT EXHIBIT SHOWING PROPOSED BULKHEAD,WHARF, DOCK, BOATHOUSE AND EXISTING DOCK & WALK FOR DAVID EDWARD LAMONTAGNE, JR. TRUSTEE OF THE DAVID EDWARD LAMONTAGNE, JR. DECLARATION OF TRUST AGREEMENT DATED JUNE 16, 2020 LOCATED ON LOT 74, CHELSIA M.B. 96, PG. 5 CITY OF VIRGINIA BEACH, VIRGINIA," Scale: 1" = 50', dated August 8, 2024, and revised through December 3, 2024, prepared by Gallup Surveyors & Engineers, a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. 2 Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents, and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood that any existing encroachments referenced in the attached Exhibit or in this Agreement are the ongoing maintenance 3 obligation of the Grantee and the City disclaims any ownership interest or maintenance obligation of such encroachments. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00, per person injured and property damage per incident, combined. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed 4 to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, DAVID EDWARD LAMONTAGNE, JR., TRUSTEE OF THE DAVID EDWARD LAMONTAGNE JR., DECLARATION OF TRUST AGREEMENT, DATED JUNE 16, 2020, the said Grantee, has caused this Agreement to be executed by his signature. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 5 CITY OF VIRGINIA BEACH By: (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 202_, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public My Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 202_, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public My Notary Registration Number: My Commission Expires: 6 DAVID EDWARD LAMONTAGNE JR., TRUSTEE OF THE DAVID EDWARD LAMONTAGNE, JR., DECLARATION OF TRUST AGREEMENT, DATED JUNE 1 2020 By: David E. La gne, Trustee STATE OF 11 in te. ITY OUNTY The foregoing instrument was acknowledged before me this day of �e-bi'c -tom 202,5 by David Edward Lamontagne, Jr., Trustee of the David 000aeoo �, Edward LaMontagne, Jr., Declaration of Trust Agreement, dated June 16, 4- C0��, ' Notary Public OF a My Notary Registration Numbe : g`� �(�'t rq. 'IfI01% � My Commission Expires: �31 '-)ban APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM JUBILIC WO S - REAL ESTATE 4UD �W�ATTORNEY J 7 LINE OF 25% LOT 98 2 OF WATERWAY I 3 B. 96, PG. 5 LOT 96 LOT 97 5 LOT 99 M.B. 96, PG. 5 EX. FLOATING DOCK M.B. 96, PG. 5 SEE SHEET 8 PROPOSED DOCK� M.B. 96, PG. 5 NAGE & 0 SEE SHEET 7 CANAL EASEMENT PROPOSED M.B. 96, PG 5 BOATHOUSE SEE SHEET 6 EX. BOAT PROPOSED BULKHEAD PRO�'OS SEE SHEETS 2&3 SEE SHEE S 4,& 5U0 5 QG. Z 96 w a SWIMMING POOL (0 M 8 rn (00 UJI EX. PAVERS SEE SHEET 8 ?"' LOT 75 Uj M.B. 96, PG. 5 3I 2 STORY m BRICK & FRAME 1832 LOT 73 M �L� M.B. 96, PG. 5 LO LOT 74 SEE SHEET 9 FOR Z I.N. 202403050455 �pLTy O CURVE& LINE TABLES GPIN: 1499-84-4952 813.2B' TO o qD UTLER PLACE F1 QUEENS ELM ^ ` c.No.38395 ` DUKE OF YORK QUAY (50' RNA\ ONAL ECG M.B. 96, PG. 5 0 50 100 EXHIBIT A ENCROACHMENT EXHIBIT SHOWING Sheet Name: Overall Sheet: 1 of 9 PROPOSED BULKHEAD, WHARF, DOCK, Scale: 1"=50' Date:Aug. 8, 2024 Rev. Dec. 3, 2024 BOATHOUSE AND EXISTING DOCK &WALK GALLUP FOR DAVID EDWARD LaMONTAGNE, JR. TRUSTEE OF SURVEYORS & ENGINEERS THE DAVID EDWARD LaMONTAGNE, JR. DECLARATION 323 FIRST COLONIAL ROAD OF TRUST AGREEMENT DATED JUNE 16, 2020 VIRGINIA BEACH,VIRGINIA 23454 LOCATED ON LOT 74, CHELSIA M.B. 96, PG. 5 (757)428-8132(757)425-2390 FAX CITY OF VIRGINIA BEACH, VIRGINIA W:\Lamontagne,David 1832 Duke of York Quay\Drawings\24-10 Exhibit.dwg,12/9/2024 11:27:15 AM MATCHLINE- SEE SHEET 2 c°o �► M M O / M LOT 97 M.B. 96, PG. 5 6.90' 14.03'—, �Zo �. �c) 1 � VINYL r BULKHEAD (52)8" rrn TIE BACK WOOD PILE 0 TYPICAL TYPICAL cn •a 1 Nt 1 A C N LOT 96 M.B. 96, PG. 5 4Q.00' 1 r_ 1 m 0 tXLT11 Op I Ll N O i U DA W. UTLER 0 7.87' i_ 1 0 `I c.No.38395 9.30' 20.26' 10.85' �SSIONAL E� N65'S3'4LINE OF PILES 268.76' 1 LOT 75 M.B. 96, PG. 5 0 10 20 EXHIBIT A ENCROACHMENT EXHIBIT SHOWING Sheet Name: Overall Sheet: 3 of 9 PROPOSED BULKHEAD, WHARF, DOCK, Scale: 1"=10' Date:Aug. 8, 2024 BOATHOUSE AND EXISTING DOCK &WALK GALLUP FOR DAVID EDWARD LaMONTAGNE, JR. TRUSTEE OF SURVEYORS& ENGINEERS THE DAVID EDWARD LaMONTAGNE, JR. DECLARATION 323 FIRST COLONIAL ROAD OF TRUST AGREEMENT DATED JUNE 16, 2020 VIRGINIA BEACH,VIRGINIA 23454 LOCATED ON LOT 74, CHELSIA M.B. 96, PG. 5 (757)428-8132(757)425-2390 FAX CITY OF VIRGINIA BEACH, VIRGINIA W:\Lamontagne,David 1832 Duke of York Quay\Drawings\24-10 Exhibit.dwg,12/9/2024 11:27:15 AM LOT 73 LOT 99\ S54.48. LINE OF P'L M.B. 96, PG. 5 12.00, 5g E Es M.B. 96, PG. 5 LTItOF \ oy 2025,. 163,g2, o� Gf ►� 7.89. �r 7.18' O u DAt� UTLER / `I c.No. 38395 VINYL try NAL E y BULKHEAD 4� ^o, TIE BAC 2� �O TYPICAL v LOT 98 = M.B. 96, PG. 5 / ^o 40 N h (52) 8" h / 4QOO, WOOD PILE i a 4.8Sr TYPICAL ear Q 0 1 S.38, LOT 97 M.B. 96, PG. 5 6, � �I s Cd CIS M M 0 10 20 MATCHLINE- SEE SHEET 3 EXHIBIT A ENCROACHMENT EXHIBIT SHOWING Sheet Name: Bulkhead Sheet: 2 of 9 PROPOSED BULKHEAD, WHARF, DOCK, Scale: 1"=10' T Date:Aug. 8, 2024 BOATHOUSE AND EXISTING DOCK &WALK GALLUP FOR DAVID EDWARD LaMONTAGNE, JR. TRUSTEE OF SURVEYORS ENGINEERS THE DAVID EDWARD LaMONTAGNE, JR. DECLARATION 323 FIRST COLONIAL ROAD OF TRUST AGREEMENT DATED JUNE 16, 2020 VIRGINIA BEACH,VIRGINIA 23454 LOCATED ON LOT 74, CHELSIA M.B. 96, PG. 5 (757)428-8132(757)425-2390 FAX CITY OF VIRGINIA BEACH, VIRGINIA W:\Lamontagne,David 1832 Duke of York Quay\Drawings\24-10 Exhibit.dwg,12/9/2024 11:27*15 AM LOT 73 \ Lp�g S54.48'5g a �M.B. 96, PG. 5 E M.B. 96, PG. 5 �4V NLTIi Off, 12.51' �5•13, 1� 63.92' G 22.45, O u DA - UTLER / `I c.No.38395 �SSJONAL ECG` io PROPOSED `� WHARF LOT 98 M.B. 96, PG. 5 �W h 4Q00, _�40 S•68, O C� LOT 97 M.B. 96, PG. 5 6, h s M h 0 10 20 MATCHLINE- SEE SHEET 3 EXHIBIT A ENCROACHMENT EXHIBIT SHOWING Sheet Name: Wharf Sheet: 4 of 9 PROPOSED BULKHEAD, WHARF, DOCK, Scale: 1"=10' Date: Aug. 8, 2024 BOATHOUSE AND EXISTING DOCK & WALK GALLUP FOR DAVID EDWARD LaMONTAGNE, JR. TRUSTEE OF SURVEYORS& ENGINEERS THE DAVID EDWARD LaMONTAGNE, JR. DECLARATION 323 FIRST COLONIAL ROAD OF TRUST AGREEMENT DATED JUNE 16, 2020 VIRGINIA BEACH,VIRGINIA 23454 LOCATED ON LOT 74, CHELSIA M.B. 96, PG. 5 (757)428-8132(757)425-2390 FAX CITY OF VIRGINIA BEACH,VIRGINIA W:\Lamontagne,David 1832 Duke of York Quay\Drawings\24-10 Exhibit.dwg,12/9/2024 11:27:1 S AM MATCHL/NE- SEE SHEET 2 LOT 97 M.B. 96, PG. 5 0 7.75' 5.10' �yry 'W PROPOSED 01 WHARF N tD Q' v LOT 96 M.B. 96, PG. 5 40.00' tx TH op G1 O O � v v DA W,- UTLER `I c.No. 38395 9.86' 5.08 25.47' �SSIONAL E N65'53'44"W 268.76' 1 LOT 75 M.B. 96, PG. 5 0 10 20 EXHIBIT A ENCROACHMENT EXHIBIT SHOWING Sheet Name: Wharf Sheet: 5 of 9 PROPOSED BULKHEAD, WHARF, DOCK, Scale: 1"=10' Date:Aug. 8, 2024 BOATHOUSE AND EXISTING DOCK &WALK GALLUP FOR DAVID EDWARD LaMONTAGNE, JR. TRUSTEE OF SURVEYORS & ENGINEERS THE DAVID EDWARD LaMONTAGNE, JR. DECLARATION 323 FIRST COLONIAL ROAD OF TRUST AGREEMENT DATED JUNE 16, 2020 VIRGINIA BEACH,VIRGINIA 23454 LOCATED ON LOT 74, CHELSIA M.B. 96, PG. 5 (757)428-8132(757)425-2390 FAX CITY OF VIRGINIA BEACH, VIRGINIA W:\Lamontagne,David 1832 Duke of York Quay\Drawings\24-10 Exhibit.dwg,12/9/2024 11:27:16 AM LOT 99 LOT 73 \ M.B. 96, PG. 5 S54•48'59„E M.B. 96, PG. 5 �39 163.92, �tALTH Op O M O � u DAI IWRO 3UTLER > O ` c.No. 8395 �SSIONAL ECG` 0o O Mo O 0 M PROPOSED BOAT HOUSE LOT 98 O o0 M.B. 96, PG. 5 O a Mo oQ� O O � 81j' ON 0 6 12 EXHIBIT A ENCROACHMENT EXHIBIT SHOWING Sheet Name: Boathouse Sheet: 6 of 9 PROPOSED BULKHEAD, WHARF, DOCK, Scale: 1"=6' Date: Aug. 8, 2024 BOATHOUSE AND EXISTING DOCK & WALK GALLUP FOR DAVID EDWARD LaMONTAGNE, JR. TRUSTEE OF SURVEYORS & ENGINEERS THE DAVID EDWARD LaMONTAGNE, JR. DECLARATION 323 FIRST COLONIAL ROAD OF TRUST AGREEMENT DATED JUNE 16, 2020 VIRGINIA BEACH,VIRGINIA 23454 LOCATED ON LOT 74, CHELSIA M.B. 96, PG. 5 (757)428-8132(757)425-2390 FAX CITY OF VIRGINIA BEACH, VIRGINIA W:\Lamontagne,David 1832 Duke of York Quay\Drawings\24-10 Exhibit.dwg,12/9/2024 11:27:16 AM 2,52r �NLTIJOF O 6.35'-_ O G! N U c� 5 68, a DA - UTLER rn `I c.No. 38395 O .0 ;01 �SSIONAL E�G� ah =tea o � O N PROPOSED o o DOCK � � M co M h O � M LOT 97 M.B. 96, PG. 5 0•60•_�_ 7.40- o� o� A r 0 8 16 EXHIBIT A ENCROACHMENT EXHIBIT SHOWING Sheet Name: Dock Sheet: 7 of 9 PROPOSED BULKHEAD, WHARF, DOCK, Scale: 1"=8' Date:Aug. 8, 2024 BOATHOUSE AND EXISTING DOCK & WALK GALLUP FOR DAVID EDWARD LaMONTAGNE, JR. TRUSTEE OF SURVEYORS S ENGINEERS THE DAVID EDWARD LaMONTAGNE, JR. DECLARATION 323 FIRST COLONIAL ROAD OF TRUST AGREEMENT DATED JUNE 16, 2020 VIRGINIA BEACH,VIRGINIA 23454 LOCATED ON LOT 74, CHELSIA M.B. 96, PG. 5 (757)428-8132(757)425-2390 FAX CITY OF VIRGINIA BEACH, VIRGINIA W:\Lamontagne,David 1832 Duke of York Quay\Drawings\24-10 Exhibit.dwg,12/9/2024 11:27:16 AM EALTN of G U DA2� UTLER `I c.No. 38395 24.33' Off, 8 SIGNAL E� w 2S.Sl, °' to o+ EX. BRICK PAVERS 25.38. `QDR 40.00' w�o l� Zi 1,16 8.38 .� t, N EX. FLOATING DOCK z� SEE SHEET 8 0 1�k y (5` 3 g9, N 4.75' N N 0 N65'53'44"W 268.76' LOT 96 M.B. 96, PG. 5 I LOT 75 M.B. 96, PG. 5 0 8 16 EXHIBIT A ENCROACHMENT EXHIBIT SHOWING Sheet Name: EX. DOCK&WALK Sheet: 8 of 9 PROPOSED BULKHEAD, WHARF, DOCK, Scale: 1"=8' Date:Aug. 8, 2024 BOATHOUSE AND EXISTING DOCK & WALK GALLUP FOR DAVID EDWARD LaMONTAGNE, JR. TRUSTEE OF SURVEYORS& ENGINEERS THE DAVID EDWARD LaMONTAGNE, JR. DECLARATION 323 FIRST COLONIAL ROAD OF TRUST AGREEMENT DATED JUNE 16, 2020 VIRGINIA BEACH,VIRGINIA 23454 LOCATED ON LOT 74, CHELSIA M.B. 96, PG. 5 (757)428-8132(757)425-2390 FAX CITY OF VIRGINIA BEACH, VIRGINIA W:\Lamontagne,David 1832 Duke of York Quay\Drawings\24-10 Exhibit.dwg,12/9/2024 11:27:16 AM ���ALTR OF 1. THIS PLAN WAS PERFORMED WITHOUT THE BENEFIT OF A TITLE REPORT. G! 2. THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT REQUEST ONLY. 3. THIS PLAN IS BASED UPON A PHYSICAL SURVEY PREPARED BY: ROUSE SIRINE ASSOCIATES, LRD. O DATED: 7-20, 1979 v DAZE UTLER 4. THE CITY OF VIRGINIA BEACH IS NOT RESPONSIBLE FOR VERIFICATION OF `IYc.No. 38395 RESTRICTIONS REQUIRED BY OTHER ASSOCIATIONS OR AGENCIES. LINE TABLE ��SSIONAL ECG` LINE BEARING DISTANCE L1 N15'55'1YE 50.40' L2 N39'03'25"E 87.08' CURVE TABLE CURVE DELTA RADIUS LENGTH TANGENT CHD BEARING CHORD C1 07'09'59" 400.00' 50.03' 25.05' S27'39'15"W 50.00' ADJACENT OWNERS KEY OWNER INSTRUMENT LEGAL INSTRUMENT GPIN BRENDA A. HARMON D.B. 4162, PG. 428 LOT 75, M.B. 96, 1499-84-4811 CHELSEA PG. 5 LAWRENCE L. BRADY & I.N. 20080602000637800 LOT 96, M.B. 96, 1499-84-1992 MELODIE A. BRADY CHELSEA PG. 5 JOSEPH S. DONNELL, III I.N. 20070122000097200 LOT 97, M.B. 96, 1499-85-2004 5 FRANKLIN P. EARLEY & D.B. 3102, PG. 29 LOT 98, M.B. 96, 1499-85-1194 SUSAN T. EARLEY CHELSEA PG. 5 5 ERIC T. JOHNSON & I.N. 20150324000249910 LOT 99, M.B. 96, 1499-85-3126 COURTNEY L. JOHNSON CHELSEA PG. 5 JOHN J. TUTE & LOT 73 & M.B. 96, DOROTHY M. TUITE D.B. 3206, PG. 1637 PART OF LOT PG. 5 1499-84-5939 74, CHELSEA EXHIBIT A ENCROACHMENT EXHIBIT SHOWING Sheet Name: Notes Sheet: 9 of 9 PROPOSED BULKHEAD, WHARF, DOCK, Scale: NA Date: Aug. 8, 2024 BOATHOUSE AND EXISTING DOCK & WALK GALLUP FOR DAVID EDWARD LaMONTAGNE, JR. TRUSTEE OF SURVEYORS & ENGINEERS THE DAVID EDWARD LaMONTAGNE, JR. DECLARATION 323 FIRST COLONIAL ROAD OF TRUST AGREEMENT DATED JUNE 16, 2020 VIRGINIA BEACH,VIRGINIA 23454 LOCATED ON LOT 74, CHELSIA M.B. 96, PG. 5 (757)428-8132(757)425-2390 FAX CITY OF VIRGINIA BEACH, VIRGINIA W:\Lamontagne,David 1832 Duke of York Quay\Drawings\24-10 Exhibit.dwg,12/9/2024 11:2716 AM N SNpRE�,�L w E SITE S 80' DRAINAGE & CANAL / EASEMENT N / Q � _ O c Z 20' DRAINAGE EASEMENT �`�� 10' DRAINAGE & UTILITY O r ' ,���_ \ EASEMENT ' 10' DRAINAGE & UTILITY f EASEMENT 1 LOCATION MAP ENCROACHMENT REQUEST FOR Legend THE DAVID EDWARD LAMONTAGNE, JR., DECLARATION OF TRUST 1499-84-4952 1832 DUKE OF YORK QUAY Easement Lines GPIN : 1499-84-4952 Feet City Properties 0 50 100 200 Dre —A h.. II/DU//Fnn/r, Q--CZ—. ve D.......1N1dYNNA v..nnnnn,_.__..,n._r..__.n�rinn nnncnn e ,rncmnn on nnrn....a v A0. •a JL lj�g-j 80' DRAINAGE&'CANAL .�< EASEMENT ?' : ter.` •,.•B.. 37 - �j� �r "_ • . '�;` 7 - �. ., OTC ter,. /�. 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'Y , 'IY`•4s . _ y .y a tw.. t ,� � «.� �i �: ; err, .' .s'-__,,�,,� •°''� *. 3 � ' vAir AOILIMF- i Y` f r t,` { ,x �Pr `• � .r Yam._ VB (71TY OF VIRGINIA Disclosure 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. SECTIONAPPLICANT DISCLOSURE APPLICANT INFORMATION Applicant Name: as listed on application David LaMontagne Is Applicant also the Owner of the subject property? YesQ NoQ If no, Property Owner must complete SECTION 2: PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative? Yes(j) No(:) If yes, name Representative: Gallup Surveyors and Egineers Is Applicant a corporation, partnership,firm, business,trust or unincorporated business? YesoNoO 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 1 relationship with the applicant. (Attach list if necessary.) Does the subject property have a proposed or pending purchaser? Yes U 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 No@ 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, Q 0 Newrez LLC cross-collateralization, etc.) Real Estate Broker/Agent/Realtor 0 e Disclosure Statement l rev. M a y-2024 page 1 of 3 SECTION • • • •SURE continued SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual Accounting/Tax Return Preparation 0 Architect/Designer/Landscape O O Architect/Land Planner Construction Contractor 0 Engineer/Surveyor/Agent (S) 0 Gallup Surveryors and Engineers Legal Services 01 0 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. David LaMontagne �7,f03/06/2025 Applicant Name (Print) Applicant ' nature Date 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. z "Affiliated business entity relationship"means "a relationship, other than parent-subsidiary relationship, that exists when(i)one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the 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 shore 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 SECTION 2: PROPERTY PROPERTY OWNER INFORMATION Property Owner Name: as listed on application David Edward LaMontagne Jr Trust — Is the Owner a corporation,partnership,firm,business,trust,or unincorporated business? Yeses Noo 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 zrelationship with the applicant. (Attach list if necessary.) David LaMontagne Does the subject property have a proposed or pending purchaser? Yeso NoQ 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 e No 0 If yes, name the olficiai or empievee, 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, O O Newrez LLC cross-collateralization, etc.) Real Estate Broker/Agent/Realtor O Accounting/Tax Return Preparation e Architect/Designer/Landscape O O Architect/Land Planner Construction Contractor O Engineer/Surveyor/Agent 0 e Gallup Surveyers and Egineers Legal Services e 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 4od94r commi in c nection with this application. David LaMontagne 03/06/2025 Property Owner Name (Print) Property ner Signature Date Disclosure Statement I rev. M a y-2024 page 3 of 3 �Hia e� �u CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate $555,750 in Stormwater Local Assistance Fund Funding to Capital Project 100391 , "Southern Rivers Watershed" MEETING DATE: March 18, 2024 ■ Background: The Virginia Department of Environmental Quality (DEQ) has approved $555,750 in Stormwater Local Assistance Fund (SLAF) funding for the Salem Village Park Water Quality Improvement project. The SLAF program provides matching grant funds to local governments in Virginia for the planning, design, and implementation of stormwater best management practices (BMPs) that address cost efficiency and commitments related to reducing water quality pollutant loads. The Salem Village Park Water Quality Improvement project will install a membrane filtration device and diversion structure with weir to provide filtering of stormwater discharges. The site is located at 1712 Moonstone Drive at Salem Village Park. The manufactured treatment devices will be placed below ground in a grassy area south of the pedestrian entrance to the park. The purpose of the project is to improve water quality in local waterways through total phosphorous removal, with the pollutant removal benefits being used in the implementation of the City's Phosphorus Total Maximum Daily Load Action Plan. This project is funded under Capital Project 100391 "Southern Rivers Watershed" within the City's Capital Improvement Program Stormwater Section. The Southern Rivers Watershed project is for the implementation of water quality improvement projects within the Southern Rivers watershed to support the City's required pollutant load reductions and help to prevent future water quality impairments. ■ Considerations: The award from DEQ is $555,750. The City will provide a match for the remaining project costs through previously appropriated funds available in Capital Project 100391, "Southern Rivers Watershed" for the local portion. Funds will be distributed to the City on a reimbursement basis. ■ Public Information: Normal City Council agenda process. ■ Recommendations: Adopt the attached ordinance. ■ Attachments: Ordinance, Project Detail Sheet, and Location Map Recommended Action: Approval Submitting Department/Agency: Department of Public Works City Manager:�w 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 $555,750 IN STORMWATER LOCAL ASSISTANCE 3 FUND FUNDING TO CAPITAL PROJECT 100391 , 4 "SOUTHERN RIVERS WATERSHED" 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 1) $555,750 is hereby accepted from the Virginia Department of Environmental 10 Quality and appropriated, with state revenues increased accordingly, to the FY 11 2024-25 Capital Improvement Program to Capital Project #100391, "Southern 12 Rivers Watershed." 13 14 2) The City Manager or his designee is hereby authorized to enter into any necessary 15 agreements associated with project development for Project #100391 consistent 16 with the grant award. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2025. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: L_ cbyjk� /,_7 - -- B dget and Management Services i orney's Office CA16827 R-1 March 5, 2025 Fiscal Years FY25 through FY30 Capital Improvement Program Project:PG100391 itle:Southern Rivers Watershed tatus:Approved Category:Storm Water Department:Public Works Project Type Project Location Project Type:New Facility Construction/Expansion istrict:2 Programmed Funding Programmed Appropriated Budgeted Non-Appropriated Programmed CIP Funding Funding Funding To Date FY25 FY26 FY27 FY28 FY29 FY30 Future 7,510,000 2,970,000 485,000 250,000 250,000 225,000 1,580,00 1,750,00 Description This project is for the implementation of water quality improvement projects within the Southern Rivers watershed.These water quality improvement projects may consist of new stormwater management facilities from the Virginia BMP Clearinghouse,new practices allowed through the Chesapeake Bay Program BMP Expert Panel Reports,and modifications to existing stormwater management facilities to improve pollutant removal efficiency.This project will also fund necessary acquisition of easements or property for the construction of the stormwater management facilities.The project includes associated storm drainage system improvements for the performance of the stormwater management facility.The projects will be implemented to reduce pollutants from existing developed areas especially areas that are not treated by existing stormwater management facilities.This watershed is part of the Albemarle Sound and includes North Landing River,West Neck Creek and Back Bay watersheds.Some projects currently planned include the Brigadoon Wet Pond,Bellamy Woods,and the Salem Village Water Quality Improvement Projects. Purpose The City is regulated through a Municipal Separate Storm Sewer System(MS4)permit to discharge stormwater from its system to local waterways.The MS4 permit is issued by the Virginia Department of Environmental Quality(DEQ)under authority of the Environmental Protection Agency and the Clean Water Act(CWA).The CWA requires that all streams,rivers,and lakes meet water quality standards for recreation/swimming,aquatic life,wildlife,fish consumption,shellfish consumption,and public water supply.The Virginia Department of Environmental Quality(DEQ)identifies impaired waterways and schedules the development of Total Maximum Daily Loads(TMDLs).DEQ has developed five TMDLs for phosphorus and bacteria in this watershed. Projects implemented in this watershed will support the City's required pollutant load reductions and help to prevent future water quality impairments in the Southern Rivers watershed.This project supports the City ordinance to protect,enhance,and restore the quality of waters within the Southern Rivers watershed. History and Current Status This project first appeared in the FY 2011-12 CIP.This project was originally included in project 7-183 Storm Water Quality Enhancements and was separated out as a stand-alone CIP project in FY 2011-12.This project was previously titled Southern Rivers TMDL Implementation Plan and in FY 2019- 20 the project title was revised to Southern Rivers Watershed. Operating FY25 FY26 FY27 FY28 FY29 FY30 Total Operating Budget Impacts Total FTE Project • Schedule of Project Activities From-To Amount Inspections and Support 07/24-06/30 450,000 Design 06/11-06/30 1,600,000 Site Acquisition 06/11-06/30 1,000,000 Private Utility Adjustments 06/11-06/30 200,000 Construction 06/11-06/30 3,700,000 Contingencies 06/11-06/30 560,000 •100391 Total Budgetary Cost Estimate: 7,510,000 Means of Financing Funding Subclass Amount Local Funding 7,510,000 Total Funding: 7,510,000 W l; 2� sp�j Z �� REAM PKWY S w Z'A FERREL•L gti���-�o��-ENO✓ PW LY PW AVE I SITE F7 TOP'6z m G I N E�l o � w SALEM VILLAGE PARKLU / _ � 0 O p I � � a D Dp,RiNE`�R `' AQUAM LOCATION MAP Legend SALEM VILLAGE PARK WATER QUALITY IMPROVEMENT PROJECT SOUTHERN RIVERS WATERSHED CIP #100391 aCity Property 0 100 200 Water Quality Improvement Project Location l Feet rAnarn hw VV V nn nn i rnnn onnrPcR i..PT i RTRrn�nr c rr r t+c anc anc ann CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Pertaining to the Membership of the Active Transportation Advisory Committee MEETING DATE: March 18, 2025 ■ Background: The Active Transportation Advisory Committee ("ATAC") currently consists of 12 voting members and two student members, including a councilmember, a Planning Commission member, and a Parks and Recreation Commission member. During their January 2025 meeting, the ATAC unanimously voted to request that the City Council amend its membership to remove the members of the City Council, Planning Commission, and Parks and Recreation Commission, all of whom the Council had designated as non-voting members, and instead provide that the Council, the Planning Commission, and the Parks and Recreation Commission each designate a member to serve as a liaison to the committee. This ordinance removes the councilmember as a member of the committee. Instead, councilmembers will be designated by the City Council to serve as a liaison to the board, which is consistent with the recommendations of the Citizens Committee on Boards and Commissions. The ordinance also provides that the Planning Commission and the Parks and Recreation Commission shall designate one of their members to serve as a liaison to the committee, rather than being appointed as members of the committee. That change also is consistent with the Citizens Committee's recommendation that boards, commissions, and other appointive agencies designate a member to serve as a liaison to other boards and agencies, as opposed to such representatives being appointed by the City Council as a member of the other board. ■ Considerations: During its last retreat, the City Council discussed the role of councilmember liaisons and requested ordinances to modify the membership of boards and commissions that currently include councilmembers as members. ■ Public Information: This item will be advertised in the same manner as other agenda items. ■ Attachment: Ordinance. Requested by the Active Transportation Advisory Committee 1 AN ORDINANCE PERTAINING TO THE MEMBERSHIP OF 2 THE ACTIVE TRANSPORTATION ADVISORY COMMITTEE 3 4 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 5 VIRGINIA, THAT 6 7 1. The Active Transportation Advisory Committee ("ATAC") shall be comprised of 8 nine members who are residents of Virginia Beach with diverse geographical 9 representation and active transportation interests as defined in the Active 10 Transportation Plan, and the terms of such members shall be three years: 11 12 2. Two high school members also shall be appointed to participate in a non-voting 13 capacity for one-year terms on a fiscal year basis, beginning July 1st and ending 14 June 301h of the following year; 15 16 3. The Planning Commission and the Parks and Recreation Commission shall 17 designate one of their members to serve as a liaison to the committee, and the 18 City Council will designate one or two councilmembers to serve as liaisons to the 19 committee, 20 21 4. The liaisons are not members of the committee; and 22 23 5. A quorum of the ATAC shall be defined as a majority of then-appointed voting 24 members. but no less than three members. 25 26 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 27 , 2025. APPROVED AS TO LEGAL SUFFICIENCY. City Attorney's Office CA 16854 R-4 March 12, 2025 Nu es� bl N S s j 4=•s - �l l VK-v CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Pertaining to the Membership of the Advertising Advisory Committee MEETING DATE: March 18, 2025 ■ Background: The Advertising Advisory Committee currently consists of 14 voting members and 6 non-voting ex officio members, including two City Council members. This ordinance removes the councilmembers as members of the committee. Instead, two councilmembers will be designated by the City Council to serve as liaisons to the Committee, which is consistent with the recommendations of the Citizens Committee on Boards and Commissions. ■ Considerations: During its last retreat, the City Council discussed the role of councilmember liaisons and requested ordinances to modify the membership of boards and commissions that currently include councilmembers as members. ■ Public Information: This item will be advertised in the same manner as other agenda items. ■ Attachment: Ordinance. Requested by the City Council 1 AN ORDINANCE PERTAINING TO THE 2 MEMBERSHIP OF THE ADVERTISING 3 ADVISORY COMMITTEE 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA, THAT: 7 8 1. The membership of the Advertising Advisory Committee shall consist of the 9 following fourteen voting members: 10 11 . Two members of the Virginia Beach Hotel Association (which may include 12 the Association President or members with advertising, marketing, or media 13 experience; provided, however, that one of the two members shall be a 14 representative of a hotel that is not located in the Resort Area); 15 • Two members of the Virginia Beach Restaurant Association (which may 16 include the Association President or members with advertising, marketing, or 17 media experience; provided, however, that one of the two members shall be 18 a representative of a restaurant that is not located in the Resort Area); 19 . A member of the arts and culture community (which may include 20 representation from festivals/live events, museums, arts districts, cultural 21 centers, art studios, or similar entities); 22 . A retail industry representative (Citywide); 23 . A representative of the Resort Advisory Commission; 24 . A cottage/rental industry representative; 25 . A Central Business District Association representative; 26 • A representative of the Shore Drive Corridor/Bayfront Area; 27 . A sports industry representative; 28 . Two citizen members with advertising, marketing, or media experience; and 29 . A resident of the City. 30 31 2. The Committee shall also include the following four non-voting ex officio 32 members: 33 34 . The Director of the Convention and Visitors Bureau; 35 • The Executive Director of the Virginia Beach Hotel Association; 36 . The Executive Director of the Virginia Beach Restaurant Association; and 37 . A representative of the Virginia Beach Chamber of Commerce. 38 39 3. The non-voting ex officio members will not be appointed for terms. They shall 40 not be counted for purposes of determining a quorum, and they shall not be subject to 41 the attendance requirements set forth in City Code § 2-3.1. 42 43 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 44 , 2025. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's O CA16829 R-2 March 6, 2025 2 Nu�� 4 hk CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend Section 2-469 of the City Code Pertaining to Membership of the Audit Committee MEETING DATE: March 18, 2025 ■ Background: The Audit Committee currently consists of 5 members, including two non-voting councilmembers. This ordinance removes the councilmembers as members. Instead, the City Council will designate councilmembers to serve as liaisons to the committee. ■ Considerations: During its last retreat, the City Council discussed the role of councilmember liaisons and requested ordinances to modify the membership of boards and commissions that currently include councilmembers as members. This ordinance also includes a housekeeping edit that removes obsolete text regarding the initial appointments to the committee that were made in 2013. ■ Public Information: This item will be advertised in the same manner as other agenda items. ■ Attachments: Ordinance Requested by the City Council 1 AN ORDINANCE TO AMEND CITY CODE SECTION 2 2-469 PERTAINING TO MEMBERSHIP OF THE 3 AUDIT COMMITTEE 4 5 SECTION AMENDED: § 2-469 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 8 BEACH, VIRGINIA: 9 10 That Section 2-469 of the Code of the City of Virginia Beach, Virginia, is hereby 11 amended and reordained to read as follows: 12 13 Sec. 2-469. Audit committee. 14 15 (a) To ensure independence of the audit function, an audit committee is 16 hereby established. The audit committee shall consist of five 17 three (3) voting citizen members, who shall 18 be appointed by the council. At least one (1) of the citizen members shall be a 19 licensed certified public accountant, and the other two (2) citizen-members shall 20 have a background in finance, accounting, and/or auditing. Of these fifst 21 22 feF a term ef two (2) years; one (1) for a term ef three (3) yeaFs; and theFeafter-� 23 A_appointments shall be for a term of three (3) years. 24 25 (b) The audit committee shall consult with the city auditor regarding technical 26 issues and work to assure maximum coordination between work of the office of 27 the city auditor and external audit efforts. 28 29 (c) The audit committee shall meet as needed to perform its duties but shall 30 not meet less than three (3) times annually and shall be responsible for: 31 32 (1) Reviewing the city auditor's annual plan and budget before 33 submission to council. 34 (2) Reviewing audit reports upon issuance; 35 (3) Monitoring follow-up on reported findings to assure corrective 36 action is taken; 37 (4) Reporting to council on problems or problem areas at such times as 38 deemed appropriate; 39 (5) Performing an evaluation of the city auditor annually and reporting 40 the results of the evaluation and effectiveness of the audit function 41 to council; 42 (6) Reviewing reports of the external auditors; and 43 (7) Evaluating the findings and recommendations of the peer review of 44 the audit function as required by Government Auditing Standards. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2025. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA16819 R-1 February 18, 2025 fF j ""�•i'F CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend the Membership of the Bayfront Advisory Commission MEETING DATE: March 18, 2025 ■ Background: The Bayfront Advisory Commission currently consists of 12 citizens of Bayfront area and four non-voting ex-officio members: the Planning Commission members and the City Council members from the 8th and 9th Election Districts. The membership also may include up to five high school students who reside in Election District 8 or Election District 9, or who are enrolled in the Virginia Beach City Public Schools Environmental Studies Program at the Brock Environmental Center. This ordinance removes the councilmembers as members of the commission. Instead, councilmembers will be designated by the City Council to serve as liaisons to the board, which is consistent with the recommendations of the Citizens Committee on Boards and Commissions. ■ Considerations: During its last retreat, the City Council discussed the role of councilmember liaisons and requested ordinances to modify the membership of boards and commissions that currently include councilmembers as members. ■ Public Information: This item will be advertised in the same manner as other agenda items. ■ Attachment: Ordinance. Requested by the City Council 1 AN ORDINANCE TO AMEND THE MEMBERSHIP 2 OF THE BAYFRONT ADVISORY COMMISSION 3 4 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 5 VIRGINIA: 6 7 That the membership of the Bayfront Advisory Commission shall include twelve 8 (12) citizens of the Bayfront area and two (2) non-voting ex-officio members: the 9 Planning Commission members from the 8th and 9th Election Districts. The membership 10 also may include up to five (5) high school students who reside in Election District 8 or 11 Election District 9, or who are enrolled in the Virginia Beach City Public Schools 12 Environmental Studies Program at the Brock Environmental Center. Student members 13 shall be appointed for a term of one year, and they shall be non-voting members. To 14 align students' terms with the academic year, when feasible, the City Council will 15 appoint student members for a term that begins on July 1 and ends on June 30. A 16 majority of the appointed voting members shall constitute a quorum. 17 18 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 19 2025. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA16849 R-1 March 4, 2025 +u ems, i� o '♦ :1 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend Section 6-162 of the City Code Pertaining to the Membership of the Beaches and Waterways Advisory Commission MEETING DATE: March 18, 2025 ■ Background: The Beaches and Waterways Advisory Commission currently consists of 11 members: one member from each of the City's ten election districts and one resident at large. During their February meeting, the Beaches and Waterways Advisory Commission voted to request that the City Council add two non-voting student members to the commission. ■ Considerations: This ordinance would add two non-voting student members to the commission and provides that student members will be appointed for one-year terms, beginning July 1 and ending June 30. ■ Public Information: Normal Council agenda process. ■ Attachment: Ordinance Requested by the Beaches and Waterways Advisory Commission 1 AN ORDINANCE TO AMEND SECTION 6-162 OF THE 2 CITY CODE PERTAINING TO THE MEMBERSHIP OF 3 THE BEACHES AND WATERWAYS ADVISORY 4 COMMISSION 5 6 SECTION AMENDED: § 6-162 7 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 9 VIRGINIA: 10 11 That Section 6-162 of the Code of the City of Virginia Beach, Virginia, is hereby 12 amended and reordained to read as follows: 13 14 Sec. 6-162. Composition; terms of members. 15 16 The commission shall be comprised of elo%*7 thirteen (13) members, with one 17 member being appointed by the city council from the residents of each of the election 18 districts of the city, two non-voting students, and with the re mber or meMbero 19 appointed frem the a residents of the City at large. Members shall be appointed for terms 20 of three (3) years, except the student members, who shall be appointed for one-year 21 terms, beginning July 1 and ending June 30. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2025. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA16855 R-2 March 13, 2025 y� �T S) C4 1 `JjJ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Pertaining to the Membership of the Community Organization Grant Review and Allocation Committee MEETING DATE: March 18, 2025 ■ Background: The Community Organization Grant Review and Allocation Committee currently consists of 10 members, including a City Council member. This ordinance removes the councilmember as a member of the committee. Instead, councilmembers will be designated by the City Council to serve as liaisons to the committee, which is consistent with the recommendations of the Citizens Committee on Boards and Commissions. ■ Considerations: During its last retreat, the City Council discussed the role of councilmember liaisons and requested ordinances to modify the membership of boards and commissions that currently include councilmembers as members. ■ Public Information: This item will be advertised in the same manner as other agenda items. ■ Attachment: Ordinance. Requested by the City Council 1 AN ORDINANCE PERTAINING TO THE MEMBERSHIP OF 2 THE COMMUNITY ORGANIZATION GRANT REVIEW AND 3 ALLOCATION COMMITTEE 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 8 That the representation on the Community Organization Grant Review and 9 Allocation Committee shall be comprised of nine (9) members as follows: 10 11 1. One (1) Citizen-At-Large to be selected by the Mayor and confirmed by the City 12 Council; 13 2. Four(4) Citizens-At-Large to be selected by the City Council; 14 3. The Director of Public Health or qualified designee; 15 4. A representative from the Hampton Roads Community Foundation; 16 5. A representative from the United Way who has expertise in not-for-profit 17 agencies and/or grant fund allocation; 18 6. A representative of the Library Board. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2025. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney CA16847 R-1 March 4, 2025 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend Section 2-122 of the City Code Pertaining to the Deferred Compensation Board MEETING DATE: March 18, 2025 ■ Background: The Deferred Compensation Board currently consists of 9 members appointed by the City Council, including one councilmember, and up to 3 additional members appointed by the City Manager. This ordinance removes the councilmember as a member of the board. Instead, councilmembers will be designated by the City Council to serve as liaisons to the board, which is consistent with the recommendations of the Citizens Committee on Boards and Commissions. ■ Considerations: During its last retreat, the City Council discussed the role of councilmember liaisons and requested ordinances to modify the membership of boards and commissions that currently include councilmembers as members. ■ Public Information: This item will be advertised in the same manner as other agenda items. ■ Attachment: Ordinance. Requested by the City Council 1 AN ORDINANCE TO AMEND SECTION 2-122 OF 2 THE CITY CODE PERTAINING TO THE DEFERRED 3 COMPENSATION BOARD 4 5 Section Amended: § 2-122 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA: 9 10 That Section 2-122 is hereby amended to the Code of the City of Virginia Beach, 11 Virginia to read as follows: 12 13 14 2-122. Board—Established. 15 16 There is hereby created a deferred compensation board, Gensisting Of Got 17 ely. The city council hereby appoints the director of finance, the director of human 18 resources, the employee relations manager, and the payroll administrator to the board. 19 The city council will appoint one (1) member from the sheriffs 20 office and three (3) members from schools, one of which shall be the schools chief 21 financial officer and one of which shall be a school board member. The city manager may 22 appoint up to three (3) additional board members from the deferred compensation plan 23 participants. The board members appointed by the city manager shall serve terms of three 24 (3) years from the date of appointment. Notwithstanding the previous sentence, all 25 members of the deferred compensation board shall serve at the pleasure of the city 26 council. The terms of the members of the deferred compensation board shall not be 27 limited by the restrictions of City Code section 2-3. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 12025. APPROVED AS TO LEGAL SUFFICIENCY.- City Attorney's Offic CA16848 R-1 March 4, 2025 Pf: 1 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Pertaining to the Membership of the Green Ribbon Committee MEETING DATE: March 18, 2025 ■ Background: The Green Ribbon Committee currently includes two members of the City Council. This ordinance removes the councilmembers as members of the committee. Instead, councilmembers will be designated by the City Council to serve as liaisons to the committee, which is consistent with the recommendations of the Citizens Committee on Boards and Commissions. ■ Considerations: During its last retreat, the City Council discussed the role of councilmember liaisons and requested ordinances to modify the membership of boards and commissions that currently include councilmembers as members. ■ Public Information: This item will be advertised in the same manner as other agenda items. ■ Attachment: Ordinance. Requested by the City Council 1 AN ORDINANCE PERTAINING TO THE MEMBERSHIP 2 OF THE GREEN RIBBON COMMITTEE 3 4 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 5 VIRGINIA: 6 7 That the Green Ribbon Committee shall consist of such number of persons as may 8 be appointed by the City Council and shall include, without limitation, members of the City 9 Manager's staff, representatives of the development and real estate industries, 10 representatives of the environmental community, engineers, attorneys, landscape 11 architects, architects or other professionals familiar with the application of environmental 12 regulations to development project, one member of the Planning Commission, and two 13 high school students as voting members. Committee members shall have three-year 14 terms, except for the high school students, who will be appointed to one-year terms. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2025. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA16850 R-1 March 4, 2025 = 1) Jot CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Section 16-54 of the City Code Pertaining to the Membership of the Housing Advisory Board MEETING DATE: March 18, 2025 ■ Background: The Housing Advisory Board currently consists of at least 10 members, including a member of the City Council. This ordinance removes the councilmember as a member of the board. Instead, councilmembers will be designated by the City Council to serve as liaisons to the board, which is consistent with the recommendations of the Citizens Committee on Boards and Commissions. ■ Considerations: During its last retreat, the City Council discussed the role of councilmember liaisons and requested ordinances to modify the membership of boards and commissions that currently include councilmembers as members. ■ Public Information: This item will be advertised in the same manner as other agenda items. ■ Attachment: Ordinance. Requested by the City Council 1 AN ORDINANCE TO AMEND SECTION 16-54 OF 2 THE CITY CODE PERTAINING TO THE HOUSING 3 ADVISORY BOARD 4 5 Section Amended: § 16-54 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA: 9 10 That Section 16-54 is hereby amended to the Code of the City of Virginia Beach, 11 Virginia to read as follows: 12 13 14 Sec. 16-54. Housing advisory board established; membership; duties. 15 16 (a) Established. The housing advisory board is hereby established. 17 18 (b) Term. There shall be at least ten (10) members of the board, who shall be 19 appointed by the city council for terms of four(4) years; provided, however, that the iRitial 20 terms ef two (2) members shall be one (1) year, the iRitial terms ef three (3) Fnernbers- 21years. 22 23 (c) Membership. Two (2) members, both of whom shall have extensive experience in 24 practice in the City of Virginia Beach, shall be either land planners or civil engineers or 25 architects licensed by the Virginia Board for Architects, Professional Engineers, Land 26 Surveyors, Certified Interior Designers and Landscape Architects; one (1) member shall 27 be a real estate salesperson or broker licensed by the Virginia Real Estate Board; one (1) 28 member shall be a representative of a lending institution that finances residential 29 development in the City of Virginia Beach; one (1) member shall be u member of the Git 30 seundl; one (1) member shall be a builder with extensive experience in the construction 31 of single-family detached and attached dwelling units; one (1) member shall be builder 32 with extensive experience in the construction of multiple-family dwelling units; one (1) 33 member shall be a current employee of the department of public works or department of 34 planning; one (1) member shall be a representative of a nonprofit housing organization 35 which provides services in the City of Virginia Beach; and the remaining members shall 36 be citizens of the city. 37 38 (d) Duties. It shall be the duty of the board to: 39 (1) Establish the maximum sales and rental prices of workforce housing units. 40 Such prices shall be based on the area median income, as defined in section 16- 41 44, and shall be adjusted semi-annually; provided, however, that maximum rental 42 prices in excess of those established by the board shall be allowed if such prices 43 are consistent with the requirements of affordable housing funding sources and 44 are approved by the director. 45 46 (2) Advise the city council on all aspects of the city's workforce housing 47 program, including recommendations for modifications of the requirements of the 48 program; and 49 50 (3) Report annually to the city council on the production of workforce housing 51 units, participation in the workforce housing program, and achievement of program 52 goals. 53 54 (4) Advise the city manager and the city council regarding implementation of 55 strategies to address issues of housing affordability and neighborhood 56 preservation. 57 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2025. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA16851 R-1 March 5, 2025 '�,'�+� �• r.f CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Regarding the Chair of the Military Economic Development Advisory Committee MEETING DATE: March 18, 2025 ■ Background: In 2008, the City Council created the Military Economic Development Advisory Committee ("MEDAC") to work with the City's Department of Economic Development to support and strengthen City-Navy relations and to identify economic development opportunities with Navy commands, among other tasks. The MEDAC consists of 18 members, and the resolution that established the committee provides that the Chair of the Committee shall be a retired flag officer or general officer. During their January 27, 2025, meeting, the MEDAC members voted unanimously to request that the City Council amend the criteria for the Chair to provide that the Chair of the Committee shall be an 0-6 or above. This change would give the MEDAC greater flexibility in electing a Chair from among its membership. ■ Considerations: The proposed ordinance provides that the Chair shall be a retired 0-6 or above. ■ Public Information: Public notice via the normal City Council agenda process. ■ Attachment: Ordinance Recommended Action: Approval Submitting Department/Agency: Military Economic Development Advisory Committee City Manager: 0 1 AN ORDINANCE REGARDING THE CHAIR OF THE 2 MILITARY ECONOMIC DEVELOPMENT ADVISORY 3 COMMITTEE 4 5 WHEREAS, the Military Economic Development Advisory Committee ("MEDAC") 6 consists of 18 members, and the resolution that established the committee provides that 7 the Chair of the Committee shall be a retired flag officer or general officer; and 8 9 WHEREAS, during their January 27, 2025, meeting, MEDAC members voted 10 unanimously to request that the City Council amend the criteria for the Chair to provide 11 that the Chair of the Committee be an 0-6 or above; 12 13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 14 VIRGINIA BEACH, VIRGINIA: 15 16 That the Chair of the Military Economic Development Advisory Committee shall 17 be a retired 0-6 or above. 18 19 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 20 of 2025. APPROVED AS TO LEGAL SUFFICIENCY: i City Attorney's Office CA 16825 R-2 February 28, 2025 �o CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend Section 2-6 of the City Code Pertaining to the Resort Advisory Commission MEETING DATE: March 18, 2025 ■ Background: City Code § 2-6 sets forth the membership of the Resort Advisory Commission (RAC). The City Council previously adopted recommendations of the Citizens Committee on Boards and Commissions, including a recommendation encouraging the City Council's appointive agencies to create opportunities for student involvement. This ordinance will add two non-voting student members to the RAC membership. ■ Considerations: The ordinance provides that the students will be appointed to one-year terms, beginning July 1 st and ending June 30tn ■ Public Information: This item will be advertised in the same manner as other agenda items. ■ Attachments: Ordinance. Requested by Mayor Dyer, Vice Mayor Wilson and Councilmember Remick REQUESTED BY MAYOR DYER, VICE MAYOR WILSON AND COUNCILMEMBER REMICK AN ORDINANCE TO AMEND SECTION 2-6 2 OF THE CITY CODE PERTAINING TO THE 3 RESORT ADVISORY COMMISSION 4 5 SECTION AMENDED: § 2-6 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 8 BEACH, VIRGINIA: 9 10 That Section 2-6 of the Code of the City of Virginia Beach, Virginia, is hereby 11 amended and reordained to read as follows: 12 13 Sec. 2-6. - Resort advisory commission. 14 15 (a) There is hereby created the resort advisory commission. The members of the 16 commission shall be appointed by the city council to serve terms of three (3) years. A 17 chair and a vice-chair shall be elected from the commission by its members. All 18 members shall be residents of the city. 19 20 (b) The governance and administration of the commission shall be in accordance 21 with its bylaws, incorporated by reference herein, which bylaws shall not be amended 22 without the prior approval of city council. 23 24 (c) The commission shall consist of at least eleven (11), but not more than twenty 25 (20), members. In selecting members of the commission, the city council shall appoint 26 at least one (1) representative from each of the following organizations: Virginia Beach 27 Hotel Association, Virginia Beach Restaurant Association, ViBe Creative District, and 28 Virginia Beach Division of the Hampton Roads Chamber of Commerce. The 29 commission shall also include a resort retailer. The city council shall also appoint to the 30 commission at least three (3) design professionals having expertise in the fields of 31 architecture, urban design, land use planning, landscape architecture, transportation 32 planning or other design fields relevant to the purposes for which the commission was 33 created. The city council also will appoint two high school students to one-year terms as 34 non-voting members of the commission beginning July 15t and ending June 30th 35 36 In the event of a conflict between the provisions of this subsection and any other 37 ordinance or bylaw, the provisions of this subsection shall control. Adopted by the City Council of the City of Virginia Beach. Virginia, on this day of , 2025. APPROVED AS TO LEGAL SUFFICIENCY. City Attorney's Office CA16858 R-1 March 12, 2025 _ cp CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Pertaining to the Membership of the Transition Area/Interfacility Traffic Area Citizens' Advisory Committee MEETING DATE: March 18, 2025 ■ Background: The Transition Area/Interfacility Traffic Area Citizens' Advisory Committee currently consists of 14 members, including the councilmember representing Election District 2. This ordinance removes the councilmember as a member of the board. Instead, councilmembers will be designated by the City Council to serve as liaisons to the board, which is consistent with the recommendations of the Citizens Committee on Boards and Commissions. ■ Considerations: During its last retreat, the City Council discussed the role of councilmember liaisons and requested ordinances to modify the membership of boards and commissions that currently include councilmembers as members. ■ Public Information: This item will be advertised in the same manner as other agenda items. ■ Attachment: Ordinance. Requested by the City Council 1 AN ORDINANCE PERTAINING TO THE MEMBERSHIP OF 2 THE TRANSITION AREA/INTERFACILITY TRAFFIC AREA 3 CITIZENS' ADVISORY COMMITTEE 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 8 That the Transition Area/Interfacility Traffic Area Citizens' Advisory Committee 9 shall be comprised of thirteen (13) persons, of whom one (1) shall be an ex officio 10 member appointed by virtue of their office as Planning Commission member 11 representing Election District 2; one (1) shall be a representative of the Virginia Beach 12 Development Authority; two (2) shall be student members; and the remaining members 13 shall be appointed from among the residents or business owners of the City who have 14 an interest in land use and related issues pertaining to the Transition Area and 15 Interfacility Traffic Area. The two student members shall be non-voting members and 16 shall not be counted when determining a quorum. 17 18 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 19 2025. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Offic CA16852 R-2 March 6, 2025 u � ZL �J♦ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Pertaining to the Membership of the Virginia Beach Cannabis Advisory Task Force MEETING DATE: March 18, 2025 ■ Background: The Virginia Beach Cannabis Advisory Task Force currently consists of 18 members, including a City Council member. This ordinance removes the councilmember as a member of the task force. Instead, councilmembers will be designated by the City Council to serve as a liaison to the Task Force, which is consistent with the recommendations of the Citizens Committee on Boards and Commissions. ■ Considerations: During its last retreat, the City Council discussed the role of councilmember liaisons and requested ordinances to modify the membership of boards and commissions that currently include councilmembers as members. ■ Public Information: This item will be advertised in the same manner as other agenda items. ■ Attachment: Ordinance. Requested by the City Council 1 AN ORDINANCE PERTAINING TO THE MEMBERSHIP 2 OF THE VIRGINIA BEACH CANNABIS ADVISORY 3 TASK FORCE 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA. 7 8 That the Virginia Beach Cannabis Advisory Task Force shall consist of seventeen 9 members, including: 10 11 . A Resort Advisory Commission representative, 12 • A resort business professional; 13 • A commercial real estate professional, 14 . A healthcare professional; 15 . A Minority Business Council representative; 16 • Two cannabis industry representatives; 17 • A Planning Department representative; 18 • An Economic Development representative; 19 • A member from law enforcement; 20 • A civic league representative, 21 . A representative from Virginia Beach City Public Schools; and 22 • Five citizens from across the City. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2025. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA16828 R-2 March 7, 2025 L. PLANNING 1. CHRISTOPHER TAYLOR for a Variance to Section 4.4 (b, d) of the Subdivision Regulations re subdivide the existing lot to create two (2) parcels for single-family dwellings at 363 Congress Street DISTRICT 8 RECOMMENDATION: APPROVAL 2. BONNEY BRIGHT SAND COMPANY/ BONNEY G. BRIGHT for a Modification of Conditions to a Conditional Use Permit re borrow pit at 200 Princess Anne Road DISTRICT 2 RECOMMENDATION: APPROVAL 3. NEW JERUSALEM CHURCH / NEW JERUSALEM HOLINESS CHURCH, NEW JERUSALEM CHURCH, NEW JERUSALEM CHURCH OF GOD IN CHRIST for a Modification of Conditions to a Conditional Use Permit re religious use at 118 Bishop Thoroughgood Avenue, 1063 Longstreet Avenue, undeveloped parcel North of 129 Hughes Avenue, and undeveloped parcel directly West of 1059 Longstreet Avenue DISTRICT 6 RECOMMENDATION: APPROVAL 4. MERCER SYKES/SYKES REAL PROPERTIES LLC for a Conditional Use Permit re open air market at 614 10th Street DISTRICT 5 RECOMMENDATION: APPROVAL 5. JEFFREY SMITH AND JENA CORNELL/JENA NATALINE CORNELL & NIKOLAS EVANGELOS SAFOS for a Conditional Use Permit re residential kennel at 216 Princess Anne Road DISTRICT 2 RECOMMENDATION: APPROVAL 6. GREEN CLEAN AUTO WASH, LLC/ BOOM INC., for a Conditional Use Permit re car wash facility at 1014 Independence Boulevard DISTRICT 9 RECOMMENDATION: STAFF — DENIAL PLANNING COMMISSION —APPROVAL 7. SHAINA HARTLESS/ GREG J. ROGERS for a Conditional Use Permit re assembly use at 4708 Tulip Drive, Suite 102 DISTRICT 9 RECOMMENDATION: APPROVAL 8. JUSTIN M & CANDACE S HOWARD for a Conditional Use Permit re short term rental at 933 Pacific Avenue, Unit C DISTRICT 5 RECOMMENDATION: APPROVAL 9. JD ENTERPRISES VA, DBA ATLANTIC RENTAL HOMES/ DANIEL J DAVIS &JUSTIN R TAYLOR for a Conditional Use Permit re short term rental at 931 Pacific Avenue Unit A DISTRICT 5 RECOMMENDATION: APPROVAL 10. JD ENTERPRISES VA, DBA ATLANTIC RENTAL HOMES/ LEI XU for a Conditional Use Permit re short term rental at 931 Pacific Avenue, Unit B DISTRICT 5 RECOMMENDATION: APPROVAL NOTICE OF PUBLIC HEARING A Public Hearing of the Virginia Beach City Council will be held on Tuesday,March 18,2025 at 6:00 p.m.In the Council Chamber at City Hell,Building 1,2^ Floor at 2401 Courthouse Drive,Virglnle Beach,VA 23456.Members of the public will be able to observe the City Council meeting through livestreaming on https.,//virginiabeach.gov,broadcast on VBTV,and via WebEx.Citizens who wish to speak can sign up to speak either in-person at the Council Chamber or virtually via WebEx by completing the two-step process below.All interested parties are invited to observe. If you wish to make comments virtually during the public hearing,please follow the two-step process provided below: 1. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m.on March 18,2025. 2. Download WebEx and view the meeting at htLns://vbgov.webe)(com/weblinK/register/ra5b28cf52c8l3O88e6d75� c52d1992eb The following requests are scheduled to be heard: Christopher Taylor(Applicant&Property Owner)Subdivision Variance(Section 4.4(b,d) of Subdivision Regulations) Address: 636 Congress Street GPIN: 1487885732 City Council:District 8(Cummings) Bonney Bright Sand Company Property Owner:Bonney G.Bright Modification of Conditions Address: 200 Princess Anne Road GPINs: 2317621327, 2317709466,2317723259,2317612520,2317603371 City Council:District 2(Henley) New Jerusalem Church Property Owner:New Jerusalem Holiness Church,New Jerusalem Church,and New Jerusalem Church of God in Christ Modification of Conditions(Church)Addresses:118 Bishop Thoroughgood Ave,1063 Longstreet Avenue, undeveloped parcel north of 129 Hughes Avenue, and undeveloped parcel directly west of 1059 Longstreet Avenue GPINs: 2417535148, 2417537205,2417538406,2417538300 City Council:District 6(Remick) Jeffrey Smith and Jena Cornell Property Owner:Jena Natline Cornell&Nikolaos Evangelos Safos Conditional Use Permit (Residential Kennel) Address: 216 Princess Anne Road GPIN:2317545131 City Council: Distrctt 2(Henley) Mercer Sykes Property Owner:Sykes Real Properties LLC Conditional Use Permit (Open Air Market)Address:614 10th Street GPIN: 2427043068 City Council: District 5(Wilson) Green Clean Auto Wash,LLC Property Owner:BOOM INC Conditional Use Permit (Car Wash Facility)Address:1014 Independence Boulevard GPIN:1478550966 City Council:District 9(Schulman) Shaina Hartless Property Owner:GregJ.Rogers Conditional Use Permit(Assembly Use)Address: 4708 Tulip Drive, Suite 102 GPIN: 1479235179 City Council: District 9(Schulman) Justin M & Candace S Howard (Applicant& Property Owner)Conditional Use Permit (Short Term Rental) Address: 933 Pacific Ave, Unit C GPIN: 2427 24441112 10 City Council:District 5(Wilson) JD Enterprise VA,DBA Atlantic Rental Homes Property Owner:Daniel J Davis& Justin R Taylor Conditional Use Permit(Short Term Rental)Address:931 Pacific Ave,Unit A Adjacent GPIN:24272444111190 City Council:District 5(Wilson) JD Enterprise VA,DBA Atlantic Rental Homes Property Owner:Lei Xu Conditional Use Permit(Short Term Rental)Address:931 Pacific Ave,Unit B Adjacent GPIN: 24272444111195 City Council:District 5(Wilson) Copies of the proposed plans,ordinances,amendments and/or resolutions are on file and may be examined by appointment in the Planning Department at 2875 Sabre St, Suite 500, Virginia Beach, VA 23452 or online at https://virginiabeach.gov/pc.For information call 757-385-4621. If you require a reasonable accommodation for this meeting due to a disability, please call the City Clerk's Office at 757-385,4303.If you are hearing impaired, you can contact Virginia Relay at 711 for TDD service. The meeting will be broadcast on cable TV,https://virginiabeach.gov and Facebook Live. Please check our website at https://clerk.virginiabeach.gov/city-council for the most updated meeting information. PILOT-MARCH 4,2025&MARCH IL 2025-1 TIME EACH o f G Q R7.5 RY7:5 0 . o 0 o �co a, o o L 0 N ® Site Chris Taylor W Property Polygons E Zoning 636 Congress Street S Building Feet 0 2040 80 120 160 200 240 hi �s4 JJ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CHRISTOPHER TAYLOR [Applicant & Property Owner] Subdivision Variance (Variance to Section 4.4 (b,d) of the Subdivision Regulations) for the property located at 636 Congress Street (GPIN 14878857320000). COUNCIL DISTRICT 8 (Cummings) MEETING DATE: March 18, 2025 ■ Background: The 60,987 square foot property is zoned R-7.5 Residential District and is accessed via Congress Street, which is a private street. The applicant wishes to subdivide the existing lot to create two parcels for single-family dwellings. Proposed parcel CT-1A would be 53,484 square feet in size and retain the existing single-family dwelling while proposed parcel CT-2A would be 7,503 square feet and used for a new single-family dwelling. Both proposed lots will access N. Lynnhaven Road through an easement over the property of 656 Congress Street and the private Congress Street. Section 4.4(d) of the Subdivision Regulations requires that "each lot created in a subdivision shall have direct access to a public street." Neither of the proposed lots will have direct access to the nearest public street, N. Lynnhaven Road, necessitating the need for a Subdivision Variance. Furthermore, Section 4.4(b) of the Subdivision Regulations states "Except where created by governmental action, lots created by subdivision must meet all requirements of the zoning ordinance." Section 200(d) of the Zoning Ordinance defines lot width as being determined by where the lot meets the right-of-way. As neither proposed parcel will front the public right-of-way, a variance for lot width is also required. ■ Considerations: The subject parcel lies at the end of Congress Street, which nine single-family dwellings currently use to access the public right-of-way, N. Lynnhaven Road. While several other lots on Congress Street were created improperly by deed after the establishment of the Subdivision Regulations in 1953, the subject parcel was legally created. Its lot size of 62,709 square feet is more than twice that of any other lot on Congress Street or within the Little Neck Village subdivision. Allowing the parcel to subdivide would not impact the character of the neighborhood as it would be consistent with the pattern of development in the area. The greatest impacts would arise from the need for the proposed lots to access N. Lynnhaven Road by crossing the property of 656 Congress Street and by using Christopher Taylor Page 2 of 3 the private Congress Street itself. A condition that the proposed lots must record access and maintenance agreements with the owner of 656 Congress Street and for Congress Street has been included as a recommended condition. Section 200(d) of the Zoning Ordinance defines lot width as being determined by where the lot meets the right-of-way. Since neither parcel fronts the right-of-way, they have a calculated lot width of 0 feet rather than the minimum lot width of 75 feet required in the R-7.5 Residential Zoning District. When measured from their point of access, Parcel CT-1A would be 68 feet in width at a front setback of 30 feet while Parcel CT-2A would be 75 feet in width. While Parcel CT-1A would be substandard at the front setback, it would still be wider than any other lot on Congress Street. As Parcel CT-1A would be the largest parcel in the neighborhood, there is no concern that it would require future variances to provide an adequate buildable 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 February 12, 2025, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 9-0. 1 . When subdivided, the property shall be developed as shown on the submitted subdivision exhibit entitled "Preliminary Subdivision Plat, Property of Christopher Taylor, I.N. 20141211001165390, Virginia Beach, Virginia" dated 11/26/2024, and prepared by Tim Fallon Land Surveying, PLLC, a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development. 2. A private utility easement for domestic water and gravity sanitary sewer access to the right of way is required through and across Parcel CT-1A for the benefit of Parcel CT-2A. 3. Private access and maintenance easements must be established prior to or with the recording of the final plat to allow for access via Congress Street and through the property addressed as 656 Congress Street for each of the proposed lots. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. �'- Christopher Taylor Page 3 of 3 Submitting Department/Agency: Planning Department City Manager: /�D PlanningAgenda Item 8 Applicant and Property Owner: Christopher Taylor Commission Public -• 2025 VB, CouncilCity Project Details Request Subdivision Variance (Variance to Section 4.4 (b, d) of the Subdivision Regulations) KINGSTON Staff Recommendation Approval Staff Planner Aubrey A.Trebilcock . Location os�Fc tisoR d �?�` 636 Congress Street o .t GPIN z _.m 'Dip 1487885732 Site Size m 60,987 square feet _ ED�NBURGHDR i q `ti AICUZ Less than 65 dB DNL Watershed Chesapeake Bay Existing Land Use and Zoning District ? y� Single-family dwelling/ R-7.5 Residential Surrounding Land Uses and Zoning Districts, i North l Single-family dwellings/ R-7.5 Residential ` South or - Single-family dwellings/ R-7.5 Residential a. East , w Congress Street (Private Street) s. Single-family dwellings/ R-7.5 Residential West Single-family dwellings/ R-7.5 Residential Christopher Taylor Agenda Item 8 page 1 of 12 Background & SummaryofProposal • The subject parcel was created by Deed Book 411, Page 302 on January 3, 1921, prior to the establishment of the City's Zoning Ordinance or Subdivision Regulations. A survey of the property was conducted in 1961 and is recorded under Map Book 52, Page 34. • The 60,987 square foot property is zoned R-7.5 Residential District and is accessed via Congress Street, which is a private street. While the parcel meets the 7,500 minimum lot size requirement of the R-7.5 district, since it does not have direct access to a public street, it has a lot width of 0 feet, where 75 feet would typically be required. Although the parcel does not meet all the dimensional requirements of the R- 7.5 district, since the parcel was created prior to the adoption of Zoning Ordinance and Subdivision Regulations, it is considered a legally nonconforming parcel. • The applicant wishes to subdivide the existing lot to create two parcels for single-family dwellings. Parcel CT-1A would be 53,484 square feet in size and retain the existing single-family dwelling. Parcel CT-2A would be 7,503 square feet in size and will be used for a new single-family dwelling. Both proposed lots will access N. Lynnhaven Road through an easement over the property of 656 Congress Street and the private Congress Street. • Section 4.4(d) of the Subdivision Regulations requires that "each lot created in a subdivision shall have direct access to a public street." Neither of the proposed lots will have direct access to the nearest public street, N. Lynnhaven Road, necessitating the need for a Subdivision Variance. • Section 4.4(b) of the Subdivision Regulations states "Except where created by governmental action, lots created by subdivision must meet all requirements of the zoning ordinance." Section 200(d) of the Zoning Ordinance defines lot width as being determined by where the lot meets the right-of-way. As neither proposed parcel will front the public right-of-way, a variance is required. • As shown on the exhibit on page eight of this report and the table below, the proposed parcels, Parcel CT- 1A and Parcel CT-2A, will exceed the minimum lot area requirement of 7,500 square feet, as required in the R-.7.5 Residential District. ProposedProposed Lot Required Lot Width ... •. Lot A)rea I (feet) (feet) (square feet) (square feet Parcel CT-1A 75 0* 7,500 53,484 Parcel CT-2A 75 0* 7,500 7,503 Christopher Taylor Agenda Item 8 page 2 of 12 Zoning History Map Key No. Request 1 SVR (No Direct Access to Public 2 yoe /j 1 Street) Approved 04/27/1993 SVR (No Direct Access to Public 3 p 4 2 Street)Approved 10/24/1995 3 SVR (No Direct Access to Public RT5 Street) Approved 08/26/1997 4 SVR (No Direct Access to Public Street) Approved 09/08/2009 o ¢ v 'fF�soq \ �gj Application Types CUP: Conditional Use Permit MDP: Modification of Proffers SVR:Subdivision Variance REZ: Rezoning NON: Nonconforming Use LUP:Land Use Plan CRZ: Conditional Rezoning STC:Street Closure STR:Short Term Rental MDC:Modification of FVR: Floodplain Variance Conditions ALT.'Alternative Compliance Evaluation • • . • 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. Christopher Taylor Agenda Item 8 page 3 of 12 The subject parcel lies at the end of a private road, Congress Street, which nine single-family dwellings currently use to access the public right-of-way, N. Lynnhaven Road. While several other lots on Congress Street were created improperly by deed after the establishment of the Subdivision Regulations in 1953, the subject parcel was legally created. Its lot size of 62,709 square feet is more than twice that of any other lot on Congress Street or within the Little Neck Village subdivision. Allowing the parcel to subdivide would not impact the character of the neighborhood as it would be consistent with the pattern of development in the area.The greatest impacts would arise from the need for the proposed lots to access N. Lynnhaven Road by crossing the property of 656 Congress Street and by using the private Congress Street itself. A condition that the proposed lots must record access and maintenance agreements with the owner of 656 Congress Street and for Congress Street has been included as part of the recommendation for this proposal. Regarding the lot width of the proposed parcels, they are 0 feet as there is no public frontage from which to measure as defined by Section 200(d) of the Zoning Ordinance. The lot width requirement in the R-7.S Residential Zoning District is 75 feet. When measured from their point of access, Parcel CT-1A would be 68 feet in width at a front setback of 30 feet while Parcel CT-2A would be 75 feet in width. While Parcel CT-1A would be substandard at the front setback, it would still be wider than any other lot on Congress Street. As Parcel CT- 1A would be the largest parcel in the neighborhood, there is no concern that it would require future variances to provide an adequate buildable area. As the proposal is consistent with the development pattern along Congress Street, Staff is recommending approval of the application subject to the conditions provided within this report. Recommended Conditions 1. When subdivided, the property shall be developed as shown on the submitted subdivision exhibit entitled "Preliminary Subdivision Plat, Property of Christopher Taylor, I.N. 20141211001165390,Virginia Beach, Virginia" dated 11/26/2024, and prepared by Tim Fallon Land Surveying, PLLC, a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development. 2. A private utility easement for domestic water and gravity sanitary sewer access to the right of way is required through and across Parcel CT-1A for the benefit of Parcel CT-2A. 3. Private access and maintenance easements must be established prior to or with the recording of the final plat to allow for access via Congress Street and through the property addressed as 656 Congress Street for each of the proposed lots. 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. Christopher Taylor Agenda Item 8 page 4 of 12 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 Information The Comprehensive Plan recognizes this property as being within the Suburban Area. Guiding principles have been established in the Comprehensive Plan to guard against possible threats to the stability of the Suburban Area and to provide a framework for neighborhoods and places that are increasingly vibrant and distinctive. The Plan's primary guiding principle for the Suburban Area is to create "Great Neighborhoods," and to support those neighborhoods with complementary non-residential uses in such a way that working together the stability and sustainability of the Suburban Area is ensured for now and the future. (p. 1.58- 1.67) ResourcesNatural & Cultural • The site is located in the Chesapeake Bay watershed. There are no known historic or cultural resources that will be affected by this project. Traffic Impacts/Transportation Traffic Counts Street Name Present Volume Present Capacity Generated Traffic Congress Street Existing Land Use 2- 10 ADT N/A for Private Street N/A for Private Street (Private) Proposed Land Use 3-20 ADT N. Lynnhaven Road Existing Land Use 1- 10 ADT 2,900 ADTl 8,700 ADTl (LOS4 "D") (Public) Proposed Land Use 3-20 ADT 1 Average Daily Trips 2As defined by a 'As defined by two 4LOS = Level of Single-Family Single-Family Service Dwelling Dwellings Master Transportation Plan (MTP)and Capital Improvement Program (CIP) N. Lynnhaven Road is currently a two-lane undivided collector roadway in the vicinity of the site. There are no plans to improve this portion of N. Lynnhaven Road or Capital Improvement Programs associated. Christopher Taylor Agenda Item 8 page 5 of 12 Active Transportation Plan There are no improvements or recommendations in the Active Transportation Plan applicable to the subject site. Public Utility Impacts Water The site is connected to city water. There is an existing 4-inch city water main along Congress Street which transitions to an 8-inch before the intersection of Congress Street and N. Lynnhaven Road. A private utility easement for domestic water access to the right of way will be required within Parcel CT-1A for the benefit of Parcel CT-2A. Sewer The site is connected to city sewer. There is an existing 8-inch city sanitary sewer gravity main along Congress Street. A private utility easement for gravity sanitary sewer access to the right of way will be required within Parcel CT-1A for the benefit of Parcel CT-2A. Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on January 13, 2025. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, January 29, 2025 and February 5, 2025. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on January 27, 2025. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of virginiabeach.gov/pc on February 6, 2025. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, March 4, 2025 and March 11, 2025. • 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 March 3, 2025. • 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 March 14, 2025. Christopher Taylor Agenda Item 8 page 6 of 12 • 1. III:RA..Er OOCS rAN IV A TAGESPECIAL FLOOD"NAL FD W 1 AS ANCE ON n c FEDORA-SMRANCECY NINACEMENT HE CITY NATIONAL C,AOJ I.C MCE PROPANE. ROOD NSLRANCE RATE NM ILD THE ff s,VOl l PEACH,COMMJFJRY IN NLVBER 5'SS3f-1I102 G.L'AIEO JAYIWEY 10.2D15.TNe-ROPERI" KL5 IN I Loou zcr.0>L 2. TICS STE LIES WT-W AIRCRAR ACCIDENT PCTWL%-WHE KJA MJ/OR NOSE • 2CKEM<65 Db Ldn MO MAY 3E SLBJE RK CT TO NRCT ACCIDWIS ANC/OR �p ABOVE AVERAGE ROSE LEVELS DUE TO ITS PIN%VOY TO AIRPORT OPERATIONS. `{� R�S4"� • NOSE 47-ENUNTKIN MEASJRES FOR NEW CONSTRJCTIOR MAY BE REOUiEJ IN y A'.0 T R.ST ICTI TH: Bk A VPCI A3TEN ACCO DW S4= SEC AVE AND MEG. RSTRICTIOVS HAVE BEEN VPO'.;EJ N ACCORQNJCE ATTH SECTOV 202(b) C2' OI IN..c, 01t0PMN.Y_ ���666TTT¢k�y `. TIIS PIA-*.AS PPCPAR`S YMTIICLT TIIE GM:rlT OF A-RLC RCRORT AND VAY ROT J � • DEPICT A-L MA-'ERS A-FEC-114 T-E PROPERTY SHCI HEREON. 4. IH- :.0el "IM HF HF HY VA[:IIIF1 IVi,N1Ml 1011A cum 15,2-11/5. NI tM A POWIrM,^.r IIM RTSLROVCKX,IC 10CAIFJ N A CPf'%WAK!'RAY IIONCR=ORNEi_Y PPIS-W410N ARCA AND S SLBIECT TO THE PROVISIONS Of T E CHESAPEAKE 3AY MR.—All.— PRESS ON AREA ORDNANCE 5TE[NENH 3UMER NCNf CMFOl-E Y '.N.]03fO�0C3•A9C a 9. ]CN-h.R-7.5 'O.NEl.SETJa M018_NiE PJ I N.20T01]6006636tl F F.'1titJARD NCN D4[DWMER_Y }YOIGL SURVEY. 1 ;AL4B R.K.SOM6 EL 4OGGAAC PROPER-OFF L.Ftl00Aiip 1 3"""+ i R_NLYifi4RQ N 2LY9]JPI5000^.Y'lC PROPPIFTTO[_.LIfX.C./WD8 OB M.P.R60 NOWOtfORYBMY f R L HOOOM`C J O ALAS A.TA Xlk AND LOf55 MD N,F4 R J M B AS P3 4t ` pA8-CiME4-AYLWJ OUBD--fl KIV^,.'B POINT CAST WIN 1467 N 3T, MN'14a7J6+wl I .A OPM]OOOOOCS k M'a IV S I�A GFN'14p.ML1T9 RF9U®VlxOh T PROPERTY N49W'54'E 1p�' C"`!`PME9 ALYLOR I.N.NDOFllC06DXI0 ' �� w OPHJ 146TJ6iB] ak NOMCR FCRAERV }, KMORA Y—14A a'RM^FY M-8 M IN Mi.Y.KFti1N 111SD7'64'E lOt.90' LDT 50 SOAR' AJBJN 610NOF l. POIVL EABf MI.1JJ,- PQ 5 a WN 1RYN 5515 A EX.CONcim VCNYQtIT1tiMO1L" R DRIMMY o f MICNK+K F'MFRIIX3F,RR a PARCEL WLENED'� _ CT-2A 7.S01 SF PARCEL CT-lA ¢ REs�DuvwIwGFFretmcE KAAR PC'MI�Y y. + o.nzaC =iKloERfY MA\vlE4RYEi MARY t.RYE 53,4645E 17 diQJV I Y IN POIO:J�MJD'M: J.3 3ate.FY3.96a 1.220 AC GPN 147 N liW� /e LOT 6UBOM6KA1 CC 4aK]6 PONT EAST v.31.1%a '- ASPFMLT I n IL FAIIUI y wft. 54503541Y _ DRAEYM`! ]S.DO. n RRDPDSm NpLA/EG1 m 1CN'OR:O4v=4:! 12 t961' A E Uff TOP PAIfR1 CT-N LAG P..1659 I 5;pTER' 1LL`- PRDP06m AO 1 P/P6/TA NQW CR CORMFRr Ol 11al-W-i..' f.' FAY31p11 rat PARIFL CT-PA J4 g VMME D.C3CURaNRD6 _ .. .. �7,9 (SIMRED YAM'TEWAW Aa ARAuBNa TAV W E CFCJNAR^. DB lcr.x,03 —CONGRESS STREET(T(Y RM) -1D'AARNLE LOI eS D.B.4'1,°Q JCl PRIVATE RAW 9L9ONTS— .II.POII.TEAST 0 ------ DB.1D1.�.513 Iin(M S:�I: V B'N IC3 --J---------- / CAN:IIN 6664'A6 H { — rl1'I �.� 64YM'4719 ]14.77 slat i�.n .1IEI t tMM-MEY+Il NCW OR FOPYY[11JLY 1 1YJN Rt FORIIA6Y VTYCR fORMQ3Y 1 NLWl CR FOMRMNY ROeJ3+r x.RCG=aia..F wRDGena 1 '�W' LYiuJAwes MANvI NM RDA " ` 1 seAN a aT Peat PRELIMINARY SUBDIVISION PLAT Ofl 4sr o(R 2:M I N x21Tn6=i:16eN V n:K:�HIx r DDON'PG'zts PROPERTY OF LO'N LO-w I OI al au6o vMrN OF KP1GS PGINT EAsr euLirvBw or KN09 PDRJT eAHT LOT a� CHRISTOPHER TAYLOR V B.tSI POS MB•u>05 `RIND YRfw(>KIVLi'ISJIRT fA41 i000V160N 0KIV3i PC1NT CA6T :J4V.1 N64'n GPIV:146>N Za5 V.0.1`*PO 5 fRAV 1m'?M+MIn (S:A•N--HIS+ OPIV:148L61-0529 vR a t'.33' VCVFMBFR 26,PTV+ TM FAL_ON.f%D SUR NG,PL-C 1531•CARILOLLION BLVD D N CARROLLTON,VIRMNA 23314 olQ f* (D �O <T ,rD rD Q � -* 3 N N 00 Proposed Single-Family Dwelling Elevation — Parcel CT-2A . r • n y � y s 11 � 11 Christopher • Agenda page 8 of Site • • f � 1 1 A4 rat . i � t ; ld Christopher Taylor Agenda Item 8 page 9 of 12 Disclosure DisclosureCITY OF VIRGINIA 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. SECTIONDISCLOSURE APPLICANT INFORMATION Applicant Name: as listed on application Christopher Taylor Is Applicant also the Owner of the subject property? Yese No© If no,Property Owner must complete SECTION 2:PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative?Yes(F)Noo If yes,name Representative: R. Edward Bourdon,Jr., Esq., Sykes, Bourdon,Ahern&Levy, P.C. Is Applicant a corporation,partnership,firm,business,trust or unincorporated business? Yes®Noe• If yes, list the names of all officers,directors,members,or trustees below AND businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the applicant.(Attach list if necessary.) Does the subject property have a proposed or pending purchaser? Yes • No If yes,name proposed or pending purchaser: Saul Gonzalez KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an tnte est in he subject land or any proposed development contingent on the subject public action? YesU No •) 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, 0 ® TowneBank;Wells Fargo Bank cross-col late ralization,etc.) Real Estate Broke r/Age nt/Rea Ito r 01 Disclosure Statement I rev. M a y-2024 page 1 of 3 Christopher Taylor Agenda Item 8 page 10 of 12 Disclosure SECTION 1: APPLICANTDISCLOSURE SERVICE YES NO SERVICE PROVIDER (Nome entity and or indl AccountinLfTax Return PrepfLatiorl 0 0 Architect/Designer/Landscape O O too Architect/Land Planner -+� Construction Contractor 0 Q f'1 raw�r�s. m ..ss+y�.�+e ws.s nc,�wer�Mw��+ut E rleer/Su ent Services 0 Q R Ed.rd BOWWn .r Es Sri tiWdar MW 3 t.s+y P C APPUCANT CERTMA110N REM I certify that all information contained in this form is complete,true,and accurate.l understand that upon receipt of notification that the application has been scheduled for public hearing,I am respotnsible for updoting the information provided herein three weeks prior to the oweting of Planning Commission,City Council,VBDA,CBPA,Wetlands Soardat any public body or committee in connection with this application. Christopher Taytot �� • ��,' 12/0212024 Applicant Name(Print) ApplicanAnature Date t Parent-subsidiary relationship`moons"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent o/the voting power of another corporation"See State and tonal Government Conflict of Interests Act,VA.Code§2,2.3101, 2 Af filioted business entity relationship"moons'a reloteamship,other than parent-subsidiary relationship, that exists when(i)one business entity has a controlling ownership interest in the other business entity,(it) a controlling owner in am entity is also a controlling owner in the other entity,at(W)there is shored management or control between the business entities.factors that should be considered in determining the existence of an o thated business entity relationship include that the some person or substantially the some person own or manage the two entities,there of common or commingled funds or assets;the business entities share the use of the some offices or employees or otherwise shore octwities,resources or personnel on a regular bosis;or there is otherwise a close working relotionship between the entities,"See State and total G,.,,,•.....,,nt Conflict of interests Act,Vo Code§21-3101. FOR CITY USE ONLY: No changes as of(date). February 25,2025 ____._AuzrevTrgbilcock zlezz �� 02 25/2025 Staff Name(Print) Staff Signature Orate t*(k,)5ure Statement I rev. Mtay,2024 Christopher Taylor Agenda Item 8 page 11 of 12 • 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. Christopher Taylor Agenda Item 8 page 12 of 12 Virginia Beach Planning Commission February 12, 2025 Public Meeting Item #8 Christopher Taylor Recommendation: RECOMMENDED FOR APPROVAL Discussion Mr. Coston: Thank you, sir. Item#8 is Christopher Taylor requesting a subdivision variance. Mr. Bourdon: Thank you, Mr. Vice Chair, Madam Chair. Honorable commission members including honorable commission member Eagles green Hippen. For the record for the record Eddie Bourdon representing Mr.Taylor on this application. We greatly appreciate the commission putting this application on the consent agenda. All three of the recommended conditions are accepted and thank Aubrey and Marcelle for their work on this application, thank you. Mr. Coston: Is there any consent to this item being placed on the consent agenda. There being none, we've asked Commissioner Mauch to read this item into the record. Mr. Mauch: The subject parcel was created by deed book 411, page 302 on January 3i1 1921. Prior to the establishment of the city's zoning ordinance or subdivision regulations survey of the property was conducted in 1961 and is recorded under map book 52,page 34. The applicant wishes to subdivide the existing lot to create two parcels for single family dwellings parcel CT1A would be 53,484 square feet in size, and retain existing single family dwelling, parcel CT2A would be 7503 square feet in size, and will be used for a new single family dwelling. Both proposed lots will access Northland Haven Road through an easement over the property of 656 Congress Street. As the proposal was consistent with the development pattern along Congress Street, staff is recommending approval as well as the planning commission. We find that it's acceptable, and we have chosen to put it on the consent agenda additionally. We would like to thank Councilman Taylor for his service to the city. Mr. Coston: Madam Chair, that was the last item on the consent agenda. The Planning Commission places the following applications on the consent agenda. Items 5, 6, 7, 8, 9, 10, and 11. Ms. Cuellar: Thank you very much, Vice-Chair. Do I have a motion to approve by consent as read by the Vice-Chair? Mr. Coston: So moved. Mr. Parks: One clarification on Item #6, the modification, it should be approved with a modification to clarify that there will be an administrative review of the conditional use permit after five years. Ms. Cuellar: Thank you very much for that clarification. I have a motion by Commissioner Coston. Is there a second? Mr. Parks: Second. Ms. Cuellar: Second by Commissioner Parks. Are there any planning commissioners abstaining on any of these items on the consent agenda? Okay. Hearing none. Mr. Cromwell: I will abstain from item#5. Ms. Cuellar: Thank you very much. Mr. Coston: I'm abstaining from item#4. It's a voluntary abstaining because I do not receive any remuneration that I am allowed to vote, but I have chosen to avoid the appearance of any impropriety by abstaining. Thank you. Ms. Cuellar: Thank you, Commissioner Coston. Item#4 is not on the consent agenda. We'll get to that because we just had a recent change. So, thank you for bringing that to our attention, and then we'll go over that again. We have one abstention from Commissioner Cromwell. Are there any other commissioners abstaining on the consent agenda? Madam Clerk: The vote is open. By a recorded vote of 9 to 0, with one abstention on item#5 from Commissioner Cromwell, Items #5, 6, 7, 8, 9, 10, and 11 have been recommended for approval by consent. Ms. Cuellar: Thank you very much. If you had an application that was on the consent agenda, your request will now be scheduled for an upcoming City Council meeting. Staff will contact you about the date. For those applicants on the consent agenda,thank you for your participation. You may remain at the meeting, either virtually or in person, or you're free to leave. Our next order of business is the regular agenda. Madam Clerk, we're ready for the first item. Vote Tall AYE 9 NAY 0 ABS 0 ABSENT 1 Alcaraz X Anderson X B ler X Cromwell X Coston X Cuellar X Hi en X Mauch X Parks X Plumlee X Conditions/Proffers 1. When subdivided, the property shall be developed as shown on the submitted subdivision exhibit entitled "Preliminary Subdivision Plat, Property of Christopher Taylor, I.N. 20141211001165390, Virginia Beach, Virginia" dated 11/26/2024, and prepared by Tim Fallon Land Surveying, PLLC, a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development. 2. A private utility easement for domestic water and gravity sanitary sewer access to the right of way is required through and across Parcel CT-1A for the benefit of Parcel CT-2A. 3. Private access and maintenance easements must be established prior to or with the recording of the final plat to allow for access via Congress Street and through the property addressed as 656 Congress Street for each of the proposed lots. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. o e©: AG2—AG 1 a AG2 AGE a � ° �9AG 2 °p o p o �10 8. p O 04 Ca <Z> 1 n � 0 o AG 2� AG' 100 O a � d o d AG'1 i, '� A., 01 AG AG-1 o� 00 ol a ' N ® site Bonney Bright Sand Company Property Polygons 200 Princess Anne Road s Zoning Feet Building 0 22(440 880 1,320 1,760 2,200 2,640 ryry//,, u-ems �JJ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: BONNEY BRIGHT SAND COMPANY [Applicant] BONNEY G. BRIGHT [Property Owner] Modification of Conditions to a Conditional Use Permit (Borrow Pit) for the property located at 200 Princess Anne (GPINs 2317621327, 2317709466, 2317723259, 2317612520, 2317603371). COUNCIL DISTRICT 2 (Henley) MEETING DATE: March 18, 2025 ■ Background: Sand excavation operations have occurred on the property since the 1970s. In 1989, a Conditional Use Permit was granted by the City Council to operate a 23.40- acre borrow pit on the site. Since that time, several modifications have been approved by the City Council, both to expand the land area of the borrow pit and to extend the length of time allotted for excavation and ultimate restoration of the site. As currently conditioned, the borrow pit operation shall cease, and the property shall be restored by June 2030. According to the previously approved reclamation plan, at the time of restoration, the borrow pit will be converted to a lake. The applicant's current request is to remove Condition 15 which states the maximum number of truck trips generated by the borrow pit shall be seventy-five (75) per day. Since the beginning of 2024, the applicant has contracted with the Department of Defense and other entities to provide construction sand, masonry sand and topsoil for a number of ongoing large-scale projects, resulting in truck trips ranging from 32 to 357 trips per day. As such, the applicant is requesting to remove Condition 15 to ensure their operations will be in compliance with the conditions of the Conditional Use Permit. The required landscape buffer along Princess Anne Road, conditioned with the 2023 Modification was not installed. This condition was revised by the Planning Commission to require the installation of a double row of seedling pine trees to satisfy the buffer requirement. Also, Condition 16 was revised to ensure that the roads will be kept clear and that no sand, dirt, or debris shall accumulate within the public right-of-way. The roadway condition has become of much concern to many residents who frequent the area, the Planning Commission added Condition 25 requiring that a vehicle wash down station and construction entrance be installed at the access point along Princess Anne Road. Bonney Bright Sand Company Page 2 of 6 On-site operations will continue between the hours of 7:00 a.m. to 7:00 p.m., Monday through Saturday. No operations are conducted or are planned to be conducted on Sundays. Access to the site will continue to be from North Carolina, just south of the Virginia/North Carolina state line. ■ Considerations: The request is consistent with the policies and goals set forth in the Comprehensive Plan for the Rural Area, as the site has remained rural throughout the years and is maintaining its commitment to the agricultural vision for this area. The borrow pit will continue to operate for a little over 5 years as the use has been extended by City Council action to June 2030, permitting the complete extraction of marketable material and restoration of the site. According to the Virginia Department of Mines, Minerals, and Energy (VDMME), the borrow pit has been operating without incident and in accordance with VDMME's regulations. Four speakers spoke in opposition of the request at the Planning Commission hearing. Additional opposition received by staff included a Petition of opposition with 146 signatures, 2 letters of opposition, and a letter of opposition with 96 comments. Concerns expressed by those in opposition related to the increase in the number of trucks on the road, dirt and debris on the road, which has caused damage to vehicles, and unsafe road conditions. With the modified conditions Planning Commission agreed with Staffs recommendation to recommend approval of this request. Further details pertaining to the application, as well as Staffs evaluation, are provided in the attached Staff Report. ■ Recommendation: On February 12, 2025, the Planning Commission passed a motion to recommend approval of this request by a vote of 8 to 0 with 1 abstention. 1. All previous conditions attached to the Modification of Conditions Permit approvals of December 12, 2023 shall be voided and replaced with the following conditions below. 2. Activities on the site shall meet all the requirements identified by the Virginia Department of Mines, Minerals and Energy. Additionally, the applicant shall renew their permit and license with the Department of Mines, Minerals and Energy before October 21, 2023. 3. No excavation or restoration of the borrow pit expansion shall be allowed without first obtaining any necessary permits from the appropriate Federal, State and Local agencies, required as a result of the expansion of the existing borrow pit operation. In addition, the applicant shall renew the Non-Metallic Mineral Mining General Permit from the Department of Environmental Quality for the proposed expansion. Bonney Bright Sand Company Page 3 of 6 4. No excavation or restoration of the borrow pit shall commence until such time that a site plan has been reviewed and approved by the Development Services Center. The site plan must include a specific street and highway contingency plan that addresses the repair and replacement of any damaged roadway surfaces associated with the borrow pit operation. The site plan shall also detail the truck watering schedule currently utilized for the abatement of the dust generated by this operation and must indicate the sequence of construction for maintaining 3:1 side slopes on the borrow pit within sixty (60) days after the excavation is complete. 5. No access to or from Pocahontas Club Road shall be permitted for the borrow pit operation. 6. Operating hours shall be 7:00 a.m. to 7:00 p.m., Monday through Saturday. No operations shall be permitted on Sunday. 7. No encroachment into existing easements will be allowed. Access to drainage easements must be provided by the applicant over all the output systems within the site. 8. No encroachments into natural drainage channels shall be permitted. 9. The existing buffer of pine trees along Princess Anne Road, the double row of Loblolly and Virginia pine trees, an understory row of wax myrtle shrubs and the three to four-foot-high berm along Pocahontas Club Road used for screening and buffering shall remain undisturbed. 10. A double row of seedling pine trees shall be planted along Princess Anne Road continuing north from the existing trees that will be used as screening and buffering for the expansion of the borrow pit. The required pine trees shall be installed [begin strikethrough] at a height of 36 to 49 inGhes [end strikethrough] and maintained at a height of no less than thirty (30) feet. 11. Undrained pockets and stagnant pools resulting from surface drainage shall be sprayed in accordance with requirements of the state board of health to eliminate breeding places for mosquitos and other insects. 12. The one hundred (100) foot buffer between the cemetery in the southeast corner and the excavation site must remain undisturbed. 13. The maximum depth of the proposed expansion shall not exceed an elevation of 25.00 feet below ground surface from elevation 0.00 feet below ground surface. The applicant shall not breach the confining layers regardless of depth. 14. Dewatering of the pit will be allowed and the following are required: a. A permit from the Virginia Water Control Board is required to discharge any water from dewatering into a state waterway. b. The operator of the borrow pit shall be responsible for continuous Bonney Bright Sand Company Page 4 of 6 water service for the private wells up to one thousand (1,000) feet from the borrow pit operation and those within twenty-five hundred (2,500)feet if proved to be affected by this operation. 15. All trucks and equipment used in conjunction with the borrow pit operation must be stored, repaired, and fueled on the borrow pit site or on property zoned for such use. 16. The roadway to the site shall be kept clear at all times. Sand, dirt, and other debris must be promptly collected and disposed of and shall not be allowed to accumulate along the side of the road or within any area of the public right-of-way. 17. The applicant and/or operator of the borrow pit shall provide sufficient information to further the knowledge of the impacted subsurface geology by providing a Monitoring Well/Bore Hole Installation Plan and to estimate existing and projected recharge of dewatering operation discharge water. The applicant shall provide a Groundwater Recharge Plan, which shall include all phases of the expansion, subject to the approval of the Director of Public Utilities or designee. 18. The Groundwater Recharge Plan shall provide for the retention of water onsite to the highest degree practical. As one means to achieve this, the flooding of depleted mine areas shall be implemented to the maximum extent practical and outlined in detail in the Groundwater Recharge Plan, accounting for all phases of expansion and reclamation. The applicant and/or operator of the borrow pit shall provide a reliable quarterly report to the Department of Public Utilities to include the analysis of the recharge system. This plan shall contain the amount of water pumped from the borrow pit, the amount of groundwater recharged on the site, the amount of water discharged to offsite surface water, the local precipitation, and a detailed description of the way in which each of these volumes were determined. The plan shall be subject to the approval of the Director of Public Utilities or designee. 19. Testing shall be performed at each monitoring well a minimum of four times a year and analytical results shall be provided to the Director of Public Utilities or designee. The Director of Public Utilities or designee may reduce monitoring frequency to annual testing at each well. If, in the judgement of the Director of Public Utilities or designee, such results indicate that saltwater intrusion is occurring to such extent that private drinking water wells are threatened, the applicant shall cease dewatering of the borrow pit at the cost of the borrow pit operator. 20. Extension of time for operations is ending in June 2030, to include restoration of the property. 21. When mining is complete, the applicant shall redevelop the sides of the pit to a 3:1 slope within six (6) months as depicted on the plan for the Bonney Bright Sand Company Page 5 of 6 borrow pit entitled "Reclamation Plan", dated October 3, 2007, revised September 10, 2009, revised July 1, 2021, prepared by Gallup Surveyors and Engineers. Said plan has been exhibited to the City of Virginia Beach City Council and is on file in the Planning Department. 22. The applicant shall provide quarterly reports from the test wells to include nitrate readings. The reports shall be submitted to the Zoning Administrator for review by the Water Resources Manager. Following the first year, frequency of the reports shall be determined by the Water Resources Manager. Required frequency shall not exceed four(4) reports per year. 23. The applicant shall submit a site development plan in accordance with the Zoning Ordinance, Article 2 C Section 227 Borrow Pits to the Development Services Center of the Planning Department for review and approval prior to any excavation of the additional areas depicted on the submitted site plan entitled "PROPOSED BORROW PIT EXPANSION PLAN FOR BONNEY G. BRIGHT', dated October 3, 2007, revised September 10, 2009, revised March 12, 2021, prepared by Gallup Surveyors & Engineers. Said plan has been exhibited to the City of Virginia Beach City Council and is on file in the Planning Department. 24. Trucks that haul material to and from the property shall not use Princess Anne Road as an ingress and egress for the operation. All trucks in association with the mining operation shall use the entrance in North Carolina to enter and exit the site. If the entrance from Princess Anne Road is used to haul material than the following shall apply: the operator shall install a left turn lane on Princess Anne Road into the borrow pit entrance, the property owner shall dedicate as deemed necessary by City Staff any additional right-of-way to accommodate the turn lane, the entrance from Princess Anne Road shall be paved and the pavement shall extend fifty (50) feet back from the property line and then graveled an additional fifty (50) feet, and an entrance plan shall be required subject to the review and approval by Department of Public Works/Traffic Engineering. 25. A vehicle wash-down station and construction entrance shall be installed at the entrance along Princess Anne Road and must be used by all haul vehicles and equipment before exiting onto the public right-of-way. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Petition of Opposition (146 Signatures) Comments of Opposition (96 comments) Letter(s) of Opposition (2) Bonney Bright Sand Company Page 6 of 6 Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department C�jk City Manager:J p Agenda Item 2 A•• Bonney Bright Sand CompanyVB_ Property • Bonney ' • • ' • -• 1 (Deferred • 1 CouncilCity Project Details West Request Princess Anne Road Modification of Conditions Campground, marsh/AG-1 & AG-2 Agricultural Staff Recommendation Approval PUBLIC LANDINGRo Staff Planner 1 Marchelle Coleman 9y°� Location 200 Princess Anne Road GPINs 2317621327, 2317709466, 2317723259, 2317612520,2317603371 Site Size 248 acres AICUZ Less than 65 dB DNL Watershed i MnasH csw r Southern Rivers Existing Land Use and Zoning District Cultivated fields, borrow pit/AG-1 & AG-2 ; Agricultural Surrounding Land Uses and Zoning Districts North Single-family dwelling, cultivated fields/AG-1 & AG-2 Agricultural South ' North Carolina line, borrow pit ' � Z East Pocahontas Club Road Single-family dwellings, cultivated field /AG-1 Agricultural Bonney Bright Sand Company Agenda Item 2 page 1 of 19 Background SummaryofProposal • The applicant is requesting a Modification of Conditions to the existing Conditional Use Permit to remove a condition on this property zoned AG-1 &AG-2 Agricultural District. • The applicant proposes to remove Condition 15 which states that the maximum number of truck trips generated by the borrow pit shall be seventy(75) per day.A truck trip shall be considered one round trip, in and out of the borrow pit. • Since the beginning of 2024, the applicant has contracted with the Department of Defense and other entities to provide construction sand, masonry sand and topsoil for a number of ongoing large-scale projects. • The applicant provided staff data outlining the inbound and outbound loads for November 2024. The applicant sells fill sand, masonry sand, and topsoil to various clients, documented as outbound loads with truck trips ranging from 27 to 136 per day. Inbound loads, consisting of unsuitable for construction, excavated, and dredged soils from construction sites, range from 32 to 357 round trips per day. To stay on construction schedules, the contractors require volumes of material that exceed the truck trip limitation established in Condition 15, which is why the applicant is requesting to remove the condition. • Staff inspected the site on December 9, 2024, to observe site conditions and to ensure all previous conditions had been met. During the visit, Staff noticed that the pine trees along Princess Anne Road, as required by Condition 10 of the 2023 approval, had not been installed.The applicant is encouraged to install the required pine trees as soon as possible to avoid a zoning violation. Staff is willing to work with the applicant to ensure this condition is met in a timely manner while recognizing there are certain times of the year that are more appropriate for planting. Condition 10 has been revised to indicate that the required pine trees shall be installed at a height of 36 to 48 inches and maintained at a height of no less than thirty (30) feet to provide adequate screening. • As with previous applications, the on-site operations will continue between the hours of 7:00 a.m. to 7:00 p.m., Monday through Saturday. No operations will be conducted on Sundays. Similarly, no changes are proposed to the duration of the operation, which is still conditioned to cease and the site to be restored by June 2030 as noted in Condition 20 of the Recommended Conditions. By June 2030, the site will be converted to a lake in accordance with the Reclamation Plan as noted in Condition 21 and exhibited on page 12 of this report. Bonney Bright Sand Company Agenda Item 2 page 2 of 19 HistoryZoning Map Key No. Request v� MDC (Borrow Pit Expansion) Approved 12/12/2023 MDC (Borrow Pit Expansion) , Approved 08/03/2021 %` f MDC (Borrow Pit Expansion) f Approved 09/15/2020 j CUP (Borrow Pit Expansion) 1 Approved 02/09/2010 Z MDC (Borrow Pit Expansion) -- R Approved 02/14/2006 CUP (Borrow Pit Expansion) Approved 11/28/2000 CUP (Borrow Pit) Approved 12/08/1989 MDC Approved 04/16/2019 2 MDC Approved 11/08/2005 CUP (Campground) Approved 11/08/1971 Applica tion Types CUP: Conditional Use Permit MDP: Modification of Proffers SVR:Subdivision Variance REZ: Rezoning NON: Nonconforming Use LUP:Land Use Plan CRZ: Conditional Rezoning STC:Street Closure STR:Short Term Rental MDC:Modification of FVR:Floodplain Variance Conditions ALT. Alternative Compliance Evaluation • • • The request for a Modification of Conditions to remove the maximum number of truck trips allowed on the site is, in Staff's opinion, acceptable.The request is consistent with the policies and goals set forth in the Comprehensive Plan for the Rural Area, as the site has remained rural throughout the years and is maintaining its commitment to the agricultural vision for this area. The applicant's request to remove Condition 15 will allow the applicant to continue to serve as a contractor for the Department of Defense and other entities on construction projects, provide sufficient material to other construction projects, and allow the company to continue to carry unsuitable construction soils to the mine pit for proper disposal and re-use in the mandate mine reclamation processes. Bonney Bright Sand Company Agenda Item 2 page 3 of 19 To ensure that the roadway to the site is kept clear at all times, Staff is recommending Condition 16 to ensure that sand, dirt, and other debris is not just pushed to the shoulder or located within any area of the public right-of-way but is cleared and disposed of in a lawful manner. Since the previous report was published, the Police Department's 1st precinct has provided feedback, noting an increase in incidents involving dump trucks in the southern part of the city. More specifically, they reported several significant crashes over the past year along Princess Anne Road, West Neck Road, and Seaboard Road. Although the Police Department has not provided specific data, they have noted that it is challenging to determine whether the vehicle incidents are linked to Bonney Bright Sand Company or other nearby borrow pits and construction sites. In response to these issues, the police are actively monitoring the area for speeding and providing stronger enforcement. The Virginia Department of Mines, Minerals and Energy indicated no opposition to this request and noted that the pit has been operating in accordance with State regulations and there have been no violations or issues on site. Based on these considerations, Staff recommends approval of this request subject to the conditions listed below. Recommended Conditions 1. All previous conditions attached to the Modification of Conditions Permit approvals of December 12, 2023 shall be voided and replaced with the following conditions below. 2. Activities on the site shall meet all the requirements identified by the Virginia Department of Mines, Minerals and Energy. Additionally, the applicant shall renew their permit and license with the Department of Mines, Minerals and Energy before October 21, 2023. 3. No excavation or restoration of the borrow pit expansion shall be allowed without first obtaining any necessary permits from the appropriate Federal, State and Local agencies, required as a result of the expansion of the existing borrow pit operation. In addition, the applicant shall renew the Non-Metallic Mineral Mining General Permit from the Department of Environmental Quality for the proposed expansion. 4. No excavation or restoration of the borrow pit shall commence until such time that a site plan has been reviewed and approved by the Development Services Center.The site plan must include a specific street and highway contingency plan that addresses the repair and replacement of any damaged roadway surfaces associated with the borrow pit operation.The site plan shall also detail the truck watering schedule currently utilized for the abatement of the dust generated by this operation and must indicate the sequence of construction for maintaining 3:1 side slopes on the borrow pit within sixty (60) days after the excavation is complete. 5. No access to or from Pocahontas Club Road shall be permitted for the borrow pit operation. 6. Operating hours shall be 7:00 a.m. to 7:00 p.m., Monday through Saturday. No operations shall be permitted on Sunday. 7. No encroachment into existing easements will be allowed.Access to drainage easements must be provided by the applicant over all the output systems within the site. Bonney Bright Sand Company Agenda Item 2 page 4 of 19 8. No encroachments into natural drainage channels shall be permitted. 9. The existing buffer of pine trees along Princess Anne Road, the double row of Loblolly and Virginia pine trees, an understory row of wax myrtle shrubs and the three to four-foot-high berm along Pocahontas Club Road used for screening and buffering shall remain undisturbed. 10. A double row of seedling pine trees shall be planted along Princess Anne Road continuing north from the existing trees that will be used as screening and buffering for the expansion of the borrow pit. The required pine trees shall be installed [begin strikethrough] at a height of 36 to 49 inc [end strikethrough] and maintained at a height of no less than thirty (30) feet. 11. Undrained pockets and stagnant pools resulting from surface drainage shall be sprayed in accordance with requirements of the state board of health to eliminate breeding places for mosquitos and other insects. 12. The one hundred (100) foot buffer between the cemetery in the southeast corner and the excavation site must remain undisturbed. 13. The maximum depth of the proposed expansion shall not exceed an elevation of 25.00 feet below ground surface from elevation 0.00 feet below ground surface. The applicant shall not breach the confining layers regardless of depth. 14. Dewatering of the pit will be allowed and the following are required: a. A permit from the Virginia Water Control Board is required to discharge any water from dewatering into a state waterway. b. The operator of the borrow pit shall be responsible for continuous water service for the private wells up to one thousand (1,000) feet from the borrow pit operation and those within twenty- five hundred (2,500)feet if proved to be affected by this operation. 15. All trucks and equipment used in conjunction with the borrow pit operation must be stored, repaired, and fueled on the borrow pit site or on property zoned for such use. 16. The roadway to the site shall be kept clear at all times. Sand, dirt, and other debris must be promptly collected and disposed of and shall not be allowed to accumulate along the side of the road or within any area of the public right-of-way. 17.The applicant and/or operator of the borrow pit shall provide sufficient information to further the knowledge of the impacted subsurface geology by providing a Monitoring Well/Bore Hole Installation Plan and to estimate existing and projected recharge of dewatering operation discharge water.The applicant shall provide a Groundwater Recharge Plan, which shall include all phases of the expansion, subject to the approval of the Director of Public Utilities or designee. 18. The Groundwater Recharge Plan shall provide for the retention of water onsite to the highest degree practical. As one means to achieve this, the flooding of depleted mine areas shall be implemented to the maximum extent practical and outlined in detail in the Groundwater Recharge Plan, accounting for all phases of expansion and reclamation. The applicant and/or operator of the borrow pit shall provide a reliable quarterly report to the Department of Public Utilities to include the analysis of the recharge system. This plan shall contain the amount of water pumped from the borrow pit, the amount of groundwater recharged on the site, the amount of water discharged to offsite surface water, the local precipitation, and a detailed description of the way in which each of these volumes were determined. Bonney Bright Sand Company Agenda Item 2 page 5 of 19 The plan shall be subject to the approval of the Director of Public Utilities or designee. 19. Testing shall be performed at each monitoring well a minimum of four times a year and analytical results shall be provided to the Director of Public Utilities or designee.The Director of Public Utilities or designee may reduce monitoring frequency to annual testing at each well. If, in the judgement of the Director of Public Utilities or designee, such results indicate that saltwater intrusion is occurring to such extent that private drinking water wells are threatened, the applicant shall cease dewatering of the borrow pit at the cost of the borrow pit operator. 20. Extension of time for operations is ending in June 2030, to include restoration of the property. 21. When mining is complete, the applicant shall redevelop the sides of the pit to a 3:1 slope within six (6) months as depicted on the plan for the borrow pit entitled "Reclamation Plan", dated October 3, 2007, revised September 10, 2009, revised July 1, 2021, prepared by Gallup Surveyors and Engineers. Said plan has been exhibited to the City of Virginia Beach City Council and is on file in the Planning Department. 22. The applicant shall provide quarterly reports from the test wells to include nitrate readings.The reports shall be submitted to the Zoning Administrator for review by the Water Resources Manager. Following the first year, frequency of the reports shall be determined by the Water Resources Manager. Required frequency shall not exceed four(4) reports per year. 23. The applicant shall submit a site development plan in accordance with the Zoning Ordinance, Article 2 C Section 227 Borrow Pits to the Development Services Center of the Planning Department for review and approval prior to any excavation of the additional areas depicted on the submitted site plan entitled "PROPOSED BORROW PIT EXPANSION PLAN FOR BONNEY G. BRIGHT", dated October 3, 2007, revised September 10, 2009, revised March 12, 2021, prepared by Gallup Surveyors & Engineers. Said plan has been exhibited to the City of Virginia Beach City Council and is on file in the Planning Department. 24. Trucks that haul material to and from the property shall not use Princess Anne Road as an ingress and egress for the operation. All trucks in association with the mining operation shall use the entrance in North Carolina to enter and exit the site. If the entrance from Princess Anne Road is used to haul material than the following shall apply: the operator shall install a left turn lane on Princess Anne Road into the borrow pit entrance, the property owner shall dedicate as deemed necessary by City Staff any additional right-of-way to accommodate the turn lane, the entrance from Princess Anne Road shall be paved and the pavement shall extend fifty (50)feet back from the property line and then graveled an additional fifty (50) feet, and an entrance plan shall be required subject to the review and approval by Department of Public Works/Traffic Engineering. 25. A vehicle wash-down station and construction entrance shall be installed at the entrance along Princess Anne Road and must be used by all haul vehicles and equipment before exiting onto the public right-of- way. 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/ Bonney Bright Sand Company Agenda Item 2 page 6 of 19 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. 2023 MDC Conditions 1. All previous conditions attached to the Modification of Conditions Permit approvals of August 3, 2021, shall be voided and replaced with the following conditions below. 2. Activities on the site shall meet all the requirements identified by the Virginia Department of Mines, Minerals and Energy. Additionally, the applicant shall renew their permit and license with the Department of Mines, Minerals and Energy before October 21, 2023. 3. No excavation or restoration of the borrow pit expansion shall be allowed without first obtaining any necessary permits from the appropriate Federal, State and Local agencies, required as a result of the expansion of the existing borrow pit operation. In addition, the applicant shall renew the Non-Metallic Mineral Mining General Permit from the Department of Environmental Quality for the proposed expansion. 4. No excavation of restoration of the borrow pit shall commence until such time that a site plan has been reviewed and approved by the Development Services Center. The site plan must include a specific street and highway contingency plan that addresses the repair and replacement of any damaged roadway surfaces associated with the borrow pit operation. The site plan shall also detail the truck watering schedule currently utilized for the abatement of the dust generated by this operation and must indicate the sequence of construction for maintaining 3:1 side slopes on the borrow pit within sixty (60) days after the excavation is complete. 5. No access to or from Pocahontas Club Road shall be permitted for the borrow pit operation. 6. Operating hours shall be 7:00 a.m. to 7:00 p.m., Monday through Saturday. No operations shall be permitted on Sunday. 7. No encroachment into existing easements will be allowed. Access to drainage easements must be provided by the applicant over all the output systems within the site. 8. No encroachments into natural drainage channels shall be permitted. 9. The existing buffer of pine trees along Princess Anne Road, the double row of Loblolly and Virginia pine trees, an understory row of wax myrtle shrubs and the three to four-foot-high berm along Pocahontas Club Road used for screening and buffering shall remain undisturbed. 10. A row of pine trees shall be planted along Princess Anne Road continuing north from the existing trees that will be used as screening and buffering for the expansion of the borrow pit.The required pine trees shall be allowed to grow and be maintained at a height of no less than thirty (30) feet. 11. Undrained pockets and stagnant pools resulting from surface drainage shall be sprayed in accordance with requirements of the state board of health to eliminate breeding places for mosquitos and other insects. Bonney Bright Sand Company Agenda Item 2 page 7 of 19 12.The one hundred (100) foot buffer between the cemetery in the southeast corner and the excavation site must remain undisturbed. 13.The maximum depth of the proposed expansion shall not exceed an elevation of 25.00 feet below ground surface from elevation 0.00 feet below ground surface. The applicant shall not breach the confining layers regardless of depth. 14. Dewatering of the pit will be allowed and the following are required: a. A permit from the Virginia Water Control Board is required to discharge any water from dewatering into a state waterway. b. The operator of the borrow pit shall be responsible for continuous water service for the private wells up to one thousand (1,000) feet from the borrow pit operation and those within twenty- five hundred (2,500)feet if proved to be affected by this operation. 15. The maximum number of truck trips generated by the borrow pit shall be seventy(75) per day. A truck trip shall be considered one round trip, in and out of the borrow pit. 16. All trucks and equipment used in conjunction with the borrow pit operation must be stored, repaired, and fueled on the borrow pit site or on property zoned for such use. 17. The applicant and/or operator of the borrow pit shall provide sufficient information to further the knowledge of the impacted subsurface geology by providing a Monitoring Well/Bore Hole Installation Plan and to estimate existing and projected recharge of dewatering operation discharge water.The applicant shall provide a Groundwater Recharge Plan, which shall include all phases of the expansion, subject to the approval of the Director of Public Utilities or designee. 18. The Groundwater Recharge Plan shall provide for the retention of water onsite to the highest degree practical. As one means to achieve this, the flooding of depleted mine areas shall be implemented to the maximum extent practical and outlined in detail in the Groundwater Recharge Plan, accounting for all phases of expansion and reclamation.The applicant and/or operator of the borrow pit shall provide a reliable quarterly report to the Department of Public Utilities to include the analysis of the recharge system. This plan shall contain the amount of water pumped from the borrow pit, the amount of groundwater recharged on the site, the amount of water discharged to offsite surface water, the local precipitation, and a detailed description of the way in which each of these volumes were determined. The plan shall be subject to the approval of the Director of Public Utilities or designee. 19. Testing shall be performed at each monitoring well a minimum of four times a year and analytical results shall be provided to the Director of Public Utilities or designee.The Director of Public Utilities or designee may reduce monitoring frequency to annual testing at each well. If, in the judgement of the Director of Public Utilities or designee, such results indicate that saltwater intrusion is occurring to such extent that private drinking water wells are threatened, the applicant shall cease dewatering of the borrow pit at the cost of the borrow pit operator. 20. Extension of time for operations is ending in June 2030, to include restoration of the property. 21. When mining is complete, the applicant shall redevelop the sides of the pit to a 3:1 slope within six (6) months as depicted on the plan for the borrow pit entitled "Reclamation Plan", dated October 3, 2007, revised September 10, 2009, revised July 1, 2021, prepared by Gallup Surveyors and Engineers. Said Bonney Bright Sand Company Agenda Item 2 page 8 of 19 plan has been exhibited to the City of Virginia Beach City Council and is on file in the Planning Department. 22. The applicant shall provide quarterly reports from the test wells to include nitrate readings.The reports shall be submitted to the Zoning Administrator for review by the Water Resources Manager. Following the first year, frequency of the reports shall be determined by the Water Resources Manager. Required frequency shall not exceed four (4) reports per year. 23. The applicant shall submit a site development plan in accordance with the Zoning Ordinance, Article 2 C Section 227 Borrow Pits to the Development Services Center of the Planning Department for review and approval prior to any excavation of the additional areas depicted on the submitted site plan entitled "PROPOSED BORROW PIT EXPANSION PLAN FOR BONNEY G. BRIGHT", dated October 3, 2007, revised September 10, 2009, revised March 12, 2021, prepared by Gallup Surveyors & Engineers. Said plan has been exhibited to the City of Virginia Beach City Council and is on file in the Planning Department. 24. Trucks that haul material to and from the property shall not use Princess Anne Road as an ingress and egress for the operation. All trucks in association with the mining operation shall use the entrance in North Carolina to enter and exit the site. If the entrance from Princess Anne Road is used to haul material than the following shall apply: the operator shall install a left turn lane on Princess Anne Road into the borrow pit entrance, the property owner shall dedicate as deemed necessary by City Staff any additional right-of-way to accommodate the turn lane, the entrance from Princess Anne Road shall be paved and the pavement shall extend fifty (50)feet back from the property line and then graveled an additional fifty (50) feet, and an entrance plan shall be required subject to the review and approval by Department of Public Works/Traffic Engineering. Comprehensive Plan Information The Comprehensive Plan recognizes this site to be within the Rural Area, a critical part of the City that encompasses the agricultural industry and economic vitality, rural heritage, and wildlife habitat. The Rural Area supplements the diversity of the City's character and provides a unique component to the City's tourist industry while maintaining the rural community that is essential to the overall quality of life for Virginia Beach residents. The vision for the Rural Area is for it to remain rural into the foreseeable future through a commitment to strong planning objectives that emphasize its agricultural and environmental economic value, in an effort to preserve the area for future generations. Guiding principles seek to protect rural character and existing scenic views" (p. B-13, Reference Handbook). Non-residential development should be located within the defined Rural Community Areas to encourage interaction of people, not vehicles" (p. B-13, Reference Handbook). Non-residential, locally oriented retail or services are limited in the rural area so as not to require the extension of urban services" (p. B-13, Reference Handbook). Proposals for non-residential development in this area should be designed to complement the surrounding rural character in terms of size, scale, architecture, and selection of materials. They should also adhere to sound environmental principles that include energy-efficient design and effective groundwater protection" (p. B-13, Reference Handbook). Bonney Bright Sand Company Agenda Item 2 page 9 of 19 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 are no known historic or cultural resources that will be affected by this project. Traffic Impacts/Transportation Traffic Counts Street Name Present Volume Present Capacity Generated Traffic Princess Anne Road 4,025 ADTl 11,200 ADT 1 LOS a„D„) No Change Anticipated 3 1 Average Daily Trips z LOS = Level of 'No information Manual for borrow Service available in the ITE pits Trip Generation Master Transportation Plan(MTP)and Capital improvement Program(CIP) Princess Anne Road in the vicinity of this site is a two-lane rural road with a 50-foot right-of-way. The MTP Map indicates an ultimate future right-of-way width of 90 feet for a roadway with a bikeway. There is currently no roadway CIP scheduled for this segment of Princess Anne Road. Active Transportation Plan There are no improvements or recommendations in the Active Transportation Plan applicable to the subject site. Public Utility Impacts Water City water is not available. Health Department approval is required for private wells. Sewer City sanitary sewer is not available. Health Department approval is required for septic systems. Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on January 13, 2025. Bonney Bright Sand Company Agenda Item 2 page 10 of 19 • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, January 29, 2025 and February 5, 2025. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on January 27, 2025. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of virginiabeach.gov/pc on February 6, 2025. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, March 4, 2025 and March 11, 2025. • 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 March 3, 2025. • 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 March 14, 2025. Bonney Bright Sand Company Agenda Item 2 page 11 of 19 ❑ie ua ravau arsa•u,�s i�.r,c.+.,e,c•ee,r.Ixs�.•w.n rc, ,...�� • (nro un uw cx�o••Rua•no) / I - t O h /` `� �y. f d �y* 1 / ,m k� ^ i� JA',xw 17 I mw --1 I ID ii `a•�• All ,.� PNNmriFA SITE PLAN ID W 6g9 ® PROPOSED BORROORW PIT EXPANSION PUN �• 9 ___ r F BONNEY O.BRIONT � .�- - .`•. -•. -.-•-+Pr,P+—__.-. GNAYIIIC`JC�LC + ,? ( .,- r-F PIBNQ ANw[ �ROIO !e'R/M � 'a."+s.'n,'.o'• . DLn orq N ry O N — r-r O M p n) N � � l0 N -G >. N 0) f0 E a v o E m O l0 e i NVId NOLLYIMN - - U Y, too, ":,;ram^"' "" �r �. 'a do .1 O fL M ml� m,= LIY xo ra W Q Q '11t73:Mtl.lYM7 Ln LN+JINS'D A3NNOS NOA �nx+`tI tea+++ (M/Y APJ OYOY 3NNY SSDIiN NYId NOI6NYd%311d M021608 .�p mSOdoad NMVIA i i ANVB J0 d01 a y yr nn aaa co NVId 31IS "Vow co J I I ^� 1 i � i Y i 1 � _ 1 1 1 �L - 1 1 1 V-V NOLL33S 1ya, Pi K • Site Photos + 4� { 4- Bonney Bright Sand Company Agenda Item 2 page 14 of 19 Site • • x a Y.4`. f Bonney Bright Sand Company Agenda Item 2 page 15 of 19 Disclosure StatementDiSCIOSUre VIRGINIA V-B- BEACH 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. SECTIONAPPLICANT DISCLOSURE APPLICANT INFORMATION Applicant Name: as listed on application Bonney Bright Sand Company Is Applicant also the Owner of the subject property? Yes@ Noo If no,Property Owner must complete SECTION 2:PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative?Yes&No© If yes,name Representative: R. Harold Jones,PWS Emeritus,Sigma Environmental Services, Inc. Is Applicant a corporation,partnership,firm,business,trust or unincorporated business? Yes@NoO If yes,list the names of all officers,directors,members,or trustees below AND businesses that have a parent-subsidiary'or affiliated business entity 2 relationship with the applicant.(Attach list if necessary.)_ S-Corp.Bonney G.Bright,President Does the subject property have a proposed or pending purchaser? Yes J No(!) If yes,name proposed or pending purchaser: KNOWI` "ITEREST BY PUBLIC Ci CIAL OR F'1PLOYEI 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 No(D if yes,name the official or empiayee,and describe the natures 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, 0 cross-collateralization,etc.) Real EstateBrokerfAgent/Realtor 0 - Disclosure Statement I rev. May-2024 page 1 of 3 Bonney Bright Sand Company Agenda Item 2 page 16 of 19 Disclosure SECTION • •. SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual) O TWhite&Ambrose,PCs Accounting/Tax Retum Preparation Architect/Designer/Landscape o O Architect/Land Planner 'Lq t"etion Contractor O O O R.Harold Jones,Sigma Emironmerdal Services,Inc. Engineer/Surveyor/Agent _ Legal Services © 0 APPLICANT CERTIFICATION READ:I certify that ail 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. Bonney G. Bright 10/10/2024 Applicant Name(Print) A1,11plica,rit Sig Date "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 shored 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 some person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the some 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): _. 2/25/2025 Marchelle L. Coleman 2/25/2025 Staff Name(Print) Staff Signature Date Disclosure Statement I rev. May-2024 page 2 of 3 Bonney Bright Sand Company Agenda Item 2 page 17 of 19 Disclosure SECTION 2: PROPERTY OWNER DISCLOSURE PROPERTY OWNER INFORMATION Property Owner Name: as listed on application Bonney G. Bright Is the Owner a corporation,partnership,firm,business,trust,or unincorporated business?YeeNoo If yes,list the names of all officers,directors,members,or trustees below AND businesses that hove a parent-subsidiary I or affiliated business entity Z relationship with the applicant.(Attach list4 necessary.) Bonney G.Bright,President L I Does the subject property have a proposed or pending purchaser? Yeso No@ If yes,name proposed or pending purchaser: _ KNOWN INTEREST PY PUBLIC OFF-" OR EMPLOYFF 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 Q NoO If yes,name the official or employee,and describe the nature o 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 entit and/or individual) (Financing(mortgage,deeds of trust, 0 O cross-collateralization,etc. Real Estate Broker/Agent/Realtor 0 0 Accounting/Tax Return Preparation Is, 0 White&Ambrose Arcilitect/Designer/landscape O Q Architect/Land Planner I Construction Contractor 0 G t^ O 0 R.Harold Jones,Sigma Environmental Services,Inc. Engineer/Surveyor/Agent Legal Services 0 0 j 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' connection with this application. Bonney G. Bright �� 10/10/2024 Property Owner Name(Print) Pr perty O r Signature Date Disclosure Statement I rev. M a y-2024 page 3 of 3 Bonney Bright Sand Company Agenda Item 2 page 18 of 19 Next Steps • Upon receiving a recommendation from Planning Commission, this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision, the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center (DSC) to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-5692. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Bonney Bright Sand Company Agenda Item 2 page 19 of 19 Virginia Beach Planning Commission February 12, 2025 Public Meeting Item #2 Bonney Bright Sand Company Recommendation: RECOMMENDED FOR APPROVAL Discussion Madam Clerk: Item#2, Bonney Bright Sand Company. Ms. Cuellar: Good afternoon. Mr.Jones: Good afternoon. Ladies and gentleman of the commission, for the record,my name is Harold Jones, and I represent Bonney Bright on this conditional use permit, to which we, as you know, have applied to eliminate or change condition#15, which requires, has required, since the pit was opened in the early 1980s,to a maximum limit of truckloads leaving the pit,round trips, if you will,to 75 trips a day. That has worked fairly well over the years,up until these past last few months. We've seen a tremendous increase, not only in purchasable products, i.e. fill sand, masonry sand, engineered sand, and some other products that are produced in this mine,but more importantly, with the amount of haul back material that we are receiving from various projects in the City of Virginia Beach. Many of those projects are, quite frankly, City of Virginia Beach projects. Some are military. Of course,we have great military assets around here that are spending a lot of money on construction projects, along with the City of Virginia Beach. If we go through what I've done, and this is new, hasn't been given to planning staff, but I do have copies that I would present to you all. Just, it gives you a list of 49 or 50 different projects that we, that have been completed or are currently in use for haul back materials coming back to our borrow pit. So, if I can give those to the clerk. So,what we have been doing is keeping track of course,we do that for, for our own purchasing and payment, but we break it down on a monthly basis. I think staff had put together in their report some calculations of what we had provided those to them in terms of both, marketable, truckloads, and truckloads of haul back material. In December, that range, we had an average,well,we had a range of 27 to 136 truckloads of sand mine, sand products that are coming from the mine with, that averaged out to 65 truckloads a day, and the days are calculated only for the pit,when the pit is open,which the last two months has only been operating five days a week. So, Saturdays and Sundays, of course, we're unable to operate on Sunday anyway, but so the average is calculated on a five-day week, and the haul back materials ranged anywhere from two to 235 truckloads a day with the monthly average,or the daily average of 115. So,in January,which,has not been,was not provided to staff by the time,this process was initiated, January of this year, we ranged from 0 to 110 truckloads of sand product per day to, and for the entire month, that averaged 55 truckloads per day, and the haul back material dropped considerably, that went from 14 down to 142, with an average of 60 truckloads a day. So that's only half,basically half of what we had in the month of December,but we're still looking at having a substantial amount of haul back material. We are the only place that I know of inside, inside the City of Virginia Beach that is permitted to have haul back material deposited on our property. So, it, it's, right now, it's sort of the only game in town unless, this new borrow pit with this was just discussed would, would come online. But anyway, to keep up with the amount of construction that's going on,and this is,again, I'll mention it's mainly,city projects and military projects,we've asked that, 75 round trips day,round trips per day limit be eliminated as a condition of the permit. Ms. Cuellar: Are there any questions for the applicant,Commissioner Hippen? Ms. Hippen: Hello sir, how you doing? How are you doing today? Mr. Jones: Yeah, fine, thank you. Ms. Hippen: Why have you not met condition#10 yet? Let me read it to you. A row of pine trees shall be planted along Princess Anne Road,continuing north from the existing trees that will be used as screening and buffering for the expansion of the borrow t pit. .The required pine trees shall be installed at a height of 36 to 48 inches and maintained at a height of no less than 30 feet. Why has that not been met, sir? Mr.Jones: Well,that's,there's a number of reasons for that. Number one, at the time of the year that that condition went into place was not conducive for planting trees. Okay. Generally,if you're going to plant pine trees,you're going to want to do it in the early spring. We are in a process right now of looking to do that, and it will be in the section that is designated for it. I've been in contact with Virginia Department of Forestry. I can buy,the seedlings from those folks from slightly less than, I think there's either 98 or 99 cents apiece. We'll take, I think, uh, at 1100,. seedlings to produce, well, it would take 550 seedlings to produce, one row of pine trees, but one of the other things that staff has recommended was that they be planted with 30 or 36 to 42 or 36 to 48 inch trees container grown. Those container grown trees are $15 a piece rather than$1 a piece, and it takes three to four times as long to plant them. In some cases, they're, they've already started to become root bound, and that was only be,they've, according to what the recommendation,was to be planted in a single row. What I'm offering as, as a counter to that is to plant a double row of pine trees of smaller size,but we'll have a greater guarantee of not dying,as some will always,will always be, will always die, we've got a greater chance and we will replace, be replaced with a thicker buffer as we've got on the original, mine when that, when that went in. Those trees were forestry grown trees. They are probably 40 to 45 feet tall now, when the mine comes in. So,the lack of maturity for one or two years, for one year's worth of extra growth in a container saves us a considerable amount of money plus double,putting in a double row of trees will help provide a thicker buffer because you've got to space them every three to four feet. So, if you put a double row in there,you can alternate the spacing on them, and it gives you a quicker,better buffer, even as,when they're small and they start to grow to maturity. So that's,that's what we're proposing, to do that. It's also a lot easier to plant, would take two men, two to three men, two or three days to plant the seedlings. If they've got to go out and dig in the ground, dig holes, with a container growing trees,it's gonna take an awful lot longer. There are problems with planting container trees to begin with. So, I've had great experience with it. I've worked with the forest service before, quite a few years ago, many years ago, and we planted thousands and thousands of yellow pine trees where I worked at, and it was always recommended that, we go with the seedlings, and its basic forgery. Ms.Hippen: Okay. So,I just want to toss this out here playing devil's advocate. Okay. You are asking to increase the trips; therefore, your business is increasing, and you're telling me that it's cost prohibitive. Mr.Jones: I never said cost prohibitive. Ms. Hippen: Okay. Well, well, you're, you're quoting cost. Okay. This was a condition from before. Okay. Now you're asking us to modify or change the number of trips that you are allowed to have. I'm,again,I'm just tossing that out there. So, is there not some halfway or something that you could do to, you know. Mr. Jones: My halfway is to increase it from one row to two rows but using smaller trees that would be more adapted to growing there, and be more likely to survive, a greater percentage of them would be more likely to survive. Ms. Hippen: Okay. Mr.Jones: That's because the,because the permanent condition only said one row of trees. Ms Hippen: Mm-hmm. It says a row. Yes, sir. Mr.Jones: A row. I'm offering two rows,which will provide a better buffer and will be planted with, I think, a better suited type of tree,aged class, for the environment that's out there. Ms.Hippen: Okay. I'll let that go. Okay. Ms.Cuellar: Thank you. Any additional questions for the applicant at this time? Okay. Thank you very much. Mr.Jones: Yes,ma'am. Thank you. Madam clerk, are there any speakers on this agenda item? We have five speakers total. Ms. Cuellar: Okay. Thank you. Madam Clerk: Our first speaker is Catherine Warner, followed by David R. Thompson. Ms. Cuellar: Okay. Welcome. If you could please state your name for the record. Ms. Warner: Catherine Baillio Warner. Thank you. Good afternoon, Chair, Vice Chair, and Commissioners. I'm Catherine Warner, and I grew up in Virginia Beach,and I work with a family business that's operated out of Virginia Beach. Thank you for this opportunity to address the City of Virginia Beach Planning Department regarding the requested modification of conditions to the existing conditional use permit for the Bonney Bright Sand Company to remove a condition on this property zoned AG-1 and AG-2 Agricultural District. My sister Anna and I work in our family sand business, the Baillio Company,which has operated in Virginia Beach since the early 1960s. We've heard mention of the company a few times so far here today. The company was started by our grandfather and operated by our father, Brody Baillio, until his unexpected death in May of 2018. We continue to operate the Baillio Company on behalf of my father's three siblings, who are all over the age of 80,and our mom,Nancy Baillio,who's here with us today,who was married to our father for over 50 years. The City of Virginia Beach has gained multiple lakefront communities and tax dollars as a result of lakes formed from sand mining and closure activities. Examples of these communities include Allenton, Sylvan Lakes, and most recently Sherwood Lakes. We're committed to compliance with all federal, state, and local requirements and have worked hard to collaborate with the City Planning Office to ensure a fair,consistent,and equitable business environment for operating sand mining operations in the City of Virginia Beach. The applicant, Bonney Bright, proposes to remove Condition 15 from his Conditional Use Permit, which states that the maximum number of truck trips generated by the borrow pit shall be 75 per day. A truck trip is defined as one round trip in and out of the borrow pit. Based on the data provided by the applicant for the month of November 2024, the applicant has been operating in violation of Permit Condition 15 exceeding the permitted truck traffic by up to six times the limit allowed by the City's permit. In addition, the City acknowledges that the applicant is in violation of Permit Condition 10 of the Conditional Use Permit, which was approved by the City on December 12, 2023. We were just discussing that condition and required planting a row of pine trees as screening. The City states that the applicant is encouraged to install the required pine trees as soon as possible to avoid a zoning violation, despite being out of compliance for over a year. In the City of Virginia Beach Planning Staff Recommendation section of the report for this agenda item, the City Planning Office recommends approval to remove the truck traffic limit to allow Bonney Bright to effectively service his customer needs. I'm speaking in opposition to the proposed removal of Permit Condition 15,which would eliminate the current daily maximum limit of 75 round-trip truck trips per day and instead would allow for unlimited truck traffic. Ms. Cuellar: Ms. Warner, I'm sorry, your three minutes is up. If you would just stay for a moment, the Commissioners may have a question for you. Ms.Warner: And my sister,when it's her time,will be able to finish. Ms. Cuellar: Pardon me? Ms.Warner: My sister is on the docket to speak to, so she'll be able to complete the statement. Ms. Cuellar: Oh, fantastic. Ms.Warner: Within our timeline. Ms. Cuellar: Thank you so much. Are there any questions for our speaker? Thank you very much. Ms.Warner: Thank you. Madam Clerk: Our next speaker is David R. Thompson, followed by Anna Baillio Standing. Audience Member: I don't believe David was able to make it to that. Ms. Cuellar: Alright,well then, we'll go to the next speaker. Thank you. Madam Clerk: Anna Baillio Standing, followed by Chris Susco. Ms. Cuellar: Welcome. Ms. Standing: I'm the second part. Ms. Cuellar: Welcome back, I should say. Thank you. I appreciate it. Ms. Standing: Let's see. So 1 think she ended on. Ms. Cuellar: We oppose. Ms. Standing: Oh, yes. Would allow for unlimited truck traffic. Before approval of such a condition that would significantly increase heavy vehicle traffic on rural roads, including Princess Anne Road, it is critical to assess the impact of heavy loaded vehicles on roads beyond what was planned in the original pavement design. I am requesting a traffic and road impact analysis of the effects of increased heavy vehicles on local roadways. The question is, do we know what the affected portion of Princess Anne Road can handle the increase in heavy weight traffic? According to the traffic impact section of this agenda item, item two,page 10 of 18, Princess Anne Road in the vicinity of this site is a fragile two-lane rural road with a 50-foot right-of-way. The city's master transportation plan map indicates an ultimate future right-of-way width of 90 feet for roadway and bikeway,but there is no capital improvement program scheduled for this section of Princess Anne Road. So, therefore, we respectfully request a traffic study and road impact study to be conducted to provide additional information to make an informed decision about the potential impacts of unlimited heavy truck traffic in this rural area of Virginia Beach and the direct impact on citizens and their property. This study would also allow residents to understand the impact of additional heavy truck traffic on the rural roads they depend on for their everyday life. How can we reward these current ongoing violations? Mr.Bright's conditional use permit that's been going on for years,just blatantly ignoring. They are clearly a blatant disregard for the city's rules and regulations that a lot of other companies are actually complying with. Not one violation or stop work order has ever been issued. It's deeply concerning for the community that these violations have been ongoing for years. Thank you for your time and attention to this important matter as we continue to work together to support thoughtful, equitable planning and development in our hometown of Virginia Beach. Ms.Cuellar: Thank you very much. Stand by in case there's a question from the commissioners. Yep. Commissioner Cromwell? Mr. Cromwell: As far as the weights are concerned, long before Bonney Bright started his sandpit,most of that land down there, I would say, is in grain. Ms. Standing: Is what? Mr. Cromwell: Is in grain, grow crop, soybeans, and corn. Ms. Standing: Correct,uh-huh. Mr. Cromwell: Would you not agree that those tractor trailers are just as heavy as the dump trucks and have been traveling that roadway before Bonney started? Ms. Standing: Yes, sir, but have you recently been down and looked at the condition of those roads? Mr. Cromwell: I have. Ms. Standing: Okay. It's bleak. Mr. Cromwell: I mean,obviously, obvious where they're. Ms. Standing: They're fragile, damaged, cracked, and it's only two lanes, so any type of heavier truck traffic that's going on with the neighbors of children driving home from school, mothers picking their kids up, families driving on that road, people that have businesses. It's, I mean, I didn't do the complete study of accidents involving dump trucks on that road, but the constraints of the width of the road is a serious issue. So,you have nowhere to pull off to get around. Mr. Cromwell: I agree. Ms. Standing: Okay. So, it's a dangerous issue. So, I'm not understanding why, after years of violating what the city has put in the cup, and now we're going to reward and be like,oh,well,you got more business. You can just use as many trucks as you want to. I find that interesting. Mr. Cromwell: Thank you. Ms.Standing: I do have visuals of people's property and what it looks like from the dump trucks. So, I'd like for everyone to take a look at people's personal property that is just, it doesn't look good. It looks like a blatant disregard. Anything else? Ms.Cuellar: Yes. Commissioner Coston. Mr.Coston: I understand you and your sister said that unlimited is a problem. What limit do you think would be viable? Ms. Standing: Well, that's why I think it's super important that someone do some sort of, you know, study down there to figure out what that area can handle. I mean, I've, you know, I've already heard that there's 164 residents down there that have been personally impacted by what's happening because of the current continued violation of what he's doing. He's not following the rules. So, when everyone else has to follow the rules and somebody doesn't because they have more business, I don't understand that concept. Mr. Coston: Thank you. Ms. Standing: Okay. I'm going to let you all take a look at this. Ms. Cuellar: Thank you very much. You can give that to the clerk. We'll have it entered into the record. Any other questions? Thank you very much. Madam Clerk,I think we have one more, another speaker. Madam Clerk: Our next speaker is Chris Susco,followed by Scott Brisbois on Webex,and that'll be our final speaker. Ms.Cuellar: Welcome. Mr.Susco: Good afternoon. Christopher Susco,and I live in North Carolina right next to the pit. So,I'm in,as much as I hate to be here in opposition of anyone that's trying to grow their business, as I'm a business owner myself, it's just,I hate to be here to do this,but it does affect my business. It affects my way of life. It affects my neighbors. I'm the one that had the petition signed. I don't know if you've all received that, but I have a copy here if you would like to see that. So, there's been many complaints regarding this. The road is just a constant mess. It's either dry and dust goes everywhere. Today,like a day like today,it's raining out. It was all muddy today. I shouldn't have to change my way of life to satisfy someone else's. It should be the other way around. If he wants to expand his business,then there needs to be some things put in place as a truck wash. Like the first item on the agenda today,they were talking about installing a truck wash. That would be a great idea. But as of right now, I completely disagree with any kind of expansion. I don't know why or how it was approved to expand the pit back in 2023. I didn't get notification of that, and I definitely would have been in opposition of that as well. Another concern, besides just the mess that it causes, someone brought to my attention is that the constant dredging in that area,we're all on wells out there. Okay,there's 716 houses in Knotts Island that are all on wells and the constant dredging is going to affect the water table. And it could, I don't know, I'm not an engineering thing,but this is what he brought to my attention,but I think it should be looked at, and we could all run out of water. Okay. So, like I said, I've got 146 signatures with complaints about the property. I own a limousine service out there. I have a CPU in Currituck County for it. You know,every time I go by there,and it's really been bad the last couple years. I've been in business for 18 years in November, and I've never thought of a time where I had to tell one of my drivers, you know, well, you get up to the pit, you're going to have to either go really slow or, you know, go around in the other lane of traffic, because I can't be showing up to my customers' houses looking like a dump truck. You know, it's not good for my business. It's just a lot of wear and tear and everyone else's cars. You know,I mean,I'm sure you all here have pretty nice cars,right? You got a good job. Why not sell some property right next door here to them and have the trucks? You know,it's several hundred dollars to get a car detailed and to have it destroyed as soon as you leave your property. It's very heartbreaking. But, so, I think the petition, I don't know if you read all the complaints or not,but I think they speak loudly of what's going on. Ms.Cuellar: Well, first of all, I do want to reassure you that we did receive your petition. I want to say 196. Mr. Susco: 146. Ms. Cuellar: Okay. So, we did receive it. We received it electronically ahead of time. So, I want you to know the system's working. So,we've had the opportunity to review that. Let me just ask the commissioners if they have any questions. Commissioner Hippen? Commissioner Cromwell? Mr. Cromwell: Yeah. According to your petition, most of the problem with the dirt is in front of the pit? Mr. Susco: Correct. Coming in and out of Knotts Island, we have to cross, you know, over that entrance there, and it's just,it's constantly dirty. I mean,they got a street sweeper out there. They try to clean it the best they can,but it's just not working,and it's not so much Bonney Bright himself or his trucks. A lot of it's the other trucks that are coming in there from other companies. He keeps, you know, he takes good care of his vehicles, but these other trucks are, got bald tires. I mean, they're just, they're pretty ragged, you know. So, I just think allowing more trucks than already on the road is just not a great idea. I know, Ms. Hippen, you were concerned about the trees. I mean,that's, I think that's the last thing on anybody's mind is the tree line. I think the road conditions and the safety of the roads. I mean, y'all are here today to make the decision because it's based on residents near the area and their safety. Okay. Everybody's safety is in jeopardy. It may, it may sound petty,but I mean, every one of my vehicles last year, I had to replace not only the brake shoes,but the brake rotors and even the callipers,which is kind of rare to have to replace those because this sand and this dirt gets all up in there. I mean, and this may sound real pity,but I bought a brand-new truck last year, and it's lifted, and it's got nice chrome wheels on it. But I kept my truck that's,that's outside right now that I've had for 27 years, and I drive it in a day like today because I cannot, I don't want to be driving that truck through that,that area. Ms.Cuellar: I have a question. So,one of the conditions in the application,and I'm just going to read it to you, and I just want to ask you to opine if you feel confident. The roadway to the site shall be kept clear at all times. Sand,dirt,and other debris must be promptly collected and disposed of and shall not be allowed to accumulate along the side of the road or within an area, excuse me, within any area of the public right-of-way. What have you observed? Mr.Susco: That that's not being done at all. They're attempting,but it's not working. Like I said, I've been, I've been living there for, it'd be 20 years in August, and I've owned my business for 18 years in November. I've not,you know, it hasn't been like this since just the past couple of years. He's kept it pretty nice. I don't know what they did back then. I think a lot of it has to do with the expansion,and now there's more trucks going in and out of there as it is,and if we allow this to be unlimited, it's just going to be a complete disaster. Ms. Cuellar: We asked our, you're the former speaker, the same question though. Is there a number that you would be comfortable with? Mr. Susco: I mean, I'm not comfortable with the number it's set at right now. I guess it's 75. That's a lot. I mean,this is a very narrow road that they travel on either. I mean,no one wants the road expanded. We moved out this way to get away from all these trucks and the busy life and stuff,you know,and now this is just,it's a constant, there's more trucks on the road. I think there are cars. I mean, me and my wife were driving one day, and we witnessed an accident with one of his trucks. I don't think it was his fault. He wasn't speeding or anything, but because the roads are so narrow, it was on Blackwater Road. I'm sure you're familiar with and there's an area right where the white line is that the asphalt is broken off, and he ran off the road just a little bit, and hit that, and the truck flipped up in the air about three times and landed on the other side of the road. If a car was coming the other way,they would have been, you know, devastating. This isn't just the first time this has happened. This has happened several times. This is just one time I witnessed it. So, it does also, you know, it's an extreme danger to have these large of the vehicles. I know you were saying about the farm vehicles and stuff like that and that's fine. They block the whole road and a lot of times they'll have a flagger either in the front or behind them to let all the coming traffic,you know,know that,hey,there's an oversized vehicle on this road. Well,the dump trucks obviously don't do that, and they don't,you know, they're not required to,but just to get to your point, sir. Ms. Cuellar: Thank you very much. Are there any other questions? Thanks for coming out today. Mr. Susco: Alright. Thank you. Madam Clerk: At this time, we're going to check to see if our final speaker is on Webex. No? Okay. That's it for speakers for this item. Ms.Cuellar: Okay. At this time,we can ask Mr. Jones to come back up to rebut. Mr.Jones: Thank you. Three or four different points that I want to make related to the comments made by the other folks. One in particular is the wells and their fear of their wells going dry. Since, we have both a combined Virginia mine and North Carolina mine that has opened completely across the state line, I have 12 monitoring wells at various levels. Some of them go, some of them are fairly shallow, down to 20 to 25 feet. We have a couple of wells that go all the way down to the Columbia aquifer,down to 180 feet. We have a good cross section in there, and they are spread across the entire mine from the very northern end all the way down beyond the southern end, and to east and west, and we have one over in the campground on the west side of the highway of Princess Anne Road. These are monitored monthly with results reported quarterly to not only the city of Virginia Beach, but also to North Carolina. The wells data that's being reported to the city has been sent out periodically to another environmental consulting firm,which does an independent analysis of the data that's being collected by a firm. We have contracted with an EPA certified firm to do not only the well level data out there,but also a considerable number of constituents that are in the water that's being tested both for contamination,which there is none, and for the primary purpose of evaluating the aquifers,both Yorktown Columbia and the shallow water aquifer closest to the surface. The mine is permitted to go to 25 feet. We run into an aquitard at about 20 feet, which means that we're no longer in finding markable material. It's a clay lens and that's what helps support the aquifers below that. A lot of the shallow water drinking wells that folks have in the area are usually in the 45 to 50 foot range. There are quite a number of wells that are going down to the Yorktown formation. Those are considerably; they have to go through two to three aquitards to get down to it. There's no way that those wells are being contaminated. They are used for, again, a primary purpose to evaluate saltwater intrusion from other aquifers within the area, but our dewatering effect only goes down to about 20 feet below the ground surface, which is, we're permitted to go 25 feet below, but we're only going down to about 10 where our marketable material runs out, and the independent analysis is done on that, that shows that there is very little in the way of loss of water level in the immediate area. There was actually an individual that lived over on the Carolina side that was claiming his well went,was fearing his well was going dry, come to find out he had a malfunction within his own well system, and the data that I had produced from 1500 feet away was considerably different. Ms. Cuellar: So, Mr. Jones, your time is up right now, but I think the commissioners may have some questions for you, so we can address some of these other issues. Mr.Jones: Yes. Ms. Cuellar: So, if you could just pause for one moment,please. Mr.Jones: Sure. Ms.Hippen: Okay. So,for the record,I drive a rogue. Okay. But I've got two questions for you. Okay. I'm going to go over some dates here. The borrow pit expansion was approved the 121'of December 2023. Mr.Jones: Right. Ms. Hippen: Okay. Today is February 12, 2025. Okay. I'm going to go back to the trees for a minute, then I'm going to go to the concerns that were raised by these folks over here. Can you hear me good? Because I'm a retired master chief. I can speak up as loud as you need. You look like you couldn't hear me. Okay. So,you stated previously when I asked about the trees,the one row of trees, and I have looked back and the original 2023 condition was that the existing buffer of pine trees along Princess Anne and so on. Okay. So, this was, that was originally a condition of the 2023 expansion. You stated earlier that the reason you hadn't planted any trees is because weather hadn't been permitting. Okay. I believe you've had weather since December of 2023 to plant some trees. I'm just saying. Okay. But what I really want to concentrate on is what these neighbors in that area are talking about. They're talking about damage to vehicles. They're talking about road conditions. My question to you is, what is the plan to rectify the situation of the road condition that is caused by vehicles going to this mine? Okay. Because one of the conditions on here states, condition 16 for today, the roadway to the site shall be kept clear at all times. Sand, dirt, and other debris must be promptly collected and disposed of and shall not be allowed to accumulate along the side of the road or within any area of the public right-of-way. Now this gentleman is talking about,he's not just having to change discs,but he's having to change callipers, which is, which is, tells me that there's, there's accumulation of substances on the road that are damaging his vehicles for his business. So again,my question is,what is the plan or what actions are, are you going to take to mitigate the problems that these people are talking about, sir? Mr.Jones: Well, first, first off, in terms of the roadway,we have,we have a piece of equipment and an operator that spends 10 hours a day out there, with a, it's a tractor with a road sweeper on it, and, we sweep the road almost constantly, takes a break every now, and then we wait for it to build up a little bit, and then,because you just can't have a piece of equipment out there in the road a 100%of the time and not affect traffic. Okay. Ms.Hippen: I understand that. I worked on airplanes. I understand that. Mr.Jones: Okay. We, we have one. There was, there was a time a couple of months ago when that piece of equipment broke down and we had to wait for parts, and it was at a bad time. That was at the time when we had the highest volume of haul back coming in, and the weather is just as bad, if not worse than it is out there today. So, yeah, there was an accumulation of material. Cars got muddy, and you know,we got the equipment repaired as soon as possible and went back and,and we do continuous sweeping. Does it pick up a 100%? No,it doesn't. It isn't any different than,you know,the material that comes on a car is after the city goes through and and puts salt all over the road. Because I guarantee you there was more people in the car washes after that salt was on the road than ever,than any car going up and down Princess Anne Road in front, in front of the pit. Ms. Hippen: Okay. So,you've told, you said a lot of words. My question is, what is the plan to mitigate it? I understand items do break. Let me fmish. I understand items do break. My question is,while you were waiting for those parts,why couldn't you rent another vehicle to clean the roads? But again, what,what plan do you have in place? Is there a way that you can talk to the city? And hey,we've got,you know,this part of the road,because I can tell you that when my sister was visiting her son down here in Virginia Beach and Providence had been razzed and she tore up two tires. The first thing 1 did was I called the police department, and I told them you have a road hazard, and it is dark out here. Then the next day, I called and let the city know you have a road hazard. Okay. So, these are actions. I am asking you, sir, specifically, and I'm going to chill out. I am asking you specifically for action plans to mitigate the problems that these people that live in that area have. Mr.Jones: Well,our mitigation plan per se is the action plan that we have,where we have a piece of equipment out there for the time that we open the doors. We start operation in the morning until we close generally at 5 o'clock in the evening, a little bit before, a little after we open up and a little before we close, there is a piece of equipment out there standing by and ready to sweep the roads as much as possible, and to do it in a safe manner, and not obstruct traffic any more than it has to be able to get the road clean. I mean, it doesn't get any simpler than that. Ms.Hippen: Well,I don't live down there. These people do and they're bringing a valid complaint according to the pictures that they're showing, and that's why I'm asking you, and I understand it's frustrating for you. But that's why I'm asking. But again, and the other piece of my question is the trees. You told me when I asked the question before that you didn't have the weather to plant the trees. Okay. Mr. Jones: So, I said, I said the timing,because the timing. Ms.Hippen: Timing, explain it to me like I'm five, sir. Mr.Jones: It was,it was approved. The plan was approved on 23 December. It was not until we had to,we had to clear trees before we could,we had to clear that entire 13 to 15 acres,which was part of that expansion. That all had to be cleared,and that took a long time. That took months and months before we could get in and begin to extract any marketable material. So,it was well beyond the timing of being able to plant trees in the early spring,because that area wasn't cleared. So,that puts us into 24 automatically. Okay. This is the first, this is the first spring we will have where we can plant trees, where the land is available, and not being, deforested and de-stumped and, slope graded,so that the whole thing,slopes away from the road. So,we don't flood the road. This is the first year that we've got, have available for us to do it. And that's why we're doing it at this time. Ms.Hippen: Okay. Madam chair, I'm done. Thank you. Ms.Cuellar: Thank you. Are there any questions for Mr. Jones at this time? Ms. Cuellar: Okay. I have a question. So, in reading the petition and listening to the neighbors, there's grave concern about the activity at the pit. Tell me a little bit about how we go from 75 to an infinite number. What would be a comfortable number as a compromise to relieve some of the tension from the neighbors? Mr. Jones: Well, I'm not, I don't know that there is a number that I can give you. What bothers me personally, professionally, is that, that there's a number at all. Why do you put a number on limiting somebody's business? I mean, do you limit the number of cars can pull into a gas station and get gas after they sell X number of gallons of gasoline? I don't know of any other business that limits that type of activity that's regulated by the city. I just, I just don't, were there truck limits on,on any of the other,on Baillio Sand,or on any of the other borrowed pits that have come and gone,that,that have expanded their reserves? I don't believe there has. Now,I haven't looked, I've never looked at their permits, but I doubt very seriously that 75 truckload limit is sort of a vestige of when this permit was first applied for and received because there was questions about the use of trucks being parked over at Bonney Bright's agricultural business, and his,his places of office and where he has all of his farming equipment over on Buzzard Neck Road. Buzzard Neck Road, you're lucky and get the dump truck down, one dump truck, let alone two of them passing on Buzzard Neck Road because they're going to be off on the side of roads. That was a legitimate concern, but in terms of how it, how or why it was even established back in the late 1980s. I wasn't,I wasn't part,I wasn't with the organization at that time,and I can't give you a good answer. I just know that it is, it's a vestige that came with the very first permit, and it's been carried over without comment for every time we've come back in for a permit renewal. Ms. Cuellar: Thank you very much. And given the increased activity, should this be approved, are you prepared to take care of the roadway as is part of the condition? Mr. Jones: You can go out there right now, it's raining, and there's a piece of equipment sitting out there, and periodically he cleans that road. Ms. Cuellar: Thank you very much. Mr. Jones: Yes. Okay, I'll leave it at that. Ms. Cuellar: Okay, thank you. Any additional questions from the commissioners? No. Thank you very much, Mr. Jones. Okay. At this time, I'd like to open the floor for discussion or to entertain a vote. Commissioner, excuse me, a motion. Commissioner Mouch. Mr. Mauch: Just a couple of questions mainly for staff. Could I get clarification on the trips per day? Is that haul back material or is that loads out and coming back? Where is that all encompassing? Ms. Alcock: You mean in the condition how it's currently written? It would be a round trip, so one trip in, one trip out would equate to one trip. Mr.Mauch: Doesn't matter if it's coming from the sand pit, sand. Ms.Alcock: As the condition is currently written,it would just be one trip in,one trip out equates to one trip. Mr. Mauch: Alright, and I just, addressing some of the concerns that were there, obviously the road being dirty and needing to be cleaned adequately,as much as they can do is we need to make sure that that's being done, but, it is nice to see that the wells are being monitored at multiple different depths. Do we have any other pits where people take loads to, and do they have max loads as well? Ms. Alcock: Trying to get the microphone on. It depends on the conditions. Each pit can be conditioned differently, so there are other pits within the area. There's the pit on seaboard. There's the one further up on Princess Anne Road adjacent to Sherwood Lakes. There's this pit on Princess Anne,but each pit's conditions can vary. Mr. Mauch: Okay, do we know what they're conditioned for those two pits that are within that area? Ms. Alcock: I will need to do a little bit more research on the MM Gunner pit unless someone from zoning behind me knows the one on seaboard. The pit beside Sherwood Lakes does not have a limit on the number of trips per day. That's the one on Princess Anne Road kind of beside the Shorebreak Pizza location. Mr. Mauch: Okay. Alright. I think that's all the questions that I have for right now. Ms. Cuellar: Thank you. Commissioner Cromwell. Mr. Cromwell: Mr. Jones, of all these government jobs that you gave us, this list here, what's the time limit on these? Are they, are they halfway through? Are they just starting,or? Mr. Jones: Oh, your question Mr. Cromwell, is that I would say the purpose of that was to show you, to demonstrate the types of clients that we have had in the most recent past, and what we currently, currently have right now. Mainly that they were Virginia Beach projects, most, U.S. government projects. There are some that are closed,but those are the typical types of clients that we have been hauling material to, and the types of clients that are bringing haul back, down to the pit. Mr. Cromwell: So, of this list that you gave us here, some of them are done and some of them are still active. Mr. Jones: Yes, sir. Mr.Cromwell: How many would you say are still active,roughly? Mr.Jones: Probably greater than, slightly greater than 50%. Mr. Cromwell: Okay. Is there any, I guess there's no way to tell what the timeline is for how long they'll be ongoing or? Mr. Jones: No. The biggest surge that we saw that produces the highest number of truckloads really came from the Bow Creek project that was, that's a lot of material because they're, they're excavating one big lake up there in that old golf course to obviously help the public in terms of flooding that went on a number of years ago with our thousand year storm event. Mr. Cromwell: So, Bow Creek, and that would be a city project? Mr.Jones: Yes, sir. Mr. Cromwell: Thank you. Ms. Alcock: Commissioner Mauch, I did want to address, I had zoning look up, the seaboard, borrow pit that MM Gunner operates. It does not have a restriction on the number of trucks and neither does the pit,that's besides Sherwood Lakes. Ms. Cuellar: Commissioner Hippen? Ms. Hippen: This is going to be more of a statement. I don't, I don't have any more questions, because I feel that, that they've been unsatisfactorily responded to. Yes, this is a business. Gas stations,by the way, are limited by how much gas they have in the tanks, and when that gas runs out,they call another truck,so there is a limit. I did ask you to explain it like I was five, so I guess I got what I asked for. I don't see where,the neighbors are being looked out for, and I do feel that some conditions from 2023 have not been met. So, I think, I think, a business needs to meet the conditions that they have before they request to do more,and I have stated this on other occasions. As far as what a plan could be, an additional plan besides a street cleaner,maybe there's a method of a truck undercarriage wash as they leave the site. Maybe there's a couple other things. Like I said,I worked on airplanes. So,there's a few things that I think could be done to make this business a better neighbor, and with that said, I cannot support adding more trips until the people that live around this borrow pit feel that their property and their area is respected. Thank you. Ms. Cuellar: Thank you very much,Commissioner. Commissioner Mauch. Mr.Mauch: Yeah,you know,with the,with all of these that I'm looking at,and, and I know staff hasn't got a chance to review them, but it really looks like it's the City of Virginia Beach that's bringing in the bulk of the load, and, and I just,you know, it's hard to, I wonder what it would do to all of our projects that we have going on, you know, if we weren't able to, if they weren't able to meet the demand of what the city's expected,but we also need to make sure that we're keeping that area nice and clean for the neighbors being, obviously being a good neighbor. I have a tough time with a business having a ceiling put on, on themselves and, and, you know, other businesses of like, you know, not having to adhere to the same thing. I'm not too concerned about the trees. I think once this pit dries up, they're going to have to go through a reclamation process anyways. As one of the,as one of the,one of the speakers had mentioned that that's the least of their concerns. I wouldn't, I think it's sufficient to put double amount of trees in there than have to go with the height requirement, but that's just kind of me about, I find it tough to put a restriction, a load restriction on somebody when nobody else has one. Ms. Cuellar: Thank you. Commissioner Alcaraz. Mr. Alcaraz: Yeah, I agree with Commissioner Mauch. It's hard, but, and I hear the concerns, but in the building industry, sand, I hate to say it is the foundation of everything, and right now this list of 49, 49. So that would have been one,just over one load per project. But it doesn't list all the private sector, everyone that's building out there, or putting a pool, or doing something in their property,but sand is so important to us, and we're sitting here trying to get more land to build more and we need the sand,and it's hard for me to decide too,but at this point I'm going to support it. Ms, Cuellar: Thank you very much. So, I just wanted to comment that, I come from a place of being a rule follower, and I'm struggling with the removing the condition for 75, because I don't feel right now that the applicant has been a good neighbor. So, I'm not comfortable removing it. I would have preferred to have seen a number where there was a compromise. Right now,I'm not seeing any compromise or really willing to negotiate and be a better neighbor. So, at this point, I will not be supporting the application. So, if there's no further discussion, we can entertain a motion if the commission is ready at this time. Mr.Alcaraz: Yeah, I'll make a motion that we approve it. Ms. Cuellar: Motion for approval from Commissioner Alcaraz. Is there a second? Mr. Coston: I'll second. Ms. Cuellar: Second from Commissioner Coston. Further discussion? Yes. Commissioner Parks. Mr. Parks: I was kind of on the fence like everybody else about the which way I was going to go. But I think, if we do move forward with approving it,we need to put some kind of actionable way to keep the road clean. Not just say we're going to keep the road clean with the street sweeper. There are methods such as a truck wash down or a construction entrance that will knock the dirt off the trucks before they ever make it to Princess Anne Road,which will help be a better neighbor to the folks. So that to me is the compromise that if we're moving forward that we do need to make some kind of condition be put in that. Ms. Cuellar: So, condition number 16, if I could just ask you to review that, are you asking that to be expanded upon? Mr.Jones: Yes,ma'am. Ms. Cuellar: Tell me again your recommendation for that specifically. Mr. Parks: That that a construction entrance be maintained and that a vehicle wash down be added at the entrance to make sure that vehicles are being cleaned before they get on to the public right away. Ms. Cuellar: Thank you. Mr.Alcaraz: Madam Chair, I accept that revision or amendment. Ms.Cuellar: So,then we have a modification to condition number 16 for the vehicle wash down at the entrance. Okay. Further discussion, Commissioner Anderson. Mr. Anderson: Yes, thank you. With what Commissioner Park said, I just wanted to explain a little bit more in depth that the applicant says that they've been doing the brushing of the road for a long time, but the neighbors have said it's not working. So, something needs to change to find out a way to make it work,and having a piece of equipment out there every day brushing off is not working. So, Commissioner Park's suggestion is, I think our best avenue to get it fixed and move forward. Ms. Cuellar: Thank you very much. Commissioner Mauch? Mr. Mauch: I think that would be good. I would like to see, if you'd like to accept it as a friendly amendment to just remove the height of the trees and add a second row of plantings. Mr,Alcaraz: Yeah, if you're asking me. Yes. Thank you. Ms.Hippen: And with the trees, since we got by the way the car wash was my suggestion he just motioned it, or the truck wash. The trees need to be planted this year. Okay, spring is coming, and you didn't have the time before,but it's about being a good neighbor. There are several people here who have businesses and homes there, and to me it's about being a good neighbor period. Ms. Cuellar: Okay. Thank you. So, then would the applicant just to confirm your friendly amendment the applicant's proposal for the two rows of seedlings? Mr. Alcaraz: So, my motion with the two revisions. Do I need to state them? Ms. Cuellar: That's what I just wanted to ask as a point of clarity. Do we just restate? Mr. Alcaraz: I accepted two amendments. Thank you. Ms. Cuellar: Okay. So, we have a motion from Commissioner Alcaraz with two amendments seconded by Commissioner Coston. Madam Clerk: The vote is open. Ms. Cuellar: Are there any commissioners abstaining? Mr. Plumlee: I'm abstaining from this matter for the reason set forth on letter with the city attorney's office. Madam Clerk: The vote is open. By a vote of 6 to 2 with one abstention from Commissioner Plumlee, Item#2 Bonney Bright Sand Company has been recommended for approval. Vote Tall AYE 6 NAY 2 ABS 1 ABSENT 1 Alcaraz X Anderson X B ler X Cromwell X Coston X Cuellar X Hi en X Mauch X Parks X Plumlee X Conditions 1. All previous conditions attached to the Modification of Conditions Permit approvals of December 12, 2023 shall be voided and replaced with the following conditions below. 2. Activities on the site shall meet all the requirements identified by the Virginia Department of Mines, Minerals and Energy. Additionally, the applicant shall renew their permit and license with the Department of Mines, Minerals and Energy before October 21, 2023. 3. No excavation or restoration of the borrow pit expansion shall be allowed without first obtaining any necessary permits from the appropriate Federal, State and Local agencies, required as a result of the expansion of the existing borrow pit operation. In addition, the applicant shall renew the Non-Metallic Mineral Mining General Permit from the Department of Environmental Quality for the proposed expansion. 4. No excavation or restoration of the borrow pit shall commence until such time that a site plan has been reviewed and approved by the Development Services Center.The site plan must include a specific street and highway contingency plan that addresses the repair and replacement of any damaged roadway surfaces associated with the borrow pit operation. The site plan shall also detail the truck watering schedule currently utilized for the abatement of the dust generated by this operation and must indicate the sequence of construction for maintaining 3:1 side slopes on the borrow pit within sixty(60) days after the excavation is complete. 5. No access to or from Pocahontas Club Road shall be permitted for the borrow pit operation. 6. Operating hours shall be 7:00 a.m. to 7:00 p.m., Monday through Saturday. No operations shall be permitted on Sunday. 7. No encroachment into existing easements will be allowed.Access to drainage easements must be provided by the applicant over all the output systems within the site. 8. No encroachments into natural drainage channels shall be permitted. 9. The existing buffer of pine trees along Princess Anne Road, the double row of Loblolly and Virginia pine trees, an understory row of wax myrtle shrubs and the three to four-foot-high berm along Pocahontas Club Road used for screening and buffering shall remain undisturbed. 10. A double row of seedling pine trees shall be planted along Princess Anne Road continuing north from the existing trees that will be used as screening and buffering for the expansion of the borrow pit.The required pine trees shall be installed [begin strikethrough] a+acuheight of zc to 44 ine-hos [end strikethrough] and maintained at a height of no less than thirty (30) feet. 11. Undrained pockets and stagnant pools resulting from surface drainage shall be sprayed in accordance with requirements of the state board of health to eliminate breeding places for mosquitos and other insects. 12. The one hundred (100) foot buffer between the cemetery in the southeast corner and the excavation site must remain undisturbed. 13. The maximum depth of the proposed expansion shall not exceed an elevation of 25.00 feet below ground surface from elevation 0.00 feet below ground surface.The applicant shall not breach the confining layers regardless of depth. 14. Dewatering of the pit will be allowed and the following are required: a. A permit from the Virginia Water Control Board is required to discharge any water from dewatering into a state waterway. b. The operator of the borrow pit shall be responsible for continuous water service for the private wells up to one thousand (1,000) feet from the borrow pit operation and those within twenty-five hundred (2,500)feet if proved to be affected by this operation. 15. All trucks and equipment used in conjunction with the borrow pit operation must be stored, repaired, and fueled on the borrow pit site or on property zoned for such use. 16. The roadway to the site shall be kept clear at all times. Sand, dirt, and other debris must be promptly collected and disposed of and shall not be allowed to accumulate along the side of the road or within any area of the public right-of-way. 17. The applicant and/or operator of the borrow pit shall provide sufficient information to further the knowledge of the impacted subsurface geology by providing a Monitoring Well/Bore Hole Installation Plan and to estimate existing and projected recharge of dewatering operation discharge water.The applicant shall provide a Groundwater Recharge Plan, which shall include all phases of the expansion, subject to the approval of the Director of Public Utilities or designee. 18. The Groundwater Recharge Plan shall provide for the retention of water onsite to the highest degree practical. As one means to achieve this, the flooding of depleted mine areas shall be implemented to the maximum extent practical and outlined in detail in the Groundwater Recharge Plan, accounting for all phases of expansion and reclamation. The applicant and/or operator of the borrow pit shall provide a reliable quarterly report to the Department of Public Utilities to include the analysis of the recharge system. This plan shall contain the amount of water pumped from the borrow pit, the amount of groundwater recharged on the site, the amount of water discharged to offsite surface water, the local precipitation, and a detailed description of the way in which each of these volumes were determined.The plan shall be subject to the approval of the Director of Public Utilities or designee. 19. Testing shall be performed at each monitoring well a minimum of four times a year and analytical results shall be provided to the Director of Public Utilities or designee.The Director of Public Utilities or designee may reduce monitoring frequency to annual testing at each well. If, in the judgement of the Director of Public Utilities or designee, such results indicate that saltwater intrusion is occurring to such extent that private drinking water wells are threatened, the applicant shall cease dewatering of the borrow pit at the cost of the borrow pit operator. 20. Extension of time for operations is ending in June 2030, to include restoration of the property. 21. When mining is complete, the applicant shall redevelop the sides of the pit to a 3:1 slope within six (6) months as depicted on the plan for the borrow pit entitled "Reclamation Plan", dated October 3, 2007, revised September 10, 2009, revised July 1, 2021, prepared by Gallup Surveyors and Engineers. Said plan has been exhibited to the City of Virginia Beach City Council and is on file in the Planning Department. 22. The applicant shall provide quarterly reports from the test wells to include nitrate readings.The reports shall be submitted to the Zoning Administrator for review by the Water Resources Manager. Following the first year, frequency of the reports shall be determined by the Water Resources Manager. Required frequency shall not exceed four (4) reports per year. 23. The applicant shall submit a site development plan in accordance with the Zoning Ordinance, Article 2 C Section 227 Borrow Pits to the Development Services Center of the Planning Department for review and approval prior to any excavation of the additional areas depicted on the submitted site plan entitled "PROPOSED BORROW PIT EXPANSION PLAN FOR BONNEY G. BRIGHT", dated October 3, 2007, revised September 10, 2009, revised March 12, 2021, prepared by Gallup Surveyors & Engineers. Said plan has been exhibited to the City of Virginia Beach City Council and is on file in the Planning Department. 24. Trucks that haul material to and from the property shall not use Princess Anne Road as an ingress and egress for the operation. All trucks in association with the mining operation shall use the entrance in North Carolina to enter and exit the site. If the entrance from Princess Anne Road is used to haul material than the following shall apply: the operator shall install a left turn lane on Princess Anne Road into the borrow pit entrance, the property owner shall dedicate as deemed necessary by City Staff any additional right-of-way to accommodate the turn lane, the entrance from Princess Anne Road shall be paved and the pavement shall extend fifty (50) feet back from the property line and then graveled an additional fifty (50) feet, and an entrance plan shall be required subject to the review and approval by Department of Public Works/Traffic Engineering. 25. A vehicle wash-down station and construction entrance shall be installed at the entrance along Princess Anne Road and must be used by all haul vehicles and equipment before exiting onto the public right-of-way. 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. Deny Modification of Conditions regarding Bonney Bright Sand Company (Page: 1/3) # Name Email address City Date 1 David Swoope davidswoope@gmail.com Knotts Island 2025-01-06 2 Lynette Lewis lalewis718@gmail.com Knotts Island 2025-01-06 3 Kenneth Scaggs kennethescaggs@gmail.com Knotts Island 2025-01-06 4 Jenny Baart jennybaart@gmail.com Knotts Island 2025-01-06 5 Jennifer Umbrell jumbre11180@comcast.net Knotts island 2025-01-06 6 Amber Phelps amberlynnp252@gmail.com Virginia Beach 2025-01-06 7 Becky Parker becky.parker77@gmail.com Knotts Island 2025-01-06 8 Stanley Domingo sayoplus3@icloud.com Virginia Bch 2025-01-06 9 Annalisa Swoope peteswoope@gmail.com Knotts Island 2025-01-06 10 Jennifer Kane jenkane6@gmail.com Knotts Island 2025-01-06 11 James Baart cicabinetry@gmail.com Knotts Island 2025-01-06 12 David Barham feetl3ee@hotmail.com Knotts Island nc 2025-01-06 13 Kelly Davenport kdavenport60@gmail.com Knotts Island 2025-01-06 14 Sherry Brock sbrock7591@yahoo.com Knotts Island 2025-01-06 15 Tina Breeden tina.breeden@yahoo.com Knotts Island 2025-01-06 16 Danny Walker spoolnbugeye@gmail.com Knotts Island 2025-01-06 17 Tiffannie Page tgrimstead78@gmail.com Knotts Island 2025-01-07 18 Zachary Harwood mxtwo50r@gmail.com Knotts Island 2025-01-07 19 Bill Breeden wl.breeden@yahoo.com Knotts Island 2025-01-07 20 Brian Saieva ontargetracing4ll@gmail.com Knotts Island 2025-01-07 21 Tracy Ferris islandclumbers@gmail.com Knotts Island 2025-01-07 22 Julia Ritz juliam0522@gmail.com Knotts island 2025-01-07 23 David Thomson buccslover@hotmail.com Knotts Island 2025-01-07 24 Steven Girardin lowfusion4@yahoo.com Knotts Island 2025-01-07 25 Jeannie Girardin dustycurls@gmail.com Knotts Island NC 2025-01-07 26 Tanya Garbati llowcavy@gmail.com Knotts Island 2025-01-07 27 Casie Hoover casie.l.miller@gmail.com Virginia Bch 2025-01-07 28 Martha Baart jbiv7l@gmail.com Knotts Island 2025-01-07 29 John Jordan john.l.jordan2942@gmail.com Knotts Island 2025-01-07 30 Ann Bright annshouseofnuts@hotmaii.com Knotts Island 2025-01-07 31 Jane Brumley janebrumley@outlook.com Virginia each,VA 2025-01-07 32 Kathy Jirdan walstongirl@yahoo.com Knotts island 2025-01-07 33 Dwight Scott dwightscott76@gmail.com Knotts Island 2025-01-07 34 Tamara Bland kiblands@gmail.com Knotts Island 2025-01-07 35 Edward Garner tugboatdady@verizon.net Knotts island 2025-01-07 36 Mary Knutsen marykerns33@gmail.com Knotts Island 2025-01-07 37 Carol Molloy carolfmolloy@gmail.com Knotts Island 2025-01-07 38 William Blair williamjkblair@gmail.com Knotts Island 2025-01-07 39 Mandi Conner amandaconner@cox.net Knotts Island 2025-01-07 40 Sandra Leonhardt sandkil3@verizon.net Knotts Island 2025-01-07 41 Dale Lister dlister@adrianbuildersgroup.com Knotts Island 2025-01-07 42 Kimberly Lister klister@adrianbuildersgroup.com Knotts Island 2025-01-07 43 Shelly Outten pawly2011@yahoo.com Knotts Island 2025-01-07 44 Donna Anderson donnaandersonl23@me.com Knotts Island 2025-01-07 45 Kristy Johnson kristy4122801@aol.com VIRGINIA BCH 2O25-01-07 46 John Sayas john.sayas@hotmail.com Knotts Island 2025-01-07 47 Lorraine Sayas rainie8928@cox.net 27950 2025-01-07 48 Brett Ferris obxmetalworks@earthlink.net Knotts Island 2025-01-07 49 John Harley III jharley3rd@gmail.com Knotts Island 2025-01-07 50 Rhonda Warman rgwarman@aol.com Knotts Island 2025-01-07 Deny Modification of Conditions regarding Bonney Bright Sand Company (Page: 2/3) # Name Email address City Date 51 David Burke sixt8poni@yahoo.com Knotts island 2025-01-07 52 Jim Waterfield coolneonrt@yahoo.com Knotts Island NC 2025-01-07 53 Joseph Franklin nojoe76@icloud.com Knotts island 2025-01-07 54 Linda Futrell fboblin@yahoo.com Knotts Island 2025-01-07 55 Jessica Burke jess80db70@yahoo.com Knotts Island 2025-01-07 56 Deann Toplak dtoplak@verizon.net Knotts Island 2025-01-07 57 Bardley Hodges taxladyatobx@aol.com Knotts island 2025-01-07 58 Summer Lane summerlane33@gmail.com Virginia Beach 2025-01-07 59 Mary Blackmore rvr2m@aol.com Knotts Island 2025-01-07 60 Allison Pringle shellyatobx@aol.com Knotts Island 2025-01-07 61 Gary whitehurst huntnfishl23@icloud.com Knotts Island 2025-01-07 62 Melanie Pittman melpittmanl2@yahoo.com Knotts island 2025-01-07 63 Mary Dowell med2220@yahoo.com Virginia Beach 2025-01-07 64 Kristen Huber khuber0007@hotmail.com Knotts Island 2025-01-07 65 Jacob Lewis jacobhlewis@aol.com Knotts Island 2025-01-07 66 John lacovazzi john.iacovazzi@outlook.com Knotts Island 2025-01-07 67 Kristin Johnson kristin667@aol.com Knotts Island 2025-01-07 68 Austin Forester austinff2@gmail.com Knotts Island 2025-01-07 69 Christina Davis patandchristyd@gmail.com Knotts Island 2025-01-07 70 Selena Whitt selenawhitt@att.net Knotts Island 2025-01-07 71 alexandria DeFord lexydeford@vakosdevelopment.com Knotts Island 2025-01-07 72 Patrick Davis goin2bdef@cox.net Knotts Island 2025-01-07 73 Heather Garner knottme8@gmail.com Knotts island 2025-01-08 74 Cacey Deford gandewelding@gmail.com Knotts Island 2025-01-08 75 Christine Woods woodschristinel985@gmail.com Virginia Beach 2025-01-08 76 Eric Demo eric.demo.nc@gmail.com Knotts Island 2025-01-08 77 Ashley Demo ashleylwaterfield@gmail.com 27950 2025-01-08 78 Kyle Pfeifer stellal962@cox.net Virginia Bch 2025-01-08 79 Alex Vann alexvann@coastalbreezellc.com Virginia beach 2025-01-08 80 Martha Baart baartmarcy@gmail.com Knotts Island 2025-01-08 81 Mason Lewark masonlewark@yahoo.com Knotts island 2025-01-08 82 Ryan Fahey theblackwateraqua@gmail.com Knott's island 2025-01-08 83 Hilton Gray davygray@cox.net Knotts Island 2025-01-08 84 Walter Raffia e2cwsi@yahoo.com Virginia Beach 2025-01-08 85 Susan Myers susegwhol@verizon.net Knotts Island 2025-01-08 86 Justin Sheldon thebig72red@gmail.com Virginia Beach 2025-01-08 87 Margaret Raffa mraffal@verizon.net Virginia Beach 2025-01-08 88 Tina Sealey tinamsealey@gmail.com KNOTTS ISLAND 2025-01-08 89 Megan Thomson meganbthomson@gmail.com Knotts Island 2025-01-08 90 Connie Bearden conniebearden68@gmail.com Knotts Island 2025-01-08 91 Denver Lentz denverlentz@gmail.com Knotts Island 2025-01-08 92 Lance Boyd Irbfirefighter@gmail.com Knotts island 2025-01-08 93 Sean Lee seanstrayerll@live.com Knotts Island 2025-01-08 94 Angela Shepard angelashepard824@gmail.com Knotts Island 2025-01-08 95 Samantha Walker wildarrowki@gmail.com Knotts Island 2025-01-08 96 Kevin Zarth chiefkz@cox.net Knotts island 2025-01-08 97 Hannah Forestee hannahandesva@gmail.com Knotts island 2025-01-08 98 Olivia Lee oliviaaustinll3@gmail.com Knotts Island 2025-01-08 99 Heidi White fayrwynepoms@yahoo.com Knotts Island 2025-01-08 100 Joshua Ballou jtballou6@gmail.com Pungo 2025-01-08 Deny Modification of Conditions regarding Bonney Bright Sand Company (Page: 3/3) # Name Email address City Date 101 Germaine Findlay glfindlay@cox.net Knotts Island 2025-01-08 102 kimberli sparks kimberli92@gmail.com knotts Island 2025-01-08 103 Mario Bortoluzzi flyingpizza@cox.net Virginia Beach 2025-01-08 104 Kurt Pipkin kurtpipkin84@gmail.com Knotts Island 2025-01-08 105 Leah Edge edgeleah3@gmail.com Knotts island 2025-01-08 106 Heather Maxwell maxwellhouse2627@gmail.com VIRGINIA BCH 2O25-01-08 107 Richard Cicogna rjcicogna@gmail.com Knotts island 2025-01-08 108 Brittany Nosay brittanynosay@icloud.com Knotts island 2025-01-08 109 Jennifer Meyer jenhurst24@hotmail.com Knotts Island 2025-01-08 110 Norman Wilson killdevilfalls@gmail.com Knotts Island 2025-01-08 111 ryan williams rwilliams@redsrepairllc.co Knotts Island 2025-01-08 112 Chelsea Browne brownechelsea4@gmail.com Knotts Island 2025-01-08 113 Alton Brock sbrock62@msn.com Knotts Island 2025-01-08 114 Robin Burnette angl4sum@yahoo.com Knotts Island 2025-01-08 115 Bernard Hanfin bhanafin@gmail.com Knotts island 2025-01-08 116 Brittany Wallick brittany.wallick@gmail.com Knotts Island 2025-01-08 117 Thomas Magee briantmagee@icloud.com Knotts Island 2025-01-08 118 Angela Magee angelamageel7@yahoo.com Knotts Island 2025-01-08 119 Ashley Parker ashleyrebecka@yahoo.com Virginia Beach 2025-01-08 120 Mathew Herzing matherzingftw@icloud.com Virginia Beach 2025-01-08 121 Melissa Simpson mhedrick3@yahoo.com Knotts Island 2025-01-08 122 Victoria Williams victoria.a.williams97@gmail.com Virginia Beach 2025-01-08 123 Theresa Gray tgbearl4@aol.com Knotts Island 2025-01-08 124 Veronica Byng vfb27@verizon.net Knotts Island 2025-01-08 125 Dianna Taff taff.family@msn.com Knotts Island 2025-01-08 126 Luis Revelle Irevel02ll@aol.com Lynch Station 2025-01-08 127 Dara Riley riley.dara@gmail.com VIRGINIA BCH 2O25-01-08 128 Joshua Edgerton hock3ystar7@gmail.com Knotts island 2025-01-08 129 Talia Sepulveda taliasepulveda5@gmail.com Knotts Island 2025-01-09 130 Rebecca Thomas annwiththegoodhair@gmail.com Virginia Beach 2025-01-09 131 Chris Smith csmith731@verizon.net Virginia Beach 2025-01-09 132 Kelly Ouellette oletk73@gmail.com Knotts Island 2025-01-09 133 Kenneth Rose ken.rose6@icloud.com Knotts Island 2025-01-11 134 Brenna Wilk bremurray0l@gmail.com knotts island 2025-01-11 135 Angie Cramer angelacramer7l@gmail.com Knotts island 2025-01-11 136 Kristin Williams kwblue@comcast.net Virginia Beach 2025-01-11 137 Peggy Bryan pjbryan75_2000@yahoo.com Virginia Beach 2025-01-11 138 JUDY SCAGGS judyscaggs@yahoo.com Knotts Island 2025-01-12 139 Donald Smith nopetafan@gmail.com Knotts Island 2025-01-12 140 Jody Slater jodyslaterl4@gmail.com Knotts Island 2025-01-13 141 Brenda Butler brendabirdz74@gmail.com Knotts Island 2025-01-13 142 Anne Standing ajstanding@cox.net Va Beach 2025-01-14 143 Amber Phelps amberlynnp522@gmail.com Virginia Beach 2025-01-14 144 Claire Exner claireexner@gmail.com Knotts Island 2025-01-14 145 Barb Metcalf barbmetcalfnc@gmail.com Knotts island 2025-01-14 146 Cynthia Potter cyndisee59@yahoo.com Virginia Bch 2025-01-15 There are way too many dump trucks on the road and they leave the road a mess if you have a nice clean car and drive by the pit entrance one time and you're car is really dirty 00 David Swoope, Knotts Island (2025-01-06) --------------------------------------------------------------------------------------------------------------------- I'm signing because the Bonney sand pit and its dump trucks in general have negatively impacted my life for the past 7 years. From damage to more than one vehicle owned to insanely scary close calls with dump trucks pulling in and out of the sand pit location at the Va / NC state line. When will it ever end, or at the bare minimum decrease in dump truck activity :( Lynette Lewis, Knotts Island (2025-01-06) --------------------------------------------------------------------------------------------------------------------- This is the one thing that makes living here extremely frustrating and dangerous. There is no consideration of the people who live in the area that have to drive the main road to get anywhere. Washing your vehicle is all but a waste of time. Theirs very limited places to pass and the trucks refuse to slow down to allow passing this creates extreme danger for everyone on the road. Kenneth Scaggs, Knotts Island (2025-01-06) --------------------------------------------------------------------------------------------------------------------- The petition is spot on. Every vehicle coming on & off Knotts Island is constantly dirty & requiring extra maintenance from the dirt/debris that is on Princess Anne Rd that comes from the dump trucks entering & leaving the sand pit. The amount of dump trucks on Princess Anne Rd coming & going to Bonney Bright Sand Company has also become increasingly dangerous as there are already too many of them. The drivers of some of the trucks do not follow speed limits & are constantly in both lanes making Princess Anne Rd & Pungo Ferry Rd dangerous to drive on. Jenny Baart, Knotts Island (2025-01-06) --------------------------------------------------------------------------------------------------------------------- Too many other company dump trucks on the roads. Not enough upkeep of the debris left on the roadway, which could be managed better with less trucks. There's one road in and out of knotts island...us residents have to use this road. It's constantly clogged with other company trucks that are not well maintained, drive haphazardly and recklessly. Bonnie bright seems to maintain their trucks well and seems their drivers have respect for other drivers on the road and the are where as other company trucks do not. A nother entrance/exit to the pit might be helpful as well but still need a strict limit on trucks going in and out. Jennifer Umbrell , Knotts island (2025-01-06) --------------------------------------------------------------------------------------------------------------------- Road conditions have deteriorated and the increase in trucks have steadily increased since they closed the Virginia Beach entrance to Bonney Bright Sand Pit. Now that the sand pit has connected the Virginia side to the North Carolina side and enlarged their footprint it is becoming even more hazardous to drive the only route available to anywhere we (Knotts Island Residents ) need to travel to. Becky Parker, Knotts Island (2025-01-06) --------------------------------------------------------------------------------------------------------------------- live in Knotts Island and commute to Va. Beach everyday. There are wayyyy too many dump trucks going in and out of that sand pit on a daily basis. There is about a quarter mile to half mile section of road in front of the sandpit that stays dirty and muddy and messes our cars up daily and we are left to deal with it. They consistently drive well under the speed limit holding up traffic which in turn forces the passing issues that we have. Adding more trucks to the roster is not the answer. There need to be less of them certainly not more. James Baart, Knotts Island (2025-01-06) --------------------------------------------------------------------------------------------------------------------- There is no need for increasing trips per day, the road is perpetually covered with spilled sand and soil , every vehicle windshield shows pitting from the abrasive nature of the material on the road, no neighborhood in va bch would tolerate the conditions we as a community are forced to endure, bring city council members down to the state line on a rainy day and let them drive their own vehicles over that stretch of princess anne road David Barham , Knotts Island nc (2025-01-06) --------------------------------------------------------------------------------------------------------------------- am over the craziness all these trucks cause. I have put up with this for over 30 years and it just gets worse Sherry Brock, Knotts Island (2025-01-06) --------------------------------------------------------------------------------------------------------------------- We do not need more large trucks traveling down Princess Anne Road (Route 615). The excessive number of hauls out of there create dangerous driving conditions for everyone. The contract drivers that drive 35 mph in a 55 zone and tend to drive in the middle of the road are creating havoc, especially in the curves. The ones that are not driving 35 often appear to be exceeding 55. The big trucks seem to think that they are entitled to more of the road than the rest of us and drive over the center line, especially in turns. On top of that, the route is a Virginia designated "scenic byway" with a a lot of bicyclists using the road as well. When you are coming around a curve and come upon a cyclists cars and trucks alike have to make fast moves to avoid hitting the cyclists. It is just an unsafe road to begin with and to add more trucks and more hauls makes it that much more dangerous. And, lets not forget about all the dirt/sand that is being pulled on to PA road at the entrance to the sand pit. You cannot wash you vehicle and expect it to be clean when you get home or to where you are going. It did not use to be that way, but over the past 6 months it has become unbearable. And when that dirt/sand is wet and you are going 55 and one of those trucks pulls out in front of you like you aren't even there, well, there is a huge accident waiting to happen. It's only a matter of time before someone is killed. Tina Breeden, Knotts Island (2025-01-06) --------------------------------------------------------------------------------------------------------------------- I'm signing because the north bound lane is constantly covered in dirt/sand. The operators of their tractor and the street sweeper does not pay close enough attention and has cut people off on several occasions. Since expanding last time the conditions coming in and out of the sand pit has gotten way worse and cant imagine if they expand it's going to get better. Danny Walker, Knotts Island (2025-01-06) --------------------------------------------------------------------------------------------------------------------- I'm signing this petition because I'm so tired of the roads covered in mud constantly and the danger of more dump trucks on these narrow roads. Tiffannie Page, Knotts Island (2025-01-07) --------------------------------------------------------------------------------------------------------------------- The sand company is already failing at, and very incapable of, keeping the road free of dirt and debris with the current rate of trucks, which the dump truck trip rate seems to have tripled over the last year. There is currently a giant pile of dirt/sand/mud which now breaches into the northbound roadway travel lane directly resulting from the sand pit's actions of allowing the dirt onto the road daily, then sweeping some of it to the shoulder, this happens every single day they are in operation. Every time it rains the road becomes an extremely dangerous mud slick, which then also requires you to wash your vehicle after traveling through it one time, yes it's really that dirty. This is extremely unfair to any residents that live south of the entrance, both VA and NC as there is no feasable alternative route to take. The sand pit is not paying for my additional vehicle maintenance required due to their negligence. Furthermore, I encountered 32 dump trucks on a ONE WAY trip from West Neck rd to the sand pit entrance while traveling south on Princess Anne Rd. So are they even following the current trip regulations? Someone thinks that much dump truck traffic currently is acceptable? Princess Anne Rd has become one of the most dangerous roads in the area due to having no shoulder and literally HUNDREDS of dump trucks daily. The sand pit also recently pushed all of the excess dirt/sand into the drainage ditch on the east side of PA Rd, is the city aware of that? I do not believe any city officials have a remote idea of what is actually going on as they do not frequent the roadway and it is "out of sight, out of mind". SAY ABSOLUTELY NO TO ANY SAND PIT EXPANSION!!M - Former Virginia Beach resident of 30 years, NC resident the last 10 years on Knotts Island. Zachary Harwood, Knotts Island (2025-01-07) --------------------------------------------------------------------------------------------------------------------- The City continues to ignore the welfare of the residents, in lieu of profits. Bill Breeden, Knotts Island (2025-01-07) --------------------------------------------------------------------------------------------------------------------- They ruin the road, cause unsafe conditions and nearly kill people everyday. Brian Saieva, Knotts Island (2025-01-07) --------------------------------------------------------------------------------------------------------------------- The constant dump truck traffic has made Princess Anne Road dangerous. The entrance and exit of this business is in NC. They no longer keep the road clean and it is consistently covered in slick mud and someone is running off the road because of it weekly. One day there will be a death because of the negligence of the road conditions and the hazardous driving of the trucks. Tracy Ferris, Knotts Island (2025-01-07) --------------------------------------------------------------------------------------------------------------------- agree there does not need to be even more trucks daily. Julia Ritz, Knotts island (2025-01-07) --------------------------------------------------------------------------------------------------------------------- agree whole heartedly. The amount of dump truck track has gotten obscene and the same age to roads and debris damage to our vehicles is unacceptable. David Thomson, Knotts Island (2025-01-07) --------------------------------------------------------------------------------------------------------------------- Tool many trucks as it is now. Many trucks exceed the speed limit and cross the yellow lines. The road leaving the sand pit is horribly maintained and in dry weather no water trucks are used to hold down the dust. The paint job on my 7 year old truck is ruined I believe due to the air born dirt, dust, and who knows what else. Steven Girardin, Knotts Island (2025-01-07) --------------------------------------------------------------------------------------------------------------------- The reasons cited in the petition. Jeannie Girardin , Knotts Island NC (2025-01-07) --------------------------------------------------------------------------------------------------------------------- These trucks pass directly in front of my house. They are loud and disrupt the peace and enjoyment of my home. I have also had 2 windshield chips in the past year on my vehicle and my husband has had 1. This causes dangerous driving conditions in addition to the wear and tear they cause on Princess Anne Road and Pungo Ferry Road. Casie Hoover, Virginia Bch (2025-01-07) --------------------------------------------------------------------------------------------------------------------- Bonney Bright Sand has not done a good job maintaining the roadway in front of the business. Almost daily there is sand and mud strewn on the roadway. This is spread across the state line, on the roadway, for over 1/4 of a mile north into Virginia Beach. If it rains the road becomes slippery and unsafe to drive on. This is the only roadway that leaves Knotts island. Also, the truck drivers themselves have been observed by myself and other citizens breaking traffic laws. Running stop signs to stay together, speeding up and blocking citizens who legally pass them, and driving down the middle of the roadway to block citizens from legally passing them. I am in strong opposition of existing banding the operations of this business. John Jordan, Knotts Island (2025-01-07) --------------------------------------------------------------------------------------------------------------------- I'm signing this because I and my family are residents of Knotts Island, NC. Ann Bright, Knotts Island (2025-01-07) --------------------------------------------------------------------------------------------------------------------- I live in the northern portion of Knotts Island which is located in Virginia Beach. The current number of sand trucks is hinderance enough when traveling, I oppose adding more truck traffic. One must leave home. at a minimum, half hour to get to appointments, meetings etc. Sand on the road is also damaging to vehicle bodies. Jane Brumley, Virginia each,VA (2025-01-07) --------------------------------------------------------------------------------------------------------------------- strongly oppose!! Sick and tired of washing my car only to have it filthy as I drive passed the pit! I have chipped paint on my hood from rocks flying off the trucks! Also getting behind 5/7 trucks more often than not with drivers on cell phones not paying attention to their driving. Kathy Jirdan, Knotts island (2025-01-07) --------------------------------------------------------------------------------------------------------------------- Enough is enough of Mr. Brights Sand Pit and all the truck traffic. He done made his several millions of dollars. Dwight Scott, Knotts Island (2025-01-07) --------------------------------------------------------------------------------------------------------------------- I'm a resident and a school bus driver. These dump trucks are always running stops signs pulling out of the pit so they don't get stuck behind me. And they always are coming over in my lane! Also, they run my stops signs. Something needs to be done! Tamara Bland , Knotts Island (2025-01-07) --------------------------------------------------------------------------------------------------------------------- No more trucks, roads can't handle. Edward Garner , Knotts island (2025-01-07) --------------------------------------------------------------------------------------------------------------------- This is endangering the lives of our community. William Blair, Knotts Island (2025-01-07) --------------------------------------------------------------------------------------------------------------------- I'm a lifelong KI resident. 3 people, who are drivers, live in my home. Traveling the Marsh Rd to PA road multiple times on a daily basis, getting behind all of these dump trucks, some driving in an unsafe manner, some driving under the speed limit, on a 2 lane road, sometimes lined up 4,6,8 deep, where passing is not an option becomes daunting, to put it mildly. Aside from the road becoming a mud pit, many of the dump trucks don't stop before pulling out of the pit, they pull out in front of cars, and it causes a traffic back up throughout the day. This is nothing personal against Mr Bright. I have known him most of my life. He is a kind, giving, stand-up man. He doesn't have control over a lot of this. He is making a huge amount of revenue for the City of VB and I'm sure he is paying a huge amount of taxes to the City of VB. My suggestion would be for the City of VB to widen PA Rd to a 4 lane road from the VA/NC line all the way to Pungo. This would alleviate traffic congestion and also allow drivers to go around the muddy mess the trucks make when coming out of the sand pit prior to it getting cleaned up. VB certainly has the money for it. Mandi Conner, Knotts Island (2025-01-07) --------------------------------------------------------------------------------------------------------------------- There are to many trucks going in and out of the entrance and causing the road to be very slippery when it rains.The trucks are losing part of their load on the road, causing debris on the road and damage to the vehicles that are traveling the same road. Sandra Leonhardt, Knotts Island (2025-01-07) --------------------------------------------------------------------------------------------------------------------- Too many trucks is dangerous and they sling mud allover the road also making it slick and dangerous. Shelly Outten, Knotts Island (2025-01-07) --------------------------------------------------------------------------------------------------------------------- The trucks are a safety hazard on P.A. road as it us now I can't imagine what it would be like with even more traffic. They need a different access road and metal grates to shake the mudd off their wheels before they enter the highway. It's a hazard for cars and motorcycles with all the slippery mudd on the road John Sayas, Knotts Island (2025-01-07) --------------------------------------------------------------------------------------------------------------------- Not to allow any more dump trucks. I'm a resident of Knotts island and the roads are busy with BB trucks and at times very messing due to high volume of dirt and mud. Lorraine Sayas, 27950 (2025-01-07) --------------------------------------------------------------------------------------------------------------------- This pit puts citizens in danger. Brett Ferris, Knotts Island (2025-01-07) --------------------------------------------------------------------------------------------------------------------- There's to many trucks already, for safety there can't be more allowed. John Harley III, Knotts Island (2025-01-07) --------------------------------------------------------------------------------------------------------------------- There are already to many truck on this narrow road. These trucks affect my travel to and from work and are dangerously using the road. David Burke, Knotts island (2025-01-07) --------------------------------------------------------------------------------------------------------------------- Bonnie bright trucks are dangerous Joseph Franklin , Knotts island (2025-01-07) --------------------------------------------------------------------------------------------------------------------- There are too many dump trucks on Princess Anne Road already. Some of these dump truck drivers drive down the middle of the road making it unsafe to pass. I am constantly washing my vehicle as I have to pass by the sand pit every day not to mention the dust that gets in the engine. There is typically mud or sand on the road in front of the pit and sometimes trails of it for miles down the road. The dump trucks should be required to have a wheel wash before leaving the pit and entering the roadway. Jessica Burke, Knotts Island (2025-01-07) --------------------------------------------------------------------------------------------------------------------- I travel often to Pungo and Knotts island from Sandbridge to see family and friends. Princess Anne Road is dangerous, narrow and can't handle more large dump trucks. Summer Lane , Virginia Beach (2025-01-07) --------------------------------------------------------------------------------------------------------------------- There are too many trucks on the road already, it has become dangerous. Mary Blackmore, Knotts Island (2025-01-07) --------------------------------------------------------------------------------------------------------------------- There are too many dump trucks on this rural road. Every time I travel to Chesapeake or Virginia Beach, approximately 3 times a week, there are near misses with side swipes, trucks on my side of the road and or trucks in ditches. It has gotten to be too much for such a small road and small community. Allison Pringle, Knotts Island (2025-01-07) --------------------------------------------------------------------------------------------------------------------- I'm signing because this impacts my every day commute Melanie Pittman, Knotts island (2025-01-07) --------------------------------------------------------------------------------------------------------------------- As a concerned resident, I am increasingly frustrated with the unsafe driving habits on the island, where reckless drivers often run others off the road, putting everyone at risk. This is a serious issue that needs immediate attention to ensure the safety of our community. Additionally, the poor road conditions leave my vehicles covered in mud every time I leave the island, forcing me to clean them multiple times a week. This constant upkeep is inconvenient, costly, and avoidable with proper road maintenance. Christina Davis, Knotts Island (2025-01-07) --------------------------------------------------------------------------------------------------------------------- I'm signing because I live right across the street from Bonny bright, and the trucks make the road conditions dirty, as well as way too many trucks on the road. I am having a baby soon and the truck drivers are not always safe. It makes driving down the road scary. Selena Whitt, Knotts Island (2025-01-07) --------------------------------------------------------------------------------------------------------------------- Here's a draft for your petition statement: Petition to Address Dangerous Driving and Road Conditions on the Island am deeply frustrated and concerned about the ongoing issues with reckless drivers who frequently run cars off the road, creating hazardous conditions for everyone. Additionally, the state of the roads leaves much to be desired, as every time I leave the island, my vehicles are inevitably covered in mud and grime. As a result, I am forced to clean my vehicles multiple times a week to maintain them, which is both time-consuming and costly. This situation is unacceptable and affects the quality of life for all residents. Patrick Davis, Knotts Island (2025-01-07) --------------------------------------------------------------------------------------------------------------------- To many dump trucks already Heather Garner , Knotts island (2025-01-08) --------------------------------------------------------------------------------------------------------------------- The amount of traffic with the dump trucks is already unsafe. Let alone the amount of mud/dort on the road 24/7. 1 understand it is a business and I own two myself. I would never try to take that away from anyone. But when it is affecting everyone that's when it becomes a problem. When my workers have to wash their trucks three times a week so keep the brand new $80,000 truck I buy clean, that's when it becomes a problem. Alex Vann, Virginia beach (2025-01-08) --------------------------------------------------------------------------------------------------------------------- There are too many trucks damaging the road and causing issues and delays. I've had 2 windows damaged by rocks driving behind bonney bright trucks. Ryan Fahey, Knott's island (2025-01-08) --------------------------------------------------------------------------------------------------------------------- The heavy dump truck traffic load is to high for the two lane rd and negatively effects the locals that transit that road way. It is becoming unsafe and negatively effects quality of life !! Hilton Gray, Knotts Island (2025-01-08) --------------------------------------------------------------------------------------------------------------------- the public should not be inconvenienced or forced to accept degraded roadways in an area where public transport is hampered or degraded due to private industry. private industry should be compensating public infrastructure in those instances. Walter Raffa, Virginia Beach (2025-01-08) --------------------------------------------------------------------------------------------------------------------- The narrow curvy roads are so dangerous. The width of the trucks takes the whole lane. I've encountered trucks crossing over into the other lane many times. Some trucks go too fast to be safe. When they travel at a safe speed, cars try to pass them in order to get where they need to be on time. Susan Myers, Knotts Island (2025-01-08) --------------------------------------------------------------------------------------------------------------------- Roads are fucked Justin Sheldon, Virginia Beach (2025-01-08) --------------------------------------------------------------------------------------------------------------------- Tired of all the trucks on Indian River Margaret Raffa, Virginia Beach (2025-01-08) --------------------------------------------------------------------------------------------------------------------- I'm signing this petition because it is obvious that the road around that area cannot be maintained properly. I can only imagine how much more dirt and sand will end up in the roadway if more trucks were allowed daily. The dirt and sand is so bad right now that it is piled up around the tree trunk and mounds along the sides of the road. Another concern is the amount of truck traffic on Princess Anne. The trucks are destroying the roads making more and more potholes that do not get repaired in a timely manner, probably because the city or state cannot afford to keep repairing the road. The road conditions are affecting my personal vehicles along with others also. The sand and dirt are a hazard to drive thru when dry, dust our vehicles. And when it's wet outside the road is slick from the sand and that wet sand packs the undercarriage of our vehicles. The area is very unsightly and looks like a very trashy area. Not a good look going into Carolina. More trucks equals more sand debris, equals more property damage to the nearby houses and trailers and their personal vehicles. I cannot imagine how the health of neighboring homes can be with all the sand they are breathing in. No matter how many times they change their home filters they will continue to be in an unhealthy environment. When is enough enough. The profits of the sandpit, adding more trucks to increase their profits is endangering the community and environment. Tina Sealey, KNOTTS ISLAND (2025-01-08) --------------------------------------------------------------------------------------------------------------------- The road leaving the island is destroyed due to dirt being dumped by these trucks. Rocks/sand get thrown on my vehicles everytime we drive through that area. We often get stuck behind multiple dump trucks driving to or from the sand pit and they cause constant backups for KI residents, not to mention the countless times they've driven into ditches and stopped traffic for hours. They've already cut down ALL of the trees blocking the view to the sand pits, so we get that view instead of the natural beauty that you look forward to driving out to the island. Megan Thomson, Knotts Island (2025-01-08) --------------------------------------------------------------------------------------------------------------------- I'm signing the petition because per the permit agreement they were only allowed a certain number of trucks for a reason. They were also supposed to do a beautification of the area at a certain phase and that has not even begun. I saw there was supposed to be tree lined roadway with a man-made lake for the community to enjoy. They need to uphold their part of contract. Currently the area is an eyesoar and very dangerous road condition that is not a very "Welcoming to North Carolina" first impression. Although there is a sweeper there on a regular basis he cannot keep up with the amount of sand and dirt that is being tracked into the roadway. Knowing they cannot keep up with maintenance now leads to knowing it will be even harder to get done with even more trucks. The ditches are filled with sand so the road cannot drain causing excessive puddling which in turn is a hazardous condition for all. Connie Bearden, Knotts Island (2025-01-08) --------------------------------------------------------------------------------------------------------------------- I'm tired of the road conditions infront of the sand pit there's sand dunes on each side of the road infront of the pit due to the build up sand coming from trucks coming in and out and the broom truck they run just pushes it to side and builds a curb causing rain water not to be able to drain into the ditches like it's supposed to let alone the amount of dirt/mud that stretches all up and down Princess Anne and I'm tired of the fact that on a weekend when Bonney brights pit is closed I can get from Knotts island to Pungo in 25 to 30 minutes but from Monday to Friday it takes almost 45 minutes to a hour to get from the island to Pungo or vice versa Ive be here since I was a kid and I get the the dump trucks have always been here since then but the volume of trucks have increased with in the last 5 years.the man makes plenty of money and from what I've been told by a employee of his he owns a big piece of land off of 17 and that's his next sand pit. Instead of scrapping any little bit that's left here he needs to move on over there he's got more then enough revenue out of his pits here. Denver Lentz, Knotts Island (2025-01-08) --------------------------------------------------------------------------------------------------------------------- Im signing because there is already a problem with the independent drivers cutting off drivers leaving Knotts island. They blatantly drive through the stop sign at the exit, I the amount leaving as it is shouldn't be increased. Lance Boyd, Knotts island (2025-01-08) --------------------------------------------------------------------------------------------------------------------- I agree with this petition. Sean Lee, Knotts Island (2025-01-08) --------------------------------------------------------------------------------------------------------------------- Because this area affects our living conditions Angela Shepard, Knotts Island (2025-01-08) --------------------------------------------------------------------------------------------------------------------- As an islander, there's only one way to town, which passes this area. I'm fine with navigating the traffic, as we've learned to be prepared for dump trucks and tractors out here in the 'country' however, the area where these trucks travel and turn in/out has become an absolute disaster. They are doing their best to keep up with the mess that the other trucks are making, but it's just overwhelming at this point! As it stands now, dump trucks(not B.B.) leave, pulling out infront of traffic, flinging mud, mud caked high into the northbound lane, trucks loosing dirt all up Princess Anne rd., and occasionally swerving across their lane with inconsistencies in their speed. If the opportunity to allow more of this chaos, there will be more than just mud caked cars and 'scares' from close calls, and that is why we can't allow it. There has to be tighter guidelines in place as it stands. Samantha Walker, Knotts Island (2025-01-08) --------------------------------------------------------------------------------------------------------------------- The conditions of the 1615 major thoroughfare as a result of Mr Brights company has not only left vehicles with sand blasted paint finishes and pitted windshields, but are frequently unsafe due to the pile up of sand on the actual roadway. Additionally, the increase of truck traffic by outside trucking companies and their disregard for vehicle safety puts residents at risks via the only route available on and off the island. Lastly, Mr. Brights company operates the entrance and exit from the NC side making this a multi state commerce that I believe Currituck County should have equal decision on. Kevin Zarth, Knotts island (2025-01-08) --------------------------------------------------------------------------------------------------------------------- As a nearby resident I agree with this petition. Olivia Lee, Knotts Island (2025-01-08) --------------------------------------------------------------------------------------------------------------------- drive past almost in a daily basis and can NEVER KEEP a clean car even though it have resorted to a monthly car wash plan and literally have to wash it every other day mostly every day I take pride in my vehicle my home and my property and do the utmost up keep I can on everything Heidi White, Knotts Island (2025-01-08) --------------------------------------------------------------------------------------------------------------------- I'm signing because Pungo and Knotts Island cannot take on more of the big trucks and traffic. Our small community is being overrun. It causes more back ups, traffic problems, and accidents. Not to mention the constant road debris causing back ups and vehicle damage. Joshua Ballou, Pungo (2025-01-08) --------------------------------------------------------------------------------------------------------------------- The number of dump trucks is excessive already. These trucks come around these blind curves across the middle line almost hitting me on a daily basis. I can't imagine what it'll be like if they allow an increase! Germaine Findlay, Knotts Island (2025-01-08) --------------------------------------------------------------------------------------------------------------------- the increase of trucks makes for unsafe travel. kimberli sparks , knotts Island (2025-01-08) --------------------------------------------------------------------------------------------------------------------- These trucks are very dangerous he's going to cause a nasty accident and someone's going to get killed....... Mario Bortoluzzi, Virginia Beach (2025-01-08) --------------------------------------------------------------------------------------------------------------------- The hazards of all of the trucks. The VA trucks dont even have nc dot stickers. Kurt Pipkin, Knotts Island (2025-01-08) --------------------------------------------------------------------------------------------------------------------- The trucks have become over bearing on Princess Anne and this road can not absorb anymore Heather Maxwell, VIRGINIA BCH (2025-01-08) --------------------------------------------------------------------------------------------------------------------- Im signing this petition for two reasons. First,due to the deplorable condition and maintenance of the roadway at the entrance of this pit. Too many days there is loose dirt or mud piling up. The speed limit is 55 and this section of the roadway is a continuous hazard. My second reason, is the oblivious dump truck drivers that come from all over Hampton roads to this pit. They don't know these country roads and speed throughout. Taking turns too fast and crossing over center lines. I personally have had more close calls than I'd like to admit. Increasing this kind traffic is careless with lack of regard to residents and commuters who will share these roads. Brittany Nosay, Knotts island (2025-01-08) --------------------------------------------------------------------------------------------------------------------- I am signing this because I have witnessed several dump trucks with missing mud flaps that sling rocks back onto the cars behind them. I've seen dump trucks with the blinkers not working properly and the break lights not working at all. have witnessed many dump trucks go off into the ditches and that causes traffic delays getting back to the Island or leaving the Island. These dump trucks should be inspected daily prior to use but I do not believe they are inspected correctly. I have seen dump trucks pass each other almost causing a head on collision with no regard many times. Bonny Brights dump trucks go about 40 mph, sometimes that is the speed limit and all is good but other times, in a 55 mph zone, a dump truck going 35 mph or 40 mph hinders traffic. Leaving the Island, we always have to prepare for delays getting behind so many dump trucks traveling down Princess Anne Rd. Now I would like to talk about the dirt and debris left on Princess Anne Rd. from all the dump trucks entering and leaving the sand pit. Occasionally you will see a sweeper out there "cleaning" the roadway but it doesn't seem to be a regular hourly task. The dirt left on the road can be there for days on end causing the road to be dangerous driving on. If it rains, that part by the entrance is slippery and even more dangerous. When the sweeper is out there, the road isn't swept up correctly. There is so much sand/dirt left on the side of the road that when the wind blows, it goes right back onto the road. In my opinion, having Bonny Brights trucks is one thing but when you have a convoy of other dump trucks it becomes not only a nuisance and hinders traffic but dangerous as well. Jennifer Meyer, Knotts Island (2025-01-08) --------------------------------------------------------------------------------------------------------------------- Bonney Bright Sand doesn't need to be running more trucks up and down Princess Anne - they are unable to maintain the fleet already on the road. As a former commercial dispatcher for a large shipping organization, I personally have been behind several of their trucks that have had massive issues that would have failed a simple DOT inspection - up to and including one which had it's license plate and both tail lights covered in mud forcing me to guess whether or not the truck in front of me was stopping. This isn't an isolated occurrence, issues with their drivers are rampant as it seems they hire the least qualified drivers they can find. They're already constantly putting these trucks in ditches, which ties up the only route on and off of this island for hours at a time. Nevermind the severe amount of sand/mud and rocks they create for a solid 1/4 mile around the entrance to the pit. Honestly, this needs to be denied. Norman Wilson, Knotts Island (2025-01-08) --------------------------------------------------------------------------------------------------------------------- Main concern is wife and children must travel this stretch of roadway daily. The dump trucks are often riding on the wrong side of the road dropping debris going way too fast fully loaded at least an accident a month if not more. It's a hazard and a safety concern. It would be different if there was a program for Bonnie Bright drivers only. But there are hundreds of sub contracted owner operators that are running sand out of Bronny Bright, which their trucks are not in good shape and parts falling off constantly. ryan williams, Knotts Island (2025-01-08) --------------------------------------------------------------------------------------------------------------------- I do not mind Bonneys trucks but the additional ones are a concern. They are not familiar with roads causing traffic backups, extra sand on roads, vehicles taking dangerous chances trying to pass and their disregard for school buses and children. Robin Burnette, Knotts Island (2025-01-08) --------------------------------------------------------------------------------------------------------------------- Increased dump truck traffic is a significant threat to public safety under existing road conditions. Bernard Hanfin, Knotts island (2025-01-08) --------------------------------------------------------------------------------------------------------------------- The dirt accumulating on the road just piles up, and it has become a safety hazard. When it rains it just spills more into the road turning into a slippery mess. Knotts Island residents only have only way into K.I. and it involves passing these pits and going through that slick dirt. There needs to be accountability. Our roads are bad enough, we don't need more dump trucks making it worse. Brittany Wallick, Knotts Island (2025-01-08) --------------------------------------------------------------------------------------------------------------------- They are painful when leaving or coming onto the island. Thomas Magee, Knotts Island (2025-01-08) --------------------------------------------------------------------------------------------------------------------- live in Creeds and travel the area daily. Ashley Parker, Virginia Beach (2025-01-08) --------------------------------------------------------------------------------------------------------------------- complete lack of respect for not only the land but the community. Only reason hes gotten away with it thus far is because his cousin is sittin on the city council seat. Ms henley and mr bright should be ashamed of themselves for their greed Mathew Herzing, Virginia Beach (2025-01-08) --------------------------------------------------------------------------------------------------------------------- Princess Anne road can't afford anymore dump trucks! This pit is hauling out of NC side but digging in Va! The road is absolutely horrible and not kept clean! The mining commission and local government should be involved. Melissa Simpson, Knotts Island (2025-01-08) --------------------------------------------------------------------------------------------------------------------- The dump trucks are damaging our roads, personal vehicles, and environment along their entire route. In particular, Princess Anne Road is constantly overrun with these trucks that tear up the already crumbling road surface. The edges of the road are broken away up to the white line, sometimes taking out the white line entirely. have seen dozens of these large dump trucks drive the road like a tight rope and fail, hitting the soft ground of the shoulder and causing an accident. And when these accidents happen, traffic is redirected to the back roads. These roads are barely wide enough for two sedans to pass each other let alone trucks. To avoid hitting the shoulder some truck drivers favor the middle of the road, which is a danger to passing vehicles. Personally I've had a truck come over into my lane on a curve far enough I was almost run off the road, I ended up with a shattered passenger side mirror that hit a garbage can to avoid the truck. Twice. This has to end, enough drivers (both private citizens and the truck drivers) have suffered enough. Either control these trucks coming on our roads or be a responsible city and fix the roads that are making so much revenue that you're willing to risk people's lives. Victoria Williams, Virginia Beach (2025-01-08) --------------------------------------------------------------------------------------------------------------------- There are to many dump trucks on PA road now. I have counted up to 30 dump truck on my way to Va Beach from Knotts Island. The Bonney Bright trucks are usually driving to fast. Most of the other trucks drive way under the speed limit. They drive 35 in the 55 speed zones. This is dangerous and frustrating! It use to take 35 minutes to get to Red Mill from Knotts Island. It now takes 50 to 60 minutes to get to town. PA road is not designed for the level of traffic that is now on the road. The road is also being damaged by so many heavy dump truck. PA road is our only way out of Knotts Island. The dump trucks are causing traffic delays. They also cause delays on Pungo Ferry, Black Water, Head of River and Land of Promise. The road at the entrance of Bonney Bright is a mess. When it rains it is slick. I understand they are running a business but these roads are not designed for so many dump trunks. Theresa Gray, Knotts Island (2025-01-08) --------------------------------------------------------------------------------------------------------------------- I visit Knotts Island often and I am aware of the traffic using the single lane road in and out of the Island. Increase in trucks hauling sand and gravel between Knotts Island and the Creeds area would create additional hazards on an already dangerously overcrowded roadway. Luis Revelle, Lynch Station (2025-01-08) --------------------------------------------------------------------------------------------------------------------- I live as the main exit point from my neighborhood off of Seaboard Road and I have experienced extreme trauma from the current level of trucks and their lack of Duke care and concern for the rest of us on the road. Additional trucks Would add to safety risks already in place Due to their sheer volume and numbers On such a small thin road. Dara Riley, VIRGINIA BCH (2025-01-08) --------------------------------------------------------------------------------------------------------------------- I'm signing because of the reasons stated and those trucks should not be allowed to dictate our behavior. Kenneth Rose, Knotts Island (2025-01-11) --------------------------------------------------------------------------------------------------------------------- I've witnessed a Bonney Broght truck crash on Princess Anne, and there are so many of them. The first from their entry pint is tearing up my car everyday which isn't fair. And the amount of traffic they cause from first thing in the morning until evening is congestion the roads. Breana Wilk, knotts island (2025-01-11) --------------------------------------------------------------------------------------------------------------------- I agree with petition . I wish he would stop spraying chemicals to ! Angie Cramer , Knotts island (2025-01-11) --------------------------------------------------------------------------------------------------------------------- live on the North end of Knotts Island. My daughter is a brand new driver. There is constant dirt and debris on the road. A lot of truck drivers come around turns halfway across the yellow line. I'm extremely concerned for safety and more trucks on the road will only make it worse. This country road is not designed to handle all this truck traffic. Kristin Williams , Virginia Beach (2025-01-11) --------------------------------------------------------------------------------------------------------------------- I'm signing because the amount of heavy dump trucks on our country road is tearing it up. Trucks come from all over Tidewater. Most don't know the roads. I can't tell you have many times I've had a truck cross the line into my lane. I even had one almost rear end me when I turned into my driveway. I used my signal in plenty of time. The truck locked his brakes and left skid marks on the road. I've had to pick up blown tire debris from in front of my house because the drivers don't feel the need to do it. I know for a fact that Bonney was limited to 75 loads a day but his logs have shown as many as 300. He is in violation of his original agreement and should not be allowed to increase the number of trucks. I also think an environmental impact statement should be made at his expense. We are all on well water here and it's a concern that we may have our wells go dry. I've had to drive past the entrance to the sand pit and the road is often covered in dirt or mud. There is a guy who drives a sweeper, but it does little to clean the road. My car is covered with dirt and I need it detailed. Since it's winter, I have seen ice on that's stretch of the road as well. Finally, I live in between two sharp curves. I can't tell you how many times I've seen impatient drivers pass dump trucks going north. That part of the road in front of my house is a no passing zone. I've had to add extra time to my drive to work because getting behind a slow moving dump truck means it takes longer to get to work. Peggy Bryan, Virginia Beach (2025-01-11) --------------------------------------------------------------------------------------------------------------------- Judy Scaggs JUDY SCAGGS, Knotts Island (2025-01-12) --------------------------------------------------------------------------------------------------------------------- Consistent violations of the Conditional Use Permit for this Company. Application states he is clearly 6 times over the limit of truck trips on a regular basis and has been. A clear blatant violation of his CUP. Anne Standing, Va Beach (2025-01-14) --------------------------------------------------------------------------------------------------------------------- I believe allowing more trucks would negatively impact the safety of the road significantly, as well as cause additional damage to my vehicle due to the amount of debris and dirt that is continually on the road. Barb Metcalf, Knotts island (2025-01-14) --------------------------------------------------------------------------------------------------------------------- have been hit by one some years back, a careless driver was speeding coming up behind me and with a 5 ton full of sand he couldn't stop at that speed. My full size conversion van flew. I also have been on Princess Anne road with near having to veer towards the ditch; these dump trucks are going over the center line on curves. I've had two windshields replaced do to having to be behind them. And.... They are not so poised to cut thru on residential streets but every so often they do... this is the reason our streets are and get so torn up so fast! I think there are too many dump trucks on the road as it is and I see more and more that aren't Bonney brights trucks. Please No More Dump trucks on our road. Cynthia Potter, Virginia Bch (2025-01-15) --------------------------------------------------------------------------------------------------------------------- From: ft Style Limousines To: Marchelle L.Coleman Cc: Naomi Estah ;Kathryn Bvler;Holly Cuellar:Susan B.Hjppen;William Parks;John H.Coston Subject: Petition for this Wednesday February 12,2025 Hearing Date: Monday,February 10,2025 12:06:11 PM Attachments: Outlook-horizontal.ono Outlook-ft Style.ona Bonney Bright Petition .Ddf Bonney Briaht Petition Signatures.pdf 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. Deny Modification of Conditions regarding Bonney Bright Sand Company We are asking to deny the amendment to remove the condition to allow more dump truck trips per day.As a resident of Knotts Island, NC we must pass the Bonney Bright Sand Company location on a daily basis.The roads are usually in very bad condition due to the already high frequency of these trucks dumping dirt and debris on the roadways causing damage to residents vehicles.There are already too many trucks traveling on these narrow and winding community roads leaving for unsafe driving conditions. It is not so much the company's trucks, but all the other trucks from other companies that are in and out of this location.There should be a strict limit regarding the amount of trucks on the roadways entering and leaving this facility,and/or a different entrance/exit location put in place. UPDATED Signatures attached. Chris Susko Vip Style Limousines, LLC, Operations Manager (757) 647-7000 http://`hrlimos.com Good afternoon, I am providing this monologue in opposition to the proposal to amend Bonny Bright Sand Company's Conditional Use Permit to allow for more truck trips per day. I am a native of Virginia Beach,an adjacent landowner and a member of the Pungo/Creeds community. Our community is one that typically"lives and let lives"meaning we would prefer to mind our own business and let you mind yours.I will preface my statement with I have no ill will towards Mr.Bright or his company and respect decisions a man makes about his land provided it does not negatively impact the community. In December of 2023 when our community received a notification(similar to the two we received for the conditional use permit change we are here for today)for a proposed sand pit expansion I had no opinion on the matter as it was not my land being deforested and dug up in a mining operation. I have also not registered any complaints about the noise level(sometimes excess of 85dB recorded on a calibrated dosimeter)coming from the ongoing mining operations at the sand pit or when operations occur outside the permitted times of 7:OOam to 7:OOpm Mon-Sat when equipment is in operation and dump trucks are entering and leaving the sand pit; sometimes prior to 6:OOam. (more often between 6:15am-6:45am),thus going back to the"live and let live"stance-I have made no complaints to address these issues. We are now at a precipice of an upcoming vote that needs adequate attention from the City of Virginia Beach,who in part with the Commonwealth of Virginia are responsible for the oversight of the sand pit operations. As stated previously I am opposed to any measure that would negatively impact on our community.We are already being negatively impacted and have been largely quiet.The City of Virginia Beach has failed to ensure that the Conditional Use Permit is adhered to,and the permit holder has failed to remain compliant with the permit requirements.We as a community have failed to file a sufficient number of legitimate complaints with regard to the disruptions and hardships that we as a community experience daily to invoke a concurrent voice of frustration and dissatisfaction to create compliance with regard to the Conditional Use Permit. The local roads are impacted by heavy dump trucks erasing road markings,creating potholes and covering them with damaging dirt,sand and debris that creates hazards and diminishes the automotive finishes of our vehicles creating undue expense and hardship for cleaning,maintenance and mechanic fees that would otherwise not be incurred if the roads were clean and clear.To further note that any motorcycles operated in this vicinity are at an increased risk of incident/accident due to poor road conditions.This is an example of the permit holder failing to maintain a clean roadway by removing dirt and debris as described in the permit. I personally have submitted two requests for service via VB311 (Request ID 24-00082082 submitted 7/17/24 and 24-00051320 submitted 5/10/24 in regard to the lack of road markings at the 300 block of Princess Anne Road(intersection of Public Landing,Princess Anne and Pocahontas Club Roads at the flashing light also known as Klopps Corner).To date no action has been taken. In the event an accident does occur the City of Virginia Beach will share culpability for any accident that may occur in that location.The City is obligated by Duty of Care.This is an example of the city failing to correct degraded road conditions and ensuring the permit holder is responsible for repairing road markings. There are near misses weekly when dump trucks cross over into the opposing lanes of traffic and the smaller vehicles are forced to swerve out of the way to avoid collision. It is understood that the speed limit is 25mph in that particular turn,it is too fast for unmarked roads. Increasing the frequency of these war. incidents is not common sense, it presents dangerous conditions for new drivers(our children)and people who are not familiar with our roads such as the many non-local dump trucks who bring fill in and take loads out of the sand pit. The permit holder and the City of Virginia Beach have a responsibility to the citizens of our community to ensure safe roads exist and rules and regulations are enforced.Members of the Planning Commission, I respectfully request that you vote to deny further expansion for any elements of the Conditional Use Permit most specifically the Request to amend previous approval to remove condition to allow more truck trips per day. Thank you. Scott BrisBois Al2 R-7,.5 R7.5 �° o R7.5 KT T 5 R7.5 �o11 0 o R.7:5 �r ✓ co Al2 0 •��ri J `�°� Al2 Of R%7..5 R%7:5 Jar O J O O �R7.5 R5 D ' R7,.5/ O New Jerusalem C.O.G.I.C. N ® site 118 Bishop Thoroughgood Ave, W E Property Polygons 1063 Longstreet Avenue, s Zoning undeveloped parcel north of 129 Hughes Avenue, and Building undeveloped parcel directly west Feet of 1059 Longstreet Avenue 0 1530 60 90 120 150 180 == �or - 4 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: NEW JERUSALEM CHURCH [Applicant] NEW JERUSALEM HOLINESS CHURCH, NEW JERUSALEM CHURCH, AND NEW JERUSALEM CHURCH OF GOD IN CHRIST [Property Owners] Modification of Conditions to a Conditional Use Permit for the property located at 118 Bishop Thoroughgood Ave, 1063 Longstreet Avenue, undeveloped parcel north of 129 Hughes Avenue, and undeveloped parcel directly west of 1059 Longstreet Avenue (GPIN 2417535148, 2417537205, 2417538406, 2417538300). COUNCIL DISTRICT 6 (Remick) MEETING DATE: March 18, 2025 ■ Background: A Conditional Use Permit for Religious Use was approved by the City Council in 1973, and two subsequent Conditional Use Permits were approved for the construction of a new sanctuary and parking lot in 1982 and for a church addition in 2006. The applicant is seeking a Modification of Conditions to incorporate three adjacent lots into the existing Conditional Use Permit for a Religious Use. The parcels are currently used as part of the church's outdoor event space and community food program and will continue to be used as such. ■ Considerations: The project falls within the Suburban Area in the Historic Seatack Suburban Focus Area which calls for the support of neighborhoods through complementary non- residential uses such as this Religious Use which has been operating on the site for forty years. The request complies with the AICUZ Overlay Ordinance, as the church is considered a pre-existing non-conforming use and no increase in occupant load or sanctuary expansion is proposed with this request. 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 February 12, 2025, the Planning Commission passed a motion to recommend approval of this request by a vote of 8 to 0 with 1 abstention. 1. All previous conditions attached to the previously approved Conditional Use Permits approved on August 13, 1973, July 12, 1982, and August 6, 2006, shall remain in effect. New Jerusalem Church Page 2 of 2 ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. i Submitting Department/Agency: Planning Department City Manager: & Agenda Item 4 Applicant & Property • C.O.G.I.C. Planning Commission Public -• 2025 V_B� CouncilCity . '. Project Details Request Modification of Conditions ETTA v Staff Recommendation Approval " ' ( �✓ Staff Planner J Alexis Bailey EO" "•RN°` Location JACKS r 118 Bishop Thoroughgood Avenue, 1063 - Longstreet Avenue, undeveloped parcel north of 129 Hughes Avenue, and undeveloped parcel .E«UNDR- directly west of 1059 Longstreet Avenue o. GP/N B ,wu 2417535148, 2417537205, 2417538300, SSX- 2417538406 DeeR c+R Site Size 73,573.29 square feet A/CUZ Greater than 75 dB DNL; APZ-2 Watershed Atlantic Ocean Existing Land Use and Zoning District Church, vacant lot, single-family dwelling/ R-7.5 Residential MP'' Surrounding Land Uses and Zoning Districts s� r North Q, Bishop Thoroughgood Avenue Single-family dwellings/R-7.5 Residential South d _ A �J Hughes Avenue Single-family dwellings/ R-7.5 Residential East .� Longstreet Avenue BRAN Rt. Single-family dwellings / R-7.5 Residential West Single-family dwellings/ R-7.5 Residential New Jerusalem C.O.G.I.C. Agenda Item 4 page 1 of 16 Background ► SummaryofProposal • The applicant is seeking a Modification of Conditions to incorporate three adjacent lots identified as Lots 34 & 35, Douglas Park (GPIN 2417535148), Part of Lots 14 & 15 Olives Heights Annex No 2 (GPIN 2417538300), and Lots 27 & 28, Douglas Park (GPIN 2417538406) into the existing Conditional Use Permit for the Religious Use. • The existing church parcel and the three parcels to be incorporated into the Conditional Use Permit are zoned R-7.5 Residential District and lie within the Historic Seatack Suburban Focus Area. • On August 13, 1973, City Council approved a Conditional Use Permit for a Religious Use at 118 Bishop Thoroughgood Avenue.Two other Conditional Use Permits were approved for the church, one in 1982 to allow for the construction of a new sanctuary and parking and another in 2006 for an addition. Additionally, a Modification of Conditions was approved in 2016 for church property to the north on the opposite side of Bishop Thoroughgood Avenue to improve a parking lot used by the church. The current Modification of Conditions request is to allow for the addition of three new parcels to the Conditional Use Permit boundary. • The parcels to the west of the church (GPIN 2417535148) are currently vacant and will be used as an outdoor cooking space for events and gatherings for the church's parishioners and the community. • The two parcels to the east of the church (GPINs 2417538300 & 2417538406) are currently developed and used for the church's social ministry including storage, staging of donations, and passing out of food to residents of the community and will continue to be used as such. • The site lies within the >75 dB noise zone and the Accident Potential Zone 2 (APZ-2). While Religious Uses are listed as a compatible use within the APZ-2, they are not considered compatible within the >75 dB noise zone. However, according to Article 18 Section 1803(a)(2), Article 18 only applies to "conditional use permits for new uses or structures, or for alterations or enlargements of existing conditional use permits where the occupant load would increase" Since use of the site as a Religious Use predates the adoption of Article 18 and there is no expansion of the church structure proposed and therefore no increase in the occupant load, Article 18 would not be applicable. New Jerusalem C.O.G.I.C. Agenda Item 4 page 2 of 16 Zoning # Request Rzs 3 �� 1 CUP (Short Term Rental) Approved 08/26/2020 3 2 MDC Approved 11/01/2016 o� 3 NON Approved 08/14/2007 Rzs ' , CUP (Church Addition) Approved 08/06/2006 4 CUP (Sanctuary & Parking) Approved 07/12/1982 � CUP (Church) Approved 08/13/1973 0�r CUP (Church Expansion and Stormwater p� 5 Management) Approved 04/22/2003 ,�' $ 5 \ R7.5 j` BRANTRD Application Types CUP: Conditional Use Permit MDP: Modification of Proffers SVR:Subdivision Variance REZ: Rezoning NON: Nonconforming Use LUP: Land Use Plan CRZ: Conditional Rezoning STC:Street Closure STR:Short Term Rental MDC: Modification of FVR: Floodplain Variance Conditions ALT. Alternative Compliance Evaluation • • • In Staff's opinion, this request for a Modification of Conditions to include three adjacent parcels owned by the church into the existing Conditional Use Permit for a Religious Use is acceptable. This property has been used for religious purposes for over 40 years and is compatible with the adjacent residential neighborhood. No changes are proposed for the lots, and they will continue to be used as they have been for many years. The site is located within the Historic Seatack Suburban Focus Area (SFA) which calls for the support of neighborhoods through compatible non-residential uses, which the religious use is considered. As such, the proposal is consistent with the recommendations of the Comprehensive Plan for this area. It also complies with the AICUZ Overlay Ordinance, as the church is considered a pre-existing non-conforming use. The addition of the three lots, which are currently utilized for outdoor cooking and social ministry space for the church's community food program, will not increase the intensity of the existing use. Since the church has been established in the neighborhood since 1973 and there are no proposed changes to the use of the incorporated lots, staff recommends approval of the application, subject to the conditions listed below. New Jerusalem C.O.G.I.C. Agenda Item 4 page 3 of 16 Recommended Conditions for MDC of Church Addition 1. All previous conditions attached to the previously approved Conditional Use Permits approved on August 13, 1973, July 12, 1982, and August 6, 2006, shall remain in effect. 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. 2006 Conditional Use Permit Conditions 1. The development of the site shall substantially conform to the submitted "CONCEPT PLAN ADDITIONS TO NEW JERUSALEM CHURCH", prepared by Gallup Surveyors and Engineers, LTD, and dated March 8, 2005. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 2. The exterior of the building shall substantially conform to the submitted elevation plan prepared by Verebely and Associates, Architects. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 3. The applicant shall submit a proposed building materials list and list of proposed building colors to the Virginia Beach Planning Department for review and approval during the detailed site plan review process. The applicant shall comply with sound attenuation requirements as specified in the City Zoning Ordinance and the Virginia Uniform Statewide Building Code. 4. The applicant shall submit a photometric plan for review and approval by the Virginia Beach Planning Department/ Current Planning Division. All fixtures shall be of an appropriate height and design so as to prevent any direct reflection or glare towards adjacent uses and City streets. Lighting should be directed down at the ground and not horizontally or up in the air. 1982 Conditional Use Permit Conditions 1. City water and sewer. 2. Compliance with the Site Plan Ordinance (15-foot setback requirement for the building). New Jerusalem C.O.G.I.C. Agenda Item 4 page 4 of 16 1973 Conditional Permit Conditions 1. Standard site plan requirements to include: a. Curb and gutter, sidewalks, pavement widening, and storm drains as required along the frontage on Erie Street. b. A 5-foot drainage easement is required along the eastern property line. c. Off-street parking shall be provided in accordance with zoning ordinance; parking lot shall be paved and protective (CG-2) concrete curbs provided. 2. Dedication of right of way 25 feet from the centerline of the existing 30-foot right of way along the 150- foot more or less frontage on Erie Street (10-foot dedication). Comprehensive • • The project falls within the Suburban Area in the Historic Seatack SFA. The Comprehensive Plan states that part of the guiding principle is to create "Great Neighborhoods" which includes the "support (of) those neighborhoods with complementary non-residential uses" (p. 1-96). More specifically, under SFA 9: Historic Seatack, it states that Seatack is a "...primarily religious community with supporting religious institutions..." (p. 1-96). ResourcesNatural & Cultural • The site is located in the Atlantic Ocean watershed. There are no known historic or cultural resources that will be affected by this project. Traffic Impacts/TransportationI Traffic Counts Street Name Present Volume Present Capacity Generated Traffic The proposed additional parcels Longstreet Avenue No Data Available No Data Available will not change the trip generation for the existing church use. Master Transportation Plan(MTP)and Capital Improvement Program(CIP) Longstreet Avenue, in the vicinity of this application, is considered a two-lane local street. It is not included in the MTP. New Jerusalem C.O.G.I.C. Agenda Item 4 page 5 of 16 Public Utility Impacts Water City water mains are available for connection in all streets fronting the subject parcels. The church currently connects to City water. Sewer City sanitary sewer mains are available for connection in all streets fronting the subject parcels. The church currently connects to City sanitary sewer. Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on January 13, 2025. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, January 29, 2025 and February 5, 2025. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on January 27, 2025. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of virginiabeach.gov/pc on February 6, 2025. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, March 4, 2025 and March 11, 2025. • 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 March 3, 2025. • 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 March 14, 2025. New Jerusalem C.O.G.I.C. Agenda Item 4 page 6 of 16 Proposed Exhibit CLAPW TAME CURVE DELTA RADIIJS LU CTH TANGENT CHO WARRIC CHORD s CI WQ1 01' 10.00' 15.74' 1C.03' N66'52'27'E 14.16' 5 C2 0T11'14' 1864.86' 104.85' 52.41' SW14'D5Yf 1D4E5' ss LINE TABLE UM: BEA94LC DISTANCE rysa4 4v >Q Li WxI3v*W 4.S7' .� SITE • L2 S4B'30'11t 24A2"(r) L2 S4s30'11t 24.70-(P) BISHOP THOROUGHGOOD AVENUE(50•RAM L3 S"40.23'9 MAW FORMERLY ERIE AVENUE LA N46053'9 35.W" M.B.220.PG.22 M.B.22D,PG.24 D B.2485.PG.1100 IS N46'IY53"II SS.W' 2 04L5 ma W421n 344.W N41'46'S7'E O C I LCCATN MAP SCALE: 1-250C 50. 260.02' 50.00• 27.47' = 11 8 F y 4� io o ;'1 .� 3 r N47I6'41'E 22L9•' '16 \1� 1§� inn n .`q W in�^ . Ti ai � 53.70' f9.yy' 0�' R ,,7 S4S55'D01Y L3 75A7" 50.01, 37.46' 4 m J� c� 75.00' Sin 0.00' Uj 36.46' aS CR W g s4:21'2.1• 252.77' n .tor nlV p�] 333 4S12Z'07'E � U,N 550.00' 0.00' U �? Z o I EXHIBIT OF IBo. 25.01' S000' so.00• � GPINs 2N74S6118,7417.65-7206, a S466'J,2ro7w 22556 2417413-WK 241740-8300 FOR NOTES. NEW JERUSALEM CHURCH 1.THIS PLAN WAS ATFTLEREPOFTAND1A HUGHES AVENUE RM) PfM,ECl toUr�1+N'v�R;.nv.eEAo-.vF•;rws uar r:,F nEw.Eu�suEN CwwcX THE BENEPI T ATMATRESAFFECO MAY CE•i+GN Nw OPE [tw+l•r—, ror.[r,T 00M. n GcxE 1'e 5C DAIT OA-20N NOT BE DEPICT ALL MATTERS AFFECTING M.B.220.M.23 M.B.220.PG.25 D.B.2721.PG.B67 THE PROPERTY GALLUP or 2.THIS PLAT DOES NOT CONSTRUE A BOUNDARY SURVEY AND IS COMPILED FROM SURVEYOU•BIBBIBBIIB ^0.1 rf DEEDS AND PLAT OF RECORD. s2s=;<s2 colon r+a40 col G t'Afel AllFa J.vr0r.n i31V ;'S2�SE12�`�XT+2]n rAa New Jerusalem C.O.G.I.C. Agenda Item 4 page 7 of 16 PreviouslyApproved Site Layout wars�A. W v`'1 � d � W6 V OK fVQ' (9�vM.II/y 9 i 4 w*joki r MR" New Jerusalem C.O.G.I.C. Agenda Item 4 page 8 of 16 PreviouslyApproved Building Elevations ft } r i 2 1 a New Jerusalem C.O.G.I.C. Agenda Item 4 page 9 of 16 Site Photos obi Nk n s;i ,� — Site Photos X _ s _ K • _- F✓84 y�'y _� # L - SAY.i •� I ,�I.i� �. •rr _•`k w . • Disclosure DisclosureVIRGINIA V 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. SECTIONDISCLOSURE APPLICANT INFORMATION Applicant Name: _ / //�� as listed on application >���vw /��tl,S 1� C. f%, 6%. C' Is Applicant also the Owner of the subject property? Yeso-1ko0 If no,Property Owner must complete SECTION 2;.PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative?Yes Noo If yes,name Representative: _ a V Is Applicant a corporation,partnership,fir usiness,trust or unincorporated business? YeslrNoo If yes,list the names of all 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.) ,(Ve l.v C At4rc_ '- t 4t 140 l " ne- Does the subject property have a proposed or pending purchaser? Yes U 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 lrytSV in Lhe tubject land or any proposed development contingent on the subject public actlon? Yes(_)No(?"- 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 cross-col late ralization,etc. Real Estate Broker/Agent/Realtor 0 Disclosure Statement I rev. May-2024 page 1 of 3 New Jerusalem C.O.G.I.C. Agenda Item 4 page 12 of 16 Disclosure SECTION 1. APPLICANT DISCLOSURE continued SERVICE YES NiO SERVICE PROVIDER Name entity and or lndividuai_ Accounting/Taxmetum Preparation O ©f Architect/Designer/Landscape O - Architect/Land Planner Construction Contractor 0 Engineer/Surveyor/A�errt _ 0 Legal Services 0 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. Applicant Narfie(Print} Applic t Signature Y''Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shores 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,00 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 shore the use of the some offices or employees or otherwise shore 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 CM USE ONLY. No changes as of(date): 2/27/25 APxis Bailey 2/28/2025 Staff Name(Print) f5taff Signature Date Disclosure Statement I rev. May-2024 page 2 of 3 New Jerusalem C.O.G.I.C. Agenda Item 4 page 13 of 16 AppointmentTrustee VIRGINIA: IN THE CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH In Re: New Jerusalem Church of God in Christ formerly known as New Jerusalem Holiness Church Case No.: ORDER APPOINTING CHURCH TRUSTEES THIS CAUSE came this day upon the duly verified Petition of New Jerusalem Church of God in Christ, formerly New Jerusalem Holiness Church, (the "Church') to appoint new Trustees in place of Pastor Adam L.Thoroughgood,who departed this life on April 21,2015; And it appearing to the Court that Pastor Adam L. Thourogood previously appointed by this Court as sole acting Trustee of the Church passed away on April 21,2015;that the By-Laws of the Church set forth that the Church Trustees shall be appointed by the General Assembly and Executive Board of the Church; that by the Resolution of the General Assembly and the Executive Board of the Church,the duly constituted authorities of the Church have resolved that Larry Rapier,Shannon Idlebird,George Darby and Joseph Whitmire,shall be appointed Trustees of New Jerusalem Church of God in Christ,formerly New Jerusalem Holiness Church,and it is therefore ORDERED that Larry Rapier, Shannon Idlebird, George Darby and Joseph Whitmire be and are hereby appointed as the Trustees of New Jerusalem Church of God in Christ, formerly New Jerusalem Holiness Church with all legal authority as set forth in Virginia Code§57-8 Code of Virginia, 1950 as amended. ENTERED this Z�4ay of 2017 Judge ENDORSEMENTS NEXT PAGE New Jerusalem C.O.G.I.C. Agenda Item 4 page 14 of 16 Trustee Appointment Jeffrey E i Childress,Fax, vine,P. . 533 Newtown Road,Suite 101 Virginia Beach,VA 2346 (757)499-9601 Telepho e (757)499-2750 Facsimile New Jerusalem C.O.G.I.C. Agenda Item 4 page 15 of 16 Next Steps • Upon receiving a recommendation from Planning Commission, this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision, the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center (DSC) to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-5692. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. New Jerusalem C.O.G.I.C. Agenda Item 4 page 16 of 16 Virginia Beach Planning Commission February 12, 2025 Public Meeting Item #4 New Jerusalem C.O.G.I.C. Recommendation: RECOMMENDED FOR APPROVAL Discussion Madam Clerk: Our next and final item is item#4,New Jerusalem C.O.G.LC. Ms. Cuellar: Will the applicant please come forward? Mr. Darby: Good afternoon. Ms. Cuellar: If you could please state your name for the record? Mr. Darby: George Darby,New Jerusalem Church. - Ms. Cuellar: Thank you for being here today. Would you like to tell us a little bit about the application? Mr. Darby: Well, the application is that the church decided to hopefully ask the city to give us, to avoid the taxes that we are paying on social service, and a social service building that we're using to communicate with the city,and that's the reason we're doing that,trying to unload the tax burden on New Jerusalem Church. Ms. Cuellar: Thank you very much. Are there any questions for the applicant? Okay. Thank you very much, sir. I understand we have a speaker. So if you can, if you can sit right down now and then. Madam Clerk: Thank you. We have three speakers. The first speaker is Johnna Lewis,followed by Kelly Lewis. Our next speaker is Kelly Lewis. Our final speaker is Elizabeth Evans. [All speakers declined to speak] Okay. We have no other speakers. Ms.Cuellar: Well,thank you very much. At this time,I'd like to open up the floor for discussion or to entertain a motion. Mr. Plumlee: I'd like to move to approve this application. We previously had it on the consent agenda. It had no objection during the informal. We anticipated a speaker, therefore it was removed from the consent agenda,but I see no reason to change our position. I'd move to approve. Ms. Hippen: I second. Ms. Cuellar: We have a motion from Commissioner Plumlee to approve, second by Commissioner Hippen. Is there any further discussion? Are there any commissioners abstaining? Mr. Coston: I have a right to vote because I received no remuneration, no financial interest in this facility, but I've been a member for a long time, and to avoid the appearance of impropriety. I've chosen to abstain. Ms. Cuellar: Thank you very much, Commissioner Coston. Madam Clerk: The vote is open. By a vote of 7 to 0 with one abstention from Commissioner Coston,item number four. Oh,I'm sorry. Excuse me. [Vote was not vocalized at finish;total tally was 8 to 0 with 1 abstention] Mr. Mauch: One point of clarification for the pit that we had deferred. I think our city attorney needs to clarify something for us. Ms.Eisenberg: So,just generally speaking,the state code does require the planning commission to act on items within 100 days. If you don't, then it goes forward to city council default as a recommendation for approval. So typically when we defer things indefinitely, it's at the request of the applicant, which is, essentially the same as them withdrawing, and reapplying. So there's no issue there, but for something that's unilaterally decided by the planning commission to defer as in the first application or today, when the planning commission does request it to be deferred indefinitely, I just want to make sure that you guys are aware that it will still need to come back before this commission, before that timeframe has lapsed, and if it does not, it will be going forward as a recommendation of approval. Ms. Cuellar: Okay. Thank you. Anybody have any questions for our council? Alright. Having that said,our meeting is adjourned. Thank you very much. Vote Tall Commission Member AYE 8 NAY 0 ABS 1 ABSENT 1 Alcaraz X Anderson X B ler X Cromwell X Coston X Cuellar X Hi en X Mauch X Parks X Plumlee X Conditions/Proffers 1. All previous conditions attached to the previously approved Conditional Use Permits approved on August 13, 1973,July 12, 1982, and August 6, 2006, shall remain in effect. 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. Norfolk Avenue Norfolk Avenue Ri i R5S street � Al2 A toil CD RT3 RT3 CID CD o A 4 R5S o o R5� _Street � 9th R5S R5S Street R5b 5S� 0 --9th � � D ° R5S R5S N ® Site Mercer Sykes Property Polygons 614 10th Street s Zoning Building Feet 01530 60 90 120 150 180 4' �04 ti CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: MERCER SYKES [Applicant] SYKES REAL PROPERTIES LLC [Property Owner] Conditional Use Permit (Open Air Market) for the property located at 614 loth Street (GPIN 2427043068). COUNCIL DISTRICT 5 (Wilson) MEETING DATE: March 18, 2025 ■ Background: The applicant is requesting a Conditional Use Permit for an Open Air Market to construct and operate a 15 foot by 40 foot produce stand with an attached coffee bar. Products to be sold include locally sourced produce, meat, eggs, grains, and baked goods. The stand will be attached to the existing building consisting of a shed roof supported by wood posts. The proposed hours of operation are Monday through Saturday from 10 a.m. to 6 p.m. ■ Considerations: Per Section 203 of the Zoning Ordinance this proposed use would require two parking spaces. Per Section 203(b)(11) of the Zoning Ordinance, the Zoning Administrator can reduce the minimum parking required on a site when a substantial number of patrons of the use arrive by pedestrian or public means of transportation. Subject to this provision, the applicant submitted a parking study to the Zoning Administrator requesting a waiver of the two required parking spaces. While there are 4 existing parking spaces at the front of the site, due to the design of the spaces, namely that the spaces require backing out directly into the public right-of-way, they cannot be used to meet the parking requirement. Due to the site's location, that availability of public parking in the immediate vicinity, and the expectation that many of the patrons will arrive by alternate means of transportation, the Zoning Administrator approved the parking study as submitted. Additionally, the applicant is proposing to install a bike rack on the site to accommodate a total of 10 bicycles. Staff believes the Open-Air Market is an added amenity for the community and will provide a visually improved streetscape along this portion of 10th Street. 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. Mercer Sykes Page 2 of 3 ■ Recommendation: On February 12, 2025, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 8-0 with 1 abstention. 1. The site shall be developed in substantial conformance with the submitted site layout as depicted in the graphic"10th Street (50' R/W)" as exhibited in the staff report on page 8 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. 2. The site shall be developed in substantial conformance with the submitted renderings as depicted in the graphic exhibited in the staff report on page 8 and prepared by the applicant Mercer Sykes, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 3. A Landscape Plan shall be submitted to the Department of Planning & Community Development/Development Service Center (DSC) for review and ultimate approval prior to the issuance of a Certificate of Occupancy that shows the following: a. Building foundations landscaping on the side of the enclosed portion of the addition facing the 10th Street right-of-way. A minimum of fifty (50) percent of any side of a building facing a public right-of-way shall be planted. Plantings shall be placed adjacent to building sides or provided in planters near building sides. 4. A Certificate of Occupancy shall be obtained from the City of Virginia Beach Permits & Inspections Office prior to occupancy. 5. There shall be no less than one (1) trash receptacle per one thousand (1,000) feet of sales area. All trash receptacles shall be emptied regularly so as not to overflow, and litter and debris shall not be allowed to accumulate. 6. Merchandise, stalls or other materials shall not be stored outdoors while the use is not open for business. 7. The proposed hours of operation shall be 10:00 a.m. to 6:00 p.m., Monday through Saturday. 8. There shall be no amplified music associated with the Open-Air Market. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Mercer Sykes Page 3 of 3 Parking Study Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager:/, O Agrenda A•• VB_ • • • • • ••Planning • • • • • CouncilCity / • Project Details Request Conditional Use Permit (Open-Air Market) ,y A. Staff Recommendation p M Fi Approval LAKE OR Staff Planner ALLEY PINEWOOD DR Alexis Bailey Location 614 10th Street Y GPIN m yA 2427043068 �m Site Size 18,009.21 square feet "PDHt ISO��""�"* AICUZ 70-75 dB DNL Wa tershed low Atlantic Ocean ` Existing Land Use and Zoning District Former office/ RT-3 Resort Tourist a Y V Surrounding Land Uses and Zoning Districts yyf1- •T�r�[l, t �� :' North 10th Street Mini-Warehouse/ 1-1 Light Industrial ' South 9," f ."5 91h Street t Single-family dwelling/ R-5S Residential ; East Eating and drinking establishment; convenience store/ RT-3 Resort Tourist � est Construction company/ RT-3 Resort Tourist Mercer Sykes Agenda Item 5 page 1 of 14 Background SummaryofProposal • The applicant is requesting a Conditional Use Permit for an Open-Air Market on this RT-3 Resort Tourist zoned parcel in order to construct and operate a fifteen-foot by forty-foot produce stand with a coffee bar. • Products to be sold will include locally sourced produce, meat, eggs, grains, and baked goods. • The proposed Open-Air Market will be attached to the existing building and will consist of a shed roof supported by wood posts. On the right side of the structure, an enclosed working area for the coffee bar and checkout line will be constructed.The coffee bar will include four seats. • The proposed materials include a tin roof with wood siding. • The proposed hours of operation will be 10:00 a.m. to 6:00 p.m., Monday through Saturday. • Per Section 203(a)(29) of the Zoning Ordinance, Open-Air Markets require one parking space per two hundred fifty (250) square feet of floor area. The proposed Open-Air Market is 600 square feet and would require two parking spaces. While two parking spaces are required, per Section 203(b)(11) of the Zoning Ordinance, the Zoning Administrator can reduce the minimum parking required on a site when a substantial number of patrons of the use arrive by pedestrian or public means of transportation. Subject to this provision, the applicant submitted a parking study to the Zoning Administrator requesting a waiver of the two required parking spaces. While there are four existing parking spaces at the front of the site, due to the design of the spaces, namely that the spaces require backing out directly into the public right-of- way, they cannot be used to meet the parking requirement. • A bicycle rack that can accommodate ten bicycles will be provided on site, as the applicant anticipates that residents of the surrounding community will arrive by bicycle or walking rather than by car. Zoning History # Request NORFOLK AVE 1 CUP (Craft Brewery) Approved 04/07/2015 - t V� Pp T, RT3 S3 R5S- Mercer Sykes Agenda Item 5 page 2 of 14 Applica tion Types CUP: Conditional Use Permit MDP: Modification of Proffers SVR:Subdivision Variance REZ: Rezoning NON: Nonconforming Use LUP: Land Use Plan CRZ: Conditional Rezoning STC:Street Closure STR:Short Term Rental MDC: Modification of FVR: Floodploin Variance Conditions ALT. Alternative Compliance EvaluationRecommendation The proposed Conditional Use Permit for an Open-Air Market is, in Staff's opinion, acceptable. This Open- Air Market will provide an amenity for the community to use and will provide a visually improved streetscape along this section of 10th Street. The proposed use will have limited hours of operation, as noted in Condition 7, and will provide opportunities for community interaction. Staff is of the opinion that this Open-Air Market will provide added value to the surrounding neighborhoods with minimal negative impacts. Staff does not anticipate any adverse traffic impacts will occur as a result of the proposed use. While there are no generated traffic counts for Open-Air Markets, the peak number of average daily trips (ADT) for this site occurs during the week, which will be unaffected by the proposed hours of the Open-Air Market. Furthermore, staff anticipates that most residents will visit the market by foot or bicycle. As previously mentioned, two parking spaces would be required for the proposed use. The Zoning Administrator has reviewed the request and has written a Parking Reduction letter approving the request to waive the parking requirement for the proposed use. This determination was based on several factors including the site location in the RT-3 District which is intended to provide uses that are complimentary to the resort area while ensuring good pedestrian movement systems. This site is located in the Shadow Lawn Heights neighborhood which is a mixture of commercial, light industrial, and residential uses. There is a public parking lot one block to the north containing 30 parking spaces, street parking along 10th Street, and the owner of the subject property owns the adjacent lot to the west at 620 10th Street, the parking lot for which will be available to customers of the Open-Air Market when open. Furthermore, the applicant has agreed to provide a bicycle rack that can accommodate ten bicycles to serve customers arriving via bicycle. Based on this, Staff recommends approval of this application, subject to the conditions listed below. Recommended Conditions 1. The site shall be developed in substantial conformance with the submitted site layout as depicted in the graphic "10th Street (50' R/W)" as exhibited in the staff report on page 8 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. 2. The site shall be developed in substantial conformance with the submitted renderings as depicted in the graphic exhibited in the staff report on page 8 and prepared by the applicant Mercer Sykes, which has been Mercer Sykes Agenda Item 5 page 3 of 14 exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 3. A Landscape Plan shall be submitted to the Department of Planning & Community Development/Development Service Center (DSC) for review and ultimate approval prior to the issuance of a Certificate of Occupancy that shows the following: a. Building foundations landscaping on the side of the enclosed portion of the addition facing the 10'h Street right-of-way. A minimum of fifty (50) percent of any side of a building facing a public right-of- way shall be planted. Plantings shall be placed adjacent to building sides or provided in planters near building sides. 4. A Certificate of Occupancy shall be obtained from the City of Virginia Beach Permits & Inspections Office prior to occupancy. 5. There shall be no less than one (1) trash receptacle per one thousand (1,000) feet of sales area. All trash receptacles shall be emptied regularly so as not to overflow, and litter and debris shall not be allowed to accumulate. 6. Merchandise, stalls or other materials shall not be stored outdoors while the use is not open for business. 7. The proposed hours of operation shall be 10:00 a.m. to 6:00 p.m., Monday through Saturday. 8. There shall be no amplified music associated with the Open-Air Market. [Stikethrough] . 10. . [End Strikethrough] 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 Information This project falls within the Resort Area SGA. Mercer Sykes Agenda Item 5 page 4 of 14 Goal 5 of the RASAP is to provide a simultaneous sense of calm and renewed energy for residents and visitors. (p. 10, RASAP).The Connected and Multimodal goal of the RAMP is "link destinations throughout the Resort Area with a convenient network of travel options and parking locations" (p. 13, RAMP). This project is located on a block that connects to Mediterranean Avenue, which is considered a "Neighborhood Connector" (p. 25, RAMP). A Neighborhood Connector "provides critical link between local streets, Commercial Corridors, and the region's transportation network. Modal Priority for Neighborhood Connectors are varied for transit service, and medium for motor vehicles and active transport (p. 26, RAMP). Locate buildings close to the pedestrian street with off- street parking behind or beside buildings. (p. B-1, Reference Handbook). Parking areas should not dominate the frontage of streets. Off street parking areas should be located behind buildings or in the interior of a block whenever possible. Shared parking is strongly encouraged between adjacent or vertically mixed uses whose peak demand is offset from each other. (p. B-1, Reference Handbook). Bicycle rack parking and storage lockers are encouraged inside the parking structure. (p. B-2, Reference Handbook). Quality landscaping is essential to the built urban environment. Where possible retain the existing natural landscape. The corners of significant street intersections, gateways or site entries should be enhanced by special landscape treatments such as pavers, flowering plants, signage or decorative lighting. (p. B-2, Reference Handbook).The primary entrance shall be both architecturally and functionally designed on the front facade of the building facing the primary street (p. B-4, Reference Handbook). On-street parking protects pedestrians, benefits merchants, slows traffic, and allows drivers to visit several stores while parking once (instead of having to move from one store's parking lot to the next store's lot) (p. B-5, Reference Handbook). Natural & Cultural Resources Impacts The site is located in the Atlantic Ocean watershed. Public Water There is an existing six-inch city water main along 10th Street. There is an existing four-inch city water main along 91h Street. The site must connect to city water with an exclusive water service line and meter. Sewer There is an existing eight-inch city sanitary sewer gravity main along 10th Street. There is an existing eight-inch sanitary sewer gravity main along 9th Street. This site must connect to sanitary sewer with an exclusive sewer lateral and cleanout. Public Outreach information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on January 13, 2025. Mercer Sykes Agenda Item 5 page 5 of 14 • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, January 29, 2025 and February 5, 2025. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on January 27, 2025. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of virginiabeach.gov/pc on February 6, 2025. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, March 4, 2025 and March 11, 2025. • 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 March 3, 2025. • 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 March 14, 2025. Mercer Sykes Agenda Item 5 page 6 of 14 S�1'1ncAnor._ •.GS$tA+t 4tK"�•Mrwy TM Orf lefS App!.+�f n1•L[.[,ns,..:.. Sth STREET (50' R/N) .1 till. � I 4 6 J - 16 I PHYSICAL SURVEY I 1 LOTS 9. 10.11,12. \ 13 t 14 - BLOCK 36 SHADOW LAWN NEM,NTS A SLAOEA . a.ow AROMA W.VAf,%f1iA r♦,_MR4ti.Ww AVL ��, IY/4�SVAIS xVST..CT.'M1^A 101h STREET (50•R/M) GRAPHH'3rAtr. o •n _ e� Mercer Sykes Agenda Item 5 page 7 of 14 Proposed Site Layout without Parking 6' CNAIN _INK FCNCE(iyp.) 7 11 1 13 15 z 0 o —C3 O BROKEN O •CONCRETE. . . . N O W O O " 1 STY BLOCK a & METAL POWER On I #614 � POLE BIK RACK(10 BIKE i 8 CAPACITY) 1 2 I --- 14 C- JMSYKES JR MARKET `i IIi �I INC 23.0 I, 1 CONCRETE ° MST 1 '. ORIVEWAY(ty .) 40.0' v WRE(typ.) PING PIA'(f) TERRANEAN AVE. LL N 83'00'00" E 90.00' 10th STREET 0 R A14"I" (1 hh STREET-PLr.T) Mercer Sykes Agenda Item 5 page 8 of 14 Proposed Renderings SketchUp SketchUp j I 75, Mercer Sykes Agenda Item 5 page 9 of 14 Site • • f w Mercer Sykes Agenda Item 5 page 10 of 14 Disclosure V BEACH Statement VIRGINIA Disclosure 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. SECTIONDISCLOSURE APPLICANT INFORMATION Applicant Name: as listed on application Mercer Sykes Is Applicant also the Owner of the subject property? Yes©No@ If no,Property Owner must complete SECTION 2:PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative? Yeso No(F) If yes,name Representative: Is Applicant a corporation,partnership,firm,business,trust or unincorporated business? Yes0No4 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 2 relationship with the applicant.(Attach list if necessary.) Does the subject property have a proposed or pending purchaser? Yes U 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 No(�) 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 O cross-collateralizat ion,etc.) Real Estate Broker/Agent/Realtor O Disclosure Statement I rev. May-2024 page 1 of 3 Mercer Sykes Agenda Item 5 page 11 of 14 Disclosure SECTION - DISCLOSURE continued SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual) Accounting/Tax Return Preparation O Architect/Designer/Landscape O O Architect/Land Planner Construction Contractor 0 Jim Sykes,J.M.Sykes Construction Engineer/Surveyor/Agent 00 .James Sykes,SPC Engineering Legal Services 1 Q 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,l 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. Mercer Sykes Mercer Sykes '*2,Z'��,';;', tio' 11/27/2024 Applicant Name (Print) Applicant Signature Date 1"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation."See State and Local Government Conflict of interests Act VA.Code§2.2-3101. 2 Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship, that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii) a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities.Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities,•there are common or commingled funds or assets;the business entities share the use of the some 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§2.1-3101. FOR CITY USE ONLY: No changes as of(date): 2/27/2025 Alexis Bailey 4646� E"u 2/28/2025 Staff Name (Print) Staff Signature Date Disclosure Statement rev. May-2024 page 2 of 3 Mercer Sykes Agenda Item 5 page 12 of 14 Disclosure SECTIONPROPERTY OWNER DISCLOSURE PROPERTY OWNER INFORMATION Property Owner Name: _ as listed on application Is the Owner a corporation,partnership,firm,business,trust,or unincorporated business?Yes If yes,list the names of al/officers, directors,members,or trustees below AND businesses that have a parent-subsidiary'or affiliated business entity z relationship with the applicant. (Attach list if necessary. 3AM�s s.�KES Does the subject property have a proposed or pending purchaser? Yeso No(D"- 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 su ect land or any proposed development contingent on the subject public action? Yes Q No If yes,name the official or employee,and describe the nature of their interest. j 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 entityand/ l or individua -- -- — -- Financing(mortgage,deeds of trust,T— 1 cross-col lateral ization,etc.) 0 Real Estate Broker/Agent/Realtor _ Accounting/Tax Return Preparation 0 67 Architect/Designer/Landscape 0 Architect/Land Planner _ Construction Contractor 0 M SytCeS wNS�R��motif iiJ t Engineer/Surveyor/Agent 0 �/ y Legal Services 0 l� 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 wcek-s)vrior to the meeting of Planning Commission, City Council, VBDA,CBPA, Wetlands Board or any pu,OCc body or committee in connection with this application. James M Sykes � s4 09/05/2024 Property Owner Name(Print) Property OwncAienature Date Disclosure Statement I rev. May-2024 — page 3 of 3 Mercer Sykes Agenda Item 5 page 13 of 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. Mercer Sykes Agenda Item 5 page 14 of 14 Virginia Beach Planning Commission February 12, 2025 Public Meeting Item #5 Mercer Sykes Recommendation: RECOMMENDED FOR APPROVAL Discussion Ms. Cuellar: Alright. No more minutes at this time. Thank you. I appreciate that. Is the next order of business will be the consideration for withdrawal. Is there anyone here who would like to withdraw an agenda item. Is there anyone here who has an item they would like to defer? Seeing none for both, we will now move forward with our consent agenda, and at this time, I've asked our Vice Chair Commissioner Coston to run the consent agenda. Mr. Coston: Thank you,madam chair. Today,we have seven items on the consent agenda. These are applications that are recommended for approval by staff and the planning commission concurred. There are no speakers signed up in opposition. Our first item is, item #5 Mercer Sykes, property owner, conditional use permit. If you would put a representative here. If you would please come to the mic and speak your name for the record. Mercer Sykes: Thank you, Mercer Sykes. Mr. Coston: Are the conditions acceptable to you? Mercer Sykes: Yes. Mr. Coston: Thank you. You may be seated. Is there any opposition to this item being placed on the consent agenda. Hearing none, we've asked commissioner Alcaraz to read this item into the record. Mr.Alcaraz: Thank you,commissioner. This item is Mercer Sykes,a conditional use permit for an open-air market at 614 10t' Street. The applicant is requesting a conditional use permit for an open-air market on this RT-3 resort tourist zone parcel in order to construct and operate a 15 foot by 40 foot Prodew stand with a coffee bar. Products sold will be, will include locally sourced Prodew meat eggs grains and baked goods. The proposed open-air market will be attached to the existing building, and will consist of a shed roof supported by wood posts on the right side of the structure, an enclosed working area for the coffee bar and checkout line will be constructed. The coffee bar will include four seats. The proposed hours are 10 to 6 p.m.,Monday through Saturday, and also a bike rack that can accommodate 10 bicycles will be provided on the site as the applicant anticipates the residents surrounding the community will ride by bicycle. We've put this on the consent agenda. Mr. Coston: Madam Chair, that was the last item on the consent agenda. The Planning Commission places the following applications on the consent agenda. Items 5, 6, 7, 8, 9, 10, and 11. Ms. Cuellar: Thank you very much, Vice-Chair. Do I have a motion to approve by consent as read by the Vice-Chair? Mr. Coston: So moved. Mr. Parks: One clarification on Item 46, the modification, it should be approved with a modification to clarify that there will be an administrative review of the conditional use permit after five years. Ms. Cuellar: Thank you very much for that clarification. I have a motion by Commissioner Coston. Is there a second? Mr. Parks: Second. Ms.Cuellar: Second by Commissioner Parks. Are there any planning commissioners abstaining on any of these items on the consent agenda? Okay. Hearing none. Mr.Cromwell: I will abstain from item 45. Ms. Cuellar: Thank you very much. Mr.Coston: I'm abstaining from item 44. It's a voluntary abstaining because I do not receive any remuneration that I am allowed to vote, but I have chosen to avoid the appearance of any impropriety by abstaining. Thank you. Ms. Cuellar: Thank you, Commissioner Coston. Item 44 is not on the consent agenda. We'll get to that because we just had a recent change. So, thank you for bringing that to our attention, and then we'll go over that again. We have one abstention from Commissioner Cromwell. Are there any other commissioners abstaining on the consent agenda? Madam Clerk: The vote is open. By a recorded vote of 9 to 0, with one abstention on item #5 from Commissioner Cromwell, Items #5, 6, 7, 8, 9, 10, and 11 have been recommended for approval by consent. Ms. Cuellar: Thank you very much. If you had an application that was on the consent agenda, your request will now be scheduled for an upcoming City Council meeting. Staff will contact you about the date. For those applicants on the consent agenda,thank you for your participation. You may remain at the meeting, either virtually or in person, or you're free to leave. Vote Tall Commission Member AYE 8 NAY 0 ABS 1 ABSENT 1 Alcaraz X Anderson X B ler X Cromwell X Coston X Cuellar X Hi en X Mauch X Parks X Plumlee X Conditions/Proffers 1. The site shall be developed in substantial conformance with the submitted site layout as depicted in the graphic "10th Street (50' R/W)" as exhibited in the staff report on page 8 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. 2. The site shall be developed in substantial conformance with the submitted renderings as depicted in the graphic exhibited in the staff report on page 8 and prepared by the applicant Mercer Sykes, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 3. A Landscape Plan shall be submitted to the Department of Planning& Community Development/Development Service Center(DSC)for review and ultimate approval prior to the issuance of a Certificate of Occupancy that shows the following: a. Building foundations landscaping on the side of the enclosed portion of the addition facing the 10th Street right-of-way. A minimum of fifty (50) percent of any side of a building facing a public right-of-way shall be planted. Plantings shall be placed adjacent to building sides or provided in planters near building sides. 4. A Certificate of Occupancy shall be obtained from the City of Virginia Beach Permits & Inspections Office prior to occupancy. 5. There shall be no less than one (1)trash receptacle per one thousand (1,000) feet of sales area. All trash receptacles shall be emptied regularly so as not to overflow, and litter and debris shall not be allowed to accumulate. 6. Merchandise, stalls or other materials shall not be stored outdoors while the use is not open for business. 7. The proposed hours of operation shall be 10:00 a.m. to 6:00 p.m., Monday through Saturday. 8. There shall be no amplified music associated with the Open-Air Market. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. CITY OF PLANNING y ZONING DEPARTMENT VI RG I N I A planning.virginiabeach.gov �„. BEACH 2875 Sabre Street Suite#500 Virginia Beach,VA 23452-7365 January 24, 2025 Mercer Sykes 764 Hilltop Road Virginia Beach, VA 23454 Mercersykes(ci)-gmail.com Re: Parking Reduction- 614 loth Street Ms. Sykes: Section 203(b)(11) of the Zoning Ordinance allows the zoning administrator to reduce the minimum parking required on a site when a substantial number of patrons of the use arrive by pedestrian or public means of transportation. I have reviewed the site/parking plan you have submitted with your conditional use permit application to operate a farm stand and have approved the parking plan as submitted (attached). The considerations used in my determination are shown below. • The proposed market in the RT-3 zoning district. An intent of the RT-3 district is to provide uses that are complimentary to the resort area and that ensure good pedestrian movement systems. • Due to the nature of the business, many of the patrons are expected to be from the surrounding neighborhoods. The location of the site supports patrons arriving via walking or bicycle. • The site is in the Shadow Lawn Heights neighborhood. This neighborhood is a mixture of commercial, light industrial, and residential uses. The neighborhoods surrounding the site are smaller lots and contain medium to high density residential units. Within '/2 mile of the site there are hotels, multi-family,townhome, and single-family developments. The site is located less than '/2 mile from the principal resort area along Atlantic and Pacific Avenues. • There are four parking spaces shown in front of the proposed use. These spaces cannot be counted towards meeting the parking calculation because they are laid out to back directly into the right-of-way. However, if they were counted, they would satisfy the required parking for the use. • There is a public parking lot one block to the north that contains 30 parking spaces. There is also street parking available along 10th Street. • The owner of the subject property also owns the adjacent lot to the west (620 loth Street). It is understood that the parking area for this site will be available when the proposed market is operating. 757-385-8548 1 KPKemp@vbgov.com planning.virginiabeach.gov This letter shall serve as a formal approval of the parking layout submitted with your conditional use permit application. Please notify me if there is a new or updated parking layout or if there are significant changes with the operation that would impact parking. Sincerely, Kevin Kemp Zoning Administrator Cc: Alexis Baily, Planner Page 2 of 3 Approved parking layout. _..-� _6' CHAIN IJ'\K FENCE(t�q.) i3 15 Z V N BROKEN p CONCRETE ,.7' 39.9' r� f`A LJ 0 0 1 STY BLOCK & METAL POWER #614 POLE Ln � I JR MARKET I JMSYKES INC 0.1 t CONCRETE f, bF `oRlVEwaY(t)v t 40.0' r OVNO •� WRE(t yp.) 11 2 . i 3 4 co PIN(1) '.RA-NEAAN AVE. IV 83'0000 90.00' 0 4 PARKING SPACES MINIMUM TBACK IOth STREET (50' R/W) PER (13th STREET-PLAT) ARTICLE 15.0 SEC. 1522 Page 3 of 3 1 I J iw 8 Ir �� 1� AG2 -AGJ2 Q AG�2 'y i% a AG1 AG1 N ® Site w*- E Jeffrey Smith & Jena Cornell Property Polygons s 216 Princess Anne Road Zoning Building Feet 01530 60 90 120 150 180 r�.�`MrtHZ mow CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: JEFFERY SMITH AND JENA CORNELL [Applicants] JENA NATALINE CORNELL & NIKOLAS EVANGELOS SAFOS [Property Owners] Conditional Use Permit (Residential Kennel) for the property located at 216 Princess Anne Road (GPIN 2317545131). COUNCIL DISTRICT 2 (Henley) MEETING DATE: March 18, 2025 ■ Background: This is a Conditional Use Permit request to operate a residential kennel on a 1 .5- acre parcel located at 216 Princess Anne Road. The property is currently zoned AG-2 Agricultural District, and the applicant is requesting approval of the residential kennel in order to keep their 13 dogs on the property. Nine of the 13 dogs are hunting dogs that will be kept in the proposed outdoor air-conditioned kennel. The remaining 4 dogs are personal pets that will be kept in the home. According to the applicant, all the dogs are vaccinated and registered and no breeding of animals is proposed. ■ Considerations: In Staff's opinion, and the Planning Commission concurred, the request for a Conditional Use permit for a Residential Kennel is acceptable. The property is located within the Rural Area and the proposed use is considered an appropriate activity for this area. Since the proposed kennel will be soundproofed and is proposed to be located approximately 250 feet from the nearest adjacent residential dwelling, Staff does not anticipate any adverse impacts to the adjacent properties as a result of this request. 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 February 12, 2025, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 9-0. 1 . The operation of this use shall be in substantial conformance with the submitted concept plan entitled "Proposed Residential Kennel", dated February 12, 2025, as exhibited to the City Council and on file with the Department of Planning & Community Development. Jeffery Smith and Jena Cornell Page 2 of 2 2. The operation of this use shall be in substantial conformance with the submitted elevation plan entitled "Proposed Elevation", dated February 12, 2025, as exhibited to the City Council and on file with the Department of Planning & Community Development. 3. The Conditional Use Permit shall be limited to a maximum of thirteen (13) adult dogs. 4. All animal waste from the dogs shall be collected and disposed of in a lawful manner on a weekly basis. 5. The applicant shall ensure that all dogs are properly vaccinated and immunized and are licensed through the City of Virginia Beach. 6. There shall be no breeding of dogs on the site. 7. Day Care, Training, and Boarding services for dogs or other animals for monetary consumption are not permitted on this site. ■ 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 Agenda A•• Cornell Property Owners: Jena Cornell & Nikolaos Evangelos Safos Planning Commission •lic Hearing: February 12, 2025 CouncilCity Project Details Request Conditional Use Permit (Residential Kennel) Sta ff Recommenda tion Approval V_B� o� h0- Staff Planner �9``1` Madison Eichholz ego Location 216 Princess Anne Road GPIN A 2317545131 m N Site Size z 1.5 acres m 0 A/CUZ Less than 65 dB DNL Wa tershed ;r Southern Rivers ` t Existing Land Use and Zoning District Single-family dwelling /AG-2 Agricultural =7 Surrounding Land Uses and Zoning Districts `f= North �z Single-family dwelling/AG-2 Agricultural South & East Borrow Pit/AG-1 Agricultural & AG-2 Agricultural { i \Nest � Princess Anne Road Undeveloped lot/AG-1 Agricultural &AG-2 Agricultural Jeffery Smith &Jena Cornell Agenda Item 7 page 1 of 16 Background SummaryofProposal • The applicant is requesting a Conditional Use Permit to operate a residential kennel on a 1.5-acre parcel located at 216 Princess Anne Road and zoned AG-2 Agricultural District. The Zoning Ordinance allows up to four personal dogs on a property without a Conditional Use Permit. • The applicant seeks to house nine personal hunting dogs within a 30-foot by 20-foot insulated, soundproofed, and air-conditioned structure to be located at the rear of the property. As depicted on the proposed site layout the structure will be setback 20 feet from both the side and rear property lines. • The dogs will be kept within the proposed outdoor structure except for periods of relief, play, and hunting. The dogs will be supervised when not kept within the outdoor structure. • No breeding of animals is proposed. • All animals are vaccinated and registered, per the applicant. • A total of 13 dogs will live on the property. Four will be personal pets residing in the home, and the other nine will be hunting dogs kept in the outdoor kennel. Zoning History Map Key No. Request MDC (Borrow Pit Expansion) Approved 09/03/2021 MDC Approved 02/14/2006 , CUP (Borrow Pit Expansion) Approved 02/09/2010 1 STC Approved 02/09/2010 CUP (Borrow Pit Expansion) Approved 02/14/2006 CUP (Borrow Pit) Approved 11/28/2000 1 Application Types CUP: Conditional Use Permit MDP: Modification of Proffers SVR:Subdivision Variance REZ:Rezoning NON: Nonconforming Use LUP: Land Use Plan CRZ: Conditional Rezoning STC:Street Closure STR:Short Term Rental MDC: Modification of FVR: Floodploin Variance Conditions ALT.'Alternative Compliance Jeffery Smith &Jena Cornell Agenda Item 7 page 2 of 16 • Recommendation- • • • This request for a Conditional Use Permit for a Residential Kennel in Staff's opinion, is acceptable.The property is located within the Rural Area and the proposed use is considered an appropriate activity for this area. Section 223 of the Zoning Ordinance requires that kennel structures be at least 100 feet from the property line of any adjacent lot, except where animals are kept in soundproof, air-conditioned buildings. Since the proposed kennel structure will be soundproof and air-conditioned, the 100-foot setback would not apply. The property immediately adjacent to the east and south of the proposed structure is utilized as a borrow pit while the property to the north is a single-family dwelling which is approximately 246 feet from the proposed outdoor kennel. Staff does not anticipate any adverse impacts to these properties as a result of this request. Furthermore, no changes to traffic are anticipated as a result of the proposed use. Based on these considerations, Staff is recommending approval of this request subject to the conditions below. Recommended Conditions 1. The operation of this use shall be in substantial conformance with the submitted concept plan entitled "Proposed Residential Kennel", dated February 12, 2025, as exhibited to the City Council and on file with the Department of Planning & Community Development. 2. The operation of this use shall be in substantial conformance with the submitted elevation plan entitled "Proposed Elevation", dated February 12, 2025, as exhibited to the City Council and on file with the Department of Planning & Community Development. 3. The Conditional Use Permit shall be limited to a maximum of thirteen (13) adult dogs. 4. All animal waste from the dogs shall be collected and disposed of in a lawful manner on a weekly basis. 5. The applicant shall ensure that all dogs are properly vaccinated and immunized and are licensed through the City of Virginia Beach. 6. There shall be no breeding of dogs on the site. 7. Day Care,Training, and Boarding services for dogs or other animals for monetary consumption are not permitted on this site. 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/ Jeffery Smith &Jena Cornell Agenda Item 7 page 3 of 16 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 • • The Comprehensive Plan finds this an acceptable use for the area.This property falls with in the Rural area. One of the main goals of the rural area is to preserve existing trees and natural resources (p. B-12, Reference Handbook). Based on the concept plan and aerial imagery for this project little to no trees will be impacted by the construction. This supports the goals of the rural area. The project meets the design policies and principle areas as it is set back significantly from the roadway (p. B-12, Reference Handbook). ResourcesNatural & Cultural • The site is located in the Southern Rivers watershed. There are no known historic or cultural resources that will be affected by this project. Traffic Impacts/Transportation Traffic Counts Street Name Present Volume Present Capacity Generated Traffic Princess Anne Road 4,320 ADT' 11,200 ADT 1(LOS°„D„) No Data Available ' Average Daily Trips 2LOS = Level of Service Master Transportation Plan(MTP)and Capital Improvement Program(CIP) Princess Anne Road, in the vicinity of this site, is a two-lane rural road with a 50-foot right-of-way. The MTP Map indicates an ultimate future right-of-way width of 90 feet for a roadway with a bikeway. There is currently no capital improvement project scheduled for this segment of Princess Anne Road. Active Transportation Plan There are no improvements or recommendations in the Active Transportation Plan applicable to the subject site. Jeffery Smith & Jena Cornell Agenda Item 7 page 4 of 16 Public Utility Impacts Water&Sewer City water and sewer are not available to this site. Public Outreach Planning Commission • The applicant met with the neighbor in the adjacent house to the north and received verbal support regarding their application. • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on January 13, 2025. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, January 29, 2025 and February 5, 2025. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on January 27, 2025. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of virginiabeach.gov/pc on February 6, 2025. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, March 4, 2025 and March 11, 2025. • 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 March 3, 2025. • 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 March 14, 2025. Jeffery Smith &Jena Cornell Agenda Item 7 page 5 of 16 Proposed LayoutT Proposed w1199 w� Residential Kenne as w.r 30 R Setback Proposed Concrete Pad 30' x 20' fl Setback im Uri* MOD too 1y FLO of 6==M TO K ago ttV%MN tv" M MM r�•a�nur rWAN#i•MWK M _ clf wn 1 A Qr•�. fl met op- '""'��( Mw��rwA M�ww.J w rwl '71M rr •I�Jr� i.�.. .� . Arwa.aM Jeffery Smith &Jena Cornell Agenda Item 7 page 6 of 16 Proposed • Plan I Proposed Elevation ._.-.-�_. + .�__,_ Roof mil be constructed of newrai colored metal sh"ng _. -s.__.......- ...s.. .. .. ,.. ,..gin._..._...... ...r...-.... .K..._.....r. -...__yam E e ... ..._. _y ...-mow...-w s...... ,.._.�.._.�,.--+ ....... j o. Siding voll be constructed out of white insulated wall materials Jeffery Smith &Jena Cornell Agenda Item 7 page 7 of 16 Proposed Floor Roll Up Door Door KENNEL Door 30' x 20' ...................................................................... • """ Fencing material - - --- Kennel perimeter Concrete pad *Roof will be made from carport materials Jeffery Smith &Jena Cornell Agenda Item 7 page 8 of 16 Building �21 _ INDOOR UNIT (Evaporator) Hangs on the wall,on provided bracket,much —' — — - like a picture Frame. 3 inch hole drilled through the wall.The two connecting pipes(line set)and the communication wires connect between the indoor and outdoor unit. The drain tube connects to the indoor unit and r drains moisture outside AC D A ' " W Example Jeffery Smith &Jena Cornell Agenda Item 7 page 9 of 16 Roof Exhibit 7--.L Perspective View Front Let Sid! Right Side Back Jeffery Smith &Jena Cornell Agenda Item 7 page 10 of 16 Site Photos i ��x 4 --.. ..�� r: Y1�4 fi v Site Photos 5 .1'�4' � y j� �Y• {ty'tF S i '.. g$; 4 I ' ' t 4= Disclosure Disclosure VIRGINIA V BEACH Statement The disclosures contained in this form ore 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 Jena Cornell and Jeff Smith Is Applicant also the Owner of the subject property? Yes@ No0 If no, Property Owner must complete SECTION 2:PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative?YesO No@ If yes,name Representative: Is Applicant a corporation,partnership,firm,business,trust or unincorporated business? YesONo@ If yes,list the names of all officers,directors,members,or trustees below AND businesses that have a parent-subsidiary 2 or affiliated business entity 2 relationship with the applicant.(Attach list if necessary.) Does the subject property have a proposed or pending purchaser? Yes U 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 No(j) 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 O Freedom Mortgage cross-col late ralization,etc.) Real Estate Broker/Agent/Realtor O 0 Disclosure Statement i rev. M a y-2024 page 1 of 3 Jeffery Smith &Jena Cornell Agenda Item 7 page 13 of 16 Disclosure SECTION • -. SERVICE YES NO SERVICE PROVIDER Name entity and/or individual Accounting/Tax Return Preparation O Architect/Designer/Landscape O O Architect/Land Planner Construction Contractor O 0 Engineer/Surveyor/Agent O 0 Legal Services -T-oT& APPLICANT CERTIFICATION READ:l 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,1 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. Jena Cornell Jeff Smith99k11/26/24 Applicant Name(Print) Applicant Signature Date 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. z'Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship, that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii) a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the some 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. FOR CITY USE ONLY: No changes as of(date): 2/26/2025 Madison Eichholz �� �� 2/26/2025 Staff Name(Print) Staff Signature Date Disclosure Statement l rev. May-2024 page 2 of 3 Jeffery Smith &Jena Cornell Agenda Item 7 page 14 of 16 Disclosure SECTION 2: PROPERTY OWNER DISCLOSURE PROPERTY OVYNER INFORMATION property Owner Name: as fisted on apprrcatton Jena Cornell & Nikolaos Evangelos Safos Is the Owner a corporation,pxtnetship,Iirm,business,trust,or unincorporated business?YesQNo@ If yes,list the names of aft officers,directors,members,ar trustees below AND businesses that have a parent-subsidra 'or affiliated business entity r relationship with the apptocant Attarh list if ntttssa F- Does the subject property have a proposed or pending purchaser? Yeso NoO if yes.name proposed or pending purchaser. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the Cityof Vironla Beach have an Interest In the object land or any proposed development contingent an the subject public action? Yes(D Nog 1 yes.name I tie u Kiulur ern Icy ee.and descotx-ttne nut ue ol therr uitere5 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 operozed'on the property, The name of the entity or individual Providing such set vues inusr br identifwd.(Arrach fist 4necessary4 SERVICE YES NO SERVICE PROVIDER Nome entity a or individual Financing(mortgage,deeds of trust, O 0 Freedom Moflpge cross-collaterahrat ion.etc.) L! Real Estair BrcArr/A rntfliraltot O O AccdwntinR/Tax Return Preparation O Arc hitect/Designer/Landscape O O Architect/tand Planner Construction Contractor O O En 'veer/Sur r/ nt 0 O L S/rvites ___. PROPERTY OWNER CERTIFICATION READ:i crrtr/y thot oll information contained in this form is complete,true,and occumte.I understand that, upon receipt o/notification that the applicatoon has been scheduled for public hearing,I am responsible for updating the information provided herein three weeks prior to the meeting of Manning Commission, City Council,V8DA,CIRPA Wetlands 80ard or any public body or commit fer in connection with this application. Jena Cornell ar � 11/26/24 Propetty f)wner Name lPrint► PF0 p(41y()wnr1 tiaprrrittere Date Disclosure Statement I rev. M a y-2024 page 3 of 3 Jeffery Smith &Jena Cornell Agenda Item 7 page 15 of 16 Next Steps • Upon receiving a recommendation from Planning Commission, this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision, the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center (DSC) to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-5692. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Jeffery Smith &Jena Cornell Agenda Item 7 page 16 of 16 Virginia Beach Planning Commission February 12, 2025 Public Meeting Item #7 Jena Cornell & Jeffrey Smith Recommendation: RECOMMENDED FOR APPROVAL Discussion Mr. Coston: Next item is, Item 47, Jeffrey Smith and Jena Cornell for conditional use of Residential Kennel. Ms. Cornell: Hello,Jena Cornell. Mr. Coston: Thank you. Are the conditions acceptable to you? Ms. Cornell: Yes, sir. Mr. Coston: Thank you, you may be seated. We've asked Commissioner Cromwell to read this item into the record. Mr.Cromwell: The applicant is requesting a conditional use permit to operate a residential kennel on 1.5-acre parcel located at 216 Princess Anne Road and zone AG-2 agricultural district. The zoning ordinance allows up to four personal dogs on a property without a conditional use permit. The applicant seeks to house nine personal hunting dogs within a 30 foot by 20 foot insulated soundproof and air-conditioned structure to be located at the rear of the property. The dogs will be kept within the proposed outdoor structure except for periods of relief play and hunting. The dogs will be supervised and not kept within the outdoor structure. No breeding of animals is proposed. The animals are vaccinated and registered. A total of 13 dogs will live on the property. Four will be personal pets residing in the home,and the other nine will be hunting dogs kept in the outdoor kennel. Hearing no opposition to this application,we approve this for the consent agenda. Mr. Coston: Madam Chair, that was the last item on the consent agenda. The Planning Commission places the following applications on the consent agenda. Items 5, 6, 7, 8, 9, 10, and 11. Ms. Cuellar: Thank you very much, Vice-Chair. Do I have a motion to approve by consent as read by the Vice-Chair? Mr. Coston: So moved. Mr. Parks: One clarification on Item #6, the modification, it should be approved with a modification to clarify that there will be an administrative review of the conditional use permit after five years. Ms. Cuellar: Thank you very much for that clarification. I have a motion by Commissioner Coston. Is there a second? Mr.Parks: Second. Ms.Cuellar: Second by Commissioner Parks. Are there any planning commissioners abstaining on any of these items on the consent agenda? Okay. Hearing none. Mr. Cromwell: I will abstain from item#5. Ms. Cuellar: Thank you very much. Mr.Coston: I'm abstaining from item#4. It's a voluntary abstaining because I do not receive any remuneration that I am allowed to vote, but I have chosen to avoid the appearance of any impropriety by abstaining. Thank you. Ms. Cuellar: Thank you, Commissioner Coston. Item#4 is not on the consent agenda. We'll get to that because we just had a recent change. So, thank you for bringing that to our attention, and then we'll go over that again. We have one abstention from Commissioner Cromwell. Are there any other commissioners abstaining on the consent agenda? Madam Clerk: The vote is open. By a recorded vote of 9 to 0, with one abstention on item #5 from Commissioner Cromwell, Items #5, 6, 7, 8, 9, 10, and 11 have been recommended for approval by consent. Ms. Cuellar: Thank you very much. If you had an application that was on the consent agenda, your request will now be scheduled for an upcoming City Council meeting. Staff will contact you about the date. For those applicants on the consent agenda,thank you for your participation. You may remain at the meeting,either virtually or in person, or you're free to leave. Our next order of business is the regular agenda. Madam Clerk,we're ready for the first item. Vote Tall AYE 9 NAY 0 ABS 0 ABSENT 1 Alcaraz X Anderson X B ler X Cromwell X Coston X Cuellar X Hi en X Mauch X Parks X Plumlee X Conditions/Proffers 1. The operation of this use shall be in substantial conformance with the submitted concept plan entitled "Proposed Residential Kennel", dated February 12, 2025, as exhibited to the City Council and on file with the Department of Planning & Community Development. 2. The operation of this use shall be in substantial conformance with the submitted elevation plan entitled "Proposed Elevation", dated February 12, 2025, as exhibited to the City Council and on file with the Department of Planning& Community Development. 3. The Conditional Use Permit shall be limited to a maximum of thirteen (13) adult dogs. 4. All animal waste from the dogs shall be collected and disposed of in a lawful manner on a weekly basis. 5. The applicant shall ensure that all dogs are properly vaccinated and immunized and are licensed through the City of Virginia Beach. 6. There shall be no breeding of dogs on the site. 7. Day Care,Training, and Boarding services for dogs or other animals for monetary consumption are not permitted on this site. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. O 00 R1CD B2 132 B2 CID a Al2 0 02 02 O N ® site Green Clean Auto Wash, LLC w-*- ]:� Property Polygons 1014 Independence Boulevard S Zoning Building Feet 02040 80 120 160 200 240 r,`�Hu neiy4 .�j?�""^1h`7 co E.r �u 5.0 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: GREEN CLEAN AUTO WASH, LLC [Applicant] BOOM INC [Property Owner] Conditional Use Permit (Car Wash Facility) for the property located at 1014 Independence Boulevard (GPIN 1478550966). COUNCIL DISTRICT 9 (Schulman) MEETING DATE: March 18, 2025 ■ Background: The applicant is requesting a Conditional Use Permit to convert a former Sonic Drive-In for use as a Car Wash Facility. Minimal changes are proposed to the exterior of the structure to include the installation of overhead doors for vehicular access along the east and west elevations, installation of windows, and repainting the facade. The primary entrance to the car wash will be located on the west end of the building, facing Independence Boulevard. In addition to the 15 proposed exterior vacuum stations, 4 parking spaces will be provided. The applicant intends to supplement the existing landscaping on site and will install an 8-foot wide side path along Independence Boulevard as recommended by the City's Active Transportation Plan. ■ Considerations: While the proposed project seeks to utilize the existing building to the greatest extent possible and improves the overall site landscaping, staff does not believe the use conforms to recommendations in the Comprehensive Plan. 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. The recently adopted Commercial Area Pattern Book (CAPB) calls out the importance of outparcels, such as the subject property, to be the face of redevelopment and an extension of the neighborhood in which they are a part of. While this is a redevelopment proposal it does not meet the recommendations as outlined in the CAPB and as such is not supported by Staff. 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 February 12, 2025, the Planning Commission passed a motion to recommend approval of this request by a vote of 9 to 0. Green Clean Auto Wash, LLC Page 2of3 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 1/[strikethrough]4-3[end strikethrough]27/2025, which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning & Community Development. 2. The structure will be constructed in substantial conformance with the submitted elevation entitled "Green Clean Express Auto Wash-1014 Independence Boulevard, Virginia Beach, VA" prepared by SBA Studios, which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning & Community Development. 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 "Vacuum Schematic and Elevation" 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 is 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. Green Clean Auto Wash, LLC Page 3 of 3 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.A fire hydrant is required to be located within 400 feet of the commercial structure. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Denial. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager:o Agenda A•• • Wash, LLCV_B,Property BOOM Planning • • • • CouncilCity Project Details Request Conditional Use Permit (Car Wash Facility) o sc pa staff Recommendation sq 55 Denial -�►, �'tiy Cy Staff Planner i Alexis Bailey Location s °J��o A 1014 Independence Boulevard °a GPlN aF o11 01 r 1478550966 °°° �o OV °� site size 34,662.42 square feet ���1 y0o K,A pJ� BPpAd A/CUZ / Less than 65 dB DNL Wa tershed Chesapeake Bay �' 3 A Existing Land Use and Zoning District Vacant fast-food restaurant/ B-2 Community Business *� Surrounding Land Uses and Zoning Districts North 0 - y i Retail / B-2 Community Business South Nil Vacant restaurant/ B-2 Community Business "�� � � � A 'O �• East 1 yit ... Grocery store/ B-2 Community Business West Independence Boulevard Shopping center/ B-2 Community Business Green Clean Auto Wash, LLC Agenda Item 3 page 1 of 19 Background ► SummaryofProposal • The applicant is requesting a Conditional Use Permit for a Car Wash Facility to redevelop this vacant fast- food restaurant (formerly Sonic) with a single bay express car wash. • A Sonic Drive-In restaurant was constructed in 2003 and operated here until 2024. The applicant is proposing to reuse the existing building to the greatest extent possible for the car wash facility. Modifications will be made to the building to accommodate the new automated car wash tunnel and rebrand the building, but they will occur within the existing dimensions of the building. • Minor changes are proposed including the building being repainted with neutral grey tones, installation of windows along the north and south elevations, and the addition of engineered wood paneling. • Overhead doors for vehicular access will be installed along the east and west elevations.The entrance to the car wash will be located on the west end of the building, facing Independence Boulevard. Customers will exit the facility through the east elevation where they can access the 15 vacuum stations located on the south side of the building. • The applicant intends to replace the existing freestanding sign located along Independence Boulevard and install a monument-style sign in substantially the same location. • Section 228.1 of the Zoning Ordinance requires a minimum of three parking spaces for each car wash space within the facility. Four parking spaces, including one handicapped space, are proposed on the concept plan, meeting the parking requirement. • The existing dumpster area at the northeast corner of the parcel will be reused and updated to match the building materials and color. The dumpster enclosure is fully enclosed, except for ingress/egress, by six foot tall fence with the required landscape screening. • The applicant has included a small pedestrian area with a bike rack and bench on the western portion of the site. Additionally, the existing sidewalk along the front of the site will be improved to an 8-foot wide side path as recommended in the city's Active Transportation Plan. Green Clean Auto Wash, LLC Agenda Item 3 page 2 of 19 Zoning • # Request 1 CUP (Fitness Center) Approved 11/24/2009 1 z a O m G 1 Z ; n fl �I Applica tion Types CUP: Conditional Use Permit MDP: Modification of Proffers SVR:Subdivision Variance REZ: Rezoning NON: Nonconforming Use LUP: Land Use Plan CRZ: Conditional Rezoning STC:Street Closure STR:Short Term Rental MDC: Modification of FVR: Floodplain Variance Conditions ALT:Alternative Compliance Evaluation : Recommendation In Staff's opinion, this Car Wash Facility is an inappropriate use for this prominent parcel along Independence Boulevard. 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 intrinsically an auto-oriented and auto-dependent use. The site falls within the Commercial Area Pattern Book the redevelopment principles call for outparcels to be redeveloped as "the face of the development and (extension of) the neighborhood" in which it is located. Developing an automated car wash on this parcel continues to entrench auto-oriented design and use in this corridor. Car washes by their nature do not activate the pedestrian zone. While Staff believes the proposed use does not conform with recommendations in the Comprehensive Plan, Staff does acknowledge that the proposal seeks to utilize the existing building to the greatest extent possible and improves the 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 the area. The redesign of the elevations removes much of the branding of the current building from a standard "Sonic Drive-In" and introduces some color contrast that reduces the scale of the building. The conceptual landscape plan depicts a site with robust landscaping to include the retention of much of the existing vegetation which will be supplemented with additional trees and shrubs as needed. As mentioned Green Clean Auto Wash, LLC Agenda Item 3 page 3 of 19 previously, additional site improvements are proposed to better align with the City's Commercial Area Pattern Book to include a small pedestrian area near the entrance to the tunnel which will include a bench, bike rack, and a tree as well as expanding the existing sidewalk along Independence Boulevard to an eight-foot side-path per the recommendations of the Active Transportation Plan. Existing street trees will remain where possible and will be replaced if unable to be maintained. While the proposed reuse of this now vacant building is an improvement over the existing conditions, Staff is of the opinion that the site would be better suited for a non-auto-oriented use. With these considerations, Staff recommends denial of this application. Noting, however, the quality of the 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 1/[strikethrough]4-3[end strikethrough]27 2025, which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning & Community Development. 2. The structure will be constructed in substantial conformance with the submitted elevation entitled "Green Clean Express Auto Wash-1014 Independence Boulevard, Virginia Beach, VA" prepared by SBA Studios, which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning & Community Development. 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 "Vacuum Schematic and Elevation" 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 is 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 Green Clean Auto Wash, LLC Agenda Item 3 page 4 of 19 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. A fire hydrant is required to be located within 400 feet of the commercial structure. 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 Information 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. The Commercial Area Pattern Book redevelopment principles of commercial area recommend that outparcels are to be redeveloped with facades on the primary street in order to calm traffic and create a face to the development to prepare it for future uses" (p. 12) and (outparcels) should be developed to become the face of the development and the neighborhood (p. 13, CAPB). The CAPB classifies this project within an Inland Character Area (p. 32, CAPB). As a result of this development style, it is more convenient, and more common, for shoppers to use personal vehicles to move about the shopping center than it is to walk. This currently is a burden on the vehicular infrastructure and also represents an opportunity for improvement in new developments. (p. 32). ResourcesNatural & Cultural • The site is located in the Chesapeake Bay watershed and there are no known historic or cultural resources that will be affected by this project. Traffic Impacts/Transportation Traffic Counts Green Clean Auto Wash, LLC Agenda Item 3 page 5 of 19 Street Name Present Volume Present Capacity Generated Traffic Independence 46,550 ADTI 55,500 ADT 1(LOS 4 Existing Land Use 2- 1,730 ADT Boulevard D ) Proposed Land Use 3-500 ADT 1 Average Daily Trips 'As defined by an 'As defined by an 4LOS = Level of 3,800 SF Fast Food Automated Car Wash Service with Drive-Through with One Tunnel Master Transportation Plan(MTP)and Capital Improvement Program(CIP) Independence Blvd. in the vicinity of this application is considered a six-lane divided major urban arterial. The Master Transportation Plan proposes a six-lane facility within a 155 right-of-way. No roadway Capital Improvement Program projects are slated for this area. Active Transportation Plan The Active Transportation Plan recommends installation of a side path along this portion of Independence Boulevard. ImpactsPublic Utility Water There is an existing six-inch and a twelve-inch city water main along Independence Boulevard.There is an existing thirty-six-inch HRSD force main along Independence Boulevard.This site currently connects to city water. Sewer There is an existing eight-inch city sanitary sewer gravity main along the adjacent easter property within a thirty-foot public utility easement. 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 January 13, 2025. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, January 29, 2025 and February 5, 2025. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on January 27, 2025. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of virginiabeach.gov/pc on February 6, 2025. City Council Green Clean Auto Wash, LLC Agenda Item 3 page 6 of 19 • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, March 4, 2025 and March 11, 2025. • 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 March 3, 2025. • 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 March 14, 2025. Green Clean Auto Wash, LLC Agenda Item 3 page 7 of 19 Proposed Layout c a ' P iEi.EYYY x J {iF�i g iG tit, �L 61 i I � I per'^43., 3 rq Y I i'i a Y Vi I !f y j; I i 1 ,> , z i .k. -; Green Clean Auto Wash, LLC Agenda Item 3 page 8 of 19 Site • Elevations i �Y Green Clean Express Auto Wash-1014 Independence Boulevard - F7x m:a:s;.arc 1--- L"O'LiA nIn -- ,.,, .:1 - - 4 Oaf UMIM 1 a 1 VffM REVA ON u I MKRMAnaw ""•a[re•ae�a eLw. �•• Vwalw�auw.w -L-A000MS __ y .r.. SDI/ 1 � r - --�•-• S T U D I O S � eocaLev�rnM _ — - Green Clean Auto Wash, LLC Agenda Item 3 page 9 of 19 Proposed Signage Gteen *�.,Jea AUTO WISH i4A F 1 LIMLS I ONL WILL —FP HENRY 8x4x16 CRAU BASF SIGN EXTERIOR MONUMENT SIGNAGE Green Clean Auto Wash, LLC Agenda Item 3 page 10 of 19 Dumpster Enclosure B LIMESTON E CAP.TVP. -QUICK BRIK(MATCH BUILDNGI Y �L n J CEDAR PLANKS ON STEEL FRAME. ~ INSTALL LATCH HARDWARE& (COASTERS�p DOOR WE.PROVIDE STRAP NGGETSYPEERRDDOOR.FRAME LEFT SIDE ELEVATION OF DOORS TO BE 8k3'.IA'STEEL ANGLE NEEDED(1A'NELD MIN)ALL LIMESTONE CAP.TVP. B CORNERS WI]171UA'STEEL ANGLE QUICK BRIK \\\ DIAGONAL CROSS BRACING WELDED (MATCH BUILDING)-, TO STEEL FRAME.WELD TOP AND ` BOTTOM STEEL ANGLE OF FRAME TO STEEL TUBE ATTACHED TO HINGES I-24'.24'aB'DEEP CCNC.FTG. ISW CONCRETE FOOTING - ty ---1 ' WI(2)05 CONTNUOUS. I-i 1 OUP T IA.INSTALL 10 D Ir LONG,METAL I l r ROD GATE LATCH.INSTALL YA'x Ir T��T L k F' NOTE INTO CONCRETE•BOTH '-r� - F I OPEN AND CLOSED POSITIONS TO ] H § RECEIVE LATCH ROD - CONTROL JOINT z.r 7d RIGHT SIDE ELEVATION CEDAR GATE COTJC.FILLED B'DIA BOLLARD DOORS,PAINTED TVP.PAIN TTO MILLARD FSON -------�---------------------• � WILDING.SEE BOLLARD DETAIL OLACK BRM(MATCH BUILDING) GATE STRAP HINGE. (])PER DOOR q(. DOLLARD,LED W T .PANT TO 174' }, , III '.,, MATCH M SIDING WILDING IIIiy IrrROD DIA,Ir LONG METAL FLOOR PLAN µ.11 4'GATE CASTERH i §PROPOSED DUMPSTER ENCLOSURE L--1 L�§ 04.07.2020 _Ir SCALE: 1/4"-r-(r FRONT ELEVATION Green Clean Auto Wash, LLC Agenda Item 3 page 11 of 19 Proposed Vacuums Vacuum Schematic and Elevation • Vacuum assembly shall be in all black .. LIa. H•.�t_— EIE TOOL HOLDER 4. rFWHG CM I I I Green Clean Auto Wash, LLC Agenda Item 3 page 12 of 19 Proposed Stations . D WA" WA4n WA M ,, amDo" wwww / Green Clean Auto Wash, LLC Agenda Item 3 page 13 of 19 Site • • 1" ,ks"-'po kmw� IL I' ' �. � :'.��'-� as"�•a-r s �'- I _ N } f �Y re p Green Clean Auto Wash, LLC Agenda Item 3 page 14 of 19 Site Photos --y��i 9 s' i A. y Green Clean Auto Wash, LLC Agenda Item 3 page 19 Disclosure CITY OF Disclosure VB� BEACH The disclosures contained in this form ore 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. SECTIONDISCLOSURE APPLICANT INFORMATION Applicant Name: as listed on application Green Clean Auto Wash. LLC Is Applicant also the Owner of the subject property? Yes❑No® If no,Property Owner must complete SEC 1ON 22:PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative?Yes*No[:] If yes,name Representative: Williams Mullen-Grady Palmer and Tyler Rosa Is Applicant a corporation,partnership,firm,business,trust or unincorporated business? YesQNo❑ If yes,list the names of all officers, directors,members,or trustees below AND businesses that have o parent-subsidiary 1 or affiliated business entity 2 relationship with the applicant. (Attach list if necessary.) Express Wash Concepts and Green Caean Shore, LLC. (Shawn Everett and Craig Van Bremen) Does the subject property have a proposed or pending purchaser? YesLJNoLC If yes,name proposed or pending purchaser: KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an ofFldal or employee of the City of Virginia Beach have an interest in he subject land or any proposed development contingent on the subject public action? Yes❑No 1 F yes,name the official or employee,and describe the nature of their interest. APPLICANT SERVICES DISCLOSURE REM.,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, 0 ❑ Mid Cap cross-collateralization,etc. Real Estate Broker/Agent/Realtor ❑� ❑ Thalhimer-Wick Smith Disclosure Statement 1 rev. May-2024 page 1 of 3 Green Clean Auto Wash, LLC Agenda Item 3 page 16 of 19 Disclosure Statement SECTION 1:APPLICANT DISCLOSURE continued SERVICE YES NO SERVICE PROVIDER Name entity and or individual Accounting/Tax Return Preparation 0 ❑� Arch ltect/Designer/Landscape ❑ SBA Architects-Kevin Cieszkowski Architect/Land Planner Construction Contractor A ❑ PG Harris-Justin Short ❑ Kimley-Horn-Greg Schmitt and Grace Engineer/Surveyor/Agent ❑� Legal Services ❑� ❑ Eastern Virginia Law Group, LLC-Jerry APPLICANT CERTIFICATION READ.l certify that all irrformotion contained in this Form is complete,true,and accurate.l understand that, upon receipt of notification that the application has been scheduled for public hearing,1 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. Applicant Name(Print) <Wlcant S1 ure Dabe "Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation."See State and Local Government Conflict of interests Act,VA.Code§2.2-3101. z'Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship that exists when(i)one business entity has a controlling ownershfp interest in the other business entity,(fi) a controlling owner in one entity is also a controlling owner in the other entity,or(M)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 same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the some 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§1.1-3101. FOR CITY USE ONLY: No changes as of(date): 2/26/2025 Alexis Bailey 3gw� 2/28/2025 Staff Name(Print) Staff Signature Date Disclosure Statement I rev. May-2024 page 2 of 3 Green Clean Auto Wash, LLC Agenda Item 3 page 17 of 19 Disclosure SECTIONPROPERTY OWNER DISCLOSURE PROPERTY OWNER INFORMATION Property Owner Name: as listed on application &PM T�e— Is the Owner a corporation,partnership,firm,business,trust,or unincorporated business?Yesi(�No© if yes,list the names of all officers,directors,members,or trustees below AND businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the applicant. Attach list if necessar _ Does the subject property have a proposed or pending purchaser? Yes C) 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? Yes© No& 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.AAttach list if necessary.) SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual) Financing(mortgage,deeds of trust, © g cross-coilateralization,etc.) Real Estate Broker/Agent/Realtor Accountin "ax Return Preparation Architect/Designer/Landscape Architect/Land Planner Construction Contractor 0 Engineer/Surveyor/Agent 0 Legal Services PROPERTY OWNER CERTIFICATION READ:i certify that fill 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 responsibie 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 c mittee in connIctigA with this application. Property Owner Name(Print) roperty ner signature liate Disclosure Statement I rev. M a y-2024 page 3 of 3 Green Clean Auto Wash, LLC Agenda Item 3 page 18 of 19 Next Steps • Upon receiving a recommendation from Planning Commission, this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision, the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center (DSC) to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-5692. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Green Clean Auto Wash, LLC Agenda Item 3 page 19 of 19 Virginia Beach Planning Commission February 12, 2025 Public Meeting Item #3 Green Clean Auto Wash, LLC Recommendation: RECOMMENDED FOR APPROVAL Discussion Madam Clerk: Our next item is item 43 Green Clean Auto Wash, LLC. Mr. Palmer: Good afternoon Chair Cuellar, members of the commission, and city staff. My name is Grady Palmer. My business address is 999 Waterside Drive in the City of Norfolk. It's a real pleasure to be here again. I think this is our third time being at the planning commission for Green Clean. It is an expanding business. We are working on sites in Newport News, sites in Suffolk, sites in Chesapeake, and it is very much a growth market in Hampton Roads for Green Clean, and Virginia Beach is a critical component of that market, and you know one of the things that Green Clean does a very good job at is expanding its business into places where businesses have closed, and that's, we've seen that in all four locations. They have four locations in Virginia Beach. All four of those locations were businesses that were vacant. Some more longer vacancies than others. But in all of those situations, Green Clean has done a fabulous job redesigning, redeveloping,and revitalizing these sites. So one of the things that happened,actually it happened after the planning commission meeting, but the owner of Bayside Shopping Center, where the Green Clean location on Shore Drive at Pleasure House, wrote a letter of support to city council based on how good of a neighbor that Green Clean*had become to them. I thought that was really important and powerful to have somebody who was in a completely different district. You know, the Green Clean Highland was in District 10. They wrote a letter of support based on the experience with Green Clean. I think if you can approve or see fit to approve this application that's before you today, I recommend approval to city council, you'll see the same thing. It's currently, it is a vacant sonic site. I think many of you went on the tour on Thursday. It's actually, in my view, a little distressed and tired looking. I think the building just to the south, I think, is a restaurant that's vacant. So, you know, we're seeing vacancies all over not only Virginia Beach, but Hampton Roads. I think this is a good alternative to either a vacant building or what's likely to happen,or maybe just as likely to happen, is another restaurant drive-through comes in,and one of the things that's important to point out in your staff report is that what's proposed is a significant amount of reduction of traffic. I know traffic is a problem on independence. It's a problem everywhere. And so, you know, if a fast food restaurant drive-through were to come in and take over without having to come to planning commission or city council,you know,that's about 1700 trips per day,this proposal would reduce that by two-thirds to 500 average daily trips. So,that's a significant reduction in traffic generation for independence. So,there are, I think that's probably the major benefit to approving this project there tonight. You can see the sonic there,a very,very tired, I think, borderline distressed property. So, I think this is a good fit. I know a lot of the problems that we're having with staff, not with staff, we don't have problems with staff, but with the commercial area pattern book, and I know we'll probably have some discussion about that. But, you know, we certainly understand what the goals of the commercial area pattern book are trying to achieve. But,I mean,having this site remain like that for an indefinite period,I just don't think that's right for the citizens of Virginia Beach in this district. So, I think with this proposal, you get enhanced aesthetics,you get employment. There you can see the elevations that are being proposed. All of these will be conditioned in the conditional use permit. So,what you see is what you'll get. I think Green Clean's track record so far is a testament to what they do, and they will do exactly what is being shown there on the screen. Yeah, and I think we talked about this some last time in December. You know, there's a lot of benefits to taking a site like this site that's currently B2, has a lot of permitted uses on it, and converting it to a site that has control through the conditional use permit. So,you're getting enhanced landscaping. There you can see the aerial site plan. Enhanced landscaping, enhanced aesthetics, building aesthetics. You know, all those things that you're not likely to get with a buy right use. We've seen that time and time again where, you know, particularly these out parcels, tenants come and go. Oftentimes, there's not major upgrades like you're seeing there, and that if you approve this would be conditioned through the conditional use permit. So,there's a lot of benefits,we believe,to converting from a buy right use to a conditional use permit. Certainly,understand the concern about auto-oriented,but I think this site's going to be auto-oriented no matter what. Whether it stays or becomes a new restaurant with a drive-through,whether it's green clean, it's going to be an auto-oriented use. So,my view is this is a much better outcome for the shopping center for Haygood across the street to see these buildings come back to life. So,when you do that,you increase activity for shopping centers, for residents. This is an important service,you know,that residents need and green clean provides. I do want to just talk a few minutes to address community outreach. I know that's important to Commissioner Hippen and to this commission. So, when I when I look at these sites, I look at, you know, who are my immediate neighbors, and I sort of try to make a judgment about what's appropriate. In this case, I reached out to the ownership of the Lytle property. I reached out to the ownership of the Haygood shopping center to get their feedback on it. I got no, no one expressed any concerns about this at all. I think this is certainly something that's right in line with what people expect to see on independence. There's already a car wash just to the north. That's right, there's two now, or there will,maybe there's two. But I think people already see car washes in the corridor, and it's expected. So, you know, when I judge what's appropriate for community outreach,I sort of look at things like that. In this case,it may not be perfect,may not even be right, but that's, you know, that's, I judge that that community outreach was sort of the right balance to reach out to our immediate, immediate neighbors to Haygood and to the Lytle. And so, yeah, that's,that's what we did on community outreach. Certainly can,you know, feel criticism or input on that. But I think this is,this is the right, in my view,this is the right fit for this site. Certainly, we've seen redevelopment here,the,you know,forever. It was the Haygood medical offices. That was torn down. This is now a Lytle. So it'll be many, many, many years before that redevelops, and so we think from,from today until whenever that happens,we think this is the right fit for this site,and in this corridor in particular. So with that,I'll stand by for any questions that you have of me, and I do ask for your approval. Thank you. Ms. Cuellar: Thank you very much. Any questions from the commissioners? Commissioner Plumlee? Mr.Plumlee: So, is there redevelopment going on at this location? Mr. Palmer: So this particular location actually has been redeveloped at least once. It used to be a bank,I think 20 years ago. That bank was torn down. Then I think the Sonic came in next. That Sonic was, was there for about 20 years, and now the Sonic's gone, gone vacant. I think maybe sometime last year it went vacant. Then if you look to the top of the screen, it doesn't come into view there, but that used to be Haygood medical offices. It's a pretty big medical office building. That was mostly demolished and then replaced with the Lytle, two years ago, and then there is a little dock in a box there as well on a separate parcel. So,there, so there's been redevelopment in the shopping center. Mr. Plumlee: This is a six lane road. I rack my brain trying to think of what pedestrian oriented business we would invite to that location. Have you thought about that? Mr. Palmer: Well, I mean, I have. I mean, I really worry about and really think about maybe there comes a time when it becomes the goal, right? The goal is pedestrian friendly, pedestrian oriented design. I think that's a worthy goal to achieve, but what happens in the interim? And to me,that's the,you know,it's,I mean,this is just a guess,but I think you're looking at least 20 years before the site redevelop. So, I really think about what, what happens from now until then, and maybe the site redevelops, maybe it doesn't, maybe it stays what it is, but I think in the interim, that's really my concern and my focus is how,how can this site benefit the city and benefit residents of this district? I think this does it. I think it's fine to plan for the future and to plan, you know, 25 to 30 years down the road, but I think you got to really worry about the interim. Mr. Plumlee: Going through the drive through and looking at it, I mean, the building's been boarded up in certain locations. Mr. Palmer: Correct. Mr. Plumlee: What kind of general improvement to the appearance can your client make to the site? Mr.Palmer: Well,if you can switch back to the elevation. So,we'll,we would take the site as it currently, situated with a distressed sonic building and we will convert it into that. So, I think if you can, if you can flip back to the photos of the existing conditions, I mean, I think if you, if you look from what is today,from what we're proposing, I think that's a dramatic improvement. Mr. Plumlee: Thank you very much. Ms. Hippen: So, you answered the question about outreach. You were waiting for me, I know. So, I did see what you guys did at Providence and Kempsville, where you took the old Hardee's that was there, and you converted it. Okay. And, and it looks nice to me. I think that this, and, you know, I've had varying opinions, and of course,you know, I express my opinion when I have one. I think talking through our informal session, looking at what you did at Providence and Kempsville,and I know I'm supposed to only look at what's here. I think that you can do something good here. Is it a walking thing? You know, it is a tossup. Okay. It is a tossup. But I see you put bike racks and seating there. So, I think you guys are reaching out and trying. So, I don't, I think you did good at Providence, and Kempsville, and I think that's a model for this one. Mr. Palmer: Yes. On behalf of Green Clean,thank you. Appreciate it. Appreciate that. Mr. Coston: Well, I'm going to go ahead and make the motion. So I'll make a motion that we approve this application. Ms. Hippen: I will second that. Ms. Cuellar: Is there any further discussion? I have to ask if there are any commissioners abstaining? Mr. Mauch: I do want to have further discussion, and it's not to talk for or against this, but it's just to give my thought process on how I came to my decision of this,which will be to support it. It's simply because city council and the public doesn't get to see our informal session, where we did have a robust discussion, you know, the commercial area pattern book has, really put us in kind of this area right now where, you know, it sits over top of these areas, and city staff gets to give us a recommendation for approval or denial. Sometimes it hits this grey area,and you know, the previous application I had not given my support to it,but this one,where it's in a Sonic,a drive- through,it has,all the elements that it could continue to have. You know,just by the next business coming in, doing the exact same thing. If we're looking to make it less auto-centric, I mean,this cuts down on the amount of trips per day through that area. So, I don't know if that commercial area pattern book necessarily can be used exactly the same on every property. With that commercial area pattern book, it looks for redevelopment in a certain area. Well,we do have that shopping center, or, well, what is it, the Lytle or Aldi, whichever one that's basically brand new there. So, when we're looking for redevelopment, I feel like this area has already started that redevelopment process. Then to bring in another fast food that would not have to come in front of this body, or in front of a city council for approval. It can, they, they can just go in, and do it. I see that this is a better option,and somebody's coming in,and I do know that there's another vacant property right next to it. So, hopefully this will help continue just for a reinvestment in that area and help the, surrounding businesses and communities to fit their needs. So, I will be in support of it. Ms. Cuellar: Thank you very much. Any further discussion? We have a motion on the table. Commissioner Costin moved. Seconded by Ms. Hippen. Thank you. Just for confirmation, are any commissioners abstaining? Madam Clerk: The vote is open. By recorded vote of 9 to 0, item #3, Green Clean Auto Wash, LLC has been recommended for approval. Vote Tall Commission Member AYE 9 NAY ABS ABSENT 1 Alcaraz X Anderson X B ler X Cromwell X Coston X Cuellar X Hi en X Mauch X Parks X Plumlee X Conditions/Proffers 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 1/[strikethrough]34[end strikethrough]27 2025,which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning & Community Development. 2. The structure will be constructed in substantial conformance with the submitted elevation entitled "Green Clean Express Auto Wash-1014 Independence Boulevard, Virginia Beach, VA" prepared by SBA Studios, which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning & Community Development. 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 "Vacuum Schematic and Elevation" 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 is 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. A fire hydrant is required to be located within 400 feet of the commercial structure. 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. \ B2 B2 O B2 6�2 ,moo B2 ' \ ., e R10 R-10 B2 B2 R-10 O.2 R10 0 02 2� 02 0 � N ® Site W E Property Polygons Shaina Hartless , s . 4708 Tulip Drive, Suite 102 Zoning Building Feet 0 1530 60 90 120 150 180 HweE,,ry iU si rp J CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: SHAINA HARTLESS [Applicant] GREG J. ROGERS [Property Owner] Conditional Use Permit (Assembly Use) for the property located at 4708 Tulip Drive, Suite 102 (GPIN 1479235179). COUNCIL DISTRICT 9 (Schulman) MEETING DATE: March 18, 2025 ■ Background: The applicant is seeking a Conditional Use Permit for an Assembly Use to operate an event venue within a 1,700 square foot suite. The applicant is currently converting the existing building into eight suites, two of which are unleased and the other 6 consist of a barber shop, office space, two photography studios,jewelry store, and the proposed assembly use. None of the businesses are currently operating as the interior of the building is being renovated. A total of 29 parking spaces are required to accommodate all the proposed uses; however, only 15 spaces are provided on site. To address the shortage, the applicant submitted a Shared Parking Agreement with two neighboring businesses, both of which are owned by the same property owner as the subject site. The Zoning Administrator approved the Shared Parking Agreement with limited hours of operation to ensure peak hours for the assembly use would not overlap with peak hours of the other uses on the site. ■ Considerations: This use is consistent with the Comprehensive Plan's recommendations for the Suburban Area and is a complementary use that will serve the surrounding neighborhoods and businesses. Development within the Suburban Area focuses on creating great neighborhoods by sustaining and stabilizing existing neighborhoods with non-residential uses. To minimize the impacts on the other businesses that will operate in this building, the Zoning Administrator conditioned the approval of the Shared Parking Agreement to limit full-occupancy events, defined as those with more than 50 guests, to the hours of 5:00 p.m. to 11:00 p.m., Monday through Friday, and 9:00 a.m. to 11:00 p.m. on Saturday and Sunday. A Shared Parking Agreement has been reviewed and approved by the Zoning Administrator. Furthermore, the Planning Commission added an additional condition to require an administrative review of and approval of the CUP by the Planning Director every 5 years. 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. Shaina Hartless Page 2 of 3 ■ Recommendation: On February 12, 2025, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 9-0. 1. A business license for the Assembly Use shall not be issued to the applicant without the approval of the Health Department to ensure consistency with the provision of Chapter 23 of the City Code. 2. 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. 3. The maximum occupancy load shall not exceed the maximum number as required by applicable building codes, noted on the Certificate of Occupancy, and posted by the Fire Marshal. 4. The Assembly Use shall comply with all applicable Fire and Building code requirements. 5. 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. 6. All event activities shall occur within the building. Outdoor events shall be prohibited unless specifically permitted with a Special Event Permit. 7. No amplification of music or use of speakers shall be permitted except within the enclosed building. 8. Hours of operation for full occupancy events shall be limited to 5:00 p.m. to 11:00 p.m., Monday through Friday, and 9:00 a.m. to 11:00 p.m. on Saturday and Sunday. Monday through Friday, when the other suites are open for business, events will be limited to 50 people, or as determined by the Fire Marshal, whichever is less. 9. This Conditional Use Permit for an Assembly Use for property located at 4708 Tulip Drive, Suite 102 shall obtain administrative approval from the Planning Director after five (5) years from the date of City Council approval to ensure compliance with the Parking Study that was approved by the Zoning Administrator on January 22, 2025. Shaina Hartless Page 3 of 3 ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Parking Study Shared Parking Agreement Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: Agrenda Applicant: • ••- RogersVB ' • • ' • -• 1 CouncilCity 1 • Project Details Request Conditional Use Permit (Assembly Use) ew w f i 7 HORt�MptON Staff Recommendation 0 Approval $ W gHELL RU y Staff Planner Alexis Bailey R W OP � Location oP" 4708Tulip Drive, Suite 102 GP/N 1479235179 Site Size 13,318 square feet A/CUZ / �( Less than 65 dB DNL Watershed Chesapeake Bay Existing Land Use and Zoning District Former auto repair establishment/B-2 Community 's` Business wd �" °F ' e Surrounding Land Uses and Zoning Districts North t 1 SO Retail / B-2 Community Business �, e South4 Tulip Drive ; Retail / B-2 Community Business ° East Eating and drinking establishment/ B-2 Community Business West Mailing service/ B-2 Community Business Shaina Hartless Agenda Item 6 page 1 of 23 Background SummaryofProposal • The applicant is proposing to operate an event rental business within a 1,700-square-foot unit in the existing 5,000-square-foot 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 gatherings, to include, wedding receptions, birthday parties, baby showers, and other events. • The 5,000-square-foot building was constructed in 1979 and a Safelite AutoGlass operated on the site until 2024 when the business relocated.The applicant is seeking to convert the existing building into eight suites, two of which are empty, and the other six consist of a barbershop, office space, two photography studios,jewelry store, and the proposed assembly use. None of the businesses are currently operating as the interior of the site is being renovated. • No kitchen facilities for on-site food preparation will be provided. • Per Section 203 of the Zoning Ordinance, the Assembly Use requires one space per one hundred (100) square feet of floor area or at least one space per five (5) fixed seats, whichever is greater.This equates to 17 required parking spaces for the assembly use. The other suites will require the following: o Barbershop—4 spaces o Office space— 1 space o Two Photography studios—3 spaces o Jewelry store— 1 space o Vacant units—3 spaces • A total of 29 spaces are required for the site as a whole; however, only 15 spaces can be provided. Section 203(b) of the Zoning Ordinance allows for a reduction in required parking upon the approval of a parking study outlining a shared parking agreement between parcels located within 500 feet of one another. The applicant has submitted a Shared Parking Agreement with two neighboring businesses to share parking spaces. 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 site. • The proposed hours of operation for full occupancy events are 5:00 p.m. to 11:00 p.m., Monday through Friday, and 9:00 a.m. to 11:00 p.m. on Saturday and Sunday. During the hours of 9:00 a.m. to 5:00 p.m., Monday through Friday when the other suites are open for business, events will be limited to those hosting 50 people or less as determined by the Fire Marshal. The hours of operation are included in Condition 8 below. Shaina Hartless Agenda Item 6 page 2 of 23 • The site's parking lot will be restriped, and two metal storage structures will be removed from the rear of the site to accommodate additional parking. There will be no significant modifications to the exterior of the building. The existing box sign above the entrance and the freestanding sign will remain; however, both will be refaced to display the logo of the establishment, as shown on page 10 of this report. Zoning History # Request 1 CUP (Tattoo Parlor)Approved 02/20/2024 2 CUP (Mini-Storage) Approved 04/19/2022 6 3 CUP (Automobile Repair Garage) Approved 3 �` \ 03/01/2022 4 CUP (Church) Approved 03/11/2008 CUP (Church) Approved 10/02/2001oA CUP (Motor Vehicle Sales) Approved 01/04/2005 8 5 CRZ (R-7.5 to Conditional B-2) Approved — �`�� B=\_v 01/04/2005 r CUP (Motor Vehicle Sales) Approved 04/10/1996 02 02 6 CUP (Car Wash with Office/Equipment Building) ��� '�� R10 v�10 Approved 03/23/1999 7 CUP (Car Wash) Approved 09/24/1996 8 CUP (Automotive Repair Facility) Approved 06/13/1995 Applica don Types CUP: Conditional Use Permit MDP: Modification of Proffers SVR:Subdivision Variance REZ: Rezoning NON: Nonconforming Use LUP: Land Use Plan CRZ: Conditional Rezoning STC:Street Closure STR:Short Term Rental MDC: Modification of FVR: Floodplain Variance Conditions ALT Alternative Compliance Evaluation • • . • The proposed Conditional Use Permit for an Assembly use is, in Staff's opinion, acceptable. The use is consistent with the Comprehensive Plan's recommendations for the Suburban Area and is a complementary use that will serve the surrounding neighborhoods and businesses. Development within the Suburban Area focuses on creating great neighborhoods by sustaining and stabilizing existing neighborhoods with non- residential uses.The site's location is surrounded by both commercial and residential uses,from which the applicant hopes to draw clients. As previously mentioned, parking for the site is deficient by 14 spaces. The parking study submitted by the applicant has been reviewed and approved by the Zoning Administrator to allow for shared parking with Shaina Hartless Agenda Item 6 page 3 of 23 adjacent parcels. As a condition of that approval, the hours of operation for the Assembly Use are required to be staggered as detailed in Condition 8 to help ensure adequate parking for the entire site during peak hours. The applicant is agreeable to adjusting the hours of the use to operate during times when the majority of the businesses within the building are closed to better accommodate parking for the site. Additionally, the Zoning Administrator has agreed to allow for smaller occupancy events to take place during the peak hours. Furthermore, the applicant has obtained a shared parking agreement with two neighboring businesses to provide access to an additional 47 parking spaces, as needed. Based on this, Staff recommends approval of this application, subject to the conditions listed below. Recommended Conditions 1. A business license for the Assembly Use shall not be issued to the applicant without the approval of the Health Department to ensure consistency with the provision of Chapter 23 of the City Code. 2. The applicant shall obtain all necessary permits and inspections from the 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. 3. The maximum occupancy load shall not exceed the maximum number as required by applicable building codes, noted on the Certificate of Occupancy, and posted by the Fire Marshal. 4. The Assembly Use shall comply with all applicable Fire and Building code requirements. 5. 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. 6. All event activities shall occur within the building. Outdoor events shall be prohibited unless specifically permitted with a Special Event Permit. 7. No amplification of music or use of speakers shall be permitted except within the enclosed building. 8. Hours of operation for full occupancy events shall be limited to 5:00 p.m. to 11:00 p.m., Monday through Friday, and 9:00 a.m. to 11:00 p.m. on Saturday and Sunday. Monday through Friday, when the other suites are open for business, events will be limited to 50 people, or as determined by the Fire Marshal, whichever is less. 9. This Conditional Use Permit for an Assembly Use for property located at 4708 Tulip Drive, Suite 102 shall obtain administrative approval from the Planning Director after five (5) years from the date of City Council approval to ensure compliance with the Parking Study that was approved by the Zoning Administrator on January 22, 2025. Shaina Hartless Agenda Item 6 page 4 of 23 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 Information This project falls within the Suburban Area. A primary guiding principle for the Suburban Area is to create "Great Neighborhoods", and to support those neighborhoods with complementary non-residential uses that are working towards sustainability and stability (p. 1-60, Comp Plan Policy Document). In the Suburban Area, there is an emphasis that the residential component must be balanced by an emphasis on the commercial component. It is vital, therefore, that we encourage the renewal of such centers with regard to both design and the products and services provided to the neighborhoods where they are located" (p. 1-63, Comp Plan Policy Document). The Reference Handbook has guidance for design and development of this property with applicable principles listed under the Suburban Area —Special Area Development Guidelines. Pages B-5 to B-11 hold Suburban Area design principles and "should be implemented, as appropriate, to improve the quality of our physical environment" (p. B-5). ResourcesNatural & Cultural • The site is located in the Chesapeake Bay watershed and there are no known historic or cultural resources that will be affected by this project. Traffic Impacts/Transportation Traffic Counts Street Name Present Volume Present Capacity Generated Traffic Existing Land Use Z--51 ADT Proposed Land Use 3—There is no Tulip Drive No Data Available No Data Available trip generation information available for event facility use. Trip generation will vary based on event type and size. Shaina Hartless Agenda Item 6 page 5 of 23 1 Average Daily Trips 'As defined by an 'As defined by a 'LOS = Level of 3,310 SF Auto Repair 1,700 SF Assembly Service establishment Use Master Transportation Plan(MTP)and CapitalImprovement Program(CIP) Tulip Drive in the vicinity of this application is considered a two-lane undivided local street. There is a roadway Capital Improvement Program project slated for this area, the Independence Blvd/Pleasure House Rd Intersection Improvement project.This project will convert the existing signalized intersection at Independence Blvd and Pleasure House Rd to a Continuous Green-T innovative intersection type. Improvements also include installing a median break approximately 650-feet to the north of the intersection for U-turn movements. Additionally, the unsignalized full movement intersection of Independence Blvd/Tulip Dr will be reconfigured to a left-in/right-in/right-out intersection (i.e. no left out).This project is expected to begin construction in 2029 and be completed in 2030. Active Transportation Plan There are no improvements or recommendations in the Active Transportation Plan applicable to the subject site. Public Utility Impacts Water There is an existing six (6) inch city water main along Tulip Drive. Sewer There is an existing eight (8) inch city sanitary sewer gravity main along Tulip Drive. Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on January 13, 2025. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, January 29, 2025 and February 5, 2025. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on January 27, 2025. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of virginiabeach.gov/pc on February 6, 2025. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, March 4, 2025 and March 11, 2025. Shaina Hartless Agenda Item 6 page 6 of 23 • 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 March 3, 2025. • 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 March 14, 2025. Shaina Hartless Agenda Item 6 page 7 of 23 Site Layout nr me .'Mmy Nor I w MAY 23, 19% Mim Rc PRwarr saw ,WjL U Mf j w tlOar NNW KR X"WwAw�Aw M a�F OMIT ftamm w w/IIOPI m vl r Af i10111..pp bam ll u��I I Tx qv 39 An=l 4 0e w. U)Il ♦_ *� 35 a� -58 37 �. 1 1 G t { �;r ¢Gi'tTW eaclo — ��„p TL/L/P LiP/YE cF". -,a ('weer mnoww AW4) cv�• vlw. MMICAL SnRYEY or LOT 37. BWOAD PAR!( Vllt61lgA BEACH, VIROIN1A I'CR WILLIAM HM 6 MARY AM!NJIDA n rQc Af lFOI d!K RO Raftow M R' LF.�' S. ROOD, P.C. M M AIYQII•A�AO p r11 N t Lead Aw"PM s))J lGR1If sllPttr aw� ct� .a NOR►TiU rcRnwu tcsoa awamN' • •y+�+rw. ►A. 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Fir � ;;` _ f - 4 Site Photos ML '7 Shaina Hartless Agenda Item 6 page 18 of 23 Site • • Shaina Hartless Agenda Item 6 page 19 of 23 Disclosure CITY OFDisclosure VIRGINIA BEACH Statement The disclosures contained in this form are necessary to inform public officials who moy vote on the application as to whether they have a conflict of interest under Virginia low. 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. SECTIONDISCLOSURE APPLICANT INFORMATION Applicant Name: as listed on opplication Shaina F. Hartless Is Applicant also the Owner of the subject property? Yeso No0 if no, Property Owner must complete SECTION 1:PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative?YesO No(�) If yes,name Representative: Is Applicant a corporation,partnership,firm,business,trust or unincorporated business? YesONoo if yes,list the names of ail officers,directors,members,or trustees below AND businesses that have a parent-subsidiary J or affiliated business entity-relationship with the applicant.(Attach list if necessary.) Hartwood Deisgn,LLC — � Shaina Hartless-Owner Does the subject property have a proposed or pending purchaser? Yeso 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 No0 /f 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 O cross-collateralization,etc.) Real Estate Broker/Agent/Realtor Q e Disclosure Statement I rev. M a y-2024 page 1 of 3 Shaina Hartless Agenda Item 6 page 20 of 23 Disclosure SECTIONAPPLICANT DISCLOSURE -. SERVICE YES NO SERVICE PROVIDER -_____7 Name entity and/or individual Accounting/Tax Return Preparation 0 Architect/Designer/Landscape 0 O Architect/Land Planner Construction Contractor 0 0 Engineer/Surveyor/Agent 0 Legal Services _F_0 T�) , 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. Shaina Hartless L,w 10/01/2024 Applicant Name(Print) Applicant Signature Date "Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation."See State and Local Government Conflict of Interests Act, VA.Code§2.2-3101. 1"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship, that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii) a controlling owner in one entity is also o 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 some offices or employees or otherwise shore activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities."See State and total Government Conflict of Interests Act, Va.Code§2.2-3101. FOR CITY USE ONLY: No changes as of(date): 2/25/2025__-- Alexis Bailey X -_ _ _2/28/2025 Staff Narne(Print) taff Signature Date Disclosure Statement I rev. M a y 2024 page 2 of 3 Shaina Hartless Agenda Item 6 page 21 of 23 Disclosure SECTIONPROPERTY OWNER DISCLOSURE PROPERTY OWNER INFORMATION Property Owner Name: as ii Wd un upplvolion Greg Is the Owner a corporation,partnership,firm,business,trust,or unincorporated business? YesiONoo- ►f yes,list the names of all officers,directors,members,or trustees below AND businesses that have a parent-subsidiary'or affiliated business entity 2 relationship with the applicant.(Attach list if necessary.) Does the subject property have a proposed or pending purchaser? Yeso No(�— !f 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 No(3 !F 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 _ jName entity and/or individual) _ Financing(mortgage,deeds of trust, 0 cross-collateralization,etc.)Real Estate Broker/ /r— ent/Realtor 0 V Accounting/Tax Return Preparation 0 Architect/Designer/Landscape 0 Architect/Land Planner Construction Contractor 0 En sneer/Surveyor/Agent 0 0 Legal Services 0 a 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. � r Property Owner Name(Print) Property Ownerlg—n ture pate Disclosure Statement I rev. May-2024 page 3 of 3 Shaina Hartless Agenda Item 6 page 22 of 23 • 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. Shaina Hartless Agenda Item 6 page 23 of 23 Virginia Beach Planning Commission February 12, 2025 Public Meeting Item #6 Shaina Hartless Recommendation: RECOMMENDED FOR APPROVAL Discussion Mr. Coston: Thank you. Next item on the consent agenda is Shaina Hartless, property owner conditional use permit for an assembly use. Welcome,please speak your name for the record. Ms. Hartless: I'm Shaina Hartless. Mr. Coston: Are the conditions acceptable? Ms. Hartless: Yes. Mr.Coston: Thank you. You may be seated. We've asked Commissioner Parks to read this item into the record. Mr. Parks: Thank you. The applicant seeks to seeks a conditional use permit to operate a 1700 square foot event space in an existing 5000 square foot building at 4708 Tulip Drive, Suite 102. The event space will be used to house functions such as baby showers, birthday parties, and wedding receptions,and any other event. The hours of operations will be 5 p.m.to 11 p.m.Monday through Friday, 9 a.m. to 11 p.m. on Saturday and Sunday. There will be additional businesses operating in that same suite, and when those businesses are operating from 9 to 5 p.m. guests will be limited to a maximum of 50 people or whatever number is finalized by the fire marshal. Hearing no objections and having a favorable recommendation from staff,we have decided to place this on the consent agenda with a condition that this use to be renewed at five years. Mr. Coston: Madam Chair, that was the last item on the consent agenda. The Planning Commission places the following applications on the consent agenda. Items 5, 6, 7, 8, 9, 10, and 11. Ms. Cuellar: Thank you very much, Vice-Chair. Do I have a motion to approve by consent as read by the Vice-Chair? Mr. Coston: So moved. Mr. Parks: One clarification on Item #6, the modification, it should be approved with a modification to clarify that there will be an administrative review of the conditional use permit after five years. Ms. Cuellar: Thank you very much for that clarification. I have a motion by Commissioner Coston. Is there a second? Mr.Parks: Second. Ms. Cuellar: Second by Commissioner Parks. Are there any planning commissioners abstaining on any of these items on the consent agenda? Okay. Hearing none. Mr. Cromwell: I will abstain from item #5. Ms. Cuellar: Thank you very much. Mr. Coston: I'm abstaining from item#4. It's a voluntary abstaining because I do not receive any remuneration that I am allowed to vote, but I have chosen to avoid the appearance of any impropriety by abstaining. Thank you. Ms. Cuellar: Thank you, Commissioner Coston. Item#4 is not on the consent agenda. We'll get to that because we just had a recent change. So, thank you for bringing that to our attention, and then we'll go over that again. We have one abstention from Commissioner Cromwell. Are there any other commissioners abstaining on the consent agenda? Madam Clerk: The vote is open. By a recorded vote of 9 to 0, with one abstention on item #5 from Commissioner Cromwell, Items #5, 6, 7, 8, 9, 10, and l l have been recommended for approval by consent. Ms. Cuellar: Thank you very much. If you had an application that was on the consent agenda, your request will now be scheduled for an upcoming City Council meeting. Staff will contact you about the date. For those applicants on the consent agenda, thank you for your participation. You may remain at the meeting, either virtually or in person, or you're free to leave. Our next order of business is the regular agenda. Madam Clerk, we're ready for the first item. Vote Tall AYE 9 NAY 0 ABS 0 ABSENT 1 Alcaraz X Anderson X B ler X Cromwell X Coston X Cuellar X Hi en X Mauch X Parks X Plumlee X Conditions/Proffers 1. A business license for the Assembly Use shall not be issued to the applicant without the approval of the Health Department to ensure consistency with the provision of Chapter 23 of the City Code. 2. The applicant shall obtain all necessary permits and inspections from the 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. 3. The maximum occupancy load shall not exceed the maximum number as required by applicable building codes, noted on the Certificate of Occupancy, and posted by the Fire Marshal. 4. The Assembly Use shall comply with all applicable Fire and Building code requirements. 5. 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. 6. All event activities shall occur within the building. Outdoor events shall be prohibited unless specifically permitted with a Special Event Permit. 7. No amplification of music or use of speakers shall be permitted except within the enclosed building. 8. Hours of operation for full occupancy events shall be limited to 5:00 p.m. to 11:00 p.m., Monday through Friday, and 9:00 a.m. to 11:00 p.m. on Saturday and Sunday. Monday through Friday, when the other suites are open for business, events will be limited to 50 people, or as determined by the Fire Marshal, whichever is less. 9. This Conditional Use Permit for an Assembly Use for property located at 4708 Tulip Drive, Suite 102 shall obtain administrative approval from the Planning Director after five (5) years from the date of City Council approval to ensure compliance with the Parking Study that was approved by the Zoning Administrator on January 22, 2025. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. CITY OF PLANNING gyp' a ZONING DEPARTMENT VIRGINIA �£' t glanning.virginiabeach.gov —`� BEACH 2875 Sabre Street Suite#500 Virginia Beach,VA 23452-7365 January 23, 2025 Shaina Hartless shaina _hartwooddesign.com Re: Parking Reduction Request-4708 Tulip Drive Ms. Hartless: Section 203(b) of the Zoning Ordinance allows for a reduction in required parking on a site upon the approval of a parking study providing a shared parking agreement between parcels located within 500 feet on one another. I have reviewed the shared parking agreement you submitted between the parcels located at 4708 Tulip Drive (GPIN: 14792351790000), 1622 Independence Boulevard (GPIN: 14792362650000), and 1637 Independence Boulevard (GPIN: 14792353080000) and have approved the agreement. Details of the considerations of my approval are shown below. • The subject property at 4708 Tulip Drive was previously a Safelite auto repair service. An application has been submitted for a Conditional Use Permit for an assembly use on the property. The application states that the building will include a space for assembly and seven small units containing a barber shop, photography studio,jewelry establishment, offices, and other personal service type uses. • The parking requirement for the site per Section 203 of the zoning ordinance is 29 spaces. The specific calculations are shown below. o Assembly use = 17 spaces o Barber shop = 4 spaces o Two photography studios = 3 spaces o Jewelry Store = 1 space o Office space = 1 space o Vacant units = 3 spaces o It is my understanding that you are leasing the subject building and control the subleases for the proposed smaller units. • The submitted site layout shows 15 spaces located on 4708 Tulip Drive. This is subject to the lot being repaved, restriped, and the removal of certain accessory structures on the site. • The deficit of 14 spaces will be accommodated on two adjacent parcels. All three parcels are owned by the same person. o The first parcel is directly to the north of the subject site and is occupied by a take-out pizza establishment. This use requires 15 spaces and there is sufficient space to accommodate approximately 25 spaces. A parking agreement has been submitted to use eight spaces adjacent to the subject site. Additionally, the pizza restaurant is primarily 757-385-8548 1 KPKemp@vbgov.com planning.virginiabeach.gov take-out and typically only uses a few spaces at any one time. Historically, the subject property (Safelite) has used a shared parking agreement and no issues have arisen. o The second parcel contains the Brickin Bad retail shop and Bayside Artesian Shops. There are approximately 35 spaces on the site. A parking agreement has been submitted that allows for use of 20 spaces. There is a pedestrian connection between the site and the subject parcel. • The proposed conditions of the Conditional Use Permit identify the hours of operation of the assembly use on the site. These hours specify that peak usage of the sites will stagger. • It is understood that street parking in the adjacent residential neighborhood shall not be used to accommodate any of the uses on the subject site. This letter shall serve as a formal approval of the submitted shared parking agreement. According to Section 203 (b)(10), a shared parking agreement must be continually maintained, and a copy kept on file with the Zoning Administrator. Please notify the Zoning Administrator if there is a new and/or updated parking agreement or if the agreement changes. Sincerely, Kevin Kemp Zoning Administrator Cc: Alexis Baily, Planner 2875 Sabre Street, Suite #500, Virginia Beach, Virginia 23452-7365 Subject: Shared Parking Agreement This letter serves as an agreement between Greg Rogers, owner of The Bayside Artisan Shoppes located at 1637 Independence Blvd Ste K Virginia Beach,VA 23455 (the "Property Owner"), and Anthony and Shaina Hartless, owners of The Void, located at 4708 Tulip Drive, Virginia Beach.VA 23455 (the "Tenant"),regarding the shared use of parking spaces for the operation of The Void. The Bayside Artisan Shoppes property includes a total of 30 parking spaces and operates during the hours of 10:00 AM to 5:00 PM.Additionally,the property located at 1621 Independence Blvd (Marco's Pizza)has 17 parking spaces and operates from 11:00 AM to 11:00 PM as a carry- out only restaurant. The Property Owner agrees to allow customers and patrons of The Void to use the additional parking spaces at these properties when necessary, as described below. The Void's peak hours for the event(assembly)space will be 6pm-11 pm. Terms of the Agreement 1. Shared Parking Usage: The Void will have access to the parking spaces at The Bayside Artisan Shoppes and Marco's Pizza during their business hours, with the understanding that this arrangement will not interfere with the operations of the existing businesses. 2. Walkway Access: The Void will provide a designated walkway from the back of its property at 4708 Tulip Drive to The Bayside Artisan Shoppes property to facilitate easy pedestrian access between the locations. 3. Coordination of Use: •The Void will ensure that its use of the parking spaces does not disrupt the business activities of The Bayside Artisan Shoppes(10:00 AM—5:00 PM) or Marco's Pizza (11:00 AM— 11:00 PM). • The Void's customers may utilize parking spaces during business hours as needed. 4. City of Virginia Beach Submission: This agreement is intended to comply with the City of Virginia Beach's parking requirements and will be submitted as part of The Void's permit application. Acceptance parking arrangement: By signing below,both parties agree to the terms of this shared p g Property Owner: Greg Rogers Owner,The Bayside Artisan Shoppes Date: n—i 04 Signature: Tenant: Anthony Hartless and Shaina Hartless Owners,The Void Signature: Date: �Q ZCj Signature: Date: OR - _ h street 141 OR 01 c� c� ;R rIP Norfo h Street �k Avenue 9t RT3``` c� R58 3 c� N 4 a Site W f E: Property Polygons Justin M & Candace S Howard Zoning 933 Pacific Ave, Unit C S Building Feet 0 2040 80 120 160 200 240 Fz r CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: JUSTIN M & CANDACE S HOWARD [Applicants & Property Owners] Conditional Use Permit (Short Term Rental) for the property located at 933 Pacific Avenue Unit C (GPIN 24272444111210). COUNCIL DISTRICT 5 (Wilson) MEETING DATE: March 18, 2025 ■ Background: The applicant is requesting a Conditional Use Permit to operate a Short Term Rental in a two-bedroom unit of the Pacific Place Condominiums located at 933 Pacific Avenue, Unit C. The site is not currently advertised and the last known documented stay took place September 22, 2024. ■ Considerations: The applicant is requesting to operate a two-bedroom Short Term Rental within the Pacific Place Condominiums. Short Term Rentals are prevalent on this property with a total of 26 previously approved Conditional Use Permits for Short Term Rentals. There is one assigned parking space associated with this unit in the condominium's parking lot. All other requirements of Section 241.2 and Section 2303 of the Zoning Ordinance regulating Short Term Rentals can be reasonably met with this application. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. There is no known opposition to this request. ■ Recommendation: On February 12, 2025, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 9-0. 1. The following conditions shall only apply to the dwelling unit addressed as 933 Pacific Avenue, Unit C, and the Short Term Rental use shall only occur in the principal structure. 2. An annual (yearly) STR Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwelling for Short-Term Rental purposes. Justin and Candace Howard Page 2 of 4 3. The dwelling unit shall comply with all required Fire and Building code requirements. 4. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 5. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 6. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 . 7. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes and to be physical present at the Short Term Rental within one (1) hour. 8. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a. A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b. Copies of the Commissioner of Revenue's Office receipt of registration; and c. Proof of liability insurance applicable to the rental activity of at least one million dollars. 9. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 10.There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23- Justin and Candace Howard Page 3 of 4 71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 11.All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31- 28. 12.Accessory structures shall not be used or occupied as Short Term Rentals. 13.No signage shall be on-site, except that each short term rental shall have one (1) four-square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 14.The Short Term Rental shall have no more than one (1) rental contract for every seven (7) consecutive days. 15.The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 16.There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 17.The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 18.The property owner, or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Such inspection shall include: 1) At least one fire extinguisher has been installed inside the unit (in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in effect at the of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, and 3) All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. a. Properties managed by Short Term Rental Companies certified by the Department of Planning shall only be required to be inspected every three years. The inspection for compliance with the requirements above shall be performed by the short term rental management Justin and Candace Howard Page 4 of 4 company and be documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. b. Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors. The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. 19.A structural safety inspection report shall be provided to the city every three (3) years indicating all exterior stairways, decks, porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect) and are safe for use. The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks, porches, and balconies must be posted on each level of these structures. ■ Attachments: Staff Report and Disclosure Statements Location Map STR Vicinity Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department CW City Manager: Agenda Item • Applicants & Property Owners: Justin and Candace Howard Planning Commission Public •• 2025 VB_ i CouncilCity • Project Details y Request �10 Conditional Use Permit (Short Term Rental) Staff Recommendation Approval o� Staff Planner , DR C Alexis Bailey -` NORFOLKAve m C) ¢H ST A Location N 933 Pacific Avenue, Unit C m A" GPIN n 24272444111210 Site Size "" 34,984 square feet AICUZ �' tOtN ST ��` 65-70 dB DNL; Sub-Area 1 Ott t W Watershed •"' Atlantic Ocean . z` • � ro Existing Land Use and Zoning District •. i Condominium Complex/ OR Oceanfront Resort Surrounding Land Uses and Zoning Districts North Multi-family dwellings, commercial parking lot/OR , NORFOLKAVE• A' q e l 4� Oceanfront Resort 9tn Street Municipal Parking Garage/OR Oceanfront Resort East Atlantic Avenue Retail Shops/ OR Oceanfront Resort West Pacific Avenue Commercial Parking Lot/OR Oceanfront Resort Justin and Candace Howard Agenda Item 9 page 1 of 13 Background SummaryofProposal • The applicant is seeking a Conditional Use Permit for a Short Term Rental at 933 Pacific Avenue Unit C. The 34,984 square foot parcel contains the Pacific Place Condominiums and is zoned Oceanfront Resort District. • According to City records, this multi-family condominium was constructed in 1969. • Staff inspected the site on December 18, 2024 to observe site conditions and take photographs for this report. • On-street parking is not permitted on this portion of Pacific Avenue. • Since this property was not registered nor paying transient occupancy taxes to the Commissioner of the Revenue prior to July 1, 2018, the property would not be considered a grandfathered Short Term Rental and thus would require a Conditional Use Permit prior to operating. • Known Short Term Rental activity as of January 15, 2025: CURRENTLY ADVERTISED LAST KNOWN RENTAL REGISTERED WITH THE COMMISSIONER OF THE REVENUE No September 22, 2024 Yes Short Term Rentals in the Vicinity t, ®r- L MLK-AV � T `lZ _ 6 Short Term Rentals • STR Permits(64) -- Justin and Candace Howard Agenda Item 9 page 2 of 13 Summary of • • • The applicant submitted a Conditional Use Permit request to operate a Short Term Rental on the subject site. The regulations for Short Term Rental use are identified in Section 241.2 of the City Zoning Ordinance. Specific details pertaining to this application are listed below. • Number of bedrooms in the Short Term Rental: 2 • Maximum number of guests permitted on the property after 11:00 pm: 4 • Number of parking spaces required (1 space per bedroom required): 1 • Number of off-street parking spaces provided: 1 Justin and Candace Howard Agenda Item 9 page 3 of 13 Zoning # Request OR CUP (Short Term Rental) Approved 02/04/2025 ; ST CUP (Short Term Rental) Approved 12/10/2024 CUP (Short Term Rental) Approved 12/10/2024 2 OR CUP (Short Term Rental) Approved 07/09/2024 Rss V. CUP (Short Term Rental) Approved 06/04/2024 CUP (Short Term Rental) Approved 05/21/2024 CUP (Short Term Rental) Approved 05/21/2024 CUP (Short Term Rental) Approved 03/19/2024 CUP (Short Term Rental) Approved 11/14/2023 NORF°L`ave �H CUP (Short Term Rental) Approved 09/19/2023 CUP (Short Term Rental) Approved 09/19/2023 \ OR CUP (Short Term Rental) Approved 09/19/2023 1 CUP (Short Term Rental) Approved 07/11/2023 \ CUP (Short Term Rental) Approved 05/16/2023 CUP (Short Term Rental) Approved 05/16/2023 Application Types CUP (Short Term Rental) Approved 07/12/2022 CUP: MDC: Modification of Conditional Conditions CUP (Short Term Rental) Approved 04/05/2022 Use Permit MDP: Modification of Proffers CUP (Short Term Rental) Approved 11/09/2021 CUP (Short Term Rental) Approved 11/09/2021 REZ: NON: Nonconforming Use CUP (Short Term Rental) Approved 04/06/2021 Rezoning STC:Street Closure CUP (Short Term Rental) Approved 03/02/2021 CRZ: FVR: Floodplain Variance Conditional ALT. CUP (Short Term Rental) Approved 10/20/2020 •Alternative Compliance Rezoning SVR:Subdivision Variance CUP (Short Term Rental) Approved 08/25/2020 LUP: Land Use Plan CUP (Short Term Rental) Approved 08/25/2020 STR:Short Term Rental CUP (Short Term Rental) Approved 06/11/2020 CUP (Short Term Rental) Approved 02/04/2020 CUP (Short Term Rental) Approved 12/13/2022 CUP (Short Term Rental) Approved 12/13/2022 2 CUP (Short Term Rental) Approved 12/13/2022 CUP (Short Term Rental) Approved 12/13/2022 CUP (Short Term Rental) Approved 12/13/2022 CUP (Short Term Rental) Approved 12/13/2022 3 STC Approved 12/07/2004 Justin and Candace Howard Agenda Item 9 page 4 of 13 Evaluation • • • The applicant is requesting to operate a two-bedroom Short Term Rental within the Pacific Place Condominium building. Short Term Rentals are prevalent on this property with a total of [Strikethrough],L�[End strikethrough] 26 approved Conditional Use Permits for the operation of Short Term Rentals. There is one assigned parking space per unit in the condominium's parking lot. According to Section 2303(b)a.ii. of the Zoning Ordinance, "There are certain condominium properties that have historically operated as short term lodging units and have not experienced any inconvenience to guests or the surrounding area without the required one (1) parking space per bedroom. Further, such properties are unable to provide the required parking on-site. For these condominium properties, the Zoning Administrator may, at his discretion, required one (1) parking space per dwelling unit similar to the requirement for lodging uses in the Oceanfront Resort District Form Based Code (ORDFBC). Such properties must provide written evidence of their past use and the Zoning Administrator shall find that there is no public inconvenience with the current parking design" Pacific Place is one such property granted a historical exception to the Short Term Rental Parking requirements of Section 241.2. All other requirements of Section 241.2 and Section 2303 of the Zoning Ordinance regulating Short Term Rentals can be reasonably met with this application. The subject property lies in the Pacific Avenue corridor, which serves as the main north-south connector, including Atlantic Avenue, in the Resort Area. As identified in the Resort Area Strategic Action Plan (RASAP) 2030, both corridors serve as an area where many Resort Area visitors stay and gather. Therefore, the use of these units as a Short Term Rental is consistent with this purpose. These units would further provide diverse lodging opportunities for visitors and travelers wanting the Resort Area experience. Based on the considerations above, Staff recommends approval of this request with the conditions listed below. Recommended Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 933 Pacific Avenue, Unit C, and the Short Term Rental use shall only occur in the principal structure. 2. An annual (yearly) STR Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwelling for Short-Term Rental purposes. 3. The dwelling unit shall comply with all required Fire and Building code requirements. 4. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 5. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood Justin and Candace Howard Agenda Item 9 page 5 of 13 complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 6. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located.This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 7. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes and to be physical present at the Short Term Rental within one (1) hour. 8. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below.This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 9. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 10. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 11. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 12. Accessory structures shall not be used or occupied as Short Term Rentals. 13. No signage shall be on-site, except that each short term rental shall have one (1) four-square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 14. The Short Term Rental shall have no more than one (1) rental contract for every seven (7) consecutive days. 15. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. Justin and Candace Howard Agenda Item 9 page 6 of 13 16. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 17. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 18. The property owner, or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Such inspection shall include: 1) At least one fire extinguisher has been installed inside the unit (in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in effect at the of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, and 3) All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. a) Properties managed by Short Term Rental Companies certified by the Department of Planning shall only be required to be inspected every three years. The inspection for compliance with the requirements above shall be performed by the short term rental management company and be documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. b) Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors.The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. 19. A structural safety inspection report shall be provided to the city every three (3) years indicating all exterior stairways, decks, porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect) and are safe for use. The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks, porches, and balconies must be posted on each level of these structures. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Justin and Candace Howard Agenda Item 9 page 7 of 13 Public Out-reach • • Planning Commission • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on January 13, 2025. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, January 29, 2025 and February 5, 2025. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on January 27, 2025. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of virginiabeach.gov/pc on February 6, 2025. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, March 4, 2025 and March 11, 2025. • 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 March 3, 2025. • 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 March 14, 2025. Justin and Candace Howard Agenda Item 9 page 8 of 13 LayoutSite .•s� �i� �� a k"r AL � 11 r 1 rYj1 O•r _ m � 1 , Y " NORFOLKq 1 - Mi' f Y 0 ' Justin and Candace Howard Agenda Item 9 page 9 of 13 Site Photos Y� WIN F k � 1 t F t 1 i e r Justin and Candace Howard Agenda Item 9 page 10 of 13 Disclosure Disclosure VIRGINIA Statement V4WBe BEACH The discibsurrs contained in this form ore necessary to inform public officials who may vote on the application as to whether they hove a conflict of Interest under Virginia low. 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 SECTIONDISCLOSURE APPLICANT INFORMATION Applicant Name: as listed on application J)U ',-�V-\ } a VJ J K Lt.. 410 W O' Is Applicant also the Owner of the subject property? Yes4>00 If no,Property Owner must complete SECTION 2:PROPERTY OWNER DISCLOSURE(page 3) Does Applicant have a Representative?YesO No&— If}es, name Representative: Is Applicant a corporation,partnership,firm,business,trust or unincorporated business? YesONo(a— if yes,list the names of all officers,directors,members,or trustees below AND businesses that have o parent-subsidiary'or affiliated business entity'relationship with the applicant.(Attach list if necessary.) Does the subject property have a proposed or pending purchaser? Yes No IV 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 No0'' 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, V cross-collateralization,etc.) O l'S ► o Real Estate Broker/Agent/Realtor Mrinvera Gatornont 1 ►ov Max-7n7A -_ naoP t of 2 Justin and Candace Howard Agenda Item 9 page 11 of 13 Disclosure SECTIONDISCLOSURE SERVICE YES NO SERVICE PROVIDER Name entity and or individual Accounting/Tax Return Preparation 0 _ Architect/Designer/Landscape 0 Architect/Land Planner �y Construction Contractor 0 V Engineer/Surveyor/Agent 0 lJ Legal Services 0 APPLICANT CERTIFICATION READ:1 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. Applicant Name(Print) Applicant Signature Date "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§2.2-310T 1"Affiliated business entity relationship"means"a relationship,other than porent-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 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 some 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): 2/25/2025 Alexis Bailey ,�q� �3 2/28/2025 Staff Name(Print) Staff Signature Date nicrincurn Cfafomant I now Maw-7n14 w nsee of 3 Justin and Candace Howard Agenda Item 9 page 12 of 13 • 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. Justin and Candace Howard Agenda Item 9 page 13 of 13 STR VICINITY MAP JUSTIN AND CANDACE HOWARD _ L _ R_°tKAV -- - �- Short Term Rentals ,� 0 STR Permits(64) Virginia Beach Planning Commission February 12, 2025 Public Meeting Item #9 Justin and Candace Howard Recommendation: RECOMMENDED FOR APPROVAL Discussion Mr. Coston: Item 99. is Justin M & Candace S. Howard, conditional use permit for short-term rental. Ms. Howard: Hi. My name is Candace Howard. Mr. Coston: Are the conditions acceptable to you? Ms.Howard: Yes, sir. Mr. Coston: Thank you. Ms.Howard: Thanks. Mr. Coston: Is there any option to this item being placed on the consent agenda? Hearing none, we have asked Commissioner Alcaraz to read this item into the record. Mr. Alcaraz: Thank you. Agenda Item #9 for Justin & Candace Howard for conditional use permit for short-term rental at 933 Pacific Avenue, Unit C, and it's on consent agenda. Mr. Coston: Madam Chair, that was the last item on the consent agenda. The Planning Commission places the following applications on the consent agenda. Items 5, 6, 7, 8, 9, 10, and 11. Ms. Cuellar: Thank you very much, Vice-Chair. Do I have a motion to approve by consent as read by the Vice-Chair? Mr. Coston: So moved. Mr. Parks: One clarification on Item #6, the modification, it should be approved with a modification to clarify that there will be an administrative review of the conditional use permit after five years. Ms. Cuellar: Thank you very much for that clarification. I have a motion by Commissioner Coston. Is there a second? Mr. Parks: Second. Ms. Cuellar: Second by Commissioner Parks. Are there any planning commissioners abstaining on any of these items on the consent agenda? Okay. Hearing none. Mr. Cromwell: I will abstain from item#5. Ms. Cuellar: Thank you very much. Mr.Coston: I'm abstaining from item#4. It's a voluntary abstaining because I do not receive any remuneration that 1 am allowed to vote, but I have chosen to avoid the appearance of any impropriety by abstaining. Thank you. Ms. Cuellar: Thank you, Commissioner Coston. Item #4 is not on the consent agenda. We'll get to that because we just had a recent change. So, thank you for bringing that to our attention, and then we'll go over that again. We have one abstention from Commissioner Cromwell. Are there any other commissioners abstaining on the consent agenda? Madam Clerk: The vote is open. By a recorded vote of 9 to 0, with one abstention on item #5 from Commissioner Cromwell, Items #5, 6, 7, 8, 9, 10, and 11 have been recommended for approval by consent. Ms. Cuellar: Thank you very much. If you had an application that was on the consent agenda, your request will now be scheduled for an upcoming City Council meeting. Staff will contact you about the date. For those applicants on the consent agenda, thank you for your participation. You may remain at the meeting, either virtually or in person, or you're free to leave. Our next order of business is the regular agenda. Madam Clerk, we're ready for the first item. Vote Tall Commission Member AYE 9 NAY 0 ABS 0 ABSENT 1 Alcaraz X Anderson X B ler X Cromwell X Coston X Cuellar X Hi en X Mauch X Parks X Plumlee X Conditions/Proffers 1. The following conditions shall only apply to the dwelling unit addressed as 933 Pacific Avenue, Unit C, and the Short Term Rental use shall only occur in the principal structure. 2. An annual (yearly) STR Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwelling for Short- Term Rental purposes. 3. The dwelling unit shall comply with all required Fire and Building code requirements. 4. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 5. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 6. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located.This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 7. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes and to be physical present at the Short Term Rental within one (1) hour. 8. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below.This information must be submitted to the Planning Department for review and approval.This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 9. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 10.There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 11. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 12. Accessory structures shall not be used or occupied as Short Term Rentals. 13. No signage shall be on-site, except that each short term rental shall have one (1)four- square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 14.The Short Term Rental shall have no more than one (1) rental contract for every seven (7) consecutive days. 15. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 16.There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 17.The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 18. The property owner, or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Such inspection shall include: 1)At least one fire extinguisher has been installed inside the unit (in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in effect at the of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, and 3)All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. a) Properties managed by Short Term Rental Companies certified by the Department of Planning shall only be required to be inspected every three years. The inspection for compliance with the requirements above shall be performed by the short term rental management company and be documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. b) Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors.The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. 19. A structural safety inspection report shall be provided to the city every three (3) years indicating all exterior stairways, decks, porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect) and are safe for use.The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks, porches, and balconies must be posted on each level of these structures. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. 4 , 1h Stree OR N ^ . o street __- folk Avenue 9th � 1 \ ��• PT, � R5S c� N Site 0 JD Enterprise VA, DBA Atlantic Rental Homes W E Property Polygons Zoning 931 Pacific Ave, Unit A S Building Feet 0 2040 80 120 160 200 240 4it• w*"`r�+I LY.v CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: JD ENTERPRISES VA, DBA ATLANTIC RENTAL HOMES [Applicant] DANIEL J DAVIS & JUSTIN R TAYLOR [Property Owners] Conditional Use Permit (Short Term Rental) for the property located at 931 Pacific Avenue Unit A (GPIN 24272444111190). COUNCIL DISTRICT 5 (Wilson) MEETING DATE: March 18, 2025 ■ Background: The applicant is requesting a Conditional Use Permit to operate a Short Term Rental in a two-bedroom unit of the Pacific Place Condominiums located at 931 Pacific Avenue, Unit A. The site is not currently advertised and the last known documented stay took place September 22, 2024. ■ Considerations: The applicant is requesting to operate a two-bedroom Short Term Rental within the Pacific Place Condominiums. Short Term Rentals are prevalent on this property with a total of 26 previously approved Conditional Use Permits for Short Term Rentals. There is one assigned parking space associated with this unit in the condominium's parking lot. All other requirements of Section 241.2 and Section 2303 of the Zoning Ordinance regulating Short Term Rentals can be reasonably met with this application. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. A letter of opposition was received about the request noting concerns regarding other Short Term Rentals operated by the applicant. ■ Recommendation: On February 12, 2025, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 9-0. 1. The following conditions shall only apply to the dwelling unit addressed as 931 Pacific Avenue, Unit A, and the Short Term Rental use shall only occur in the principal structure. JD Enterprises VA DBA Atlantic Rental Homes Page 2 of 4 2. An annual (yearly) STR Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwelling for Short-Term Rental purposes. 3. The dwelling unit shall comply with all required Fire and Building code requirements. 4. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 5. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 6. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 . 7. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes and to be physical present at the Short Term Rental within one (1) hour. 8. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements `a' through 'c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a. A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b. Copies of the Commissioner of Revenue's Office receipt of registration; and c. Proof of liability insurance applicable to the rental activity of at least one million dollars. JD Enterprises VA DBA Atlantic Rental Homes Page 3of4 9. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 10.There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23- 71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 11 .All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31- 28. 12.Accessory structures shall not be used or occupied as Short Term Rentals. 13.No signage shall be on-site, except that each short term rental shall have one (1) four-square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 14.The Short Term Rental shall have no more than one (1) rental contract for every seven (7) consecutive days. 15.The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 16.There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 17.The maximum number of persons on the property after 11 :00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 18.The property owner, or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Such inspection shall include: 1) At least one fire extinguisher has been installed inside the unit (in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in effect at the of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, and 3) JD Enterprises VA DBA Atlantic Rental Homes Page 4 of 4 All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. a. Properties managed by Short Term Rental Companies certified by the Department of Planning shall only be required to be inspected every three years. The inspection for compliance with the requirements above shall be performed by the short term rental management company and be documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. b. Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors. The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. 19.A structural safety inspection report shall be provided to the city every three (3) years indicating all exterior stairways, decks, porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect) and are safe for use. The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks, porches, and balconies must be posted on each level of these structures. ■ Attachments: Staff Report and Disclosure Statements Location Map STR Vicinity Map Minutes of Planning Commission Hearing Letter of Opposition (1) Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. r_ Submitting Department/Agency: Planning Department 111� City Manager: Agrenda Item 10 A••licant: JD Enterprises VA DCA Atlantic Rental Homes Property Owners: Daniel J Davis &Justin R Taylor Planning Commission •lic Hearing: February 12, 2025 CouncilCity • Project Details Request Conditional Use Permit (Short Term Rental) Staff Recommendation 11 1 1EV R 11TH Si Approval Y� m TH SZ Staff Planner LAKE OR Alexis Bailey ALLY PINEWOOD DR1 F= >NORFOLKA - Location 931 Pacific Avenue Unit A m a GPIN m �N ALL_ 24272444111190 Site Size NR�NtA AVE 34,984 square feet AVE •N► C1`�yOL,NA AICUZ 65-70 dB DNL; Sub-Area 1 Watershed Opp Atlantic Ocean a,NSS � k Existing Land Use and Zoning District Condominium Complex/OR Oceanfront Resort Surrounding Land Uses and Zoning Districts N North r�S Multi-family dwellings, commercial parking lot/OR Oceanfront Resort t SouthNORFOLK AVE NO A! t 91h Street Municipal Parking Garage/ OR Oceanfront Resort East os Atlantic Avenue Retail Shops/ OR Oceanfront Resort V est Pacific Avenue Commercial Parking Lot/OR Oceanfront Resort 1D Enterprises VA DBA Atlantic Rental Homes Agenda Item 10 page 1 of 14 Background SummaryofProposal • The applicant is seeking a Conditional Use Permit for a Short Term Rental at 931 Pacific Avenue Unit A.The 34,984 square foot parcel contains the Pacific Place Condominiums and is zoned Oceanfront Resort District. • According to City records, this multi-family condominium was constructed in 1969. • Staff inspected the site on December 18, 2024 to observe site conditions and take photographs for this report. • On-street parking is not permitted on this portion of Pacific Avenue. • Since this property was not registered nor paying transient occupancy taxes to the Commissioner of the Revenue prior to July 1, 2018, the property would not be considered a grandfathered Short Term Rental and thus would require a Conditional Use Permit prior to operating. • Known Short Term Rental activity as of January 15, 2025: CURRENTLY ADVERTISED LAST KNOWN RENTAL REGISTERED WITH THE COMMISSIONER OF THE REVENUE No September 22, 2024 Yes Short Term Rentals in the Vicinity �T m vtg, ror"v oShort Term Rentals �N P 0 STR Permits(64) t �- JD Enterprises VA DBA Atlantic Rental Homes Agenda Item 10 page 2 of 14 Summary of--Proposal The applicant submitted a Conditional Use Permit request to operate a Short Term Rental on the subject site. The regulations for Short Term Rental use are identified in Section 241.2 of the City Zoning Ordinance. Specific details pertaining to this application are listed below. • Number of bedrooms in the Short Term Rental: 2 • Maximum number of guests permitted on the property after 11:00 pm: 4 • Number of parking spaces required (1 space per bedroom required): 1 • Number of off-street parking spaces provided: 1 JD Enterprises VA DBA Atlantic Rental Homes Agenda Item 10 page 3 of 14 HistoryZoning t# Request ; OR` CUP (Short Term Rental) Approved 02/04/2025 1 10`N� S.._r CUP (Short Term Rental) Approved 12/10/2024 " CUP (Short Term Rental) Approved 12/10/2024 OR Z CUP (Short Term Rental) Approved 07/09/2024 Ru CUP (Short Term Rental) Approved 06/04/2024 CUP (Short Term Rental) Approved 05/21/2024 1 CUP (Short Term Rental) Approved 05/21/2024 CUP (Short Term Rental) Approved 03/19/2024 NORFOLK qyE �S3 CUP (Short Term Rental) Approved 11/14/2023 CUP (Short Term Rental) Approved 09/19/2023 CUP (Short Term Rental) Approved 09/19/2023 \ ,R CUP (Short Term Rental) Approved 09/19/2023 CUP (Short Term Rental) Approved 07/11/2023 1 CUP (Short Term Rental) Approved 05/16/2023 CUP (Short Term Rental) Approved 05/16/2023 Application Types CUP (Short Term Rental) Approved 07/12/2022 CUP: Conditions Modification of C CUP (Short Term Rental) Approved 04/05/2022 Conditional Condi CUP (Short Term Rental) Approved 11/09/2021 Use Permit MDP: Modification of Proffers CUP (Short Term Rental) Approved 11/09/2021 REZ: NON: Nonconforming Use CUP (Short Term Rental) Approved 04/06/2021 Rezoning STC:Street Closure CUP (Short Term Rental) Approved 03/02/2021 CRZ: FVR: Floodplain Variance Conditional ALT. CUP (Short Term Rental) Approved 10/20/2020 •Alternative Compliance CUP (Short Term Rental) Approved 08/25/2020 Rezoning SVR:Subdivision Variance LUP:Land Use Plan CUP (Short Term Rental)Approved 08/25/2020 STR:Short Term Rental CUP (Short Term Rental) Approved 06/11/2020 CUP (Short Term Rental) Approved 02/04/2020 CUP (Short Term Rental) Approved 12/13/2022 CUP (Short Term Rental) Approved 12/13/2022 2 CUP (Short Term Rental) Approved 12/13/2022 CUP (Short Term Rental) Approved 12/13/2022 CUP (Short Term Rental) Approved 12/13/2022 CUP (Short Term Rental) Approved 12/13/2022 3 STC Approved 12 07 2004 JD Enterprises VA DBA Atlantic Rental Homes Agenda Item 10 page 4 of 14 Evaluation • • • The applicant is requesting to operate a two-bedroom Short Term Rental within the Pacific Place Condominium building. Short Term Rentals are prevalent on this property with a total of [Strikethrough]-L-5[End strikethrough] 26 approved Conditional Use Permits for the operation of Short Term Rentals. There is one assigned parking space per unit in the condominium's parking lot. According to Section 2303(b)a.ii. of the Zoning Ordinance, "There are certain condominium properties that have historically operated as short term lodging units and have not experienced any inconvenience to guests or the surrounding area without the required one (1) parking space per bedroom. Further, such properties are unable to provide the required parking on-site. For these condominium properties, the Zoning Administrator may, at his discretion, required one (1) parking space per dwelling unit similar to the requirement for lodging uses in the Oceanfront Resort District Form Based Code (ORDFBC). Such properties must provide written evidence of their past use and the Zoning Administrator shall find that there is no public inconvenience with the current parking design." Pacific Place is one such property granted a historical exception to the Short Term Rental Parking requirements of Section 241.2. All other requirements of Section 241.2 and Section 2303 of the Zoning Ordinance regulating Short Term Rentals can be reasonably met with this application. The subject property lies in the Pacific Avenue corridor, which serves as the main north-south connector, including Atlantic Avenue, in the Resort Area. As identified in the Resort Area Strategic Action Plan (RASAP) 2030, both corridors serve as an area where many Resort Area visitors stay and gather. Therefore, the use of these units as a Short Term Rental is consistent with this purpose.These units would further provide diverse lodging opportunities for visitors and travelers wanting the Resort Area experience. Based on the considerations above, Staff recommends approval of this request with the conditions listed below. JD Enterprises VA DBA Atlantic Rental Homes Agenda Item 10 page 5 of 14 Recommended Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 931 Pacific Avenue Unit A, and the Short Term Rental use shall only occur in the principal structure. 2. An annual (yearly) STR Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwelling for Short-Term Rental purposes. 3. The dwelling unit shall comply with all required Fire and Building code requirements. 4. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 5. This Conditional Use Permit shall expire five (5) years from the date of approval.The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 6. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located.This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 7. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes and to be physical present at the Short Term Rental within one (1) hour. 8. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below. This information must be submitted to the Planning Department for review and approval.This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 9. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 10. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. JD Enterprises VA DBA Atlantic Rental Homes Agenda Item 10 page 6 of 14 11. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 12. Accessory structures shall not be used or occupied as Short Term Rentals. 13. No signage shall be on-site, except that each short term rental shall have one (1) four-square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 14.The Short Term Rental shall have no more than one (1) rental contract for every seven (7) consecutive days. 15. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 16. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 17. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 18.The property owner, or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Such inspection shall include: 1) At least one fire extinguisher has been installed inside the unit (in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in effect at the of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, and 3) All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. a) Properties managed by Short Term Rental Companies certified by the Department of Planning shall only be required to be inspected every three years. The inspection for compliance with the requirements above shall be performed by the short term rental management company and be documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. b) Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors. The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. 19. A structural safety inspection report shall be provided to the city every three (3) years indicating all exterior stairways, decks, porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect) and are safe for use.The report must indicate JD Enterprises VA DBA Atlantic Rental Homes Agenda Item 10 page 7 of 14 the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks, porches, and balconies must be posted on each level of these structures. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Public Outreach Information Planning Commission • One letter of opposition has been received by Staff noting concerns about occupancy and prior operation of Short Term Rentals. • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on January 13, 2025. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays,January 29, 2025 and February 5, 2025. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on January 27, 2025. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of virginiabeach.gov/pc on February 6, 2025. City Council • As required by City Code,this item was advertised in the Virginian-Pilot on Tuesdays, March 4, 2025 and March 11, 2025. • 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 March 3, 2025. • 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 March 14, 2025. JD Enterprises VA DBA Atlantic Rental Homes Agenda Item 10 page 8 of 14 LayoutSite S1 4w - m 0 , "g " r NORFOIK AVE O .• Bat JD Enterprises VA DBA Atlantic Rental Homes Agenda Item 10 page 9 of 14 Site • • j vce KIM w •^ i E A JD Enterprises VA DBA Atlantic Rental Homes Agenda Item 10 page 10 of 14 Disclosure Docusgn Envelope ID'6371A89&858D-48B4-B02C-6COC7F768CC8 V_B' I ClTv OF Disclosure Statement BEACH 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. SECTIONAPPLICANT" • APPLICANT INFORMATION Applicant Name: as listed on oppfication JD Enterprises VA DBA Atlantic Rental Homes Is Applicant also the Owner of the subject property? Yes@ Noo If no,Property Owner must complete SECTION 2:PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative?Yeso No@ If yes, name Representative: Is Applicant a corporation,partnership,firm,business,trust or unincorporated business? Yes@NoO If yes, list the names of all officers,directors,members,or trustees below AND businesses that have a parent-subsidiary'or affiliated business entity 2 relationship with the applicant.(Attach list if necessary.) Daniel Davis,Justin Taylor Does the subject property have a proposed or pending purchaser? Yes U 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 inte est in Ithe subject land or any proposed development contingent on the subject public action? Yes No 0 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 O Movement Mortage cross-collateral izat ion,etc.) Real Estate Broker/Agent/Realtor Disclosure Statement I rev. May-2024 page 1 of 3 JD Enterprises VA DBA Atlantic Rental Homes Agenda Item 10 page 11 of 14 Disclosure Docusign Envelope ID:6371A89B-B58D-48B4-BO2C-6COC7F768CCB SECTIONDISCLOSURE SERVICE YES NO SERVICE PROVIDER Name entity and/or individual Accounting/Tax Return Preparation 0 O Architect/Designer/Landscape 0 O Architect/Land Planner Construction Contractor 0 Engineer/Surveyor/Agent 0 Legal Services T-o T(�) APPLICANT CERTIFICATION READ:1 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,1 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 publi y or committee in connection with this application. Daniel Davis 11/19/2024 Applicant Name(Print) Applicant Signature Date 1"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than SO percent of the voting power of another corporation.'See State and Local Government Conflict of Interests Act, VA.Code§2.2-3101. 2"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship, that exists when(i)one business entity has a controling 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 same person own or manage the two entities;there are common or commingled funds or assets-the business entities share the use of the some 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): 2/25/2025 Alexis Bailey 2/28/2025 Staff Name (Print) Staff Signature Date Disclosure Statement I rev. May-2024 page 2 of 3 JD Enterprises VA DBA Atlantic Rental Homes Agenda Item 10 page 12 of 14 Disclosure Docusign Envelope ID:6371A89B-B58D-48B4-802C-6COC7F768CCB SECTION '• ' OWNER DISCLOSURE PROPERTY OWNER INFORMATION Property Owner Name: as listed on application Danial J Davis&Justin R Taylor(JD Enterprises VA DBA Atlantic Rental Homes) Is the Owner a corporation,partnership,firm,business,trust,or u nincorporated business? Yes • NoO If yes,list the names of all officers, directors,members,or trustees below AND businesses that have a parent-subsidiary Ior affiliated business entity 2relotionship with the applicant.(Attach list if necessary.) Daniel Davis,Justin Taylor 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? Yes Q NoO 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, O O Movement Mortage cross-collateralization,etc.) Real Estate Broker/Agent/Realtor O Accounting/Tax Return Preparation 0 Architect/Designer/Landscape O O Architect/Land Planner Construction Contractor O O Engineer/Surveyor/Agent O 0 Legal Services 1 0 PROPERTY OWNER CERTIFICATION READ:1 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. +was Daniel Davis, Justin Taylor �au�a D.ws 7'M%.i'..4or 11/19/2024 a� Property Owner Name(Print) Property Owner Signature Date Disclosure Statement I rev. May-2024 page 3 of 3 JD Enterprises VA DBA Atlantic Rental Homes Agenda Item 10 page 13 of 14 • 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. JD Enterprises VA DBA Atlantic Rental Homes Agenda Item 10 page 14 of 14 STR VICINITY MAP JD ENTERPRISES VA, DBA ATLANTIC RENTAL HOMES � 5,1 1 1� ---- R __=_LKAV " 61 1 Short Term Rentals 0 STR Permits(64) Virginia Beach Planning Commission February 12, 2025 Public Meeting Item #10 JD Enterprises VA DBA Atlantic Rental Homes Recommendation: RECOMMENDED FOR APPROVAL Discussion Mr. Coston: Next item is item#10,JD Enterprise, Virginia DBA Atlantic Rental Homes. Mr. Taylor: My name is Justin Taylor with JD Enterprise, Virginia. Mr. Coston: Are the conditions acceptable to you? Mr. Taylor: Yes, sir. Mr. Coston: Thank you. You may be seated. Is there any opposition to this item being placed on the consent agenda? There being none, we've asked Commissioner Alcaraz to read this item into the record. Mr. Alcaraz: Alright, thank you again. Agenda item 10 for JD Enterprises, DBA as Atlantic Rental Homes for conditional use permit for a short-term rental at 931 Pacific Avenue, Unit A. Approval for consent agenda. Mr. Coston: Madam Chair, that was the last item on the consent agenda. The Planning Commission places the following applications on the consent agenda. Items 5, 6, 7, 8, 9, 10, and ll. Ms. Cuellar: Thank you very much, Vice-Chair. Do I have a motion to approve by consent as read by the Vice-Chair? Mr. Coston: So moved. Mr. Parks: One clarification on Item #6, the modification, it should be approved with a modification to clarify that there will be an administrative review of the conditional use permit after five years. Ms. Cuellar: Thank you very much for that clarification. I have a motion by Commissioner Coston. Is there a second? Mr. Parks: Second. Ms. Cuellar: Second by Commissioner Parks. Are there any planning commissioners abstaining on any of these items on the consent agenda? Okay. Hearing none. Mr. Cromwell: I will abstain from item #5. Ms. Cuellar: Thank you very much. Mr. Coston: I'm abstaining from item#4. It's a voluntary abstaining because I do not receive any remuneration that I am allowed to vote, but I have chosen to avoid the appearance of any impropriety by abstaining. Thank you. Ms. Cuellar: Thank you, Commissioner Coston. Item #4 is not on the consent agenda. We'll get to that because we just had a recent change. So, thank you for bringing that to our attention, and then we'll go over that again. We have one abstention from Commissioner Cromwell. Are there any other commissioners abstaining on the consent agenda? Madam Clerk: The vote is open. By a recorded vote of 9 to 0, with one abstention on item #5 from Commissioner Cromwell, Items #5, 6, 7, 8, 9, 10, and I l have been recommended for approval by consent. Ms. Cuellar: Thank you very much. If you had an application that was on the consent agenda, your request will now be scheduled for an upcoming City Council meeting. Staff will contact you about the date. For those applicants on the consent agenda,thank you for your participation. You may remain at the meeting, either virtually or in person, or you're free to leave. Our next order of business is the regular agenda. Madam Clerk, we're ready for the first item. Vote Tall Commissioner Member AYE 9 NAY 0 ABS 0 ABSENT 1 Alcaraz X Anderson X B ler X Cromwell X Coston X Cuellar X Hi en X Mauch X Parks X Plumlee X Conditions/Proffers 1. The following conditions shall only apply to the dwelling unit addressed as 931 Pacific Avenue Unit A, and the Short Term Rental use shall only occur in the principal structure. 2. An annual (yearly) STR Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwelling for Short- Term Rental purposes. 3. The dwelling unit shall comply with all required Fire and Building code requirements. 4. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 5. This Conditional Use Permit shall expire five (5) years from the date of approval.The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however,the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 6. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located.This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 7. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes and to be physical present at the Short Term Rental within one (1) hour. 8. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through `c' below.This information must be submitted to the Planning Department for review and approval.This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 9. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 10.There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 11. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 12. Accessory structures shall not be used or occupied as Short Term Rentals. 13. No signage shall be on-site, except that each short term rental shall have one (1) four- square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator,that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 14. The Short Term Rental shall have no more than one (1) rental contract for every seven (7) consecutive days. 15.The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 16. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 17. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 18. The property owner, or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Such inspection shall include: 1)At least one fire extinguisher has been installed inside the unit (in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in effect at the of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, and 3) All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. a) Properties managed by Short Term Rental Companies certified by the Department of Planning shall only be required to be inspected every three years. The inspection for compliance with the requirements above shall be performed by the short term rental management company and be documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. b) Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors.The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. 19. A structural safety inspection report shall be provided to the city every three (3) years indicating all exterior stairways, decks, porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect) and are safe for use.The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks, porches, and balconies must be posted on each level of these structures. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. From: Kaitlen S.Alcock To: Alexis Bailev Subject: FW:Opposition-STR:931-A Pacific Ave Date: Monday,February 17,2025 5:16:50 PM Attachments: Booking Info-STR 903-C Pacific.eml.mso Bookina Info-STR 512 19th St..eml.mso Airbnb Review-STR 512 19th St..eml.msa imaoe001.ono Kaitlen S. Alcock, AICP, CFM PLANNING & COMMUNITY DEVELOPMENT Planning Administrator (757)385-8610 1 kalcock(@VBgov.com www.virginiabeach.gov/planning 2875 Sabre Street, Suite 500 Virginia Beach, VA 23452 CITY OF VIRGINIA ��� BEACH From: Bryan Plumlee<bplumlee@vbgov.com> Sent:Wednesday, February 12, 2025 11:13 AM To: Kaitlen S. Alcock<KAlcock@vbgov.com> Subject: Fw: Opposition-STR: 931-A Pacific Ave From: Bryan Plumlee<balumlee(@vbgov.com> Sent: Wednesday, February 12, 2025 11:12 AM To: Kaitlen S. Alcock<KAIcock(@vbg_ov.com> Subject: Fw: Opposition-STR: 931-A Pacific Ave From: Kyle Kenney<88beachday(@Rrnail.com> Sent:Tuesday, February 11, 2025 2:19 PM To: Holly Cuellar<hcuellarPybgov.com>; Naomi Estaris<nestarispvbgov.com>;John Cromwell <icromwelPvbgov.com>; Michael Anderson <miandersCcDvbgov.com>; Kathryn Byler <kbylerPvbgov.com>;George Alcaraz<geoalcaraz(@vbgov.com>; Bryan Plumlee <bQlumlee(@vbgov.com>; Susan B. Hippen <shippenlavbgov.com>; William Parks <wparks(@vbgov.com>; Michael C. Mauch <mcmauchPvbgov.com>;ihcostonPvbgov.co <i hcoston Pvbgov.co> Cc: Anthony L. Bailey<ABailey(@vbgov.com> Subject:Opposition-STR:931-A Pacific Ave 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. Re:2-12-25 PC Meeting Planning Item#10 STR CUP Application-JD Enterprises DBA Atlantic Rental Homes District 5 Dear Chairwoman Cuellar,Vice Chairman Coston, &Members of Planning Commission: Earlier this month,Council was told the Planning Dept. looks at each STR individually and they don't take into account previous problems at other STR sites(same owner). It is unclear if this is policy mandated by code or why it was implemented, but the end result could be the PC making recommendations based on incomplete information (including repeat offender-owners applying for new CUPs). The PC is also not presented with information about repeat offender- property managers who are often the CUP applicants even though they are really the ones operating so many problematic STRs(they often appear at PC&CC instead of the owners). With regard to Mr.Justin Taylor and Mr. Daniel Davis,it is a very simple narrative: as property managers they operate illegal STRs until they are caught,they operate STRs before the zoning permit or CUP process is completed,they temporarily remove or revise their listings while seeking new CUPs,and they eventually get STRs approved by agreeing to certain conditions and then immediately disregard those conditions. Each time there is a complaint or a violation, it is filed under the owner's name;this is the first STR I've seen Mr.Taylor or Mr. Davis listed as owners. Here are just a few examples of how the STR owner-managers"Justin&Daniel" conduct business in our city: 903-C Pacific Ave: Nov.2024: controversial agenda item for CUP applicants Justin Taylor&Daniel Davis. PC recommended for CC approval(vote 8-2)with occupancy, length of stay, &signage conditions. Ms. Hippin asked, "You do not have any other violations correct or incorrect?" Mr.Taylor responded, "Correct." The matter was concluded with Chairman Alcaraz saying, "Guys. Congrats.Just stay in compliance." Dec.2024:Council approved CUP with recommended conditions. Feb.2025:Justin&Daniel managing Airbnb"The Beachside Bliss 2BR Condo Steps from the Beach"at this address. See attached Airbnb booking info which confirms owners already violating conditions 1)allowing>2 guests per bedroom;2)allowing>1 rental every consecutive days;3) no posted STR sign. 51219th St: 2020: renovated 1 story 2 bdrm house-add a loft and dorm like sleeping area but did not report changes to Assessor, Planning Dept., or STR Dept. (see attached) May 2021: Rejected 2 bdrm CUP(did not inform Zoning house now sleeps 12) Dec.2021:Justin&Daniel managing illegal 3 bdrm STR(see review) March 2022: Rejected 2 bdrm CUP(applicant, Mr. Davis,continues to operate illegal STR for 17 months). Aug 2023:obtain 2 bdrm CUP with conditions of 4 total guests&1 rental per 7 consecutive days **Dec.2021-Feb.2025:violate 2 bdrm CUP conditions-operating 3 bdrm STR which accommodates 12 adults&>1 rental per 7 consecutive days(see attached booking info) Feb 2025: new STR complaint submitted 1851 Ego Dr: May 2024: Property managers Justin&Daniel advertise and operate illegal STR for 3 months- not grandfathered or in overlay. Aug 2024:changed to 30+day rental after STR complaint submitted and property managers applying for CUPs at other addresses. 4741 North Greenwell Road: June 2021-Aug 2024:Justin&Daniel managing Illegal STR with 6 complaints,violations,&legal action against owner. Listing removed same time property managers applying for CUPs at other addresses(including 931-A). I respectfully request you not recommend approval of the STR located at 931-A Pacific Avenue. The owners, Mr.Taylor and Mr. Davis, have a long history of managing(operating) illegal STRs and are already violating conditions at a new STR you just reviewed in November! It was unbelievable when Mr.Taylor told you they had no other violations, but technically they do not own the other 50+STRs they manage and the owners' previous complaints and violations are not being considered anyway. Thank you for your consideration in this matter. **All information in this letter is available to the public via rental websites,VB.gov websites, and VB citizen portals. OR _ - S eet C I R5S OR A18 nP Novo Street k Avenue 9 c� R5 c� N Property Polygons JD Enterprise VA, DBA Atlantic Rental Homes Zoning 931 Pacific Ave, Unit B s Building Feet 0 2040 80 120 160 200 240 u"y f04 4 �1 (J 27) CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: JD ENTERPRISES VA, DBA ATLANTIC RENTAL HOMES [Applicant] LEI XU [Property Owners] Conditional Use Permit (Short Term Rental) for the property located at 931 Pacific Avenue, Unit B (GPIN 24272444111195). COUNCIL DISTRICT 5 (Wilson) MEETING DATE: March 18, 2025 ■ Background: The applicant is requesting a Conditional Use Permit to operate a Short Term Rental in a two-bedroom unit of the Pacific Place Condominiums located at 931 Pacific Avenue, Unit B. The site is not currently advertised and the last known documented stay took place September 4, 2024. ■ Considerations: The applicant is requesting to operate a two-bedroom Short Term Rental within the Pacific Place Condominiums. Short Term Rentals are prevalent on this property with a total of 26 previously approved Conditional Use Permits for Short Term Rentals. There is one assigned parking space associated with this unit in the condominium's parking lot. All other requirements of Section 241.2 and Section 2303 of the Zoning Ordinance regulating Short Term Rentals can be reasonably met with this application. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. A letter of opposition were received about the request noting concerns regarding other Short Term Rentals operated by the applicant. ■ Recommendation: On February 12, 2025, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 9-0. 1 . The following conditions shall only apply to the dwelling unit addressed as 931 Pacific Avenue, Unit B, and the Short Term Rental use shall only occur in the principal structure. JD Enterprises VA DBA Atlantic Rental Homes Page 2 of 4 2. An annual (yearly) STIR Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwelling for Short-Term Rental purposes. 3. The dwelling unit shall comply with all required Fire and Building code requirements. 4. Off-street parking shall be provided as required by Section 241 .2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 5. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 6. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 . 7. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes and to be physical present at the Short Term Rental within one (1) hour. 8. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements `a' through `c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a. A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b. Copies of the Commissioner of Revenue's Office receipt of registration; and c. Proof of liability insurance applicable to the rental activity of at least one million dollars. JD Enterprises VA DBA Atlantic Rental Homes Page 3 of 4 9. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 10.There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23- 71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 11.All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31- 28. 12.Accessory structures shall not be used or occupied as Short Term Rentals. 13.No signage shall be on-site, except that each short term rental shall have one (1) four-square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 14.The Short Term Rental shall have no more than one (1) rental contract for every seven (7) consecutive days. 15.The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 16.There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 17.The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 18.The property owner, or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Such inspection shall include: 1) At least one fire extinguisher has been installed inside the unit (in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in effect at the of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, and 3) JD Enterprises VA DBA Atlantic Rental Homes Page 4 of 4 All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. a. Properties managed by Short Term Rental Companies certified by the Department of Planning shall only be required to be inspected every three years. The inspection for compliance with the requirements above shall be performed by the short term rental management company and be documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. b. Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors. The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. 19.A structural safety inspection report shall be provided to the city every three (3) years indicating all exterior stairways, decks, porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect) and are safe for use. The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks, porches, and balconies must be posted on each level of these structures. ■ Attachments: Staff Report and Disclosure Statements Location Map STIR Vicinity Map Minutes of Planning Commission Hearing Letter of Opposition (1) Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: Agenda Item 11 A••licant: JD Enterprises VA ICE Atlantic Rental Homes PropertyOwner: Planning Commission ' •lic Hearing: February 12, 2025 CouncilCity • Project Details Request Conditional Use Permit (Short Term Rental) ' Staff Recommendation Approval Staff Planner LAKE Alexis Bailey ALLEY •� PINEWOOD DR `' �NORFOLKAVE A Location A C, 931 Pacific Avenue Unit B m ' - � m GP/N 24272444111195 Site Size NK�NW 34,984 square feet GA�O�1NA ACE 6TH 13 AICUZ 65-70 dB DNL; Sub-Area 1 Watershed Atlantic Ocean "tea �pTHS� �,gyp.• " Existing Land Use and Zoning District Condominium Complex/OR Oceanfront Resort r� Surrounding Land Uses and Zoning Districts North e Multi-family dwellings, commercial parking lot/OR Oceanfront Resort r I NORFOLKAV,a South 9th Street : - Municipal Parking Garage /OR Oceanfront Resort Atlantic Avenue Retail Shops/ OR Oceanfront Resort west Pacific Avenue Commercial Parking Lot/OR Oceanfront Resort JD Enterprises VA DBA Atlantic Rental Homes Agenda Item 11 page 1 of 14 Background SummaryofProposal • The applicant is seeking a Conditional Use Permit for a Short Term Rental at 931 Pacific Avenue Unit B. The 34,984 square foot parcel contains the Pacific Place Condominiums and is zoned Oceanfront Resort District. • According to City records, this multi-family condominium was constructed in 1969. • Staff inspected the site on December 18, 2024 to observe site conditions and take photographs for this report. • On-street parking is not permitted on this portion of Atlantic Avenue. • Since this property was not registered nor paying transient occupancy taxes to the Commissioner of the Revenue prior to July 1, 2018, the property would not be considered a grandfathered Short Term Rental and thus would require a Conditional Use Permit prior to operating. • Known Short Term Rental activity as of January 15, 2025: CURRENTLY ADVERTISED LAST KNOWN RENTAL REGISTERED WITH THE COMMISSIONER OF THE REVENUE No September 4, 2024 Yes Short Term Rentals in the Vicinity L E V tN� Short Term Rentals _ f!� C STR Permits(64) 7 JD Enterprises VA DBA Atlantic Rental Homes Agenda Item 11 page 2 of 14 of Proposal The applicant submitted a Conditional Use Permit request to operate a Short Term Rental on the subject site. The regulations for Short Term Rental use are identified in Section 241.2 of the City Zoning Ordinance. Specific details pertaining to this application are listed below. • Number of bedrooms in the Short Term Rental: 2 • Maximum number of guests permitted on the property after 11:00 pm: 4 • Number of parking spaces required (1 space per bedroom required): 1 • Number of off-street parking spaces provided: 1 JD Enterprises VA DBA Atlantic Rental Homes Agenda Item 11 page 3 of 14 Zoning # Request St CUP (Short Term Rental) Approved 02/04/2025 ,o�H CUP (Short Term Rental) Approved 12/10/2024 t CUP (Short Term Rental) Approved 12/10/2024 OR 2 CUP (Short Term Rental) Approved 07/09/2024 Rss CUP (Short Term Rental) Approved 06/04/2024 CUP (Short Term Rental) Approved 05/21/2024 m CUP (Short Term Rental) Approved 05/21/2024 CUP (Short Term Rental) Approved 03/19/2024 CUP (Short Term Rental) Approved 11/14/2023 NORFOLKgVE_ CUP (Short Term Rental) Approved 09/19/2023 CUP (Short Term Rental) Approved 09/19/2023 OR CUP (Short Term Rental) Approved 09/19/2023 CUP (Short Term Rental) Approved 07/11/2023 1 CUP (Short Term Rental) Approved 05/16/2023 CUP (Short Term Rental) Approved 05/16/2023 App/ication Types CUP (Short Term Rental) Approved 07/12/2022 CUP: MDC.• Modification of Conditional Conditions CUP (Short Term Rental) Approved 04/OS/2022 CUP (Short Term Rental) Approved 11/09/2021 Use Permit MDP: Modification of Proffers REZ: NON: Nonconforming Use CUP (Short Term Rental) Approved 11/09/2021 Rezoning STC:Street Closure CUP (Short Term Rental) Approved 04/06/2021 CUP (Short Term Rental) Approved 03/02/2021 CRZ: FVR: Floodplain Variance CUP (Short Term Rental) Approved 10/20/2020 Conditional ALT. Alternative Compliance CUP (Short Term Rental) Approved 08/25/2020 Rezoning SVR:Subdivision Variance LUP: Land Use Plan CUP (Short Term Rental) Approved 08/25/2020 STR:Short Term Rental CUP (Short Term Rental) Approved 06/11/2020 CUP (Short Term Rental) Approved 02/04/2020 CUP (Short Term Rental) Approved 12/13/2022 CUP (Short Term Rental) Approved 12/13/2022 2 CUP (Short Term Rental) Approved 12/13/2022 CUP (Short Term Rental) Approved 12/13/2022 CUP (Short Term Rental) Approved 12/13/2022 CUP (Short Term Rental) Approved 12/13/2022 3 STC Approved 12/07/2004 JD Enterprises VA DBA Atlantic Rental Homes Agenda Item 11 page 4 of 14 Evaluation • • • The applicant is requesting to operate a two-bedroom Short Term Rental within the Pacific Place Condominium building. Short Term Rentals are prevalent on this property with a total of [Strikethrough],Lli[End strikethrough] 26 approved Conditional Use Permits for the operation of Short Term Rentals. There is one assigned parking space per unit in the condominium's parking lot. According to Section 2303(b)a.ii. of the Zoning Ordinance, "There are certain condominium properties that have historically operated as short term lodging units and have not experienced any inconvenience to guests or the surrounding area without the required one (1) parking space per bedroom. Further, such properties are unable to provide the required parking on-site. For these condominium properties, the Zoning Administrator may, at his discretion, required one (1) parking space per dwelling unit similar to the requirement for lodging uses in the Oceanfront Resort District Form Based Code (ORDFBC). Such properties must provide written evidence of their past use and the Zoning Administrator shall find that there is no public inconvenience with the current parking design" Pacific Place is one such property granted a historical exception to the Short Term Rental Parking requirements of Section 241.2. All other requirements of Section 241.2 and Section 2303 of the Zoning Ordinance regulating Short Term Rentals can be reasonably met with this application. The subject property lies in the Pacific Avenue corridor, which serves as the main north-south connector, including Atlantic Avenue, in the Resort Area. As identified in the Resort Area Strategic Action Plan (RASAP) 2030, both corridors serve as an area where many Resort Area visitors stay and gather. Therefore, the use of these units as a Short Term Rental is consistent with this purpose.These units would further provide diverse lodging opportunities for visitors and travelers wanting the Resort Area experience. Based on the considerations above, Staff recommends approval of this request with the conditions listed below. Recommended Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 931 Pacific Avenue Unit B, and the Short Term Rental use shall only occur in the principal structure. 2. An annual (yearly) STR Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwelling for Short-Term Rental purposes. 3. The dwelling unit shall comply with all required Fire and Building code requirements. 4. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 5. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood JD Enterprises VA DBA Atlantic Rental Homes Agenda Item 11 page 5 of 14 complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 6. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located.This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 7. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes and to be physical present at the Short Term Rental within one (1) hour. 8. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below.This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 9. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 10. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 11. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 12. Accessory structures shall not be used or occupied as Short Term Rentals. 13. No signage shall be on-site, except that each short term rental shall have one (1)four-square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 14. The Short Term Rental shall have no more than one (1) rental contract for every seven (7) consecutive days. 15. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. JD Enterprises VA DBA Atlantic Rental Homes Agenda Item 11 page 6 of 14 16. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 17. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 18. The property owner, or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Such inspection shall include: 1) At least one fire extinguisher has been installed inside the unit (in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in effect at the of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, and 3) All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. a) Properties managed by Short Term Rental Companies certified by the Department of Planning shall only be required to be inspected every three years.The inspection for compliance with the requirements above shall be performed by the short term rental management company and be documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. b) Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors.The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. 19. A structural safety inspection report shall be provided to the city every three (3) years indicating all exterior stairways, decks, porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect) and are safe for use. The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks, porches, and balconies must be posted on each level of these structures. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. JD Enterprises VA DBA Atlantic Rental Homes Agenda Item 11 page 7 of 14 Public Outreach Information Planning Commission • One letter of opposition has been received by Staff noting concerns about occupancy and prior operation of Short Term Rentals. • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on January 13, 2025. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, January 29, 2025 and February 5, 2025. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on January 27, 2025. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of virginiabeach.gov/pc on February 6, 2025. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, March 4, 2025 and March 11, 2025. • 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 March 3, 2025. • 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 March 14, 2025. JD Enterprises VA DBA Atlantic Rental Homes Agenda Item 11 page 8 of 14 LayoutSite Plan O.V H ST _ s 1. t . a. J.. t " .c 5 PAMQRFpLKq #4 # N� 0. 1D Enterprises VA DBA Atlantic Rental Homes Agenda Item 11 page 9 of 14 Site Photos m, : : . y ,� . « ; . x :� � / /\ � � � � r ! ■ r . � � . �.� . . . .y. — ]DEnGrpMsesVA DBA Atlantic Re nGIHomes Agenda Item 11 page 10 of 14 Disclosure DocusignErnelope ID:75851E23-2309�075-8477-39104E796128 Disclosure V-B- BEACH Statement • GINIA 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. SECTIONDISCLOSURE APPLICANT INFORMATION Applicant Name: as listed on application JD Enterprises VA DBA Atlantic Rental Homes Is Applicant also the Owner of the subject property? YesQ Noo If no,Property Owner must complete SECTION 2:PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative? Yes(7)NoO If yes, name Representative: Is Applicant a corporation,partnership,firm,business,trust or unincorporated business? Yes@No© If yes, list the names of al/officers, directors,members,or trustees belowAND businesses that have a parent-subsidiary'or affiliated business entity 2 relationship with the applicant.(Attach list if necessary.) ff stin Taylor Does the subject property have a proposed or pending purchaser? Yes U No UO 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 inte est in he subject land or any proposed development contingent on the su bject pu blic action? Yes No 0 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 andlor 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 O Am West Funding Corp. cross-collateralization,etc.) Real Estate Broker/Agent/Realtor 0 0 Disclosure Statement I rev. May-2024 page 1 of 3 JD Enterprises VA DBA Atlantic Rental Homes Agenda Item 11 page 11 of 14 Disclosure Docusign Envelope ID:75851E23-2309-4075$477-39104E796128 SECTIONDISCLOSURE SERVICE YES NO SERVICE PROVIDER Name entity and/or individual Accounting/Tax Return Preparation 0 Architect/Designer/Landscape O 0 Architect/Land Planner Construction Contractor 0 Engineer/Surveyor/Agent 0 Legal Services 0 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 or committee in connection with this application. Daniel Davis 11/19/2024 Me Applicant Name (Print) Applicant Signature Date i"Parent-subsidiary relationship"means'a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation."See State and Local Government Conflict of interests Act, VA.Code§2.2-3101. 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 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): 2/25/2025 Alexis Bailey 11/19/2024 2/28/2025 Staff Name (Print) Staff Signature 64,, Date Disclosure Statement I rev. May-2024 page 2 of 3 JD Enterprises VA DBA Atlantic Rental Homes Agenda Item 11 page 12 of 14 Disclosure Docusign Envelope ID:75851 E23-23094075-B477-39104E79612B SECTION • ' OWNER DISCLOSURE PROPERTY OWNER INFORMATION Property Owner Name: as listed on application Lei Xu Is the Owner a corporation,partnership,firm,business,trust,or unincorporated business? YesQNoO If yes,list the names of all officers,directors,members,or trustees below AND businesses that have a parent-subsidiary for affiliated business entity zrelationship with the applicant.(Attach list if necessary.) Does the subject property have a proposed or pending purchaser? Yeso 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? Yes Q No(• ! es,name the o icial 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, O O AmWest Funding Corp. cross-collateralization,etc.) Real Estate Broker/Agent/Realtor 0 Accounting/Tax Return Preparation 0 Architect/Designer/Landscape O O Architect/Land Planner Construction Contractor 0 Engineer/Surveyor/Agent 0 Legal Services 0 PROPERTY OWNER CERTIFICATION READ:I certify that all information contained in this Form is complete,true,and accurate.!understand that upon receipt of notification that the application has been scheduled for public hearing, 1 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. Lei Xu .. x 11/19/2024 1. Property Owner Name(Print) Property Owner Signature Date Disclosure Statement I rev. May-2024 page 3 of 3 JD Enterprises VA DBA Atlantic Rental Homes Agenda Item 11 page 13 of 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. JD Enterprises VA DBA Atlantic Rental Homes Agenda Item 11 page 14 of 14 STIR VICINITY MAP JD ENTERPRISES VA, DBA ATLANTIC RENTAL HOMES 1�tHj ss. Short Term Rentals `A0 STR Permits(64) Virginia Beach Planning Commission February 12, 2025 Public Meeting Item #11 JD Enterprises VA DBA Atlantic Rental Homes Recommendation: RECOMMENDED FOR APPROVAL Discussion Mr. Coston: The last item on our consent agenda is JD Enterprise, Virginia, Atlantic Rental Homes, conditional use for short-term rentals. Mr. Taylor: Justin Taylor with JD Enterprises, Virginia. Mr. Coston: Conditions acceptable to you, sir? Mr. Taylor: Yes, sir. Mr.Coston: Thank you. Is there any opposition to this item being placed on the consent agenda? There being none,we've asked Commissioner Alcaraz to read this item into the record. Mr.Alcaraz: Alright, again. Agenda Item #11, JD Enterprises, DBA Atlantic Rental Homes for a conditional use permit for a short-term rental, and 931 Pacific Avenue, Unit B, approved for consent agenda. Mr. Coston: Madam Chair, that was the last item on the consent agenda. The Planning Commission places the following applications on the consent agenda. Items 5, 6, 7, 8, 9, 10, and IL Ms. Cuellar: Thank you very much, Vice-Chair. Do I have a motion to approve by consent as read by the Vice-Chair? Mr. Coston: So moved. Mr. Parks: One clarification on Item #6, the modification, it should be approved with a modification to clarify that there will be an administrative review of the conditional use permit after five years. Ms. Cuellar: Thank you very much for that clarification. I have a motion by Commissioner Coston. Is there a second? Mr. Parks: Second. Ms. Cuellar: Second by Commissioner Parks. Are there any planning commissioners abstaining on any of these items on the consent agenda? Okay. Hearing none. Mr. Cromwell: I will abstain from item 45. Ms. Cuellar: Thank you very much. Mr. Coston: I'm abstaining from item#4. It's a voluntary abstaining because I do not receive any remuneration that I am allowed to vote, but I have chosen to avoid the appearance of any impropriety by abstaining. Thank you. Ms. Cuellar: Thank you, Commissioner Coston. Item #4 is not on the consent agenda. We'll get to that because we just had a recent change. So, thank you for bringing that to our attention, and then we'll go over that again. We have one abstention from Commissioner Cromwell. Are there any other commissioners abstaining on the consent agenda? Madam Clerk: The vote is open. By a recorded vote of 9 to 0, with one abstention on item #5 from Commissioner Cromwell, Items #5, 6, 7, 8, 9, 10, and I have been recommended for approval by consent. Ms. Cuellar: Thank you very much. If you had an application that was on the consent agenda, your request will now be scheduled for an upcoming City Council meeting. Staff will contact you about the date. For those applicants on the consent agenda,thank you for your participation. You may remain at the meeting, either virtually or in person, or you're free to leave. Our next order of business is the regular agenda. Vote Tall Commission Member AYE 9 NAY 0 ABS 0 ABSENT 1 Alcaraz X Anderson X B ler X Cromwell X Coston X Cuellar X Hi en X Mauch X Parks X Plumlee X Conditions/Proffers 1. The following conditions shall only apply to the dwelling unit addressed as 931 Pacific Avenue Unit B, and the Short Term Rental use shall only occur in the principal structure. 2. An annual (yearly) STR Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwelling for Short- Term Rental purposes. 3. The dwelling unit shall comply with all required Fire and Building code requirements. 4. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 5. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however,the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 6. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 7. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes and to be physical present at the Short Term Rental within one (1) hour. 8. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below.This information must be submitted to the Planning Department for review and approval.This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 9. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 10. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 11. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 12. Accessory structures shall not be used or occupied as Short Term Rentals. 13. No signage shall be on-site, except that each short term rental shall have one (1)four- square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 14.The Short Term Rental shall have no more than one (1) rental contract for every seven (7) consecutive days. 15. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 16. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 17. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 18. The property owner, or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Such inspection shall include: 1) At least one fire extinguisher has been installed inside the unit (in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in effect at the of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, and 3) All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. a) Properties managed by Short Term Rental Companies certified by the Department of Planning shall only be required to be inspected every three years. The inspection for compliance with the requirements above shall be performed by the short term rental management company and be documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. b) Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors.The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. 19. A structural safety inspection report shall be provided to the city every three (3)years indicating all exterior stairways, decks, porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect) and are safe for use.The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks, porches, and balconies must be posted on each level of these structures. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. From: Kaitlen S.Alcock To: Alexis Bailey Subject: Fw:Opposition-STR:931-B Pacific Ave Date: Monday,February 17,2025 2:46:37 PM Attachments: Bookina Info-STR 903-C Pacific.eml.msa Occu awn,y-STR 931-B Pacific Ave.eml.msa Kaitlen S. Alcock, AICP, CFM PLANNING & COMMUNITY DEVELOPMENT Planning Administrator (757)385-8610 1 kalcock(@VBgov.com www.virginiabeach.gov/planning 2875 Sabre Street, Suite 500 Virginia Beach, VA 23452 Image Sent using Outlook for iOS From: Michael C. Mauch <mcmauch@vbgov.com> Sent: Wednesday, February 12, 2025 11:11:20 AM To: Kaitlen S. Alcock<KAI cock @vbgov.com>; Carrie L. Bookholt<CBookhol@vbgov.com> Subject: Fw: Opposition-STR: 931-B Pacific Ave From: Kyle Kenney<88beachday@gmail.com> Sent:Tuesday, February 11, 2025 3:19 PM To: Holly Cuellar<hcuellar@vbgov.com>; Naomi Estaris<nestaris@vbgov.com>;John Cromwell <jcromwel@vbgov.com>; Michael Anderson <mianders@vbgov.com>; Kathryn Byler <kbyler@vbgov.com>;George Alcaraz<geoalcaraz@vbgov.com>; Bryan Plumlee <bplumlee@vbgov.com>;Susan B. Hippen<shippen@vbgov.com>; William Parks <wparks@vbgov.com>; Michael C. Mauch <mcmauch@vbgov.com>;jhcoston@vbgov.co <j hcoston @vbgov.co> Cc:Anthony L. Bailey<ABailey@vbgov.com> Subject:Opposition-STR: 931-B Pacific Ave 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. Re: 2-12-25 PC Meeting Planning Item#11 STR CUP Application-Xu Lei District 5 Dear Chairwoman Cuellar,Vice Chairman Coston,&Members of Planning Commission: I respectfully request you not recommend approval of the STR located at 931-B Pacific Avenue. The owner,Xu Lei and his management team at Atlantic Rental Homes(Justin Taylor and Daniel Davis)have a history of operating problematic STRs. They are already violating conditions set forth by Council at 903-C Pacific Ave which is a STR you approved at your November,2024 meeting. Real estate investor Xu Lei owns 903-C and "Justin& Daniel" are the CUP applicants and managers of 903-C (see attached Airbnb listing). Given the lengthy letter of opposition for 931-A Pacific Ave, I will not outline the problems associated with the applicants(Mr. Taylor and Mr. Davis). I will attach the new Airbnb listing for this pending STR"Beachside Haven: 2BR Condo near Oceanfront." While someone was careful to list a 30 day rental until a CUP is issued,they are already advertising a 2 bedroom condo which accommodates 5 adult overnight lodgers when only 4 will be allowed per Planning recommendations. Thank you for your consideration in this matter. "All information in this letter is available to the public via rental websites,VB.gov websites, and VB citizen portals. M. APPOINTMENTS BAYFRONT ADVISORY COMMISSION BOARD OF ZONING APPEALS CLEAN COMMUNITY COMMISSION COMMUNITY POLICY AND MANAGEMENT TEAM COMMUNITY SERVICES BOARD DEVELOPMENT AUTHORITY HEALTH SERVICES ADVISORY BOARD HISTORICAL REVIEW BOARD HUMAN RIGHTS COMMISSION INDEPENDENT CITIZEN REVIEW BOARD PROCESS IMPROVEMENT STEERING COMMITTEE VIRGINIA BEACH CANNABIS ADVISORY TASK FORCE 0. NEW BUSINESS P. ADJOURNMENT If you are physical disabled or visually impaired and need assistance at this meeting, please call the City Clerk's Office at 757-385-4303. The Agenda (including all backup documents) is available at clerk.virginiabeach.gov/city-council under the eDocs Document Archive. If you would like to receive by email a list of the agenda items for each Council meeting, please submit your request to TChelius@vbgov.com or call 757-385-4303. AGENDA ITEMS 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 meeting. 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on March 18, 2025. J CITY OF VIRGINIA BEACH A R SUMMARY OF COUNCIL ACTIONS C O K S B H S S E C U O S DATE:03/04/2025 PAGE: 1 R U T N H C L M H C R A H W U M E H G E M R U 1 C I D N E R M M O L L C N Y L S E 1 O U M S AGENDA H G E E O E C N S A O ITEM# SUBJECT MOTION VOTE I S R Y N N K D E N N I. CITY COUNC112S BRIEFINGS A. FEDERAL GOVERNMENT AFFAIRS Anthony Bedell,Senior UPDATE Corporate/Government Relations Director— Becker&Poliakoff Alfonso Lopez,Senior Corporate/Government Relations Consultant— Becker&Poliakoff B. TOURISM ADVERTISING CAMPAIGN Nancy Helman,Director —Convention/Visitors Bureau Delceno Miles,Chair— Advertising Advisory Committee John Zirkle,Vice Chair —Advertising Advisory Committee C. ATLANTIC PARK UPDATE Emily Archer,Deputy Director—Economic Development II.- CERTIFICATION OF CLOSED SESSION CERTIFIED 9-0 Y Y Y Y Y Y Y A A Y Y VI. A-F G. MINUTES APPROVED 9-0 Y Y Y Y Y Y Y A A Y Y 1. INFORMAL AND FORMAL SESSIONS February 18,2025 J.I. Ordinance to AMEND City Code Section 10-1 re ADOPTED,BY 9-0 Y Y Y Y Y Y Y A A Y Y change of polling location for Precinct 0016 to CONSENT Old Donation School at 4633 Honey grove Road / REQUEST a waiver to administer a split precinct for Precinct 0069 (Requested by the Virginia Beach Electoral Board) J.2. Ordinance to AWARD a License for a portion of ADOPTED 9-0 Y Y Y Y Y Y Y A A Y Y City-owned property at 4535 Commerce Street to a Federal Agency for a five (5) year term re installation and operation of radio transmission equipment J.3. Ordinance to CONFIRM the Declaration of a ADOPTED,BY 9-0 Y Y Y Y Y Y Y A A Y Y Local Emergency re Winter Storm Kinston CONSENT J.4. Ordinance to AMEND City Code Section 34-70 re ADOPTED,BY 9-0 Y Y Y Y Y Y Y A A Y Y variances from the lifeguard requirement for CONSENT certain condominium pools (Requested by Mayor Dyer and Council Member Cummings) J.5. Ordinance to EXPAND the scope of the Towing ADOPTED,BY 9-0 Y Y Y Y Y Y Y A A Y Y Advisory Board re include review of police CONSENT requested tows(Requested by Mayor Dyer and Council Members Remick and Schulman) J CITY OF VIRGINIA BEACH A R SUMMARY OF COUNCIL ACTIONS C 0 K S B H S S E C U 0 S DATE:03/04/2025 PAGE: 2 R U T N H C L M H C R A H W U M E H G E M R U I C I D N E R M M 0 L L C N Y L S E I 0 U M S AGENDA H G E E 0 E C N S A 0 ITEM# SUBJECT MOTION VOTE I S R Y N N K I D I E N I N J.6. Ordinance to DIRECT the City Manager to ADOPTED,BY 9-0 Y Y Y Y Y Y Y A A Y Y proceed with School Zone Photo Speed CONSENT Enforcement/DEDICATE any excess revenue from such program to Capital Project#100423 "Traffic Safety Improvements IV" J.7. Resolution to AUTHORIZE and DIRECT the ADOPTED,BY 9-0 Y Y Y Y Y Y Y A A Y Y City Manager to EXECUTE an Intergovernmental CONSENT Agreement between the Virginia Department of Forestry and the City re purchase of Agricultural Reserve Program Easements J.8. Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY 9-0 Y Y Y Y Y Y Y A A Y Y $3,018,008.05 and$41,180.08 from the Federal CONSENT Emergency Management Agency(FEMA)to the FY2024-25 Virginia Beach Fire Department Operating Budget re administration and mobilization of Virginia Task Force 2 for Tropical Cyclone Helene J.9. Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY 9-0 Y Y Y Y Y Y Y A A Y Y $929,280.37 and $19,292.80 from the Federal CONSENT Emergency Management Agency(FEMA)to the FY2024-25 Virginia Beach Fire Department Operating Budget re administration and mobilization of Virginia Task Force 2 for Tropical Cyclone Milton J.10. Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY 9-0 Y Y Y Y Y Y Y A A Y Y $23,587.53/$707.63 from the Federal Emergency CONSENT Management Agency(FEMA)to the FY2024-25 Virginia Beach Fire Department Operating Budget re administration and mobilization of Virginia Task Force 2 for Tropical Disturbance Invest 94L K.1. DAM NECK ASSOCIATES, LLC, for a APPROVED/ 9-0 Y Y Y Y Y Y Y A A Y Y Conditional Change of Zoning from a A-18 MODIFIED/ Apartment District&B-2 Community Business PROFFERED,BY District to a Conditional B4 Mixed-Use District/ CONSENT a Modification of Proffers to a Conditional Change of Zoning re develop a mixed-use project at 872 & 1089 Dam Neck Road and 1064& 1080 Dam Neck Station Road DISTRICT 5(Deferred from January 21 2025 K.2. VICTORIA WALSH for a CUP re short term APPROVED/ 9-0 Y Y Y Y Y Y Y A A Y Y rental at 917 Pacific Avenue,Unit A CONDITIONED,BY DISTRICT 5(Deferred from February 4,2025) CONSENT L. APPOINTMENTS RESCHEDULED B Y C 0 N S E N S U S ACTIVE TRANSPORTATION ADVISORY COMMITTEE BAYFRONT ADVISORY COMMISSION BOARD OF ZONING APPEALS CLEAN COMMUNITY COMMISSION COMMUNITY POLICY AND MANAGEMENT TEAM GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HISTORICAL REVIEW BOARD HOUSING ADVISORY BOARD HUMAN RIGHTS COMMISSION J CITY OF VIRGINIA BEACH A R SUMMARY OF COUNCIL ACTIONS C O K S B H S S E C U O S DATE:03/04/2025 PAGE: 3 R U T N H C L M H C R A H W U M E H G E M R U 1 C I D N E R M M O L L C N Y L S E I O U M S AGENDA H G E E O E C N S A O ITEM# SUBJECT MOTION VOTE I S R Y N N K D E N N INDEPENDENT CITIZEN REVIEW BOARD OPEN SPACE ADVISORY COMMITTEE PROCESS IMPROVEMENT STEERING COMMITTEE VIRGINIA BEACH CANNABIS ADVISORY TASK FORCE COMMUNITY POLICY AND Appointed: 9-0 Y Y Y Y Y Y Y A A Y Y MANAGEMENT TEAM Kimberly Knight- (Represents City Council Designee) 2 Year Term 4/l/2025-3/31/2027 DEVELOPMENT AUTHORITY Appointed: 9-0 Y Y Y Y Y Y Y A A Y Y Akhil Jain Unexpired Term thru 8/31/2027 OLD BEACH DESIGN REVIEW Appointed: 9-0 Y Y Y Y Y Y Y A A Y Y COMMITTEE Rebecca Whalen- (Represents Property Owner in Old Beach Overlay District) Unexpired Term dim 6/30/2025 +3 Year Term 7/l/2025-6/30/2028 L. UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT 6:25 PM OPEN DIALOGUE 7 SPEAKERS 6:45 PM