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3-19-2024 FORMAL SESSION AGENDA CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR ROBERT M. "BOBBY"DYER,At Large 1r1IA,B VICE MAYOR ROSEMARY WILSON-District 5 S4C' 4 MICHAEL F.BERLUCCHI-District 3 p� BARBARA M.HENLEY-District 2 DAVID HUTCHESON-District l _ U ( j F. ROBERT W "WORTH"REMICK-District 6 ` DR.AMELIA N.ROSS-HAMMOND-District 4 JENNIFER ROUSE-District 10 JOASHUA F. "JOASH"SCHULMAN-District 9 `+r AaF UR N.i�M CHRIS TAYLOR—District 8 SABRINA D.WOOTEN—District 7 CITY HALL BUILDING 1 CITY COUNCIL APPOINTEES 2401 COURTHOUSE DRIVE CITYMANAGER—PA TRICK A.DUHANEY VIRGINIA BEACH, VIRGINIA 23456 CITYATTORNEY-MARKD.STILES CITY COUNCIL AGENDA PHONE:(757)385-4303 CITYASSESSOR-SUE CUNNINGHAM FAX(757)385-5669 CITYAUDITOR-LYNDONS.REMIAS March 19, 2024 EMAIL:CITYCOUNCIL@VBGOV.COM CITY CLERK-AMANDA BARNES MAYOR ROBERT M. "BOBBY" DYER PRESIDING I. CITY COUNCIL'S BRIEFINGS -Conference Room- 12:00 PM A. SISTER CITIES ASSOCIATION OF VIRGINIA BEACH UPDATE Maria Weissenseel, President (Requested by Mayor Dyer and Council Member Berlucchi) B. FLOOD PROTECTION PROGRAM AND CAPITAL IMPROVEMENT UPDATE 12:15 PM Jeff Waller, P.E., Chair—Flood Prevention Bond Referendum Oversight Board Leisha Pica, Program Manager—Jacobs Engineering II. CITY MANAGER'S BRIEFING A. CITY MANAGER'S PROPOSED BUDGET 12:45 PM Kevin Chatellier, Director—Budget & Management Services III. CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS 1:45 PM IV. CITY COUNCIL AGENDA REVIEW 2:00 PM V. INFORMAL SESSION - Conference Room- 2:15 PNI A. CALL TO ORDER B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER— Mayor Robert M. "Bobby" Dyer B. INVOCATION C. MOMENT OF SILENCE , D. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA E. ROLL CALL OF CITY COUNCIL F. CERTIFICATION OF CLOSED SESSION G. MINUTES 1. INFORMAL AND FORMAL SESSIONS March 5, 2024 2. FORMAL SESSION March 12, 2024 H. MAYOR'S PRESENTATIONS 1. RECOGNITION—Sister Cities Association of Virginia Beach 2024 Youth Ambassador—Aubrey Swain Visiting Students from Waiblingen, Germany 2. PROCLAMATION Tiffany Richardson-Harrell 1. FORMAL SESSION AGENDA 1. CONSENT AGENDA J. ORDINANCES /RESOLUTIONS 1. Ordinance to DECLARE a portion of City-Owned property located at 2750 Elbow Road to be in Excess of the City's Needs and AUTHORIZE the City Manager to dedicate the property to the City of Chesapeake re bridge and road improvements 2. Ordinance to GRANT thirteen(13)Franchise Agreements for Outdoor Cafes in the Resort Area a. Dunes Investment Association, LLC,t/a The Dunes Cafe re boardwalk cafe b. Seda Inc. t/a 21 st Street Grill Cafe re sidewalk cafe c. Atlantic Lobsta, LLC,t/a Mason's Famous Lobster Rolls Cafe re sidewalk cafe d. Colonial Inn VB, LLC, t/a Fishtails Cafe re boardwalk cafe e. Fogg's Seafood Company,t/a Waterman's Surfside Grille Cafe re boardwalk cafe f. Baja Taco's, Inc.,t/a Baja Cantina Cafe re sidewalk cafe g. Chix Sea Grille, LLC, t/a Chix Cafe re boardwalk cafe h. Fish-N-Bones, Inc., t/a Fish Bones Cafe re boardwalk cafe i. Dandrea, LLC, t/a IL Giardino Cafe re sidewalk cafe j. Jumpin Shrimp Inc. t/a Jumpin Shrimp Cafe re boardwalk cafe k. Scrambled Inc.,t/a Scrambled Cafe re sidewalk cafe 1. Gold Key/PHR Food Services, LLC, t/a Tortugas Cafe and Tiki Bar re boardwalk cafe m. Dunes Investment Associates, LLC,t/a Station 10 Cafe re boardwalk cafe 3. Resolution to ESTABLISH a Stormwater Management Implementation Advisory Group (Requested by Mayor Dyer and Council Member Schulman)—Deferred from March 5, 2024 (SPONSORS REQUEST DEFERRAL) 4. Resolution to PROVIDE direction to the City Manager on the use of funds in Capital Project #100629, "Sports Tourism Infrastructure," and PROVIDE direction to the City Manager to create options re dedicated funding source for Arts and Culture using existing funding dedications (Requested by Council Members Berlucchi, Ross-Hammond, Rouse, Remick, and Schulman) 5. Ordinance to AMEND City Code Sections 23-2.1, 23-17, and 23-18.1 re curfews and other restrictions and regulations during civil commotion to be consistent with state law 6. Resolution to PETITION the Commonwealth of Virginia re convey certain real property to the City 7. Resolution to APPROVE a Settlement Agreement with The Adventure Park at Virginia Beach, LLC re unauthorized tree removal and to APPROPRIATE the first installment payment to Parks and Recreation—Tree Mitigation Fund 8. Ordinance to 1)AUTHORIZE acquisition of(a) 7.1f acres of land at the intersection of Wolfsnare Road and Great Neck Road; (b) 0.18t acres of land at Half Place; (c) 0.17f acres of land at the intersection of Chadwick Drive and Cambridge Drive from Lynnhaven Area Properties, LLC and Washington Square Townhouses, LLC; and 2) AUTHORIZE the City Manager to EXECUTE all necessary documents re the acquisition and the settlement of pending litigation 9. Ordinance to AUTHORIZE temporary encroachments into a portion of City-Owned property known as Stratton's Creek at the rear of 416 Goodspeed Road re construct and maintain a boat lift and a boathouse and into a City-Owned utility easement re construct and maintain riprap DISTRICT 6 10. Ordinance to AUTHORIZE temporary encroachments into the City's right-of-way known as Bobolink Drive at the front of 1060 Bobolink Drive re maintain existing hardscaping, landscaping and irrigation system DISTRICT 6 11. Ordinance to ACCEPT and APPROPRIATE $32,000 of federal pass-through funding from the Virginia Department of Emergency Management to the FY2023-24 Fire Department Operating Budget re equipment and training for the Department's Technical Rescue Team 12. Ordinance to ACCEPT and APPROPRIATE $4,000 from the Federal Emergency Management Agency(FEMA) to the FY2023-24 Fire Department Operating Budget re FEMA training stipends for certain members of Virginia Task Force 2 (VA-TF2) 13. Ordinance to TRANSFER$4,638,235 from the Tourism Investment Program (TIP) Fund to Capital Project#100486, "Winston Salem Avenue Improvements"re allow the execution of a construction contract K. PLANNING 1. SUNSATIONS REALTY, LLC for a Special Exception for Alternative Compliance re J-1 Visa Dormitory Housing for Temporary Workers at 2500 Atlantic Avenue DISTRICT 6 RECOMMENDATION: APPROVAL 2. DAOLIN DONG&JIAYIN WANG/CHARLES B. HAYES & STRAWBRIDGE COMMONS CONDOMINIUM ASSOCIATION for a Modification of Proffers to a Conditional Change of Zoning re allow retail sales and eating and drinking establishment at 2180 McComas Way,Suite 111 DISTRICT 5 RECOMMENDATION: APPROVAL 3. VIRGINIA WESLEYAN UNIVERSITY for a Conditional Use Permit re Museum at 5817 Wesleyan Drive DISTRICT 4 RECOMMENDATION: APPROVAL 4. YURVIN JUAN MORALES LOPEZ / FREEDOM LAND INVESTMENT, LLC for a Conditional Use Permit re open air market at 5070 Virginia Beach Boulevard DISTRICT 4 RECOMMENDATION: APPROVAL 5. GEORGE CUTULLE/GEORGE JOSEPH CUTULLE & VIVIENNE MARY CUTULLE for a Conditional Use Permit re residential kennel at 2760 Mulberry Loop DISTRICT 5 RECOMMENDATION: APPROVAL 6. BRANDON SHAW for a Conditional Use Permit re home occupation — retail sales at 2076 Mason Neck Lane DISTRICT 7 RECOMMENDATION: APPROVAL 7. SIREN ARTS STUDIO /RT VIRGINIA HOLDINGS, LLC for a Conditional Use Permit re tattoo parlor and body piercing establishment at 1423 North Great Neck Road, Suite 105A DISTRICT 8 RECOMMENDATION: APPROVAL 8. CECILIA M. PATTERSON/ROCKY LLC for a Conditional Use Permit re tattoo parlor at 3920 Virginia Beach Boulevard DISTRICT 8 RECOMMENDATION: APPROVAL 9. 915C PACIFIC, LLC for a Conditional Use Permit re short term rental at 915 Pacific Avenue Unit C DISTRICT 5 RECOMMENDATION: APPROVAL 10. MARIBEL JOA/MARIBEL JOA & COURTNEY A. CURRIE for a Conditional Use Permit for a short term rental at 304 280' Street, Unit 211 DISTRICT 6 RECOMMENDATION: APPROVAL L. APPOINTMENTS 90-DAY FESTIVAL TASK FORCE ADVERTISING ADVISORY COMMITTEE BAYFRONT ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION CLEAN COMMUNITY COMMISSION COMMUNITY POLICY AND MANAGEMENT TEAM COMMUNITY SERVICES BOARD GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HOUSING ADVISORY BOARD INDEPENDENT CITIZEN REVIEW BOARD MINORITY BUSINESS COUNCIL PERSONNEL BOARD RESORT ADVISORY COMMISSION SENIOR SERVICES OF SOUTHEASTERN VIRGINIA BOARD SHORT TERM RENTAL ENFORCEMENT TASK FORCE TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE VIRGINIA BEACH CANNABIS ADVISORY TASK FORCE M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 3854303 The Agenda(including all backup documents)is available at htlps:Hclerk.virginiabeach. og_v/city- council under the eDocs Document Archive. If you would like to receive by email a list of the agenda items for each Council meeting,please submit your request to TCheliusavb og v.com or call 385-4303. Citizens who wish to speak can sign up either in-person or virtually via WebEx. Anyone wishing to participate virtually, must follow the two-step process provided below: 1. Register for the WebEx at: httys://vbgov.webex.com/weblink/register/re9eO662ba478e67eac8l Idb4c8e0eab5 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on March 19, 2024. I. CITY COUNCIL'S BRIEFINGS -Conference Room- 12:00 PM A. SISTER CITIES ASSOCIATION OF VIRGINIA BEACH UPDATE Maria Weissenseel, President (Requested by Mayor Dyer and Council Member Berlucchi) B. FLOOD PROTECTION PROGRAM AND CAPITAL IMPROVEMENT UPDATE 12:15 PM Jeff Waller, P.E., Chair—Flood Prevention Bond Referendum Oversight Board Leisha Pica, Program Manager—Jacobs Engineering II. CITY MANAGER'S BRIEFING A. CITY MANAGER'S PROPOSED BUDGET 12:45 Pn1 Kevin Chatellier, Director—Budget&Management Services III. CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS 1:45 PM IV. CITY COUNCIL AGENDA REVIEW 2:00 PM V. INFORMAL SESSION - Conference Room- 2:15 PM A. CALL TO ORDER B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer B. INVOCATION C. MOMENT OF SILENCE D. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA E. ROLL CALL OF CITY COUNCIL F. CERTIFICATION OF CLOSED SESSION G. MINUTES 1. INFORMAL AND FORMAL SESSIONS March 5, 2024 2. FORMAL SESSION March 12, 2024 H. MAYOR'S PRESENTATIONS 1. RECOGNITION— Sister Cities Association of Virginia Beach 2024 Youth Ambassador—Aubrey Swain Visiting Students from Waiblingen, Germany 2. PROCLAMATION Tiffany Richardson-Harrell U Z� 49( OU.itgg�o�0E. Vrodamatton 'Glferear Tiffany Wuchardson-MarreiZ a wife and mother of two children;and W Mena. Tffany's background was deepfy rooted in a family of auto mechanics and race car drivers,Tiffanys passion for speed and racing was ignited at a young age,•and '4tA9ere= Mer journey to the racetrackwas unconventionaC stemming from a chiUkood dream fueled 6y her famdy's hidden Legacy in racing,which she ducoveredwhife delving into her genea fogy;and V,*ereae Tffany s transition from a member of her 6rother-in-faw's(Danny.YfarrelC pit crew to driving her own race car was driven 6y her unwavering determination anddesire to be more than a spectator. (Despite facing challenges such as acquiring technical knowledge and improving physicaf conditioning,Tiffany persevered,making significant f:festyle changes to prepare for her racing debut,• and 'Whereax As an entrepreneur,artist,andgraduate student,Tiffany exempfif=the 6afance between pursuing one s passion and managing other fife responsibilities;and 'Fends: Tffany,P,;ihardson-Marren is a traiififazer in the racing world,breaking barriers as the firstAfncan American female X,4SCAR driver at Langley Speedway in'Tampton,VA;and 'Whereas: Tffany's racing career is not just about competition;its about inspiring others to foQow their dreams,regardless of their bacAgroundor age.Tiffany aims to be a rote modeffor aff aspiring racers, especiaay youngAfricanAmerican girls,and 6oys,encouraging them to start small seekmentorship, andimmerse themselves in the racing community;and 'D 4em= `With her first race approaching inAprif2024,Tffany'sgoafs are cfear to stay safe,kfep her car intact and hopefully claim victory.As she continues to evolve in her racing hobby,she aspires to inspire and mentor the next generation of drivers proving that it's never too late to pursue what you Cove. 5Vow,Tfimf+m I,9?p6ert 91i. °Bob6y"(Dyer,91tayorof the City of Virginia Beach,Virginia,do hereby procfaim: Tiffany 2iihardson Mamff as the First Brack Femare Rgce car Oriver In %igirtia Beach, I call upon all citizens in Virginia Beach to join us in honoring and cefe6rating Tffany Pjchardson-lfarreflaccomplishments in the worfdof motorsports,andfor inspiring young generations of women. In'Witnw'Wirxmf, I have hereunto set my hand and caused the Offidaf Sea(of the City of Virginia Beach, Virginia,to be afficed this nineteenth Day of 9<iarch,Two Thousand andTTwenty-Four. ,�Fa461 P'00� Wp6ert 91f. "Bo66y"Dyer Wayor I. FORMAL SESSION AGENDA 1. CONSENT AGENDA J. ORDINANCES/RESOLUTIONS 1. Ordinance to DECLARE a portion of City-Owned property located at 2750 Elbow Road to be in Excess of the City's Needs and AUTHORIZE the City Manager to dedicate the property to the City of Chesapeake re bridge and road improvements 2. Ordinance to GRANT thirteen(13) Franchise Agreements for Outdoor Cafes in the Resort Area a. Dunes Investment Association, LLC, t/a The Dunes Cafe re boardwalk caf6 b. Seda Inc. t/a 21 st Street Grill Caf6 re sidewalk caf6 c. Atlantic Lobsta, LLC,t/a Mason's Famous Lobster Rolls Cafe re sidewalk cafe d. Colonial Inn VB, LLC, t/a Fishtails Cafe re boardwalk caf6 e. Fogg's Seafood Company, t/a Waterman's Surfside Grille Cafe re boardwalk caf6 f. Baja Taco's, Inc.,t/a Baja Cantina Caf6 re sidewalk caf6 g. Chix Sea Grille, LLC,t/a Chix Caf6 re boardwalk caf6 h. Fish-N-Bones, Inc.,t/a Fish Bones C66 re boardwalk caf6 i. Dandrea, LLC,t/a IL Giardino Caf6 re sidewalk caf6 j. Jumpin Shrimp Inc. t/a Jumpin Shrimp Caf6 re boardwalk caf6 k. Scrambled Inc., t/a Scrambled Caf6 re sidewalk caf6 1. Gold Key/PHR Food Services, LLC,t/a Tortugas Caf6 and Tiki Bar re boardwalk caf6 in. Dunes Investment Associates, LLC, t/a Station 10 Caf6 re boardwalk caf6 3. Resolution to ESTABLISH a Stormwater Management Implementation Advisory Group (Requested by Mayor Dyer and Council Member Schulman)—Deferred from March 5, 2024 (SPONSORS REQUEST DEFERRAL) 4. Resolution to PROVIDE direction to the City Manager on the use of funds in Capital Project #100629, "Sports Tourism Infrastructure," and PROVIDE direction to the City Manager to create options re dedicated funding source for Arts and Culture using existing funding dedications (Requested by Council Members Berlucchi, Ross-Hammond, Rouse, Remick, and Schulman) 5. Ordinance to AMEND City Code Sections 23-2.1, 23-17, and 23-18.1 re curfews and other restrictions and regulations during civil commotion to be consistent with state law 6. Resolution to PETITION the Commonwealth of Virginia re convey certain real property to the City 7. Resolution to APPROVE a Settlement Agreement with The Adventure Park at Virginia Beach, LLC re unauthorized tree removal and to APPROPRIATE the first installment payment to Parks and Recreation—Tree Mitigation Fund 8. Ordinance to 1)AUTHORIZE acquisition of(a) 7.1± acres of land at the intersection of Wolfsnare Road and Great Neck Road; (b) 0.18± acres of land at Half Place; (c) 0.17± acres of land at the intersection of Chadwick Drive and Cambridge Drive from Lynnhaven Area Properties, LLC and Washington Square Townhouses, LLC; and 2)AUTHORIZE the City Manager to EXECUTE all necessary documents re the acquisition and the settlement of pending litigation 9. Ordinance to AUTHORIZE temporary encroachments into a portion of City-Owned property known as Stratton's Creek at the rear of 416 Goodspeed Road re construct and maintain a boat lift and a boathouse and into a City-Owned utility easement re construct and maintain riprap DISTRICT 6 10. Ordinance to AUTHORIZE temporary encroachments into the City's right-of-way known as Bobolink Drive at the front of 1060 Bobolink Drive re maintain existing hardscaping, landscaping and irrigation system DISTRICT 6 11. Ordinance to ACCEPT and APPROPRIATE $32,000 of federal pass-through funding from the Virginia Department of Emergency Management to the FY2023-24 Fire Department Operating Budget re equipment and training for the Department's Technical Rescue Team 12. Ordinance to ACCEPT and APPROPRIATE $4,000 from the Federal Emergency Management Agency(FEMA)to the FY2023-24 Fire Department Operating Budget re FEMA training stipends for certain members of Virginia Task Force 2 (VA-TF2) 13. Ordinance to TRANSFER$4,638,235 from the Tourism Investment Program(TIP) Fund to Capital Project#100486, "Winston Salem Avenue Improvements" re allow the execution of a construction contract wu eel .mow` CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance declaring a portion of City-owned property located at 2750 Elbow Road in Excess of the City's Needs and Authorizing the City Manager to Dedicate the Property to the City of Chesapeake for Bridge and Road Improvements PUBLIC HEARING DATE: March 5, 2024 MEETING DATE: March 19, 2025 ■ Background: The City of Virginia Beach (the "Virginia Beach") owns a parcel of land located at 2750 Elbow Road partially located in the City of Chesapeake ("Chesapeake"), and containing approximately 384 acres, which property is known as the Stumpy Lake property. The portion in Virginia Beach is known as 4797 Indian River Road (GPINs: 1464-78-8948 and 1465-70-4777) (all the Stumpy Lake property in both cities collectively, the "Property"). Chesapeake is undertaking the Elbow Road Bridge Replacement Project, UPC 113694 (the "Chesapeake Project") and needs to acquire 523 sq. ft. (0.012 acres) of the Property as right-of-way for bridge improvements for the Chesapeake Project (the "Dedication"). Chesapeake currently owns and maintains the bridge carrying Elbow Road over the Stumpy Lake Spillway outfall (the "Elbow Road Bridge"). Elbow Road and the Elbow Road Bridge are located at the Chesapeake — Virginia Beach City Boundary Line and serve the citizens and visitors of Chesapeake and Virginia Beach. Virginia Beach owns and maintains the public right-of-way known as Elbow Road in Virginia Beach up to the east abutment of the Elbow Road Bridge. The proposed improvements on the Dedication will include a curb inlet drainage structure, concrete storm pipe, concrete curb and gutter, metal guardrail, wooden bollards, a metal gate, a concrete entrance, and earthwork along Elbow Road. Separately, Virginia Beach is in the process of implementing improvements to Elbow Road as set forth in the Elbow Road Extended - Phase IIB & IIC Project, CIP 100529, UPC 15828, CIP 100159, UPC 112317 (the "Elbow Road Phase IIB & IIC Project") with its western project limit terminus approximately 675-linear feet (0.13-mile) east of Chesapeake's existing Elbow Road Bridge. To coordinate their respective projects, Virginia Beach is partnering with Chesapeake for the replacement and raising of approximately 600 linear feet of Elbow Road (the "Elbow Road Grade Adjustment Project") between the Chesapeake Project's eastern bridge approach and the Elbow Road Phase IIB & IIC Project's western project area. The Elbow Road Grade Adjustment Project will also include the raising of the Stumpy Lake Dam crest from the east side of the Stumpy Lake spillway to the southbound lane of Elbow Road. The combined Chesapeake Project and Elbow Road Grade Adjustment Project involve replacing the existing Elbow Road Bridge with a wider, higher, and longer bridge and raising and widening the approaching road surfaces to reduce bridge and roadway closures from flooding. ■ Considerations: The Chesapeake Project will improve safety for the general public. City staff recommends approving the Dedication for the Chesapeake Project. The Chesapeake Project, the Elbow Road Grade Adjustment Project, and the Elbow Road Phase 11B & IIC Project have been designed to relieve congestion, improve traffic flow and improve safety for the residents of Chesapeake and Virginia Beach. ■ Public Information: An advertised public hearing will be held on March 5, 2024, and public notice will be provided via the normal City Council agenda process. ■ Alternatives: Deny approval of the Ordinance, or add conditions or modifications as desired by City Council. ■ Recommendations: Approval. ■ Attachments: Ordinance, Plat and Location Map Recommended Action: Approval Ak w Submitting Department/Agency: Public Works/Real Estate City Manager: /0?2 I AN ORDINANCE DECLARING A PORTION 2 OF CITY-OWNED PROPERTY LOCATED AT 3 2750 ELBOW ROAD IN EXCESS OF THE 4 CITY'S NEEDS AND AUTHORIZING THE 5 CITY MANAGER TO DEDICATE THE 6 PROPERTY TO THE CITY OF CHESAPEAKE 7 FOR BRIDGE IMPROVEMENTS 8 9 WHEREAS, the City of Virginia Beach (the "City") owns a parcel of land located 10 at 2750 Elbow Road in the City of Chesapeake ("Chesapeake") containing 11 approximately 384 acres, and known as the Stumpy Lake property (the "Property"); 12 13 WHEREAS, Chesapeake has undertaken a bridge replacement project known as 14 the "Elbow Road Bridge Replacement Project, UPC 113694" (the "Chesapeake 15 Project"); 16 17 WHEREAS, Chesapeake needs to acquire a 523 sq. ft. (0.012 ac.) portion of the 18 Property for improvements for the Chesapeake Project; and 19 20 WHEREAS, because the Chesapeake Project will improve the safety of the 21 general public, the City Council finds that it is in the best interest of the City to dedicate 22 the necessary right of way to Chesapeake for the Chesapeake Project. 23 24 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 25 VIRGINIA BEACH, VIRGINIA: 26 27 1. That City Council authorizes the dedication of 523 sq. ft. (0.012 ac.) of the 28 Property for right-of-way purposes as shown on the plat attached hereto as Exhibit A and 29 made a part hereof, to the City of Chesapeake for the Chesapeake Project. 30 31 3. That the City Manager, or his designee, is hereby authorized to execute 32 any and all documents necessary to complete the conveyance of said right-of-way, so 33 long as the documents are in substantial conformity with the terms hereof, and other 34 conditions or minor modifications as may be acceptable to the City Manager and in a 35 form deemed satisfactory by the City Attorney. 36 37 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 38 of 12024. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Public Works / Real Estate City Attorney CA16267 \\Vbgov.com\dfsl\Applications\CityLaw\Cycom32\WPDOCS\D002\P046\00935527.docx R-1 February 21, 2024 tabbies° m X Poi °D NOW OR FORMERLY CITY OF VIRGINIA BEACH D.B. 43OZ PG. 495 D.B. 43OZ PG. 490 \ c 01- M.B. 14Z PG. 72 - CHESAPEAKE \�< M.B. 161, PG. 19 - CHESAPEAKE CITY LINE ��0 002 330 #2750 ELBOWROOAD (M.B. 142, PG. 72 - CHESAPEAKE) �ny\�2 NOW OR FORMERLY N=3,443,320.23 (M.B. 296, PG. 39 - VIRGINIA BEACH) CITY OF VIRGINIA BEACH E=12,172,694.Of PROPERTY 70 BE DEACAIEO FOR 9q\mt^ D.B. 4438, PG. 294 RIGHT-OF-WA Y PURPOSES \9�y M.B. 296, PG. 39 - VIRGINIA BEACH 25.19' S23 SO. FT A4 Q011 A(7PfS GRIN 1465-70-4777 APPROX. 2~.75 MILES TO +16.71 \J CEN7ERVILLE TURNPIKE S 557143"k MON. 22.42' N=3,443,649.08 203.00' L2 +00.00 18..90 \ r. +46.26 22.25' >, E=12,173,147.53 ELBOW ROAD MON. 0 +06.77 MON. 0o COIVSTRUC77O1V BASELINE L7 17.29 ' \ 0 o N 55 08'49" 00.11 C2 C3 C4 L 4\ o N=3,443,348.73 E EXIS771VG R/W S 48'15'43" W E=12,172,779.31 0 0 o ELBOW y ELBOW ROAD CON57RUC770N BASELINE EL ,��n� P o CI o o N 475675"E o LINE TABLE VARIABLE(DTH PURL/C RIGHT-Of--WAY N o h 2 MB. 161, LINE BEARING DISTANCE PG. I9) o 0 0 0 0 L 1 S 6033 32 W 83.78 0 L2 N 570324 E 8J.34 a L3 N 5517838 E 106.40 a L4 S 4875 43 W 2529 0�1 CURVE TABLE PLAT SHOWING CURVE RADIUS ARC LENGTH CHORD LENGTH CHORD BEARING DELTA ANGLE TANGENT PROPOSED RIGHT OF WAY CI 1,250.00' 157.29' 157.18' N 513232"E 772'34" 78.75' FOR C2 4,612.43' 46.17' 46.17' S 5309'05" W 03425" 2309' THE CITY OF CHESAPEAKE C3 6,420,06' 202.94' 202.93' S 51b9 31" W 148'40" 101.48' TO BE DEDICATED FROM TAX PARCEL #0390000000330 C4 6,420.06' 142.70' 142.69' S 505323" W 1.16 25" 71.35' OWNED NOW OR FORMERLY BY �pj,TH op CITY OF VIRGINIA BEACH �qi ELBOW ROAD BRIDGE REPLACEMENT CHESAPEAKE, VIRGINIA \\ SCALE: 1" = 50' DATE: DECEMBER 27, 2022 STEPH EARCE It.Li. Na. 002453 PRECISION MEASUREMENTS, INC. REVISED.- 10-24-2023 PER CITY COMMENTS, CHANGE TO DEDICATED" WWW.PRECISIONME,4SUREMENTS.COM 0 8-9-2023 777LE REPORT SURVEYORS" GPS • 3-D SCANNING •MAPPERS p Su P'N ,� 4-14-2023 PER CITY COMMENTS 770 LYNNHAVEN PARKWAY, SUITE 240 VIRGINIA BEACH, VIRGINIA 23452 (757) 368-0945 BY. DATE. 0 50 100 150 FEET SEE SHEET 2 FOR NOTES, TABLES, CER77nCA770NS AND LEGENDS DIRECTOR OF PUBLIC WORKS CITY OF CHESAPEAKE, VIRGINIA GRAPHIC SCALE SHEET 1 OF 2 PROJECT I.- 18230 FILE.- ELBOW ROAD CHES LINE PLAT PARCEL 001 AREA TABLE LEGEND EXISTING PARCEL AREA 16,728,042 50. FT OR 384.023 ACRES PROPERTY TO BE DEDICATED FOR 523 SQ. FT OR 0.012 ACRES 00.00' STA77ON AND OFFSET FOR DENOTES PROPERTY TO BE RIGHT-OF-WAY PURPOSES +00.00 PROPERTY TO BE DEDICATED FOR DEDICATED FOR RIGHT OF-WAY PURPOSES RIGHT-OF-WAY PURPOSES RESIDUAL PARCEL 16,727,519 SQ. FT OR 384.011 ACRES MONUMENT LEGEND ■ MON CONCRETE MONUMENT SET NOTES 1. THIS PLAT IS BASED ON VIRGINIA STATE PLANE COORDINATE SYSTEM, SOUTH N,TH OF PLAT SHOWING ZONE, NAD 1983/1994 (HARN). COORDINATE VALUES SHOWN ARE EXPRESSED PROPOSED RIGHT OF WAY IN U.S. SURVEY FEET THE CITY OF CHESAPEAKE CON7ROL REFERENCE POINTFOR USED TO NUMBER 103 ESTABLISH THE COORDINATE VALUES SHOWN HEREON IS STATION \ z THE CITY OF CHESAPEAKE �STEPH PEARCE a TO BE DEDICATED FROM TAX PARCEL #0390000000330 2. PROPERTY LINE AND RIGHT-OF-WAY INFORMATION IS BASED ON PLATS, DEEDS. 002453 OWNED NOW OR FORMERLY OF RECORD, AND ACTUAL FIELD MEASUREMENTS THIS PLAT DOES NOT BY REPRESENT A BOUNDARY SURVEY v�l°� CITY OF VIRGINIA BEACH J. THIS PLAT IS INTENDED FOR DEDICA77ON PURPOSES ONLY AND DOES NOT SUR ELBOW ROAD BRIDGE REPLACEMENT CONS7ITUTE A SUBDIVISION OF LAND. CHESAPEAKE, VIRGINIA REVISED: 10-24-2023 PER CITY COMMENTS, CHANGE TO DEDICATED" SCALE: 1" = 50' DATE: DECEMBER 27, 2022 4. PROPERTY TO BE DEDICATED BY DEED. 8-9-2023 777LE REPORT 5. THIS PLAT WAS PREPARED WITH THE BENEFIT OF A 777LE REPORT PREPARED BY 4-14-2023 PER CITY COMMENTS PRECISION MEASUREMENTS, INC. JAMES E. RINEHART DATED MAY 15, 2023 AND DOES NOT SHOW ANY PHYSICAL WWW.PRECISIONME4SUREMENTS.COM IMPROVEMENTS SURVEYORS• GPS • 3-D SCANNING •MAPPERS 770 LYNNHAVEN PARKWAY, SUITE 240 6. SOURCE OF 777LE AND LAST PLACE OF RECORD. DEED BOOK 4302, PAGE 495 VIRGINIA BEACH, VIRGINIA 23452 AND DEED BOOK 4302, PAGE 490, RECORDED IN THE CLERKS OMCE IN THE (757) 368-0945 CIRCUIT COURT IN THE CITY OF CHESAPEAKE, NRGINIA. BY.- DATE 0 50 100 150 FEET 7. PARCEL AREA TAKEN FROM REAL ESTATE ASSESSOR WEB PAGE. DIRECTOR OF PUBLIC WORKS CITY OF CHESAPEAKE, VIRGINIA GRAPHIC SCALE SHEET 2 OF 2 PROJECT J.- 18230 FILE ELBOW ROAD CHES LINE PLAT PARCEL 001 � � N �N�Ee ✓ W E s SITE �Z v G�BSpN CD rc AHR'�RRO ° o STUMPY LAK v�. ri 0 300 600 Fee Legend CITY OF VIRGINIA BEACH City of Virginia Beach ELBOW ROAD GRADE ADJUSTMENT PROJECT Elbow Road Grade (CIP 100529.002) Adjustments Project Area AND City of Chesapeake Elbow Road CITY OF CHESAPEAKE Bridge Replacement ELBOW ROAD BRIDGE REPLACEMENT PROJECT Project Area (UPC 113694) City of Virginia Beach C Properties LOCATION MAP Prepared by P.W./Eng./Eng.Support Services Bureau 02/14/2024 X:\CADD\Projects\ARC Files\AGENDA MAPS\Elbow Rd Phase IIB\ Elbow Rd Phase IIB VA.Beach and Chesapeake Aerial.mxd H.�O ff I' CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Granting Thirteen Franchise Agreements for Outdoor Cafes in the Resort Area PUBLIC HEARING: March 5, 2024 MEETING DATE: March 19, 2024 ■ 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 has developed a franchise agreement for the regulation of outdoor cafes, which the grantees are required to execute as a condition of the grant. The City Council has traditionally granted initial franchises for one-year terms. If an outdoor cafe is successfully operated during the initial one-year term, the franchisee may return to Council upon the expiration of the one-year term and request a five-year franchise agreement. ■ Considerations: The following two entities are seeking one-year franchise agreements: 1) Dunes Investment Association, LLC, t/a Dunes Cafe, for a boardwalk cafe; and 2) Seda Inc., t/a 21st Street Grill Cafe, for a sidewalk cafe. The following eleven entities have successfully operated outdoor cafes pursuant to either one- year or five-year franchise agreements and are seeking franchise agreements for five-year terms: 1) Atlantic Lobsta, LLC, t/a Mason's Famous Lobster Rolls Cafe, for a sidewalk cafe; 2) Colonial Inn VB, LLC, t/a Fishtails Cafe, for a boardwalk cafe; 3) Fogg's Seafood Company, t/a Waterman's Surfside Grille Cafe, for a boardwalk cafe; 4) Baja Tacos, Inc., t/a Baja Cantina Cafe, for a sidewalk cafe; 5) Chix Sea Grille, LLC, t/a Chix Cafe, for a boardwalk cafe; 6) Fish-N-Bones, Inc., t/a Fish Bones Cafe, for a boardwalk cafe; 7) Dandrea, LLC, t/a II Giardino Cafe; 8) Jumpin Shrimp Inc., t/a Jumpin Shrimp Cafe, for a boardwalk cafe; 9) Scrambled Inc., t/a Scrambled Cafe, for a sidewalk cafe; 10) Gold Key/PHR Food Services, LLC, t/a Tortugas Cafe and Tiki Bar, for a boardwalk cafe; and 11) Dunes Investment Associates, LLC, t/a Station 10 Cafe, for a boardwalk cafe. ■ Public Information: A public notice was published in The Virginian Pilot on February 25, 2024. ■ Attachments: Ordinance, Disclosure Forms, Cafe Location Maps and Photos, and Plans and Elevations__ Recommended Action: Adopt Ordinance Submitting Department/Agency: Resort Management Office /M/ City Manager: ipw 1 AN ORDINANCE GRANTING THIRTEEN 2 FRANCHISE AGREEMENTS FOR OUTDOOR 3 CARS 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 cafe owners and operators to keep pace with 10 current standards in construction, design and materials; and 11 12 WHEREAS, the City has developed a franchise agreement for the regulation of 13 outdoor cafes, which the grantees are required to execute as a condition of the grant; 14 and 15 16 WHEREAS, the City Council has traditionally granted initial franchises for one- 17 year terms; and 18 19 WHEREAS, if an outdoor cafe is successfully operated during the initial one- 20 year term, the franchisee may return to Council and request a five-year franchise 21 agreement; and 22 23 WHEREAS, the following two entities are seeking one-year franchise 24 agreements: 1) Dunes Investment Association, LLC, t/a Dunes Cafe, for a boardwalk 25 cafe; and 2) Seda Inc., t/a 21St Street Grill Cafe, for a sidewalk cafe; and 26 27 WHEREAS, the following eleven entities have successfully operated outdoor cafes 28 pursuant to either one-year or five-year franchise agreements and are seeking franchise 29 agreements for five-year terms: 1) Atlantic Lobsta, LLC, t/a Mason's Famous Lobster 30 Rolls Cafe, for a sidewalk cafe; 2) Colonial Inn VB, LLC, t/a Fishtails Cafe, for a 31 boardwalk cafe; 3) Fogg's Seafood Company, t/a Waterman's Surfside Grille Cafe, for a 32 boardwalk caf6; 4) Baja Tacos, Inc., t/a Baja Cantina Cafe, for a sidewalk cafe; 5) Chix 33 Sea Grille, LLC, t/a Chix Cafe, for a boardwalk cafe; 6) Fish-N-Bones, Inc., t/a Fish 34 Bones Cafe, for a boardwalk cafe; 7) Dandrea, LLC, t/a II Giardino Cafe, for a sidewalk 35 cafe; 8) Jumpin Shrimp Inc_, t/a Jumpin Shrimp Cafe, for a boardwalk cafe; 9) 36 Scrambled Inc., t/a Scrambled Cafe, for a sidewalk cafe; 10) Gold Key/PHR Food 37 Services, LLC, t/a Tortugas Cafe and Tiki Bar, for a boardwalk cafe; and 11) Dunes 38 Investment Associates, LLC, t/a Station 10 Cafe, for a boardwalk cafe; and 39 40 WHEREAS, the Office of Resort Management recommends that the above- 41 named entities be granted outdoor cafe franchise agreements. 42 43 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 44 VIRGINIA BEACH: 45 46 That the City Council hereby grants one-year franchise agreements to: 1) Dunes 47 Investment Association, LLC, t/a Dunes Cafe, for a boardwalk cafe; and 2) Seda Inc., 48 t/a 215t Street Grill Cafe, for a sidewalk cafe; and 49 50 That the City Council hereby grants five-year franchise agreements to: 1) Atlantic 51 Lobsta, LLC, t/a Mason's Famous Lobster Rolls Cafe, for a sidewalk cafe; 2) Colonial 52 Inn VB, LLC, t/a Fishtails Cafe, for a boardwalk cafe; 3) Fogg's Seafood Company, t/a 53 Waterman's Surfside Grille Cafe, for a boardwalk cafe; 4) Baja Tacos, Inc., t/a Baja 54 Cantina Cafe, for a sidewalk cafe; 5) Chix Sea Grille, LLC, t/a Chix Cafe, for a 55 boardwalk cafe; 6) Fish-N-Bones, Inc., t/a Fish Bones Cafe, for a boardwalk cafe; 7) 56 Dandrea, LLC, t/a II Giardino Cafe, for a sidewalk cafe; 8) Jumpin Shrimp Inc., t/a 57 Jumpin Shrimp Cafe, for a boardwalk cafe; 9) Scrambled Inc., t/a Scrambled Cafe, for a 58 sidewalk cafe; 10) Gold Key/PHR Food Services, LLC, t/a Tortugas Cafe and Tiki Bar, 59 for a boardwalk cafe; and 11) Dunes Investment Associates, LLC, t/a Station 10 Cafe, 60 for a boardwalk cafe. 61 Adopted by the City Council of Virginia Beach, Virginia on this day of 12024. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY.- Resort Manage nt City Attorney's Office CA16420 R-2 February 29, 2024 ;.r Virginia Beach APPLICANT'S NAME Dunes Investment Associates, LLC - d/b/aThe Du� .r X,kf pv w rrl S cA E 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 I Exception for (EDIP) Changes Board Zoning Aeatsis Encroachment Request Rezoning Certificate of Floodplain Variance I 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 s 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 nfeeting that pertains to the a lication($). APPLICANT NOTIFIED OF HEARING DATE: NO CHANGES AS OF DATE: REVISIONS SUBMITTED DATE: E4 I t 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: Dunes Investment Associates, LI If an LLC, list all member's names: Lyons Family Asset Protection Trust, Octo, Inc./Thomas J. Lyons, Jr. Rev. Trust, Timothy J. Stiffler, Marcus B. Lewis, Fred & Patricia Russell 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 z relationship with the Applicant: (Attach list if necessary) Coastal Hospitality Associates, LLC (Management Company) See next page for information 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. 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: ® H� Page 2 of 7 I i v m 0. Ili: j Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, i etc. below: (Attach list if necessary) I i i i (B) List the businesses that have a parent-subsidiary or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or Indirectly owns shares possessing more than 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 (Ifi) 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 subiect 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 i I Page 3 of 7 I I i APPLICANT Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) Accounting and/or preparer of BDO Norfolk,Virginia your tax return Architect/ Landscape Architect/ WPL, &Saunder&Crouse, PC Land Planner ❑ a 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) aConstruction Contractors Hoy Construction, Inc. Norfolk,VA aEngineers /Surveyors/Agents MSA Virginia Beach,VA Financing (include current Towne Bank Norfolk © ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) a1-1 Legal Services Kaufman&Canoles, PLC Norfolk,VA 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 ❑ � 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 4of7 i 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 Application. Christopher W. Brown 03/05/202 APPLICANT'S SIGNATURE PRINT NAME DATE 3 I I i� i {i 1 Page 5 of 7 1 I 4 c" OWNER Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if F needed) Accounting and/or preparer of BDO Norfolk,Virginia your tax return Architect / Landscape Architect/ WPL,Virginia Beach,VA Land Planner Saunders&Crouse, PC VA. Beach ❑ © 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) zConstruction Contractors Hoy Construction, Inc. Norfolk,VA ZEngineers/ Surveyors/Agents MSA Virginia Beach,VA Financing (include current Towne Bank Norfolk ® mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) a ❑ Legal Services Kaufman&Canoles, PLC Norfolk,VA 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 6 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 Application. J ' 6�. , Christopher W. Brown 03/05/202 PROPERTY OWNER'S SIGNATURE PRINT NAME DATE i 1� i I i 3 Page 7 of 7 901 Atlantic Ave, The Beach Club Cafe 1001 1321-CAFE i t 9214401 921- i a 921-1 910442 y 921-1201 M-1101 921..11i12 t n, �t 921-1002 � 9Qi-1001 921-902 r. 11 921.901 Atlantic Ave } "1-607 921-M 921-M 9r-102 + .� 921..M 9214M ! 915-0 904 921.601 9214M2 " s 90t0001 1921 501 921-40Q t sot M-401 sr-302 921 301 900 921202 }� 921-201 1 9134) 901-0002 809-102 fl49.212 1129/2024, 4:30:58 PM 1:1,128 0 0.01 0.01 0.03 mi City Boundary .nr __ Parcels Primary Address Point Label -- - T - --1- ----- 0 0.01 0.02 0.04 km Address Point Condos ®CHy of Virginia Beach Primary City of Virginia Beach Center for GIS ®City of Virginia Beach �� ., �»___.-, . _" � �" im1NIlNlllllitl� .._ _. �._ .-- -� .�W,,. 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C6`llPttdR 6.SP¢EAE PoR N]t3Y11."6 Ali IOtrY�df __ x.ALL PI1VIf�}wLL 62 Tylp W A aO'fN Of a IIaRS � �K r ;wKA—TudonO�niu_� iiivilmiWw. ._.--iaaRlo�M�:A.P�n4 �� - n GENERAL PLANTING NOTES n lA0 PfIA , wKwow.. wAwwlw A � - �nPaa �—vRIME II�Sad�aNGE / wxALsw cxx�vxEs EA�.xrt rnsovEreasvm MfIAY IAEE b'iPIA i.VENNEAE e-taAaEA�srAl¢®rr.� 6SW eaaKl$ Sd aMileeC YAtn AY><r MYAi Ai CRpvClR rBHf.MUdl LdlC61 CRBURO19Gn rK(niP„ rd OA6YRC YIAM RIPE rd derwrelMdA}f�E fC0111MIlOI1SIffO; OalPI AT TAIWp aAr AT S19A +M(C St�ED(£NrP 6iNKe Al➢r U.0�TEMiE 1• RBtWF eI1RJi FlIONTgA6 RBgYFCORMBI ABOVEFl!eR:rs MAGI a4tll&1VENwKE) yiwTpCaT wApKp(ifAR RMSrKD W1E R4SHED OFnJxE ^' .s..`!h>• � sGv mm'r++ID TOH➢7 }'(`4'%h^}F•. u. Wf - REN)YE CONiMlEe of RODE Mli ��IxlaeApaE09�ElO11K 2-7X OWN \—w+tAAr®FouuMK umLTFve® B19LLZF reeRuwAca}o OF ROOT RNL IRaFnrl®ao4DnelK rce�raEslns �B1 PLANT METHOD 1 pEWEMIE sat �C1 PLANT METHOD 3 E D �p1PLANT METHOD 4(STEEL EDGE) u.o NrK ao uxs I w 1 wn PLANT PALETTE rRb y n 4 - a SUNPAVENS/SPMNG 4" PANSY'S/PMLIAII) YAVPON Np1Y(IC) ROYAL PURPLE LILYTURF(LR) RIAGC EYED SUSAN IRSI AUTUMN FIRE SEDUM(SA) WINDMILL PALM(TF) FULAUA GRASS(MU PLANTING DETAILS SPRINGHILL SUITES OPEN-AIR CAFE 901 ATLANTIC AVENUE,VIRGINIA BEACH,VIRGINIA 23451 223-0041 COASTAL HOSPITALITY ASSOCIATES I WPL LANDSCAPE ARCHITECTS-LAND SURVEYORS-CIVIL ENGINEERS SEPTEMBER 22,2023 6 K 4 N a mr/r, y.Aq CJtlhkM I ■ A�x11:i4i.. \\\\\\\\\\\\111NIIINIililll/ '- ow P,nnIlllBiP'il ftllllllllNn. ` , n y� �!l� � _x',,�' b', q4,' i •X a'.- "' . yj • \ 4 w - • I SITE PLAN&ELEVATIONS p� SPRINGHILL SUITES OPEN-AIR CAFE 4 901 ATLANTIC AVENUE,VIRGINIA BEACH,VIRGINIA 23451 222 2041 COASTAL HOSPITALITY ASSOCIATES I WPL LANDSCAPE ARCHITECTS-LAND SURVEYORS-CIVIL ENGINEERS SEPTEMBER 2 , 023 EX SM P�TM2'-5' to I � M 'm •�� T 0-J •NTT- 777� I - -- -; -L—A 1r - -, a -_ - 1 Q eulLDIM 45'-5' 37'-6' 51'-6" 46'-0' 4 $ LAYOUT&DIMENSION PLAN SPRINGHILL SUITES OPEN-AIR CAFE 901 ATLANTIC AVENUE,VIRGINIA BEACH,VIRGINIA 23451 223-0041 COASTAL HOSPITALITY ASSOCIATES I WPL LANDSCAPE ARCHITECTS-LAND SURVEYORS-CIVIL ENGINEERS SEPTEMBER 22,2023 '" Ex BIKE PATH war � wwaBBBlw RBY Io+ /rtr ° r QP�N-AIRCAFE EICit A�HM NT I I Ilualim m. .a; - - - -1 I T I ' L k 1EEl E°RM r j _I F l i ®,__. .-��-- I . �11•._ 1 la M W 19f./IlR0W IPIANI,,SCHEQULE PLANT PALETTE ,MoertIMwMIUB i•wr» — wlsr,wa I, — I pw I I i I - - aw,r • RII,w! IILL rwR�W 1w,�-��IOLII� '®11M '.wTwO w1Yw W'wlRl° .» u,l,�WR ',eir,reneu aa7► i16+w aw„a 1 .ms•iili0 1 6AASS IMU I �.__...__. SUNMTIQfS/SPRING(ALA) wANSY'S1fALL AA) AL BP(E L., w uswriwleRwiir-_""teiianw,�riifA' w•I�AI - J.Am '�ra�-*a tiTi'fiiTi'iw me.R a _ �. ws_ • �.- -y ,Y-',bR1/r�Yntiwlw Y�uRItlaYMrW aR�R1 RW TRM! '.. ^• ' 2Ne2T i � � ..• ..✓�" rf�y. '�R• ql 1WR,�--.. tidlrw ! NIM wwm „YYw W"1lRw r _ wl .tl�-._-'I:.Yt�MYr iM.�ll R►,L A,IG .- �,."ww-"��33.�*,1��y .16..�RYrt•III�iR MIR1wF®R Iwn.,ro RaA - 1}.IIm.. � t• . ✓° 'V BLACK EYED SUSAN(AS) AUTtIOM N1l SB111MM MANDMILL►ALMfM PLANTING PLAN,SCHEDULE,&PLANT PALETTE SPRINGHILL SUITES OPEN-AIR CAFE 223-0041 901 ATLANTIC AVENUE,VIRGINIA BEACH,VIRGINIA 23451 COASTAL HOSPITALITY ASSOCIATES I WPL LANDSCAPE ARCHITECTS-LAND SURVEYORS-CIVIL ENGINEERS SEPTEMBER 22,2023 ° Sc da , To C. , :W- Virginia Beach APPLICANT'S NAME y �' 'n � /L9(n U:)� 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 inforufa public officials who may vote on the application as to whethei, they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE ro c:r,t 9tyt.a--9 z , :r: i _,r; tr :•.r, , Page 1 of 7 t1k is+f(e1' !"i7;L.1 HU(.9:W.G)5Aq,bit' F- _ rL Virginia Beach 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. _ � � �- V► C , (A) List the Applicant's name:SAMET YUMUSAK " ........ ) If an LLC, list all member's names: SAMET YUMUSAK 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 olt►y if property owner is different from Apalicant. 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 na me:OCEAN HORIZON PROPERTIE: If an LLC, list the member's names: NABIL D. KASSIR & DEBORAH M. KASSIR Page 2 of 7 W,', 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) BRAVA, LLC, OCEAN HORIZON PROPERTIES OF FL, LLC, KASSIR INVESTMENT COMPANY, INC, MENU & MANAGEMENT CONSULTANTS, ALDO'S, INC, BIRDNECK ASSOCIATES, LLC, 620 19TH STREET, LLC, 29TH STREET ASSOCIATES, LLC 1 Parent-subsidiaryrelationship" means "a relationship that exists when one corporation P" p 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 (fiq 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 ub'ect_.of the application or M 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 N,,,,, )B APPLICANT Virginia Beach YES FNO SERVICE ( PRO IV DER(use additional sheets it needed) ® El your and/or preparer of A-Z BOOK KEEPING your tax return ® ® Architect/ Landscape Architect/ REICH ARCHITECT Land Planner ❑ ® Contract Purchaser(if other than the_A licant)-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 WARREN&ASSOCIATES 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 C,.f Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement F]hb complete,true, and accurate. I understand that, upon receipt of notification that the application scheduled for public hearing, I am responsible for updating the in provided herein two weeks prior to the Planning Commission, Cou meeting, or meeting of any public body or committee in connectionA lication. SAMET YUMUSAK APPLICANT'S SIGNATURE PRINT NAME Page 5 of 7 W"'t OWNER Virginia Beach PROVIDER(use additional sheets if YES NO SERVICE —� _ 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 El ® purchaser of the subject property (identify purchaser(s)and purchaser's service providers) _ El ® Construction Contractors _ ❑ ® Engineers/Surveyors/Agents Financing (include current ® mortgage holders and lenders El 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 6of7 V' ' B" Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate, z 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. — NABIL D. KASSIR 3/5/2024 PROPERTY OWNER'S GNATURE PRINT NAME __ _ DATE Page 7 of 7 200 21 st St, 21 st Cafe a r q Z a M l"1 215 S! n+ 11ST' S1 00, 30'&10b • 200 21 st St M 106 a r 1/31/2024, 7:40:19 AM 1:282 ..m.,•... 0 0 0 0.01 mi City Boundary Address Point 1w a 0 0.01 0.01 km Parcels Primary ®City of Virginia Beach Primary Address Point Label City of Virginia Beach Center for GIS 0 City of Virginia Beach i a } r IPL ow *no... r i s AMININAL .. _ s r !1► v"11ji l-f?tgi , Adopted by City Council on October 20,2020 RESORT AREA OUTDOOR CAFE BOUNDARY MAP 35SN a� v# ,SKIN ROAD 2!0%s, L Y am NORFOLK AVE BOARDWALK CAFES -- - SIDEWALK CAFES-ATLANTIC TO PACIFIC g aSM-tw A` SIDEWALK CAFES-WEST OF PACIFIC RESORT AREA CAFE ELIGIBLE PARCELS N o Ot 0.2 04 oe f I 1 I r EXISTU,BUILDING FABRIC.ROOP ON METAL - TUBE 7RZ6 6 Y-9.O.C. yi . 'ETAL TUBE PURLiNS BETUEEN a F _ TRL55E5 45 REQUIRED I TO mw 4•'T. '��T" 4�-T" 4+1"lo �..� J...i' 21sS11L'ELET 1 ..MIL TIRE LEDGER ...i� .'b' !*>u.eaww`•`"^- , METAL ORDER EXBTNG BINLD9G "..euY.. ..•. li' �..._...��W._ +, . �:METAL MW wnmR... BRACE FA9CIR AL ATLANTIC AVE ELEVATION 21st ET ELEVATION J I " S._IRE.. ELE ON 'U O Li W a ' I]C � u."Y..l LLI _� 4 uu m°'mORueamawwa eR"aaw�rmo �� . fJU .—_______---------------- _____----_------___ _ Q ? .. � Q IRIOP MYI6 ( ` V.... � �a+.w w! wr "yr• rr_! "w! rww raw $ n+w r-+w fiY 4 1•T - NISI 5T gYY1L1! !"RYtI , gtln —��E�NG PLAN FLOOR PLAN All E - This is to aeruty that I w October 1 2023 earnyrd the property shown Is,this plot,ono Mof the title Ibes=the rear of the burdnge are shown w this plat. The baidfngs stand MMtn the tittle heel and 1 Mae are eroachments of other buNd'gs w the property--pt-shorn C—of Not- I.This surroy Y based an a plot r-rded n the C7erN'.0HIae of the ckwft court at the City at WgMb Baach.Wghb b Mop Book 13 Pogo 24, a INS survey eos Prato-d withaW the Wneflt of a comet till.W_oad tl-s not title Ipt 10 depict W p �!• title matters,and eaaemnts currently oflxtbq the,property I, H.C. WAR N III s1j 1 me aklsfenoe.t-V-d.,boeerdw.Oast-a-dergraand WHI..Wye nether k._Uoated--&-d 1 Lk.Na.24 2192 j doming the pafdm—of this eu K 1 I-�- 4 By e..tod mop Io-tlon and graphic ptottbg ordy,the Property showw hereon appears to Ile wlthb Rood Me X as Mown On the Notiand Flood Asuronce Pragram's,Flaad or—Rate Yaps•camrn ll � 515331 PI t e -of 02LA wt ,ad -,is,."I% 5. un y-m ba We rwy sas pard for the..I.and exduslsa hmeet of the entitles Nast, end Noll not be ^ sled upon by any other entity or hom"rham _Ne madB-lion a reproduelion of this doeumsnt �• m y be made r"`aof the aitt-permbebn at Warn and Associates,PC 1 iN l Y EXISTING CONDITIONS PROPOSED OUTDOOR CAFE IMPROVEMENT 21a STREET rbm¢MV oaAMW AVENUE list STREET so'RIR1T of WAY FQMAERLY oELAwARE Avfp,E MAP BObO i PACE 2oB eb•fitw or WAY YAP 6000 1 PACE MB 1 _ m _ --- __ _. ssn .,•-r.� � �E.'��,_t.�, aeafsrtk -�- .., -I.. Tp9 .1.�- ��- _. N .x#tfMAk �T 8`;•5mi MNT LI6 \. w tt', posseaLk FOUNb ! 90.00' Sp - L #'""` .. N 97Y3'00'E—► Y LVH raee(a +�jl .- �a eO14 .9 A r No Sao' ;':2.' s-- EriOuiD d i- "' mnmc siwY LPl>s 1r PARC'El 4 aw t-573PY N.COI - t �I} PrMEIItIY Let[J BIAfBIAG Ars W is WALL 10'EASEWIlT_ MV a"]Sic PABCE IJW W'� Op t y YAP @Ock 1]PACE TB $ YAP BOok 1]PACE M , < WALL Ln+E t-SMR,etntx z�" et 6 u27 is,MM 8 l µ u ' V.. ! AML)O46WEA Log wIlFlIfm - "a d G o LEGE71a o z Q Z RTaNTfXJ ' ASPHALT PARMW AREA = PARCH A + WAY 1pE Ot3o 9=MI.PALE IM# }r. o+ oeaL NotL('RoHDrrY CAIA/e u Sm YAP BOOR 1]PACE Te GPN 1e2>iB 3.Y ® PACER SIOEIGLR Fo2a) ' i d coolmTE I i N ' NAM1 -.'"�-=^• � ,.-_,10 W LRIE t selEE7 �. � .• ASIeRAL7 PA/EY[N7 - NafID' - xiQ0• (rincAtl F� SrREEf Ot:ei ,.',�'..' {f STREET IAIP s er.3'tla'r MOB' p SSCY1 SANTMY$EMIR CtEANWT 2-smor,&ttf2(BIAtoNYC I, fT.WFACE Y Wn VNAT 'VA WEAGf ell.a�- I ._ uAPA¢Iza eocvfPAgE a ea.Twans EXI5IING CONDITIONS PLAN SHOWING Now tie r WSI`R- NT-LLC 1RiFb PROPOSED AWMNC OF. eniRBYEMi NtAeBER (10•SYt:WptE) ...._. -_....- 2w3mo/OWeMt `NA.1 Lew r2rtE PARCEL A AND PARCEL B YAP t1M 13 PACE 26 (1NH ?"SCREEs",G) EPev 24T7 78 4M7 DEED BOOM(3514 PAGE iJJ6 © A MAP BOOK 13 PACE 26 NRGIIWA BEACH. VIRGWIA © AWAW p EXCLUSIVELY FOR. 21st STREET GRILL SEDA INC GRAPHIC SCALE SCALE: 1"m?0' OCTWER J, 2023 r �0 _WARR3EM 4a' pSSO TRB. Pc j1 t0 i367 S..AIYD 3L.TRV�YOF23 3933 Indian River Rood ` �•"`� WgMlo Beach• VlryhM 757-471-0572 lyirgi C LO I-Ack W� c APPLICANT'S NAME M4�nr s �ttvltovs l.l � Q�I1u 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 pvv']bIllk off ikfak ha, May vote ed" the application a5 to whether v, irgi is-, [ �wr' SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page 1 of 7 Plannin Commission and City Council meeting that .-rtains to the a lication(s). APPLICANT NOTIFIED OF HEARING DATE: 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 IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:_ �L If an LLC, list all member's names: U Deb v `� l.� �1�� 1 rl O N G4r(J 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) LXA/,_ �- 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 NOTa 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. LC (A) List the Property Owner's named _l 0_n � Sul' _ t' I If an LLC, list the member's names: Page 2 of 7 W' ' _ 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 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 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 3of7 w-"; APPLICANT Virginia Beach YES FO SERVICE PROVIDER (use additional sheets if ], needed) Accounting and/or preparer ofEl 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 proposed �j( purchaser of the subject ect property (identify purchaser(s)and purchaser's service providers) Construction Contractors t `kt 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 Elcontingent 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 ,X-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 weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. APPLICANT'S NATURE PRINT NAME DATE Page 5 of 7 W, ' OWNER Virginia Beach NO - SERVICE PROVIDER (use additional sheets if [YES] needed) ❑ ❑ Accounting and/or preparer of your tax return ❑ Architect/ Landscape Architect/ Land Planner Contract Purchaser(if other than 1:1 El 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 ❑ El 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 7 600 Atlantic Ave, Mason Famous Lobster Rolls TVA 5 71 5T 9 a n 600 Atlantic Ave 1/29/2024, 3:36:27 PM 1:282 0 0 0 0.01 mi City Boundary - r 0 0 0.01 0.01 km Parcels ®City of Virginia Beach City of Wpm Beach Center for GIS 0 City of Virginia Beech I q_ -EF; 1' .r ............ !i ( �i � � a r lvec%A 1 n 1 /5/2024 12:58 201 -235 Seventh St • Virginia Beach t �F� ep s�'"��'�+ `:c'� �.,. - ,,sry"�,T,l'� ,�,-, r a':>. ..:��.y.s _ �,x++s•4 tv ,r�.e ��p �'t ah y� Mir APPLICANT'S NAME ��n�-a.. s V -� , 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 fora are necessary to inform public officials who may vote on the application as to whether they have a, conflict of interest under Virginia iaw 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). Q APPLICANT NOTIFIED OF HEARING DATE: O NO CHANGES AS OF DATE: REVISIONS SUBMITTED DATE: +3 s x + z i A a t tit ,. s41 '.t 7 +� ,; _ .Cx f(x.,.f .a-4�-r .fir. i'' ,�+t�.'49'+'t,c'ag r»9,,t_ mac.; s-.rum-.a�• A d 5��.�. `/i .. �� '� °�. dc5.', .. 12g1I118$eaCl' Check here if the APPLICANT IS NOT a corporation, partnership, .firm, business, or other unincorporated organization. aCheck here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:_oltzri��1_ ►�r_�__� _�-1-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) 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 0: �� SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only it 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:Best Kith Hawk, LLC If an LLC, list the member's names: Michael J Standing Jr. Page 2 of 7 h _« y 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) Chix Sea Grille, LLC ; Foggs Seafood Company ; Crushfest LLC; Festival LLC; Pacific Ave Company 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 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 ;Y'C+ aF- 1 an ': 4��*_. !� ;s � �n 'f• i:` r .2 -.f3., � �; d �;: 75; ,'��1 z:Ffa 1 ��,�+ �� .xIRRF1''r��`L APPLICANT J VixginiaBea&- YES FN SERVICE PROVIDER (use additional sheets if needed) n Accounting and/or preparer of L�J your tax return © Architect/ Landscape Architect / Land Planner Contract Purchaser(if other than n 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 ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) nLegal 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 CERTIFICATION: 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. V S k 6u 3 5 I; APPLICANT'S SIGNATURE PRINT NAME DATE Page 5 of 7 i+{firyf. ,`Y .� - �`n p OWNER VirginiaBeaeb YES[ ] FN 0 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 F7 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) Al Construction Contractors F7 Engineers / Surveyors/ Agents 1/\1Financing (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 / ❑ F7 Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST 6Y 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 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 ,rf �..sr pt�=„ ;s CERTIFICATION: 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, Michael J Standing Jr 315-faody i PROPERTY OWNER'S SIGNATURE PRINT NAME DATE Page 7 of 7 An*r 139Hotels LLC lBarelaa•TagerMaonaemeat C 909Atlantic Ave.Vim=Bewh,%A 23451 8845-9230 Atludie Sees LLC Tropical Smoodlies 2209 Laskin Rd Ste 108 MoVinia Bewb,VA`U51-3017 87-4442125 Bwcky Tatters(Towne) Barclav Hotel COMMubon 809 Atlantic Are N'ugmw Beach VA 23451 N-0579230 r rtiR� rM 3JYli Colonial Inn t8 LLC Ramada Plain MW ACcannt) 12W9 Atlantic Ave Vkginia Beach VA 23451 87-3 207938 colonial l=CB LLC IR=Wa Pim(Old Ae o=) 12809 MIsMe AWMinmra Beach VA 23451 S7-3.107938 Greenwich LLC OM) Hampton hm 5793 Greenwich Rd.Vu'liW&Beaek VA 23462 88-2191710 Cieeeaatioh LLC(OP�1B) Lm 5793 Cfreeatvrcb Rd.V - Beach.VA 2346' 9&218171Q- HerkW Cnism LLC Oc=Rewt - 2417 Atlantic Aram Vn*k Bftcb,VA'.U51 87-2667045. unw a Shob kmv oc"l M=we Mrvtt ) 200 Golden Oak at v 410 Wpm Beach VA 23452 46-1755373 3,1mec Hotels LLC Aqw Vista Restut Hotel 1719 Auntie Atvnwe ti"gima Beach VA 23451 93-2850036 MKS MOMS LLC Sect W Hotel 2109 Atlantic As a Vm_- a Beach VA 23451 85-361580t4 Plan Hvt:k LLC, M Il'aaelodim BW Beach 29M Shore Ddre Ziswi m Beseb.VA 23451 84-3956758 Plana Hwh LLC 2n0:Adantic A%*V i qua a 8eah VA 2 M3 1 84-3956758 T ` Sharsava Resorts LLC Sand C'amle R,es" 1307 Ad@Mk Aceane VkrgWa Beachr VA.2US1 8&3793021• swanya Venture Inc Beach Caromk3ddd 1300 Pacific Ave V-s-ffinil Beach FA 23451 87-1924016 Sbarsum Ve nnre LLC(AC Closed) ?00 Galdea Oak tt$mit 410 Vngnnia Bich VA 2345; 87_1814433- TUM Rotreb LLC Blue N.Udins hin&SU 2411 Pack Aremie-Vbpwa Beach VA 2XI51 454699274 TWd Hoods LLC(C'LOSM) Blue Marlins Inn&Sts 2411 Ptte Avenue V Beach VA 23451 45469&1-74 Tmvewp 19dt st 1909 Atlantic Astanue ti Beach VA 23451 54-200.1-16 f 2809 Atlantic Ave, Fishtails 2809 Atlantic Ave 18"''S? i s. 1/29/2024, 3:42:03 PM 1:564 r �� Address Point 0 0 0.01 0.01 mi City Boundary Parcels Primary 0 0.01 0.01 0.02 km ®City of Virginia Beach Primary Address Point Label City of Virginia Beach Center for GIS 0 City of Virginia Beach C,Y�.'aat�Ci3.�+34�V'«'�e�;wrpr....w-..� -.: --'n•-..,wn,,,di�f 1 /5/2024 12 -43 2707 Atlantic Ave Virginia Beach .w m r r r t ro !C OWN mot 1173/2023 11 . 1 2800 Atlantic Ave Virginia Beach Virginia Beach APPLICANT'S NAMEFoggs Seafood Company T/A Waterman's Surfside 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 I APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page I of 7 Planning Commission and City Council meeting that pertains to the application(s). APPLICANT NOTIFIED OF HEARING DATE: NO CHANGES AS OF REVISIONS SUBMITTED DATE: Virginia Beach Check here if the APPLICANT 15 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. (A) List the Applicant's name:Foggs Seafood Company T/A V6, 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) Michael J. Standing, Jr. - President, 100% ownership (B) List the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See attached 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 1S 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:415 Atlantic,_LLC _______ If an LLC, list the member's names:Michael J. Standing, Jr. - Managing Member/Owner, 100% ownership Page 2of7 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 wl- APPLICANT Virginia Beach YES FN O 1 SERVICE i I PROVIDER (use additional sheets if needed) ❑ Accounting and/or preparer of Dixon Hughes Goodman (Forvis) your tax return ❑ I\/1 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 XEngineers/ 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 Poole Brooke Plumlee 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 r •a a , �a a r s„wi t - s. '"" cVirginiat y 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. Michael J. Standing Jr. 03/05/24 APPIICAN SI NATU PRINT NAME DATE Page 5 of 7 OWNER Virginia Beach YES FN O F SERVICE PROVIDER (use additional sheets if needed) F ❑ Accounting and/or preparer of Dixon Hughes Goodman (Forvis) 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 Elpurchaser of the subject property (identify purchaser(s) and purchaser's service providers) NConstruction Contractors Engineers / Surveyors/Agents Financing (include current TowneBank ❑ 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 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. Michael J. Standing Jr. 03/05/24 PROPERTY O R'S SIG ATURE PRINT NAME DATE Page 7 of 7 Disclosure Statement Form—Affiliated Business Entity Relationship with Applicant RE:Section 1, Page 2, Part B 415 Atlantic, LLC Best Kitty Hawk, LLC Chix Land, LLC Chix Sea Grille, LLC Crushfest, LLC Eighteenth Street, LLC Festival, LLC Forrest Holdings, LLC Mid Atlantic Rockfish Classic, Inc. Pacific Avenue Company Parks Avenue, LLC South Shores Management, LLC South Shores, LLC Standing Properties, LLC Waffi, LLC Disclosure Statement Form—Affiliated Business Entity Relationship with Property Owner RE:Section 2, Page 3, Part B Best Kitty Hawk, LLC Chix Land, LLC Chix Sea Grille, LLC Crushfest, LLC Eighteenth Street, LLC Festival, LLC Foggs Seafood Company dba. Waterman's Surfside Grille Forrest Holdings, LLC Mid Atlantic Rockfish Classic, Inc. Pacific Avenue Company Parks Avenue, LLC South Shores Management, LLC South Shores, LLC Standing Properties, LLC Waffi, LLC 415 Atlantic Ave, Waterman's Surfside S"4 415-t:AFE1 415 Atlantic Ave 06 • 1/29/2024, 3:47:59 PM 1:282 ,..n..•w �— —•,i City Boundary Parcels Primary Address Point Label °_ ° � 0.01 mi 0 0 0.01 0.01 km Condos Address Point 0 City of Virginia Beach Primary City of Virginia Beach Center for GIS C City of Virginia Beach I \ _ s•.+ . al' O � � Il •x0 J 1 �00 Virginia Reach APPLICANT'S NAME �r << ic, . ►� C � y �, 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 Say 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 - ---------------- — Page 1 of 7 D 0 I I 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: -_r`-----— T--__ Cr 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 z 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 if property owner is different Lrom 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:_'_}�1__ r --------------- If an LLC, list the member's names: Page 2 of 7 's N)B Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc, below: (Attach list if necessary) 1 (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity z 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 16 APPLICANT Virg inia Beach FYES 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 El N1 purchaser of the subject property (identify purchaser(s) and purchaser's service providers) FConstruction Contractors ElEngineers/ Surveyors/Agents Financing (include current mortgage holders and lenders t Vf 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 4 of 7 r i Virginia Beach CERTIFICATION: ( certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. 1 understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with it�iis A i ation. = AP CAN S GNATURE PRINT NAME DATE Page 5 of 7 R VB OWNER Virginia TSeach 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 u, 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) II Construction Contractors Engineers/Surveyors/Agents Financing (include current mortgage holders and lenders �j 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 U 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 XB 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 w,Kthis A I' io -- - --- WDD - PROP TY NE 'S SIGNATURE PRINT NAME DATE Page 7 of 7 206 23rd St, Baja Cantina Cafe 231t Sit 51 2224 206 23rd Street ... 2214 L4 i 1/29/2024, 4:36:02 PM 1:282 0 0 0 0.01 mi L—..—..� City Boundary Address Point _ 0 0 0.01 0.01 km Parcels Primary 0 City of Virginia Beach Primary Address Point Label Cny of Virginia beach Center for GIS ®City of Vvgtnia Beach i y y y w a x a 4 � `.'A �l �; 00 Virginia Beach APPLICANT'S NAME Chix Sea Grille, LLC DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of Interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page 1 of 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: 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:Chix Sea Grille, LLC _________ If an LLC, list all member's names: Michael J. Standing Jr. - Manging Member/Owner, 100% ownership 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 Z relationship with the Applicant: (Attach list if necessary) See attached See next page for information 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. 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:Chix Land, LLC__________________ If an LLC, list the member's names:Michael J. Standing, Jr. - Managing Member/Owner, 100% ownership 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) See attached 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 submect 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 VB,- APPLICANT Virginia Beach YES FN 0 F SERVICE PROVIDER (use additional sheets if needed) ❑ Accounting and/or preparer of Dixon Hughes Goodman (Forvis) 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 ❑ F\71 purchaser of the subject property (identify purchaser(s) and purchaser's service providers) Construction Contractors XEngineers / Surveyors/ Agents Financing (include current ❑ F\-�71 mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Legal Services Poole Brooke Plumlee 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 each Virginia B Mil I CERTI:ah N: I certify of the information contained in this Disclosure Statement Form is compleand accurate. I undethat, upon receipt of notification that the application has been schedupublic hearing, I am responsible for updating the information providin two weeks prior to the Planning Commission, Council, VBDA meetineeting of any public body or committee in connection with this A licMichael J. Standing Jr. 03/05/24 APPLICANURE PRINT NAME DATE Page 5 of 7 OWNER Virginia Beach YES NO F SERVICE PROVIDER (use additional sheets if needed) ❑ Accounting and/or preparer of Dixon Hughes Goodman (Forvis) VN 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 TowneBank ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Legal Services Real Estate Brokers / X 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 d � k Virginia Beach FRTATION: at all of the information contained in this Disclosure Statement Form is true, and accurate. unerstand 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 Reeting of any public body or committee in connection with this Application./ Michael J. Standing Jr. 03/05/24 PROPERTY N R' NATURE PRINT NAME DATE Page 7 of 7 Disclosure Statement Form —Affiliated Business Entity Relationship with Applicant RE:Section 1, Page 2, Part B 415 Atlantic, LLC Best Kitty Hawk, LLC Chix Land, LLC Crushfest, LLC Eighteenth Street, LLC Festival, LLC Foggs Seafood Company dba. Waterman's Surfside Grille Forrest Holdings, LLC Mid Atlantic Rockfish Classic, Inc. Pacific Avenue Company Parks Avenue, LLC South Shores Management, LLC South Shores, LLC Standing Properties, LLC Waffi, LLC Disclosure Statement Form—Affiliated Business Entity Relationship with Property Owner RE:Section 2, Page 3, Part B 415 Atlantic, LLC Best Kitty Hawk, LLC Chix Sea Grille, LLC Crushfest, LLC Eighteenth Street, LLC Festival, LLC Foggs Seafood Company dba. Waterman's Surfside Grille Forrest Holdings, LLC Mid Atlantic Rockfish Classic, Inc. Pacific Avenue Company Parks Avenue, LLC South Shores Management, LLC South Shores, LLC Standing Properties, LLC Waffi, LLC 701 Atlantic Ave, Chix Cafe r� 2' s L9 i, 701 Atlantic Ave ZH S5 615-CAFE » .w 1/2912024, 3:57:32 PM 1:564 t.n�.. Address Point 0 0 0.01 0.01 MI City Boundary , ,I . 0 0.01 0.01 0.02 krn Parcels Primary ®City of Virginia Beach Primary Address Point Label City of Virginia Beach Center for GIS 0 City of Virginia Beach Kiwi� � f ram. •r.. �— r�� _. -._..- Am MI IA n 1 /5/2024 13 .05 Boardwalk Virginia Beach �1 tj— 7 ti�S� Sh �It` Yli, APPLICANT'S NAME Fish Bones Restaurant DISCLOSURE STATEMENT FORM The completion and spbmission 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 Chan es Exception for (EDIP g Board of Zoning Encroachment Request Rezoning Appeals Certificate of Flood plain' 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 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 undir 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 Ilcation(s). ❑ APPLICANT NOTIFIED OF HEARING DATE: ❑ NO CHANGES AS OF DATE: D _ REVISIONS SUBMITTED DATE: Pon Virginia Beach Check here if the APPLICANT IS NOT a corporation, par ership, 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:__ 1 _ bo 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) Michael Georgiou, Andrey Tsokanoff (8) List the businesses that have a parent-subsidiary r 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 Virg nia fieach 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 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 Virginia Beach YES FNO SERVICE PROVIDER ( ee additional sheets if named) ® (� Accounting and/or preparer of Jones CPA l� 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 Towne Bank ® mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ® Legal Services Real Estate Brokers / U ® 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 Q an interest in the subject land or any proposed development Q 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 N,,;V;IrgiInAa Beach 7CERTIFICATION: at all of the information contained in this Disclosure Statement Form is 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.v Andrey Tsokanoff 33/05/2024 APPLICANT'S SIGNATURE PRINT NAME DATE Page 5 of 7 kk ",VA_ .. OWNER Virginia Beat• PROVIDER ( �itionai sheets if YES NO SERVICE ____] needed ❑ ❑ Accounting and/or preparer of your tax return (� ❑ Architect / Landscape Architect / l� Land Planner Contract Purchaser (if other than ❑ ❑ the Applicant) - 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 U 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 / ❑_ El anticipated 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 Virginia Beach CERTIFICATION: 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 haring, 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. Andrey Tsokanoff 03/05/2024 PROPERTY OWNER SIGNATURE PRINT NAME DATE Page 7 of 7 TS 5 -INA log •Y r 12/ 13/2023 10: 14 1301 Atlantic Ave Virginia Beach 1211 Atlantic Ave, Fish Bones Cafe i��H gt Al e 1211 Atlantic Ave r 2 n 12 ti W2 t 1l11 1/29/2024,4:06:56 PM 1: 564 0 0 0.01 0.01 mi City Boundary Parcels Primary Address Point Label F—�- — --* + -- Address Point 0 0.01 0.01 0.02 km Condos ®City of Virginia Beach Primary City of Virginia Beach Center for GIS 0 City of Virginia Beach I -Da ,V-' ' B H a✓G p L�L-C- //f Virginia Beach APPLICANT'S NAME Giarjfno 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 Franchise Agreement Street Closure (Historic Review Board) 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). 0 APPLICANT NOTIFIED OF HEARING DATE: NO CHANGES AS OF DATE: REVISIONS SUBMITTED DATE: Scanned with CamScanner llib� Virginia Beach Check here if the APPUCANT IS NO7 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: 6 dLrkn— 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 t 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 1S 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 Scanned with CamScanner c.�,� 3 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) t '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 (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 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 Scanned with CamScanner hR�c/ APPLICANT Virginia Beach YES NO SERVICE PROVIDER case additional sheets If needed) Accounting and/or preparer of your tax return Architect/ Landscape Architect / Land Planner- Contract Purchaser(if other than the Aaalicant)- 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) i 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 e Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development Elcontingent 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 Scanned with CamScanner o�, J Virginia Bench 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. Doi*161A/Zks0� 3sa APPUCANTS SIGNATURE PRINT NAME DATE Page 5 of 7 Scanned with CarnScanner c�nr.J OWNER YES NO �— SERVICE FPROVIDER fuse additional sheen if needed Accounting and/or preparer of EJ I/,, 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) 01 Construction Contractors Engineers/Surveyors/Agents Financing (include current a mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) EJ Legal Services Real Estate Brokers / ElAgents/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 Scanned with CarnScanner 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. a,t G la/t P �OWI�MSGNATURE PRINT NAME DATE Page 7 of 7 Scanned with CamScanner 910 Atlantic Ave, ipZH ST ST a. r try n. 'G MO 212 910 Atlantic Ave 1/29/2024, 4:13:40 PM 1.282 r� Address Point 0 0 0 0.01 mf t_..._..i City Boundary ---------.__ --: ___,. Parcels Primary 0 0 0.01 0.01 km ®City of Virginia Beach Primary Address Point Label City of Virginia Beach canter for GIS 0 City of Virginia Beach t M1 11r r►",�{Iq . 7 _ 1 tl z. Www _ of-. 7-2024 12:54 Tenth St ViT�lnlB IM'C I APPLICANT'S NAME 7704"prN - Rr-i Mp> IN C 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 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: f' h Virginia Beach Check here if the APPLICANT 1S 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:Jumpin Shrimp Inc If an LLC, list all member's names: If a CORPORATION, :ist the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) Varshid Vachhani: President Matthew Sereby: VP Anjana Javia: Secretary Parul Vachhani: Treasurere (B) List the businesses that have a parent-subsidiary I or affiliated business entity z relationship with the Applicant: (Attach list if necessary) Surfside Resort Inc/ LLC : Landlord 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 1S NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the 11goPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name:Surfside Resort LLC / Inc________ If an LLC, list the member's names:LLC: Anjana Javia, Neela Patel, Parul Vachhani, Hetal Vachhani Page 2 of 7 Q N- 1) Virginia Beacb If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) Inc: Varshid Vachhani: President Anjana Javia: Secretary Neela Patel: VP Hetal Vachhani: Treasurer (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) None 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 § 2.2-3101. Z "Affiliated business entity relationship' means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va.Code § 2.2-3101. 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 olerated 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 Virginia Beach YES NO C SERVICE PROVIDER (use additional sheets it needed) F7El Accountingand/or preparer of Corbin&Company your tax return OArchitect / Landscape Architect / Cuboid Architecture 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 o mortgage holders and lenders selected or being considered to provi&�-financing for acquisition or construction of the property) El FX1 Legal Services Real E:.--tate Brokers / Agent-,/Realtors for current and anticir,ated future sales of the subje property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ n an interest in the subject land or any proposed development L^J 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 thi A licati n. Varshid Vachhani 03/0124 APPLICANT'S SIGNATURE PRINT NAME DATE Page 5 of 7 t OWNER Virginia Beach YESl F NO SERVICE PROVIDER (use additional sheets if i needed) LJ ❑ Accounting and/or preparer of LJ your to x return aArchitect/ Landscape Architect/ Land Planner El ,� Contract Purchaser(if other than ILni the Aoulicant)- identify purchaser and pu -chaser's service providers Any other pending or proposed purchaser of the subject property (identity purchaser(s)and purchaser's service providers) IN Constrv<ction Contractors aEngineers /Surveyors/Agents Financing (include current Towne Bank mortgz ge holders and lenders selected or being considered to provide financing for acquisition or cony truction of the property) L\ Legal Services Wolcott Rivers Gates Real Estate Brokers / Agent!,,/Realtors for current and VIJ anticipated future sales of the suWec� 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 A the official or employee and what is the nature of the interest? Page 6of7 CYry n! 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.. Varshid Vachhani 03/05/24 PROPERTY OWN R'S SIGNATURE PRINT NAME DATE Page 7 of 7 1211 Atlantic Ave, Jumpin Shrimp Cafe >, .3T"s 1211 Atlantic Ave P a 2 1211-302 1/29/2024,4:03:58 PM 1:564 0 0 0.01 0.01 mi City Boundary Parcels Primary Address Point Label 1 �-1 0 0.01 0.01 0.02 km Condos Address Point ®City of Virginia Beach Primary City of Virginia Beach Canter for GI3 0 City of Virginia Beach L , 40 ion Mill k man 1111 14 All �. i v t- s� ;P x Al 1 /5/2024 12 .49 1211 Atlantic Ave Virginia 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) g Board Zoning Appeals Encroachment Request Rezoning ls 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: LiR r, m, 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:_ l�l m Ua�—Ino 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) //A See next page for information pertaining to footnotes and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. i Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. CP + (A) List the Property Owners name.----- -----�---- If an LLC, list the member's names: Page 2 of 7 VB 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. 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 3of7 3 APPLICANT Virginia Beach FYES FNOF SERVICE PROVIDER (use additional sheets its needed) I El ti; 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) ❑ Legal Services Real Estate Brokers / ❑ ElAgents/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 ❑ LJ 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. I JAI APPLICANT'S SIGNA URE PRINT NAME D TE Page 5 of 7 W�, OWNER Virginia Beach FYES 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 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 ❑ El selected 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 C}fy 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 Application. �C q0L i G4-, PROPERTY OWNER'S SIGNATURE PRINT NAME D TE Page 7 of 7 910 Atlantic Ave, Scrambled Inc 910 Atlantic Ave 11 A "O-M 1/29/2024, 2:55:44 PM 1:282 r�. Address Point 0 0 0 0.01 mi -.•-, City Boundary 0 0 0.01 0.01 km Parcels Primary ®CRY of Wgmia Bead, Primary Address Point Label CRY of Virginia Beach Center for GIS ®City of Vrrginia Beech s • s ... c � Virginia ooww__ll APPLICANT'S NAME Gold Key/PHR Food Services, 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 -Appeals 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 i The disclosures contained In this form are necessary to inform public officials who may vote on the application as to whether 6 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 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 Popq » �•- ar Zlia Beach Check here if the APPLICANT 1S NOT a corporation, partnership, firm, business, or other unincorporated organization. XX Check here if the APPLICANT 1S a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:__Gold Key/PHR Food Services, LLC i If an LLC, list all member's names: Trade Name: Tortugas Cafe &Tiki Bar Professional Hospitality Resources, Inc. 100% Membership Interest If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (8) List the businesses that have a parent-subsidiary I or affiliated business entity Z relationship with the Applicant: (Attach list if necessary) Professional Hospitality Resources, Inc. Heritage Investments, LLC See next page for information 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. ® 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:-Heritage Investments, LLC_____ If an LLC, list the member's Bruce L. Thompson names: Edmund C. Ruffin Page 2 of 7 1 i Vk&k 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 t or affiliated business entity 1 2 relationship with the Property Owner: (Attach list If necessary) f Professional Hospitality Resources, Inc. 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 r 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 subiect 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 X0A APPLICANT °v Beach YES FN 0 SERVICE PROVIDER (use additional sheets if needed) i El ❑ Accounting and/or preparer of your tax return ❑ Fx� 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 X❑ ❑ ® Engineers /Surveyors/Agents Financing (include current mortgage holders and lenders ❑ rx� selected or being considered to provide financing for acquisition or construction of the property) ❑ X❑ Legal Services Real Estate Brokers / ❑ ❑ Agents/Realtors for current and anticipated future sales of the subject 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 ❑ 0 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 'Men I Virginia CERTIFICATION: I certify that all of the information contained in this Disclosu:aa t Form is complete, true, and accurate. I understand that, upon receipt of notification that thion has been scheduled for public hearing, I am responsible for up information provided herein two weeks prior to the Planning Comouncil, VBDA meeting, or meeting of any public body or committee tion with this Application. d Robert M.Howard,Chief Inr '�SA ICNATUR PRINT NAMEDATE Gold Ke /PHR Food Services,LLC I i Page 5of7 Alvk i I jqln OWNER vi"gh1k seaCh YES FN0] I SERVICE PROVIDER (use additional she if needed) Accounting and/or preparer of El 171 your tax return a Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than XI the Acplicant)- identify purchaser and purchaser's service providers Any other pending or proposed El a purchaser of the subject property (identify purchaser(s)and purchaser's service providers) aa Construction Contractors ❑ a Engineers/Surveyors/Agents Financing (include current ❑ ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) aLegal Services Real Estate BrokersEl / 0 Agents/Realtors for current and anticipated future sales of the subject property i I SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have I ❑ an interest in the subject land or any proposed development X contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the i interest? Page 6 of 7 Virginia Beach CERTIFICATION: I certify that all of the information contained in this D:nt Statement Form is complete, true, and accurate. I understand that, upon receipt of notification application has been scheduled for public hearing, I am responsible ating the information provided herein two weeks prior to the Planninission, Council, VBDA meeting, or meeting of any public body or com connection with thisA Iication. Cl® Robert M.Howaestment Officer 3.map i PROPERTY OWNER'S SIGNATUR PRINT NAME DATE Heritage e Investments, LLC Page 7 of 7 3400 Atlantic Ave, Tortugas Cafe 3101-2MA 3401.503A 3401-C 1 3400 Atlantic Ave a; n; >r s 34.H S'T p 4 3346 3316-106 1/2912024, 4:40:13 PM 1:564 - Address Point 0 0 0.01 0.01 mi i..,.._.,i C' Boundary Non-Primary Address Point Label Condos Primary 0 0.01 0.01 0.02 km Primary Address Point Label 0 City of Virginia Beach Parcels Non-Primary City of Virginia Beach Center for 61S 0 CRY of Virginia Beach i •. •.:y i �v_ 1 47 or R } 1 1 W s;q r W w 4 •' `` w � � ..,:.�!� � hT"y �. - �>♦� - +�1W � '}"may-i' K yT i Virginia Beach APPLICANT'S NAME Dunes Investment Associates, LLC d�b`a sThftoN 10 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 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 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: 1 I Virginia Beach Check here if the APPLICANT 1S 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: Dunes Investment Associates, LI If an LLC, list all member's names: Lyons Family Asset Protection Trust, Octo, Inc. Thomas J. Lyons, Jr. Rev.Trust,Timothy J. Stiffler, Marcus B. Lewis, Fred R. & Patricia C. Russell 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) Coastal Hospitality Associates, LLC (Management Company) 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 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 A Z relationship with the Property Owner: (Attach list if necessary) i 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 § 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, (li) 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 i 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 i OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY I I i Page 3 of 7 i i i i i APPLICANT Virginia Beach FYES NO SERVICE � IPROVIDER (use additional sheets if needed) Accounting and/or preparer of BDO Norfolk,Virginia your tax return Architect / Landscape Architect/ WPL, &Saunders&Crouse. PC Land Planner 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 Hoy Construction, Inc. Norfolk,VA Engineers /Surveyors/Agents MSA Virginia Beach,VA Financing (include current Towne Bank Norfolk Elmortgage holders and lenders selected or being considered to provide financing for acquisition ' or construction of the property) Legal Services Kaufman&Canoles. PLC. Norfolk,VA Real Estate Brokers / Agents/Realtors for current and El M 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? I� i i I Page 4 of 7 Wf , 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. Gam' (A). 4,,,,,,,,.__- Christopher W. Brown 03/05/202 APPLICANT'S SIGNATURE PRINT NAME DATE i !I I I Page 5of7 i V".' B'- OWNER Virginia Beach YES FNO] F SERVICE PROVIDER (use additional sheets if needed) ❑ Accounting and/or preparer of BDO Norfolk,Virginia your tax return i a ❑ Architect / Landscape Architect / WPL Virginia Beach,VA Land Planner Saunders&Crouse Contract Purchaser(if other than ❑ a 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) F ❑ Construction Contractors Hoy Construction, Inc. Norfolk,VA ❑ Engineers/ Surveyors/Agents MSA-Virginia Beach,VA Financing (include current Towne Bank Norfolk a ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) a ❑ Legal Services Kaurman&Caonoles PLC Norfolk,VA Real Estate Brokers / ❑ 0 Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE +i 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 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. _.. Christopher W. Brown 03/05/202 PROPERTY OWNER'S SIGNATURE PRINT NAME DATE i Page 7 of 7 901 Atlantic Ave, Station 10 Cafe iA I OM SN"?BepC% e I 901 Atlantic Ave r z 'ST 1/29/2024, 4:26:06 PM 1:564 r^•�•^� 0 0 0.01 0.01 mi City Boundary Parcels Primary Address Point Label 1 -- Address Point 0 0.01 0.01 0.02 km Condos ®City of Virginia Beach Primary City of Virginia Beach Center for GIS 0 City of Virginia Beach i �r ` g S r • 1 '\�k1ti�.�� 1 /5/2024 12 :530,2 �1� r le Tenth St .�-.- �;4 � . �x Virginia Beach CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Establishing a Stormwater Management Implementation Advisory Group MEETING DATE: March 19, 2024 ■ Background: The City Council created the Process Improvement Steering Committee ("PISC") to provide recommendations to improve various aspects of the City's government. The Council referred the "Resolution to Adopt and Amend the Virginia Beach Comprehensive Plan 2016 regarding the Stormwater Impacts for Discretionary Land Use Applications" to the PISC, and the PISC recommended the establishment of a "work group to provide recommendations regarding how best to balance the need for stormwater management and flooding protection with development and redevelopment opportunities." This resolution establishes the recommended work group. ■ Considerations: The Stormwater Management Advisory Group ("Advisory Group") will serve in an advisory capacity to the City Council and consist of no more than 19 voting members, including residents, environmental professionals, and industry stakeholders. In addition to the voting members, the Advisory Group will include a Planning Commission liaison and two high school students as nonvoting members. The duties of the Advisory Group will be to: further review the topic of stormwater management and its impact and consequences on land use and redevelopment issues; identify whether there are any opportunities, advantages, or disadvantages to strengthening regulation alignment and specificity based on the City's varied drainage basin, and a property's land use and zoning characteristics; formalize a cost-sharing program relative to stormwater infrastructure and policy to include developing criteria for cost-sharing eligibility; and determine whether there are any opportunities to advance/incentivize Council-adopted policy and/or planning objectives, such as affordable housing, the preservation and enhancement of our City's tree canopy and open spaces, enhanced water quality, more sidewalks and paved paths, utilization of nature- based stormwater management practices in addition to grey infrastructure solutions, implementation of regional stormwater solutions, strategic and resilient approaches to redevelopment, and other preferred land use approaches, through stormwater management. ■ Public Information: This item will be advertised in the same manner as other agenda items. It was part of the March 5, 2024, agenda, but was deferred to March 19. ■ Attachment: Resolution Requested by Mayor Dyer and Councilmember Schulman REQUESTED BY MAYOR DYER AND COUNCILMEMBER SCHULMAN 1 A RESOLUTION ESTABLISHING A STORMWATER 2 MANAGEMENT IMPLEMENTATION ADVISORY 3 GROUP 4 5 WHEREAS, the City Council created the Process Improvement Steering 6 Committee ("PISC") to provide recommendations to improve various aspects of the City's 7 government; 8 9 WHEREAS, the City Council referred the "Resolution to Adopt and Amend the 10 Virginia Beach Comprehensive Plan 2016 regarding the Stormwater Impacts for 11 Discretionary Land Use Applications" to the PISC, and the PISC has recommended the 12 establishment of a "work group to provide recommendations regarding how best to 13 balance the need for stormwater management and flooding protection with development 14 and redevelopment opportunities;" and 15 16 WHEREAS, the City Council agrees that such a work group would be beneficial; 17 18 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 19 VIRGINIA BEACH, VIRGINIA: 20 21 1. That the City Council hereby establishes the Stormwater Management 22 Implementation Advisory Group ("Advisory Group"). 23 24 2. That the Advisory Group shall serve in an advisory capacity to the City Council, 25 and the City Council shall appoint its members. 26 27 3. That the Advisory Group shall consist of a total of no more than 19 voting 28 members, as follows: 29 30 a. No more than 11 subject matter experts and industry representatives 31 (such as environmental professionals, engineering consultants, land 32 use and/or environmental attorney(s), members of the real estate 33 development community, and representatives from conservation 34 organizations). 35 b. No more than 2 resident representatives for the Elizabeth River 36 Watershed who reside in either District 1 or District 4, appointed with the 37 concurrence of the Councilmembers representing Districts 1 and 4; 38 c. No more than 2 resident representatives for the Thalia Creek and 39 London Bridge Creek drainage basins (to include areas such as 40 Windsor Woods, Princess Anne Plaza, Green Run and Bow Creek)who 41 reside in either District 3 or District 10, appointed with the concurrence 42 of the Councilmembers representing Districts 3 and 10. 43 d. No more than 2 resident representatives for the Chesapeake Bay 44 Watershed and who reside in District 6, District 8, or District 9, appointed 45 with the concurrence of the Councilmembers representing Districts 6, 8, 46 and 9. 47 e. No more than 2 resident representatives for the Southern Rivers 48 Watershed who reside in District 2, District 5, or District 7, appointed 49 with the concurrence of the Councilmembers representing Districts 2, 5, 50 and 7. 51 52 4. That, in addition to the above-described voting members, the Advisory Group 53 shall include a nonvoting Planning Commission liaison and two high school students as 54 nonvoting members. A quorum of the membership shall be defined as a majority of the 55 then-appointed voting members, but no less than five. 56 57 5. That the duties of the Advisory Group shall be to: 58 59 • Further review the topic of stormwater management and its impact and 60 consequences on land use and redevelopment issues; 61 • Identify whether there are any opportunities, advantages, or disadvantages 62 to strengthening regulation alignment and specificity based on the City's 63 varied drainage basins, and a property's land use and zoning 64 characteristics; 65 • Formalize a cost-sharing program relative to stormwater infrastructure and 66 policy to include developing criteria for cost-sharing eligibility; and 67 • Determine whether there are any opportunities to advance/incentivize 68 Council-adopted policy and/or planning objectives, such as affordable 69 housing, the preservation and enhancement of our City's tree canopy and 70 open spaces, enhanced water quality, more sidewalks and paved paths, 71 utilization of nature-based stormwater management practices in addition to 72 grey infrastructure solutions, implementation of regional stormwater 73 solutions, strategic and resilient approaches to redevelopment, and other 74 preferred land use approaches, through stormwater management. 75 76 6. That the City Manager shall provide staff support on an as-needed basis (from 77 the Economic Development Department, Planning Department, the Department of Public 78 Works, the Office of Performance and Accountability, and any other relevant department) 79 and other support to the Advisory Group, including a professional facilitator to guide group 80 meetings, and the City Attorney shall also provide staff support. 81 82 7. That the Advisory Group may begin to meet upon the appointment of its 11th 83 voting member. The Advisory Group shall provide its recommendations to the City 84 Council within six months of the appointment of its 11th voting member. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2024. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA16215 R-5 February 28. 2024 S CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution to Provide Direction to the City Manager on the Use of Funds in Capital Project #100629, "Sports Tourism Infrastructure," and to Provide Direction to the City Manager to Create Options for a Dedicated Funding Source for Arts and Culture Using Existing Funding Dedications MEETING DATE: March 19, 2024 ■ Background: Capital Project #100629, "Sports Tourism Infrastructure," uses revenues from the Tourism Investment Program (TIP) Fund to support sports tourism opportunities through the upgrade or renovation of existing facilities such as the Virginia Beach SportsPlex, Princess Anne Athletic Complex, Hampton Roads Soccer Complex, and Pickleball Virginia Beach. Project #100629 has funding currently appropriated at $6,921 ,100, and the FY2024 Capital Improvement Program had planned for FY2025 to provide an additional $12.6 million. On March 5, 2024, the City Council was provided two recommendations for allocation of$18,500,000 in Project#100629. One approach would fund the existing facilities based solely upon anticipated return on investment. The second option provided some funding to all four facilities. Separately, the City Council recognizes the residents and visitors of the City, in addition to enjoying sports, appreciate arts and culture, which brings a vibrancy to life in the City. To support the arts and culture community, the City should have dedicated funding that nourishes and sustains arts and culture. ■ Considerations: The attached resolution provides two directions to the City Manager. First, it directs the City Manager to pursue distribution of Capital Project #100629 based on the second option. This option would provide the following: 1. Pickleball Virginia Beach - $2,101,000 2. VB SportsPlex and Field Hockey Training Center - $3,138,500 3. Princess Anne Athletic Complex - $3,259,500 4. Hampton Roads Soccer Complex - $10,000,000. Second, it directs the City Manager to create options for establishing a dedicated funding source for arts and culture from existing funding dedications, excluding the General Fund. The City Manager is to provide these options to the City Council for its consideration within 20 days of the adoption of this Resolution. The City Manager shall thereafter allot time for the discussion of the dedicated funding options at a subsequent Informal or Workshop Session. ■ Public Information: Normal Council agenda process. ■ Attachments: Resolution; Victus Slide REQUESTED BY COUNCILMEMBERS BERLUCCHI, ROSS-HAMMOND, ROUSE, REMICK, AND SCHULMAN REQUESTED BY COUNCILMEMBERS BERLUCCHI, ROSS-HAMMOND, ROUSE, REMICK, AND SCHULMAN 1 A RESOLUTION TO PROVIDE DIRECTION TO 2 THE CITY MANAGER ON THE USE OF FUNDS IN 3 CAPITAL PROJECT #100629, "SPORTS 4 TOURISM INFRASTRUCTURE," AND TO 5 PROVIDE DIRECTION TO THE CITY MANAGER 6 TO CREATE OPTIONS FOR A DEDICATED 7 FUNDING SOURCE FOR ARTS AND CULTURE 8 USING EXISTING FUNDING DEDICATIONS 9 10 WHEREAS, Capital Project #100629, "Sports Tourism Infrastructure," uses 11 revenues from the Tourism Investment Program (TIP) Fund to support sports tourism 12 opportunities through the upgrade or renovation of existing facilities such as the Virginia 13 Beach SportsPlex, Princess Anne Athletic Complex, Hampton Roads Soccer Complex, 14 and Pickleball Virginia Beach; 15 16 WHEREAS, Project #100629 has funding currently appropriated at $6,921,100, 17 and the FY2024 Capital Improvement Program had planned for FY2025 to provide an 18 additional $12.6 million; 19 20 WHEREAS, the City Council was provided two recommendations for allocation of 21 $18,500,000 in Project#100629; 22 23 WHEREAS, this resolution provides direction to the City Manager to pursue the 24 second option, which provides funding to all four of the facilities noted above in the 25 following amounts: 26 1. Pickleball Virginia Beach - $2,101 ,000 27 2. VB SportsPlex and Field Hockey Training Center - $3,138,500 28 3. Princess Anne Athletic Complex - $3,259,500 29 4. Hampton Roads Soccer Complex - $10,000,000 30 31 WHEREAS, the residents and visitors of the City, in addition to enjoying sports, 32 recognize and appreciate arts and culture, which brings a vibrancy to life in the City; 33 34 WHEREAS, to support the arts and culture community, the City should have 35 dedicated funding that nourishes and sustains arts and culture; 36 37 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 38 OF VIRGINIA BEACH, VIRGINIA, THAT 39 40 1. The City Manager is hereby directed to pursue the distribution of Capital Project 41 #100629 following the second option presented to the City Council, which is 42 summarized above. To the extent funding is conditioned upon appropriation in 43 Fiscal Year 2025, the City Manager shall include a condition in any funding 44 agreement that preserves the City Council's legislative prerogative to make 45 appropriation decisions. The City Manager and the City Attorney are to develop 46 funding agreements with the City's partners for these facilities that incorporate 47 the best practices in operating contracts that were recommended to the City 48 Council by Victus Advisors. 49 50 2. The City Manager is hereby directed to create options for establishing a 51 dedicated funding source for arts and culture from existing funding dedications, 52 excluding the General Fund. The City Manager is to provide these options to 53 the City Council for its consideration within 20 days of the adoption of this 54 Resolution. The City Manager shall thereafter allot time for the discussion of 55 the dedicated funding options at a subsequent Informal or Workshop Session. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2024. APPROVED AS TO LEGAL SUFFICIENCY: C ty A orney's Office CA 16458 R-1 March 7, 2024 Recommended_Sports Tourism CIP Fund_Distribution if City Prefers to Contribute to All Four Venues Pickleball Virginia Beach: Immediate & Short-Term Court/Venue Needs $402,000 Championship Court Improvements $1,700,000 11% Pickleball - Total: $2,102,000 VB Sportsplex & Field Hockey Training Center: Replace Grass with 2 Artificial/Lighted Fields $2,311,000 Flatten Berm & Create Grass Training Area $102,500 Install New Ligghts on Field 2 $725,000 17% Sportsplex - Total: $3,138,500 Princess Anne Athletic Complex: Convert 2 Multi-Use Grass Fields to Artificial/Lights $3,259,500 18% PAAC - Total: $3,259,500 Hampton Roads Soccer Complex: Resurface Existing Artificial Turf (2) $1,000,000 Six (6) New Artificial Turf Fields with Lights $9,000,000 54% Soccer - Total: $10,000,000 TOTAL INVESTMENT AMOUNT: $18,500,000 100% 14' I s; CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend Sections 23-2.1, 23-17, and 23-18.1 of the City Code Pertaining to Curfews and Other Restrictions and Regulations During Civil Commotion MEETING DATE: March 19, 2024 ■ Background: The Virginia Beach City Code contains multiple code sections relating to restricting the gathering and movement of citizens for public safety purposes under certain conditions. Since 2005, the City Code has contained a provision that authorizes the City Manager or his designee to impose a curfew after the declaration of an emergency. That Code section, § 23-2.1 , was enacted based on the general grant of police powers in Virginia Code § 15.2-1102. During the last legislative session, the General Assembly approved amendments to Virginia Code § 15.2-925 that now explicitly authorize a locality to adopt an ordinance regarding curfews. The new provisions of the state law impose certain requirements and limitations on the locality that differ from the provisions of the current City Code section. Accordingly, the City Attorney's Office recommends that the current curfew provision in the City Code be replaced with one that fully aligns with the 2023 state enabling legislation. The attached ordinance (1) amends City Code § 23-2.1 relating to curfews; (2) makes a minor cross-reference amendment to City Code § 23-17; and (3) revises City Code § 23-18.1 to be consistent with state law relating to police lines and barricades. The text that this ordinance deletes from City Code § 23-18.1 regarding restrictions on the movement of persons and vehicles has essentially been relocated to amended City Code § 23.-2.1, aligning with state law. ■ Considerations: The ordinance revises the City Code to resolve inconsistencies with Virginia state law by amending sections 23-2.1, 23-17, and 23-18.1. ■ Public Information: This item will be advertised in the same manner as other agenda items. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: City Attorney " >,.y City Manager: �pl? 1 AN ORDINANCE TO AMEND SECTIONS 23- 2 2.1, 23-17, AND 23-18.1 OF THE CITY CODE 3 PERTAINING TO CURFEWS AND OTHER 4 RESTRICTIONS AND REGULATIONS 5 DURING CIVIL COMMOTION 6 7 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 9 VIRGINIA: 10 11 That Sections 23-2.1, 23-17, and 23-18.1 of the Code of the City of Virginia Beach, 12 Virginia, are hereby amended and reordained to read as follows: 13 14 15 16 Virginia, �gRee Rager 17 18 19 , 20 " 21 22 23 24 " 25 " 26 , 27 28 and 29 ' means any GOndition following an attaE;k by an enemy-(DF 30 foreign nation upon the GitY Of VirgiRia BeaGh that Fesult6 an sub6tantia 31 32 , 33 34 , 35 36 37 . 38 39 40 prepaFednesG, 41 42 pursuant to the fbilewing PFOGeduFe-- C D o - 0 U. W C O 0 4 C n 4 W NJ — 0 0 0 -4 y C p W N 0 0 0 - 0-P- 0'0' -Ph- WO O - - - - - 4 - - - 40000D0000cMp Cnnnn T 11 13 82 Sec. 23-2.1. Regulation or restrictions of persons and vehicles by the police chief- 83 curfews. 84 (a) The police chief may regulate restrict or prohibit any assembly of persons or the 85 movement of persons or vehicles if there exists an imminent threat of any civil 86 commotion or disturbance in the nature of a riot which constitutes a clear and present 87 danger. 88 (b) Any such regulations or restriction may include a curfew declared by the police chief 89 with the concurrence of the city manager and the mayor. A declaration of curfew 90 shall be issued in accordance with the following: 91 (1) The declaration authorizing the curfew shall provide for reasonable efforts to 92 inform the public in advance of the curfew. 93 (2) The declaration shall specify the hours of the curfew and the geographic area 94 to which the curfew applies. 95 (3) The curfew shall be valid for no more than twenty-four(24) hours 96 (4) The curfew shall not be extended or renewed unless by recorded vote of the 97 City Council or by iudicial order. 98 (5) The curfew shall contain exceptions for: 99 a. Any person traveling to or from home work or a place of worship 100 b. Medical personnel; 101 c. Members of the press; 102 d. Federal, state, and local employees and volunteers engaged in official 103 business, including emergency response: 104 e. Military personnel, including but not limited to National Guard troops; 105 f. Travel to or from public meetings of the local governing body' 106 g. Persons seeking emergency services or fleeing any emergency or danger 107 or acting to save other persons from an emergency or danger: and 108 h. Persons who are incapacitated or who are seeking medical care for 109 themselves or others. 110 (6) In such circumstances the City Council may convene immediately in a special 111 meeting and enact an emergency ordinance or ordinances including an 112 extension or renewal of a curfew, for such purposes notwithstanding any 113 contrary provisions in the City Charter or the general law. 114 (c) It shall be unlawful and a Class 1 misdemeanor for any person to violate any 115 regulation, restriction, or curfew imposed pursuant to this section 116 . . . . 117 Sec. 23-17. Riots and unlawful assemblies—What constitutes. 118 (a) For the purposes of this chapter, any unlawful use, by 119 three (3) or more persons acting together, of force or violence which seriously 120 jeopardizes the public safety, peace or order is a riot. 121 (b) For the purposes of seGtionG 23 18 through 23 20 this chapter, whenever three (3) 122 or more persons assembled share the common intent to advance some lawful or 123 unlawful purpose by the commission of an act or acts of unlawful force or violence 124 likely to jeopardize seriously public safety, peace or order, and the assembly actually 125 tends to inspire persons of ordinary courage with well-grounded fear of serious and 126 immediate breaches of public safety, peace or order, then such assembly is an 127 unlawful assembly. 128 . . . . 129 Sec. 23-18.1. Same—Establishing police lines perimeters, or barricades. 130 131 (a) When riots crimes or other emergency situations that may endanger life, limb, or 132 property may cause persons to collect on public streets parking lots, or other public 133 areas the police chief or his designee may establish one or more secure areas, 134 zones or perimeters using police lines or barricades as are reasonably necessary 135 to (i) preserve the integrity of evidence at such scenes (ii) facilitate the movement 136 of vehicular and pedestrian traffic into out of and around the scene, (iii) permit 137 public safety personnel to perform necessary operations unimpeded and (iv) protect 138 persons and property. Such a police line or barricade may be used to secure such 139 an area no longer than is reasonably necessary, 140 The Ghief Of PGliGe, 141 142 danger te t4e publiG safety, may FestFirt or regulate the movement of persens and 143 144 145 (b) Any police line or barricade erected pursuant to this code shall be clearly identified 146 by wording such as "Police Line — DO NOT CROSS" or other similar wording. If 147 material or equipment is not available for identifying the prohibited area, then a 148 verbal warning by an identifiable law-enforcement officer positioned to indicate a 149 location of a police line or barricade shall be given to any person or persons 150 attempting to cross police lines or barricades without proper authorization. 151 152 having been IaMully waMed not to so, shall be guilty of a Class 3 misdemeanef. 153 (c) Personnel from information services such as press radio and television, when 154 gathering news shall be exempt from the provisions of this section except that it 155 shall be unlawful for such persons to obstruct the law-enforcement officers, 156 firefighters or emergency medical services personnel in the performance of their 157 duties at such scene Information services personnel shall proceed at their own risk. 158 Ld) It shall be unlawful and a Class 3 misdemeanor for any person to cross or remain 159 within police lines or barricades which have been established pursuant to this 160 section without proper authorization. 161 Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of_ , 2024. APPROV D S TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY- Police D artment City Attorney's Office CA 16209 R-3 March 8, 2024 0i CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Resolution Petitioning the Commonwealth of Virginia to Convey Certain Real Property to the City of Virginia Beach MEETING DATE: March 19, 2024 ■ Background: The Commonwealth of Virginia (the "Commonwealth") acquired certain parcels of real property located in the City of Virginia Beach (the "City") for the construction, reconstruction, alteration, maintenance and repair of Interstate 264 as part of VDOT Project Number 0264-134-102, RW-201 (the "VDOT Project"). The VDOT Project has since been completed and portions of the parcels acquired by the Commonwealth were not utilized in construction of the VDOT Project, including one parcel consisting of 37,784+/- sq. ft. (GPIN: 1467-72-5465) and two residual parcels consisting of 13,695+/- sq. ft. (no GPIN assigned) (collectively, the "Residual Property"). The Residual Property is located adjacent to Kemps Lake, and title to the Residual Property remains vested in the Commonwealth. The Residual Property is unimproved and is more particularly described on the VDOT Project Plan Sheet nos. 10, 10RW, 11, 11 RW, 11 F, 11 F RW(1) and 11 F RW(2), which are attached to the Resolution as Exhibit A. The City is currently constructing the Kemps Lake Water Quality Improvement Project (CIP 100567) for the design and construction of water quality improvements to Kemps Lake (the "City Project"). The City desires to acquire the Residual Property for right-of- way access, laydown area and construction of the City Project. The Commonwealth and the City desire to transfer title to the Residual Property to the City. The Commonwealth will not begin the process of transferring title to its property to a locality until that locality formally petitions the Commonwealth pursuant to §§ 33.2-907 and 33.2-1001 of the Code of Virginia (1950), as amended. ■ Considerations: The City Project is expected to commence in June of 2024. Conveyance of the Residual Property to the City would not affect funding from the Commonwealth or increase costs to the City. ■ Public Information: Public notice will be provided via the normal City Council agenda process. 0 Alternatives: Commonwealth of Virginia retains title to the Property. ■ Recommendations: Approval. ■ Attachments: Resolution, Plan Sheets (Exhibit A), Location Map Recommended Action: Approval. Submitting Department/Agency: Public Works / Real Estate PI City Manager: 4 1 RESOLUTION PETITIONING THE COMMONWEALTH 2 OF VIRGINIA TO CONVEY CERTAIN REAL 3 PROPERTY TO THE CITY OF VIRGINIA BEACH 4 5 WHEREAS, the Commonwealth of Virginia (the "Commonwealth") acquired 6 parcels of real property located in the City of Virginia Beach (the "City") for the 7 construction, reconstruction, alteration, maintenance and repair of Interstate 264 as part 8 of VDOT Project Number 0264-134-102, RW-201 (the "VDOT Project"); 9 10 WHEREAS, all aspects of the VDOT Project are complete and portions of the 11 parcels acquired by the Commonwealth were not utilized for the VDOT Project, including 12 one parcel consisting of 37,784+/- sq. ft. (GPIN: 1467-72-5465) and two residual parcels 13 consisting of 13,695+/- sq. ft. (no GPIN assigned) (collectively, the "Residual Property"), 14 as shown on VDOT Project Plan Sheet nos. 10, 10RW, 11, 11 RW, 11 F, 11 F RW(1) and 15 11 F RW(2), attached hereto as Exhibit A and incorporated herein; 16 17 WHEREAS, title to the Residual Property remains vested in the Commonwealth; 18 19 WHEREAS, the City is constructing the Kemps Lake Water Quality Improvement 20 Project (CIP 100567) for the design and construction of water quality improvements to 21 Kemps Lake (the "City Project") and the Residual Property is located adjacent to Kemps 22 Lake; 23 24 WHEREAS, the City desires to acquire the Residual Property from the 25 Commonwealth for right-of-way access, laydown area, and construction of the City 26 Project; and 27 28 WHEREAS, City staff and City Council believe it would be in the best interest of 29 the City for the Residual Property to be conveyed to the City. 30 31 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 32 VIRGINIA BEACH, VIRGINIA: 33 34 1. That the City hereby petitions the Commonwealth of Virginia, pursuant to 35 Sections 33.2-907 and 33.2-1001 of the Code of Virginia, as amended, to convey the 36 Residual Property to the City, and to take such other actions as necessary to complete 37 the conveyance of the Residual Property to the City, and upon transfer, the Residual 38 Property shall cease being a part of the State Highway System. 39 40 2. The City Manager, or his authorized designee, is hereby authorized to 41 execute any and all documents to complete the conveyance of title to the Residual 42 Property, so long as said documents contain such terms, conditions and modifications as 43 may be acceptable to the City Manager and in a form deemed satisfactory by the City 44 Attorney. 45 46 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 47 of , 2024. 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DENOTES PROPOSED PERYM'fNT (9�)..- ME'M)}[Ta dE4�9D pURTI!/)T 1 wlvre[�eWEM OYMDE rt DFD® ry Plit•A45I9r•�V� pC�mPT .�DES TEYPORARI'CgN$T _ �r�EASEMENT FOR SLOPES SI KKK YENfW/pJN P Ry,�ENi — IMAM'vrRGINIARPON'EA It[[EBrwv w bW OOYen4M PT.PIDe68 IT. ./J7199 E•+70k EASEMENT FOR ENTRANCES .�"£ 9E Yl �f✓Fa/I -.-.L•.-,-QrRYAy Asl�(EMwpImH�T YeaA• w1 i LEGEND E•BLOk f•AIL' Y•� V•LeY/NL1CNlJI �.L 1/�•IHUUNYIII''CEASfufAAN44T)OO RE WIRED I STAd/d REa4 V-now Y.- m TC•LI ULS 5 F TRANSI PROP.T NO MGRESS/EGRESS EASEMENT V' S'D, RE00. TC•viufs See Sled I2 Y•B IRM Y-PS May TC•SII R � TC•5N R See Shed 11 e PC ow,00 Low B ,.coo • � .a•. �` J naao-J REPO. RI Tur „A / •`� 'y�` &C '•-°•11`. �R ul Y. + STaCrF REaa P6C 2b7.7389 LOgO B �I11 II Y • g !• x STaro+P TYPE A Rfaa PC Ih6Z58 Sia' A-�� \ a. l 9, � • � �'\�=4_ ( •_\ al: 6 SiaQ".•IP TYPE B REaa V� Y S %o- F,p 4° ,\ �� ®•'�' = STaLVIP TYPE C NEaa OIcp Pa STAC Pr l BgO�gQ AI •fit, ^ 4✓` `�\ N J A• iY; �/ N,g �efym / P Q,� •, `Er "''s.,�" GIE 1YPE W REaa urn c:,,,. z '�� Mt naa-re TYPE RnREao. F-J+ POC!1-T175 � i ��•, �"�.� 6�, • / �., Cd "'.,W '•.,, srausHA REan LappB a Pc�°'%!• iyr;' .b/.f/ •• ti- N STaMS-INELa ConYL�.O'RT c .,,•._ .� \ n -k x� - a , O G .STD R D. .IRLaa < ` ';'D• ` 6• '.F • s R:''� -.d 2 ,r` fxT% �S` f, y1. _ - _ 1 �•\ �� GrFr+m RW.CerM.@ j GPRBWI RN.CYWI.Q sraGlo-fokz TY.I REO'0. P/•IA-N P)•R•T-B' 5 :� _•+1 •. - '•jM1 w� K F D-WWLr 029EIRIf afLTA•?l4ltl�9P'IRTI B ST0.G4-FOA�6))'.z 1dEa0. \ • 11 .f R' _ a > i•W.Id p, ar PROP.S'CLNCS/DEWALA' ,AC \ •.• h �Rr� �' L•YBA99' p N L•P9P.72 •ry 0 /„� O w\.. i��R R•I5000• yy � R•9SlOry d-�e !j y NRW.N SIOEIYNX N2R--_ _�`+.,•`W/`7.• ♦ �q•' \ a ,A 8Q j !S PC•—I- y�+�� PRa^.IS''NEI SN.]If4fR B `., •7 4b y E•Nc 'a Pi•9Rd5 0 3�> • - s 22 3i g-'-" 'm''4-- ti d •JOIUL ` p E•40 8� PRa^.IJ'Pa TC•S1l Vl5 Y•M epr ED SNWLDER `I _ der•" '�:.� ��y?' - TC•S1I UL5 % PROP.4 PM'ED SHOLLOfR ' e _ p`'�I �eD�' 3 t� - ` •�`'s{ -_-_ B 1 ®PROP.RPA'EO SM7ULDEF �, �k M 2 S<` ` I E� D --`!�- Ip •._�m.�_16-.._.S, q E[p�-1 PA(.p.YSE AETAINIAO WAIL REaO. '� �} < ; \� It .ate 13 D _ - -� + t •.. _ 8�, (LD PROP.BaM.SIDEWALK i j _5 '�i P � P' 078 $ "�.. ,\ vrgL'g��AE�_Q5• -- 4�:--• . . 5 � 1a sia{a RN il9il' w .�� '� a fs 5 A;� `. ,.y� se9nrR _ �•E � _ ISg �y x ,� d as m •, �,,aC �' E+ � a.. _,.R;�,��,^- = j '•.`* r•1Pj \ \ // Nb•\ �\ ,`\. f R'Na BP •Y^ D•'!� WILD';; `~�'� l \�ti ;" � �14'rROUO'� o�<�ouR i q4 / Ire \ laet e�5 �Yj aW f1. A O � $ i O L KRENEN i � a'� `' �ov.Y . .FLIT • 26, i a Pa a d' d5t C ' O �' ♦ I O i Ow•2aim+aa�Jno \ d i,c I Lp("OP�6td , '-"6, S V ` ` g ` SJ�V•' `y y''asQ 4\ Q I '��i I Tax•1I 413e90 ' 41 \ SHEET NOTE t: b I pp i IS.SJ07P Sp.Ff. a No 12 LFOR PLAY Cwm',RENS 70 aE 0[WUS'NE0.+ _ AB.WOaS'E0.Rf/DL•KEa DR REYOY£D ARE y�y E, i. a "�i •c� _ REFERENCES lTA•9ffi5eOW IRTI o ,,u, 'L -b `�. \ •2� \I— ASCU STHEiAM Ls'&W ETiEM�r�Ya nW. �r PROFNES.A A h CwNN/GE P`D MOD'Q7 U r♦r� �' `,. \ ♦ z/' I H pj ,p MWAV AND DIEPLAr'YD FVLL DEPTH OE$CRIPrpN SHEET$ETC.1 T•+9YdD' :F' i.'� 117 ♦' 'F SijL 4N' . M` PWEYENT CONSTALCTION. L•9TUr ' R•2d6+7a r rRry �/1 6 y. - W" C�Od� ^Y s ESEE SHEET 8Wf1 FOR SPECIAL DESON iL-E PROFILE WRCNOLCR RAMP A MB PRC•2SBdJ.JB '\, / tl• `. `\] 1 m •+ IYPKT AT'TEWATDR pET PROFILE WITCHWCX RAMP A i PT.PT!•27A9N SS !W: d_ N ,�% '\ y`� < WO(e g.p}' P P MIS• Pr•TURN YB E•AC \„j' \ •"gip_` E E�' a of SCGIP p/RB RAMPS SMALL BE AOWWM a`I PROFILE WJT i a,� VV �` `X6�1 WIDE fq TYPE A M7 4WILp fOR i PES Ba CHOLCN LOOP B AC V•+5 9iy .�..I, l/_ .. AS P\,' \ \ \ �' i� 5 t Ya� 9 N YI.AYD RKWNfN Cd'9TM'ATEO AOIACEAT TO A7 PROFILE WITWOWx LOOP B TC•5/I Uf5 .?• xPz+ (� ^ y ,IYr y5Y S/OEY/MR.CCiP RAYP9 SHML BE A YMYWY a• Rr.TURN qC 'N2,-J.TI EI W yty l I / ��ll \\ „ i ( 1P R'WIOE Fa4 TYPES A&MID C. PAOFIIE WaCHdKR 1pAp /R) `•V \ ` I` ` lfGEd'D PROFILE CFAYSTW ROAD RE _ //Jy ,CR OEAV)ES COYSTRLCTKW UYRS N DOTS DEAOVTADN AN pAv Ac PLAN/IFDR r-.� •(_I�� ,1 •\ZLP1 '. Y- d` a �] D F-J-NOTES COR,,,,CTNW LIMITS IN FILLS ALONYENT DATA Axll O CAP W/rCHOUCK.LLC oJs 5121 GREENWICH ROAa LLC O GREENWICH CENTER LLC O VIR61NIA BEACH FREE oe6 KENNETH H.LWK ANO ---aEAvrEs PERMANENT EASEMENTS Ur�OWNERS J M5rR'2N2,21M466260 INSTIL•2DO102050DO16M NSTR•2012DJ21OODJ/BOJa WILL BAPTIST CHURCH INC. O THE SMILE CENTER iL.0 O ORNNAGE DESCRIPTIONS rx+1 PS 67 PS 0 ANNA LLOUK ENTRANCE PROFS 12C GPM•1+67 Yd611 PB 92 PG 20 PB)6 PG N MSTR.•200AD+PAXIo1M2+0 POB Q> q0 ad 601.PG.+ "'-"-DEAOfES TEYlOg44I EASEMENTS GPIN'Nq-)P-5+65 TiPIM H6r-)2- 5e INSrR.-2OOffWW'l53W IPLATI Sp 0.7Bl K TPx•bog 6Z15r/ as W,PG.92 "W PLAN PHASE I Ox 08E6 K GPM•I157-TE-57+2 PB 295 PG 6T NO J+ M 15 a TOTAL AC.aM GPIM W.rP-9PG2 W592 K W H6TN2g��DOD a EfSC PLAN PHASE N NL PJB3 Ac Tox•1167B13BuFWeOV '"a+er Fwlro. Jr1e565 Sp Ft. 00264I34-10t IIF xwAeadm I Pwn�xe neF, _._............ -.__... .._.......__. ___..... _.-.._....... ........._._._...._..._..... LIMITED ACCESS HIGHWAY LIMITED ACCESS HIGHWAY yawmr m-- !MIL- RIGHT OF WAY PLAN SHEET SHOWING ° B'016 Aa N,�rlah•°K...vwa eY 1M rbn,ama sda:•m ew•.n"�v.m,n ow9p(N.ew<m„mv- 0264134l32.RW-POI. 26 R. mmi.P�e.wi,mbm oa Pm n �e"...mNAOIDYrw.. PROPERTY FOR ' °..R.NI..Q va + IIFRW(f csEx LEGEND COMMONWEALTH OF VIRGINIA �`N•pp'"' o L'apxsa Pdn o Rm,(C N*FnxN raf N9neI C/ry Of VSCO/a Beo04 VlrglMo • 0102 fS18-R Ymuw11 FYxW Sca/e T•50' x DAAn Nannh ul I • RIN2 U W Wrcam Surveyed By R.Dean Mlnnlx.LS. LA Irolar9E UMIro Appeals `� 16.OaJ916:26A1 IV/~Erfsf AVON Of WW June 5.20/5 See S1NM//AW Sea SHIM I2RIY c-MOLPA'D, C �1�tl �f�/M CURVE TABLE UNE LEGEND DELTA•ArJr3CfRrl DIO L' rUL, 1p r% y O ._._. D•910 NP �IO� g1RVE DELTA RMDA/a ARC 119101H CHORD O110RD ---DENOTES PERMANEMT EASEMENTS T•PJ0.91 �(1\O �fB a qN a m•BYIC(NT) T.ttAt AB.N' a]B1eae'E 'DAT ---.-_DENOTES TEMPORARY EASEMENTS \� SKJ/E lGrayson r n� L / / \ 15 1.•J+']9•Fr a,9.ee al.m' S.S- TP ww 4?A7 DENarEs ExsTm maNENrffm As NOTED Lea W I /t fr / \ 1e oe•20V0• 896P fu.n 99B'BB�6'6 wAT N08 FCC• 51wd DT "_7 �O� MS r / i$ 1e 31.11 r J10.9Y /e0.M awl4wE fee.78 L MDENOTES PROPO ED RAr L LASTED ACCESS J(p NI( T� . #, v W4n1• 130.7fi atA7 Ne4rww 4122 � x� Rom• tVjaSgW��J F 20 R1-a /20.TY 16A7 N34.0m W /BdC DEMOTES PROPOSED R/W R $\ rO O O P Af 21 01.6041• 993.2Y M.1T NSI3wrw "Iw � -� •2U6 4 % 61JJ' S0A0 JJJC 22 WW2t 995]Y eDAt N11•DWTW MAr I/ }, DENOTES PROPOSED PERMANENT e�•M1e LP1 -R`s O n7rThMU r% j�� •�`W�j wN p2�,�� d1MN/GE EASEMENT .,• � DENOTES PROPOSED TEMPORARY \ eepn u ��E• 1 I/ pe•' SSA HIS$' I �dbr4,^ (gTDO� •._••�•.-CWSTALCTNW EASEMENT FLIP SLOPES �'�•'''O```\% • PC/2.0997 2 DEAWES PAD-USED TEYPORARr I N• 191,a29M91 IP ® NDOW CDNSTAUCr6Y EASEMENT FOR ENTRANCES POT 25.9166 E-2pef.M=' •6M w I _ __ ' DENOTES PRfYOSEO YNYA�f WIOrR N• 19171Qa11a N _,p�P/ ® IP WaAa IdNC(•yyr.Ae�Q V PERMANENT SIDEWALK EASEMENT •.Cy •2,Ba4061.1901 M•R•72AP ` p DELTA•8.180 DRTI P D 63 3rY�W i \\ 5 63 37 d7'E IP L;zwP v__ r D F"�v tdv itRaNrS;P{YE.vr t 1`(ParmZSM anlnl Urain9gA N ( \ W �' R•9SSDD' �. 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CITY OF 0921 GREENWICH ROAO.LLC Pnsee.e TenOprvy Can�NAbn EO.nem Ftt8bpe eR.R 2eeTI0.OWl Ape A.TNP PrtvwP FawFmea EldmMeeA•N wea OHl'FCTIwt O VIRGINIA BEACH OJS Inarrww•2oor025OCa*gm f� NWAaanpuAeerWm yd.iaelb Tn.BeY Ana 6iPnaPNa An DO AM FG BM PB 92 PG 20 � �MmOPq RamYm On FY AtTM Nand Oaoad,rF laf�.wwadepn,N.nPmn Rp.a Ocea oMn. POI 425J PG 2//7 GP/N•H67-72.5465 GPfN•11676¢95I1 0E2R� 6.N Pmpertlr PNyalnl Fnpm..mWp M Nq elwm Rewwn. 36.966'C POrW035 Area COICWc#1" SEE SHEET IIFRWQ)FOR e.TN.SunM ONpmdBbea on vOor Pmka PorW034 Area Caku/011ans PmPwWPbm•RMVD0TU yE—d ea K xao+lo.oee Aae BEARINGS& DISTANCES eaxa-+a4.+oz,ww.uPc.+7eJa PropaeW Penner.m Or UEesemamI,617/o.WAAve Propple PermenpniVDOT IDIey leeFnHnl Ba Ft 21,817I0.IOa Ave ry(79 Q MOfEPMI5M1aW MW A•ralb An Fran 7I.DNWrWIm Bw.en SCNL swec� o.P'eo Bsa Mp Me CFO—m ft. *Ar.Ibaae Oft G 0264-134-102 /IFRW(2! N N/AeFAeHg z W E 0 w a S w Z � � 1-264 SIT a� Z PROVIDENCE RD Y , cy. �Q KEMPS LAKE � c 1110 2 � U U) Legend LOCATION MAP Parcel A-9,864 Sq. Ft. ACQUISITION OF PROPERTY Parcel B - 3,831 Sq. Ft. OWNER: COMMONWEALTH OF VIRGINIA Parcel C(1467-72-5465) - 37,784 Sq. Ft. PARCEL A City Property j PARCEL B Greenwich Road Right of Way o PARCEL C (GPIN: 1467-72-5465) � O Feet 1 264 Right of Way And Limited Access Line 0 100 200 400 Prepared by P.W./Enq./Enq.Support Services Bureau 08/15/2023 XACADD\Projects\ARC Files\AGENDA MAPS\1467-72-5465\1467-72-5465.mxc (L l l �l CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution to Approve a Settlement Agreement with The Adventure Park at Virginia Beach, LLC, Regarding Unauthorized Tree Removal and to Appropriate the First Installment Payment MEETING DATE: March 19, 2024 Background: The Adventure Park at Virginia Beach, LLC, ("Tenant") leases certain City property under the control of the Virginia Aquarium and Marine Science Foundation. In preparing the leased property for improvements to create Phase II of the Adventure Park, the Tenant prematurely and without obtaining the necessary approvals and permits retained a contractor to remove trees from the leased property. The City and the Tenant have come to a proposed settlement that is generally as follows: a. Tenant to plant 175 new trees on the parcel where Phase II of the Adventure Park will be located-, and b. Tenant to pay the City $86,355 over four installments to allow the City to further mitigate the tree loss with offsite tree planting. Considerations: The resolution attached hereto allows for the settlement of the City's property damage claims related to the unauthorized tree removal. The mitigation activities will include both onsite tree restoration (175 new trees) and offsite tree planting through the payment of$86,355. The first installment($15,000) is to be paid in the current fiscal year, so the resolution appropriates this installment. The three additional installments will be due July 1 , 2024 ($20,000), July 1, 2025 ($25,000), and July 1 , 2026 ($26,355). Public Information: Normal Council Agenda process. Recommendation: Approval of the attached resolution. Attachments: Resolution; Disclosure Form Recommended Action: Approval Submitting Department/Agency: Virginia Aquarium / City Attorney City Manager:/A% 1 A RESOLUTION TO APPROVE A SETTLEMENT 2 AGREEMENT WITH THE ADVENTURE PARK AT 3 VIRGINIA BEACH, LLC, REGARDING 4 UNAUTHORIZED TREE REMOVAL AND TO 5 APPROPRIATE THE FIRST INSTALLMENT PAYMENT 6 7 WHEREAS, The Adventure Park at Virginia Beach, LLC, ("Tenant") leases certain 8 City property under the control of the Virginia Aquarium and Marine Science Foundation; 9 10 WHEREAS, in preparing the leased property for improvements to create Phase II 11 of the Adventure Park, the Tenant prematurely and without obtaining the necessary 12 approvals and permits retained a contractor to remove trees from the leased property; 13 14 WHEREAS, the City and the Tenant have come to a proposed settlement that is 15 generally as follows: 16 17 a. Tenant to plant 175 new trees on the parcel where Phase II of the Adventure 18 Park will be located; and 19 20 b. Tenant to pay the City $86,355 over four installments to allow the City to further 21 mitigate the tree loss with offsite tree planting. 22 23 WHEREAS, based upon the negotiated settlement, the parties desire and intend 24 to resolve and settle all claims by and between them; 25 26 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 27 VIRGINIA BEACH, VIRGINIA: 28 29 That the City Council hereby approves a settlement agreement consistent with the 30 terms recited above. 31 32 BE IT FURTHER RESOLVED, THAT: 33 34 The City Manager and the City Attorney are hereby authorized and directed to 35 undertake any action consistent with the Council's approval of such settlement 36 agreement. 37 38 BE IT FURTHER RESOLVED, THAT: 39 40 For the installment due in the current fiscal year, $15,000 is hereby appropriated 41 to the Tree Mitigation Fund in the Department of Parks and Recreation. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2024. Requires an affirmative vote by a majority of all of the members of the City Council. APPROVED AS TO CONTENT: APPR AS TO LEGAL SUFFICIENCY: lolk-, "',altL� Bud g t and Management Services is e ity Attomey CA16457 R-1 March 7, 2024 DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications wherein such applicant may utilize certain service providers or financial institutions, and the City seeks to know of the existence of such relationships in advance of any vote upon such application. SECTION 1 / APPLICANT DISCLOSURE Organization name: The Adventure Park at Virginia Beach, LLC, a Virginia limited liability company SECTION 2. SERVICES DISCLOSURE Are any of the following services being provided in connection with the applicant? If the answer to any item is YES, please identify the firm or individual providing the service: YES FN SERVICE PROVIDER (use additional sheets if Fneeded) 0 Accounting and/or preparer of Morain Bakerich CPAs 2801 Youngfield St, Suite 370 your tax return Golden,0O.80401 Financial Services (include Q lending/banking institutions and Madison One Lender Services, LLC 9375 E. Shea Blvd, Suite 100 current mortgage holders as Scottsdale,AZ.85260 applicable) R. Edward Bourdon, Jr., Esq., x Legal Services Sykes, Bourdon, Ahern & Levy, P.C. Billy Almond, WPL X Broker/Contractor/Engineer/Other Service Providers CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand I am responsible for updating the information provided herein if it changes prior to the Council action upon this Application. Bahman Azarm, Manager 03/07/2024 APPLICANT'S SIGNATURE PRINT NAME DATE Z s� JJ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to 1) authorize acquisition of (a) 7.1± acres of land located at the intersection of Wolfsnare Road and Great Neck Road (GPINs: 2407-09-6257, 2407-09-2464, 2407-09-4435, 2407-09-5412); (b) 0.18± acres of land located at Half Place (GPIN: 2407-19-4539); and (c) 0.17± acres of land located at the intersection of Chadwick Drive and Cambridge Drive (GPIN: 2407-19-8383) from Lynnhaven Area Properties, LLC and Washington Square Townhouses, LLC; and 2) authorize the City Manager to execute all necessary documents for the acquisition and the settlement of pending litigation MEETING DATE: March 19, 2024 ■ Background: Lynnhaven Area Properties, LLC and Washington Square Townhouses, LLC (collectively, the "Seller") are related entities that own four parcels of land at the intersection of Wolfsnare Road and Great Neck Road, comprising approximately 7.1 acres (GPINs: 2407-09-6257, 2407-09-2464, 2407-09-4435, 2407- 09-5412), as shown on the attached plat (the "Park Parcels"). The largest tract (GPIN: 2407-09-6257) is the subject of litigation concerning an appeal of the Board of Zoning Appeals and the Seller's contention that it has a right to develop the parcel with residential use, which the City disputes. That case is styled In Re: February 5, 2020 Decision of the Board of Zoning Appeals of the City of Virginia Beach, Virginia, Case No. CL20-2108 (the "Litigation"). As part of a comprehensive acquisition and settlement agreement (the "Settlement Agreement"), which includes dismissal of the Litigation, Seller proposes to sell the Park Parcels to the City. The purchase of the Park Parcels will fill a need for public park space in this community by providing public outdoor recreational opportunities within a ten-minute walk time to adjacent residents. Seller will retain an easement for an existing sign, which advertises the adjacent townhouses, on the parcel closest to the intersection (GPIN: 2407-09-2464). Existing restrictions on the sign will not be affected by the Settlement Agreement or the sale of the Park Parcels. Additionally, as a part of the Settlement Agreement, Seller, in its capacity as Washington Square Townhouses, LLC, will convey to the City two interior vacant parcels in the Washington Square subdivision: (1) 0.18± acres of land at Half Place; and (2) 0.17± acres of land at the intersection of Chadwick Drive and Cambridge Drive, as shown on the attached plats (collectively, the "Lots"). ■ Considerations: The proposed purchase price for the Park Parcels and the Lots is $1,500,000 and is recommended to be funded from the Open Space Acquisition IV Project, CIP 100641. The purchase resolves the Litigation and provides an opportunity to preserve green space and to provide a recreational amenity for the community. The Open Space Advisory Committee supports the City's acquisition of these parcels. Future park improvements on the acquired properties will depend on the allocation of funds in future budget cycles. ■ Public Information: Public notice via the normal City Council agenda process. ■ Alternatives: Deny the request to acquire the properties as part of the Settlement Agreement and continue with the Litigation. ■ Recommendations: Approve the request subject to the terms and conditions set forth in the attached Summary of Terms and the Settlement Agreement entitled "Settlement and Release and Agreement for Purchase," which is an exhibit to the Summary of Terms. ■ Attachments: Ordinance, Summary of Terms, Disclosure Statement Form, Plats and Location Map. Recommended Action: Approval Submitting Department/Agency: PW/Real Estate City Manager:1�9 1 AN ORDINANCE TO 1) AUTHORIZE ACQUISITION 2 OF (A) 7.1± ACRES OF LAND LOCATED AT THE 3 INTERSECTION OF WOLFSNARE ROAD AND 4 GREAT NECK ROAD (GPINS: 2407-09-6257, 2407- 5 09-2464, 2407-09-4435, 2407-09-5412); (B) 0.18± 6 ACRES OF LAND LOCATED AT HALF PLACE 7 (GPIN: 2407-19-4539); AND (C) 0.17± ACRES OF e LAND LOCATED AT THE INTERSECTION OF 9 CHADWICK DRIVE AND CAMBRIDGE DRIVE 10 (GPIN: 2407-19-8383) FROM LYNNHAVEN AREA 11 PROPERTIES, LLC AND WASHINGTON SQUARE 12 TOWNHOUSES, LLC; AND 2) AUTHORIZE THE 13 CITY MANAGER TO EXECUTE ALL NECESSARY 14 DOCUMENTS FOR THE ACQUISITION AND THE 15 SETTLEMENT OF PENDING LITIGATION 16 17 WHEREAS, Lynnhaven Area Properties, LLC and Washington Square Townhouses, 18 LLC (collectively, the "Seller") are related entities that own four parcels of land located at 19 the intersection of Wolfsnare Road and Great Neck Road and comprising 7.1± acres as 20 further described on Exhibit A, attached hereto and incorporated herein (the "Park 21 Parcels"); 22 23 WHEREAS, Seller, in its capacity as Washington Square Townhouses, LLC, owns 24 two vacant parcels in the Washington Square subdivision: (1) 0.18± acres of land at Half 25 Place; and (2) 0.17± acres of land at the intersection of Chadwick Drive and Cambridge 26 Drive, as further described on Exhibit A (the "Lots"); 27 28 WHEREAS, Seller initiated litigation against the City concerning the development 29 potential of one of the Park Parcels (the "Litigation"); 30 31 WHEREAS, as part of a proposed resolution of the Litigation, Seller will convey the 32 Park Parcels and the Lots to the City (collectively, the Park Parcels and the Lots are 33 referenced herein as the "Properties"); 34 35 WHEREAS, the Parties have agreed to the terms of a "Settlement and Release and 36 Agreement for Purchase" (the "Settlement Agreement"), which includes Seller conveying 37 the Properties to the City for $1,500,000, in accordance with the Summary of Terms 38 attached hereto as Exhibit B and incorporated herein; 39 40 WHEREAS, the purchase of the Properties will provide public outdoor recreational 41 opportunities and park space within a ten-minute walk time to adjacent residents; 42 43 WHEREAS, funding for the acquisition is available in Open Space Acquisition IV 44 Project, CIP 100641; and 45 46 WHEREAS, the Open Space Advisory Committee supports the City's acquisition of 47 the Properties; and 48 49 WHEREAS,the City Council finds that it is in the best interests of the City to acquire so the Properties and to take other action in accordance with the Settlement Agreement. 51 52 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 53 VIRGINIA: 54 55 1. That the City Council authorizes the acquisition of the Properties described on 56 Exhibit A. 57 58 2. That the City Manager or his designee is further authorized to execute all 59 documents that may be necessary or appropriate in connection with the purchase of the 60 Properties and the settlement of the Litigation, in accordance with the Summary of Terms 61 attached hereto as Exhibit B,and including such other terms,conditions and modifications 62 as may be acceptable to the City Manager and in a form deemed satisfactory by the City 63 Attorney. 64 65 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 66 of 2024. 67 CA15203 R-1 PREPARED: 2/29/24 APPROVED AS TO CONTENT: APPROVED AS TO CONTENT: WX (I W,g)"� OIL— B 1C WOWS, REAL ESTATE P AND R REATION APPROVED AS TO AVAILABILITY APPROVED AS TO LEGAL OF FUNDS: SUFFICIENCY AND FORM: FINANCE CITY rOFkNEY EXHIBIT "A" Legal Description Parcel I, Parcel 5, and Parcel 6 are owned by Washington Square Townhouses, LLC. Parcel 2 and Parcel 3 are owned by Lynnhaven Area Properties, LLC.. Parcel 4 is owned by both Lynnhaven Area Properties, LLC and Washington Square Townhouses, LLC as a result of a street closure. Parcel 1 (GPIN: 2407-09-6257): ALL THAT certain lot, piece and parcel of land, together with the improvements thereunto belonging, lying, being and situate in the City of Virginia Beach, Virginia and being known, designated and described as "now or formerly Lynnhaven Building Supply (D.B. 823, P. 492) GPIN 2407-09-6257" as shown on that certain plat entitled, "PLAT SHOWING A PORTION OF OLD WOLFSNARE ROAD TO BE CLOSED AND VACATED BY THE CITY OF VIRGINIA BEACH, VIRGINIA LYNNHAVEN BOROUGH - VIRGINIA BEACH, VIRGINIA" Scale: I"= 40', dated February 27, 1981, prepared by Rouse- Sirine Associates, Ltd., which was recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach as Instrument Number 201600016543, to which reference is made for a more particular description. Parcel 2 (GPIN: 2407-09-2464): ALL THAT certain lot, piece and parcel of land, together with the improvements thereunto belonging, lying, being and situate in the City of Virginia Beach, Virginia and being known, designated and described as "NOW OR FORMERLY F. WAYNE MCLESKEY, JR. (D.B. 1486, P. 203)" as shown on that certain plat entitled, "PLAT SHOWING A PORTION OF OLD WOLFSNARE ROAD TO BE CLOSED AND VACATED BY THE CITY OF VIRGINIA BEACH, VIRGINIA LYNNHAVEN BOROUGH - VIRGINIA BEACH, VIRGINIA" Scale: I"= 40', dated February 27, 1981, prepared by Rouse - Sirine Associates, Ltd., which was recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach as Instrument Number 201600016543, to which reference is made for a more particular description. Description. RESERVING UNTO THE LANDOWNER, its successors and assigns, an approximately 1,565 square foot sign, access, and maintenance easement, together with improvements thereon, in the location more particularly described as "VARIABLE WIDTH SIGN ACCESS AND MAINTENANCE EASEMENT AREA= 1,565 S.F. OR 0.03593 AC (SEE NOTE 6)," (collectively, the "Easement") on the plat entitled "PLAT SHOWING PROPERTY TO BE ACQUIRED TRACTS A, B, C & D FROM LYNNHAVEN AREA PROPERTIES BY CITY OF VIRGINIA BEACH," and dated March 8, 2023. The following terms apply to the Easement: (1)the Easement shall allow the Landowner to own, maintain, and repair that certain existing wooden sign (the "Sign") located on the Easement; (2) the Sign is and shall remain subject to all applicable state, federal and local laws, ordinances, permits, variances, or regulations; (3) Landowner shall bear all liability and responsibility for the sign and shall maintain it in a manner that it does not become unsightly or a hazard; and (4) in the event of any casualty or other damage or destruction to all or any portion of the Sign, and provided that Landowner can obtain approvals to rebuild or replace the nonconforming Sign pursuant to applicable state, federal, and local laws, ordinances, permits, variances, or regulations, including but not limited to, approval(s) from the Virginia Beach City Council, Landowner shall have the right to rebuild and replace the Sign. Parcel 3 (GPIN: 2407-09-4435): ALL THAT certain lot, piece and parcel of land, together with the improvements thereunto belonging, lying, being and situate in the City of Virginia Beach, Virginia and being known, designated and described as "LOT 4 SUBDIVISION OF PROPERTY OF ALLEN E. PERREL (M.B. 110, P. 48) NOW OR FORMERLY F. WAYNE MCLESKEY, JR. (D.B. 1623, P. 744) GPIN 2407-09-4435" as shown on that certain plat entitled, "PLAT SHOWING A PORTION OF OLD WOLFSNARE ROAD TO BE CLOSED AND VACATED BY THE CITY OF VIRGINIA BEACH, VIRGINIA LYNNHAVEN BOROUGH - VIRGINIA BEACH, VIRGINIA" Scale: 1"= 40', dated February 27, 1981, prepared by Rouse- Sirine Associates, Ltd., which was recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach as Instrument Number 201600016543, to which reference is made for a more particular description. Parcel 4 (GPIN: 2407-09-5412): ALL THAT certain lot, piece and parcel of land, together with the improvements thereunto belonging, lying, being and situate in the City of Virginia Beach, Virginia and being known, designated and described as "OLD WOLFSNARE ROAD TO BE CLOSED AND VACATED AREA - 19,365 SQUARE FEET (INCLUDING PERMANENT DRAINAGE EASEMENT) GPIN 2407-09-5412" as shown on that certain plat entitled, "PLAT SHOWING A PORTION OF OLD WOLFSNARE ROAD TO BE CLOSED AND VACATED BY THE CITY OF VIRGINIA BEACH, VIRGINIA LYNNHAVEN BOROUGH - VIRGINIA BEACH, VIRGINIA" Scale: I"= 40', dated February 27, 1981, prepared by Rouse - Sirine Associates, Ltd., which was recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach as Instrument Number 201600016543, to which reference is made for a more particular description. Parcel 5 (GPIN: 2407-19-4539): ALL THAT certain lot, piece and parcel of land, together with the improvements thereunto belonging, lying, being and situate in the City of Virginia Beach, Virginia and being known, designated and described as "PARCEL A" as shown on that certain plat entitled, "PLAT OF SUBDIVISION OF WASHINGTON SQUARE BLOCKS D, F & G SECTION I L YNNHAVEN BOROUGH VIRGINIA BEACH, VIRGINIA," Scale: I"= 100', dated March 9, 1971, prepared by Talbot, Wermers, and Standing, Ltd., which was recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach in Map Book 86, at page 17, to which reference is made for a more particular description. Parcel 6 (GPIN: 2407-19-8383): ALL THAT certain lot, piece and parcel of land, together with the improvements thereunto belonging, lying, being and situate in the City of Virginia Beach, Virginia and being known, designated and described as "PARCEL 'B' AREA= 0.174 ACRES" as shown on that certain plat entitled, "PLAT OF SUBDIVISION OF WASHINGTON SQUARE BLOCKS I, J & K SECTION 2 LYNNHAVEN BOROUGH VA. BEACH, VA," Scale: I" = 50', dated December 29, 1971, prepared by Talbot, Wermers, and Standing, Ltd., which was recorded in the Clerk's Office of the Circuit court of the City of Virginia Beach in Map Book 93, at page 16, to which reference is made for a more particular description. AS TO PARCEL 2, PARCEL 3, AND PARCEL 4 ABOVE, TOGETHER WITH all right, title and interest of Lynnhaven Area Properties, LLC, if any, in and to any and all easements, rights of way, private roads and other rights of access, ingress and/or egress adjacent to, appurtenant to or in any way benefiting the above-described parcels. AS TO PARCEL 1, PARCEL 4, PARCEL 5 AND PARCEL 6, TOGETHER WITH all right, title and interest of Washington Square Townhouses, LLC, if any, in and to any and all easements, rights of way, private roads and other rights of access, ingress and/or egress adjacent to, appurtenant to or in any way benefiting the above-described parcels. EXHIBIT "B" SUMMARY OF TERMS OF SETTLEMENT AND AGREEMENT FOR PURCHASE PARTIES: Lynnhaven Area Properties, LLC and Washington Square Townhouses, LLC (collectively, "Seller") City of Virginia Beach ("City") PROPERTIES: Approximately 7.1 acres of land located at the intersection of Wolfsnare Road and Great Neck Road (GPINs: 2407-09- 6257, 2407-09-2464, 2407-09-4435, 2407-09-5412); and Two parcels of land in the Washington Square subdivision: (1) 0.18 acres of land located at Half Place (GPIN: 2407-19- 4539); and (2) 0.17± acres of land located at the intersection of Chadwick Drive and Cambridge Drive (GPIN: 2407-19- 8383) CONSIDERATION: $1,500,000 and settlement of pending litigation SOURCE OF FUNDS: Open Space Acquisition IV Project, CIP 100641 ADDITIONAL TERMS: The Parties shall execute and abide by the terms contained in the Settlement and Release and Agreement for Purchase ("Settlement Agreement"), delivered to the City Attorney's Office on February 28, 2024, a copy of which is attached hereto as Attachment B-1 and incorporated herein, and confirm the satisfaction of all contingencies stated in the Settlement Agreement prior to closing. Pertinent terms of the Settlement Agreement include: • City shall have a sixty (60) day study period. • Properties must be conveyed free and clear of all liens, leases, and tenancies and rights of possession of any and all parties other than the City. • Settlement will be within 90 days of full execution of the Settlement Agreement, or as soon thereafter as is practicable. • City shall bear the costs of preparation of closing documents and acquisition plats. Seller shall pay its own attorney's fees and costs, if any. • Seller reserves an easement for an existing sign on the parcel with GPIN 2407- 09-2464. Existing restrictions as to the sign will not be affected by the Settlement Agreement or the conveyance of the Properties. • Within three (3) business days of closing, the Parties shall submit an Agreed Order of Dismissal, with prejudice, for the pending litigation. Properties at Wolfsnare Road and Great Neck Road _Open Space & Park Infrastructure Development& Maintenance II Project,CIP#100641 SETTLEMENT AND RELEASE AND AGREEMENT FOR PURCHASE THIS SETTLEMENT AND RELEASE AND AGREEMENT FOR PURCHASE ("Agreement"), effective as of this day of February, 2024, is entered into by and between LYNNHAVEN AREA PROPERTIES, LLC, a Virginia limited liability company, and its successors and assigns ("Lynnhaven"),and WASHINGTON SQUARE TOWNHOUSES,LLC, a Virginia limited liability company, and its successors and assigns ("Washington Square") (Lynnhaven and Washington Square are collectively,the "Seller"), and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (the "W') (the Seller and the City are collectively referred to in this Agreement as, the "Parties," or individually as, a 64Party"). RECITALS 1. Washington Square owns approximately 3.3 acres of real property situated near the intersection of Wolfsnare Road and Westminster Lane in Virginia Beach, Virginia, identified as Parcel 1 on Exhibit A attached hereto(GPIN: 2407-09-6257),and also shown as Tract "D"on Plat No. 1 (defined below) attached hereto as Exhibit B ("Parcel 1"). 2. Lynnhaven believed that it was the owner of Parcel 1, and initiated a dispute with the City as to the development potential of Parcel 1, and such dispute resulted in an appeal filed by Lynnhaven against the Board of Zoning Appeals of the City of Virginia Beach under Case No. CL20-2018 in the Circuit Court of the City of Virginia Beach(the "Litigation"). 3. Lynnhaven, Washington Square, and the City have agreed to a resolution of the Litigation to include: 1 a. the City's purchase of Parcel l from Washington Square; b. the City's purchase of additional property in the vicinity of Parcel 1 and owned by Lynnhaven,to-wit: i. that certain parcel of real property identified as Parcel 2 on Exhibit A attached hereto(GPIN:2407-09-2464),and also shown as Tract"A"on Plat No. 1 attached hereto as Exhibit B ("Parcel 2"), subject to Lynnhaven reserving to itself,its successors and assigns,an approximately 1,565 square foot sign, access, and maintenance easement, in the location more particularly described as "VARIABLE WIDTH SIGN ACCESS & MAINTENANCE EASEMENT TO BE RESERVED, AREA = 1,565 SQ. FT. OR 0.03593 AC(SEE NOTE 6)"(collectively,the"Easement"),on the plat entitled "PLAT SHOWING PROPERTY TO BE ACQUIRED, TRACTS A,B,C&D FROM LYNNHAVEN AREA PROPERTIES,LLC, & WASHINGTON SQUARE TOWNHOUSES, LLC, BY CITY OF VIRGINIA BEACH FOR OPEN SPACE & PARK INFRASTRUCTURE DEVELOPMENT & MAINTENANCE I1 PROJECT, CIP 100289," and dated March 8,2023, a copy of which is attached hereto as Exhibit B,("Plat No. I"). The following terms apply to the Easement: (1) The Easement shall allow Lynnhaven to own, maintain, and repair that certain wooden sign (the "Sign") located on the Easement; (2)the Sign is and shall remain subject to all applicable state federal, and local laws, ordinances, permits, variances, or regulations; (3) Lynnhaven shall bear all liability and responsibility for the Sign and shall maintain it in a manner that it does not 2 become unsightly or a hazard; and (4) in the event of any casualty or other damage or destruction to all or any portion of the Sign, and provided that Lynnhaven can obtain approvals to rebuild or replace the nonconforming Sign pursuant to applicable state, federal, and local laws, ordinances, permits, variances, or regulations, including but not limited to, approval(s) from the Virginia Beach City Council, Lynnhaven shall have the right to rebuild and replace the Sign. The dimensions of the Easement are depicted on Plat No. 1 attached as Exhibit B hereto and made a part hereof. Notwithstanding the foregoing or anything herein to the contrary, in the event Lynnhaven desires to take any action following Closing (defined in Section 6 below) that requires governmental consent or approval with respect to the Sign and/or Parcel 2 (including without limitation, any application for rezoning of Parcel 2 and any proposed repair or replacement of the Sign beyond that allowed by right, if any, by virtue of the Sign's status as a lawful non-conforming use),the City,as the then owner of Parcel 2, on behalf of itself and any future owner of Parcel 2, agrees that it will promptly execute and deliver to Lynnhaven or other applicable party any application or similar documents required in connection with any such action or similar matter to allow for proper submission to the governmental entity in accordance with such governmental entity's requirements. Notwithstanding the foregoing, Lynnhaven acknowledges that the City's signature on such application or similar document does not and shall not 3 indicate the City's approval or support of such matter before the appropriate governing body considering such action or matter. ii. that certain parcel of real property identified as Parcel 3 on Exhibit A attached hereto (GPIN: 2407-09-4435), and also shown Tract `B" on Plat No. 1 attached hereto as Exhibit B ("Parcel 3"); iii. Lynnhaven's interest in that certain parcel of real property identified as Parcel 4 on Exhibit A attached hereto (GPIN: 2407-09-5412), and also shown as Tract"C"on Plat No. 1 attached hereto as Exhibit B("Parcel 4"), which is jointly owned with Washington Square (Parcel 2, Parcel 3, and Lynnhaven's interest in Parcel 4 are collectively, the "Lynnhaven Pro a "); and c. the City's purchase of additional property in the vicinity of Parcel 1 and owned by Washington Square,to-wit: i. Washington Square's interest in Parcel 4, which is jointly owned with Lynnhaven; and ii. that certain parcel of real property identified as Parcel 5 on Exhibit A attached hereto(GPIN:2407-19-4539),and also identified as Parcel"A"on that certain plat entitled "PLAT SHOWING PROPERTY TO BE ACQUIRED PARCEL A FROM WASHINGTON SQUARE TOWNHOUSES, LLC. BY CITY OF VIRGINIA BEACH FOR OPEN SPACE & PARK INFRASTRUCTURE DEVELOPMENT & MAINTENANCE II PROJECT, CIP 100289," dated March 8, 2023, and 4 revised April 20, 2023, a copy of which is attached hereto as Exhibit C ("Plat No.2") ("Parcel 5"); and iii. that certain parcel of real property identified as Parcel 6 on Exhibit A attached hereto (GPIN: 2407-19-8383), and also shown as Parcel `B" on that certain plat entitled "PLAT SHOWING PROPERTY TO BE ACQUIRED PARCEL B FROM WASHINGTON SQUARE TOWNHOUSES, LLC. BY CITY OF VIRGINIA BEACH FOR OPEN SPACE & PARK INFRASTRUCTURE DEVELOPMENT & MAINTENANCE II PROJECT, CIP 100289," dated March 8, 2023, and revised April 20, 2023, a copy of which is attached hereto as Exhibit D ("Plat No.3")("Parcel 6")(Parcel 1, Washington Square's interest in Parcel 4, Parcel 5, and Parcel 6 are collectively, the "Washington Square Pro a ") (hereinafter, the Lynnhaven Property and the Washington Square Property are collectively,the "Pro a "). 4. The Parties' agreement to enter into this Agreement is made without prejudice and with no acknowledgement or admission of the validity of the other Party's claims and defenses in the Litigation. 5. Subject to the terms and conditions of this Agreement, and contingent upon Closing the transaction as set forth herein, Lynnhaven, Washington Square, and the City have agreed to compromise and settle any and all past, present and future claims, actions, causes of action, suits, demands, rights, damages, liability, costs, losses of service, loss of access, loss of profits,attorneys' fees, expenses and compensation whatsoever,which Lynnhaven, 5 Washington Square, or the City may have had,now has, or which may hereafter accrue on account of or in any way arising out of or any way related to the Litigation. NOW THEREFORE,the parties covenant and agree,acknowledging the exchange of good and valuable consideration, as follows: 1. Recitals Incorporated.All recitals stated above are hereby incorporated as if fully restated herein. 2. Release Related to the Litigation. a. Effective solely upon the Closing, Seller, for the consideration of payment of the Purchase Price (defined below) and other matters as set forth herein, does hereby and for its heirs, executors, administrators, successors and assigns, release, acquit and forever discharge the City, and its officers, employees, agents, servants, successors, heirs, executors, administrators and all other persons, firms, corporations, associations or partnerships("Releasees"), from any and all liabilities, claims, breaches of contract, disputes,actions,causes of action,demands,rights,damages,costs,loss of service,loss of access, loss of profits, attorney fees, expenses and compensation whatsoever, which Lynnhaven and/or Washington Square may have had,now has,or which may hereafter accrue on account of or in any way arising out of or in any way related to the Litigation and/or Parcel 1 (the "Release"). The foregoing Release is expressly contingent upon the Closing of the transaction as contemplated by this Agreement. In the event this transaction does not close in accordance with its terms, the foregoing Release shall be null and void, and the Litigation shall continue as if this Agreement never occurred. b. It is understood and agreed that this Agreement is the compromise of disputed claims and defenses, and that this Agreement is not to be construed as an admission of liability 6 or concession of a position taken in the Litigation by either Party, and that the City denies liability to Seller,and that Seller denies liability to the City; and this Agreement is intended by the Parties merely to avoid litigation, result in peace, and further the Parties' objectives in the exchange of real property. c. The Parties agree that no further action will be taken to pursue, defend, or otherwise expend resources (monetary or non-monetary) to pursue the Litigation while the transaction contemplated by this Agreement is pending. d. Seller hereby declares and represents that it relies wholly upon its own judgment,belief and knowledge of the claims and defenses in the Litigation, and thus this Release is made without reliance upon any statement or representation of the Party or Parties hereby released or their representatives. e. Seller further declares and represents that, except as otherwise set forth herein, no promise, inducement or agreement not herein expressed has been made to Seller and that the terms of the Release are contractual and not a mere recital. f. No later than three(3)business days after Closing,the Parties agree to submit an agreed order of dismissal, with prejudice, for all claims and defenses raised in or related to the Litigation(the"Dismissal Order")in a form substantially similar to Exhibit E attached hereto and made a part hereof. 3. Supplementary Documents. All parties to this Agreement agree to execute any and all supplementary documents and to take all actions reasonably required to implement and to give full force and effect to the terms and intent of this Agreement, including (i) such documents necessary for the City to take proper title to the Property as described in this Agreement, (ii) a Dismissal Order submitted to the Circuit Court of the City of Virginia 7 Beach to dismiss the Litigation brought by Lynnhaven against the City with prejudice, and (iii) any application or similar document required in connection with any future action or similar matter requiring governmental consent or approval in connection with the Sign and/or Parcel 2 pursuant to Recital 3(b)(i)above. 4. Bindiniz Intent of Settlement and Release. In executing this Agreement,all Parties assert and affirm that they understand and appreciate the terms of the Agreement and have communicated with legal counsel regarding their respective interest herein, and hereby enter into this Agreement knowingly,competently and of their own free will with the intent to be bound. 5. Authorship. The Parties agree that this Agreement reflects the joint drafting efforts of all Parties. In the event any dispute, disagreement or controversy arises regarding this Agreement, the Parties shall be considered joint authors and no provision shall be interpreted against any Party because of authorship. Each Party also agrees that it is fully informed as to the meaning and intent of this Agreement and has been advised by independent counsel in that regard. 6. Agreement to Purchase the Property. The Parties agree that that for and in consideration of the Purchase Price, and other valuable consideration, including the Release as described in Section 2 above,the receipt and sufficiency of which are hereby acknowledged,the City agrees to buy, and Lynnhaven and Washington Square each agree to sell to the City, as applicable,all its rights and interests in certain real property,pursuant to and in accordance with the following terms and provisions: a. Pro g . The City agrees to (i) purchase from Lynnhaven, and Lynnhaven agrees to sell to the City, the Lynnhaven Property, by General Warranty Deed, properly 8 executed, acknowledged, and delivered, with usual English covenants of title, and subject to the Permitted Exceptions (defined below), and further subject to the Easement that Seller is reserving pursuant to Recital No. 3(b)(i), together with the appurtenances and improvements thereon, if any, and (ii) purchase from Washington Square, and Washington Square agrees to sell to the City, the Washington Square Property,by General Warranty Deed,properly executed,acknowledged, and delivered, with usual English covenants of title,and subject to the Permitted Exceptions,together with the appurtenances and improvements thereon, if any. b. Purchase Price. The total consideration for the Property is as follows: ONE MILLION FIVE HUNDRED THOUSAND DOLLARS ($1,500,000.00) in full for the Property (the "Purchase Price"). c. Payment of Purchase Price. The Purchase Price is to be paid by wire transfer of immediately available funds at the time of Closing, as defined below. FIVE THOUSAND AND 00/100 DOLLARS ($5,000.00)of the above consideration will be withheld until the Property has been confirmed that it is vacant and free of waste, debris, and/or hazardous materials. Lynnhaven and Washington Square will timely notify the City Real Estate Agent for the Property to be inspected and accepted. The City Attorney will be notified by the City Real Estate Agent whether to deliver the remaining part of the consideration, and the City Attorney shall promptly cause the release of the remaining part of the consideration. d. Prorations. All rent, interest, taxes, and other appropriate items shall be prorated as of the date of Closing, with Seller responsible for those items up to the Closing Date (defined below), and the City responsible for such items on and after the Closing Date. 9 e. Costs and Expenses. City shall bear the cost of obtaining a title report for the Property and all other closing costs associated with Closing,including but not limited to, all title insurance premiums and its own attorney's fees and costs, and preparation of the Deed(s) and Easement (drafts of which shall be delivered to Seller for review in advance of Closing),and any fees or recording taxes payable by a grantee in connection with recording the Deed(s) and Easement, to the extent City is not exempt from such fees and taxes. City will not bear any costs associated with clearing up or removing liens or encumbrances of title affecting the Property, nor any legal fees or costs of Lynnhaven or Washington Square, including but not limited to, those related to the Litigation. Lynnhaven and Washington Square shall supply affidavits and other documents reasonably required by the City's title insurance company for the issuance of a policy of insurance. f.Conditions Precedent. 1. The obligations of the City to close the transactions contemplated by this Agreement and to pay the Purchase Price are conditioned upon and subject to the satisfaction on or before Closing(or waiver by City)of each of the following conditions: a. The representations and warranties of Seller contained in this Agreement shall be true, complete and accurate on and as of the date hereof and the date of Closing in all material respects, as if the same were made on and as of such date. b. All covenants and obligations of Seller required in this Agreement to be performed on or before the date of Closing have been timely and duly 10 performed in all material respects. c. Title to the Property shall be good and marketable, and subject to no liens, encumbrances, leases, licenses, rights of occupancy, security interests, restrictions, rights of way, easements or encroachments other than the Permitted Exceptions, and the City's title company shall be prepared to issue, at its standard premium rates, a title insurance policy satisfactory to City insuring the title to the Property in the amount of the Purchase Price or such lesser amount as the City may determine. d. Both Lynnhaven and Washington Square are prepared to proceed to Closing. This Agreement is expressly conditioned upon simultaneous closing on Parcels 1-6. e. City Council has appropriated the funds necessary to pay the Purchase Price. 2.In the event that any of the foregoing conditions to Closing have not been met or waived in writing by the City on or before the date scheduled for Closing, the City may either (1) extend the Closing Date until such conditions are satisfied, up to a maximum of ninety(90) days, (ii) elect to terminate this Agreement by written notice to Seller,or(iii)waive in writing such conditions, in which event this Agreement shall be read as if such conditions no longer existed. g. Title. 1.No later than thirty(30)days after full execution of this Agreement,the City shall (i) furnish Seller with a copy of City's title commitment (the "Title Commitment") for the Property issued by a reputable title insurance company 11 (the "Title Company") in the amount of the Purchase Price or such lesser amount as the City may determine,and(ii)notify("Notice of Objection")Seller of any matters reported in the Title Commitment or contained in any survey obtained by the City that would make title to the Property unmarketable or uninsurable under an ALTA owner's title insurance policy in the reasonable opinion of the City (such matters are referred to herein as, the "Title Objections"). 2. Seller shall have ten (10)business days after receipt of the Notice of Objection to notify the City in writing whether or not Seller elects to cure the Title Objections. If Seller elects to cure, Seller shall have a reasonable time to cure the Title Objections. If Seller fails to give notice within such ten(10)business day period, Seller shall be deemed to have elected not to cure. If Seller elects to cure but is/are unable to do so or Seller elects not to cure (or is deemed to have elected not to cure) any or all of the Title Objections identified by the City in the Notice of Objection, the City shall have the right to elect within ten(10) business days after receipt of Seller's written notice of inability to do so or refusal to do so(or after Seller's deemed election not to do so),to(i)accept title and survey subject to the Title Objections and proceed to close the transaction notwithstanding the existence of the uncured Title Objections without any abatement in the Purchase Price, or (ii) terminate this Agreement by written notice to Seller. 3. Seller covenants that it will not voluntarily create or cause or permit a lien or encumbrance to attach to the Property between the date of this Agreement and 12 Closing. 4. All matters of title that are shown as exceptions in the Title Commitment and which do not constitute Title Objections or that are Title Objections which are either(i)cured by Seller, or(ii)subsequently accepted by the City as provided above, shall be referred to collectively as,the "Permitted Exceptions." h. Study Period. 1. City shall have a period of sixty(60)days from the full execution of this Agreement to conduct, at the City's sole cost and expense, any and all title examinations, surveys, soil tests, engineering studies, access to utilities, environmental studies, site inspections and/or studies which City deems necessary or relevant in connection with the acquisition of the Property("Study Period"). City,upon written notice to Seller,may waive all or any portion of this Study Period. . 2. If the results of any inspection or investigation as specified in Section 6.h. are deemed unsatisfactory to City in City's reasonable discretion, City shall have the right to terminate this Agreement by giving Seller written notice on or before the expiration of the Study Period. If City terminates this Agreement pursuant to this Section 6.h., neither Party shall have any further liability to the other under this Agreement. In the event the Agreement is terminated, the Litigation shall be continued as if this Agreement never occurred. 3.This Study Period may be extended for a period of thirty (30) days by City if City deems necessary for 1) any environmental assessment or 2) preparation of an acquisition plat. i.Closing. The closing of the transaction contemplated by this Agreement(the"Closing") 13 will be on or before ninety (90) days from the date this Agreement is fully executed and delivered by all parties(the"Closing Date")or the conclusion of the Study Period. This Closing Date may only be extended as expressly provided elsewhere in this Agreement, or to assist in Seller's 1031 transaction, not to delay the Closing by more than thirty(30)days. j.Vacating Property. Seller will vacate and remove all personal property from the Property by the date of Closing. Closing will not occur until Seller has vacated the Property. In the event Seller has not vacated the Property, excepting its reserved right to the Easement, on or before Closing, City reserves any and all remedies available at law or in equity. k. Tenancies. Seller warrants that the Property is free of any tenancies, and Seller will not lease or allow the use of the Property to any person or entity, other than the City as set forth herein. In the event this clause is violated, Seller agrees to compensate any such tenant for any damages said tenant may.suffer and sustain by reason of the conveyance agreed to hereunder and will save the City harmless from any and all claims that may be made by said tenant by reason of such conveyance. I.Possession/Access/Right of Entry. Upon full execution of this Agreement, the City, or its agents or contractors, may exercise the right to enter upon the Property with reasonable prior notice to Seller. m. Environmental Concerns. 1. For purposes of this clause the following definitions shall apply: a. "Hazardous Substances" means asbestos and any and all pollutants, dangerous substances, toxic substances, hazardous wastes, hazardous 14 materials and hazardous substances as referenced or defined in, or pursuant to, any federal, state, local or other applicable environmental law, statute, ordinance, rule, order, regulation or standard in effect on the date hereof including,without limitation,the Resource Conservation and Recovery Act (42 U.S.0 6901, et seq.), as amended, the Federal Insecticide, Fungicide and Rodenticide Act (7 U.S.C. 135, et seq.), as amended, the Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C. 9601, et seq.), as amended, and the Toxic Substance Control Act(15 U.S.C. 2601, et seq.), as amended. b. "Environmental Release"means placing,releasing,depositing, spilling, leaking,pumping, emitting, emptying, discharging, injecting, escaping, leaching, disposing or dumping. c. "Environmental Condition" means any condition, including without limitation,the Environmental Release of Hazardous Substances,located on or affecting the Property that could require remedial action and/or may result in claims, demands, liabilities, costs and/or expenses to the City. d. "Notice"means any written, civil,administrative or criminal summons, citation, directive, order, claim, litigation, investigation, proceeding, judgment, letter or other communication from the United States Environmental Protection Agency ("USEPA"), the Virginia Department Environmental Quality, or other federal, state or local agency or authority, or any other entity or any individual, concerning 15 any intentional or unintentional act or omission which has resulted or which may result in the Environmental Release of Hazardous Substances on or into the Property or otherwise relates to an Environmental Condition. 2. Except as set forth on Exhibit F attached hereto and incorporated herein, Lynnhaven and Washington Square each covenant, represent and warrant to City that (i) Lynnhaven and Washington Square have received no Notice, (ii) to the best of its knowledge and belief,Lynnhaven and Washington Square have not caused or permitted any Environmental Condition on or affecting the Property, and knows of no such Environmental Condition caused or permitted by any other person or entity, and (iii) to the best its knowledge and belief, Lynnhaven and Washington Square have not caused or permitted, the Property to be used to generate, manufacture, refine, transport, treat, store, handle, dispose,transfer,produce or process,Hazardous Substances or other dangerous or toxic substances or solid wastes. Except as set forth on Exhibit F attached hereto and incorporated herein, Lynnhaven and Washington Square further covenant, represent and warrant that, to its knowledge, there is no action, suit, proceeding, claim, investigation, citizen suit or review pending or threatened against or affecting the title to the Property. Should any notice of such an action, suit, proceeding, claim, investigation or citizen suit be received, it will be promptly forwarded to the Office of the City Attorney of the City of Virginia Beach, Virginia. 7. Failure to Perform. If Seller refuses to vacate the Property, or any portion thereof, on or 16 before Closing, or otherwise fails to consummate the transaction as contemplated herein, and such refusal to vacate or failure to consummate the transaction shall continue for a period of thirty (30) days after written notice from the City of such refusal or failure is received by the Seller, the City shall be entitled to terminate this Agreement or pursue a claim for specific performance or any other remedy, in its sole discretion. In the event a suit or specific performance or other remedy is necessitated by Seller's breach, Seller warrants and agrees that it shall be liable for City's reasonable attorney's fees as well as costs attributable to delays, if any. The City expressly preserves its rights to pursue any an all claims, at law or in equity, or to pursue any other remedy, by reason of the breach of this Agreement. If the City fails or refuses to consummate the transaction as contemplated herein, and such failure to consummate the transaction shall continue for a period of thirty (30) days after written notice from the Seller of such failure is received by the City, the Seller shall be entitled to terminate this Agreement. In the event the Agreement is terminated by either party as aforesaid, the Litigation shall be continued as if this Agreement never occurred. 8. Entire Agreement. There have been no other promises, considerations or representations made which are not set forth in this Agreement. There shall be no modification of this Agreement except in writing executed by Lynnhaven,Washington Square, and City. 9. Survival. The covenants, agreements, representations, warranties and indemnities of Seller as to title (per Section 6(a)) and environmental (per Section 6(m)) shall survive Closing. Any other covenants, agreements, warranties and indemnities of Seller and the City contained in this Agreement shall survive Closing but such survival shall terminate when the applicable statute of limitations ceases to authorize a cause of action. 17 10. Successors and Assigns. The terms and provisions of this Agreement are binding upon and will inure to the benefit of the parties, their respective successors and assigns. Lynnhaven and Washington Square may not assign the rights and benefits of this Agreement except upon written consent of the City, except however,Lynnhaven may sell, assign or transfer its rights in the Easement without the consent of the City. 11. Compliance with Tax Laws. In accordance with instructions by the Department of the Treasury, Internal Revenue Service, for Form 1099-S, the Seller is required by law to provide the City Attorney's Office,Municipal Center, Virginia Beach, VA 23456,with its correct taxpayer identification number(s). If Seller does not provide the City Attorney's Office with its correct taxpayer identification number(s), Seller may be subject to civil or criminal penalties imposed by law Seller will also provide the City Attorney's Office with other documents necessary for City to comply with State reporting requirements. Under the penalties of perjury, by signing below, Lynnhaven and Washington Square certify that the taxpayer identification number provided to the City or to be provided to the City is the correct taxpayer identification number. 12. No Broker. Lynnhaven, Washington Square, and City represent and warrant that no broker was involved in this transaction. Lynnhaven, Washington Square, and City warrant unto each other that no broker fees or commissions are owed. 13. Notices. All notices to be delivered hereunder shall be sent in writing and shall be deemed given (i) two (2) business days after being mailed by U.S. registered or certified mail, postage prepaid, return receipt requested, (ii) one (1) business day after being deposited with a nationally recognized overnight delivery service (such as Federal Express), or (iii) on the date of delivery, if delivered in person, addressed and to the attention of the 18 respective parties set forth below. Notices delivered by email transmission shall be effective on the date of such email transmission, provided notice is also simultaneously sent by another method permitted hereunder. Notices may be given by counsel on behalf of either Party. Buyer/City: City of Virginia Beach Tim Copeland, City Real Estate Agent Department of Public Works/Real Estate 2473 N. Landing Road, Building 23 Virginia Beach, VA 23456 Email: JGCo elandAvb ov.com Copy to: Elizabeth S. Chupik, Associate City Attorney 2473 N. Landing Road, Building 23 Virginia Beach, VA 23456 Email: echupik(a-)vbgov.com Seller/Lynnhaven: Lynnhaven Area Properties, LLC 2859 Virginia Beach Blvd., Suite 106 Virginia Beach, VA 23452 Attn: Chris Wood Email: chrisCmcleskey.com Copy to: Woods Rogers Vandeventer Black PLC 101 West Main Street 500 World Trade Center Norfolk, Virginia 23510 Attn: James R. Harvey, Esq. Attn: James B. Rixey, III, Esq. Email: iim.harveyAwrvblaw.com Email: is .rixeyna,wrvblaw.com Seller/Washington Square: Washington Square Townhouses, LLC 2859 Virginia Beach Blvd., Suite 106 Virginia Beach, VA 23452 Attn: Chris Wood Email: clu-isAmcleskev.com Copy to: Woods Rogers Vandeventer Black PLC 101 West Main Street 500 World Trade Center Norfolk,Virginia 23510 Attn: James R. Harvey, Esq. 19 Attn: James B. Rixey, III, Esq. Email: iim.harvgyAwrvblaw.com Email: iay.rixey(&wrvblaw.com 14. Governing Law/Venue. This Agreement shall be deemed to be a Virginia contract and shall be governed by the laws of the Commonwealth of Virginia, and the parties hereto designate a court of competent jurisdiction in the City of Virginia Beach as the venue for the resolution of all litigation that may arise from this Agreement. 15. Amendment. This Agreement may not be amended or modified except by a written instrument signed by the duly authorized representatives of all of the Parties. 16. Headings. The headings of sections are designed to facilitate ready reference to subject matter and shall be disregarded when resolving any dispute concerning the meaning or interpretation of any language contained in this Agreement. 17. Authority to Sign Agreement and Release. The individuals signing this Agreement and the Parties on whose behalf such individuals are signing hereby represent and warrant that they are empowered and authorized to sign on behalf of and bind the Parties for whom they have signed. 18. 1031 Exchange. The parties acknowledge that Lynnhaven and/or Washington Square may wish to enter into a like-kind exchange (either simultaneous or deferred) with respect to the Property (the"Exchange")pursuant to the applicable provisions of Section 1031 of the Internal Revenue Code of 1986, as amended. Notwithstanding anything to the contrary contained herein, Lynnhaven and Washington Square shall have the right to assign his/her/its interest under this Agreement to a qualified intermediary without City's consent to effectuate the Exchange, including execution of any necessary acknowledgment documents; provided, however, that notwithstanding any such assignment, Lynnhaven 20 shall not be released from any of its liabilities, obligations or indemnities under this Agreement. The parties shall cooperate in all reasonable respects to effectuate such Exchange; provided,however,that: (a)Closing shall not be extended or delayed by reason of such Exchange except as provided in Section 6.i.; (b)City shall not be required to incur any additional cost or expense or liability as a result of such Exchange; and (c) Lynnhaven's or Washington Square's ability to consummate the Exchange shall not be contingent or a condition to the obligations of Lynnhaven or Washington Square under this Agreement. Lynnhaven and Washington Square warrant that the City shall not be responsible for any of the tax consequences with respect to the transactions contemplated hereunder. 19. Signatures of Parties. The following information must be provided on the signature lines below:the authorized signatory of each Seller shall sign and print his/her name and provide his/her title. At or prior to Closing, each Seller shall provide the City with its taxpayer identification number and a resolution authorizing the sale of the property. 20. Waiver. The failure of any Party at any time or times to require performance of any provisions of this Agreement shall in no manner affect the right at a later time to enforce such provision. No waiver by either party of any condition, or the breach of any term, covenant, representation or warranty contained in this Agreement, whether by conduct or otherwise, in any one of more instances, shall be deemed a further or continuing waiver of condition or covenant, representation or warranty contained in this Agreement. 21. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, and all of which, when taken together, shall constitute one and the same instrument. 21 WITNESS the following signatures and seals: BUYER: CITY OF VIRGINIA BEACH: By: (SEAL) (DATE) City Manager/Authorized Designee of City Manager Attest: Amanda F. Barnes, MMC,City Clerk SELLER: LYNNHAVEN AREA PROPERTIES, LLC a Virginia limited liability company By: (SEAL) Name: Title: w . MAIL . G ADDRESS: 2859 Virginia Beach Blvd., Ste. 106 Virginia Beach, VA 23452 SELLER: WASHINGTON SQUARE TOWNHOUSES, LLC a Virginia limited liability company By: (SEAL) Name: Title: MAILI G ADDRESS: 2859 irginia Beach Blvd., Ste. 106 Virginia Beach, VA 23452 22 Certified as to Content Approved Form Approved Availability of Funds Director of Finance Real Estate Agent City Attorney 23 EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY Parcel 2 and Parcel 3 below are owned by Lynnhaven. Parcel 1, Parcel 5, and Parcel 6 below are owned by Washington Square. Parcel 4 below is owned by both Lynnhaven and Washington Square as a result of a street closure. Parcel 1 (GPIN: 2407-09-6257): ALL THAT CERTAIN lot, piece and parcel of land, together with the improvements thereunto belonging, lying, being and situate in the City of Virginia Beach, Virginia and being known, designated and described as "now or formerly Lynnhaven Building Supply (D.B. 823, P. 492) GPIN 2407-09-6257"as shown on that certain plat entitled, "PLAT SHOWING A PORTION OF OLD WOLFSNARE ROAD TO BE CLOSED AND VACATED BY THE CITY OF VIRGINIA BEACH, VIRGINIA LYNNHAVEN BOROUGH —VIRGINIA BEACH, VIRGINIA" Scale: 1" =40', dated February 27, 1981,prepared by Rouse—Sirine Associates, Ltd.,which was recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach as Instrument Number 201600016543, to which reference is made for a more particular description. Parcel 2 (GPIN: 2407-09-2464): ALL THAT CERTAIN lot, piece and parcel of land, together with the improvements thereunto belonging, lying, being and situate in the City of Virginia Beach, Virginia and being known, designated and described as "NOW OR FORMERLY F. WAYNE MCLESKEY,JR. (D.B. 1486, P. 203)" as shown on that certain plat entitled, "PLAT SHOWING A PORTION OF OLD WOLFSNARE ROAD TO BE CLOSED AND VACATED BY THE CITY OF VIRGINIA BEACH, VIRGINIA LYNNHAVEN BOROUGH —VIRGINIA BEACH, VIRGINIA" Scale: I" =40', dated February 27, 1981,prepared by Rouse—Sirine Associates,Ltd.,which was recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach as Instrument Number 201600016543, to which reference is made for a more particular description. Description. Reserving unto the Grantor, its successors and assigns, an approximately 1,565 square foot sign, access, and maintenance easement, together with improvements thereon, in the location more particularly described as "VARIABLE WIDTH SIGN ACCESS & MAINTENANCE EASEMENT TO BE RESERVED, AREA = 1,565 SQ. FT. OR 0.03593 AC (SEE NOTE 6)," (collectively, the "Easement"), on the plat entitled "PLAT SHOWING PROPERTY TO BE ACQUIRED, TRACTS A, B, C & D FROM LYNNHAVEN AREA PROPERTIES, LLC, & WASHINGTON SQUARE TOWNHOUSES, LLC, BY CITY OF VIRGINIA BEACH FOR OPEN SPACE PARK & INFRASTRUCTURE DEVELOPMENT & MAINTENANCE II PROJECT, CIP 100289," and dated March 8, 2023. The following terms apply to the Easement: (1)the Easement shall allow the Grantor to own,maintain, and repair that certain existing wooden sign(the"Sign") located on the Easement; (2)the Sign is and shall remain subject to all applicable state, federal and local laws, ordinances,permits, variances, or regulations; (3) Grantor shall bear all liability and responsibility for the sign and shall maintain it in a manner that it does not become 24 unsightly or a hazard; and(4)in the event of any casualty or other damage or destruction to all or any portion of the Sign, and provided that Grantor can obtain approvals to rebuild or replace the nonconforming Sign pursuant to applicable state, federal, and local laws, ordinances, permits, variances, or regulations, including but not limited to, approval(s) from the Virginia Beach City Council, Grantor shall have the right to rebuild and replace the Sign. Parcel 3 (GPIN: 2407-09-4435): ALL THAT CERTAIN lot, piece and parcel of land, together with the improvements thereunto belonging, lying, being and situate in the City of Virginia Beach, Virginia and being known, designated and described as "LOT 4 SUBDIVISION OF PROPERTY OF ALLEN E. PERREL (M.B. 110, P. 48) NOW OR FORMERLY F. WAYNE MCLESKEY, JR. (D.B. 1623, P. 744) GPIN 2407-09-4435"as shown on that certain plat entitled, "PLAT SHOWING A PORTION OF OLD WOLFSNARE ROAD TO BE CLOSED AND VACATED BY THE CITY OF VIRGINIA BEACH, VIRGINIA LYNNHAVEN BOROUGH — VIRGINIA BEACH, VIRGINIA" Scale: I" =40', dated February 27, 1981,prepared by Rouse— Sirine Associates, Ltd.,which was recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach as Instrument Number 201600016543, to which reference is made for a more particular description. Parcel 4 (GPIN: 2407-09-5412): ALL THAT CERTAIN lot, piece and parcel of land, together with the improvements thereunto belonging, lying, being and situate in the City of Virginia Beach, Virginia and being known, designated and described as "OLD WOLFSNARE ROAD TO BE CLOSED AND VACATED AREA — 19,365 SQUARE FEET (INCLUDING PERMANENT DRAINAGE EASEMENT) GPIN 2407-09-5412"as shown on that certain plat entitled, "PLAT SHOWING A PORTION OF OLD WOLFSNARE ROAD TO BE CLOSED AND VACATED BY THE CITY OF VIRGINIA BEACH, VIRGINIA LYNNHAVEN BOROUGH — VIRGINIA BEACH, VIRGINIA" Scale: 1" =40', dated February 27, 1981,prepared by Rouse— Sirine Associates, Ltd., which was recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach as Instrument Number 201600016543, to which reference is made for a more particular description. Parcel 5(GPIN: 2407-194539): ALL THAT CERTAIN lot, piece and parcel of land, together with the improvements thereunto belonging, lying, being and situate in the City of Virginia Beach, Virginia and being known, designated and described as "PARCEL A" as shown on that certain plat entitled, "PLAT OF SUBDIVISION OF WASHINGTON SQUARE BLOCKS D, F&G SECTION 1 LYNNHAVEN BOROUGH VIRGINIA BEACH, VIRGINIA," Scale: 1" = 100', dated March 9, 1971, prepared by Talbot, Wermers, and Standing, Ltd., which was recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach in Map Book 86, at page 17,to which reference is made for a more particular description. Parcel 6 (GPIN: 2407-19-8383): ALL THAT CERTAIN lot, piece and parcel of land, together with the improvements thereunto 25 belonging, lying, being and situate in the City of Virginia Beach, Virginia and being known, designated and described as "PARCEL `B' AREA =0.174 ACRES" as shown on that certain plat entitled,"PLAT OF SUBDIVISION OF WASHINGTON SQUARE BLOCKS 1,J&K SECTION 2 LYNNHAVEN BOROUGH VA. BEACH, VA," Scale: 1" = 50', dated December 29, 1971, prepared by Talbot, Wermers, and Standing,Ltd.,which was recorded in the Clerk's Office of the Circuit court of the City of Virginia Beach in Map Book 93,at page 16,to which reference is made for a more particular description. AS TO PARCEL 2, PARCEL 3, AND PARCEL 4 ABOVE, TOGETHER WITH all right, title and interest of Lynnhaven,if any, in and to any and all easements,rights of way,private roads and other rights of access, ingress and/or egress adjacent to, appurtenant to or in any way benefiting the above-described parcels. AS TO PARCEL 1,PARCEL 4, PARCEL 5 AND PARCEL 6, TOGETHER WITH all right,title and interest of Washington Square, if any, in and to any and all easements, rights of way, private roads and other rights of access, ingress and/or egress adjacent to, appurtenant to or in any way benefiting the above-described parcels. 26 Exhibit B Plat No. I [See Attached] 27 AREA TABLE PROPERTIES TO BE ACQUIRED Sq.Ft. and Ac. NOTES TRACT A' 27.459 Sq Ft. or 0.63037 Ac. GPIN: 2407-09-2464 1. THE MERIDIAN SOURCE OF THIS PUT IS BASED ON THE VIRGINIA STATE PLANE COORDINATE SYSTEM, SOUTH ZONE, NAD 1983/1993 (HARN). RESIDUAL TRACT'A' 0.00 Sq. Ft. w 0.00000 Ac. COORDINATE VALUES SHOWN HEREON ARE EXPRESSED IN U.S. SURVEY FEET AND ARE DERIVED FROM GPS UTILIZING THE CITY OF VIRGINIA TRACT B BEACH VIRTUAL REFERENCE STATIONS (VRS) NETWORK. GPIN.' 2407-09-44J5 42.190 Sq. Ft. w 0.96855 Ac.LOT 4 2. THIS PLAT IS A RESULT OF A FIELD SURVEY OF EXISTING MONUMENTS COMBINED WITH THE COMPILATION OF DEEDS AND PLATS SHOWN HEREON. RESIDUAL TRACT'B' 0.00 Sq.Ft. or 0.00000 Ac. 3. THIS PLAT WAS PREPARED UTILIZING A TITLE REPORT PREPARED BY WFG � TRACT'C' NATIONAL TITLE INSURANCE COMPANY DATED FEBRUARY 13. 2023. ,PIN: 2407-09-5411 19,228 Sq. Ft. ar 0.44141 A. COMMITMENT NUMBER ST23-0004A-1 & ST23-0004E-1. 4. THIS PLAT IS INTENDED FOR ACQUISITION PURPOSES ONLY AND DOES NOT RESIDUAL TRACT'C' 0.00 Sq.Ft. w 0.00000 Ac. CONSTITUTE A SUBDMSION OF LAND. 5. PROPERTIES TO BE ACQUIRED BY DEED. GPIN.' 2407-09 TRACT 9 220,629 Sq. Ft. w 5.06495 Ac. -6257 6. VARIABLE WIDTH SIGN ACCESS & MAINTENANCE EASEMENT TO BE RESERVED BY GRANTOR BY DEED TO BE RECORDED CONTEMPORANEOUSLY HEREWITH. cmmmm LOCATION_MAP SCALE: 1' 1200 RESIDUAL TRACT D' 0.00 Sq. Ft. w 0.00000 Ac. 7. TRACT 'C' IS SUBJECT TO A 15' VIRGINIA ELECTRIC AND POWER COMPANY EASEMENT AS SHOWN IN DEED BOOK 1948 PAGE UNKNOWN. LOCATION VARIABLE WIDTH SIGN ACCESS& MAINTENANCE EASEMENT 1,565 Sq.Ft. w 0.03593 Ac. UNKNOWN. TOTAL AREA TRACTS A. B, C. &D 509,506 Sq. Ft. w Z10526 Ac. RESIDUAL TRACTS A,B, C. &D 0,00 Sq. Ft. w 0.00000 Ac. PROPERTIES TO BE ACQUIRED TRACT 'A' BEING DESIGNATED AS PARCEL III, IN A DEED RECORDED IN THE CLERK'S OFFICE OF THE CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH IN INSTRUMENT # 20080818000976290. GPIN; 2407-09-2464. TRACT 'B' BEING DESIGNATED AS PARCEL I, IN A DEED RECORDED IN THE CLERK'S OFFICE OF THE PLAT SHOWING CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH AS INSTRUMENT 0 20080818000976290; AND ALSO BEING DESIGNATED AS LOT 4 AS SHOWN ON THE PLAT RECORDED IN M.B. 110 PROPERTY TO BE ACQUIRED PG. 48. GPIN: 2407-09-4435 TRACT 'C' TRACTS A, B, C, & D FROM BEING THE CIRCUITNATED C URTOLD OF THE CITYE ROAD, IN A DEED OF VIRGINIA BEACH INECORDED IN INSTRUMENT THE 201603010001ICE OF 654440, LYNNHAVEN AREA INSTRUMENT g 2008071000OB09510 AND IN A DEED OF CORRECTION IN INSTRUMENT If PROPERTIES, LLC 20080922001111740. BEING OLD WOLFSNARE ROAD TO BE CLOSED AND VACATED AS SHOWN ON THE PLAT RECORDED AS INSTRUMENT # 20160301000165430. GPIN; 2407-09-5412. & TRACT 'D- WASHINGTON SQUARE BEING DESIGNATED AS PARCEL II.TRACT A, IN A DEED RECORDED IN THE CLERK'S OFFICE OF TOWNHOUSES, LLC THE CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH AS INSTRUMENT # 20080710000809510 BY AND BEING DESIGNATED AS PARCEL I, IN A DEED OF CORRECTION AS INSTRUMENT rr CITY OF VIRGINIA BEACH 2008GO922001111740. GPIN; 2407-09-6257. FOR OPEN SPACE R PARK INFRASTRUCTURE DEVELOPMENT a MAINTENANCE D PROJECT,CIP 100989 �4 sp1TH OF DEPARTMENT OF PUBLIC WORKS,ENGINEERING GROUP,SURVEY BUREAU n TEL(757)SW4131:2473 N.LANDING ROAD:OLDS.23:ROOM 160 VIRGINIA BEACH.VIRGINIA 23456 U L 426 Y r BY APPROVAL, THE UNDERSIGNED DOES NOT CERTIFY AS TO THE CORRECTNESS OF THE Q BOUNDARY, STREETS OR OTHER LINES SHOWN ON THIS PLAT. EXISTING PUBLIC RIGHT-OF-WAY, �y0 EASEMENTS OR OTHER PUBLIC INTERESTS NOT SHOWN ON THIS PLAT REMAIN IN EFFECT AND ARE "] SURN NOT TERMINATED OR EXTINGUISHED BY OMISSION FROM THIS PUT. APPROVED: DATE: CIYY OF VIRGINIA BEACH DIRECTOR OF PUBLIC WORKS. CITY OF VIRGINIA BEACH MARCH 8,2023 JOS NO.220330 SHEET 1 OF 2 WOLFSNARE ROAD (RELOCATED) N 3.479,5Q5.SJ27 ' SEE SHEET 1 FOR NOTES E 12,zo0,184.506J (60' R\W) (M.8. 108 PG. 3) (M.B. 107 PG. 55) S 81'33'58"E AND AREA TABLE CURVE DATA CHART N 84T)9'41"E 205.75' C3 15.00 �"' ---.- 219.18' N 84.09'41'E C2 c NUMBER ARC RADIUS DELTA ANGLE TANGENT CHORD DIRECTION CHORD LENGTH EASEMENT TO BE L1 11RMNACE:'dt HM,NWAY yt:.. (` _ RESERVED do //'�i M.-- -' Ste, s' w C1 39.25 25.00' 89,57*00, 24.98' N 39'11'11'E 35.34' (SEE 107E 6)-. '� L Ali O /i Nl7M '� l7 ;l3 , NOw FORMERLY S<, � C2 63.74' 590.00' 691'24' 31.90' N 8IW59"E 63.71' LYNNHAVEN AEA / 1113T.218000976290 •. ',1� -LYNNWIVET!NtEA PROPERTIES.LLC 6�5 f' r�� C3 40.81' S90.00' 357'47" 20.41' N 7S59'23"E 40.80' M.B. toe PO 3 LS o, RLST.200B0B1B000076290 : 'P �, o n N cPm:z40T-Og 2 'gip M.B. 110 PG 4B �'�g5 6 N� p ,a, C4 38.53' 90.35' 24'25'55" 19.56' N 86'13'27'E 38.24' c� / UP94:2407 09 44J3 o n CS 27.09' 30.00' S1'4J'SY 14.55' S 55'42'02"E 26.18' TRACT A ro'aRAMAC[EA.YVENr.lDF 4 y //' /� w o°Qi MNNACE M HIGHWAY NN J �✓` MAINTENANCE EASEMENT moue TRACT 9' /.i .� � C6 342.64' 2200.00' 8'55'25" 171.67' N 50'08'53"E 342.30' A. M9. ine a3 veaMANEHr J 347.31' 2230.00' 855'25 174.01' S 50'08'53'W 346.96' .. RAGE i ��l NOW Lq FORMERLY �� 2� C7 DDRM:i n0 w; w i LYMHAtt<t7E,AREA pvroERlfEs,uc rD i C8 64.51' 494.73' T28Y5' 32.30' N 415T02"E 64A6' tit i/ MST.20IM30100D166440(DEED) •O O MST.20160J01000163430(PLAT) GY S N AND NON,OR GAMY o n U� C9 1 35.19 524.7S 3'50'32' 17.60' S 43*59,32,W 35,18' wASamCm.+SQUARE'7owMq/gs;LLa v� o CIO 102.55' 941.45' 674'28' 51.33' S 325799"E 102.50' MST.100BO7T00009095f0(D®J .i: ..i�- >yr MST.200909220MIF1740(CORRECTED,DEED) -10'PI7BI/C OWAMAQ EAJEMDYr LVW.'2407-09-5412 .,M.6.157 PG I ..'.'.: Z / / tRACT D LINE DATA CHART C° :.NOW oft F'00ERLY .. .. NUMBER DIRECTION DISTANCE SQUAW TOWNHOUSES.U.C'b PUBLIC DRAINAGE EASEMENT wAINs'T°N 2oate0009 'ti�1� LEGEND L1 N 84'09'41'E 80.44' INST. 20160J01000163450 INST.2008092200111 t 740 I APPROMMATE LOCATION OF AN OPM:2407-OC-6257 �C9 �B N 6T)6'28"W EX 20 14ROMA ELECTRIC AND POWR �C)`y S • PM raven L2 S 5'S099"E 52.00' COMPANY EASEMENT D B r 18B PG 479 TRACT D : �2111 r �48.43' �'Pc.i�QL O PM SET L3 N 84'09'41'E 7.50' oy \ S 38 4797 09 3 4 q�y�Os L4 S 5'50'19"E 15.00' S 3'2011��,y6� ��: 5 c \91P ® worMOHuvEHr ra/rro L5 S 84'09'41"W 35.00' �49.Od Q - 3 w`�. JjB�Js"a% g 72J611 CZ : 6 7�/ /// BE ACOUREn rY To L6 N 5'50'19'W 15.00' Q O .. -eA cP l -87.88 `\\., 5 54'07'45 W 8�i L7 N 84'09'41'E 7.50' �/ jU O 1NfMMGE 3� 40 r B;j zs.00 s n4•Gs'l o'E W W O M.B.112 G. � LJ / 41 ?1J' 97 67' // i SA?V ACCE55 h NAMIENANCE ah 11x x 54 \39` $. : -,' ...(j /9 4iDENOTES VARYABLE LB N 5'S0'19"W 52.00' Y Vf \ ,� / EASEMENT TO BE RESERVED U oao z :. f m•� �38 N .� �` AREA= 156J so.Fr. OR L9 N 84'U9'41'E 20.00' cod 0.03595 AC.(SEE NOTE 6) W c ` 42,0 97 Z +N ►S 37 43 A �QG y�i 44 +68, �`Ti L 44 � �42 4 4 46 PLAT SHOWING �. ... ..... I 5/0'��4r,A N r 46/m6 9 0 47 W a 40 i PROPERLY TO BE ACQUIRED 36 as g Z TRACTS A. B, C. 44t D N J, 479,900.6258 {{i J' 47 /�•1 39 E 12.IOO.J20.9579 ....... ....:::..:.}?:i�:(C�'':i' i 49 m + /�s 4 i / `;W J 38 FROM 'a N 5'52'03"W v r s3� ��ycjm�� ss / + 50 LYNNHAVEN AREA 64.52' / 37 PROPERTIES, LLC 58/ 56 m 36 WASHINGTON SQUARE 'L6 6 \' 2;:::1''`:`.`;+',`. 3�c`°\4'9 /55/54/5352/ `38� �� 1,':i;; ;:,es`• 3/ 9P� / �` 34 TOWNHOUSES, LLC y+ 30/� 51 �- / 33 BY # 29 /// 32 CITY OF VIRGINIA BEACH ER� Se o ��.,..:.::.� NOW OR F MLY/ // / (.f0• OV � 31� FOR S 8470'11 W '::::::: 2B / / R Wj / /( / e OPEN SPACE 6 PARK INFRASTRUCTURE DEV$LOPMENT ,.::.► EMERALD POINT, LLC 1 C INST. 200412280199929 / / (�I, 3G < / / S d MAINTENANCE 11 PROJECT.Cm 100289 _ M.B. 186 PG. 49 , UBp Vf PROPERTY OF CPIN: 2407-08-7597 27 / / Wq IhSiON pG, 7 29 PARCEL R-3 \� / 2�sINGA CIT D.BF 1541 VIRGINIA BEACH 7 -' \� / // / /24 23/OB SR f�SQ'Ap DEPARTMENT OF PU9WC WORKS,ENGINEERING GROUP.SURVEY BUREAU D.B. 1541 PG. 313(PLAT) / / '/ / / 22/ 9>PG c 4Rry TEL(757)365-4191;2479 N.LANDING ROAD;BLDG.23;ROOM 160 GP N: 2407-08-3668 / / / /21/7n ��7>g6 / / / 4,SoH OF VIRGINIA BEACH,VIRGINIA 23436 BY APPROVAL, THE UNDERSIGNED DOES NOT CERTIFY AS TO THE CORRECTNESS OF THE �i� _`` Gam, BOUNDARY, STREETS OR OTHER LINES SHOWN ON THIS PLAT. EXISTING PUBLIC RIGHT-OF-WAY, a Ouotd JJ�lLt,,,,,3Mith 'Z EASEMENTS OR OTHER PUBLIC INTERESTS NOT SHOWN ON THIS PUT REMAIN IN EFTECT AND ARE cJ Lt9FyM1/J4x6 NOT TERMINATED OR EXTINGUISHED BY OMIS FROM FROM THIS PUT. 0 SETt20 oQ APPROVED: DATE: GRAPHIC SCALE � �SUR4 CITY OF VIRGINIA BEACHE� DIRECTOR OF PUBLIC WORKS, CITY OF VIRGINIA BEACH 1"�eo• MARCH$,2023 JOB NO.220330 SHEET 2 OF 2 Exhibit C Plat No. 2 [See Attached] 28 \\ ��•j11 \ 63 \\ \ 64 LEGEND 9g JP� \ \ • PIN FavNo P�,�fig• �O�S�1 \ 65 o DE scr DEN07ES PROPERTY TOACO \\ S�'��G6 QG• 66 \ 8E acouaeED \ \ ,NP \ 67 - 69 \ N g J09,6B6.J706 70 E 17.201.491.7220 x G orn 71 \\ c� \ 101A g° \ 72 \ G4. ,�� c�. �O Rny,.. ! E-74 ......bb .............. \ 75 \\ \ �� 51 102 s N LocAnoN MAP sCALE: 1 = 1,200' F ....... \ NOTES: Z€ zip�e `\ �..oa ,�►Q'::::::' � '0 �o >0 d 76 f �� .... 103 0 •.... met\ �0,4� QG Ay.G \ 1. THE MERIDIAN SOURCE OF THIS PLAT IS BASED ON THE VIRGINIA STATE �9� `P PLANE COORDINATE SYSTEM, SOUTH ZONE, MAD 1983/1993 (HARN). 0, �1'�, ''.'.' p F' COORDINATE VALUES SHOWN HEREON ARE EKPRESSED IN U.S. SURVEY �• �• 1.t• AS J \ 104 FEET AND ARE DERIVED FROM GPS UTILIZING THE CITY OF VIRGINIA ''' GQ`aGd•.'. 11 �O^ BEACH VIRTUAL REFERENCE STATIONS (VRS) NETWORK. Qp4........ `p �. v p��, `\ 2. THIS PUT 15 A RESULT OF A FIELD SURVEY OF EXISTING MONUMENTS Q COMBINED WITH THE COMPILATION OF DEEDS AND PLATS SHOWN HEREON. � \ 105 3. THIS PLAT WAS PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT. \OC\�� 1' Q• 0• 1\ 4. THIS PLAT IS INTENDED FOR ACQUISITION PURPOSES ONLY AND DOES NOT QJPO�\ �'', .. �-^^1 y��,• 106 CONSTITUTE A SUBDIVISION Of LAND. 100 / p� \\ 5. PROPERTIES TO BE ACQUIRED BY DEED. �'' \ 99 � 107 \ N J 479524.7886\ 98 108 ` ,C�, `\ AREA TABLE E IZ201.231.J936 \ \97 \ \\6 \ \ G1c p log \ Q \ PARCEL A 7.932 Sq. Ft. a Q 18209 Ac. 95 \ Q` 0 \\ ��0� �• PROPERTY TO BE ACQUIRED 7,932 Sq. Ft. or 0.18209 Ac. 110 `4' F RESIDUAL 0 SQ. Ft. or 0.00000 Ac. p PLAT SHOWING 111 L°p J�OJP2�"� 40 \\ PROPERTY TO BE ACQUIRED PARCEL A 112 F 39 FROM Q �O, A 113 Q P� o� \ WASHINGTON SQUARE Z \3B TOWNHOUSES, LLC. / ee C� BY 114 \37 CITY OF VIRGINIA BEACH / 7�J FOR ' `\36 `\ OPEN SPACE a PARR INFRASTRUCTURE DEVFJAPMENT ' a MAWENANCE H PROJECT,CIP 100289 i CURVE DATA CHART NUMBER ARC RADIUS DELTA ANGLE TANGENT CHORD DIRECTION CHORD IENGTH DEPARTMENT OF PUBLIC WORKS,ENGINEERING GROUP,SURVEY BUREAU M,TH OF C1 85' TEL(757)365131;2473 N.LANDING ROAD;BLD6.ES;ROOM 160 55. 1041.00' 3T14'2T 27.9J' N 59'25'4B'E 65.66' -4 VIRGINIA BEACH,VIRGINIA 23458 C2 26.76' 10.00' 15YI9'36' 42.16' S 4Y22Y2•E 19.46' Dav[dj(,BMilh 'Z v L 426 a BY APPROVAL, THE UNDERSIGNED DOES NOT CERTIFYAS THE CORRECTNESS THE BOUNDEASEMENTS OR OTHER PUBLIC STREETS OR OTHER LINES SHOWN INiERESTS ONHIS LAT.NOT SHOWN ON THIS PLAN REMAIN PUBLIC CN RIGHT EFFECT AND ARE BY OMISSION FROM F _�► ¢. NOT TERMINATED OR EXTINGUISHED THIS PUT. t, t� o as eo MY OF VIRGINIA BEACH 'C �SURE APPROVED: DATE: GRAPHIC SCALE REV.APM 90,20E3 DIRECTOR OF PUBLIC WORKS, CITY OF VIRGINIA BEACH 1•=90' MARCB 8,2023 JOB NO.220330 SHEET 1 OF 1 Exhibit D Plat No. 3 [See Attached] 29 40 137` 170 LEGEND \ \ 39 \ 138 171 DENOTES PROPERTY TO \ \\ N 3,479,405.6837.201,84412 — SE ACQUIRED 36 � E 12.201,8[f5.4s12 .C1•, 172 \�• \ 139 �� 140 173 Z 11 7 0' 46� Q<v 5 ��'.'.'.'.'.'..... __—__ r Pvv yr J0 J & P 141 w..'.'..'.'..'.'.'.''..'.. . '3 — _ v1 A 63 O 0' ` Now a:coI»iaiLr vwi ; ° r �D�O�ry \ 142 �� '. WASHINGTON SQUARE U.C.A 174 2 g ° uIL h ...OW.2G000Y22001111740. �' _-` 3 o : vP��O�\ 143 ` e M.B.93 PG, IB - - L w In 0. Q .ram G'C GIN:2407-19-8M 'a 0�O w PARCEL.8. - — 175 Z Of Z ... w w r c5 144 O��• LLI�. --'0 x CL S N LOCATION MAP SCALE: 1" 1200' Q 'o fn Q f .':':':'.' > 176 >>z NOTES: �9 44'.'.'N 85S9.p5' O o Ncy GO U 1. THE MERIDIAN SOURCE OF THIS PLAT IS BASED ON THE VIRGINIA STATE 145 PO3`? by oR 11J A —17, 0 0 in PLANE COORDINATE SYSTEM, SOUTH ZONE. HAD 1983/1993 (HARN). COORDINATE VALUES SHOWN HEREON ARE EXPRESSED IN U.S. SURVEY \ \ 8 1 O ID T9 FEET AND ARE DERIVED FROM GPS UTILIZING THE CITY OF VIRGINIA G-p �0. 1 Q v Z BEACH VIRTUAL REFERENCE STATIONS (VRS) NETWORK. \\ 146` ` x 178 N 2. THIS PLAT IS A RESULT OF A FIELD SURVEY OF EXISTING MONUMENTS 00 3 COMBINED WITH THE COMPILATION OF DEEDS AND PLATS SHOWN HEREON. \\ \ — _ / Q \ 147 PLAT OF SUBDIVISION OF Q p 3 3. THIS PLAT WAS PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT, 1" WASHINGTON SQUARE BLOCK V. U 4. THIS PLAT IS INTENDED FOR ACQUISITION PURPOSES ONLY AND DOES NOT \ \148 I SECTION 2 M.B. 93 PG. 16 179 CONSTITUTE A SUBDIVISION OF LAND. ry - 149 \V I I I 3 S. PROPERTIES TO BE ACQUIRED BY DEED. ` 165 I166 167 168I 169 $ — — ` 150 I I I i _�� 180 N 4479,175.0649 fAREA TABLE E 12,201,708.\ 181 PARCEL B 7,566 8.f767 I I76 1 -I I I ___. _ - S0. Ff. or 0.17370 Ac. 1 1 PROPERTY TO BE ACOUIRED 7566 r 182 Sq. Ff. or 0.17370 Ac. ALLEY RESIDUAL 0 SQ. Ft. r»0.00000 Ac. / (24' R\W) M.B. 93 PG. 16 PLAT SHOWING q(L� PROPERTY TO BE ACQUIRED PLAT OF SUBDIVISION OF M.B (24' PARCEL B I WASHINGTON SQUARE BLOCK •K', 93 PC s`w� FROM [ECTION 2 B. 93 PG. 16 1 1 WASHINGTON SQUARE 157 1158 159 160 161 j 162 J 163I 164 TOWNHOUSES, LLC. i BY CTTYDF VIRGINIA BEACH FOR OPEN SPACE d PARK INFRASTRUCTURE DEVELOPMENT CURVE DATA CHART d MAINTENANCE 11 PROJECT,CIF IOOL89 NUMBER ARC RADIUS DELTA ANGLE I TANGENT CHORD DIRECTION CHORD LENGTH C1 52.53' 20.00' 150'29'09' 75.93' S 70'27'49'E 38.68' DEPARTMENT OF PUBLIC WORIM ENGINEERING GROUP.SURVEY BUREAU OF Cl (757)985-4131;E473 N.LANDING ROAD;BLDG.23;ROOM Igo VIRGINIA BEACR,VIRGINIA 23456 '� Do 4th BY APPROVAL,THE UNDERSIGNED DOES NOT CERTIFY AS TO THE CORRECTNESS OF THE , 8 1. e26 a BOUNDARY, STREETS OR OTHER LINES SHOWN ON THIS PUT. EXISTING PUBLIC RIGHT-OF-WAY. ^ EASEMENTS OR OTHER PUBLIC INTERESTS NOT SHOWN ON THIS PLAT REMAIN IN EFFECT AND ARE r �04 NOT TERMINATED OR EXTINGUISHED BY OMISSION FROM THIS PLAT. 0 301 BO' �d SUR�� CTTYOF VIRGTNIA BEACH APPROVED: DATE: GRAPHIC SCALE REV.APRIL 20,2023 DIRECTOR OF PUBLIC WORKS, CITY OF VIRGINIA BEACH 1'a 39 MARCH 6,2023 JOB NO.220330 SHEET 1 Of 1 Exhibit E Dismissal Order VIRGINIA: IN THE CIRCUIT COURT FOR THE CITY OF VIRGINIA BEACH IN RE: SEPTEMBER 1,2021,DECISION OF THE BOARD OF ZONING APPEALS OF THE CITY OF VIRGINIA BEACH CASE NO.: CL21-4555 FINAL ORDER THIS DAY came the parties, by counsel, and represented to the Court that all matters in controversy herein have been settled; It is ORDERED that this case be, and it hereby is, DISMISSED WITH PREJUDICE BY AGREEMENT OF THE PARTIES. ENTERED: Judge WE ASK FOR THIS: Gregory D. Surber, Esq. (VSB No. 72282) James R. Harvey, III, Esq. (VSB No.40726) Office of the City Attorney Woods Rogers Vandeventer Black PLC Municipal Center,Building 1 101 W. Main Street 2401 Courthouse Drive,Room 260 Suite 500 Virginia Beach,VA 23456 Norfolk,VA 23510 (757)385-4531 (757)446-8600 surber(&vb ov.com jim.harveY(a wrvblaw.com Counsel for the City of Virginia Beach Counsel for Lynnhaven Area Properties,LLC 30 Exhibit F Disclosure of Environmental Matters Seller recalls that a notice was delivered to the then-owner of the Property in the 1970's regarding some fill on the Property. It is believed the notice was from either the U.S. Environmental Protection Agency or the Virginia Department of Environmental Quality (or their respective predecessors, as applicable). Seller believes, but cannot confum, that such notice stated that no further action was required. Seller is unable to locate a copy of such notice. 4875-5106-5767,v.1 31 l ` r F k w• wr ,, w r^ rw 01 !4_ V i t - y 4 E . byq �i f, v f A--`C t < rn T V • , f M^ y. y, +q 1 ♦ j t L >. r w w �r x , Legend K r a City Property GPIN 2407-09-2464 1 .4 LOCATION MAP QGPIN 2407-09-4435 OPEN SPACE ACQUISITION CIP 100461 QGPIN 2407-09-5412 ."^� �' \ FOR GPIN'S 2407-09-2464, 2407-09-4435, 2407-09-5412, Q GPIN 2407-09-6257 2407-09-6257, 2407-19-4539, 2407-19-8383 QGPIN 2407-19-4539 0 200 400 Q GPIN 2407-19-8383 Feet Prepared by P.W./Eng./Eng. Support Services Bureau 02/29/2024 X:\CADD\Projects\ARC Files\Agenda Maps\2407-09-2464\2407-09-2464 Aerial.mxd � e I _ City Property oil AREA TABLE PROPERTIES TO BE ACQUIRED Sq. Ft. and Ac. NOTES. TRACT'A' 27,459 Sq. Ft. w a63037 Ac. GPIN: 2407-09-2464 1. THE MERIDIAN SOURCE OF THIS PLAT IS BASED ON THE VIRGINIA STATE PLANE COORDINATE SYSTEM, SOUTH ZONE, NAD 1983/1993(HARN). RESIDUAL TRACT'A' 0.00 Sq.Ft. or 0.00000 Ac. COORDINATE VALUES SHOWN HEREON ARE EXPRESSED IN U.S. SURVEY FEET AND ARE DERIVED FROM GPS UTILIZING THE CITY OF VIRGINIA TRACT B BEACH VIRTUAL REFERENCE STATIONS (VRS) NETWORK. CPIN: 2407-09-4935 42,I90 Sq.Ft. w 0.96855 Ac. 2. THIS PLAT IS A RESULT OF A FIELD SURVEY OF EXISTING MONUMENTS LOT 4 COMBINED WITH THE COMPILATION OF DEEDS AND PLATS SHOWN HEREON. RESIDUAL TRACT$' 0.00 Sq.Ft. w 0.00000 A. 3. THIS PLAT WAS PREPARED UTILIZING A TITLE REPORT PREPARED BY WFG NATIONAL TITLE INSURANCE COMPANY DATED FEBRUARY 13. 2023. TRACT'C' 19,226 Sq.Ft. w 0.44141 Ac. COMMITMENT NUMBER ST23-0004A-1 & ST23-0004F-1. GRIN: 2407-09-5412 4. THIS PLAT IS INTENDED FOR ACQUISITION PURPOSES ONLY AND DOES NOT RESIDUAL TRACT'C' 0.00 Sq. Ft. or 0.00000 Ac. CONSTITUTE A SUBDIVISION OF LAND. SS 5. PROPERTIES TO BE ACQUIRED BY DEED. TRACT D' 220,629 Sq. Ft. w 5.06495 A GPIN: 2407-09-6257 c. 6. VARIABLE WIDTH SIGN ACCESS & MAINTENANCE EASEMENT TO BE RESERVED pppp BY GRANTOR BY DEED TO BE RECORDED CONTEMPORANEOUSLY HEREWITH. LOCATION MAP SCALE: 1' - 1200' RESIDUAL TRACT D' 0.00 Sq. Ft. or 0.00000 Ac. 7. TRACT 'C' IS SUBJECT TO A 15'VIRGINIA ELECTRIC AND POWER COMPANY EASEMENT AS SHOWN IN DEED BOOK 1948 PAGE UNKNOWN. LOCATION VARIABLE I11DTH SIGN ACCESS& 1,565 Sq.Ft. w 0.03593 A. UNKNOWN. MAINTENANCE EASEMENT TOTAL AREA TRACTS A.B, C. &D JM506 Sq.Ft. w 7.10528 Ac. RESIDUAL TRACTS A, B. C. &D 0.00 Sq.Ft. or 0.00000 Ac. PROPERTIES TO BE ACQUIRED TRACT 'A' BEING DESIGNATED AS PARCEL III, IN A DEED RECORDED IN THE CLERK'S OFFICE OF THE CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH IN INSTRUMENT / 20080818000976290. GPIN; 2407-09-2464. TRACT 'B' BEING DESIGNATED AS PARCEL I, IN A DEED RECORDED IN THE CLERK'S OFFICE OF THE PLAT SHOWING CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH AS INSTRUMENT# 20080818000976290; AND ALSO BEING DESIGNATED AS LOT 4 AS SHOWN ON THE PLAT RECORDED IN M.B. 110 PROPERTY TO B£ACQUIRED PG. 48. GPIN: 2407-09-4435 TRACTS A, B, C, & D TRACT 'C' FROM BEING DESIGNATED OLD WOLFSNARE ROAD, IN A DEED RECORDED IN THE CLERK'S OFFICE OF LYNNHAVEN AREA THE CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH IN INSTRUMENT� 20160301000165440, INSTRUMENT A 200807 1 0000809510 AND IN A DEED OF CORRECTION IN INSTRUMENT # PROPERTIES, LLC 20080922001111740. BEING OLD WOLFSNARE ROAD TO BE CLOSED AND VACATED AS SHOWN ON THE PLAT RECORDED AS INSTRUMENT # 20160301000165430. GPIN; 2407-09-5412. & TRACT'D' WASHINGTON SQUARE BEING DESIGNATED AS PARCEL II,TRACT A. IN A DEED RECORDED IN THE CLERK'S OFFICE OF TOWNHOUSES, LLC THE CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH AS INSTRUMENT 111 20080710000809510 BY AND BEING DESIGNATED AS PARCEL I, IN A DEED OF CORRECTION AS INSTRUMENT / CITY OF VIRGINIA BEACH 200800922001111740. GPIN; 2407-09-6257. FOR OPEN SPACE&PARK INFRASTRUCTURE DEVELOPMENT &MAINTENANCE 11 PROJECT,CIP 100289 NLTH OF�E. DEPARTMENT OF PUBLIC WORKS.ENGINEERING GROUP,SURVEY BUREAU o} r TEL(757)365-4131:2473 N.LANDING ROAD;BLDG.23;ROOM 160 o� Do`hz YtRGINIk BEACR.VIRfi1NIA 23456 Ltzs a BY APPROVAL, THE UNDERSIGNED DOES NOT CERTIFY AS TO THE CORRECTNESS OF THE ¢ BOUNDARY,STREETS OR OTHER LINES SHOWN ON THIS PLAT. EXISTING PUBLIC RIGHT-OF-WAY, O I&yo EASEMENTS OR OTHER PUBLIC INTERESTS NOT SHOWN ON THIS PLAT REMAIN IN EFFECT AND ARE SURV NOT TERMINATED OR EXTINGUISHED BY OMISSION FROM THIS PLAT. -fJ� CITYOF VIRGINIA BEACH APPROVED: DATE: DIRECTOR OF PUBLIC WORKS, CITY OF VIRGINIA BEACH MARCH 8,2023 JOB NO.220330 SHEET 1 Of 2 WOLFSNARE ROAD (RELOCATED) • SEE SHEET 1 FOR NOTES N 34795055327 S 81'33'58"E AND AREA TABLE • CURVE DATA CHART E 12,215�.1R.5063 (60- R\W) (M.B. 108 PG. 3) (M.B. 107 PG. 55) N 84'09'41"E 205.75' C3 15.00' NUMBER ARC RADIUS DELTA ANGLE TANGENT CHORD DIRECTION CHORE,LENGTH 219.18' N 84'09'41*E C2 .... ....... . ......:. ........ .... RAINA6e&Fi CI 39.25' 25.00' 89*57'W 24.98' N 391111"E 35.34' "'EASEMENT ro BE" - - 1 . "NTENN,ICE EAMMEII�. ............ .... ...... .... RESERVED M..1-_W-PG. .................. ..... ........ ........ .. .. (SEE NOTE 6 - -- - ..- ::::,.:, C2 63.74' 590.00 61124" 31.90' N EIVOS59"E 63.71' 7� b. ........ ... .. ....... ........... wDW'OR FoKMERLP I, �w LYNNMVEN AREA C3 40.81' 59000 357'47' 20.41' N 75*59'23"E 40.80' PROPERTIES.LLC • -4- lib -w: OW.2008081800097 290, AREA C4 38.53' 90.35' 24-25'55* 19.56' N 86IS27"E 38.24' ........... INST.200BOO1800097629 :.A M.B. 105 PG.3 M.S. PG.48 00 I'D ............ ............... ........;?407 -2 WIN:2407-Dg-4435 C5 27.09' 30.00' 51'43*53" 14.55� S 55*42'02"E 26.18� LOT 4 ..................... .10�DRAINA EA-MEN- ...... rn.. ........... lP C6 342.64 2200.00' 8*55'25" 171.67 N 50*08'53 E 342.30' .... ....... . ........... ....... �,A m "PUBLIC'.-MAINTENANCE EASEMENT� ......... IL C7 3m. M.S.105•PG.3 PERMANENT-'.. 347.31' 2230.00' 8*55'25* 174.01 S 50'0853"W 346.96' DRAINAGE NOW OR Y EASEWENT .... .. .... ....... ........ LYNWAMEN AREA PROPERTAM LLC C8 64.51' 494.73' 7*28'15" 32.V N 4n7'02*E 64.46' INST.2ON0301000165440(DEED) T 2016030100OF65430(PLAT) C9 35.19' 524.73! 3*50'32' 17.60' S 43'59'32"W 35.18' AND NOW OR FORMERLY INS ................. ............... CIO IOWWM=LLr_ 102.50' wAwffivGrm SQUARE 102.55! 941.45 61428 51.33 S 32*5719*E INST.2OW7100OW09510(DEW) ECIED DEED) 20-PEISLIC DRAINAGE EASEMENT....... ... ...... MST.20OW92200 17 ...... . ...... 0 ��CCRR 12141 7! 5,12 GPM.' M.B. 157 PG I TRACT V LINE DATA CHART ..... ..... I... .... ..... .... .............. - I ........... ... .................. NUMBER DIRECTION DISTANCE ... ........ .......... ............................. TOWNHOUSES LLC- CP LEGEND 6290 PUBLIC DRAINAGE EASEMENT- 1800097 ......................... Ll N 84M'41"E 80.44' INST. 201603010001654507 22WI 111740 7-09-6257 01 L2 S no,lq*E 52.00' A PIN FOUND N EX. 20' IAR -D- i- 2 'ANY EA ...................... L3 N 84*09'41 E 7.50' 48.43' ..... .. (D PIN SET 38*4729 3 L4 S 5'50'19*E 15.00' ............................................ ................. ..... ... ....... ........ 4 97 09 .......... ... ......... ...... ........ wor MONUA"T FOLM ?I L5 S 84'0941"W 35.00 5 ............... 49 04 . ..... ...... 6 LIS N 5*5019"W 15.00' BE ACQUIRED DENOTES PROPERTY TO 7 .............361 .................. 540 45 < 39 - - I,,,- ..:....................r, ---w- 8 L7 N 84*09'41*E 7.50' 40 ...... DRAINAGE 44-09'10'E:-'-'.' DENOTES VARIABLE WDTH (if --).I- L8 N 5'50'19"W 52.00' EASEMENT 41 SIGN ACCESS&MAINTENANCE L9 N 84*09'41"E 20.00' 39 9 9 BIL IT) EASEMENT 70&E RESERVED 1 1 AREA- 1565 Sq.Ft.OR ........ ........ .......... a. ... ....... 0 0.03595 AC.(SEE NOTE 6) 76 42 '4 9 0 C-i 4 37 .4 43 43 3c .. .... .... 44 4 8w '42i; PLAT SHOWING 5 cl I 4140- 46 1 1-1 PROPERTY TO BE ACQUIRED 47 0 c, s ,1 36 47 39, TRACTS A, 3, C, & D N J� 479 900 6258 xg E?Z2b�,Y2a.9579-\ 4 ........................... FROM 1p w 38 LYNNHAVEN AREA 35 ">�'U` 59 50 N 552'03'W PROPERTIES, LLC 37 64.52'-'-� 58/ 5 k & ................ Ci 4v 0 7/56/ _36 3 C, 55/541 -v 35- WASHINGTON SQUARE vp 53/ 31 52/ 34- TOWNHOUSES, LLC 30 51 By 33 3 `N`.;`fi(' CITY OF VIRGINIA BEACH 29 32 FOR F rR'11 5 5- 1 ol OPEN SPACE&PARK INFRASTRUCTURE DEVELOPMENT NOW OR 0 IV/ D 8 28 MAINTENANCE 11 PROJECT,CIP 100269 EMERALD POINT,LLC l � S 8410'11*W Af., 40. �,8,) PG. 49 s INSIM B2004162280199929 GPIN� 186 8 - / ' 164 PC 2 08 75971< /2�/ o1v 29 P 4biCR-3 2 % PROPERTY OF ARCE 2�6 2*5 2 Dt 8.OV - 4R" CITY OF VIRGINb�BEACH 2 S, SQU DEPARTMENT OF PUBLIC WORKS,EN61NEERING GROUP,SURVEY BUREAU D B. 1541 PG. '11 �'2 TEL(767)365-4131;2473 N.LANDING ROAD;BLDG.23;ROOM IGO 22 P4,1?,,/ D.B. 541 PG. 313(PLAT) / VIRGINIA BEACH,VIRGINIA 23456 GPIl2 21 H O� N- 407-08-3668 7716 BY APPROVAL,THE UNDERSIGNED DOES NOT CERTIFY AS TO THE CORRECTNESS OF THE 4,0H Op BOUNDARY,STREETS OR OTHER LINES SHOWN ON THIS PLAT. EXISTING PUBLIC RIGHT-OF-WAY, D-14 u,, EASEMENTS OR OTHER PUBLIC INTERESTS NOT SHOWN ON THIS PLAT REMAIN IN EFFECT AND ARE ' 425 NOT TERMINATED OR EXTINGUISHED BY OMISSION FROM THIS PLAT. 0 w 120 CITY OF VIRGINIA BEACH APPROVED: DATE: GRAPHIC SCALE �o supoit DIRECTOR OF PUBLIC WORKS, CITY OF VIRGINIA BEACH 1"-60' MARCH 8,2023 JOB NO.220330 SHEET 2 OF 2 \ \4) \ \ 63 \\ \64 LEGEND \ \ • PM FOUND 65 \\ 0 Pwser S�\�G6 67\ \\ E couRE �" PROPERTY ro 66 0 \ \ �P 68 \ \ w 69 \ N 4479,686.3706 70 \\ E 12,201,491.7220 <� � o a \ ......'.'oc, \ I 101 A o 71\ \ \ 2 \\ Q\i y eG .'.'.:'.'.'.:'.'.::'.'.'.' \ 101 3 74 \ \ P�F��0 5�3� �i ` o LOCATION 02 MAP SCALE: 1' = laoo' r 75 �� . 'Fo�....J�� ........... _ NOTES: � re \\ �g Lh011 Of� �O�FS�,\� ''' \1 OS LE '.0 76 a_•.a\��OJ�1(�J \��'yg+,'; 42 1. THE MERIDIAN SOURCE OF THIS PLAT IS BASED ON THE VIRGINIA STATE ��' :•.•.•.•.•;N1bo, $O 0 PG,g�,� PLANE COORDINATE SYSTEM, SOUTH ZONE, NAD 1983/1993 (HARN). ,0 ....... S Q� 0 ,.�1 Q' COORDINATE VALUES SHOWN HEREON ARE EXPRESSED IN U.S. SURVEY C, m ...... 10. NO��gv '.'.' e. P Q� \7.• 1,,• .... '-> J 104 FEET AND ARE DERIVED FROM GPS UTILIZING THE CITY OF ARGINIA �. 'U3' y\•.•,••••,\ \�• P••• 5 \ BEACH VIRTUAL REFERENCE STATIONS (VRS) NETWORK. V> ,S \� e�hh•••••• Q►g•••• ••• .\O � 2. THIS PLAT IS A RESULT OF A FIELD SURVEY OF EXISTING MONUMENTS j'� �• `S`• ........ re'V COMBINED WITH THE COMPILATION OF DEEDS AND PLATS SHOWN HEREON. \\ 4•....•....•.. ,, 105 3. THIS PLAT WAS PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT. \6\' G ��•••• - _� \ 4. THIS PLAT IS INTENDED FOR ACQUISITION PURPOSES ONLY AND DOES NOT \i. • �^^1 �4, \106 \ CONSTITUTE A SUBDIVISION OF LAND. 100 ••f (y p�� \ 5. PROPERTIES TO BE ACQUIRED BY DEED. 107 Q\Ay1P��e 06 \ 99 0� ��G \\ N.3:479,s24.7886\ e \98 \\ Q� J 108 ,t�,^1 AREA TABLE E 12,201,2J1.39J6 \ ` \\ 97 \\ ��V,E-\j 09 4� \ PARCEL A 7,932 Sq. Ft. or 0.18209 Ac. 96 \ A,0vp �`° � G PROPERTY TO BE ACQUIRED 7,932 Sq. Ft. or 0.18209 Ac. Qv 95 \\ \ 110 O�A \ 41 RESIDUAL 0 Sq. FL or 0.00000 A. O o lll�Qo' PLATSHOWtNG �5J 40 PROPERTYTO BE ACQUIRED PARCEL A 112 �p�p��' 39 FROM WASHINGTON SQUARE cy . 113 Q"�'��\38 1` TOWNHOUSES, LLC. / 6sA�cF �Q q BY 7� 114 \37 \• CITY OF VIRGINIA BEACH 36 `` OPEN SPACE&PARK INFRASTRUCTURE DEVELOPMENT 6 MAINTENANCE 11 PROJECT,CIP 100269 CURVE DATA CHART NUMBER ARC RADIUS DELTA ANGLE TANGENT CHORD DIRECTION CHORD LENGTH DEPARTMENT OF PUBLIC WORKS.ENGINEERING GROUP,SURVEY BUREAU TEL(757)385-4131;2473 N.LANDING ROAD;BLDG.23;ROOM 160 WS,TH op Cl 55.85' 1041.00' 3'04'27' 27.93' N 59'25'48'E 55.85' VIRGINIA BEACH.VIRGINIA 23456 �O} ``` C2 26.76' 10.00' 153'19'36' 42.18' S 42'22'12'E 19.46' Y D—d . ith 2• BY APPROVAL, THE UNDERSIGNED DOES NOT CERTIFY AS TO THE CORRECTNESS OF THE L425 a BOUNDARY,STREETS OR OTHER LINES SHOWN ON THIS PLAT. EXISTING PUBLIC RIGHT-OF-WAY, EASEMENTS OR OTHER PUBLIC INTERESTS NOT SHOWN ON THIS PLAT REMAIN IN EFFECT AND ARE fJ� 4. NOT TERMINATED OR EXTINGUISHED BY OMISSION FROM THIS PLAT. 0 3P 60•�O CITY OF VIRGINIA BEACH �SURN� ` APPROVED: DATE: GRAPHIC SCALE REV.APRIL 20,2023 DIRECTOR OF PUBLIC WORKS, CITY OF VIRGINIA BEACH 1^.30' MARCH 6,2023 JOB NO.220330 SHEET 1 OF 1 \\ '1� 137\ 170 LEGEND 40 1 • PIN FdMD \ \ 138 171 \ \ DENOTES PaoPERTr 39 _ — To \ N J 479,405.68J7 - BE ACQUIRED �', \\ \ E 12,201,B65.4412 •Cl•• 172 38 139 . ,4o f 173 � 0' O Cb \ 141 La o 0 Qv Ci u \\ �, NOW OR FORMERLY•••. a 0 $n 142 ^^�.• WASHINGTON SQUARE 174 �. \ +� •• TOWNHOUSES, LLC. rn Z �\ \ "�; INST. 20080922001111740. 143 2 M.B. 93 PG. 16 -p U w In z GPM' 2407-19-8383 rn 175 h- F \\ ^1 Of z ...............PARCEL..B...... �' W^ - - N r� `C o LOCATION MAP SCALE: i" 1200' 144 O // m �Q z s NOTES: / .:':.':.'.'.'.'......'..'..'..:'::.'..'.'.. > 176 S>Z n � \\ � 00 � 39.19r`844'::N 85Y3�15'W:.•:: 1 - - �� >0 59.25, 1 0 =O] U 1. THE MERIDIAN SOURCE OF THIS PLAT IS BASED ON THE VIRGINIA STATE n 177 N Z w m PLANE COORDINATE SYSTEM, SOUTH ZONE. NAD 1983/1993 (HARN). \ 'Y. S Lj Cn O U) COORDINATE VALUES SHOWN HEREON ARE EXPRESSED IN U.S. SURVEY \ \ 145 O�1 N - - I- FEET AND ARE DERIVED FROM GPS UTILIZING THE CITY OF VIRGINIA $ I m O BEACH VIRTUAL REFERENCE STATIONS (VRS) NETWORK. •S = 2. THIS PLAT IS A RESULT OF A FIELD SURVEY OF EXISTING MONUMENTS \ \ 146\ L f m; ,78 Q COMBINED WITH THE COMPILATION OF DEEDS AND PLATS SHOWN HEREON. \\ 147 \ - - '� 3. THIS PLAT WAS PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT. \ PLAT OF SUBDIVISION OF \ \ WASHINGTON SQUARE BLOCK V, U 4. THIS PLAT IS INTENDED FOR ACQUISITION PURPOSES ONLY AND DOES NOT \148 \ I SECTION 2 M.S.i 93 PI. 16 179 CONSTITUTE A SUBDIVISION OF LAND. ^ ,\ \ ^ ' 5. PROPERTIES TO BE ACQUIRED BY DEED. \ 149 \ ati\�h 1 -- \\ 165 1 166, 167 168,' 169 $ 180 150 I I I =a _ _ _ AREA TABLE H \ N 3,479,175.0849 181 E 1$201,708.1767 PARCEL B 7,566 Sq. Ft. or 0 17370 Ac. \ 1 ( PROPERTY TO SE ACQUIRED 7,566 Sq. Ft. or a17J70 A. 182 RESIDUAL 0 Sq. Ft. or 0.00000 Ac. ALLEY (24' R\W) M.B. 93 PG. 16 PLAT SHOWING PROPERTY TO BE ACQUIRED PLAT OF SUBDIVISION OF AL�eY 9324 R PARCEL 8 1 WASHINGTON SQUARE BLOCK 'K', PG 16�W) FROM 1 �ECTIO�j 2 M.B. s PG. 16 1 WASHINGTON SQUARE TOWNHOUSES, LLC. 157 158 15960 1161 162 163 I 164 / BY CITY OF VIRGINIA BEACH FOR OPEN SPACE&PARK INFRASTRUCTURE DEVELOPMENT CURVE DATA CHART MAINTENANCE H PROJECT,CIP 100289 NUMBER ARC RADIUS DELTA ANGLE TANGENT CHORD DIRECTION CHORD LENGTH Cl 52.53' 20.00• 150'29'09" 75.93• S 70'27'49"E 38.68• DEPARTMENT OF PUBLIC WORKS.ENGINEERING GROUP,SURVEY BUREAU iEL(757)365-4131;2473 N.LANDING ROAD:BLDG.23;ROOM 160 .(,E H O`T' VIR61NIA BEACH,VIRGINIA 23456 �O Z r ;LA14;P425 ith BY APPROVAL,THE UNDERSIGNED DOES NOT CERTIFY AS TO THE CORRECTNESS OF THE Pi > BOUNDARY, STREETS OR OTHER LINES SHOWN ON THIS PUT. EXISTING PUBLIC RIGHT-OF-WAY, EASEMENTS OR OTHER PUBLIC INTERESTS NOT SHOWN ON THIS PUT REMAIN IN EFFECT AND ARE 04 NOT TERMINATED OR EXTINGUISHED BY OMISSION FROM THIS PLAT. 0 30' 60' 0 SUR4s� CITY OF VIRGINIA BEACH APPROVED: DATE: GRAPRIC SCALE REV.APRIL 20,2023 DIRECTOR OF PUBLIC WORKS, CITY OF VIRGINIA BEACH 1"=30' MARCH 6,2023 JOB NO.220330 SHEET 1 OF 1 Disclosure Statement X T3 City oJvirgima xerich Planning&Community ri Development The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board, commission or other body. Applicant Disclosure Applicant Name Lynnhaven Area Properties LLC and Washington Square Townhouses LLC Does the applicant have a representative? ® Yes ❑ No • If yes,list the name of the representative. Jay Rixey and James Harvey,Woods Rogers Vandeventer Black PLC Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? M Yes ❑ No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Cheryl P McLeskey and William A Wilcox U3 y, ei-� rnGLe-s k.,. 7JR. 611 P • If yes, list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) see 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 entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 1 � Disclosure Statement W City of Virginia Reach Planning &Community Development -0411 moo Known Interest bV Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? ❑ Yes E No • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-col late raIization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ® No • If yes,identify the financial institutions providing the service. 2. Does the applicant have a real estate broke r/agent/rea Ito r for current and anticipated future sales of the subject property? ❑ Yes 0 No • If yes,identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property? ® Yes ❑ No • If yes,identify the firm and individual providing the service. Dixon Hughes Goodman 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ® No • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property? ❑ Yes ® No • If yes,identify the purchaser and purchaser's service providers. 020 Disclosure Statement Am City nJ Vi'vinia Meh Planning & Community _.. Development IMF 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ® NO • If yes,identify the company and individual providing the service. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property? ® Yes ❑ No • If yes,identify the firm and individual providing the service. M SA 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property? ■ Yes ❑ NO • If yes,identify the firm and individual providing the service. Jay Rixey and James Harvey at Woods Rogers Vandeventer Black PLC 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. ApplicaOY nt Sign ture '7•..ate �.G. Print Na an%7, Z LiL� Date Is the applicant also the owner of the subject property? ❑ Yes ❑ No • If yes,you do not need to fill out the owner disclosure statement. •' CITY USEONLY/ disclosures beupdated that pertains • the applications ❑ No changes as of 777 Signature Print Name 3 � Disclosure Statement W City gfYirginia Beach Planning & Community Development Continue to Next Page for Owner Disclosure 41 Disclosure Statement W City oJVirvma Bann Planning & Community Development SNOW- Owner Disclosure Owner Name Applicant Name Lynnhaven Area Properties LLC and Washington Square Townhouses LLC Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business? ❑ Yes ❑ NO • If yes, list the names of all officers,directors, members,trustees,etc. below. (Attach a list if necessary) Cheryl McLeskey and William A Wilcox • If yes, list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the Owner. (Attach a list if necessary) see attached Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? ❑ Yes M NO • If yes,what is the name of the official or employee and what is the nature of the interest? '"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. "Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 5 � ,y V Iry Disclosure Statement XM I 0tv of VhTiniQ Riveh _�. Planning & Community Development Owner Services Disclosure 1. Does the Owner have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ® No • If yes,identify the financial institutions providing the service. 2. Does the Owner have a real estate broke r/agent/realtor for current and anticipated future sales of the subject property? ❑ Yes ® No • If yes,identify the company and individual providing the service. 3. Does the Owner have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property? M Yes ❑ No • If yes,identify the firm and individual providing the service. Dixon Hughes Goodman 4. Does the Owner have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes © No • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property? ❑ Yes ® NO • If yes,identify the purchaser and purchaser's service providers. 6. Does the Owner have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ® NO • If yes,identify the company and individual providing the service. 7. Does the Owner have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property? M Yes ❑ No • If yes,identify the firm and individual providing the service. M SA 6 � Disclosure Statement City of Virgird¢sevdi. Planning &Commu Development 8. Is the Owner receiving legal services in connection with the subject of the application or any business operating or to be operated on the property? ® Yes ❑ No • If yes,identify the firm and individual providing legal the service. Jay Rixey and James Harvey,Woods Rogers Vandeventer Black PLC Owner Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Owner Signature Print Naml and Titl Date 1'; 7 � ' 2/27/2024 4.59 PM McLeskey&Associates,LLC Entities(Companies) co# name 01 Cheryl P.McLeskey-personnal 02 WASHINGTON SQUARE TOWNHOUSES,LLC 03 Bel-Aire LLC 04 Virginia Beach Fishing Center LLC 05 FWM RESIDENTIAL RENTAL PROPERTIES,LLC 06 2859 VBB,LLC 07 09 Elizabeth City Development Company LLC 11 Elizabeth City Airport Industrial Park,Inc. 12 LDSM Properties LLC 13 14 16 Mortons Baye LLC 17 J&W Investors,LLC 18 RADCLIFFE TOWNHOUSES,LLC 19 Cepco LLC 20 COLONY PINES APARTMENTS,LLC 21 Coastal Investors LLC 23 26 27 Norfolk-Virginia Beach Airport LLC 29 2648 VBB,LLC 30 Lynnhaven Shopping Center,LLC(dba MarketSquare)-Div.20 31 Satellite A-Division 21 of Co.30(all included in Cc 30) 32 Satellite B-Division 22 of Co.30 33 Riverwalk LLC 34 2540 VBB,LLC 35 NEWTOWN CONVENIENCE CENTER,LLC 36 38 Front Street Investors LLC 40 MGM Associates 41 Furberfax LLC 42 43 46 Lotsalisa LLC Lotsalisa LLC to"t"LLC 49 52 53 AIR TACO,LLC 54 103,LLC 55 Croupier LLC 56 Air Walker LLC (new in Feb 2021) 80 Cheryl Anne,LLC 81 LAW-Pirate's Cove,LLC 82 428 Timberline,LLC 83 CPM1 Properties LLC 84 VBFC PROPERTIES,LLC 85 BAYLINER BUILDING,LLC 87 LITTLE NECK COMMERCIAL PROPERTY,LLC 88 90 McLeskey&Associates,LLC 91 SHORE DRIVE AREA PROPERTIES LLC 92 LYNNHAVEN AREA PROPERTIES,LLC 93 LITTLE CREEK ROAD PROPERTIES,LLC 94 RUDEE HEIGHTS PROPERTIES,LLC 95 Southside Waterfront Properties,LLC 73 F.Wayne McLeskey,Jr.,QTIP Marital Trust 74 FWM Memorial Marlin Open Inc. 75 The McLeskey Family Foundation,Inc. 76 The Cheryl P.McLeskey Charitable Foundation,Inc. Regency Hilltop Associates,LLP 13 BA-GB,LLC New ga6if etkAsibicateB,LLC(new in 2020) https://mcleskey.sharepoint.com/Shared Documents/ACCTNG/Companies/Listing of company names and numbers -Updated March 2023 .xlsx3-31-23 2/27/2024 4:59 PM u,mac w _1 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize Temporary Encroachments into a portion of City- owned property known as Stratton's Creek and into a City-owned 10' utility easement MEETING DATE: March 19, 2024 ■ Background: Jonathan L. Schreiber and Elizabeth D. Kulas (the "Applicants") request permission to construct and maintain a boat lift, a boathouse, and a rip rap into City-owned property known as Stratton's Creek and a into a 10' City-owned utility easement (collectively, the "Temporary Encroachment"), located at the rear of 416 Goodspeed Road (GPIN- 2419-60-3857). ■ Considerations: City staff reviewed the Temporary Encroachment and have recommended approval of same, subject to certain conditions outlined in the Agreement. There are similar encroachments into Stratton's Creek, which is where the Applicants have requested to encroach. ■ Public Information: Public notice will be provided via the normal City Council agenda process. ■ Alternatives: Deny the Temporary Encroachment or add conditions as desired by Council. ■ Recommendations: Approve the request subject to the terms and conditions of the Agreement. ■ Attachments: Ordinance, Agreement, Exhibit, Photos, Location Map and Disclosure Statement. Recommended Action: Approval Submitting Department/Agency: Public Works/Real Estate City Manager: 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS INTO 5 A PORTION OF CITY-OWNED 6 PROPERTY KNOWN AS STRATTON'S 7 CREEK AND INTO A 10' CITY-OWNED 8 UTILITY EASEMENT. 9 10 WHEREAS, Jonathan L. Schreiber and Elizabeth D. Kulas(the "Applicants") 11 request permission to construct and maintain 12' x 12' boat lift and a 16' x 32' boathouse 12 into City-owned property known as Stratton's Creek and to construct and maintain a riprap 13 with a maximum encroachment of 9.04' into a 10' City-owned utility easement(collectively, 14 the "Temporary Encroachment"), located at the rear of 416 Goodspeed Road (GPIN: 2419- 15 60-3857); and 16 17 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 18 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 19 City-owned property subject to such terms and conditions as Council may prescribe. 20 21 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 22 VIRGINIA BEACH, VIRGINIA: 23 24 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 25 2009 and 15.2-2107, Code of Virginia, 1950, as amended, the Applicants, their heirs, 26 assigns and successors in title are authorized to construct and maintain the Temporary 27 Encroachment into City-owned property known as Stratton's Creek and into a 10' City- 28 owned utility easement as shown on the map entitled: "Exhibit A ENCROACHMENT 29 EXHIBIT SHOWING BOATHOUSE, BOAT LIFT & RIP RAP FOR JONATHAN L. 30 SCHREIBER & ELIZABETH D. KULAS I.N. 202103089771 LOCATED ON LOT 44A, 31 RESUBDIVISION OF LOT 44&A PORTION OF LOT 45, PRINCESS ANNE HILLS PARK, 32 SECTION A I.N. 200509190151527 (PLAT) GPIN: 2419-60-3857 CITY OF VIRGINIA 33 BEACH, VIRGINIA," Scale: 1" = 50', dated February 23, 2023, prepared by Gallup 34 Surveyors & Engineers, a copy of which is attached hereto as Exhibit"A" and on file in the 35 Department of Public Works and to which reference is made for a more particular 36 description; 37 38 BE IT FURTHER ORDAINED, that the Temporary Encroachment is expressly 39 subject to those terms, conditions and criteria contained in the agreement between the City 40 of Virginia Beach and the Applicants (the "Agreement"), an unexecuted copy of which has 41 been presented to the Council in its agenda, and will be recorded among the records of the 42 Clerk's Office of the Circuit Court of the City of Virginia Beach; 43 44 BE IT FURTHER ORDAINED, that the City Manager or his authorized 45 designee is hereby authorized to execute the Agreement; and 1 46 47 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 48 such time as the Applicant's and the City Manager or his authorized designee execute the 49 Agreement. 50 51 Adopted by the Council of the City of Virginia Beach, Virginia, on the 52 day of , 2024. 53 54 CA16053 R-1 Prepared: 2/22/24 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: i a D " P PUB- IC WORKS, REAL ESTATE . HARMEYER SENIOR CITY ATTORNEY 2 0 tpLTH pF G TRg '7ON,S &RE oF 00 0 .B. 41, P EK� 42 BB 53 1 9 � 9g 76 (CALC.) z DAZE UTLER (PLATOf `1 c.No. 38395 �, m in o u00 cn G SSIONAL E� O p W S J CO ^ N ~ uja LOT 44A 13 a �ullCD g �Oz ZN N I ►)� rr w o Q w N � a� `n d v m zZ � N � ^ Nm � Qo N o N oa o 0fQ Z0 rn O No N P HZ w � O Z 5��GV" N ~J LC� W � (n m N (vim C1�00�\\�\� Ln w Lu z �� U Z -��F ^�O J QZ O I Of cv Q LL- �' Q J / U V) Q O�Q� �� oN �Q P�8411�, EN2ZA rn o cw o ao MB ' 121.50' Q 546.28' p SCp�ER� R _ 5 ,6 24,Ar W ?'ONO P QF C1 pSPEE� IN SEE SHEET 3 FOR ADJACENT 0 50 100 GOO M B 41 N PG 2 8c 2P OWNERS INFORMATION. EXHIBIT A 1. THIS PLAN WAS PERFORMED WITHOUT THE ENCROACHMENT EXHIBIT SHOWING BENEFIT OF A TITLE REPORT. BOATHOUSE, BOAT LIFT & RIP-RAP 2. THIS EXHIBIT IS INTENDED FOR AN FOR ENCROACHMENT REQUEST ONLY. JONATHAN L. SCHREIBER & ELIZABETH D. KULAS 3. THE CITY OF VIRGINIA BEACH IS NOT RESPONSIBLE FOR VERIFICATION OF RESTRICTIONS I.N. 202103089771 REQUIRED BY OTHER ASSOCIATIONS OR AGENCIES. LOCATED ON LOT 44A, RESUBDIVISION OF LOT 44&A PORTION OF GALLUP LOT 45, PRINCESS ANNE HILLS PARK, SECTION A SURVEYORS& ENGINEERS I.N. 200509190151527 (PLAT) GPIN: 2419-60-3857 VIRGINIA BEACH,VIRGINIA 23454 32 FIRST COLONIAL ROAD CITY OF VIRGINIA BEACH, VIRGINIA (757)428-8132(757)425-2390 FAX Scale: V=50' Date: FEB. 23, 2023 1 Sheet: 1 of—3 W\Schreiber,Jonathan&Kulas,Elizabeth-416 Goodspeed Road\Drawings\22-12 Encroachment,dwg,5/15/2023 3:5411 PM,1:1 A PERPETUAL EASEMENT IS GRANTED TO THE COUNTY OF �ALTN 0� PRINCESS ANNE ALONG AND ACROSS STRATTON'S CREEK IN IT'S L ENTIRELY FOR DRAINAGE — M.B. 41, PG. 2 & 2A r �O � MHW=MLW ALONG BULKHEAD BULKHEAD (OTHERS) (BY GIS) U DAP B UTLER Y ` c.No. 38395 PROPOSED 16'x32' TRATTON,S CR NG REMOVE EX. BOATHOUSE M a EEK FLOATING DOCK 4�' PG. 2&2A 32 DO. REMOVE EX. BOAT LIFT PROPOSED 12'x12' r- BOAT LIFT ►. 9$42» 0 8. (CAco LCE co �?00, 0? 76 PLAT)) M / APPROXIMATE MLW -= 000 3 1 APPROXIMATE MHW o � Co000 N MARSH EX. RIP RAP N / 10' PUBLIC UTILITY EASEMENT I SEE DETAIL A M.B. 41, PG. 2 & 2A ION SHEET 3 SEE DETAIL B FOR RIP-RAP ON SHEET 3 / / 10' PUBLIC UTILITY EASEMENT FOR RIP-RAP/ M.B. 41, PG. 2 & 2A LOT 44A / / EXHIBIT A ENCROACHMENT EXHIBIT SHOWING BOATHOUSE, BOAT LIFT & RIP-RAP FOR JONATHAN L. SCHREIBER & ELIZABETH D. KULAS 0 20 40 I.N. 202103089771 LOCATED ON LOT 44A, RESUBDIVISION OF LOT 44&A PORTION OF GALLUP LOT 45, PRINCESS ANNE HILLS PARK, SECTION A SURVEYORS& ENGINEERS I.N. 200509190151527 (PLAT) 323 FIRST COLONIAL ROAD GPIN: 2419-60-3857 VIRGINIA BEACH,VIRGINIA 23454 CITY OF VIRGINIA BEACH, VIRGINIA (757)428-8132(757)425-2390 FAX Scale: 1"=20' Date: FEB. 23, 2023 Sheet: 2 of 3 W.\Schreiber,Jonathan&Kulas,Elizabeth-416 Goodspeed Road\Drawings\22-12 Encroachment.dwg,5/1 S/2023 3 5422 PM,1 1 DETAIL A DETAIL B 1 LTH op G O f a 1 N I VO DA - UTLER `I�c.No. 38395 I LOT 44A APPROXIMATE ' j c, MLw J/ 2 w m O� a I o /�9. MARSH �s`SIO]VAL I APPROXIMATE I o - - MHW Cl? ° n - O C? I N cr /o % 5.Op, LO of o N N U-) .� 3.34' 1.72' O N APPROXIMATE � N S d N MHw o (�, LOTI44A a l � ADJACENT OWNERS KEY NOW OR FORMERLY/INSTRUMENT LEGAL PLAT/GPIN EDNA LARAINE BREITENBERG,TRUSTEE OF LOT 43B, SUBDIVISION OF THE EDNA LARAINE BREITENBERG M.B. 107, PG. 44 REVOCABLE TRUST OF JANUARY 10,2006 LOTS 42 & SECTION A, GPIN: 2419-60-1884 I. N. 20060126000134120 PRINCESS ANNE E HILLS PARK CHRISTOPHER DEMENT& LOT 45, RESUBDIVISION OF Q2 AUDRA B. DEMENT SITES 54, 46 &47, SECTION A, M.B. 48, PG. 54 I. N. 202203052299 PRINCESS ANNE HILLS PARK GPIN: 2419-60-4865 Q CRAIG DOOREN PART OF PARCEL D, M.B. 145, PG. 24 I. N. 20200908000821170 PRINCESS ANNE HILLS PARK GPIN: 2419-61-3098 EXHIBIT A ENCROACHMENT EXHIBIT SHOWING BOATHOUSE, BOAT LIFT & RIP-RAP FOR JONATHAN L. SCHREIBER & ELIZABETH D. KULAS 0 5 10 I.N. 202103089771 LOCATED ON LOT 44A, RESUBDIVISION OF LOT 44&A PORTION OF GALLUP LOT 45, PRINCESS ANNE HILLS PARK, SECTION A SURVEYORS& ENGINEERS I.N. 200509190151527 (PLAT) 323 FIRST COLONIAL ROAD GPIN: 2419-60-3857 VIRGINIA BEACH,VIRGINIA 23454 CITY OF VIRGINIA BEACH, VIRGINIA (757)428-8132(757)425-2390 FAX Scale: 1"=5' Date: FEB. 23, 2023 Sheet: 3 of 3 W\Schreiber,Jonathan&Kulas,Elizabeth-416 Goodspeed Road\Drawings\22-12 Encroachment dwg,5/15/2023 3:54:23 PM,I 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 U day of -C1f , 20 A, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", JONATHAN L. SCHREIBER and ELIZABETH D. KULAS, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, collectively "Grantee", even though more than one. WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as LOT "44A" as shown on that certain plat entitled: "RESUBDIVISION OF LOT 44 AND A PORTION OF LOT 45 PRINCESS ANNE HILLS PARK SECTION A MB 41 P 2, 2A DB 4291 P 1576 VIRGINIA BEACH, VIRGINIA," Scale: 1" = 20', dated May 17, 2005, prepared by Gallup Surveyors and Engineers LTD, which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument No. 200509190151527, and being further designated, known, and described as 416 Goodspeed Road, Virginia Beach, Virginia 23451; WHEREAS, it is proposed by the Grantee to construct and maintain a 12' x 12' boat lift and a 16' x 32' boathouse into City-owned creek known as Stratton's Creek, and riprap that extends a maximum of 9.04' into a 10' City-owned utility easement, collectively, the "Temporary Encroachments", in the City of Virginia Beach; and GPINs: CITY-OWNED PROPERTY KNOWN AS STRATTON'S CREEK (NO GPIN ASSIGNED) 2419-60-3857 (416 GOODSPEED ROAD) WHEREAS, in constructing and maintaining the Temporary Encroachments, it is necessary that the Grantee encroach into a portion of City-owned property known as a Stratton's Creek and a 10' City-owned utility easement, collectively, the "Encroachment Areas", and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachments 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 Areas for the purpose of constructing and maintaining the Temporary Encroachments. It is expressly understood and agreed that the Temporary Encroachments 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: Temporary Encroachments into the Encroachment Areas as shown on that certain exhibit plat entitled: "EXHIBIT A ENCROACHMENT EXHIBIT SHOWING BOATHOUSE, BOAT LIFT & RIP-RAP FOR JONATHAN L. SCHREIBER & ELIZABETH D. KULAS I.N. 202103089771 LOCATED ON LOT 44A, RESUBDIVISION OF LOT 44 & A PORTION OF LOT 45, PRINCESS ANNE HILLS PARK, SECTION A I.N. 200509190151527 (PLAT) GPIN: 2419-60-3857 CITY OF VIRGINIA BEACH, VIRGINIA," Scale: 1" = 50', dated February 23, 2023 and 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 Encroachments from the Encroachment Areas 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 Encroachments herein authorized terminate upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachments must be removed from the Encroachment Areas 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 Encroachments. 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 Encroachments 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 Encroachments. It is further expressly understood and agreed that the Temporary Encroachments 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 Encroachments 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 Encroachments; 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 ($100.00) per day for each and every day that the Temporary Encroachments are 4 allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, JONATHAN L. SCHRIEBER and ELIZABETH D. KULAS, the said Grantees, have caused this Agreement to be executed by their signatures. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 5 CITY OF VIRGINIA BEACH By: (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this 0 day of 1400d , 202$ 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 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 Notary Registration Number: My Commission Expires: 6 J ffathan ASScer Eli a eth D. Kulas STATE OF cv�i4 CITY/COUNTY OF �� &z�.,L to-wit: The foregoing instrument was acknowledged before me this f o day of 4r , 20Z�, by Jonathan L. Schreiber. 4z: �� Q L Eq�Ty fit` ri Notary P IIC - ;'REGIsTRAT04 NO.'•: 7680569 = '•MY COMM.EXPIRES; Notary Registration Number: b�G�'�� = O913012024 My Commission Expires: Gt� 3 l /�o`�IR��P:\�\' �i�'✓,p?A'RYIP� STATE OF i r CITY/COUNTY OFi r to-wit: The foregoing instrument was acknowledged before me this ` o day of 20_+j by Elizabeth D. Kulas. L) Notary blic Notary Registration Number: 7 G yv '• rto yo•.2 My Commission Expires: �t' 3 0 ,o Z� = s3y`dka wws0 CC' O/y N69,08.9OJ4W r� �1S1�3b:• i ty �?L1 Off'• �• APPROVED AS TO CONTENTS APPROVED AS TO LEGAL '''� ,+"+a�s, ` SUFFICIENCY AND FORM hKA A h "-I- �_,-j judWwWks7/ EAL ESTATE D . HARMEYER SENIOR CITY ATTORNEY 7 O��ALTH p�Gf FLOOD ST -7.OMs CREQ o 0 G� S 41, PG. 2 2 EK c> 98.5. 9'42" DA *,t UTLER 85 6 (PLAT �1�` `I c.No.38395 m o o � '�. � �SSIpNAL ECG Z Q z N O OWN w _ W J Z � H co � (nN m FQ— N _ � g / l ti LOT 44A 3 a Lu g O Z Z N N rW M� v � L5 Q w ul cv U Z ^ ;V a= cqZ o o IliQ NO a IX (no 2 N wZ Y U1 W � W0LLJ C) m <v� C�0��0\ W 0 � CJ1 W w � � Z 4� O? wZ 0 1 Q ^� v Ja Qw �\ moo'. m L. Q Ir Q J �lr / _ = ONZ vim) o w Z o ,moo �• ,O / �511 2 gc o_ o c�� o �' mac' 10' PU8�1 41, PG' a c) a li ROPE 546.28 OVERY �6,24.43" W D p.\. Al DISC RO Q. C1 5 ODSPEE� WA SEE SHEET 3 FOR ADJACENT 0 50 100 GO V RIG\Al 2 & 2A OWNERS INFORMATION. M 8. 41, EXHIBIT A 1. THIS PLAN WAS PERFORMED WITHOUT THE ENCROACHMENT EXHIBIT SHOWING BENEFIT OF A TITLE REPORT. BOATHOUSE, BOAT LIFT $ RIP-RAP 2. THIS EXHIBIT IS INTENDED FOR AN FOR ENCROACHMENT REQUEST ONLY. JONATHAN L. SCHREIBER& ELIZABETH D. KULAS 3. THE CITY OF VIRGINIA BEACH IS NOT I.N. 202103089771 RESPONSIBLE FOR VERIFICATION OF RESTRICTIONS LOCATED ON REQUIRED BY OTHER ASSOCIATIONS OR AGENCIES. LOT 44A, RESUBDIVISION OF LOT 44&A PORTION OF GALLUP LOT 46, PRINCESS ANNE HILLS PARK,SECTION A SURVEYORS & ENGINEERS I.N. 200509190151527(PLAT)32 FIRST COLONIAL ROAD CITY OF VIRGINIA BEACH, VIRGINIA VIRGI GPIN: 2419-60-3857 NIA BEACH,VIRGINIA 23454 (757)428-8132(757)425-2390 FAX Scale: 1"=50' Date: FEB. 23, 2023 Sheet: 1 of 3 W:\Schreiber,Jonathan&Kulas,Elizabeth-416 Goodspeed Road\Drawings\22-12 Encroachment.dwg,5/15/2023 3:54:21 PM,1:1 A PERPETUAL EASEMENT IS GRANTED TO THE COUNTY OF PRINCESS ANNE ALONG AND ACROSS STRATTON'S CREEK IN IT'S ��EALTHO�Lj ENTIRELY FOR DRAINAGE — M.B. 41, PG. 2 & 2A O BULKHEAD MHW=MLW ALONG (OTHERS) (BY GIS) U y BULKHEAD D . UTLER l `I` c.No.38395 4, PROPOSED 16'x32' CRTTON'S O� 2 25� REMOVE EX. BOATHOUSE EEK FLOATING DOCK MB, 41' PG. 2&2A 32 00, REMOVE h EX. BOAT LIFT PROPOSED 12'x12' BOAT LIFT 9.42" :c 0 8. (CALCE 1200, o`Oo 76 PLAT)) / fto fto N APPROXIMATE MLW fto/ 3 �t ;n APPROXIMATE MHW ,l n/O f rn N MARSH _m_ _m_ O tF\ p EX. RIP-RAP O •N / 10' PUBLIC UTILITY EASEMENT I SEE DETAIL A M.B. 41, PG. 2 & 2A ION SHEET 3 SEE DETAIL B FOR RIP-RAP ON SHEET 3 10' PUBLIC UTILITY EASEMENT FOR RIP-RAP/ M.B. 41, PG. 2 & 2A LOT 44A / / EXHIBIT A ENCROACHMENT EXHIBIT SHOWING BOATHOUSE, BOAT LIFT & RIP-RAP FOR JONATHAN L. SCHREIBER& ELIZABETH D. KULAS 0 20 40 I.N. 202103089771 LOCATED ON LOT 44A, RESUBDIVISION OF LOT 44&A PORTION OF GALLUP LOT 45, PRINCESS ANNE HILLS PARK, SECTION A I.N. 200509190151527(PLAT) SURVEYORS&ENGINEERS 32 FIRST COLONIAL ROAD CITY OF VIRGINIA BEACH,VIRGINIA VIRGI GPIN: 2419-60-3857 NIA BEACH,VIRGINIA 23454 (757)428-8132(757)425-2390 FAX Scale: 1"=20' 1 Date: FEB. 23, 2023 Sheet: 2 of 3 W:\Schreiber,Jonathan&Kulas,Elizabeth416 Goodspeed Road\Drawings\22-12 Encroachment.dwg,5/15/2023 3:54:22 PM,1:1 DETAIL A DETAIL B i �lF'p'LT$OF � L 't- O W� I � •Z N N �D ` a 1 N� I� ' U DA �1�`� UTLER Y A ' s LOT 44 APPROXIMATE c.No. 38395 U m MLW � m Ix MARSH �Ssl �yG1 1 oNAL E 1 I g APPROXIMATE ' o MHW d �d p 4 O % cal (0 U, /0 5 OO of N o W - C. 0) co 0 '� 3.34' 1.72' O N APPROXIMATE N v U aj Z o �, M"w LOT/44A z 0 ADJACENT OWNERS KEY NOW OR FORMERLY/INSTRUMENT LEGAL PLAT/GPIN EDNA LARAINE BREITENBERG,TRUSTEE OF LOT 43B, SUBDIVISION OF THE EDNA LARAINE BREITENBERG M.B. 107, PG. 44 REVOCABLE TRUST OF JANUARY 10,2006 LOTS 42 & SECTION A, GPIN: 2419-60-1884 I. N. 20060126000134120 PRINCESS ANNE E HILLS PARK CHRISTOPHER DEMENT& LOT 45, RESUBDIVISION OF M.B. 48, PG. 54 QZ AUDRA B. DEMENT SITES 54, 46&47, SECTION A, GPIN: 2419-60-4865 I. N. 202203052299 PRINCESS ANNE HILLS PARK Q CRAIG DOOREN PART OF PARCEL D, M.B. 145, PG. 24 I. N. 20200908000821170 PRINCESS ANNE HILLS PARK GPIN:2419-61-3098 EXHIBIT A ENCROACHMENT EXHIBIT SHOWING BOATHOUSE, BOAT LIFT S RIP-RAP FOR JONATHAN L. SCHREIBER& ELIZABETH D. KULAS 0 5 10 I.N. 202103089771 LOCATED ON LOT 44A, RESUBDIVISION OF LOT 44&A PORTION OF GALLUP LOT 45, PRINCESS ANNE HILLS PARK,SECTION A SURVEYORS&ENGINEERS I.N. 200509190151527(PLAT) 323 FIRST COLONIAL ROAD GPIN: 2419-60-3857 VIRGINIA BEACH,VIRGINIA 23454 CITY OF VIRGINIA BEACH, VIRGINIA (757)428-8132(757)425-2390 FAX Scale: 1"=5' Date: FEB. 23, 2023 Sheet: 3 of 3 W:\Schreiber,Jonathan&Kulas,Elizabeth-416 Goodspeed Road\Drawings\22-12 Encroachment.dwg,5/15/2023 3:54:23 DM,1:1 . :. � r s s r �.��)•r "vim .�� _ k? t J Aw c ;4T is t ! � f r- ..mot, • ` 104 i �+ 2 p' AK q_i y 0 x , r ✓ �_.,i 5. gam: N W E S too ,SC�V FRyR T xi X rr� x a - •. fi r �x F r , 4 ti tl , LOCATION MAP ENCROACHMENT REQUEST FOR JONATHAN L. SCHREIBER AND Legend ELIZABETH D. KULAS 2419-60-3857 G P I N: 2419-60-3857 r � i„ Feet City Property 0 50 100 200 Prepared by P.W./Enq./Enq.Support Services Bureau 05/19/2023 X.\CADD\Projects\ARC FileSWGENDA MAPS\2419-60-3857\2419-60-3857 Aerial.mxc N W E S SITE O � SCG�F 0 7 GG- --SPE' s� LOCATION MAP ENCROACHMENT REQUEST FOR JONATHAN L. SCHREIBER AND Legend ELIZABETH D. KULAS 2419-60-3857 G P I N: 2419-60-3857 Feet City Property _ 0 50 100 200 Prepared by P.W./Enq./Enq. Support Services Bureau 05/19/2023 X:\CADD\ProjectsWRC FilesWGENDA MAPS\2419-60-3857\2419-60-3857.mxc Disclosure Statement C'rtyoj 1'fryitiaEtz�.:5 �,.: -,• Planning& Communih, Development The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board, commission or other body. Applicant Disclosure tt Applicant Name p()pt�"`� Cl'1 S(�/1��t61- Does the applicant have a representative? ❑ Yes $Q No • If yes, list the name of the representative. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? ❑ Yes NO • If yes, list the names of all officers, directors,members,trustees,etc.below. (Attach a list if necessary) • if yes, list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) ' "Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. '"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when (i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Disclosure Statement T3 c'Kv o cl ymu r; , Planning &Community Development Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? ❑ Yes A No • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? 9 Yes ❑ No • If yes,identify the financial institutions providing the service. U , U 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑ Yes IN No • If yes,identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes 16 NO • If yes,identify the firm and individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property? R Yes ❑ NO • if yes,identify the firm and individual providing the service. 5. is there any other pending or proposed purchaser of the subject property? ❑ Yes No • If yes,identify the purchaser and purchaser's service providers. s: . ._... . . .. 2 . Disclosure Statement VAD Plr'i,Zin `' OIftII1tI':Il 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? 14 Yes ❑ No 9 If yes,identify the company an individual providing the service. <:Exr-p-.1 "11- ff 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?�2 Yes ❑ No C If yes,identify the firm and individual providing the service. 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ER No m If yes,identify the firm and individual providing the service. Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public both,+or committee in connection with this application. Si ature of Applicant -lizabff 3 &W6 Print Name and Title Date Is the applicant also the owner of the subject property? Yes ❑ No 9 if yes,you do not need to fill out the owner disclosure statement. to the applications ❑ No changes as of 7te Signature Print Name Page LI t ; CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize Temporary Encroachments into the City's right-of- way known as Bobolink Drive, located at the front of 1060 Bobolink Drive MEETING DATE: March 19, 2024 ■ Background: Charles G. Barker and Susan Barker (the "Applicants") have requested permission to maintain existing hardscaping, landscaping and an irrigation system in the City's right-of-way known as Bobolink Drive (collectively, the "Temporary Encroachment"), located at the front of the Applicants' property at 1060 Bobolink Drive(GPIN: 2418-15-2571). ■ Considerations: City staff reviewed the Temporary Encroachment and have recommended approval of same, subject to certain conditions outlined in the Agreement. ■ 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, Exhibit, Agreement, Pictures, Location Map, and Disclosure Statement Form. Recommended Action: Approval Submitting Department/Agency: Public Works/Real Estate " City Manager:i,J , 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS INTO 5 THE CITY'S RIGHT-OF-WAY KNOWN AS 6 BOBOLINK DRIVE, LOCATED AT THE 7 FRONT OF 1060 BOBOLINK DRIVE 8 9 WHEREAS, Charles G. Barker and Susan Barker (the "Applicants") have 10 requested permission to maintain existing hardscaping and landscaping and an irrigation 11 system within the City's right-of-way known as Bobolink Drive(collectively, the"Temporary 12 Encroachment"), located at the front of the Applicants' property at 1060 Bobolink Drive 13 (GPIN: 2418-15-2571); and 14 15 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 16 2107, Code of Virginia, 1950, as amended, to authorize the temporary encroachment upon 17 the City's right-of-way subject to such terms and conditions as Council may prescribe. 18 19 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 20 VIRGINIA BEACH, VIRGINIA- 21 22 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 23 2009 and 15.2-2107, Code of Virginia, 1950, as amended, the Applicants, their heirs, 24 assigns and successors in title are authorized to maintain the Temporary Encroachment 25 within the City's right-of-way as shown on the map entitled: "ENCROACHMENT EXHIBIT 26 FOR EXISTING HARDSCAPING, LANDSCAPING AND IRRIGATION SYSTEM SITE 231 27 SUBDIVISION OF BAY SECTIONS `NORTH EAST' & `NORTH WEST' (RESERVED 28 SECTIONS) BIRD NECK POINT (M.B. 18, P. 84) VIRGINIA BEACH, VIRGINIA FOR 29 CHARLES G. BARKER & SUSAN BARKER," Scale: 1" = 25', dated December 14, 2023 30 and revised through December 27, 2023, prepared by Rouse-Sirine Associates, LTD., a 31 copy of which is attached hereto as Exhibit "A", on file in the Department of Public Works 32 and to which reference is made for a more particular description; 33 34 BE IT FURTHER ORDAINED, that the Temporary Encroachment is expressly 35 subject to those terms, conditions and criteria contained in the agreement between the City 36 of Virginia Beach and the Applicants (the "Agreement"), an unexecuted copy of which has 37 been presented to the Council in its agenda, and will be recorded among the records of the 38 Clerk's Office of the Circuit Court of the City of Virginia Beach, 39 40 BE IT FURTHER ORDAINED, that the City Manager or his authorized 41 designee is hereby authorized to execute the Agreement; and 42 43 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 44 such time as the Applicants and the City Manager or his authorized designee execute the 45 Agreement. 46 47 Adopted by the Council of the City of Virginia Beach, Virginia, on the 48 day of , 2024. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: D U LIC W RKS / REAL ESTATE NELL L. FORD ASSOCIATE CITY ATTORNEY CA16068 R-2 Prepared: 01/04/2024 \\vbgov.com\dfs1\applications\citylaw\cycom32\wpdocs\d008\p054\00936898.doc F ASPHALT TWO STORY FRAME DRIVEWAY DWELLING 230B ss' 27. ' #1060 14.0' � 7: (M.B.40,P.42) PORCH i GPIN:2418-05-9345 0 o PO NOW OR FORMERLY 231 194 ^ COLUMN ROBERT A.DARDENNE ` TRUST L m GPIN:2418-15-2571 TI (INST.#201300018164) a= PROPERTY OF CHARLES G.BARKER I T I I I I I I W Q W &SUSAN BARKER _ 'T C v (INST.#202203054225) U) N +ic) ZONED:R-40 PAVER W z o '1. o RIVEWAY W 00 N CO T w LARGE LARGE WALLW/ Z ,�,NLTH O� STONE STONE SPRINKLER 12"CEDAR COLUMN _ fff CLUSTER CLUSTER (NKL H O (TYP.) SHRUBS (TYP•) 36"VINYL FENCE(TYP.) Q 12-27-2023 X -- -- X 12-14-2023 Z z Z 'n` —�y� 4"SAP SHRUBS UP JEFFREY D. WILLIAMS j � ��' � BUSH „_ ®s6a°13'w 310' J W ° z¢®DI 3c'.t TILE APRON _..._•., . a Llc. No. 2045 ROCK ASPHALT LANDSCAPE ORNAMENTAL` N} CURB { ROCKS L4.63' E 2�v D.�iLLIA SDMH® 4.15 L4.69 ENC BOBOLINK DRIVE ENC GRASS(TYP.) ENC. 1 ENC. ENC. (30'PUBLIC RIGHT-OF-WAY) ENC. �9 �04" ENC. ASPHALT SURFACE (M.B.18,P.84)�D SLI Rv� _ BRICK STONE METAL GUARDRAIL ° HRUBS APRON SHRUBS APRON ENCROACHMENT EXHIBIT FOR EXISTING HARDSCAPING, LANDSCAPING AND IRRIGATION SYSTEM SITE 231 SUBDIVISION OF BAY SECTIONS "NORTH EAST ROUSE-SIRINE ASSOCIATES, LTD. & "NORTH WEST" (RESERVED SECTIONS) LAND SURVEYORS,MAPPING LITY eS.U.E.QUALEVELS"B-D" www.rouse-s i ri rin ne.com BIRD NECK POINT 333 OFFICE SQUARE LANE 1311 JAMESTOWN ROAD (M.B.18,P.84) VIRGINIA BEACH,VIRGINIA 23462 SUITE 103 V I R G I N I A BEACH, V I R G I N IA TEL.(757)490-2300 WILLIAMSBURG,VIRGINIA 23185 FOR FAX:(757)499-9136 TEL.(757)903-4695 CHARLES G. BARKER & SUSAN BARKER 0 25 50 75 FEET SCALE: 1"=25' DECEMBER 14, 2023 REVISED: DECEMBER 27,2023 GRAPHIC SCALE F.B. 881, P. 69 J.O. #13800-22-462-1 ACAD:13800-22-462-1 BIRDNECK ENC EXHIBIT.dwg SHEET 1 OF 2 l� TWO STORY FRAME W � ASPHAL' DWELLING DRIVEWAY 14.0' #1060 35.1' 232 FORCH (M.S.18,P.84) �;CH o o GPIN:2418-15-5578 � � STEPS 19.4' NOW OR FORMERLY 231 VINCENT A.NAPOLITANO -E GPIN:2418-15-2571 cGvZ REVOCABLE TRUST#2 (INST.#200900071592) PROPERTY OF CHARLES G.BARKER W &SUSAN BARKER I �ALTH Op (INST.#202203054225) W AV R ZONED:R-40 F-¢Lu O f� W RIVEWAY b. 0-- � 12-27-2023 ccli- 12-14-2023 � W `� CO u JEFFREY D. WILLIAMS A z =WALL W/ LARGE LARGE N STONE STONE _ COLUMN 12"CEDAR ORNAMENTAL CLUSTER CLUSTER Lic. No. 20 ~ 36"VINYL FENCE(TYP.) GRASS(TYP.) (TYP.) (TYP.) GW Efrz: D 1 LL/A Q —X —x— G ° SHRUBS F� 4"SAP ° _ -1LE UP GVV �9�`D Vti�04 64°13' 10' S U R M.B. PI IRR. WM 1,950.94'TO LANDSCAPE SDMH® BOX(3) t STARLING 2.62' LANDSCAPE COURT I —4.06' ROCKS 3.36 S BOBOLINK DRIVE ENC. ENC. ENC ROCKS 7.03' LEGEND: (3U PUBLIC RIGHT-OF-WAY) ASPHALT SURFACE ENC. DI DROP INLET M.B.18,P.84) r ENC. ENCROACH S70NE URB BRICK APRON INST. INSTRUMENT colSHRUBS STONE SHRUBS M.B. MAP BOOK M g FLUME P. PAGE ENCROACHMENT EXHIBIT FOR EXISTING HARDSCAPING, SDMH STORM DRAIN MANHOLE LANDSCAPING AND IRRIGATION SYSTEM TYP. TYPICAL SITE 231 SUBDIVISION OF BAY SECTIONS "NORTH EAST ROUSE-SIRINE ASSOCIATES, LTD. & "NORTH WEST" (RESERVED SECTIONS) LANDsuRVEYORS,MAPPINGCONSULTANTSBcS.U.E.QUALI'11'LEVELS'B-D" www.rouse-sirine.com BIRD NECK POINT 333 OFFICE SQUARE LANE 1311 JAMESTOWN ROAD (M.B.18,P.84) VIRGINIA BEACH,VIRGINIA 23462 SUITE 103 VIRGINIA BEACH, VIRGINIA TEL.(757)490-2300 WILLIAMSBURG,VIRGINIA 23185 FOR FAX:(757)499-9136 TEL.(757)903-4695 CHARLES G. BARKER & SUSAN BARKER 0 25 50 75 FEET SCALE: 1"=25' DECEMBER 14,2023 REVISED: DECEMBER 27,2023 GRAPHIC SCALE F.B. 881, P. 69 J.O. #13800-22-462-1 ACAD:13800-22-462-1 BIRDNECK ENC EXHIBIT.dwg SHEET 2 OF 2 PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) THIS AGREEMENT, made this day of , 20A by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and CHARLES G. BARKER and SUSAN BARKER, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, collectively "Grantee", even though more than one. WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as Site "231", as shown on that certain plat entitled: "SUBDIVISION OF BAY SECTIONS 'NORTH EAST' & `NORTH WEST' (RESERVED SECTIONS), BIRDNECK POINT," Scale 1" = 100', dated July 22, 1946, prepared by JNO. M. Baldwin, C.E., which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 18, at page 84, and being further designated, known, and described as 1060 Bobolink Drive, Virginia Beach, Virginia 234511 WHEREAS, it is proposed by the Grantee to maintain existing hardscaping, landscaping, and an irrigation system, collectively, the "Temporary Encroachment", in the City of Virginia Beach; and WHEREAS, in maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City right-of-way known as Bobolink Drive, the "Encroachment Area"; and GPIN: CITY RIGHT-OF-WAY KNOWN AS BOBOLINK DRIVE (NO GPIN ASSIGNED) 2418-15-2571 (1060 BOBLINK DRIVE) 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 maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be 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: "ENCROACHMENT EXHIBIT FOR EXISTING HARDSCAPING, LANDSCAPING AND IRRIGATION SYSTEM SITE 231 SUBDIVISION OF BAY SECTIONS `NORTH EAST & 'NORTH WEST' (RESERVED SECTIONS) BIRD NECK POINT (M.B. 18, P. 84) VIRGINIA BEACH, VIRGINIA FOR CHARLES G. BARKER & SUSAN BARKER," Scale: 1" = 25', dated December 14, 2023, and revised through December 27, 2023, prepared by Rouse- Sirine Associates, LTD., a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary 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 2 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 maintenance, 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 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 3 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 construction, location, maintenance and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. 4 IN WITNESS WHEREOF, CHARLES G. BARKER and SUSAN BARKER, the said Grantees, have caused this Agreement to be executed by their signatures. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (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 , 20_, 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 , 20_, 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 �a.. arker usan a k STATE OF tc-%G- CITY/COUNTY OF to-wit: The foregoing instrument was acknowledged before me this 2L day of GnLc, 201, by Charles G. Barker and Susan Barker. CL�__ (SEAL..) Notary P blic Joanna owe tche My Notary Registration Number: OSPq( ( N Public M Commission Expires: 12 commoa 'w�gini Y P Commission trx ires 8/31 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM U IC W KS/REAL ESTATE NELL L. FORD 0 ASSOCIATE CITY ATTORNEY 7 ASPHALT N TWO STORY FRAME DRIVEWAY 69 DWELLING 230E b #1060 7 (M.B.40,P.42 14.0' GPIN:2418-05-9345 PORCH c c PO NOW OR FORMERLY 19 q• ^ WALL W/ ROBERT A.DARDENNE 231 COLUMN TRUST w GPIN:2418-15-2571 T (INST.#201300018164) z Ix U PROPERTY OF N H W CHARLES G.BARKER W &SUSAN BARKER W V a (INST.#202203054225) N�io ZONED:R•40lPAV9R W Z o RIVEWAY �-00 N T W LARGE LARGE WALL W/ z ��p'I'TH OF STONE STONE 12'CEDAR COLUMN = jr CLUSTER CLUSTER SPRINKLER r� �P') o UO P•) SHRUBSPP.) 36'VINYL FENCE UP.)12-27-2023 Q O 12-14-2023 g � 65, ,L BUSH a 4°SAP my-S64BS 'W 310' UP U JEFFREY D. WILLIAMS TILE APRON LIC. N0. 20 ROCK ASPHALT LANDSCAPE - ORNAMENTAL Y E E �• W 1 LU{!, SDMH® CURB 69' Y 3T 4n- ROCKS 4 4,gs GRASS NTT 4.63' 4.15 ENC. ENC. BOBOLINK DRIVE ENC. ENC. l g� , oo ENC. ASPHALT SURFACE (30'PUBLIC RIGHT-OF-WAY) D SU o ,, (M.B.18,P.84) METAL GUARDRAIL STONE BRICK HRUB APRONW-N—SHRUBS APRON y ENCROACHMENT EXHIBIT FOR EXISTING HARDSCAPING, LANDSCAPING AND IRRIGATION SYSTEM SITE 231 ROUSE-SuuNE ASSOCIATES, LTD. SUBDIVISION OF BAY SECTIONS "NORTH EAST & "NORTH WEST" (RESERVED SECTIONS) LAND SURVEYORS,MAFFINGCONSULTANTS&S.U.E.QUALITYLEVELS"B-D^ www.rouse-sirine.com BIRD NECK POINT 333 OFFICE SQUARE LANE 1311 JAMESTOWN ROAD (M.B.18,P.84) VIRGDUABEACIL VIRGINIA23462 SUITE 103 VIRGINIA BEACH, VIRGINIA TEL.(757)490-2300 WILLIAMSBURG,vmGM23185 FOR FAX:(757)499-9136 TEL.(757)903-4695 CHARLES G. BARKER & SUSAN BARKER 0 25 50 75 FEET SCALE: 1"=25' DECEMBER 14,2023 mmommow REVISED: DECEMBER27 2023 GRAPHIC SCALE F.B. 881, P. 69 J.O. #13800-22-462-1 ACAD:13800-22-462-1 BIRDNECK ENC EXHIBIT.dwg SHEET 1 OF 2 TWO STORY FRAME N ASPHALT DWELLING DRIVEWAY r 14.0' #1060 35.1' 232 PORCH (M.B.18,P.84) ;CH o o GPIN:2418-15-5578 a' STEPS 9_4� NOW OR FORMERLY 231 VINCENT A.NAPOUTANO E GPIN:2418-15-2571 n� � REVOCABLE TRUST#2 (INST.#200900071592) `- PROPERTY OF W CHARLES G.BARKER W =>' &SUSAN BARKER �N TH 0 c (INST.#202203054225) I-p �1 frj ZONED:R-40 W r:W O w A R RIVEWAY Clv�v c 12-27-2023 `n.I o- 12-14-2023 Z co 0 lu WALL W/ LARGE LARGE N JEFFREY D. WILLIAMS a = CO LUMN STONE STONE I 12"CEDAR ORNAMENTAL CLUSTER CLUSTER LIC. NtZO Q 1 36'VINYL FENCE(TYP.) GRASS(TYP.) (TYPJ (TYP.) Gw ERey . I LLr 4 x a l SHRUBS q•SAp TILE UP �� C ' 64'13' 10' Gw D SURV� `• , : . ;a•. ;�,' ;shv: :a'. x'' Ci, w a M.B. PIN(F) RR. yyT2.6Z 1,950.94'TO SDMH® BOX(3) STARLING .06' LANDSCAPE 3.36' BOBOLINK DRIVE ENC. LANDSCAPE COURT ENC. ENC. (30'PUBLIC RIGHT OF-WAY) ROCKS 7.03' LEGEND: M.B.18,P.-O ASPHALT SURFACE ENC. DI DROP INLET b BRICK APRON STONE CURB ENC. ENCROACH SHRUBS STONE SHRUBS INST. INSTRUMENT M.B. FLUME M.B. MAP BOOK P. PAGE ENCROACHMENT EXHIBIT FOR EXISTING HARDSCAPING, SDMH STORM DRAIN MANHOLE LANDSCAPING AND IRRIGATION SYSTEM TYP. TYPICAL SITE 231 SUBDIVISION OF BAY SECTIONS "NORTH EAST ROUSE-SIRINE ASSOCIATES, LTD. & "NORTH WEST" (RESERVED SECTIONS) LAND SURVEYORS,MAIMING CONSULTAM&S.U.E.QUALTTYLEVELS"B-D' BIRD NECK POINT 333 OFFICE SQUARE LANE www.rouse-sirine.co 311 JAMESTOWN ROAD (M.B.18,P.84) VULCIDUA BEACH,VIRGDUA 23462 SUITE 103 VIRGINIA BEACH, VIRGINIA TEL.(757)4W2300 WILLIAMSBURG,VIRGUZA23185 FOR FAX:(757)499-9136 TEL.(757)903-4695 CHARLES G. BARKER & SUSAN BARKER 0 25 50 75 FEET SCALE: 1"=25' DECEMBER 14,2023 REVISED: DECEMBER 27,2023 GRAPHIC SCALE F.B. 881, P. 69 J.O. #13800-22-462-1 ACAD:13800-22-462-1 BIRDNECK ENC EXHIBIT.dwg SHEET 2 OF 2 L� Ro- � �b s 4Vtodrot MT y jt ` Ilk h. e OVA r, WO c 1 a ��w • w'rt AL fµ got- IF , •�4 y } ��• 1`T parr�' "r�.'�eK�t � ,,�.. cam ," e� z .� • � � a u ' # {w b g v� �+ $ r- • r . >� � `fit... �� 'i� 3x-�. :. _,,,� ;�-� �^. t,_ .a _, ti� �, _ _ ,� -° _ , �yy ��,�, _---,.�� Y , � � �v _^, .� � .. � � ff h a �� l� A, I� +A �. +� -, j� o,. �.� s._� � �..� � „i4�1`�'jF fin.�.j �., �� y ,. S ,�y,_,;,r 'K�r=T 3i ^1 a�""'"t1""`I�` ��bi',S y' �- < yt �`�r, ✓ _ F 1"�k ,t�N�" �, � i._ y Y .E .f �- _� j .^ �- � ��. .y�, .�:� s . : �. �`�, `n �,�^ �.Ye ,s `�•., � ., _ � �� ., ,. d� '0"` .. war. {�' } --• ` f, ! �. _� � 4 ';'w; � ,- � � ��'� ,� .: E --.� <:4 .s,.rsr.' +,rS .,. �:�. raw �' a C-^. � ' X �. A � f � f ^� � � n � ��f ..x, ,� � s '�,T , ,4 "` ; � , r '" a � ,� � ,; t .. 2 .. � +, il t' ! �� };�� ^`+ ,fir w. � T t Y;�• ,..♦ r .,. ' • - � � ,t,� y..�- may'-�._ y� �' � ?. `.i .��e.,r ��.G ,�'-•<- _ =r I' i ; m. u �1r�f�'*✓ �� .��' �{ �?�"°'�� .:i "� ��y s�,�'(.fir , r ♦ , �' � � •.."N1 5. y M x t• w �r ec c ,� r• �� y . ... fir'$.�' � ` � hc.'� � `� •" � . 77, oil�4 r P i f 24 " tt` N W E� LL a Al ilk al k Y _ i�h t- Sys. LOCATION MAP ENCROACHMENT REQUEST OWNER:CHARLES G. BARKER AND SUSAN BARKER Legend , GPIN:2418-15-2571 2418-15-2571 Feet City Property 0 50 100 200 Prepared bV P.WJEnaJEnp.Support Services Bureau 06/15/2023 X:kCAD0kPrqj9MVkRC ReMAGENDA5 112418-15-257 erial.mxc pa ti C W-4�—E yc }r S n ��r LOCATION MAP ENCROACHMENT REQUEST Legend OWNER:CHARLES G. BARKER AND SUSAN BARKER GPIN:2418-15-2571 2418-15-2571 i®t Feet City Property 0 50 100 200 Prepared by P.WlEnq./Enq.Support Services Bureau 06/15/2023 X:tCA(.i',,F'rojects\ARC File s1AG'LNPA MAFISx24 1 8-1 5-2571 1241 8-1 5--"-71.mxc Disclosure Statement 13 Manning & Community The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board,commission or other body. Applicant Disclosure — Applicant Name _ C/M tr- if,5 G, /3g/ ker ,r)J -Qn Does the applicant have a representative? d Yes GkiG • If yes,list the name of the representative. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? ❑ Yes 0"IVo • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) 'V// + — '"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than SO percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. '"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(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 same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised I1.09.2020 11 P a g e Disclosure Statement 1'Ixirinttt� br C'�;t�rtt��rt�i� l k velf)pment Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Be,,,,acch�h have an interest in the subject land or any proposed development contingent on the subject public action?❑ Yes M O • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes �cf No • If yes,identify the financial institutions providing the service. 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑ Yes Mf4o • If yes,identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes t� o • If yes,identify the firm and individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner provided n connection with the subject of the application or any business operating or to be operated on the property?❑ Yes • If yes,identify the firm and individual providing the service. S. Is there any other pending or proposed purchaser of the subject property?❑Yes LS No • If yes,identify the purchaser and purchaser's service providers. Revised 11.09.2020 2 1 P a g e Disclosure Statement t'laufiinK Community 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?❑ Yes Q NO If yes,identify the company and individual providing the service. 7 Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?❑Yes 2 ne NO a If yes,identify the firm and individual providing the service. 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?❑ Yes ❑ No If yes,identify the firm and individual providing the service. Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body o 4Apmmitt n connection with this application. ghature Print Name and Title Date Is the applicant also the owner of the subject property? 2<es ❑ No • If yes,you do not need to fill out the owner disclosure statement. FOR updated applicationsthat pertains to the I No changes as of , Date I ! Signature 3 Print Name Revised 12.09.2020 3 1 P a g e =1 r1 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Grant Funds for the Fire Department's Technical Rescue Team MEETING DATE: March 19, 2024 ■ Background: Each year the City of Virginia Beach receives funding from the Virginia Department of Emergency Management (VDEM) to support technical rescue response activities. In January 2024, the Fire Department was contacted about accepting the FY23 Special Operations Technical Rescue Team Grant from VDEM in the amount of $32,000. ■ Considerations: The intended use of the grant funds is to purchase equipment needed to facilitate water rescue and to provide training that will allow the team to continue to train on technical water rescue scenarios. ■ Public Information: Normal Council agenda process. ■ Recommendations: Adopt the attached ordinance. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Fire Department City Manager: IV 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 GRANT FUNDS FOR THE FIRE DEPARTMENT'S 3 TECHNICAL RESCUE TEAM 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA THAT: 7 8 $32,000 of federal pass-through funding is hereby accepted from the Virginia 9 Department of Emergency Management and appropriated, with federal revenue 10 increased accordingly, to the FY 2023-24 Operating Budget of the Fire Department for 11 equipment and training for the Department's Technical Rescue Team. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2024. Requires the affirmative vote of a majority of all of the members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Z L_ 96�6_�— Budget and Management Services ttorney's Office CA16455 R-1 March 6, 2024 o s i� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate $4,000 from the Federal Emergency Management Agency for Virginia Task Force 2 Training Stipends MEETING DATE: March 19, 2024 ■ Background: The Fire Department is the sponsoring agency for the Virginia Task Force 2 Urban Search and Rescue Team. The Federal Emergency Management Agency (FEMA) has authorized stipends to support attendance and participation in training called "Functional Workgroup Meetings." These training sessions are intended for the Deputy Functional Workgroup Leader of the FEMA Logistics Component. ■ Considerations: The Deputy Functional Workgroup Leader is required to attend specific meetings and participate in training. This training is valuable to the management and operation of our task force. No local match is required for this funding. ■ Public Information: Normal agenda process. ■ Recommendations: Adopt the attached ordinance. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Fire Department City Manager:/�p 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 $4,000 FROM THE FEDERAL EMERGENCY 3 MANAGEMENT AGENCY FOR VIRGINIA TASK 4 FORCE 2 TRAINING STIPENDS 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA THAT: 8 9 $4,000 is hereby accepted from the Federal Emergency Management Agency 10 (FEMA) and appropriated, with federal revenue increased accordingly, to the FY 2023-24 11 Operating Budget of the Fire Department for FEMA training stipends for certain members 12 of the Virginia Task Force 2. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2024. Requires the affirmative vote of a majority of all of the members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: B dget and Management Services C' orney s Office CA16456 R-1 March 6, 2024 z, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Transfer $4,638,235 from the Tourism Investment Program (TIP) Fund to Capital Project#100489, "Winston Salem Avenue Improvements,"to Allow the Execution of a Construction Contract MEETING DATE: March 19, 2024 ■ Background: Capital Project #100489, "Winston Salem Avenue Improvements," seeks to improve the Winston Salem Avenue Corridor, which extends from Mediterranean Avenue to Pacific Avenue. This project will increase safety by providing improved vehicular and pedestrian circulation and connections and will make the area more accessible and attractive for future re-development. This project supports several goals set forth in the Resort Area Strategic Action Plan including: supporting the Marina District's growth; creating great districts with distinctive identities; improving active transit and pedestrian connections between destinations; and creating a transition from the Resort Area to the adjacent neighborhoods. Construction for this project was bid for a third time this winter. Three bids were received, and the lowest responsive bidder's price came in above the funding available. $4,638,235 in additional funding is needed to advance the project to construction. The current low bid is approximately 4% less than the previous bid process. The funding difference between funds appropriated to date and the bids is related to inflationary costs and specialized work of constructing an underground utility duct bank to replace the existing overhead utilities. Staff believes this is a competitive bid that deserves consideration by the City Council. This project first appeared in the FY 2013-14 CIP. Several delays have occurred during the design due to scope modifications, funding deficits, and the pandemic. Additionally, funding for this project was temporarily included in the COVID-19 Revenue Shortfall Stabilization reserve. ■ Considerations: The attached ordinance provides the $4,638,235 funding needed to advance the project to construction. The bid price is valid until April 15, 2024. Construction is expected to take two and a half years, with the bulk of work taking place during the off-seasons. Funding in this amount is available within the TIP Fund due to the delayed bond sale. If this transfer is approved, the total appropriations for this project will total $18,558,235. ■ Public Information: Normal City Council agenda processes. ■ Attachment: Ordinance, Capital Project Detail Sheet Recommended Action: Approval Submitting Department/Agency: Economic Development City Manager:/1�v 1 AN ORDINANCE TO TRANSFER $4,638,235 FROM THE 2 TOURISM INVESTMENT PROGRAM (TIP) FUND TO 3 CAPITAL PROJECT #100489, "WINSTON SALEM AVENUE 4 IMPROVEMENTS," TO ALLOW THE EXECUTION OF A 5 CONSTRUCTION CONTRACT 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA: 9 10 $4,638,235 from unexpended debt service within the TIP Fund is hereby 11 transferred as pay-go funding to Capital Project #100489, "Winston Salem Avenue 12 Improvements" to allow the City to execute a construction contract. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2024. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services orney's Office CA16438 R-1 February 21, 2024 Fiscal Years FY25 through FY30 Capital Improvement Program Project:PG100489 itle:Winston Salem Avenue Improvements tatus:Proposed Category:Economic&Tourism Development Department:Economic Development Project Type Project Location Project Type:Rehabilitation/Replacement District:5 Programmed Funding Programmed Appropriated Budgeted Non-Appropriated Programmed CIP Funding Funding Funding To Date FY25 FY26 FY27 FY28 FY29 FY30 Future 13,920,000 13.920.000 Description This project will provide funding for the design,property acquisition,and construction of a two-lane roadway with on-street parking and a five foot wide walkway on the north side,a nine foot wide walkway on the south side,LED street lighting,and landscaping consisting of trees,shrubs,and grasses.The project corridor is Winston Salem Avenue from Mediterranean Avenue to Pacific Avenue.Included in the construction will be an underground utility duct bank to replace the existing overhead utilities,new water,sewer and gas lines and storm drainage improvements. Purpose This project will increase safety by providing improved vehicular and pedestrian circulation and connections,and will make the area more accessible and attractive for future re-development.This project supports several goals set forth in the Resort Area Strategic Action Plan including:creating great districts with distinctive identities;improving transit and pedestrian connections between destinations and creating a transition from the resort area to the adjacent neighborhoods.This project will support City Council's goal of being a competitive first class resort for residents,businesses and tourists. History and Current Status This project first appeared in the FY 2013-14 CIP.In the FY 2016-17 CIP,the project cost estimates were revised from$3,604,516 to$8,320,000 and the scope was revised with the removal of the conceptual design and feasibility report for an extension of the Rudee Walk along the Marina District Waterfront. During the adoption of the FY 2020-21 CIP,City Council identified appropriations within the CIP totaling$21.8 million to establish a COVID- 19 Revenue Shortfall Stabilization reserve. Funding within this project represented a portion of that reserve and the project was put on hold.Funding was released in January of 2021 and design was completed in the spring of 2022.The project was bid in June of 2022 and bids came approximately$5M over the funding available.The project received a$5M appropriation in FY2023-24.The project was bid in the summer of 2023 and the bids came in$4.5M over funding available.Construction is expected to take two and a half years,with the bulk of work taking place during the off-seasons. Operating To be determined. FY25 FY26 FY27 FY28 FY29 FY30 Total Operating Budget Impacts Total FTE Project Project Activities From-To Amount ...... Design 07/13-05/23 700,000 �,..•� +. Site Acquisition 10/21-05/24 275,000 s Private Utility Adjustments 10/24-05/27 2,000,000 s Construction 10/24-06/27 9,055,000 " Street Lights 10/25-06/27 235,000 Landscaping 10/25-06/27 155,000 ...... w Contingencies 07/13-06/27 1,500,000 •100489 Total Budgetary Cost Estimate: 13,920,000 Means of Financing Funding Subclass Amount Local Funding 13,920,000 Total Funding: 13,920,000 K. PLANNING 1. SUNSATIONS REALTY, LLC for a Special Exception for Alternative Compliance re J-1 Visa Dormitory Housing for Temporary Workers at 2500 Atlantic Avenue DISTRICT 6 RECOMMENDATION: APPROVAL 2. DAOLIN DONG& JIAYIN WANG/CHARLES B. HAYES & STRAWBRIDGE COMMONS CONDOMINIUM ASSOCIATION for a Modification of Proffers to a Conditional Change of Zoning re allow retail sales and eating and drinking establishment at 2180 McComas Way,Suite 111 DISTRICT 5 RECOMMENDATION: APPROVAL 3. VIRGINIA WESLEYAN UNIVERSITY for a Conditional Use Permit re Museum at 5817 Wesleyan Drive DISTRICT 4 RECOMMENDATION: APPROVAL 4. YURVIN JUAN MORALES LOPEZ / FREEDOM LAND INVESTMENT, LLC for a Conditional Use Permit re open air market at 5070 Virginia Beach Boulevard DISTRICT 4 RECOMMENDATION: APPROVAL 5. GEORGE CUTULLE/GEORGE JOSEPH CUTULLE &VIVIENNE MARY CUTULLE for a Conditional Use Permit re residential kennel at 2760 Mulberry Loop DISTRICT 5 RECOMMENDATION: APPROVAL 6. BRANDON SHAW for a Conditional Use Permit re home occupation—retail sales at 2076 Mason Neck Lane DISTRICT 7 RECOMMENDATION: APPROVAL 7. SIREN ARTS STUDIO /RT VIRGINIA HOLDINGS, LLC for a Conditional Use Permit re tattoo parlor and body piercing establishment at 1423 North Great Neck Road, Suite 105A DISTRICT 8 RECOMMENDATION: APPROVAL 8. CECILIA M. PATTERSON/ROCKY LLC for a Conditional Use Permit re tattoo parlor at 3920 Virginia Beach Boulevard DISTRICT 8 RECOMMENDATION: APPROVAL 9. 915C PACIFIC, LLC for a Conditional Use Permit re short term rental at 915 Pacific Avenue Unit C DISTRICT 5 RECOMMENDATION: APPROVAL 10. MARIBEL JOA / MARIBEL JOA & COURTNEY A. CURRIE for a Conditional Use Permit for a short term rental at 304 281" Street, Unit 211 DISTRICT 6 RECOMMENDATION: APPROVAL Qt1A•Ilf,�, �f< 3 �ieY�M"�6♦� NOTICE OF PUBLIC HEARING A Public Hearing of the Virginia Beach City Council will be held on Tuesday, March 19,2024 at 6100 p.m.in the Council Chamber at City Hall,2-Floor at 2401 Courthouse Drive,Building 1,Virginia Beach,VA 23456.Members of the public will be able to observe the City Council meeting through livestreaming on www.virginiabeach.gov,broadcast on VBTV,and via WebEx. Citizens who wish to speak can sign up to speak either in-person at the Council Chamber or virtually via WebEx by completing the two-step process below.All interested parties are invited to observe. If you wish to make comments virtually during the public hearing, please follow the two-step process provided below: 1. Register for the WebEx at: httos://vbyov.wet>ex,com/webl i n k/register/re9e0662ba478e67eac8 11db4c8e0eab5 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m.on March 19,2024. The following requests are scheduled to be heard: Sunsations Realty,LLC(Applicant&Property Owner)Alternative Compliance Address:2500 Atlantic Avenue GPIN(s):2428100185 City Council:District 6 Daolin Dong&Jiayin Wang(Applicants) Charles B. Hayes &Strawbridge Commons Condominium Association (Property Owners) Modification of Proffers Address: 2180 McComas Way, Suite 111 GPIN(s): 24049774940111 City Council:District 5 Virginia Wesleyan University(Applicant&Property Owner)Conditional Use Permit(Museum)Address:5817 Wesleyan Drive GPIN(s):1468032646 City Council:District 4 Yurvin Juan Morales Lopez (Applicant) Freedom Land Investment, LLC (Property Owner)Conditional Use Permit(Open-Air Market)Address:5070 Virginia Beach Boulevard GPIN(s): 1467960131 City Council:District 4 George Cutulle(Applicant)George Joseph Cutulle&Vivienne Mary Cutulle (Property Owner)Conditional Use Permit(Residential Kennel)Address:2760 Mulberry Loop GPIN(s):2405215708 City Council:District 5 Brandon Shaw(Applicant&Property Owner)Conditional Use Permit(Home Occupation - Retail Sales) Address: 2076 Mason Neck Lane GPIN(s): 1454694387 City Council:District 7 Siren Arts Studio (Applicant) RT Virginia Holdings, LLC (Property Owner) Conditional Use Permits (Tattoo Parlor & Body Piercing Establishment) Address:1423 N Great Neck Road,Suite 105A GPIN(s):2408184833 City Council:District 8 Cecilia M.Patterson(Applicant)Rocky,LLC(Property Owner)Conditional Use Permit (Tattoo Parlor) Address: 3920 Virginia Beach Boulevard GPIN(s): 1487240595 City Council:DIsMct 8 915C Pacific LLC(Applicant&Property Owner)Conditional Use Permit(Short Term Rental) Address: 915 Pacific Avenue, Unit C GPIN(s): 24272444111075 City Council:District 5 Maribel Joa(Applicant)Maribel Joa&Courtney A.Currie(Property Owner) Conditional Use Permit(Short Term Rental)Address:304 28th Street,Unit 211 GPIN(s):24280028662011 City Council:District 6 Copies of the proposed plans,ordinances,amendments and/or resolutions are on file and may be examined by appointment in the Planning Department at 2875 Sabre St, Suite 500, Virginia Beach, VA 23452 or online at www.virginiabeach.gov/pc.For information call 757-385-4621.Staff Reports will be available on the webpage 5 days prior to the meeting. If you require a reasonable accommodation for this meeting due to a disability, please call the City Clerk's Office at 757-385-4303. If you are hearing impaired,you can contact Virginia Relay at 711 for TDD service.The meeting will be broadcast on cable TV,www.virginiabeach.gov and Facebook Live. Please check our website at https,.//clerk.virginiabeach.gov/city-council for the most updated meeting information. All interested parties are invited to participate. Amanda Barnes City Clerk PILOT-MARCH 5,2024&MARCH 12,2024-1 TIME EACH OR OR OR OR n \ OR OR Co 1 h street . t OR Sunsations Realty, LLC N Site 2500 Atlantic Avenue W E ® s l� Property_Polygons Zoning Feet �� Building 0 510 20 30 40 50 60 Nu n� �u Sj a CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: SUNSATIONS REALTY, LLC [Applicant & Property Owner] Special Exception for Alternative Compliance (J-1 Visa Dormitory Housing for Temporary Workers) for the property located at 2500 Atlantic Avenue (GPIN 24281001850000). COUNCIL DISTRICT 6 MEETING DATE: March 19, 2024 ■ Background: The applicant is requesting a Special Exception for Alternative Compliance for a J-1 Visa Dormitory Housing facility as the use is not expressly listed in the use table of the Oceanfront Resort District Form-Based Code (ORDFBC). The applicant proposes to occupy the second floor of an existing building to create a dormitory dwelling space which can accommodate up to 86 J-1 Visa workers. The site is in the Resort Area and is located on the northwest corner of Atlantic Avenue and 25t" Street. The J-1 Visa workers are primarily employed by hotels and restaurants in the Resort Area. While peak employment demand occurs during the summer season, the applicant believes there would be year-round demand to support the proposed use. The facility will only be used as a dormitory for J-1 Visa applicants; no other individuals will reside on-site. The facility will be managed by a 3rd party company, to include a 24/7 on-site manager to ensure the safety and cleanliness of the dormitory. This request was considered by the Joint Review Process Group (JRP) on December 12, 2023, who found, based on criteria established for discretionary proposals in Sub-Area 1, the proposed development is consistent with the recommendations of Section 1804(c)(1) of the Ordinance. Additionally, this request was presented to the Resort Advisory Commission (RAC) and their subcommittees Planning/Design Review Committee (PDRC) and Resort Investment Committee (RIC). On February 1 , 2024, RAC voted to support the item as their membership believes there is demand for this type of housing to support the international students working in the local hospitality industry under the Federal J-1 Visa program. ■ Considerations: The Oceanfront Resort District Form-Based Code (ORDFBC) provides flexibility through the Special Exception of Alternative Compliance process to accommodate unique uses and development forms that contribute to the character and ambiance envisioned in the Resort Area Strategic Action Plan (RASAP 2030), per Sec. 7.3 Sunsations Realty, LLC Page 2 of 3 of the ORDFBC. Although the proposed use of"J-1 Visa Dormitory Housing" is not expressly listed within the Permitted Use Table, per Sec. 5.2 of the ORDFBC, Staff believes that the use is compatible with the Oceanfront Resort as it provides much- needed housing opportunities for J-1 Visa workers who support the operations of the Resort Area year-round. Furthermore, providing a diverse housing stock, to include J-1 Visa housing, was identified in the RASAP 2030. Additionally, this location is optimal for dormitory housing as many of the J-1 Visa workers rely on bike/pedestrian infrastructure, public transportation, and micro transit. The building is located in the midst of the Resort Area and is in close proximity to the boardwalk and public transportation, which will connect residents to employment opportunities and other services in the area. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. Staff has received 2 letters of support for the request and is unaware of any opposition. ■ Recommendation: On February 14, 2024, the Planning Commission passed a motion to recommend approval of this request, by a vote of 10 to 0 with 1 abstention, with a modification to Condition 7 to allow the additional bike racks to be installed in the public right- of-way. 1. The interior renovations for the J-1 Visa Dormitory Housing shall be in substantial conformance to the submitted plan, entitled "25th Street SJ1 Student Housing", prepared by T3 Architects, and dated October 19, 2023, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. Any changes to the plan required by the Building Code, Fire Marshal, or any other governing body are acceptable to the extent that they do not result in a greater occupancy than the 86 beds presented in the original plan. 2. The J-1 Visa Dormitory shall be limited to a maximum of 86 occupants. The occupants of this dormitory must also be enrolled in the J-1 Visa Exchange Visitor Program for the extent of time they are inhabiting the dormitory. The dormitory may not be utilized for any other purpose than housing J-1 Visa workers. 3. A lighting plan which indicates LED light fixtures on all exterior walls of the structure must be approved prior to issuance of a Certificate of Occupancy for the J-1 Visa Dormitory Housing use. These LED light fixtures must be always maintained and provide illumination of the exterior of the structure, including all entrances of the building, all fire exits on the building, and the alleyway (25th '/2 Street). 4. A means of emergency access shall be provided to the Virginia Beach Police Department for the J-1 Visa Dormitory Housing prior to the issuance of a Sunsations Realty, LLC Page 3 of 3 Certificate of Occupancy for the use. The applicant and/or site manager shall meet any access requirements as determined by the Police Crime Prevention Office. 5. All entryways, lobbies, and fire exits to and from the J-1 Visa Dormitory Housing shall be monitored by a functioning security camera system which the Virginia Beach Police Department can access. A plan indicating the location of these cameras shall be approved prior to the issuance of a Certificate of Occupancy for the J-1 Visa Dormitory Housing Use. 6. A secure, lockable wardrobe, footlocker, or other administratively approved container shall be provided per bed for the occupants of the J-1 Visa Dormitory Housing. 7. A plan which provides bicycle parking for no less than 40 bikes, either in the form of a bicycle rack(s) or other indoor, secured storage area, is required to be approved prior to the issuance of the Certificate of Occupancy for the J-1 Visa Dormitory Housing use. This bicycle parking must may be provided within the limits of private property and net or within the right-of-way. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Letter(s) of Support (2) Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department CI City Manager:(/p Applicant and Property • Realty, LLC • Planning Commission Public February 2024 City Council Virginia Beach Request Alternative Compliance (J-1 Visa Dormitory Housing for Temporary Workers) emu . Staff Recommendation Approval 30'S" A``EY V-1 6Y Staff Planner d 2at"c�T Garek Hall Hannigan ��. 2'SH Location 2 7 � iIt 2500 Atlantic Avenue rO 26t"5 m 15S"Sx GPIN 2 Fuss '' r� 24TN 24281001850000 } m 241"st F SS 23R0 ST -Y Site Size ±14,356 square feet 2zzNo""`�Ss /�SJ AICUZ 65-70 dB DNL; Sub-Area 1 2'SzstF51 t++ 2p1"HAL 20t"5� m Watershed Chesapeake Bay Existing Land Use and Zoning District r +a Retail establishment/OR Oceanfront Resort Surrounding Land Uses and Zoning Districts t """ 26"A "' • North _ f 25th %2 Street - Eating and drinking establishment, Parking lotIs OR Oceanfront Resort ; �,, ► ,� � 4 South 25th Street T AVO,.w Offices, Retail establishment/OR Oceanfront m Resort East ;�, - +► Atlantic Avenue Hotel/OR Oceanfront Resort West ow Offices, Eating and drinking establishment/OR Oceanfront Resort Sunsations Realty, LLC Agenda Item 8 Page 1 Background SummaryofProposal • The applicant is requesting a Special Exception of Alternative Compliance for a J-1 Visa Dormitory Housing facility as the use is not expressly listed in the use table of the Oceanfront Resort District Form-Based Code.The proposed dormitory will occupy the second floor of an existing building. • The existing two-story building is occupied by a retail establishment, Sunsations, on the first floor.The second floor is currently vacant space but has been previously used as inventory storage for the retail establishment. • The applicant proposes a dormitory to house up to 86 student workers.These student workers are classified as J-1 exchange visitors and are nonimmigrants sponsored by exchange programs under the administration of the Department of State. • J-1 Visa workers are primarily employed by hotels and restaurants in the Resort Area. While peak employment demand occurs during the summer season, the applicant believes there would be year-round demand to support the proposed use. • The facility will only be used as a dormitory for J-1 Visa applicants; no other individuals will reside on-site. • This request was considered by the Joint Review Process Group (JRP)on December 12, 2023, who found, that based on criteria established for discretionary proposals in Sub-Area 1,the proposed development is consistent with the recommendations of Section 1804(c)(1)of the Ordinance. o Section 1804(c)(1) requires that the applications conform to the applicable provisions of the Oceanfront Resort District Form-Based Code as well as the Comprehensive Plan and the Resort Area Strategic Action Plan (RASAP) 2030. • This request was presented to the Resort Advisory Commission (RAC)and their subcommittees Planning/Design Review Committee (PDRC)and Resort Investment Committee (RIC). On February 1, 2024, RAC voted to support the item as their membership believes there is demand for this type of housing to support the international students working in the local hospitality industry under the Federal J-1 Visa program. OR' OR OR OR OR OR OR 1gTN51 OR OR OR OR 1 Zoning History t! # Request ��'_ $ O R '.O R 1 ALT Approved 03/19/2019 OR OR 1 CUPS(Short Term Rentals)Approved 01/18/2022 >21A24 a� �} �TH51 OR OR OR OR 9 __\_"A �c ' m Application Types CUP—Conditional Use Permit MDC—ModificationofConditions STC—Street Closure SVR—SubdivisionVariance REZ—Rezoning MDP—ModificationofProffers FVR—FloodplainVariance LUP—Land Use Plan CRZ—Conditional Rezoning NON—Nonconforming Use ALT—Alternative Compliance STIR—Short Term Rental Sunsations Realty, LLC Agenda Item 8 Page 2 Evaluation • • • The Oceanfront Resort District Form-Based Code (ORDFBC) provides flexibility through the Special Exception of Alternative Compliance process to accommodate unique uses and development forms that contribute to the character and ambiance envisioned in the Resort Area Strategic Action Plan (RASAP 2030), per Sec. 7.3 of the ORDFBC.Although the proposed use of"J-1 Visa Dormitory Housing" is not expressly listed within the Permitted Use Table, per Sec. 5.2 of the ORDFBC, Staff believes that the use is compatible with the Oceanfront Resort as it provides much-needed housing opportunities for J-1 Visa workers who support the operations of the Resort Area year-round.Additionally, this location is optimal for dormitory housing as many of the J-1 Visa workers rely on bike/pedestrian infrastructure, public transportation, and micro transit.The building is located in the midst of the Resort Area and is in close proximity to the boardwalk and public transportation, which will connect residents to employment opportunities and other services in the area. The Oceanfront Resort District, pursuant to Section 7.3.3, provides 'Review Standards'for applications for Alternative Compliance, noting that the City Council "shall consider the extent to which the proposed development,taken as a whole," satisfies these standards. Each of these standards is listed below,with a Staff comment pertaining to the degree to which the proposal meets each. • Promotes modes of transportation other than the automobile, including walking, biking, and transit. Staff Comments:The site is located at the northwest corner of 25' Street and Atlantic Avenue which is a central location within the Resort Area. 25th Street is designated as "Beach"frontage type which is intended as a frontage with high pedestrian activity directed downward to the beach, while Atlantic Avenue is designated as a "Shopping"frontage type which features the most walkable places in the Resort Area, with a focus on pedestrian movement and activity to and from a mix of retail, dining, and lodging uses. While there is a higher volume of traffic on these streets, particularly Atlantic Avenue,the area still offers accommodations for pedestrians.The proposed dormitory is in close proximity to many employment opportunities for the J-1Visa Workers and is accessible by various modes of transportation, thus enabling the residents to walk, bike, or utilize public transportation to get to their destinations. In these ways,the proposed dormitory use promotes modes of transportation other than the automobile within the Resort Area. • Creates a built environment that is in scale with pedestrian-oriented activities and provides visual interest and orientation for pedestrians. Staff Comments:There are minor proposed changes to the built environment with this application as the applicant will be adding fenestration to the west elevation of the building.As these exterior alterations are located behind the building, away from Atlantic Avenue, there will be no visual change from the pedestrian level.The primary changes proposed will be made to the interior of the existing building. The proposed dormitory will not alter the existing scale of the building, nor will it enhance or detract from the existing pedestrian-oriented activities and visual interests of the Resort Area. • Contributes to a mix of uses in the area that are compatible with each other and work together to create a memorable and successful place. Staff Comments:The proposed dormitory will provide lodging for J-1 Visa workers, many of whom are employed by businesses within the Resort Area. It will occupy the second floor of an existing retail establishment thus contributing to the goal of creating mixed-uses within the Oceanfront.This proposed dormitory is consistent with the goals of the Resort Area and furthers them by providing a much-needed housing option within the heart of the Resort Area. Sunsations Realty, LLC Agenda Item 8 Page 3 • Is consistent with the intent of the regulations applicable to the street frontage in which it is located,as set forth in Sec. 2.1 of this code. Staff Comments:The "Beach" and "Shopping"frontages are both intended to promote pedestrianism in the Oceanfront by providing residential uses near commercial uses to reduce the need for a personal automobile. The location of the dormitory is one block from the boardwalk and fronts Atlantic Avenue, which has well- supported multi-modal transit infrastructure. • Is physically and functionally integrated with the built environment in which it is located. Staff Comments:The proposed use will not alter the exterior of the existing structure on the site.The existing structure is a two-story, mixed-use building, and is in keeping with the spirit of the Oceanfront Resort district and the frontage types on which it is located. The proposed use and structure on the site are well-suited to the Resort District. • Advances the goals and objectives of the parking strategy for the District. Staff Comments: No additional parking will be provided on site. Given the proximity of the dormitory to the robust multi-modal transit system in the Resort Area, no additional parking will be required for this use. It is unlikely that all or even most residents of the dormitory will have a personal vehicle and demand for individual parking is unexpected.As such, it is Staff's opinion that the proposed use, while not providing additional parking, will have no detrimental effect on the parking strategy for the Resort Area. • The City Council shall also consider the potential impacts of the proposed deviation on surrounding properties and the extent to which any adverse impacts from such deviation can be mitigated. Staff Comments:The proposed use is unlikely to have any adverse impacts on surrounding properties. Under the current zoning,this site can be developed or redeveloped with residential uses.A project of that type would require additional parking and increase average daily trips to this area.The proposed dormitory, while a type of residential use, has a lower parking demand. It will also provide J-1 Visa workers an affordable housing opportunity near employment opportunities and a new customer base for the Resort Area. Given this, Staff does not believe the proposed use will be a detriment to surrounding properties nor the Resort Area in general. Within the Resort Area Strategic Action Plan,J-1 housing is specifically listed in Chapter 4.6 as a use that is "needed to achieve the goal of a year-round resort." Chapter 4.6 notes that J-1 housing will be a critical component to the Resort Area as it will enable it"to be a walkable community and will alleviate congestion and parking issues." A priority action item of the RASAP 2030, as stated in Chapter 5, is to "Support residential and mixed-use development in the Resort Area" by developing "J-1 housing to promote year-round activity". This project was presented to the Joint Review Process Group on December 12, 2023.The group,which contains representation from Naval Air Station Oceana, found the request acceptable based on criteria established for discretionary proposals in Sub-Area 1 of the Air Installations Compatible Use Zones (AICUZ), namely that the development conforms to the applicable provisions of the Zoning Ordinance and applicable provisions of the Comprehensive Plan, including the Resort Area Strategic Action Plan. More specifically, the group found the proposed development to be in conformance with the RASAP 2030, which expressly identifies the need for J-1 housing in the Resort Area. As part of the recommended conditions,the density of this project will be capped at 86 J-1 Visa occupants in accordance with the findings and recommendations of the Joint Review Process Group. Additionally,the applicant's representative presented the project to the Resort Advisory Commission (RAC) on February 1, 2024, as well as their subcommittees Planning/Design Review Committee (PDRC) and Resort Investment Committee (RIC) on January 30, 2024, and January 31, 2024, respectively. The applicant's representative shared the conceptual plan with the Commission as well as details pertaining to how the dormitory will be managed:A 3rd party will manage the site in order to ensure the security and safety of the occupants, they will upkeep the shared amenities of the facility such as the bathrooms, kitchen, and laundry, and they will provide an on-site manager similar to a Resident Advisor(RA) in a college dormitory. Given these details,the RAC voted to support the request under the pretenses that their membership Sunsations Realty, LLC Agenda Item 8 Page 4 believes there is demand for this type of housing to support the international students working in the local hospitality industry under the Federal J-1 Visa program. RAC's support was based on the following features of the proposed project; the dormitory will only support housing for the J-1 program, the project provides a high capacity of housing for workers to support multiple businesses in the Resort Area, parking in the Resort Area will not be adversely affected as the workers typically utilize bicycles and other microtransit, and that there are "built-in" health and welfare safeguards for the occupants and the surrounding community given the inclusion of a site manager. It is the belief of the Commission that this project should be allowed to proceed to help meet the continuing demand for labor by the local hospitality industry. The application was reviewed by the Police Crime Prevention Office and the Police Resort Liaisons and they provided feedback regarding site lighting, access, ongoing inspections, security cameras, personal storage, and bicycle parking and storage.Conditions 3 through 7 have been recommended to address their comments. Staff is supportive of the proposal as it will provide housing for a year-round workforce while maintaining compatibility with the established character of the Oceanfront Resort Area. Based on the conclusion that the proposed use will satisfy the standards above to the greatest extent possible, that the proposed use is supported by the RASAP 2030, that the project is limited to 86 J-1 Visa occupants, that the Joint Review Process Group found the proposal to be consistent with the recommendations of the AICUZ, and that the Resort Advisory Commission believes that this project satisfies the need for temporary labor housing in the Resort Area, Staff recommends approval of this Special Exception for Alternative Compliance to the Form-Based Code, subject to the conditions below. Recommended Conditions 1. The interior renovations for the J-1 Visa Dormitory Housing shall be in substantial conformance to the submitted plan,entitled "25th Street SJ1 Student Housing", prepared by T3 Architects, and dated October 19, 2023, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development.Any changes to the plan required by the Building Code, Fire Marshal,or any other governing body are acceptable to the extent that they do not result in a greater occupancy than the 86 beds presented in the original plan. 2. The J-1 Visa Dormitory shall be limited to a maximum of 86 occupants.The occupants of this dormitory must also be enrolled in the J-1 Visa Exchange Visitor Program for the extent of time they are inhabiting the dormitory.The dormitory may not be utilized for any other purpose than housing J-1 Visa workers. 3. A lighting plan which indicates LED light fixtures on all exterior walls of the structure must be approved prior to issuance of a Certificate of Occupancy for the J-1 Visa Dormitory Housing use.These LED light fixtures must be always maintained and provide illumination of the exterior of the structure, including all entrances of the building, all fire exits on the building, and the alleyway(25th%2 Street). 4. A means of emergency access shall be provided to the Virginia Beach Police Department for the J-1 Visa Dormitory Housing prior to the issuance of a Certificate of Occupancy for the use.The applicant and/or site manager shall meet any access requirements as determined by the Police Crime Prevention Office. 5. All entryways, lobbies, and fire exits to and from the J-1 Visa Dormitory Housing shall be monitored by a functioning security camera system which the Virginia Beach Police Department can access.A plan indicating the location of these cameras shall be approved prior to the issuance of a Certificate of Occupancy for the J-1 Visa Dormitory Housing Use. 6. A secure, lockable wardrobe,footlocker, or other administratively approved container shall be provided per bed for the occupants of the J-1 Visa Dormitory Housing. Sunsations Realty, LLC Agenda Item 8 Page 5 7. A plan which provides bicycle parking for no less than 40 bikes,either in the form of a bicycle rack(s) or other indoor, secured storage area, is required to be approved prior to the issuance of the Certificate of Occupancy for the J-1 Visa Dormitory Housing use.This bicycle parking Est may be provided within the limits of private property abet or within the 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. Comprehensive Plan Recommendations This project falls within the Resort Area SGA and the Short Term Rental Overlay. Based on the guidelines set in the Resort Area Strategic Action Plan (RASAP),1-1 Housing is needed and welcomed in the Resort Area as the SGA is striving to achieve a goal of being a year-round resort. ResourcesNatural & Cultural • The site is located in the Chesapeake Bay watershed.There does not appear to be any significant natural or cultural resources associated with the site. PublicOutreach Information Planning Commission • The applicant's representative met with the Joint Review Process Group on December 12, 2023 to discuss the details of the request. A letter of approval was provided to Staff by the Joint Review Process Group as a result of this meeting. • As required by the Zoning Ordinance, the public notice signs were placed on the property on January 15, 2024. • As required by State Code,this item was advertised in the Virginian-Pilot on Wednesdays,January 31, 2024 and February 7, 2024. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on January 29, 2024. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of www.virginiabeach.gov/pc on February 8, 2024. City Council • As required by City Code, this item was advertised in the Virginian-Pilot Beacon on Tuesdays, March 5, 2024 and March 12, 2024. Sunsations Realty, LLC Agenda Item 8 Page 6 • 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 4, 2024. • The City Clerk's Office posted the materials associated with the application on the City Council website of https://clerk.virginiabeach.gov/city-council on March 15, 2024. Sunsations Realty, LLC Agenda Item 8 Page 7 Proposed Floor • all �x • _ C� 1 x Sunsations Realty, LLC Agenda Item 8 Page 8 Disclosure Disclosure Statement Piano*&Comm inity Developm tt y- The disc,osjres contained in this form are necessary to inform pun c officials who may vote on the application as to whm her they have a conflict of interest under Virginia law. The corrp'e:ion and submission of this form is required for all apolicat ons that pertain to City real estate matters or to the development and/or use of property in the City of Virg iria Beach requiring action by the City Coar.cil or a City board,commission or other body. Applicant Disclosure Applicant Name SUNS/MONS REALTY LLC Does the applicant have a representative? H Yes ❑NO • if yes,list the narric urthe representative KM D.KQRTE Iadw applicant a corporation,partnership,firm,business,trust or an unincorporated business? r Yes 0 NO If yes,list tie canes of all officers,directors.members,trustees,etc below. (Attach a list if necessary) vAROV S BONY,PRESIDENT Nyes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship wltr,the applicant- (Attach a hstif neoessary) SUNSATIONS INC- ''Partntaubsidiary 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.Cede§2.2-3101. '"Affiliated business entity relationship'means'a relationship,other th an parent-subsidiary relationship,that exists when fit one business entity has a controlling ownership interest;n the other business entity,(il)a controlling owner in one entity is also a controlling owner in the other entity,or(ki)there is shared management or control between the business entities, Factors that should be considered in determming the existence of an affiliated business entity relationship Include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities.` See State and Local Government Conflict of interests Act,Va Code§2.2.3101. Revised 11.09,2020 1 1 p aig Sunsations Realty, LLC Agenda Item 8 Page 9 Disclosure Disclosure Statement i1y y +y.M1arn PIanning& Community - Development Known Interest by Public Official or Employee Does an official or employee of the City of Vwgksla Brach have ar.nterest in the sub}ert land or any proposed developmert contingent on the subect public act+on?❑Yes N No • 4 yes,what is the name of the offical or employee and what is the nature of the interest? Appl"nt Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collMerali2ation,etc)or are they considering any financing it connection with the 5ub.eict o'the app icatlon or anybusiness operating or to be ope'atec on the properry? Yes U No if yes,ident fy the financial institutions providing the service, 2 toes the applicant have a real estate brokerlagent/r►attor'rr r refit anc antiopatec'uture saes of the subject property-, ❑Yes ■No • If yes,identify the company and Ind viduaa Ixovrd,ng the service 3 Does the appi cant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?0 yes ❑No • if yes,identify the fire,and irdivrdua providing the service TYLER&COMPANY L.0 4 Does the applicant have serv,ces from an architect/landscape architect/land planner provided in connection with the subject r r the application or any buunets operating or to be operated on the property?■Yes ❑ No • if yes,identify the firm and individual providing the seance HEL MIC C.ASHE,FAIR ARCHITECT S, is there any other pending or proposed purchaser of the subject property?[3 Yes ■ No • li yes,identify the purchaser and purchase-'s service providers. Rtrstd 1 LD9.2D2D ? I • Sunsations Realty, LLC Agenda Item 8 Page 10 Disclosure Disclosure Statement yr.1,•r:a,.. Planning&Community Development 6 Does the applrcart have a construction contractor it cornectio^,with the subject,of the application or any business operating er to be operated on the propene?0 Yes ❑ No . +f yes,identity the company and ind wdid providing the service Is CONTRAC'ORS 7. Does the apolican!have an engineer/surveyor/agent in connection with the subject of the application or any business operating or tc be operated or the prcperty?D Yes 0 NO • If yes,identify the f rm and mdiwdual providing the service 8. Is the applicant receiving legal services it connection with the subject of the appbcatior or ary business operating or to be operated or the propery?N Yes ❑ No • If yes,identfy the firm and ndividual prov-ding the service KYIE D KORTE,WOLCOTT RIVERS GATES Applicant Signature I certify that all of the information contained in this Disclosure Statement form is complete,true,anc a;curate 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 Pia"Ing Commission,City Council,VBDA,CBPA,Wetlands Hoard or any public body or committee in connection with this application • App cart Stgnaturc � Print Name and Title _I t J J 1A3 Date is the applicant also the owner of the subject property? ❑Yes ❑ NO • It yes,you do not neec:o fi.out the owner disclosure statem.e^t FOR CITY USE Oftili AN disclosures rnust be updated two 12)weeks prior to anyPlArtning Commission and City Couniril meeting that pertains to the applications Mo chinrn..or Del# 3/4/2024 s•i,.tr.ra a� Prim Mane Garek Hall Hannigan kev�sed j Lt?9.1d?4 Sunsations Realty, LLC Agenda Item 8 Page 11 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision, the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-5692. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Sunsations Realty, LLC Agenda Item 8 Page 12 Virginia Beach Planning Commission February 14, 2024, Public Meeting Agenda Item # 8 Sunsations Realty, LLC RECOMMENDED FOR APPROVAL Mr. Alcaraz: Thank you. Next item for us to hear is item number eight. Please come forward and state your name. Mr. Korte: Good afternoon. My name's Kyle Korte. I'm a lawyer with Wolcott Rivers in Virginia Beach. I represent the applicant on item number eight, which is the alternate compliance to allow J-1 housing of temporary workers. I understand there are some questions. I can go through the report and what we've done or I can just take the questions immediately, whatever the preference is. Mr. Alcaraz: Are there any questions for Mr. Korte, Ms. Hippen? Ms. Hippen: I have a couple. My concern was making sure that each person has enough personal space during the informal. We were told that this will hold 86 people, they are only here for four to five months, is that correct? Mr. Korte: Yes, ma'am. Ms. Hippen: But a J-1 Visa does allow you to stay longer? Mr. Korte: And they'll be permitted to stay as long as they're here on a J-1 Visa, they'll be permitted to stay in the property. So we anticipate the four to five months or the timeframe you specified, but if they're ended up permitted to stay longer, we don't take them out of the space as long as they're here on the J-1 Visa, they're permitted to stay. Ms. Hippen: Okay and do you have someone monitoring that space on a 24-hour basis and where are they? Mr. Korte: There will be an on-site manager 24/7. They do not live on-site. It'll be a desk and they'll have a location for the manager that'll be on that second floor where all the bedrooms are. The exact plan hasn't been thought-out as far as layout and everything. Still, we're working through that, but there will be an on-site manager 24 hours a day. Ms. Hippen: Okay. Alright. Let me see. Those were the questions that I had. Mr. Alcaraz: Just to be clear, so they're on duty, they're not there to stay and sleep. They're actually on a time. Mr. Korte: Yes sir. That's correct. They'll be there working. They won't sleep there, but yeah, it'll be 24/7. There'll be a desk kind of like a hotel lobby type reception situation. Mr. Alcaraz: Great. Thanks. Any other questions? Mrs. Estaris? Ms. Estaris: Yes I understand that there were some presentations. There were Resort Advisory Commission and some subcommittees and also the Resort Investment Committee. Were you present at those meetings? Mr. Korte: Yes, ma'am. I was present at all three. Ms. Estaris: All three, and I understand there were some opposition at those meetings of this project. Can you share some of that opposition as to what were the concerns at that time? Mr. Korte: I mean, maybe I'm always optimistic. I wouldn't characterize anything we felt as opposition. There were certain requests and concerns that were raised. One of the concerns was safety as far as access to the property, and if you look the plan or how the property works, there's only one access point up and that'll be controlled by a key fob, with a video camera that the police will have access to, and then there's three exits counting that, entry exit. There's three ways out. The other two ways out are on the outside, there's no hardware for the doors, so you can only exit out, not in. So that was one concern that was raised. Another concern that was raised was a location kind of a locker type storage area where the residents could store valuables, whether it's a laptop or money or whatever, and there is going to be a lock type area for each resident to have their own private lock space. There was a concern about a lot of times these residents, obviously, there's no parking associated with this plan because they don't bring vehicles with them when they come over, but they use bicycles for transportation, and a concern was where would they store their bicycles? And so you saw that, believe, addressed and item number eight, that we've, that's been modified somewhat and that because the building goes all the way up to the property line, there's no room on site to allow for a bike path or a bike, I'm sorry, a bike rack. So the modification that was requested is that the bike rack be located nearby, you know, wherever the city deems as appropriate. And then the applicant will reimburse the city for the cost of installing that bike rack. I don't recall any other concerns, but I mean if there were some and you know what they are, I'm happy to address them, but I don't recall anything other than that. Ms. Estaris: Okay. So one of the concerns that I had was knowing that a lot of the J-1 applicants as to where they work from that actual location having an appropriate transportation and to have the appropriate space and with the plans of having 86 potential and not having 86 potential bike spaces, how do you see that to be addressed specifically for safety and also that this is also people coming in and we want to make sure they're appropriately provided the housing as well as the transportation to go back and forth to homes --to work and noting also some of these J-1 s are not specifically just an oceanfront, but it could be all the way around to say, Shore Drive. How do you see that transportation issue being addressed? Mr. Korte: Well, the -- I guess principally the transportation issue is, this is centrally located in that area, you know, it's the 25th street block of the Oceanfront, which is centrally located on the businesses that traditionally rely on these workers. If and I'm not challenging you, we didn't contemplate in making this application, workers outside of the Oceanfront area. This was deemed a need for the workers of the Oceanfront area that are finding space, you know, independence or off bird neck, you know, they're far and far away from their locations. So, I would take the position that if there is a J-1 worker on Shore Drive, this might not be the best location for them to house. I think there'd probably be a location that would be more appropriate, closer to that, closer to their place of employment. The idea behind this application is that it's centrally located at the Oceanfront area and you know, easy for a lot of these residents or workers or however you want to characterize them, whether they're residents or workers to get to their location or to get home as a resident and that was the idea there. Ms. Estaris: Well, I've had many conversations in this particular arena, and knowing that we lack housing just in general, I know that by setting this plan, you set the precedence for others to be doing the same thing. So I want to make sure that we are taking those things in consideration in the planning, but again, I don't feel comfortable that if you are having up to 86 people and not having the appropriate space for their actual vehicles or their bikes and you're right, most of them are bikes, but I do, and I'm aware that some J-1s do have cars. So that -- what is the plan for making sure that if it's at full occupancy at 86, how do you see the parking available for those 86 individuals? That's the concern I have. Mr. CKrte: I understand and my response would be if, you know, the need for the J-1 housing is there and there is not parking available on this site. If you look at the survey for the property, it's a zero-foot setback. It goes all the way to the border or to the property line. So if it is a J-1 worker or resident that has a vehicle, this might not be the appropriate location for them. This plan is for -- are designed for workers that are working at the Oceanfront that do not require a vehicle to go to and from their place of employment and it might not be the exact fit for everyone, and we're not trying to make the exact fit for everybody. The need has been identified and to your point, this is the, you know, it's a lot easier to follow someone else doing it versus being the first, but the idea was that this is a starting point that we think or my client thinks, the applicant thinks will satisfy the need for a lot of these, these folks that come over here and are forced to live 10, 15, 20 miles from their place of employment. Ms. Estaris: I agree. I mean, this has been an issue just generally for the City of Virginia Beach in regards to J-1s and ongoing Workforce Development Programs. Again, I'm just concerned with the safety and the security of those who are going to be staying there and when you're saying occupancy is going to be 86, 1 know there's gonna be a wait list of people that will want to, if this is the only location in that area, and you're right, it's very central, but again, am concerned about the safety and the parking issue of their vehicles or their bikes and most of them are bikes and they, I know that when J-1 s leave, they sell their bikes to the next set of groups. So the bike is a thing, but if you only have parking, if you look at the map that was actually provided to us, and then I have the idea that ride of access, I just don't see where the appropriate parking of even just saying bikes and if you have that at full occupancy and how to address that issue or even possible shuttles for taking people back and forth to the workplace. I believe that this is a very important for the way that we present this project, this plan, because others will want to follow through because this is an issue way for many years, and I've been in many discussion groups about this issue, so that's why I am very adamant about making sure that when we set this as a precedent, so we set it correctly from the get-go. Again, I think that we have to take consideration that those who are even weather conditions and how people going back and forth to their workplace, maybe that wasn't a consideration when making this plan, but I think we do need to take that in consideration when we're bringing people in. We're supposed to house them and we want to be respected that we have such a great program. I know that we have reviewed other locations with J-1 s specifically in the tourism sectors in the Southeastern area as far as from North Carolina, Maryland, and looking at other tourism and how they provide appropriate housing. I want to know that when we set this as a very first project for housing, that we're also taking those things in consideration that, oh my gosh, you've got to go to Virginia Beach because they do take care of their people. I want to know that we're taking care of our people that we're bringing here and helping support our tourism sector. So again, my issue is the bicycles and their lack of parking, I feel for 86 people and how we addressing that? Mr. Korte: I guess the security aspect first, and I believe it's addressed in the report, but one of aside from the security cameras and the entry, fob type system, the applicant is going to meet with the police, during the construction process and make sure we get feedback from the police as far as lighting and the different factors that they identify that this property will need to keep these residents safe because that is a top priority of the applicant as well. I mean, this, you know, they're, you know, putting the reputation on the line here as well, and they want this to be a class A project that is, you know, support and that we'd all be proud of. So they've, you know, they've taken the time to address as many of the concerns as they can, that they can think of, but they are seeking input from folks like at the police department that'll meet with them and help them address and get down to a granular level as far as what'll be required. As far as parking of automobiles, this site just is not, it is not suitable for that. I mean, if that is, if there is a resident that has a vehicle, this is not the right site for them. As far as the bike, a number of 40, their understanding or my--the applicant's understanding is that several of the folks they will have bikes, but several walk just based on the proximity of everything. Proximity to the Harris Teeter Grocery Store, proximity to their place of employment, a lot of these, a lot of them do have bikes. If 40 is not the right number and there's a different number, that's the right number. I don't think that'll be a sticking point for the applicant. If the bike rack needs to be larger to suit additional bikes, that's certainly not a sticking point for this applicant. I mean, if they need to have more availability for more bicycles, they'll do that. Mr. Alcaraz: Are you done Ms. Estaris? Ms. Estaris: Yes. Mr. Corte: Thank you. Mr. Alcaraz: Any other questions? Mr. Anderson: I got one question, sir. Mr. Alcaraz: Mr. Anderson. Mr. Anderson: On your layout of the beds, what about the privacy of the students? Is there going to be a temporary wall by the bed? Is it going to be a curtain? I know it's, the details haven't been drawn up yet to that detail, but I'm, you know, looking at their privacy, while they're sleeping, during getting changed, that kind of thing? Mr. Korte: Right now the plan is to have in each room that has, I think, six to eight beds depending on the room. It'll be curtains between the various beds. Mr. Anderson: Okay. We just couldn't see it on this drawing? Mr. Korte: No, absolutely. No. Good question and that's what's contemplated at this point. Mr. Anderson: Okay. Mr. Korte: Thank you. Mr. Alcaraz: Any other questions? I got one for staff. Mr. Mauch. I got a question. Isn't there a four story J-1 at 19th or 20th Mr. Mauch, is there one? Mr. Mauch: To my knowledge that's the 19th Street Hotel, and I believe it's owned by the same applicant. I believe they use that hotel as or have used as similar style, but that would be a question for them hopefully. Mr. Alcaraz: But staff didn't we have a use come in, a use permit for that some time ago? Ms. Estaris: It was hotel though, right? Ms. Alcock: Yeah. We'll have to look into that. Mr. Alcaraz: I think we did right there at 19th and 20th, corner of 19th and 20th. So I'm just saying there's one that's already existed. If I'm, my memory serves me right. I think it's four stories. Okay, Ms. Hippen? Ms. Hippen: Let me go back to the privacy thing. That was the other thing that we talked about quite a bit. So I'm a retired Navy master chief, so I've served on ships. Just keep paying your taxes for my retirement. Thank you. That was the other concern that I had because there's eight beds in all of these rooms except for one, one has six. How do you, you said there's curtains between the beds? Mr. Korte: Yes, ma'am. The design, at this point, the design contemplates there being like pull curtains that'll pardon off or carton off the different beds. Yes, ma'am. Ms. Hippen: Okay. Because what I see is people working different shifts coming and going at different times of the day and night and how that will affect each person's living space? I guess that's the question. Mr. Korte: Well, I would agree that that's a concern and I think that is a concern whether, you know, in my college experience, whether you have two, four or eight people in a single room, you're dealing with folks that are going to have to learn to live together and be courteous and be respectful and I'm, you know, there is a risk for if you have one disruptive person or one person that elects not to be courteous. That's in that room, that could present an issue and that would be an issue that the on staff or on-site manager, I think would have to address if folks aren't being, you know, good courteous roommates. I mean, that's why we have, I characterize it at one of the meetings. It's kind of an RA type situation and it's not going to be a RA, but that's the best, in my head, that's the best comparison I could draw, and that's their role. Their role is to maintain the safety of these residents, but also to help negotiate situations like the one you're describing. Ms. Hippen: Okay, based on the picture, I'm trying to figure out where that staff person will be? Because the picture that we have is kind of hard to see even if I blow it up, where's that picture, where's that person going to be? Mr. Korte: I don't think it's been confirmed, like this plan isn't written in stone as far as the actual layout, I mean, that's something that's still going to be developed and discussions with the city to get the certificate of occupancy and also with the police. As far as how is this, what's the best way to structure this? This was a depiction showing that there could be 86 beds that would still far exceed the square footage requirement as far as per bed under the code. So this is a conceptual plan. Ms. Hippen: Okay. Thank you. Mr. Korte: Yes, ma'am. Mr. Alcaraz: Alright, any other questions for Mr. Corte? Mr. Mauch? Mr. Mauch: I don't think I have a question as much as maybe a comment or two. Mr. Alcaraz: You want to save it for discussions? Mr. Mauch: Yeah, that'd be wonderful. Mr. Alcaraz: Alright, if you can be seated, I'm going to just ask, is there any objections or any virtual, no speakers. Okay. Now we'll close it for discussion. Mr. Mauch. Mr. Mauch: Sure. Thanks. I think, you know, reviewing this and having seen the presentation a couple of times, looking at this specific site, I know that the concerns raised are getting it right and I believe that that is something that we want to make sure we're doing. I do think that every application, if other applications are going to come, are also going to have their own nuances. So I believe that looking at this, this is probably killing two birds with one stone with an appropriate use for the upstairs that typically down there does not get used as well as the downstairs does and housing these J-1 students in a safe manner, you know, with the bicycle racks that are being proposed to add with what the city currently has out. I mean, we can see one right here on this corner and then I know that there's a couple of more right around the on the Ben and Jerry's side over there. You know, even if there were to be the will that we would want to add a few more bike racks or spaces for bikes, you know, I think this is about as appropriate of a use for, you know, helping both issues that this Oceanfront and the hospitality industry has down there. I think that I'm inclined to support this and make sure that we're getting this right for future things too. Mr. Alcaraz: Alright. Thank you. Any other comments? If not, I'd like a motion. Mr. Mauch: I will have a motion to approve. Mr. Alcaraz: I have a motion by Mr. Mauch. Ms. Alcock: Chairman, can I just specify one thing? I think the representative did make a comment about a modification to condition seven to allow bike racks to be installed in the right-of-way. So just if you're amenable to that change, that would need to be part of the motion if you are amending what is recommended in the staff-- Mr. Mauch: Approved with the amended condition as stated. Mr. Alcaraz: With the number. Was there a number? We are good with the number? Mr. Mauch: I'm fine with the number. Mr. Alcaraz: Okay. We're good with the number. Alright. I have a motion with amendment. Do I have a second? Mr. Coston: Second. Mr. Alcaraz: Second by Mr. Coston, is there any abstaining? Anybody abstaining? Mr. Plumlee: I need to abstain from this matter. For the reasons set forth in a letter on file with the city. Mr. Alcaraz: Thank you. Ms. Alcock: The vote is now open. By a vote of 10 to 0 with one abstention, item number eight has been recommended for approval. AYE 10 NAY 0 ABS 0 ABSENT 0 Alcaraz AYE Anderson AYE B ler AYE Clemons AYE Coston AYE Cuellar AYE Estaris AYE Hi en AYE Mauch AYE Parks AYE Plumlee ABS CONDITIONS 1. The interior renovations for the J-1 Visa Dormitory Housing shall be in substantial conformance to the submitted plan, entitled "25th Street SJ1 Student Housing", prepared by T3 Architects, and dated October 19, 2023, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. Any changes to the plan required by the Building Code, Fire Marshal, or any other governing body are acceptable to the extent that they do not result in a greater occupancy than the 86 beds presented in the original plan. 2. The J-1 Visa Dormitory shall be limited to a maximum of 86 occupants. The occupants of this dormitory must also be enrolled in the J-1 Visa Exchange Visitor Program for the extent of time they are inhabiting the dormitory. The dormitory may not be utilized for any other purpose than housing J-1 Visa workers. 3. A lighting plan which indicates LED light fixtures on all exterior walls of the structure must be approved prior to issuance of a Certificate of Occupancy for the J-1 Visa Dormitory Housing use. These LED light fixtures must be always maintained and provide illumination of the exterior of the structure, including all entrances of the building, all fire exits on the building, and the alleyway (25th '/z Street). 4. A means of emergency access shall be provided to the Virginia Beach Police Department for the J-1 Visa Dormitory Housing prior to the issuance of a Certificate of Occupancy for the use. The applicant and/or site manager shall meet any access requirements as determined by the Police Crime Prevention Office. 5. All entryways, lobbies, and fire exits to and from the J-1 Visa Dormitory Housing shall be monitored by a functioning security camera system which the Virginia Beach Police Department can access. A plan indicating the location of these cameras shall be approved prior to the issuance of a Certificate of Occupancy for the J-1 Visa Dormitory Housing Use. 6. A secure. lockable wardrobe, footlocker, or other administratively approved container shall be provided per bed for the occupants of the J-1 Visa Dormitory Housing. 7. A plan which provides bicycle parking for no less than 40 bikes, either in the form of a bicycle rack(s) or other indoor, secured storage area, is required to be approved prior to the issuance of the Certificate of Occupancy for the J-1 Visa Dormitory Housing use. This bicycle parking must may be provided within the limits of private property and Re t or within the right-of-way. COURTYARD BY MARMOTT Courtyard Marriott South/25th Street 2501 Atlantic Avenue,Virginia Beach,Virginia 23451 -yk S 757.491.6222 guest.services(acourtyardsouth.com Marriott.com/ORFOC Operated under a license agreement from Marriott International,Inc. ;55T�' 2-2,2024 City of Virginia Beach Planning and Community Development Department 2875 Sabre Street, Suite 500 Virginia Beach,VA 23452 RE: Alternative Compliance Application Property: 2500 Atlantic Avenue Dear Sir or Madam: As owner of the property located (adjacent/directly across the street/in close proximity to) 2500 Atlantic Avenue, I am writing this correspondence in support of the pending Alternative Compliance Application filed by Sunsations Realty, LLC. The proposed SJ1 Visa Housing is highly needed at the oceanfront, and the proposed location is perfect for that use. Additionally, I am requesting that the Alternative Compliance Application be supported by the Planning Commission and City Council. Thank you for your consideration in this matter. Should you have any questions, please do not hesitate to contact me. Sincerely, virginia beach Resort Advisory Commission February 2, 2024 The Honorable Robert M. "Bobby" Dyer Members of City Council Municipal Center— Building 1 2401 Courthouse Drive Virginia Beach, VA 23456 Subject: Letter of Support for J-1 Alternative Compliance Dormitory Housing Mayor and Members of City Council: The Resort Advisory Commission supports the application for alternative compliance for the construction of J-1 Visa student dormitory style housing located at 2500 Atlantic Avenue. The legal and design professionals overseeing this project for the property owner presented the project details to several committees of the Resort Advisory Commission (RAC) including the full RAC membership during the February 1, 2024, meeting. The RAC membership believes there is demand for this type of housing to support the international students working in the local hospitality industry under the Federal J-1 Visa program and supports the project as presented. Highlights include: - Only used to support housing for the J-1 program. - Capacity for J-1 students for multiple businesses. - Not adversely affect parking. Students use bicycles and other microtransit. - Built-in health and welfare safeguards for the occupants and surrounding community. It is the belief of this Commission that this project should be allowed to proceed to help meet the continuing demand for labor by the local hospitality industry. Please contact me either by phone (757) 335-1233 or email: bi@rockafellers.com should you wish to discuss further or collect additional information. Sincerely, Elizabeth "BY' Baumann Chairperson, Resort Advisory Commission virginia --(; � beach Resort Advisory Commission cc: Patrick Duhaney, City Manager Kathy Warren, Director, Planning Department Nancy Helman, Director, Convention and Visitors Bureau Department Lisa S. Bleakley, Resort Administrator, Resort Management Office 'R10 2S' R_5:D R10 R5D \� B 1 A B1'A R20 R\20 B1AB1A 6,2,loozB101, 2 B2 j ova �GG 0 02 02 02 02 AG1 AG1 — Daolin Dong & Jiayin Wang N 2180 McComas Way, Suite 111 W*E Site s Property_Polygons p Zoning Feet �� Building 0 3060 120 180 240 300 360 •�(.;ia Bfq� CITY OF VI�RGINIA BEACH AGENDA ITEM ITEM: DAOLIN DONG & JIAYIN WANG [Applicant] CHARLES B HAYES & STRAWBRIDGE COMMONS CONDOMINIUM ASSOCIATION [PROPERTY OWNERS] Modification of Proffers to a Conditional Rezoning for the property located at 2180 McComas Way, Suite 111 (GPIN 24049774940111). COUNCIL DISTRICT 5 MEETING DATE: March 19, 2024 ■ Background: The applicant is seeking to amend the proffers associated with the 1993 Conditional Rezoning and 2009 Modification of Proffers, in order to offer music lessons for violins and other string instruments, and general sales and repair of musical instruments, within the existing suite. Additionally, they intend to operate a small cafe on site that will serve coffee, tea, non-alcoholic beverages, and food items. As currently proffered, the only uses permitted on site would be an indoor skate park or those uses that are permitted in both the 0-2 and B-2 Districts. The applicant is intending to modify this proffers, solely for Suite 111 , to allow the uses specified above as well as those uses that are permitted either by-right or through a Conditional Use Permit in both the 0-2 and B-2 Districts. The proposed operation will operate 9:00 am to 5:00 pm, Monday to Friday with two employees proposed. ■ Considerations: In Staff's opinion, the request is acceptable with the proffers submitted by the applicant. This complementary non-residential use will not have an adverse effect on traffic nor will it negatively impact the surrounding areas. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. ■ Recommendation: On February 14, 2024, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 11-0. The applicants are proposing to amend the 2009 Modified Proffers to say: Daolin Dong & Jiayin Wang Page 2 of 2 Proffer 1: Proffer numbered 8 in the 1993 original proffer agreement and proffer numbered 1 in the 2009 Modified Proffer Agreement are hereby amended to read as follows: The B-2 Business District uses available to Unit 111 shall be as follows: i. The retail sale of violins, violin components, and other musical instruments ii. The repair of violins and other musical instruments iii. The provision of violin lessons and other string instruments iv. The sale to customers of tea, coffee, and nonalcoholic drinks and food items V. Uses permitted and conditioned in 0-2 Office District Zoning, which are also uses permitted and conditioned in the B-2 District. Proffer 2: Except as modified, herein, with respect to the Property, all of the proffers, covenants, restrictions and conditions set forth in the Original 1993 Proffers (Deed Book 3297 Page 65) and amended 2009 Proffers (Recorded Instrument # 20090313000264880) are ratified, affirmed and remain binding upon the Property and upon any party holding title under, by or through, the Grantor. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Proffer Agreement Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department ctk4� City Manager:f P PropertyApplicants Daolin Dong & Jiayin Wang Agenda Item • • •e Commons Condominium Association ' 0111"1 • • • • - • 1 Virginia Beach City Council District 5 Request Modification of Proffers Staff Recommendation Approval Staff Planner Michaela McKinney �o m Location F 2180 McComas Way, Suite 111 A f GPIN ONY- 24049774940111 P Site Size ��fHs 1,568 square feet Cr AICUZ 65-70 dB DNL; Sub-Area 2 Watershed / Southern Rivers Existing Land Use and Zoning District Office Space/B-2 Community Business Surrounding Land Uses and Zoning Districts North Elementary School/ R-20 Residential , t = , South `; t,_ P McComas Way Office Space, cultivated field/0-2 Office East Office Space/B-1A Limited Community E..t Business West Recreation Center/R-20 Residential NIMMOPKWYf _. Daolin Dong&Jiayin Wang Agenda Item 10 Page 1 Background SummaryofProposal • The applicants are requesting a Modification of Proffers to amend proffers associated with a 1993 Conditional Rezoning and 2009 Modification of Proffers on this site. Per the current proffers,the only uses allowed on this property must be permitted in both the 0-2 Office District and B-2 Community Business district. • The applicants are requesting to modify Proffer 8 in the 1993 Proffers and Proffer 1 in the 2009 Proffers to allow retail sales that are limited to violin and other musical instrument operations, and eating and drinking establishments occupying no more than 10%of the floor area. • This parcel was rezoned from 0-2 Office District to B-2 Community Business in 1993. The proffers associated with the 1993 rezoning were subsequently amended in 2009 to allow for an Indoor Commercial Recreation Facility-Skate Park to be developed. More specifically, Proffer 1 below replaced Proffer 8 from the 1993 Conditional Rezoning. o Proffer 1:The only B-2 Business District use available to this site shall be for an indoor skate park.All the uses for the property shall be limited to those uses allowed in 0-2 Office District,which are also uses permitted in the B-2 District. • The applicants are proposing to amend the 2009 Modified Proffers to say: o Proffer 1: Proffer numbered 8 in the 1993 original proffer agreement and proffer numbered 1 in the 2009 Modified Proffer Agreement are hereby amended to read as follows: The B-2 Business District uses available to Unit 111 shall be as follows: i. The retail sale of violins,violin components, and other musical instruments ii. The repair of violins and other musical instruments iii. The provision of violin lessons and other string instruments iv. The sale to customers of tea, coffee and nonalcoholic drinks and food items V. Uses permitted and conditioned in 0-2 Office District Zoning, which are also uses permitted and conditioned in the B-2 District. o Proffer 2: Except as modified, herein, with respect to the Property, all of the proffers, covenants, restrictions and conditions set forth in the Original 1993 Proffers(Deed Book 3297 Page 65) and amended 2009 Proffers(Recorded Instrument#20090313000264880) are ratified, affirmed and remain binding upon the Property and upon any party holding title under, by or through,the Grantor. • The Modification of Proffers is limited to Unit 111. • The applicants intend to offer music lessons for violins and other string instruments, general sales and repair of musical instruments. In addition,they intend to operate a cafe that will serve only coffee,tea, non-alcoholic beverages, and food items that will be prepared onsite. • Typical hours of operation are 9:00 am to 5:00 p.m., Monday to Friday, with a total of two employees proposed. • With the exception of signage, there are no other planned improvements to be done onsite. Daolin Dong&Jiayin Wang Agenda Item 10 Page 2 Zoning History # Request R20 R20 BA B'" 1 MDC Approved 07/03/2012 MDC Approved 01/28/2006 l MDP Approved 08/14/2001 CUP(Communication Tower)Approved 08/14/2001 CRZ(02 to 61A)Approved 12/07/1999 2 CUP(Indoor Recreational Facility)Approved 03/10/2009 ox ox j w ` CUP(Church)Approved 10/09/2007 oz oz (.�, MDP Approved 03/10/2009 I � y 3 CRZ(0-2 to Conditional 0-2)Approved 03/14/2000 4 CRZ(0-2 to Conditional A-12)Approved 11/12/1997 MMMO PKWY R20 Application Types CUP-Conditional Use Permit MDC-Modification of Conditions STC-Street Closure SVR-Subdivision Variance REZ-Rezoning MDP-Modification of Proffers FVR-FloodplainVariance LUP-Land Use Plan CRZ-Conditional Rezoning NON-Nonconforming Use ALT-Alternative Compliance STR-Short Term Rental Evaluation . Recommendation In Staff's opinion,the request is acceptable with the proffers submitted by the applicant.The request is consistent with the Comprehensive Plan's policies and land use goals for the suburban area as the addition of retail sales to this area will enhance the existing businesses.This complementary non-residential use will not cause an adverse effect on traffic related to the office center and will not negatively impact the surrounding areas. Based on these considerations,Staff is recommending approval of this request subject to the proffers listed below. The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement(CZA).The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. Proffer 1: Proffer numbered 8 in the 1993 original proffer agreement and proffer numbered 1 in the 2009 Modified Proffer Agreement are hereby amended to read as follows: The B-2 Business District uses available to Unit 111 shall be as follows: i. The retail sale of violin,violin components, and other musical instruments ii. The repair of violins and other musical instruments iii. The provision of violin lessons and other string instruments iv. The sale to customers of tea, coffee and nonalcoholic drinks and food items V. Uses permitted and conditioned in 0-2 Office District Zoning, which are also uses permitted and conditioned in the B-2 District. Daolin Dong&Jiayin Wang Agenda Item 10 Page 3 Proffer 2: Except as modified, herein, with respect to the Property, all of the proffers, covenants, restrictions and conditions set forth in the Original 1993 Proffers (Deed Book 3297 Page 65) and amended 2009 Proffers (Recorded Instrument# 20090313000264880) are ratified, affirmed and remain binding upon the Property and upon any party holding title under, by or through, the Grantor. Staff Comments: Staff has reviewed the Proffers listed above and finds them acceptable. The City Attorney's Office has reviewed the agreement and found it to be legally sufficient and in acceptable legal form. Comprehensive Plan Recommendations This property is located within the Suburban Area of the city, as designated by the Comprehensive Plan. Guiding principles have been established in the Comprehensive Plan to protect the stability of the Suburban Area and to provide a framework for neighborhoods and places that are visually interesting and that provide memorable character.The Plan's primary guiding principle is to create "Great Neighborhoods," and to support those neighborhoods with complementary non-residential uses in such a way that the stability of the Suburban Area is maintained. Natural & Cultural Resources Impacts The site is located in the Southern Rivers Watershed. Drainage in the Southern Rivers watershed is highly impacted by the presence of high ground water, poorly draining soils, and high water surface elevations in downstream receiving waters.There does not appear to be any significant natural or cultural resources associated with the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic McComas Way ADT' 8,700 ADT t(LOS°"D") Existing Land Use Z-1,210 ADT Proposed Land Use 3-1,210 ADT Average Daily Trips Z as defined by a lane local 3 No information available in the a LOS=Level of Service street ITE Trip Generation Manual for eventvenues Master Transportation Plan (MTP) and Capital Improvement Program (CIP) McComas Way in the vicinity of this application is a two-lane local street. Public Utility Impacts Sewer & Water This site is connected to City sanitary sewer and City water. Daolin Dong &Jiayin Wang Agenda Item 10 Page 4 Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on January 15, 2024. • As required by State Code,this item was advertised in the Virginian-Pilot on Wednesdays,January 31, 2024 and February 7, 2024. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on January 29, 2024. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of www.virginiabeach.gov/pc on February 8, 2024. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Tuesdays, March 5, 2024 and March 12, 2024. • As required by City Code, the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on March 4, 2024. • The City Clerk's Office posted the materials associated with the application on the City Council website of https://clerk.virginiabeach.gov/city-council on March 15, 2024. Daolin Dong &Jiayin Wang Agenda Item 10 Page 5 Proposed Site Layout jPra. d S e w s ' S� r ,4 t ! , v -V NtMMO PKWY t Daolin Dong &Jiayin Wang Agenda Item 10 Page 6 Fi Wq&+Y :'331i F+ 4 Site Photos , -4 ' CORNERSTONE RB 1: C4JpCN ®cO 1E77 TIDEWATM pUN9MON - i ENOOOONMS GPSTONEISG .`��",'. ; n u' cif r• '`. y :.` '>ar �''�l> Daolin Dong &Jiayin Wang Agenda Item 10 Page 8 Disclosure Disclosure Statement rrs1 cf tti�;�<<m Fnr;� Planning&Communih, Development The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board,commission or other body. Applicant Disclosure -� Applicant Name [)A Q L tN DO KJ G AM> wW Y 1 N *&W& Does the applicant have a representative? 1 Yes ❑No • If yes,list the name of the representative. Kr,-vi N N1,,._1J�- - Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? ❑Yes D No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) "Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. 2"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(1)one business entity has a controlling ownership interest in the other business entity,(11)a controlling owner in one entity is also a controlling owner in the other entity,or(ill)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.2020 11 P a g e Daolin Dong &Jiayin Wang Agenda Item 10 Page 9 Disclosure Disclosure Statement Planning, Cornmtin?t_y T)e�r°f]fs��n�f�zit Known Interest by Public Official or Employ Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes ❑No • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-col lateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑Yes ❑No • If yes,identify the financial institutions providing the service. 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes ❑'No • if yes,identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes ❑NO • If yes,identify the firm and individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes ❑NO • If yes,identify the firm and individual providing the service. S. Is there any other pending or proposed purchaser of the subject property?❑Yes NO • If yes,identify the purchaser and purchaser's service providers. 2 � Daolin Dong&Jiayin Wang Agenda Item 10 Page 10 Disclosure Disclosure Statement Planning&Community Development 6. Does the applicant have a construction cont racttQr in connection with the subject of the application or any business operating or to be operated on the property?❑Yes L`1d NO • If yes,identify the company and individual providing the service. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?❑Yes 0 No • If yes,identify the firm and individual providing the service. 8. Is the applicant receiving legal sfrvices 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. ttiN �"� 132uNSG1� ATT02Nry, 'PC-. Applicant SI ng ature 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. tj Applicant Signature Print Name and Title ao/ t)o jn t n y ��yih 1) (/U�a Date `/I �� LI Is the applic El so the owner of the subject property? Yes No • If yes,you do not need to fill out the owner disclosure statement. that pertains to the applications ® E No chen•is as of osa 03/04/2024 sttr.wr. T>. Pd"t"0"0 1 Michaela D.McKinney Revised 11.09.2020 3 1 i'a g e Daolin Dong &Jiayin Wang Agenda Item 10 Page 11 Disclosure Disclosure Statement Planning&Commu; Development y. Owner Disclosures /�^+ Owner Name `-l ANA60 RIDGE C-6MAW-5 Cc MbOMI&AIJA AS5Ck.kl&I Applicant Name Ahab LI fJ DGNl G hND 711A Yt t t WAUG, Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business?❑`Yes ❑ No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) JOK_D,% J REISEKM1ws - pp-E.S IDS Nit STr.VE CWRi%-r(WE - \/I,C.E. ,PaeStOr=lJT CA(wume Ntso aR©uGa - SaceE i/tee( Atip 12�'�S�12Ee • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity°relationship with the Owner. (Attach a list if necessary) Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes ;�i No • If yes,what is the name of the official or employee and what is the nature of the interest? "Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. "Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.2020 5 1 P a g e Daolin Dong &Jiayin Wang Agenda Item 10 Page 12 Disclosure Disclosure Statement Vi4 Planning&Cormnunity Development Owner Services Disclosure 1. Does the Owner have any existing financing(mortgage,deeds of trust,crass-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑Yes §4 No • If yes,identify the financial institutions providing the service. 2. Does the Owner have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes 51 No • If yes,identify the company and individual providing the service. 3. Does the Owner have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes KNO • If yes,identify the firm and Individual providing the service, 4. Does the Owner have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes R No • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?❑Yes CTNo • If yes,identify the purchaser and purchaser's service providers. 6. Does the owner have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?❑Yes R,No • If yes,identify the company,and individual providing the service. 7, Does the Owner have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?❑Yes pm No • If yes,identify the firm and individual providing the service. 6lpage Daolin Dong&Jiayin Wang Agenda Item 10 Page 13 Disclosure Disclosure Statement . Planning&Community Development 8. Is the Owner receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?❑Yes 5i No • If yes,identify the firm and individual providing legal the service. Owner Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the Information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. er ' nature t M S �R-ES tT` Print Name and Title i1 I3vI2� Date � I Daolin Dong&Jiayin Wang Agenda Item 10 Page 14 Disclosure 757-965-3146 10:12:47a,m, 01-25-2024 2!7 h Owner Disclosure Owner Name �t` M LIE S �kk,>�S Applicant Name-ClA,Oi_I N 1) �N� J 4/�Yit l VAW 6 Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business?❑Yes Rg NO • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list If necessary) • If yes,list the businesses that have a parent-subsidlaryr or affiliated business entity"relationship with the Owner. (Attach a list If necessary) Known Interest by Public Officlal or Employee Does an official or employee of the City of Virginia Beach have an Interest in the subject land or any proposed development contingent on the subject public action?❑Yes %No • If yes,what Is the name of the official or employee and what is the nature of the interest? '"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or Indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and local Government Conflict of Interests Act,VA.Code§2.2-3101. "Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(1)one !'`i4486fri[�Wh13P5r?6Rr'biflfl�l"@dt11�J,1Sfr(fRl'f1S@f@5>SR'�t@d'iti8fih@tRLMf 2Atlfl@flitrkCamftt should be considered In determining the existence of an affiliated business entity relatlonship 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 an a regular basis;or there Is otherwise a close working relationship between the entitles." See State and Local Government Conflict of Interests Act,Va. Code§2,2-3101. Revised31.09,202+' 5 1 P a g e Daolin Dong &Jiayin Wang Agenda Item 10 Page 15 Disclosure 757-965-3146 10:14:26a.m. 01-25-2024 317 i $ear. Owner Services Disclosure 1. Does the Owner have any existing financing imortgage,deeds of trust,cross-collateralisatlon,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? I5 Yes ❑No �T• If yes,Identify the financial Institutions providing the service. 1N"I IS A CQep fi• Lw LOAN W f Tt� tj SiEcliyEp W A pail CF TRH C'MhIM JS MCTTtti;` 6&ADWEIRL6P4TkkTWiO, C.WMJ71z (QCRi1-FD n+F- P(2&rRT1' 2. Does the Owner have areal estate broker/agent/reakor for current and anticipated future sales of the subject property? [ Yes ❑No • If yes,Identify the company and individual providing the service. CREotERiC CPIAKERQ4'RCAL�5 Tr — ;aN E I. i6TT 3. Does the Owner have services for accounting and/or preparation of tax returns provided In connection with the subject of the application or any business operating or to be operated on the property?❑Yes M No • ffys,identify the Vrrn and individual providing the service. 4. Does the Owner have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes ;,No • If yes,identify the firm and Individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?❑Yes RA No • If yes,Identify the purchaser and purchaser's service providers. 6. Does the Owner have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?❑Yes 25 No • If yes,Identify the company and individual providing the service. 7. Does the Owner have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?ci Yes ,®No • If yes,Identify the firm and individual providing the service. Revised 11,09.2020 6 1 P a g e Daolin Dong&Jiayin Wang Agenda Item 10 Page 16 Disclosure 757-9aS-91i6 10.16,09sm. 01-25-202A E & b th•Owrww vw***$Wd wmm kn wnmdiw*ft wb*l or ow•pl llc 11 or Bey basin•-opt a to be opa•tad on fha p owty?0 Yet No • YMrR 1'dta tkm ant htdlvidusd proNdits tetra!tM aatvke_ �Qr Slm•t�nt 1 MWV*A ai of tM Nda f*ftn=nUWW In thb tale JM"R#*MM t fate is COVOWS.tree.atd OMMBW I tMdaat•td tl+rt, upon modpt of nodti*R*tfwt dw appbntwn has bean sd*dL&d for pubik hu f.i ote wp mwr tw•pf•-, *0 pr, id 4,11 A twoweabpd-tofu 4*4oIf+i—hwCw-b*4CtvCvM4vM%C ftw*tlrlttdaDow -mypubkbo*oro•a It' bi=wwcMwwfib"*"#ft w Ownbr; e F*A no aid naa DIU* Wa !{cvr'sed31.ix9.1tt20 q€ �. �, Daolin Dong &Jiayin Wang Agenda Item 10 Page 17 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. Daolin Dong &Jiayin Wang Agenda Item 10 Page 18 FIRST AMENDMENT TO PROFFERED COVENANTS,RESTRICTIONS AND CONDMONS STRAWBRIDGE COMMONS CONDOMINIUM ASSOCIATION,INC. CHARLES B.HAYES TO(PROFFERED COVENANTS,RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH,a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 23rd day of January, 2024, by and between STRAWBRIDGE COMMONS CONDOMINIUM ASSOCIATION, INC. and CHARLES B. HAYES, Grantors; and THE CITY OF VIRGINIA BEACH,a municipal corporation of the Commonwealth of Virginia, Grantee. WITNESSETH. WHEREAS, the Grantor Strawbridge Commons Condominium Association, Inc. is the owner of the land and common elements and Grantor Charles B. Hayes is the owner of the structure comprising Unit I I I within that business condominium located in the City of Virginia Beach,Virginia,as described in Exhibit"A"attached hereto and incorporated herein by reference, which is referred to herein as the"Property';and WHEREAS, Grantors' predecessor in title and Grantee are parties to a previous Proffer Agreement dated September 27, 1993 recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia (the "Clerk's Office") in Deed Book 3297 at Page 65 (the "Proffer Agreement")and to a Modified Proffer Agreement dazed January 28, 20029 recorded in the Clerk's Office as Instrument Number 20090313000264880 (the 2009 Modified Proffers) in connection with and as a condition of the rezoning of the Property described on Exhibit A attached hereto from 0-2 Office District to conditional B-2 Business District; and WHEREAS, the Grantors have initiated a modification to a conditional amendment to the Zoning Map of the City of Virginia Beach, by petition addressed to the Grantee so as to modify conditions to the Zoning Classification of the Property;and WHEREAS, the Grantors have requested Grantee to permit this modification of the previously proffered 2009 Modified Proffers to reflect amendments applicable to the land use plan on the Property;and GPIN: 2404-97-7494-0111 Prepared by. Kevin M.Brunick,Esq.(VSB#18826) 2101 Parks Avenue,Suite 500 Virginia Beach,VA 23451 1 WHEREAS, it is the intent of the Grantors that the proffered covenant, restriction and condition contained herein shall modify Proffer numbered 8 in the 1993 original proffer agreement and proffer numbered 1 in the 2009 Modified Proffer Agreement;and WHEREAS,the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantors acknowledge that competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to cope with the situation to which the Grantors' proposed modification of conditions to the zoning gives rise;and WHEREAS,the Grantors have voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee,as a part of the proposed modification to the existing zoning conditions with respect to the Property,the following reasonable conditions related to the physical development,operation,and use of the Property to be adopted,which conditions have a reasonable relation to the proposed modification and the need for which is generated by the proposed modification. NOW, THEREFORE, the Grantors, their successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or iqu dpro -quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes the following amendment to the Covenants, Conditions and Restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors,personal representatives,assigns, grantees, and other successors in interest or title: 1. Proffer numbered 8 in the 1993 original proffer agreement and proffer numbered 1 in the 2009 Modified Proffer Agreement are hereby amended to read as follows: The B-2 Business District uses available to Unit 111 shall be as follows: (i)The retail sale of violins,violin components and other musical instruments; (ii)The repair of violins and other musical instruments; (iii)The provision of violin lessons and lessons involving other musical instruments; (iv)The sale to customers of the violin shop of coffee,tea, other non-alcoholic drinks and 2 food items. (v)Uses permitted and conditioned in the 0-2 Office District Zoning, which are also uses permitted and conditioned in the B-2 District. 2. Except as modified herein,with respect to the Property, all of the proffers,covenants, restrictions and conditions set forth in the Original 1993 Proffers (Deed Book 3297 Page 65) and amended 2009 Proffers (Recorded Instrument # 20090313000264880) are ratified, affirmed and remain binding upon the Property and upon any party holding title under,by or through the Grantor.. The above conditions, having been proffered, ratified and affirmed by the Grantors and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia,and executed by the record owner of the Property at the time.of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded,said instrument shall be void. The Grantors covenants and agree that: (1) The Zoning Administrator of the City of Virginia Beach,Virginia,shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach,Virginia,to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order,in writing,that any noncompliance with such conditions be remedied; and (b)to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement,damages, or other appropriate action,suit,or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions,the Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court; and 3 (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department,and they shall be recorded in the Clerk's Office of the Circuit Court ofthe City of Virginia Beach,Virginia,and indexed in the names ofthe Grantors and the Grantee. WITNESS the following signature and seal: Grantor: STRAWBRIDGE COMMONS CONDOMINIUM ASSOCIATION, INC. By: C�— ILA Jor Heijermans, sident STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of J&K✓0J _ 2024, by Jordan Heijermans, in his capacity as President of the Strawbridge Commons Condominium Association, Inc, Grantor. Notary Public My Commission Expires: �tf-�'�lr;�� Notary Registration Number: r1`�S 17�15 a N MICHAEL BRUN!CKNOTARY PUBLICSTRATION#7981795NWEALTH OF VIRGINIASION EXPIRES JUNE 30,2026 4 Grantor: (�ha�k {.) A� - Charles B.Hayes STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit _ The foregoing instrument was acknowledged before me this f day of J a n u a r y 2024, by Charles B. Hayes,Grantor. 4NoPublic My Commission Expires: . Notary Registration NumbW ff Q/7� KEVIN MICHAEL BRUNICK NOTARY PUBLIC REGISTRATION#7981795 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES JUNE 30,2026 5 EXHIBIT A LEGAL DESCRIPTION All that certain condominium being known, numbered and designated as Unit No. 111 in the commercial condominium known as"Strawbridge Commons Condominium", located in the City of Virginia Beach, Virginia, designated and described in the Declaration made by Williams Mullen, establishing a plan for condominium ownership of that building and the land on which it is created (to which Declaration reference is hereby made for a more particular description thereof), and which Declaration is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia as Instrument No. 200700075289, and the amendments thereto recorded as Instrument Nos. 201200081456 and 201500013712,together with the undivided interest in the common areas and facilities described therein to be appurtenant to said Unit. Reference is hereby made to Map Book 240, at Page 22 and to Instrument No. 201500013711 for a more particular description of said property. Virginia Beach Planning Commission February 14, 2024, Public Meeting Agenda Item # 10 Daoling Dong & Jiayin Wang RECOMMENDED FOR APPROVAL — CONSENT Ms. Cuellar: Thank you very much. Our next item is item number 10, a modification of proffers. The applicants are Daolin Dong and Jiayin Wang, would you please come forward? Welcome. Could you please state your name for the record? Ms. Wang: My name is Jiayin Wang. Mr. Dong: My name is Daolin Dong. Ms. Cuellar: And are the conditions acceptable to you? Mr. Dong: Yes. Ms. Wang: Yes. Ms. Cuellar: Thank you very much. Is there any opposition to this item being placed on the consent agenda? Hearing none. I've asked Commissioner Parks to read this item into the record. Mr. Parks: Thank you. The applicants are requesting a modification of proffers to amend proffers associated with the 1993 conditional rezoning and 2009 modification of proffers on this site. Per the current proffers, the only use allowed on this property must be permitted in both the 0-2 Office District and B-2 Community Business District. The applicants intend to offer music lessons for violins and other string instruments, general sales and repairs of musical instruments. In addition, they intend to operate a small cafe that will serve only coffee and tea, non-alcoholic beverages and food items that will be prepared on site, hearing no objections and having favorable staff approval. We've recommended this for the consent agenda. Ms. Cuellar: Thank you very much. Mr. Chairman that was the last item on the consent agenda, the Planning Commission places the following applications on the consent agenda, items number 2, 3, 4, 6, 7, 9, 10, 11 and 12. Mr. Alcaraz: Alright, do I have a motion to approve this for consent? Ms. Cuellar: I move that these items be approved by consent. Ms. Hippen: So moved. Mr. Alcaraz: I have a motion from Ms. Cuellar and Ms. Hippen second it. Ms. Alcock: The vote is now open. Ms. Byler can I have your verbal really quickly? Ms. Byler: Oh, never mind, went through. Thank you. Ms. Alcock: By vote of 11 to 0 items number 2, 3, 4, 6, 7, 9, 10, 11 and 12 have been recommended for approval. AYE 11 NAY 0 ABS 0 ABSENT 0 Alcaraz AYE Anderson AYE B ler AYE Clemons AYE Coston AYE Cuellar AYE Estaris AYE Hippen AYE Mauch AYE Parks AYE Plumlee AYE PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. Proffer 1: Proffer numbered 8 in the 1993 original proffer agreement and proffer numbered 1 in the 2009 Modified Proffer Agreement are hereby amended to read as follows: The B-2 Business District uses available to Unit 111 shall be as follows: i. The retail sale of violin, violin components, and other musical instruments ii. The repair of violins and other musical instruments iii. The provision of violin lessons and other string instruments iv. The sale to customers of tea, coffee and nonalcoholic drinks and food items V. Uses permitted and conditioned in 0-2 Office District Zoning, which are also uses permitted and conditioned in the B-2 District. Proffer 2: Except as modified, herein, with respect to the Property, all of the proffers, covenants, restrictions and conditions set forth in the Original 1993 Proffers (Deed Book 3297 Page 65) and amended 2009 Proffers (Recorded Instrument # 20090313000264880) are ratified, affirmed and remain binding upon the Property and upon any party holding title under, by or through, the Grantor. �9 [B• � r r ;; �, a �, •= .• 3`a MINE i .l�is9OAF 055 1 , • , . wyl e� e • V ♦ t ilk . s � r � •b p • • 1 p O �,•,@�i / �f ri�� t•�^�� a �`14�, "+`i ::\��'� , 1 IG11 •11 •11 11 11 :11 u 1' 'a CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: VIRGINIA WESLEYAN UNIVERSITY [Applicant & Property Owner] Conditional Use Permit (Museum) for the property located at 5817 Wesleyan Drive (GPIN 1468032646). COUNCIL DISTRICT 4 MEETING DATE: March 19, 2024 ■ Background: The applicant is requesting a Conditional Use Permit to construct a Museum (Virginia Museum of Cultural Arts (VMOCA)), on the Virginia Wesleyan University campus between the Susan S. Goode Performing Arts Center and the President's House. The proposed two-story building will be approximately 36,000 square feet with a building height not to exceed 41 feet. The VMOCA building will include a gallery, educational, office, security, and event/gathering spaces. Outdoor educational and fundraising events with food and beverage services are proposed to include community days, live music, and film events. Up to eight special events per year are proposed. Proposed hours of operation will be 7:00 a.m. to 5:30 p.m., Monday through Friday, and 10:00 a.m. to 4:00 p.m., Saturday through Sunday. Other special events, as described above, will vary between the hours of 8:00 a.m. and 11:00 p.m., Monday through Sunday. Required parking is met on site to accommodate both the performing arts center and the museum with satellite parking provided on campus for larger fundraising events. ■ Considerations: The proposed museum is an appropriate use on this property and will further enhance the campus's existing character, providing educational and cultural activity opportunities for students, nearby neighborhoods, and the general public. A deviation to the building height was requested by the applicant, as the maximum building height in the R-15 Residential District is 35 feet. Overall, the height will not be detrimental to surrounding properties, as it is setback significantly from the public right-of-way and will be further buffered by existing vegetation on site. Planning Commission concurred with Staff's recommendation to support the deviation request. The proposal is consistent with the existing campus development and compatible with nearby residential uses. 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 14, 2024, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 11-0. Virginia Wesleyan University Page 2 of 3 1. When the site is developed, it shall be in substantial conformance with the submitted Conceptual Site Plan exhibit entitled "VMOCA at Virginia Wesleyan University, SHEET L1.0 — Landscape Site Plan", prepared by TYMOFF+MOSS Architects, dated 02/02/2024 which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 2. A Landscape Plan shall be submitted at the time of final site plan review reflective of the location and plant material depicted on Conceptual Landscape Plans entitled "VMOCA at Virginia Wesleyan University, SHEET L2.0 — Landscape Plan" & "VMOCA at Virginia Wesleyan University, SHEET L4.0 — Planting Plan - Building", prepared by TYMOFF+MOSS Architects, dated 02/02/2024 which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 3. The exterior of the proposed building shall substantially adhere in appearance, size, color, and materials to the elevations depicted on pages 10 & 11 of this report, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. The maximum building height shall not exceed 41 feet in height. 4. All on-site signage shall meet the requirements and regulations of the Zoning Ordinance, unless otherwise approved by the Board of Zoning Appeals. A separate permit from the Department of Planning and Community Development is required for all signage installed on the site. 5. The sign package to include all proposed signage associated with the museum shall be submitted to the Planning Director for review and approval prior to the issuance of a sign permit. 6. The applicant shall obtain all necessary permits and inspections from the Department of Planning & Community Development Permits and Inspections Division, the Health Department, and the Fire Department. The applicant shall obtain a Certificate of Occupancy from the Building Official's Office prior to commencing operation. 7. The maximum number of individuals within the facility shall not exceed the maximum number as required by applicable building codes, noted on the Certificate of Occupancy, and posted by the Fire Marshal. 8. 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. 9. The Virginia Museum of Cultural Arts (VMOCA) may be permitted to have up to eight (8) Special Events per calendar year. Virginia Wesleyan University Page 3 of 3 10. Prior to each Special Event, the applicant shall contact the Special Events Office and all appropriate City agencies as required including the Fire Marshal Bureau, Police Department, Commissioner of Revenue, Department of Planning and Community Development - Zoning Division, and the Health Department. 11. All Special Events associated with the Virginia Museum of Contemporary Art (VMOCA) shall cease operation by 11:00 p.m. 12. During Special Events, no less than one trash receptacle per 1,000 square feet of area shall be provided. All trash receptacles shall be emptied regularly so as not to overflow, and litter and debris shall not be allowed to accumulate. ■ 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 De artment c,t� City Manager: Applicant& Property Owner Virginia Wesleyan University Agenda Item Planning Commission Public . • CouncilCity , Virginia Beach Request Conditional Use Permit (Museum) Staff Recommendation Z Approval o MERNE��N Staff Planner Marchelle Coleman 05 oil KrS`f"Alv oR Location �BERt MOOPE K� 5817 Wesleyan Drive �'�1 G P I N 1468032646 OPKEa° Site Size 227 acres 4< �`� c A I C U Z `Fy °NH,F4 Less than 65 dB DNL Watershed Chesapeake Bay Existing Land Use and Zoning District University/ R-15 Residential ` 't'�" ,► : K ' w � la ,FaEN o Surrounding Land Uses and Zoning Districts ` ,' otIF } yob '" North Wesleyan Drive p ° Multi-family dwellings/A-24 Apartment South 1► w' i eC� City of Norfolk East � �:� ,✓� ` � ��z . �;'� �;�,e� Baker Road "` Multi-family dwellings, church, retail /A-12 Apartment A-18 Apartment R-10 Residential ep B-2 Community Business Y •.„, ; s West City of Norfolk Virginia Wesleyan University Agenda Item 4 Page 1 Background SummaryofProposal • The applicant is requesting a Conditional Use Permit to construct a Museum on a portion of this 227-acre R-15 Residential District zoned parcel,which is the home of Virginia Wesleyan University. • The museum,Virginia Museum of Cultural Arts(VMOCA), will be constructed on the western portion of the site between the Susan S. Goode Performing Arts Center and the President's House along the main campus road (Smith Drive). • The proposed two-story building will have a total floor area of approximately 36,000 square feet with a building height not to exceed 41 feet. Deviation to exceed the maximum building height of 35 feet on property zoned R-15 Residential is requested. • As depicted on the submitted building elevations,the fagade will have a neutral color palette with brick veneer, precast concrete wall panels, metal panels, a glazed storefront, and glass. • The VMOCA building will include gallery and education spaces,offices,event and gathering spaces, as well as spaces for security. • In addition to the daily operations of the museum,outdoor educational and fundraising events with food and beverage services are proposed to include community days, live music, and film events. Up to eight events per year are proposed. • Events will be connected to the other exhibitions on-site to encourage attendees to view and tour the galleries,thus enhancing the public's access to art. • The typical hours of operation for the museum will be 7:00 a.m. to 5:30 p.m., Monday through Friday, and 10:00 a.m.to 4:00 p.m.,Saturday through Sunday. Other special events,as described above,will vary between the hours of 8:00 a.m. and 11:00 p.m., Monday through Sunday. • 161 parking spaces are required for both the performing arts center and the proposed museum.The Conceptual Site Plan depicts 166 parking spaces, exceeding the parking requirement by five spaces. • At this time,the applicant does not have a prepared sign package for the museum.All signage, however,will be required to meet the requirements of the Zoning Ordinance and will be subject to the review and approval of the Planning Director to ensure that all signage is complementary to the building and the general area, as noted in conditions 4&5. Virginia Wesleyan University Agenda Item 4 Page 2 Zoning History # Request A2 1 MDC(Communication Tower)Approved 06/21/2022 A24 - 2 CRZ(R-15 to Conditional A-24)Approved 09/05/2017 -s 3 STC Approved 05/27/2014 MDC(Religious Use)Approved 05/27/2014 CUP(Church Addition)Approved 05/25/1993 R, CUP(Religious Use)Approved 05/21/1973 4 CRZ(B-2 to Conditional A-18)Approved 07/02/2013 A CUP(Religious Use)Approved 06/23/2009 A CUP(Church Addition)Approved 05/25/1993 A 16� 78 A Tq 11 5 CUP(Communication Tower)Approved 08/12/2008 A taa e CUP(Student Dormitories)Approved 02/27/2007 12 2 6 MDC Approved 08/28/2001 CUP(Religious Use)Approved 12/16/1997 A,zF..•..> 11— SVR Approved 04/27/1999 1 CUP(Private School)Approved 02/22/1994 Application Types CUP—Conditional Use Permit MDC—Modification of Conditions STC—Street Closure SVR—Subdivision Variance REZ—Rezoning MDP—Modification of Proffers FVR—FloodplainVariance LUP—Land Use Plan CRZ—Conditional Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental Evaluation . Recommendation This request, for a Conditional Use Permit for a Museum is, in Staff's opinion, acceptable. The location of the proposed museum is logical in terms of the overall layout of the university campus and will not be highly visible from adjacent properties to the east, west, and south, as adequate screening is provided. While the building will be visible to the north along Wesleyan Drive, it is well over 850 feet away from the public right-of-way. The proposed building will be constructed with high quality materials and the design is compatible with other structures on the Virginia Wesleyan University campus. In Staff's opinion, a museum is an appropriate use and will further enhance the campus's existing character, providing educational and cultural activity opportunities for students, nearby neighborhoods, and the general public to explore and view contemporary art from diverse perspectives. Furthermore, the proposed walkways throughout the site coupled with the proposed landscaping promotes connectivity and the environmental stewardship framework of the Comprehensive Plan. As stated previously, parking can easily be accommodated on site for both the Susan S. Goode Performing Arts Center and VMOCA. For larger VMOCA fundraising and cultural events, overflow parking will be provided by way of satellite parking on the Virginia Wesleyan University campus. Walking instructions to the museum from the designated satellite parking locations, as well as shuttle services will be provided to accommodate guests. The fundraising events proposed help ensure the continued success of the facility and the sustained opportunity to provide cultural opportunities to both residents and visitors to Virginia Beach. As the proposal is consistent with the existing campus development and compatible with nearby residential uses, Staff recommends approval with the conditions listed below. Recommended Conditions 1. When the site is developed, it shall be in substantial conformance with the submitted Conceptual Site Plan exhibit entitled NMOCA at Virginia Wesleyan University, SHEET L1.0—Landscape Site Plan", prepared by TYMOFF+MOSS Virginia Wesleyan University Agenda Item 4 Page 3 Architects, dated 02/02/2024 which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 2. A Landscape Plan shall be submitted at the time of final site plan review reflective of the location and plant material depicted on Conceptual Landscape Plans entitled "VMOCA at Virginia Wesleyan University,SHEET L2.0—Landscape Plan" & "VMOCA at Virginia Wesleyan University,SHEET L4.0—Planting Plan - Building", prepared by TYMOFF+MOSS Architects, dated 02/02/2024 which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 3. The exterior of the proposed building shall substantially adhere in appearance, size, color,and materials to the elevations depicted on pages 10& 11 of this report,which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development.The maximum building height shall not exceed 41 feet in height. 4. All on-site signage shall meet the requirements and regulations of the Zoning Ordinance, unless otherwise approved by the Board of Zoning Appeals. A separate permit from the Department of Planning and Community Development is required for all signage installed on the site. 5. The sign package to include all proposed signage associated with the museum shall be submitted to the Planning Director for review and approval prior to the issuance of a sign permit. 6. The applicant shall obtain all necessary permits and inspections from the Department of Planning&Community Development Permits and Inspections Division,the Health Department, and the Fire Department.The applicant shall obtain a Certificate of Occupancy from the Building Official's Office prior to commencing operation. 7. The maximum number of individuals within the facility shall not exceed the maximum number as required by applicable building codes, noted on the Certificate of Occupancy, and posted by the Fire Marshal. 8. 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. 9. The Virginia Museum of Cultural Arts (VMOCA) may be permitted to have up to eight(8) Special Events per calendar year. 10. Prior to each Special Event,the applicant shall contact the Special Events Office and all appropriate City agencies as required including the Fire Marshal Bureau, Police Department, Commissioner of Revenue, Department of Planning and Community Development-Zoning Division, and the Health Department. 11. All Special Events associated with the Virginia Museum of Contemporary Art (VMOCA) shall cease operation by 11:00 P.M. 12. During Special Events, no less than one trash receptacle per 1,000 square feet of area shall be provided. All trash receptacles shall be emptied regularly so as not to overflow, and litter and debris shall not be allowed to accumulate. 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. Virginia Wesleyan University Agenda Item 4 Page 4 The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations The Comprehensive Plan recognizes this property as being within the "Suburban Area." Guiding principles have been established in the Comprehensive Plan to guard against possible threats to the stability of the Suburban Area and to provide a framework for neighbors and places that are increasingly vibrant and distinctive.The Plan's primary guiding principle for the Suburban Area is to create "Great Neighborhoods," and to support those neighborhoods with complementary non-residential uses in such a way that working together the stability and sustainability of the Suburban Area is ensured for now and the future. Overall, the proposal is consistent with the Comprehensive Plan's recommendations for this area. Natural & Cultural Resources Impacts The site is located in the Chesapeake Bay watershed. The campus is a mix of mature wooded areas, open grassed areas, buildings, and parking lots associated with college campus learning and living.There are some nontidal wetlands in the vicinity of the project. If impacted, the necessary permits must be provided during final site plan review. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Wesleyan Drive 20,500 ADT' 32,700 ADT 1(LOS 3"D") No Data Available 2 'Average Daily Trips Z No information available in the 3 LOS=Level of Service ITE Trip Generation Manual for Museums* *Although trip generation for a museum land use is not available,this land use does not generate significant traffic in the weekday morning or afternoon peak hours. Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Wesleyan Drive, in this vicinity, is considered a four-lane divided minor urban arterial. No CIP projects are planned for this area. Public Utility Impacts Water The site connects to City water. There is an existing 24-inch City water transmission main along Wesleyan Drive and an existing 12-inch City water main along Baker Road. Sewer The site is being served by a private pump station and force main. Virginia Wesleyan University Agenda Item 4 Page 5 Public • • Planning Commission • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on January 15, 2024. • As required by State Code,this item was advertised in the Virginian-Pilot on Wednesdays,January 31, 2024 and February 7, 2024. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on January 29, 2024. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of www.virginiabeach.gov/pc on February 8, 2024. City Council • As required by City Code, this item was advertised in the Virginian-Pilot Beacon on Tuesdays, March 5, 2024 and March 12, 2024. • As required by City Code, the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on March 4, 2024. • The City Clerk's Office posted the materials associated with the application on the City Council website of https://clerk.virginiabeach.gov/city-councie on March 15, 2024. Virginia Wesleyan University Agenda Item 4 Page 6 Proposed ConceptualLayout O e. ka u c � E �i pi t{' {`�� •. W � ' . Ff ftMq A _ • • ! • ! + 1��n�� wII)I _X�1Je Ni P{aj F i ! 1 I< e { a { G 3 3 a f � �RY L R a 3 5 a � • Y l � � x s • � i�. J Y s a p� t � _ I ------------- -- • v tail ---------------- I ! I I I I 1 t -- -T-- --------- _-- Virginia Wesleyan University Agenda Item 4 Page 7 e F Proposed Conceptual Landscape Plan N 1 .7 ,. ' ♦�_�`. o r� t h. Virginia Wesleyan University Agenda Item 4 Page 8 • • • • • i •• —i l O '+.g 3 Sci�� Q1 HIS r t��S�'itgssti q C) 04,p i -� yy y k T T j Virginia Wesleyan University Agenda Item 4 Page 9 / I • 6 7 66 6 5 4.2 4 ( ' 3 2 ��: 1 • it,F T4plF aMy wwa ti -- TT F j Wa,G Fie I i '� I I � I I - - — tarAcr� • it e. u %inern9 rr t GIIn',J ide' '.I: ti^n,rnr ^a + .•�itt n',^,1 limn:^cG ..A, m1pRl vaC{ire � ,..iitrr;: 7+;.Ir:,vF "wkJa7c�rrlxs .-•^:1++frr>d:ass �nand tl s�;sa m�an'4n�. � North Elevation 2 3 �) 4 4.2 5 6 6.6 7 6 , SA-tm,rtr:, a,r+ur t'ahnJ I*-i '�,6r rd, mxy r alral:x:N �aard::.rsxre M"v{Mr7 Pfi ylh> ,a yards .areuwsoal riq-�a parrs 1 .^ _ T - n vo^ h ---- ------- DfD f irnrr G w:c aeh aoa r�°' 3!true (D m w Z. South Elevation y — < M UQ N 3 o _P:- � / ♦ A • • 51> Cl2 A 11" Roof over 'N ArMdecmral precast recen•mg entry concrete•.vall panels Elevator Overrule d1'-0' • Single skin metal -Fired aluminum storefront•.undo,-:s -Perfomrtions in folded a. •wal!panels with 1'nsulated gray glass metal. all panels Upper Roof 34'-0' Top of Precast Wall/ • 29' 0' IF jj Main Gail"Root - _._ _- 26'-6Lobby Ro 25--0' Second Floor/ ..- - ,I --LowRoof_.-d — y r. { -well Floor / -- ----— -- --- --- 0•-0• F•r- �r. Sirpl9 back coL.rse l metal do0r Aluminum sloreffont.vita Folded metal Aluminum composite r_ recessed 1',typical issi 1'insulated clear glass wall panels panel at vestibule East Elevation A ,ss� �at. B <4s• s1> Perforations In folded Architectural precast Single skin mwa IK sill Elevator Orerrde meal aall panels concrete wall panels wall pal r Line of roof edge behind r Skylights beyond Ilk Upper Roof perforated panels Top of Precast Wall \ 29 0" \ Main Gallery Roo! ■Lobby Roof _ \ 2a•-p• J Second Floor Low Roof ,- - CIQ y D M Aluminu r dec vela A rn in,r s ,e'Icv th 8ncr veneer single onck coarse i-, r tal d;¢I CID 0 7 eomposde panel ar• -a canelz Hsu'atco clewgrass wassail1'.typical ar• r_ Q C ` � � West Elevation G� 3 L h I WL r Site Photos Virginia Wesleyan University Agenda Item 4 Page 12 �wA,x y � V A r• P� f n + Site Photos OY 17 ��.. r. �Y, +:-'.c✓. x.YS'�...� .F�r {w r . .:`{n .. • n h . e r - Virginia Wesleyan University Agenda Item 4 Page 13 Disclosure Disclosure Statement 1 YJD Nanning R&nmunitN Development The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board,commission or other body. Applicant Disclosure Applicant Name Dr.Scott Miller,Virginia Wesleyan University Does the applicant have a representative? ®Yes ❑ No • If yes,list the name of the representative. Michael Schnekser,Tymoff and Moss Architects Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?0 Yes 9 NO • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) '"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. '"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 11 Virginia Wesleyan University Agenda Item 4 Page 14 Disclosure Disclosure Statement Plannuig&Community Development Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes 9 No • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collaterali:ation,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑Yes no No • If yes,identify the financial institutions providing the service. 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes 0 No • If yes,identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes 9 No • If yes,identify the firm and individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?9 Yes ❑ No If yes,identify the firm and individual providing the service Tymoff+Moss Architects,Michael Schnekser,Principal 5. Is there any other pending or proposed purchaser of the subject property?❑Yes (9 No If yes,identify the purchaser and purchasers service providers. 2 i Virginia Wesleyan University Agenda Item 4 Page 15 Disclosure Disclosure Statement Ci•r o;t'arxa Ftad: Planning&Community Development .4 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?®Yes ❑ NO If yes,identify the company and individual providing the service. Hourigan Construction,Bart Dexter,Vice President 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?A Yes ❑No • If yes,identify the firm and individual providing the service. TRCC,Joseph Bushey 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?0 Yes 0 NO • If yes,identify the firm and individual providing the service. 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. iwnt Signature Dr.Scott D.Miller,President of Virginia Wesleyan University Print Name and Title 10/20/2023 Date Is the applicant also the owner of the subject property? ❑Yes ❑ NO • If yes,you do not need to fill out the owner disclosure statement. FOR ONLY/ that pertains to the® applications No changes as of Date 2/28/2024 signature Print Name Marchelle L. Coleman 31 Virginia Wesleyan University Agenda Item 4 Page 16 Disclosure Disclosure Statementvia Planning&Conimunit} 1 Development Owner Disclosure Owner Name Dr.Keith Moore,Virginia Wesleyan University Applicant Name Dr.Scott Miller,Virginia Wesleyan University Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business?0 Yes 9 No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity°relationship with the Owner. (Attach a list if necessary) Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes O No • if yes,what is the name of the official or employee and what is the nature of the interest? '"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. °"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(III)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 5 ) ; Virginia Wesleyan University Agenda Item 4 Page 17 Disclosure Disclosure Statement Planning&-Community Development . XIM ii Owner Services Disclosure 1. Does the Owner have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑Yes 9 No • If yes,identify the financial institutions providing the service. 2. Does the Owner have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes (9 No • If yes,identify the company and individual providing the service. 3. Does the Owner have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes 9 NO • If yes,identify the firm and individual providing the service. 4. Does the Owner have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?9 Yes ❑No • if yes,identify the firm and individual providing the service. Tymoff+Moss Architects,Michael Schnekser,Principal S. Is there any other pending or proposed purchaser of the subject property?❑Yes ©NO If yes,identify the purchaser and purchaser's service providers. 6. Does the Owner have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?9 Yes ❑No • If yes,identify the company and individual providing the service. Hourigan Construction,Bart Dexter,Vice President 7. Does the Owner have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?9 Yes ❑No • If yes,identify the firm and individual providing the service. TRCC,Joseph Bushey 61 Virginia Wesleyan University Agenda Item 4 Page 18 Disclosure Disclosure Statement I')anning 8:Community Development 8. Is the Owner receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?❑Yes 9 No • If yes,identify the firm and individual providing legal the service. Owner Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Owner Signatures Print d Title Keith E.Moore,Ed.D. Senior Vice President Date October 20,2023 7 � Virginia Wesleyan University Agenda Item 4 Page 19 Next Steps J • 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. Virginia Wesleyan University Agenda Item 4 Page 20 Virginia Beach Planning Commission February 14, 2024, Public Meeting Agenda Item # 4 Virginia Wesleyan University RECOMMENDED FOR APPROVAL — CONSENT Ms. Cuellar: Thank you very much. Item number four, Virginia Wesleyan University. If the applicant could please come forward. Mr. Schnekser: Good afternoon, (Inaudible 18:17). Ms. Cuellar: Thank you. And are the conditions acceptable to you? Mr. Schnekser:: They are. Ms. Cuellar: Great. Is there any opposition to this item being placed on the consent agenda? Hearing none. I've asked Commissioner Byler to read this item into the record. Ms. Byler: The applicant is requesting a conditional use permit to construct a museum, which is part of the, which is in fact the Virginia Museum of Cultural Arts. It will be located on the campus of Virginia Wesleyan University that is of 227- acre parcel, currently zoned residential. Therefore, the conditional use permit. The staff has recommended a few conditions and those conditions are agreeable with the applicant. There being no opposition. It seems appropriate for the consent agenda. Ms. Cuellar: Thank you very much. Mr. Chairman that was the last item on the consent agenda, the Planning Commission places the following applications on the consent agenda, items number 2, 3, 4, 6, 7, 9, 10, 11 and 12. Mr. Alcaraz: Alright, do I have a motion to approve this for consent? Ms. Cuellar: I move that these items be approved by consent. Ms. Hippen: So moved. Mr. Alcaraz: I have a motion from Ms. Cuellar and Ms. Hippen second it. Ms. Alcock: The vote is now open. Ms. Byler can I have your verbal really quickly? Ms. Byler: Oh, never mind, went through. Thank you. Ms. Alcock: By vote of 11 to 0 items number 2, 3, 4, 6, 7, 9, 10, 11 and 12 have been recommended for approval. AYE 11 NAY 0 ABS 0 ABSENT 0 Alcaraz AYE Anderson AYE B ler AYE Clemons AYE Coston AYE Cuellar AYE Estaris AYE Hi en AYE Mauch AYE Parks AYE Plumlee AYE CONDITIONS 1. When the site is developed, it shall be in substantial conformance with the submitted Conceptual Site Plan exhibit entitled "VMOCA at Virginia Wesleyan University, SHEET L1.0 — Landscape Site Plan", prepared by TYMOFF+MOSS Architects, dated 02/02/2024 which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 2. A Landscape Plan shall be submitted at the time of final site plan review reflective of the location and plant material depicted on Conceptual Landscape Plans entitled "VMOCA at Virginia Wesleyan University, SHEET L2.0 — Landscape Plan" & "VMOCA at Virginia Wesleyan University, SHEET L4.0 — Planting Plan - Building", prepared by TYMOFF+MOSS Architects, dated 02/02/2024 which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 3. The exterior of the proposed building shall substantially adhere in appearance, size, color, and materials to the elevations depicted on pages 10 & 11 of this report, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. The maximum building height shall not exceed 41 feet in height. 4. All on-site signage shall meet the requirements and regulations of the Zoning Ordinance, unless otherwise approved by the Board of Zoning Appeals. A separate permit from the Department of Planning and Community Development is required for all signage installed on the site. 5. The sign package to include all proposed signage associated with the museum shall be submitted to the Planning Director for review and approval prior to the issuance of a sign permit. 6. The applicant shall obtain all necessary permits and inspections from the Department of Planning & Community Development Permits and Inspections Division, the Health Department, and the Fire Department. The applicant shall obtain a Certificate of Occupancy from the Building Official's Office prior to commencing operation. 7. The maximum number of individuals within the facility shall not exceed the maximum number as required by applicable building codes, noted on the Certificate of Occupancy, and posted by the Fire Marshal. 8. 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. 9. The Virginia Museum of Cultural Arts (VMOCA) may be permitted to have up to eight (8) Special Events per calendar year. 10. Prior to each Special Event, the applicant shall contact the Special Events Office and all appropriate City agencies as required including the Fire Marshal Bureau, Police Department, Commissioner of Revenue, Department of Planning and Community Development - Zoning Division, and the Health Department. 11.All Special Events associated with the Virginia Museum of Contemporary Art (VMOCA) shall cease operation by 11:00 p.m. 12.During Special Events, no less than one trash receptacle per 1,000 square feet of area shall be provided. All trash receptacles shall be emptied regularly so as not to overflow, and litter and debris shall not be allowed to accumulate. a R7.5; 0 R7.5 0 o R7:5 R7:5 v B2 B2 a o B2 B2 ❑ ❑ V. ; ,� R7,.5 R7.5 0 ir9'i . 11 -R7:5__ a R7�5-- �IFa e '�- El ID era n Lff-OL� i �❑ OF ❑ \ Broad Street ,A24 A24 B2 B2 B2 B2 �f I Yurvin Juan Morales Lopez N Site 5070 Virginia Beach Boulevard W*- - E ® s Property—Polygons Zoning Feet �� Building 0 3060 120 180 240 300 360 ,Ku sek: 4Y r`J l:> CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: YURVIN JUAN MORALES LOPEZ [Applicant] FREEDOM LAND INVESTMENT, LLC [PROPERTY OWNER] Conditional Use Permit j0pen Air Market) for the property located at 5070 Virginia Beach Boulevard (GPIN 1467960131 ). COUNCIL DISTRICT 4 MEETING DATE: March 19, 2024 ■ Background: This is an application for a Conditional Use Permit for an Open-Air Market to operate a food truck in the parking lot of Freedom Outdoor Gun Range. This property is located along Virginia Beach Boulevard at the intersection of North Witchduck Road. The food truck will operate from 11:00 a.m. to 8:00 p.m., Monday through Saturday. Two employees are proposed. This site was approved for a Modification of Conditions in 2020 to allow for the construction of 3 additional retail buildings; these buildings have not been constructed to date. Due to the potential future construction, Staff has decided to not condition the location of the food truck on the site. A Board of Zoning Appeals variance was granted in 2021 to reduce the amount of required parking spaces on-site to 208 spaces; however, a total of 253 parking spaces exist today. ■ Considerations: The proposed use is, in Staff's opinion, acceptable, as this is a largely commercial area and is proposed within the parking lot of an existing business. The applicant's food truck currently operates on site with an active Peddler's Permit, which is set to expire in March 2024. This permit allows them to operate at one location for a duration of 6 months, after which they cannot return to that location for another year. The applicant is seeking the Conditional Use Permit to remain at this location permanently. 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 14, 2024, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 11-0. Yurvin Juan Morales Lopez Page 2of2 1. Unless otherwise authorized by the Zoning Ordinance, the Open-Air Market shall be limited to one food truck. 2. All trash receptacles shall be emptied regularly as to not overflow, and litter and debris shall not be allowed to accumulate. 3. The food truck shall be stored onsite within the striped parking spaces of the existing business when the food truck is not in operation. The food truck shall not obstruct the drive aisle or fire lanes. ■ 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: PropertyApplicant Yurvin Juan Morales Lopez Agenda Item Owner Freedom • Investment LLC Planning Commission PublicFebruary XCi1q11fB • ' 9 Virginia Beach Request Conditional Use Permit (Open-Air Market) Staff Recommendation . SUMM Approval �ARNA7tON AVE 1.RACHEL ST�. CO"DOR Staff Planner 3 y M ERSKINE ST Michaela McKinney .� f �EROR FLORAL sr W QW..... 2 Toe' `�GMRD.RD w > a ( w Location CN/qe 1 V� NJEA•NIEST — K W 5070 Virginia Beach Boulevard Q Fqc"a m 8 a w y w W a o GPIN q o BR..W ti� ' w a 1467960131 3 W o 0 = W Site Size } a (.b 6� z > c Po 5.14 acres = W 3 W CLEVELAND ST AICUZ Z Less than 65 dB DNL FF - SOUTHERN BLVD FGc(O Watershed R qo Chesapeake Bay Existing Land Use and Zoning District Retail, Indoor Recreation Facility/ B-2 ��,r - r ^� i ' k "ARIZ,) Community Business tlr EiA tiE'ST ' Surrounding Land Uses and Zoning Districts North •� �� ` y ,.� l� .' �,,u t ; c i ak_ 1 k s Mixed retail/ B-2 Community Business South Virginia Beach Boulevard Car Dealership/ B-2 Community Business ' EI e East r� tAF� C IA# 1" �- Y tf Single-family dwellings/ R-7.5 Residential " ,�•.•„ •"_ ^ � � West ..� fir" N. Witchduck Road ' ? RCN ^� „ r 'cttti<<` ` BROAUuSTT Mixed retail / B-2 Community Business 1 cye I Yurvin Juan Morales Lopez Agenda Item 9 Page 1 BackgroundSummaryofProposal • The applicant is requesting a Conditional Use Permit for an Open-Air Market for the operation of a food truck on a 5.14 acre parcel zoned B-2 Community Business District. • The food truck currently operates in the parking lot of the Freedom Outdoor Gun Range.The applicant has been issued a peddler permit to operate the food truck.The peddler permit is valid for a period of six months and is set to expire in March 2024. Since peddler permits can only be issued once in the same location per Section 33-6 of City Zoning Ordinance,the applicant is requesting a Conditional Use Permit to remain at the subject location. • The applicant's food truck,Taqueria La Ceiba, is a standalone food truck that is located within the southwestern portion of the parcel,facing Virginia Beach Boulevard.The existing Indoor Recreation Facility requires 253 parking spaces and exceeds their current minimum requirement by 16 spaces with the food truck occupying 5 parking spaces. The site was approved for a Modification of Conditions in 2020 for three additional retail buildings that are not yet constructed. Upon the completion of these buildings, this site will be deficient in parking by 61 spaces. Following the Modification approval, a Board of Zoning Appeals variance was approved in January 2021 for a reduction in parking, allowing the site to operate with 208 spaces.Therefore, the parking requirements are met including the addition of the food truck onsite. • The food truck area will include a table and two chairs for patrons.The property owner and applicant have a lease agreement for the food truck to operate on-site for two years.At the conclusion of their two-year lease agreement, the applicant intends to seek renewal of the lease. • The typical hours of operation are 11:00 a.m. to 8:00 p.m., Monday through Saturday.Two employees are anticipated. When the food truck is not operating it will remain on site and closed. • This property is located within the Western Campus Overlay District which is an opt-in overlay district intended to be a low-rise academic district and service area. Since Open-Air markets are not a permitted use within the overlay district the applicant is choosing not to opt in to the District. Zoning History R7.5 Lazls— # Request 6 IJMI, EST 1 MDC(Motor Vehicle Rentals)Approved 12/1/2020 MDC Approved 10/07/2014 B2 B2 CUP(Indoor Recreational Facility[Shooting Range]) Approved 06/25/2013 CUP(Motor Vehicle Repair)Approved 02/23/2010 5 R7.5 R7.5 2 STC&MDC Approved 09/15/2017 3 STC Approved 06/23/2009 STC Approved 05/23/2006 ,OY 4 CUP(Automobile Sales&Services)Approved e 10/13/1999 i `"'Pcrti,� eRonosr CUP(Automobile Sales&Services)Approved B2 Bz eFgcye 09/28/1999 A24 2 B2 B2 5 CUP(Automobile Repair&Service Establishment) A2 r Approved 11/10/1993 6 CUP(Motor Vehicle Rentals)Approved 06/09/1993 Application Types CUP—Conditional Use Permit MDC—Modification of Conditions STC—Street Closure SVR—SubdivisionVariance REZ—Rezoning MDP—Modification of Proffers FVR—Floodplain Variance LUP—Land Use Plan CRZ—Conditional Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental Yurvin Juan Morales Lopez Agenda Item 9 Page 2 Evaluation • • • The Conditional Use Permit request for an Open-Air Market to operate a food truck is, in Staffs opinion, acceptable.The addition of a food truck to an existing business is in keeping with the policies and goals set forth in the Comprehensive Plan and its guiding principles to encourage a compatible mix of uses and an efficient use of land resources.The food truck is located at the corner of the main artery, Witchduck Road and Virginia Beach Boulevard, and is accessible to pedestrians in the corridor. A Modification of Conditions was approved in 2020 to allow the existing retail business, Freedom Outdoors, to construct three additional buildings onsite. Since one of the future buildings is proposed to be located along Virginia Beach Boulevard, staff has chosen not to condition the location of the food truck so it may be relocated when construction begins on-site. It is Staffs opinion that the proposed food truck will not result in a significant increase in traffic in the parking lot as the use is consistent with the typical retail business uses. Based on the considerations above, Staff recommends approval of this request with the conditions listed below. Recommended Conditions 1. Unless otherwise authorized by the Zoning Ordinance, the Open-Air Market shall be limited to one food truck. 2. All trash receptacles shall be emptied regularly as to not overflow, and litter and debris shall not be allowed to accumulate. 3. The food truck shall be stored onsite within the striped parking spaces of the existing business when the food truck is not in operation.The food truck shall not obstruct the drive aisle or fire lanes. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations This site Is located within the Pembroke Strategic Growth Area within the Western Campus Overlay District.The addition of food trucks at Freedom Outdoors would be a compatible use that would increase economic development for local businesses and provide a new food service to not only Pembroke but the surrounding residential neighborhoods and would be supported by the Comprehensive Plan and Pembroke SGA Master Plan. Yurvin Juan Morales Lopez Agenda Item 9 Page 3 Natural • CulturalResources Impacts The site is located in the Chesapeake Bay Watershed.There are no known cultural or natural impacts. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Virginia Beach Boulevard 35,000 ADT' 74,000 ADT t(LOS°"D") Existing Land Use 2—0 ADT N Witchduck Road 24,200 ADT' 36,900 ADT 1(LOS°"D") Proposed Land Use 3—No Data Available 'Average Daily Trips 2 as defined by a single food 3 No information available in the °LOS=Level of Service truck ITE Trip Generation Manual for eventvenues Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Virginia Beach Boulevard in the vicinity of this application is considered an eight-lane divided major urban arterial. The Master Transportation Plan (MTP) proposes a divided facility within an existing 150 foot right-of-way section. N Witchduck Road in the vicinity of this application is considered a four-lane divided minor urban arterial. The Master Transportation Plan proposes an eight-lane facility within a 155 foot right-of-way. I Public Utility Impacts Water& Sewer This site is connected to City water and sanitary sewer. Public • • Planning Commission • As required by the Zoning Ordinance, the public notice sign(s)was placed on the property on January 15, 2024. • As required by State Code,this item was advertised in the Virginian-Pilot on Wednesdays,January 31, 2024 and February 7, 2024. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on January 29, 2024. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of www.virginiabeach.gov/pc on February 8, 2024. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Tuesdays, March 5, 2024 and March 12, 2024. Yurvin Juan Morales Lopez Agenda Item 9 Page 4 • As required by City Code, the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on March 4, 2024. • The City Clerk's Office posted the materials associated with the application on the City Council website of https://clerk.virginiabeach.gov/city-council on March 15, 2024. Yurvin Juan Morales Lopez Agenda Item 9 Page 5 Proposed Layout too Mtoo:t q 1;c R-` JE�ANNE`ST r � lLU Uj Q � � f yam'. . .a +� r1 { R ^� • r,i Key. P•fr�(t�� Rc� �'�+��a►� ��! BROAP*SL,,, ku�, ❑- Existing building /g Food Truck "�-� p� ,� �� ►! �� Yurvin Juan Morales Lopez Agenda Item 9 Page 6 Site Photos E iTEL.151-915-a511 0 �A q-` i Y i Disclosure Disclosure Statement Planning Community Development The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board,commission or other body. Applicant Disclosure Applicant Name `(UYvi r 1 :Stl t;l} / 'I OY`()I 1 Does the applicant have a representative? ❑Yes I"No If yes,list the name of the representative. is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?❑Yes ID/No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) '"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than SO percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. 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. Yurvin Juan Morales Lopez Agenda Item 9 Page 8 Disclosure Disclosure Statement Planning&Communih- De�'eIc}l,rncfit 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 DINO • If yes,what is the name of the official or employee and what is the nature of the interest? A19cant services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? 111 Yes GtNo • If yes,identify the financial institutions providing the service. 2. Does the applicant have areal estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes EAo • If yes,identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?0 Yes 2'No • If yes,identify the firm and individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes LINO • If yes,identify the firm and individual providing the service. S. Is there any other pending or proposed purchaser of the subject property?D Yes a No If yes,identify the purchaser and purchaser's service providers. Revised 11.09.2020 Yurvin Juan Morales Lopez Agenda Item 9 Page 9 Disclosure Disclosure Statement Xi Planning&Comm fnity 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?ElYes 5 NO • If yes,identify the company and individual providing the service. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?❑Yes Ff 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?❑ 5 Yes NO • If yes,identity the firm and individual providing the service. Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Applicant Sionature e Print Name and Title to Date Is the applicant also the owner of the subject property? ❑Yes Ga/No • If yes,you do not need to fill out the owner disclosure statement. f' that pertains to the ® a dd applications° 03/05/2024 1 sk-tu T]. ! iiom"Imm Michaela D.McKinney Revised 11.09.2020 3 I P a f Yurvin Juan Morales Lopez Agenda Item 9 Page 10 Disclosure Owner Disclosure ^ Owner Name Reed W Lo"J— J11yaJ Applicant Name Yurvin Juan Morales Lopez Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business?❑Yes ©No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) S W►G11ar�, C.tl II wV� • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship With the Owner. (Attach a list if necessary) Known Interest by Public Official or Em�iayee 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 t]4 NO • If yes,what is the name of the official or employee and what is the nature of the interest? "Parent-subsidiary rslationshir means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than S0 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. 1'Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that existswhen(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entitles. Factors that should be considered In determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there Is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised ll.09.2020 S{P a g e Yurvin Juan Morales Lopez Agenda Item 9 Page 11 Disclosure L�ISIC10's 'r $a r.. _ °elppmiant Owner Services Disclosure 1. Does the Owner have any existing financing Imortgage,deeds of trust,cross-collateralizatian,etc)or are they considering any financing in connection with the subject of the application or any business operating orto be operated on the property? )AYes ❑No • If yes,identify the financial institutions providing the service. 2. Does the Owner have areal estate broker/agent/realtor for current and anticipated future sales of the subject property? C I Yes x No • If yes,identify the company and individual providing the service- 3. Does the Owner have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?xYes ❑No • If yes,identify the firm and Individual providing the service. i 4. Does the Owner have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes On • if yes,identify the firm and individual providing the service. S. Is there any other pending or proposed purchaser of the subject property?❑Yes YNO If yes,identify the purchaser and purchaser's service providers. 6. Does the Owner have a construction eontrag in connection with the subject of the application or any business operating or to be operated on the property?11 Yes yL No • If yea,identify the company and individual providing the service. 7. Does the Owner have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?©Yes No • Ifyes,identify the firm and individual providing the service, Revised 11.09.2020 6 1 P a g e Yurvin Juan Morales Lopez Agenda Item 9 Page 12 Disclosure r7l g y: 8. Is the Owner receiving legal services in connection with the subject of the application or any business operating or to be operated on the property7�Yes ©No • If yes,identify tt�e firm and individual providi legal the service. r i � �✓�� - �fir?(are .�r2ciI Owner Signature I certify that all of the Information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the Information provided herein two weeks priorto the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or arty public body or committee in connection with this application. Owner Signature Print Name and T111e Date Revised 11.09.2020 7 P a g e Yurvin Juan Morales Lopez Agenda Item 9 Page 13 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-5692. • 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. Yurvin Juan Morales Lopez Agenda Item 9 Page 14 Virginia Beach Planning Commission February 14, 2024, Public Meeting Agenda Item # 9 Yurvin Juan Morales Lopez RECOMMENDED FOR APPROVAL — CONSENT Ms. Cuellar: Thank you very much. Our next item on the consent agenda is item number nine. conditional use permit for an open-air market is Yurvin Juan Morales Lopez here to speak on this application. Hello. Mr. Lopez: Hello. Ms. Cuellar: Could you please state your name for the record? Mr. Lopez: Yes, my name is Yurvin Juan Morales Lopez. Ms. Cuellar: And are the conditions acceptable to you? Mr. Lopez: Yes. Ms. Cuellar: Okay. Thank you very much. You may be seated. Mr. Lopez: Thank you. Ms. Cuellar: Is there any opposition to this item being placed on the consent agenda? Hearing none. I've asked Commissioner Byler to read this into the record. Ms. Byler: The applicant is requesting a conditional use permit at 5070 Virginia Beach Boulevard, which is part of the Freedom Outdoor Gun Range. The applicant has been issued a peddler permit to operate a food truck. The permit is valid for a period of six months and is set to expire in March of 2024. Since the peddler permits can only be issued once in the same location based on city ordinance, the applicant is requesting a conditional use permit to remain at the subject location. There was no opposition and the applicant is agreeable to conditions based on staff recommendations. Therefore, this has been placed on the consent agenda. Ms. Cuellar: Thank you very much. Mr. Chairman that was the last item on the consent agenda, the Planning Commission places the following applications on the consent agenda, items number 2, 3, 4, 6, 7, 9, 10, 11 and 12. Mr. Alcaraz: Alright, do I have a motion to approve this for consent? Ms. Cuellar: I move that these items be approved by consent. Ms. Hippen: So moved. Mr. Alcaraz: I have a motion from Ms. Cuellar and Ms. Hippen second it. Ms. Alcock: The vote is now open. Ms. Byler can I have your verbal really quickly? Ms. Byler: Oh, never mind, went through. Thank you. Ms. Alcock: By vote of 11 to 0 items number 2, 3, 4, 6, 7, 9, 10, 11 and 12 have been recommended for approval. AYE 11 NAY 0 ABS 0 ABSENT 0 Alcaraz AYE Anderson AYE B ler AYE Clemons AYE Coston AYE Cuellar AYE Estaris AYE Hippen AYE Mauch AYE Parks AYE Plumlee AYE CONDITIONS 1. Unless otherwise authorized by the Zoning Ordinance, the Open-Air Market shall be limited to one food truck. 2. All trash receptacles shall be emptied regularly as to not overflow, and litter and debris shall not be allowed to accumulate. 3. The food truck shall be stored onsite within the striped parking spaces of the existing business when the food truck is not in operation. The food truck shall not obstruct the drive aisle or fire lanes. R20 R20 0 o ❑ ❑ or1,0 j Mulberry �----____ o . ;-- - - - oop J - R1,O-----R10 0- 01111;1111111 Oa � g o o R10 F 0 i R10,R10� �R10 � George Cutulle N Site 2760 Mulberry Loop W __ \ -'F ® s Property_Polygons Zoning Feet �� Building 0 2040 80 120 160 200 240 pG NiA �ji • tiy. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: GEORGE CUTULLE [Applicant] GEORGE JOSEPH CUTULLE & VIVIENNE MARY CUTULLE [Property Owners] Conditional Use Permit (Residential Kennel) for the property located at 2760 Mulberry Loop (GPIN 2405215708). COUNCIL DISTRICT 5 MEETING DATE: March 19, 2024 ■ Background: The applicant and his wife own four dogs and frequently care for their daughter's two dogs when she is on deployment, underway, or otherwise out of town. As the Zoning Ordinance only permits up to four dogs without a Conditional Use Permit, the applicant is requesting a Conditional Use Permit for a Residential Kennel to permit up to six adult dogs at this R-10 Residential property. All the dogs are current on their required vaccinations and the applicant has no open violations with Animal Control. ■ Considerations: Keeping dogs as pets is a compatible use in this area and aligns with the general goals of the Suburban Area as set forth in the Comprehensive Plan. The applicant's request is reasonable to accommodate the frequent, though not constant, presence of six adult dogs. The dogs will not be kenneled outdoors, and the applicant's rear yard is enclosed with a fence. 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 14, 2024, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 11-0. 1. All animal waste from the dogs shall be collected and disposed of in a lawful manner on a weekly basis. 2. The applicant shall ensure that all dogs are properly vaccinated and immunized and are licensed through the City of Virginia Beach. 3. There shall be no breeding of dogs on the site. George Cutulle Page 2 of 2 4. Day Care, Training, and Boarding services for monetary consumption are not permitted on this site. 5. No more than four (4) dogs shall be permitted to be outdoors at one time and the dogs shall remain under the supervision of the caretaker at all times and shall not be a nuisance to any other property owners or residents. 6. There shall be no more than six (6) adult dogs on site. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Petition of Support (3 signatures) Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department n City Manager:/`�) Item ApplicantGeorgeCutulle Agenda Property Owner George • • Cutulle • • ' • February Virginia Beach .Planning District Request Conditional Use Permit (Residential Kennel) Staff Recommendation Approval 4P Staff Planner Elizabeth Nowak g 3 Location "Do ti 2760 Mulberry Loop GPIN wu 2405215708 Site Size 8,120 square feet R A I C UZ 70-75 dB DNL ilk Watershed ` Southern Rivers Existing Land Use and Zoning District Single-family dwelling/ R-10 Residential with PD-H2 Overlay 7W. Surrounding Land Uses and Zoning Districts f a r North Stormwater pond / R-20 Residential {' South Mulberry Loop Single-family dwelling/ R-10 Residential with two ` PD-H2 Overlay uLBERR)?L01p " East Single-family dwelling, cultivated field R-10 ? -k Residential with PD-H2 Overlay West Single-family dwelling/ R-10 Residential with + PD-H2 Overlay George Cutulle Agenda Item 7 Page 1 Background & Summary of Proposal • The applicant is requesting a Conditional Use Permit to operate a residential kennel at their residence at 2760 Mulberry Loop zoned R-10 Residential District. • The applicant, George Cutulle and his wife own four dogs and frequently care for their daughter's two dogs.They are seeking a Conditional Use Permit to keep their daughter's two dogs overnight for extended periods while she is deployed, underway, or out of town. • The rear yard is enclosed with a fence that has recently been reconfigured to enclose only the applicant's property. • All dogs on the property, including the applicant's daughter's dogs, are current on all required vaccinations. • One call to Animal Control was made for this area in October 2023 that reported a dog chasing a teenager.The report identified the at-large dog to be a Great Dane.The applicant does not own a Great Dane, nor is one known to be associated with this property. • The property is located in the 70-75 d13 DNL noise zone of the Air Installation Compatibility Use Zone (AICUZ).The Zoning Administrator determined that this use is permitted in this noise zone as it is an Animal Husbandry Service, a type of agricultural-related activity allowed in high-noise zones. R20 R20 Zoning History # Request 1 CUP(Family Day-Care Home)Approved 12/06/2016 NuiBen - _ 2 CRZ(Athletic Club)Approved 01/14/1985 L.00P Rio R10 LUP(Taylor Farm)Approved 1 2 R10 , 10 R10 Application Types CUP—Conditional Use Permit MDC—Modification of Conditions STC—Street Closure SVR—Subdivision Variance REZ—Rezoning MDP—ModificationofProffers FVR—FloodplainVariance LUP—Land Use Plan CRZ—Conditional Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental Evaluation • • • In Staffs opinion, this request for a Conditional Use Permit for a residential kennel is acceptable.This property is located in the Suburban Area, as identified in the Comprehensive Plan, and is part of a residential subdivision that was developed under a land use plan in the late 1990s and early 2000s. Keeping dogs as pets is compatible with this area and with the general goals for the Suburban Area as a residentially focused area.The dogs are not hunting animals and will not be kenneled outdoors.The need for the Conditional Use Permit is to permit the applicant to care for his daughter's animals while she is deployed, underway, or otherwise out of town.The proposed quantity of animals at this site is limited and will be transient as the two dogs that are not owned by the applicants do not and will not make this their George Cutulle Agenda Item 7 Page 2 permanent home. No changes to traffic are anticipated and, with the conditions recommended below, Staff believes there will be no adverse effect to the area.Additionally,the applicant states they met with several of their neighbors and received three signatures of support for their application. Staff recommends approval of the application subject to the following conditions and exhibits. Recommended Conditions 1. All animal waste from the dogs shall be collected and disposed of in a lawful manner on a weekly basis. 2. The applicant shall ensure that all dogs are properly vaccinated and immunized and are licensed through the City of Virginia Beach. 3. There shall be no breeding of dogs on the site. 4. Day Care,Training, and Boarding services for monetary consumption are not permitted on this site. 5. No more than four(4) dogs shall be permitted to be outdoors at one time and the dogs shall remain under the supervision of the caretaker at all times and shall not be a nuisance to any other property owners or residents. 6. There shall be no more than six (6) adult dogs on 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. , Comprehensive Plan Recommendations This project falls within the Suburban Area. Guiding principles of the Suburban Area in the Comprehensive Plan Policy Document include creation and maintenance of"Great Neighborhoods" by having supportive and complementary non- residential uses.The safe keeping of pets is a compatible activity in suburban neighborhoods and is consistent with the overall goals of the Comprehensive Plan for the Suburban Area. Natural : Cultural ResourcesImpacts The site is located in the Southern Rivers Watershed. No ground-disturbing activities will occur as part of this application. No historical or cultural resources will be affected by this use. George Cutulle Agenda Item 7 Page 3 Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Mulberry Loop No data available Existing Land Use Z 10 ADT' Proposed Land Use 10 ADT 1 Average Daily Trips z As defined by a single-family dwelling Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Mulberry Loop is a two-lane, undivided local street. It is not included in the MTP, and no CIP projects are slated for this area. Public Utility Impacts Water& Sewer The site is already connected to City water and sanitary sewer. PublicOutreach Information Planning Commission • The applicant reported that they met with the surrounding property owners, and no objections were raised. Three signatures of support have been received by Staff. • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on January 15, 2024. • As required by State Code,this item was advertised in the Virginian-Pilot on Wednesdays,January 31, 2024 and February 7, 2024. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on January 29, 2024. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of www.virginiabeach.gov/pc on February 8, 2024. City Council • As required by City Code, this item was advertised in the Virginian-Pilot Beacon on Tuesdays, March 5, 2024 and March 12, 2024. • As required by City Code,the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on March 4, 2024. • The City Clerk's Office posted the materials associated with the application on the City Council website of https:Hclerk.virginiabeach.gov/city-council on March 15, 2024. George Cutulle Agenda Item 7 Page 4 Proposed Site Layout Fence that has been relocated _r to applicant's property r Now .� r 8,120 SF Lot w 560 SF �)14 i i I i George Cutulle Agenda Item 7 Page 5 Site Photos 1 ' e o. m 8 �� S f;•r� e.„ 4 r t • �i4 Site Photos e1` 3U i �/"°�84r rw'M' �-a - x. TP 4 �''•. F. i • r 3: yI �`r ., � ; J .•b�`� { +',,,e{��`Y,d..�+`' '�- lid �J Disclosure Disclosure Statement Planning&Cotmnuniv, ,.0 Development The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board,commission or other body. Applicant Disclosure //�� Applicant Name 11 l�l�h�K� Does the applicant have a representative? ❑Yes Iry NO • If yes,list the name of the representative. \ Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?I]Yes No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) • if yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) '"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. z"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(I)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include jhat the same person or substantially the same person own or manage the two entitles;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of interests Act,Va. Code§2.2-3101. 11Page George Cutulle Agenda Item 7 Page 8 Disclosure Disclosure Statement ,t 13 V1 Plaanning+X Communit; ...... Development Known nterest by PubkOf del or Employee Does an official or employee of the city of Virginia Beach have an interest in the subject land or any proposed development Al contingent on the subject public action?.❑Yes A1 o • if yes,what is the name of the official or employee and what is the nature of the interest? • Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑Yes X No + If yes,identify the financial institutions providing the service. 2. Does the aRe ant have a real estate broker/agent/reactor for current and anticipated future sales of the subject property? ❑YesNo + If yes, tify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provid din connection with the subject of the application or any business operating orto be operated on the property?❑Yes No • If yes,identify the firm and individual providing the service. r \ 4. Does the applicant have services from an architect/landscape architect/land planner pred in connection with the subject of the application or any business operating or to be operated on the property?El NO If yes,identify the firm and individual providing the service. S. is there any other pending or proposed purchaser of the subject property?❑Yes No + if yes,identify the purchaser and purchaser's service providers. 21 George Cutulle Agenda Item 7 Page 9 Disclosure Disclosure Statement Manning&Community Development 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or Ll to be operated on the property?I]Yes IM NO • If yes,identify the company and indivi ual roviding the service. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?❑Yes No • If yes,identify the firm and individual providing the ace. 8. Is the applicant receiving legal service in onnection 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 indivi ual roviding the service. Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Applicant Sign u Print Name and Tit i Date Is the applicant also the owner of the subject property? Kyes [l No • If yes,you do not need to fill out the owner disclosure statement. ONLY/FOR CITY USE .Ahat pertains to the X_ Noda�•esu °a°aof applications 103/06/2024 c Print Name rEIC ii�bQ�et Nowak eth 3 r George Cutulle Agenda Item 7 Page 10 • 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. George Cutulle Agenda Item 7 Page 11 Virginia Beach Planning Commission February 14, 2024, Public Meeting Agenda Item # 7 George Cutulle RECOMMENDED FOR APPROVAL — CONSENT Ms. Cuellar: Our next item is item number seven, a conditional use permit for a residential kennel. Can we have a representative please come forward on this application. Welcome. Mr. Cutulle: Hi, good afternoon. I'm George Cutulle. Ms. Cuellar: And are the conditions acceptable to you? Mr. Cutulle: Yes, they are. Ms. Cuellar: Thank you very much. You may be seated and, then, is there any opposition? Hearing none. We have asked Commissioner Mauch to read this application. Mr. Mauch: The applicant is requesting a conditional use permit to operate a residential kennel at their residence at 2760. Mulberry Loop zoned R-10 residential district. The applicant owns four dogs and frequently cares for their daughter's two dogs. They're seeking a conditional use permit to keep their daughter's two dogs overnight and extended periods while she is deployed, underway, or out of town. All dogs on the property including the applicant's dogs are current on their required vaccinations and, hearing no opposition, we put this on the consent. Ms. Cuellar: Thank you very much. Mr. Chairman that was the last item on the consent agenda, the Planning Commission places the following applications on the consent agenda, items number 2, 3, 4, 6, 7, 9, 10, 11 and 12. Mr. Alcaraz: Alright, do I have a motion to approve this for consent? Ms. Cuellar: I move that these items be approved by consent. Ms. Hippen: So moved. Mr. Alcaraz: I have a motion from Ms. Cuellar and Ms. Hippen seconded it. Ms. Alcock: The vote is now open. Ms. Byler, can I have your verbal really quickly? Ms. Byler: Oh, never mind, it went through. Thank you. Ms. Alcock: By vote of 11 to 0 items number 2, 3, 4, 6, 7, 9, 10, 11 and 12 have been recommended for approval. AYE 11 NAY 0 ABS 0 ABSENT 0 Alcaraz AYE Anderson AYE B ler AYE Clemons AYE Coston AYE Cuellar AYE Estaris AYE Hi en AYE Mauch AYE Parks AYE Plumlee AYE CONDITIONS 1. All animal waste from the dogs shall be collected and disposed of in a lawful manner on a weekly basis. 2. The applicant shall ensure that all dogs are properly vaccinated and immunized and are licensed through the City of Virginia Beach. 3. There shall be no breeding of dogs on the site. 4. Day Care, Training, and Boarding services for monetary consumption are not permitted on this site. 5. No more than four(4) dogs shall be permitted to be outdoors at one time and the dogs shall remain under the supervision of the caretaker at all times and shall not be a nuisance to any other property owners or residents. 6. There shall be no more than six (6) adult dogs on site. FROM: George J Cutulie 2760 Mulberry Loop Mroinia Beach VA, 23456 Dear Virginia Beach Planning Commission and City Council, This letter is intended to let my neighbors know that I am applying for a Conditional Use Permit for residential kennel at my property located at 2760 Mulberry Loop Virginia Beach VA, 23456. We currently have four inside dogs at our residence. My daughter is an Officer in the United States Navy and has two small dogs that my wife and I take care of when she is deployed or detached and is why we are applying for a Conditional Use Permit for residence Kennel. This Conditional Permit will give permission to temporarily house a total of six dogs at our resi�iertce. RESIDENT NAME RE§IDENT Aj2DjRESS l�l 52 It' ULZEZZ aoA Al2 Al2 a o� �o a$ R'SD R5D i Brandon Shaw N Site 2076 Mason Neck Lane W E ® s Property_Polygons Zoning Feet �� Building 0 510 20 30 40 50 60 u ri �r � raa' S'.t:7 u S) s! CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: BRANDON SHAW [Applicant & Property Owner] Conditional Use Permit (Home Occupation — Retail Sales) for the property located at 2076 Mason Neck Lane (GPIN 1454694387). COUNCIL DISTRICT 7 MEETING DATE: March 19, 2024 ■ Background: The applicant requests a Conditional Use Permit for a Home Occupation to operate an online retail sale (firearms) business within the single-family dwelling. The applicant will be the sole operator of the online business. There will be no sale of firearms from this residence. No signs or advertisements are proposed for the property. ■ Considerations: No firearm or federally controlled item will be left on the property without properly being transferred to the owner. Section 234 of the Zoning Ordinance allows up to 20 percent of the total floor area of the primary and ancillary structures on the site to be used in association with a home occupation. In this instance, 20 percent equates to 394 square feet, thus the 299 square foot office within the home will be below the maximum allowed. All federally controlled items will be stored in secured steel vaults. In addition to this Conditional Use Permit, the applicant anticipates obtaining a Federal Firearms License (FFL) through the Bureau of Alcohol, Tobacco, Firearm and Explosives (ATF) prior to conducting business. Approval of the Conditional Use Permit is required for the applicant to obtain his FFL. All firearms that are on the site will be required to be secured in accordance with ATF regulations. Additionally, a City of Virginia Beach Police officer will conduct a security assessment of the home in the presence of the applicant within one month of obtaining a Conditional Use Permit. Further details pertaining to the request, as well as Staff's evaluation of the request, are provided in the attached Staff Report. Two letters of support were received by Staff. There is no known opposition to this request. ■ Recommendation: On February 14, 2024, the Planning Commission passed a motion to recommend approval of this request by a vote of 11 to 0. Brandon Shaw Page 2 of 3 1. Any firearm or firearm parts kept on the property shall be stored in a locked, secured vault or similar container. The applicant shall contact the Police Department's Crime Prevention Office to arrange for a meeting at the property for the purpose of conducting a security assessment within one (1) month of the granting of this Conditional Use Permit. A report shall be written by the Police Department, with a copy provided to the applicant, the Planning Department, and a copy retained by the Police Department. 2. The applicant shall obtain and maintain a Federal Firearms License (FFL) through the Bureau of Alcohol, Tobacco, Firearm and Explosives (ATF) in order to conduct business. 3. All small arms ammunition, primers, smokeless propellants, and black powder propellants stored or awaiting transfer at the residence shall comply with Section 3306 of the Virginia Statewide Fire Prevention Code and NFPA 495. 4. There shall be no sign identifying the business on the exterior of any building on the property or within the yard of the property. 5. There shall be no hand-to-hand transactions permitted from this residence. All sales shall be conducted online. 6. Delivery of firearms to the property shall be received on the applicant's property only, secured by the applicant's signature. 7. The use shall not create noise, dust, vibration, smell, glare, electrical interference, fire hazard, or any other hazard or nuisance to any greater or more frequent extent than would normally be expected in the neighborhood under normal circumstances wherein no home occupation exists. 8. No more than twenty (20) percent of the floor area of the dwelling unit shall be used in conduct of the activity. In addition, all activities related to the proposed Home Occupation shall only be conducted inside the 299 square foot office on the property. 9. There shall be only one (1) employee associated with this home-based business. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Letters of Support (2) Brandon Shaw Page 3 of 3 Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager�� Background • SummaryofProposal • The applicant is requesting a Conditional Use Permit for a Home Occupation to operate an online retail sale (firearms) business within the single-family dwelling on a parcel in the Alexandria neighborhood zoned R-51) Residential Duplex District. • The home occupation will occupy 299 square feet within the residence. • There will be no sale of firearms from this residence as all sales will be conducted online. No signs or advertisements are proposed for the property. • The applicant has over five years of experience working with firearms. • The applicant will be the sole operator of the in-home business. No other employees are proposed. • As required by federal law,the applicant will obtain a Federal Firearms License (FFL)through the Bureau of Alcohol, Tobacco, Firearm and Explosives (ATF).All firearms will be secured in the home in accordance with ATF regulations. • Additionally, a City of Virginia Beach Police Officer will conduct a security assessment of the home in the presence of the applicant within one month of obtaining a Conditional Use Permit. At2 72 v h � Zoning History # Request 5D 1 CRZ(R-51D to Conditional A-12 with PD-112)Approved 03/13/2001 MASON NECK LN Application Types CUP—Conditional Use Permit MDC—Modification of Conditions STC—Street Closure SVR—SubdivisionVariance REZ—Rezoning MDP—ModificationofProffers FVR—FloodplainVariance LUP—Land Use Plan CRZ—Conditional Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental Evaluation . Recommendation The applicant's request for a Conditional Use Permit for a Home Occupation for a retail sales(firearms) business within this single-family dwelling is acceptable, in Staffs opinion.This proposed use is located within the Suburban Area of the city as defined by the Comprehensive plan. In Staff's opinion,this use will not change the character of the neighborhood and will not adversely affect the surrounding properties, as it is a very low intensity use.All activities of this business will occur indoors and will be undetectable by pedestrians and immediate neighbors. Brandon Shaw Agenda Item 5 Page 2 Section 234 of the Zoning Ordinance allows up to 20 percent of the total floor area of the primary and ancillary structures on the site to be used in association with a home occupation. In this instance, 20 percent equates to 394 square feet,thus the 299 square foot office within the home will be below the maximum allowed. As mentioned previously, no on-site sale of firearms will occur at the residence, as the applicant intends to purchase firearms and sell them exclusively online. A condition is recommended below to ensure this. If the applicant proposes to expand services offered, a modification to this Conditional Use Permit will be required. The applicant intends to store firearms in a locked and secured vault, in accordance with ATF regulations.As stated previously,the Virginia Beach Police Department will conduct a security assessment of the home within one month of the granting of the Conditional Use Permit, as noted in Condition 1.The assessment will consist of the following items: • Inspect all exterior lighting and recommend strategies for best lighting practices to be used • Inspect all landscaping, looking for any conflict with lighting and any area where there may be places to hide • Inspect all interior and exterior door and window locking devices to ensure that they provide adequate home security against burglary • Inspect all interior and exterior doors to determine adequacy of their strength against penetration by prying, force, or any other means • Inspect and review any alarm system that may be installed on the home • Inspect the room and safe where any firearms,firearm supplies,firearms parts, and money may be stored • If there are children in the home, the assessing officer will review safety measures as it pertains to firearms and the children. The applicant has notified his adjacent neighbors of his request to operate the retail firearm sales business and has provided letters of support from two immediate neighbors along Mason Neck Lane. Based on the considerations above, Staff finds that the proposed use meets the requirements for a Home Occupation as stated in Section 234 of the Zoning Ordinance.The requirements of the Zoning Ordinance and the conditions recommended by Staff are anticipated to further ensure the compatibility of the proposed use and the safety of the neighborhood. As such,Staff recommends approval of the request subject to the conditions below. Recommended Conditions 1. Any firearm or firearm parts kept on the property shall be stored in a locked,secured vault or similar container.The applicant shall contact the Police Department's Crime Prevention Office to arrange for a meeting at the property for the purpose of conducting a security assessment within one (1) month of the granting of this Conditional Use Permit.A report shall be written by the Police Department,with a copy provided to the applicant, the Planning Department, and a copy retained by the Police Department. 2. The applicant shall obtain and maintain a Federal Firearms License (FFL)through the Bureau of Alcohol,Tobacco, Firearm and Explosives (ATF) in order to conduct business. 3. All small arms ammunition, primers, smokeless propellants, and black powder propellants stored or awaiting transfer at the residence shall comply with Section 3306 of the Virginia Statewide Fire Prevention Code and NFPA 495. 4. There shall be no sign identifying the business on the exterior of any building on the property or within the yard of the property. 5. There shall be no hand-to-hand transactions permitted from this residence.All sales shall be conducted online. Brandon Shaw Agenda Item 5 Page 3 6. Delivery of firearms to the property shall be received on the applicant's property only,secured by the applicant's signature. 7. The use shall not create noise, dust,vibration, smell,glare, electrical interference,fire hazard,or any other hazard or nuisance to any greater or more frequent extent than would normally be expected in the neighborhood under normal circumstances wherein no home occupation exists. 8. No more than twenty(20) percent of the floor area of the dwelling unit shall be used in conduct of the activity. In addition, all activities related to the proposed Home Occupation shall only be conducted inside the 299 square foot office on the property. 9. There shall be only one (1)employee associated with this home-based business. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations The Comprehensive Plan identifies this site as being located within the Suburban Area.The general planning principles for the Suburban Area focus on creating and maintaining great neighborhoods through stability and sustainability; protecting and enhancing open spaces and places of cultural and historical significance; and creating and maintaining a transportation system that provides connectivity and mobility. Achieving these goals requires that all land use activities either maintain or enhance the existing neighborhood through compatibility with surroundings, quality and attractiveness of site and buildings, improved mobility, environmental responsibility, livability, and effective buffering with respect to type, size, intensity, and relationship to the surrounding uses. Natural & Cultural Resources Impacts The site is located within the Southern Rivers watershed. Drainage in the Southern Rivers watershed is highly impacted by the presence of high ground water, poorly draining soils, and high-water surface elevations in downstream receiving waters.There does not appear to be any significant natural or cultural resources associated with the site. ',Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Mason Neck Lane No Data Available 1 Existing Land Use 2-10 ADT Proposed Land Use 3-10 ADT 'Average Daily Trips gas defined by a single-family 3as defined by a single-family dwelling dwelling with a home occupation Brandon Shaw Agenda Item 5 Page 4 Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Mason Neck Lane, in this vicinity, is considered a two-lane undivided local street. It is not included in the MTP. No roadway CIP projects are slated for this roadway. Public Utility Impacts Water & Sewer The site currently connects to both City water and sanitary sewer. Public Outreach Information Planning Commission • The applicant reported that they met with the surrounding property owners, and no objections were raised. Two letters of support have been received by Staff. • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on January 15, 2024. • As required by State Code,this item was advertised in the Virginian-Pilot on Wednesdays,January 31, 2024 and February 7, 2024. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on January 29, 2024. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of www.virginiabeach.gov/pc on February 8, 2024. City Council • As required by City Code, this item was advertised in the Virginian-Pilot Beacon on Tuesdays, March 5, 2024 and March 12, 2024. • As required by City Code, the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on March 4, 2024. • The City Clerk's Office posted the materials associated with the application on the City Council website of https://clerk.virginiabeach.gov/city-counci on March 15, 2024. Brandon Shaw Agenda Item 5 Page 5 m Site Layout Q 2144 N 2145 � t Q 1,902 SF ' SINGLE-FAMILY 2072 DWELLING • 2080 ` 2068 • . a � . 2064 2081 4f q SO, F Brandon Shaw Agenda Item 5 Page 6 1 i J k - r a r s r. Site Photos r g .r Brandon Shaw Agenda Item 5 Page 7 Disclosure Disclosure Statement City of}'iryinia Bnwh Planning&Community Development The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board,commission or other body. Applicant Disclosure Applicant Name Brandon Shaw Does the applicant have a representative? ❑Yes ® No • If yes,list the name of the representative. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? M Yes ❑ No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Brandon Shaw • If yes,list the businesses that have a parent-subsidiary'oraffiliated business entity'relationship with the applicant. (Attach a list if necessary) Gladiator Arms LLC "Parent-subsidiary relationship"means"a relationship that exists when one corporation directlyor indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. "'Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.2020 1 Brandon Shaw Agenda Item 5 Page 8 Disclosure Disclosure Statement city of Virginia B—h Planning&Co Development Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes ® No • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑Yes ® No • If yes,identify the financial institutions providing the service. 2. Does the applicant have a real estate broker/agent/reaftor for current and anticipated future sales of the subject property? ❑Yes 0 No • If yes,identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes ® No • If yes,identify the firm and individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes ® No • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?❑Yes M No • If yes,identify the purchaser and purchaser's service providers. Revised 11.09.2020 2 Brandon Shaw Agenda Item 5 Page 9 Disclosure Disclosure Statement City of"gim Bach Planning&Community Development _ 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?❑Yes ® No • If yes,identify the company and individual providing the service. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?❑Yes E No • If yes,identify the firm and individual providing the service. 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?❑Yes M No • If yes,identify the firm and individual providing the service. Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Applicant Signature Brandon Shaw,Owner Print Name and Title 11/29/23 Date Is the applicant also the owner of the subject property? M Yes ❑ NO • If yes,you do not need to fill out the owner disclosure statement. that pertains to the applications ® No changes as of Date 2/27/2024 Signature .i,- ��_ RlntName Marchelle L.Coleman Revised 11.09.2020 3 Brandon Shaw Agenda Item 5 Page 10 Next Steps I • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-5692. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy,are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Brandon Shaw Agenda Item 5 Page 11 Virginia Beach Planning Commission February 14, 2024, Public Meeting Agenda Item # 5 Brandon Shaw RECOMMENDED FOR APPROVAL Mr. Alcaraz: My fault. Alright. Thank you. Those were approved for consent and if you can get with your representative in the planning department and see when you're up for City Council. Next item up for is the, Madam Clerk, if you can see whose first item for hearing. Madam Clerk: Agenda item number five Brandon Shaw, a conditional use permit request for a home occupation for retail sales at 2076 Mason Neck Lane in District 7. Mr. Alcaraz: Just come forward and state your name, please. Mr. Shaw: Good afternoon. Brandon Shaw for item five. Mr. Alcaraz: Alright. You state what you're doing. Mr. Shaw: Looking to do a conditional use permit for a FFL at home. Mr. Alcaraz: Okay. There were some questions and I'm going to go ahead and let the commissioners come in. Who'd like to ask some questions. Mr. Plumlee? Mr. Plumlee: Yes. Hey, thank you for coming down today. I know this is a busy time for you, but with this request, can you give us a little insight to your experience with this type of work and what your plans are at this location? Mr. Shaw: So I have a history of owning and buying firearms, and I was just looking to expand and sell parts of my collection and to possibly see it about doing that in the future. So ,taking the first step by doing an at-home FFL to facilitate transfer and buying and selling of firearms. Mr. Plumlee: Does that require any special training for you to do that? Mr. Shaw: No, just I have to go through the ATF to request an FFL. I've done so, and I've gone through the paperwork, finger checks, background checks to do so. Mr. Plumlee: And you hadn't been selling from this location at any prior time, is that fair? Mr. Shaw: No. You cannot do that without FFL. Mr. Plumlee: Okay. Mr. Alcaraz: Alright. Any other questions? A lot of discussion at informal, we good? Alright, you can be seated. Mr. Shaw: Alright, thank you. Mr. Alcaraz: Is there any opposition for this agenda item? Alright, we'll close it and we'll have a discussion if you'd like anyone like to discuss. If not, I'll take a motion. Mr. Mauch: I'll make a motion. Mr. Alcaraz: Mr. Mauch. Mr. Mauch: Make a motion for approval. Ms. Hippen: I Second. Mr. Alcaraz: Motion by Mr. Mauch. Second by Ms. Hippen. Thank you. Ms. Alcock: The vote is now open. By a vote of 11 to 0, agenda item number five has been recommended for approval. AYE 11 NAY 0 ABS 0 ABSENT 0 Alcaraz AYE Anderson AYE B ler AYE Clemons AYE Coston AYE Cuellar AYE Estaris AYE Hippen AYE Mauch AYE Parks AYE Plumlee AYE CONDITIONS 1. Any firearm or firearm parts kept on the property shall be stored in a locked, secured vault or similar container. The applicant shall contact the Police Department's Crime Prevention Office to arrange for a meeting at the property for the purpose of conducting a security assessment within one (1) month of the granting of this Conditional Use Permit. A report shall be written by the Police Department, with a copy provided to the applicant, the Planning Department, and a copy retained by the Police Department. 2. The applicant shall obtain and maintain a Federal Firearms License (FFL) through the Bureau of Alcohol, Tobacco, Firearm and Explosives (ATF) in order to conduct business. 3. All small arms ammunition, primers, smokeless propellants, and black powder propellants stored or awaiting transfer at the residence shall comply with Section 3306 of the Virginia Statewide Fire Prevention Code and NFPA 495. 4. There shall be no sign identifying the business on the exterior of any building on the property or within the yard of the property. 5. There shall be no hand-to-hand transactions permitted from this residence. All sales shall be conducted online. 6. Delivery of firearms to the property shall be received on the applicant's property only, secured by the applicant's signature. 7. The use shall not create noise, dust, vibration, smell, glare, electrical interference, fire hazard, or any other hazard or nuisance to any greater or more frequent extent than would normally be expected in the neighborhood under normal circumstances wherein no home occupation exists. 8. No more than twenty (20) percent of the floor area of the dwelling unit shall be used in conduct of the activity. In addition, all activities related to the proposed Home Occupation shall only be conducted inside the 299 square foot office on the property. 9. There shall be only one (1) employee associated with this home-based business. Name Address /Mme/ Email Address Phone Number75 —� Dear Virginia Beach Planning Commission, 1 acknowledge and support Brandon Shaw's application for a Federal Firearms License (FFL)to operate from 2076 Mason Neck Lane as a home-based firearms business. Brandon Shaw possesses exceptional knowledge and understanding of firearm safety, legal compliance, and the importance of maintaining the highest standards of security and accountability in the handling and distribution of firearms.Their dedication to safety protocols and ethical practices in this field is commendable. Furthermore, Brandon Shaw's plan to operate a home-based FFL adheres to all zoning ordinances, local regulations,and safety protocols required by law.Their commitment to maintaining a secure and controlled environment for the sale and transfer of firearms demonstrates a high level of responsibility and professionalism. I firmly believe that granting Brandon Shaw an FFL to operate from their residence aligns with the values of ensuring responsible firearm distribution while meeting all legal requirements. I am confident in Brandon Shaw's ability to maintain the highest standards of safety, security, and integrity in conducting business as an FFL holder. Thank you for considering this letter of support. I am optimistic that Brandon Shaw will contribute positively to the firearms community while upholding all legal and ethical standards as an FFL holder. Sincerely, [Name] [Signature] [Date] Name ?A Address `2 7— �[�St-,--) Email Address @COY, Phone Number 75-7 261 (L; Dear Virginia Beach Planning Commission, I acknowledge and support Brandon Shaw's application for a Federal Firearms License (FFL)to operate from 2076 Mason Neck Lane as a home-based firearms business. Brandon Shaw possesses exceptional knowledge and understanding of firearm safety, legal compliance, and the importance of maintaining the highest standards of security and accountability in the handling and distribution of firearms.Their dedication to safety protocols and ethical practices in this field is commendable. Furthermore, Brandon Shaw's plan to operate a home-based FFL adheres to all zoning ordinances, local regulations, and safety protocols required by law. Their commitment to maintaining a secure and controlled environment for the sale and transfer of firearms demonstrates a high level of responsibility and professionalism. I firmly believe that granting Brandon Shaw an FFL to operate from their residence aligns with the values of ensuring responsible firearm distribution while meeting all legal requirements. I am confident in Brandon Shaw's ability to maintain the highest standards of safety, security, and integrity in conducting business as an FFL holder. Thank you for considering this letter of support. I am optimistic that Brandon Shaw will contribute positively to the firearms community while upholding all legal and ethical standards as an FFL holder. Sincerely, [Name] [Signature] [Date] o R10 OQ R1�0 co B2 E12 ti R10 R10 B2 ,B2 O a�` O � � R20--,R20 p 0 C� B2�B2 • ti B2 B2 Siren Arts Studio N ® Site 1423 Great Neck Road, Suite 105A W E' s Property_Polygons Zoning Feet F--] Building 0 3060 120 180 240 300 360 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: SIREN ARTS STUDIO [Applicant] RT VIRGINIA HOLDINGS, LLC [Property Owner] Conditional Use Permits (Tattoo Parlor & Body Piercing Establishment) for the property located at 1423 N. Great Neck Road, Suite 105A (GPIN 2408184833). COUNCIL DISTRICT 8 MEETING DATE: March 19, 2024 ■ Background: The applicant is requesting two Conditional Use Permits to operate a Tattoo Parlor for traditional tattooing and a Body Piercing Establishment within an existing 1 ,677 square-foot suite at the Mill Dam Crossing Shopping Center. Typical hours of operation will be 10:00 a.m. to 8:00 p.m., Tuesday through Saturday, by appointment. With the exception of signage, no changes to the building exterior are proposed and the required parking is met on site. ■ Considerations: The proposed uses are, in the opinion of Staff and the Planning Commission, acceptable. These uses are compatible with the other existing commercial businesses located in the vicinity and within this part of the Suburban Area. Prior to operating, the applicant is required to obtain business licenses and the Health Department must verify that the business meets all the requirements of Chapter 23 of the City Code. This section of the code establishes standards for disclosure, hygiene, licenses, waivers, proof of age, recordkeeping, inspections, cleanliness, vaccinations, and permitting. A Certificate of Occupancy will not be issued until the requirements of the Health Department are met. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. There is no known opposition to these requests. ■ Recommendation: On February 14, 2024, the Planning Commission passed a motion to recommend approval of these items on the Consent Agenda, by a recorded vote of 11-0. CONDITIONS: 1 . Business licenses for the Tattoo Parlor and Body Piercing Establishment shall not be issued to the applicant without the approval of the Health Department to Siren Arts Studio Page 2 of 2 ensure compliance with the provisions of Chapters 23-51 and 23-53.1 of the City Code, or as amended. 2. The actual application of tattoos and/or body piercing shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 3. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon, electronic display or similar signage installed on the exterior of the building or in any window, or on the doors. Window signage shall not be permitted. A separate sign permit shall be obtained from the Department of Planning & Community Development for the installation of any new signs. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. �--� Submitting Department/Agency: Planning Department City Manager:/)� Items Applicant Siren Arts Studio Agenda Property owner RT Virginia Holdings, CouncilPlanning Commission Public Hearing February 14, 2024 2 & 3 City Virginia Beach Requests #2 - Conditional Use Permit (Tattoo Parlor) #3 - Conditional Use Permit (Body Piercing �y1N Establishment) J�QP'N °o�y 6 SOJ 0 Staff Recommendation sF aP�e Approval c°"I 1° 1 yQa I-- �c� Ny Staff Planner °V, � MILL DAM RD Hoa N. Dao : 0 l Location a 1423 N. Great Neck Road, Suite 105A oR GPIN N`AKESIOE a 2408184833 Site Size 1.88 acres (1,677 square feet Suite) AICUZ Cc Less m Y , Less than 65 dB DNL oR r AN Watershed Chesapeake Bay Existing Land Use and Zoning District �j� s Shopping center/B-2 Community Business t Surrounding Land Uses and Zoning Districts North Office/ B-2 Community Business2¢�` South , Retail, vocational school / B-2 Community Business East North Great Neck Road •'� Q x " Retail, shopping center/ B-2 Community o ►�`". t . '`' ''. Business : r "._ • West Single-family dwellings/ R-10 Residential ;- 4 Siren Arts Studio Agenda Items 2 & 3 Page 1 Background SummaryofProposal • The applicant is requesting two Conditional Use Permits to operate a Tattoo Parlor for traditional tattooing and to operate a Body Piercing Establishment within an existing 1,677 square-foot suite at the Mill Dam Crossing Shopping Center. • The proposed hours of operation will be from 10:00 a.m. to 8:00 p.m.,Tuesday through Saturday, by appointment only. • Piercing booths will be completely private and out of view of both patrons in the suite and outdoors. • No changes to the exterior of the building are proposed. • Per Section 203(a)(33), shopping centers with four or more tenants are required to provide one parking space for every 250 square feet of floor area.The 10,756 square feet shopping center requires 43 parking spaces.There are 78 parking spaces on site, which exceeds the required parking by 35 spaces.There is a shared parking agreement with the adjacent commercial parcels;therefore, an exemption to exceed the maximum allowed parking of 65 spaces per Section 203(b)(8) is permitted. 2 3 e2 62 s Zoning History # Request T °� 1 SVR(Lot Width Reduction)Approved 10/05/2021 Rto R10 CUP(Vocational School)Approved 10/05/2021 1 2 MDC(Church Addition)Approved 12/12/2000 R20 �� = MDC(Child Care Education Center)Approved 12/19/1988 CUP(Pump Station)Approved 10/15/1973 c CUP(Church)Approved 08/03/1966 3 CUP(Automotive Repair Garage)Approved 06/09/1992 tWpq MTR R20 R20 82 82 1 . Application Types CUP—Conditional Use Permit MDC—Modification of Conditions STC—Street Closure SVR—Subdivision Variance REZ—Rezoning MDP—Modification of Proffers FVR—Floodplain Variance LUP—Land Use Plan CRZ—Conditional Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—ShortTermRental Evaluation . Recommendation These requests for Conditional Use Permits for a Tattoo Parlor and Body Piercing Establishment, in Staffs opinion, are acceptable given that these uses are compatible with the other existing commercial businesses located in the vicinity and within this part of the Suburban Area. Staff does not anticipate any potential negative impact to the surrounding area. Furthermore,the proposed use would be supported by the Comprehensive Plan which calls for the introduction of complementary non-residential uses in the Suburban Area. Prior to commencing operations on the site, the applicant must obtain a business license and the Health Department must verify that the business meets all the requirements of Chapter 23-51 of the City Code. Chapter 23-51 details the standards for disclosure, hygiene, licenses, waivers, proof of age, recordkeeping, inspections, cleanliness,vaccinations, Siren Arts Studio Agenda Items 2 & 3 Page 2 and permitting applicable to such establishments. A Certificate of Occupancy shall not be issued until these requirements are satisfied and Health Department approval is obtained. For the reasons stated above, Staff recommends approval of these applications, subject to the conditions listed below. ' Recommended Conditions 1. Business licenses for the Tattoo Parlor and Body Piercing Establishment shall not be issued to the applicant without the approval of the Health Department to ensure compliance with the provisions of Chapters 23-51 and 23-53.1 of the City Code, or as amended. 2. The actual application of tattoos and/or body piercing shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 3. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon, electronic display or similar signage installed on the exterior of the building or in any window, or on the doors. Window signage shall not be permitted.A separate sign permit shall be obtained from the Department of Planning& Community Development for the installation of any new signs. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations The Comprehensive Plan identifies this site as being located within the Suburban Area.The general planning principles for the Suburban Area focus on creating and maintaining great neighborhoods through stability and sustainability; protecting and enhancing open spaces and places of cultural and historical significance; and creating and maintaining a transportation system that provides connectivity and mobility.Achieving these goals requires that all land use activities either maintain or enhance the existing neighborhood through compatibility with surroundings, quality and attractiveness of site and buildings, improved mobility, environmental responsibility, livability, and effective buffering with respect to type, size, intensity, and relationship to the surrounding uses. ResourcesNatural & Cultural • The site is located in the Chesapeake Bay watershed and there are no known significant cultural resources associated with this site. Siren Arts Studio Agenda Items 2 &3 Page 3 Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic N. Great Neck Road 38,800 ADT' 55,000 ADT'(LOS°"D") No Change Anticipated 'Average Daily Trips °LOS=Level of Service Master Transportation Plan (MTP) and Capital Improvement Program (CIP) N. Great Neck Road is a six-lane suburban arterial in the vicinity of this site. N. Great Neck has a variable right-of-way width and the MTP shows a divided highway with a bikeway and an ultimate right-of-way width of 120 feet. There are currently no CIP projects scheduled for this segment of N. Great Neck Road. Public Utility Impacts Water & Sewer The parcel is currently connected to City water and sanitary sewer services. Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on January 15, 2024. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays,January 31, 2024 and February 7, 2024. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on January 29, 2024. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of www.virginiabeach.gov/pc on February 8, 2024. City Council • As required by City Code, this item was advertised in the Virginian-Pilot Beacon on Tuesdays, March 5, 2024 and March 12, 2024. • As required by City Code, the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on March 4, 2024. • The City Clerk's Office posted the materials associated with the application on the City Council website of https://clerk.virginiabeach.gov/city-council on March 15, 2024. Siren Arts Studio Agenda Items 2 & 3 Page 4 Proposed Site Layout • t Q _ C3 co 0 - m i ` o a' d ) `A r o i O !� Y Y( � ! LL Q 0 m cll �J Siren Arts Studio Agenda Items 2 & 3 Page 5 Proposed Floor Plan FLOOR• • Mill Dam Crossing,Virginia Beach,VA SUITE 1 0 � o I6'-10" nvoc - co 2 , , r 0 MILL DAM CROSSING I,G77SP 1423 N. GREAT NECK QAD,SUITE 105A VIRGINIA BEACH, VA 2 455 DRAWN BY: K.L. MONETTE 757.214.1345 Siren Arts Studio Agenda Items 2 & 3 Page 6 _ �ia�✓y i Site Photos iVAY • I WTI e ! 'A Siren Arts Studio Agenda Items 2 & 3 Page 7 Disclosure Disclosure Statement XU City of l"".B--h Planning&Community Development The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board,commission or other body. Applicant Disclosure Applicant Name Siren Arts Studio Does the applicant have a representative? ®Yes ❑ No • If yes,list the name of the representative. Cutler Moss Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? ®Yes ❑ NO • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Cutler Moss-Sole Member Mary Pruitt-Sole Member • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) N/a "Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. '"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(I)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(ill)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.2020 1 Siren Arts Studio Agenda Items 2 & 3 Page 8 ' Disclosure Disclosure Statement City of t'iryinia Bm�d+ Planning&Community Development Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes ® NO • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-coliateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑Yes ® No • If yes,identify the financial institutions providing the service. 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes ® No • If yes,identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes ® No • If yes,identify the firm and individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes ® No • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?❑Yes ® No • If yes,identify the purchaser and purchaser's service providers. Revised 11.09.2020 2 Siren Arts Studio Agenda Items 2 & 3 Page 9 Disclosure Disclosure Statement VBci gofr Planning&Community Development 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?❑Yes ® No • If yes,identify the company and individual providing the service. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?❑Yes IXI No • If yes,identify the firm and individual providing the service. 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?❑Yes ®No • If yes,identify the firm and individual providing the service. Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any Jpublic body or committee in connection with this application. Applicant Signature Cutler W Moss Print Name and Title 8 December 2023 Date Is the applicant also the owner of the subject property? ❑Yes ® No • If yes,you do not need to fill out the owner disclosure statement. FOR ONLY/ that pertains to the applications ® No changes as of �� 03.05.2024 Signature //� Print Name Hoa N.Dao Revised 11.09.2020 3 Siren Arts Studio Agenda Items 2 & 3 Page 10 Disclosure Disclosure Statement C7'tu�>I t'uyiiwi s�rx�h Planning&Community Development Owner Disclosure Owner Name RT Virginia Holdings LLC Applicant Name Siren Arts Studio Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business? 15 Yes ❑ No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list If necessary) Judy Tang-manager • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity`relationship with the Owner. (Attach a list if necessary) N/A Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes ® No • If yes,what is the name of the official or employee and what is the nature of the interest? "Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. 4"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ill a controlling owner in one entity is also a controlling owner in the other entity,or(ill)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.2020 5 Siren Arts Studio Agenda Items 2 & 3 Page 11 Disclosure Disclosure Statemen cNu q/Viryinsi 8a,di ::Planning&Community v. Owner Services Disclosure 1. Does the Owner have any existing financing(mortgage,deeds of trust,cross-col lateral ization,etc)or are they considering any financing in connection with the subject ofthe application or any business operating or to be operated on the property? ❑Yes IN No If yes,Identify the financial institutions providing the service. 2. Does the Owner have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes IN No If yes,identifythe company and individual providing the service. 3. Does the Owner have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes In NO If yes,identify the firm and individual providing the service. 4. Does the Owner have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes IN No • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?❑Yes � NO • If yes,identify the purchaser and purchaser's service providers. 6. Does the Owner have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?❑Yes [3 No • If yes,identify the company and individual providing the service. 7. Does the Owner have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?❑ Yes IJ No If yes,identify the firm and individual providing the service. Revised 11.09.2020 6 I Siren Arts Studio Agenda Items 2 & 3 Page 12 Disclosure Disclosure Statement Cuy of k'vr�inia Beurh Planning&Communi 1Je 8. Is the Owner receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?n Yes ❑No • If yes,identify the firm and individual providing legal the service. Otey Smith&Quarles- Dan Quarles Owner Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Owner Signature Judd I an- manager Print Name and Title 12/8/2023 Date Revised 11.09.2020 7 E'a P F Siren Arts Studio Agenda Items 2 & 3 Page 13 Next Steps • Upon receiving a recommendation from Planning Commission, this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-5692. • 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. Siren Arts Studio Agenda Items 2 & 3 Page 14 Virginia Beach Planning Commission February 14, 2024, Public Meeting Agenda Item # 2 & 3 Siren Arts Studio RECOMMENDED FOR APPROVAL— CONSENT Mr. Alcaraz: Alright, I think we go on to consent. Alright, I'll pass it on to Ms. Holly Cuellar. Ms. Cuellar: Thank you Mr. Chairman. Thank you. Today we have nine items on the consent agenda. These are applications that are recommended for approval by staff and the Planning Commission concurred and there are no speakers signed up in opposition. We'll go ahead and start with items number two and three if the applicant could please come forward, Siren Art Studio. Mr. Moss: Good afternoon. Cutler Moss for Siren Art Studio. Ms. Cuellar: Thank you very much. And are the conditions acceptable to you? Mr. Moss: They are. Ms. Cuellar: Great. You may be seated. Mr. Moss: Thank you. Ms. Cuellar: Is there any opposition for this item being placed on the consent agenda? Hearing none. I've asked Commissioner Estaris to please read this into the record. Ms. Estaris: Yes, the background of these applications that the applicant is requesting two conditional use permits to operate a tattoo parlor for traditional tattooing, and to operate a body piercing establishment within an existing 1,677 square foot suite at the Mill Dam Crossing Shopping Center. The proposed hours of operation will be from 10 a.m. to 8 p.m. Tuesday through Saturday by appointment only. Piercing booths will be completely private and out of view of both patrons in the suite and outdoors. No changes to the exterior of the building are proposed. With that being said, there was no opposition to the filing. We agree with the planning staff approval. Planning moves this to the consent agenda. Ms. Cuellar: Thank you very much. Mr. Chairman that was the last item on the consent agenda, the Planning Commission places the following applications on the consent agenda, items number 2, 3, 4, 6, 7, 9, 10, 11 and 12. Mr. Alcaraz: Alright, do I have a motion to approve this for consent? Ms. Cuellar: I move that these items be approved by consent. Ms. Hippen: So moved. Mr. Alcaraz: I have a motion from Ms. Cuellar and Ms. Hippen second it. Ms. Alcock: The vote is now open. Ms. Byler can I have your verbal really quickly? Ms. Byler: Oh, never mind, went through. Thank you. Ms. Alcock: By vote of 11 to 0 items number 2, 3, 4, 6, 7, 9, 10, 11 and 12 have been recommended for approval. AYE 11 NAY 0 ABS 0 ABSENT 0 Alcaraz AYE Anderson AYE Byler AYE Clemons AYE Coston AYE Cuellar AYE Estaris AYE Hippen AYE Mauch AYE Parks AYE Plumlee AYE CONDITIONS 1. Business licenses for the Tattoo Parlor and Body Piercing Establishment shall not be issued to the applicant without the approval of the Health Department to ensure compliance with the provisions of Chapters 23-51 and 23-53.1 of the City Code, or as amended. 2. The actual application of tattoos and/or body piercing shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 3. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon, electronic display or similar signage installed on the exterior of the building or in any window, or on the doors. Window signage shall not be permitted. A separate sign permit shall be obtained from the Department of Planning & Community Development for the installation of any new signs. 00 0 �k7.5 O2 B2 B2 R5D R5D o N O B2 R7%5 �\ zo R7.5,) B2 B2 h eo B2 B2 Wegar a _ - -- B2 B2 Cecilia M. Patterson N 3920 Virginia Beach Boulevard W E Site S ' Property_Polygons Zoning Feet 0o Building 0 2040 80 120 160 200 240 `ro 7. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CECILIA M. PATTERSON [Applicant] ROCKY LLC [Property Owner] Conditional Use Permit (Tattoo Parlor) for the property located at 3920 Virginia Beach Boulevard (GPIN 1487240595). COUNCIL DISTRICT 8 MEETING DATE: March 19, 2024 ■ Background: The applicant is requesting a Conditional Use Permit for a Tattoo Parlor to offer traditional tattooing services, as well as the application of permanent makeup, including paramedical tattoos. The parlor will be in an existing 2,200 square-foot suite in an existing shopping center. Proposed hours of operation will be from 10:00 a.m. to 6:00 p.m., Monday through Saturday, by appointment only. The applicant anticipates employing five tattoo artists and a front desk receptionist. A portion of the lobby will be used as a boutique to sell local artists' wares. ■ Considerations: The proposed tattoo parlor will be compatible with other commercial businesses in the shopping center and in this corridor of Virginia Beach Boulevard. It also aligns with goals for the Rosemont Strategic Growth Area to transition this portion of Virginia Beach Boulevard away from auto-centric uses and towards diverse service and retail businesses. Prior to operating the site, the applicant is required to obtain a business license and the Health Department must verify that the business meets all the requirements of Chapter 23 of the City Code. 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 14, 2024, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 11-0. 1. A business license for the Tattoo Parlor shall not be issued to the applicant without the approval of the Health Department to ensure compliance with the provisions of Chapter 23-51 of the City Code. 2. The actual application of tattoos shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. Cecilia M. Patterson Page 2 of 2 3. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon, electronic display or similar signage installed on the exterior of the building or in any window, or on the doors. Window signage shall not be permitted. A separate sign permit shall be obtained from the Department of Planning & Community Development for the installation of any new signs. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. �- Submitting Department/Agency: Planning Department City Manager:( 9 Item ApplicantCecilia M. PattersonAgenda Property Owner Rocky CommissionPlanning Public Hearing February City Council District 8 6 Virginia Beach li Request Conditional Use Permit (Tattoo Parlor) Staff Recommendation �NDEr W m' Approval R R� <IV t K O :Sf RATHMOOR CIR Staff Planner (� wYCKOF ti FOR z N Z Q Z Elizabeth Nowak _ �I a � o 0 = U U U p y - Ps LAMPL AVE w Location 3920 Virginia Beach Boulevard o Q _ GPIN m 1487240595 = N m C A Site Size A H i BoNNEY RD < ZZ 2,200 square feet o m AICUZ c i ` - N O mn m Less than 65 dB DNL Watershed p 'NVERNESSRD - �- Chesapeake Bay 1077 Existing Land Use and Zoning District Shopping center/ B-2 Community Business Surrounding Land Uses and Zoning Districts �. ► - North ws R :t v^�y, �F►r t Single-family dwelling, religious use/ R-7.5 a " �. \ a•`� 4 Residential, R-51) Residentiallot South A, •r+sr Virginia Beach Boulevard t i °r.+ r r 2 Automobile sales/ B-2 Community Business �� f L , East Religious use/ R-7.5 Residential West s Medical office facility/ B-2 Community Business �F s Cecilia M. Patterson Agenda Item 6 Page 1 Background SummaryofProposal • The applicant is requesting a Conditional Use Permit to operate a Tattoo Parlor in a 2,200 square-foot suite in an existing shopping center.The shopping center is located along Virginia Beach Boulevard on property zoned B-2 Community Business District. • The applicant will offer both traditional tattooing, as well as permanent makeup for eyebrows, microblading, eyeliner, lips, and paramedical tattoos.The applicant is a member of"Operation Tattooing Freedom," a non-profit organization that connects veterans with tattoo artists in support of their mental health. • The proposed hours of operation will be from 10:00 a.m.to 6:00 p.m., Monday through Saturday, by appointment only. • Five tattoo artists and a front desk receptionist are anticipated during business hours.The applicant estimates that each artist will have two to three clients a day, depending on their schedule. • In addition to tattooing,the applicant intends on using a portion of the front lobby as a boutique in which to sell local artists'wares. • The applicant plans to install a channel-letter wall sign on the building that will include the name of the business, The Vintage Cauldron. • Per Section 203(a)(33), shopping centers with four or more tenants are required to provide one parking space for every 250 square feet of floor area.There are 75 parking spaces on site, which exceeds the parking requirement by 17 spaces. R7.5 R7.5 02 02 R5D RI 2 B2 B2 B2 Zoning History # Request RTS RT5 1 CUP(Church)Approved 08/12/1997 a RqN B2 B2 �1 @EiCHB`VD Application Types CUP—Conditional Use Permit MDC—ModificationofConditions STC—Street Closure SVR—Subdivision Variance REZ—Rezoning MDP—ModificationofProffers FVR—FloodplainVariance LUP—Land Use Plan CRZ—ConditionalRezoning NON—Nonconforming Use ALT—Alternative Compliance STIR—Short Term Rental Evaluation . Recommendation The Conditional Use Permit request for a Tattoo Parlor is, in Staff's opinion, acceptable given that the use will be compatible with the other existing commercial businesses in the shopping center and in this corridor of Virginia Beach Cecilia M. Patterson Agenda Item 6 Page 2 Boulevard.The property is located in the Rosemont Strategic Growth Area (SGA)as defined by the Comprehensive Plan. The main goal for the Rosemont SGA is to transition from an auto-oriented retail strip to a mixed-used,transit-oriented neighborhood center.Artistic and community-oriented businesses such as the one proposed by the applicant are complementary with the kind of services and retail that support diverse and mixed-use areas. While the request includes the reuse of an existing suite and no exterior changes are proposed,the proposal includes no new construction, but the business operations align with the goals of the Rosemont SGA. Prior to operating on the site, the applicant is required to obtain a business license and the Health Department must verify that the business meets all the requirements of Chapter 23 of the City Code.This section of the code establishes standards for disclosure, hygiene, licenses,waivers, proof of age, recordkeeping, inspections, cleanliness,vaccinations, and permitting.A Certificate of Occupancy will not be issued until the requirements of the Health Department are met. For the reasons stated above, Staff recommends approval of this application, subject to the conditions listed below. Recommended Conditions 1. A business license for the Tattoo Parlor shall not be issued to the applicant without the approval of the Health Department to ensure compliance with the provisions of Chapter 23-51 of the City Code. 2. The actual application of tattoos shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 3. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon, electronic display or similar signage installed on the exterior of the building or in any window, or on the doors.Window signage shall not be permitted. A separate sign permit shall be obtained from the Department of Planning &Community Development for the installation of any new signs. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations The Comprehensive Plan designates the subject property as being within the Rosemont Strategic Growth Area (SGA), which is envisioned as a becoming a transit-oriented corridor with mixed-uses and higher residential densities. Key recommendations for this SGA are centered around transportation infrastructure improvements to develop a more transit-oriented development pattern and accompanying village core and higher residential densities. Diverse businesses and services are key to thriving mixed-use areas such as the one envisioned in the Rosemont SGA. Cecilia M. Patterson Agenda Item 6 Page 3 Natural & Cultural Resources • The site is located in the Chesapeake Bay Watershed. It is located outside the Resource Protection Area and no impact is anticipated as there are no physical alterations proposed with this application. No historical or cultural resources will be affected by this proposal. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Virginia Beach Boulevard 39,000 ADT' 74,000 ADT'(LOS Z"D") No change anticipated IAverage Daily Trips z LOS=Level of Service Master Transportation Plan (MTP) and Capital Improvement Program (CIP) In the vicinity of this site, Virginia Beach Boulevard is an eight-lane major urban arterial road with an approximate right- of-way width of 150 feet. The MTP shows an eight-lane major arterial with an ultimate right-of-way width of 155 feet. There are no CIP projects scheduled near this site. Public Utility Impacts Water & Sewer The site connects to City water and sewer. Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on January 15, 2024. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, January 31, 2024 and February 7, 2024. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on January 29, 2024. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of www.virginiabeach.gov/pc on February 8, 2024. City Council • As required by City Code, this item was advertised in the Virginian-Pilot Beacon on Tuesdays, March 5, 2024 and March 12, 2024. • As required by City Code, the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on March 4, 2024. • The City Clerk's Office posted the materials associated with the application on the City Council website of https://clerk.virginiabeach.gov/city-council on March 15, 2024. Cecilia M. Patterson Agenda Item 6 Page 4 Proposed Site Layout E G t _ S\,O - 040 ♦ A �g W ell e e� r ` JI . ,,yam �� r.«� • �- *V �,1► T «;- ` fir••. a .. ' + AE Cecilia M. Patterson Agenda Item 6 Page S Proposed Floor Plan ng Room(190.4 h'} Ro (669.��IryingRoom(1459h'! �" I . Storage(14,fib .a i 6a�-om too d d°i 7l 1 • :rj;I wy ✓ � �3 Proposed Sign Exhibit a 392O U$-56 A * ' /�`, a p•• � ''' '�`: v�g n�a BeaM,virginia �+ da !� ! s •Cocgle Snee:View � � y� -y'?� i Ju12023 See more Crates any /!�Tom+ y�' $+. } ax r a a --u #Ma p a JW 2020 O Mn�#Sfases terms Nin at a cbkrn:-: e x _-t1z u .L r a is II I I f r F •� Site Photos Cecilia M. Patterson Agenda Item 6 Page 8 Disclosure Disclosure Statement Planning&Community Development The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board,commission or other body. Applicant Disclosure Applicant Name Ya r � Does the applicant have a representative? ®Yes ❑ No • If yes,list the name of the representative Kira Yamanashi-Fllint Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? ❑ T,Yes NO • If yes,list then am es of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity2 relationship with the applicant. (Attach a list if necessary) "Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. "Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Cecilia M. Patterson Agenda Item 6 Page 9 Disclosure Disclosure Statement (:ir u nJ i:ryn�fktah Planning&Community Development Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes ❑No • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)orare they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑Yes C"No • If yes,identify the financial institutions providing the service. 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes 2No • If yes,identify the company and individual providing the service. 3 Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes ONO • If yes,identify the firm and individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes 0 NO • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?❑Yes C3 NO • If yes,identity the purchaser and purchaser's service providers. 21 Cecilia M. Patterson Agenda Item 6 Page 10 Disclosure Disclosure Statement Planning&Community Development 6. Does the applicant have a construction contractor in connection with the subject ofthe application or any business operating or to be operated on the property?❑Yes ONO • Ifyes,identify the company and individual providing the service. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?❑Yes NO • If yes,identify the firm and individual providing the service. 8. Is the applicant receiving legal services in connection with thesubject of the application or any business operating or to be operated on the property?❑Yes 121"'N0 • If yes,identify the firm and individual providing the service. Aimlicant 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 priorto the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board orany public body or committee in connection with this application. - ---- - AppNcant Slgnatu'te i,1 C 11,-r. y 4kkso l Tel V'sf- Print Name and This II. II.Z� Date Is the applicant also the owner ofthe subject property? ❑Yes 0"N0 • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the Ho��t�,•of applications one 3/5/2024 Skmnne Ccr7r7 /f/elNi PrintNon+e JEIdebeth Nowak 31 • Cecilia M. Patterson Agenda Item 6 Page 11 Disclosure Disclosure Statement C;iry;,(t fry,ni�Bt�.t. Planning&Community _M Development Owner Disclosure ' Owner Name Rocky LLC Applicant Name Ceci I is M. Patterson Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business?XYes ❑No �imberly If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Hudgins Jud�udgins • If yes,list the businesses that have a parent-subsidiary;or affiliated business entity"relationship with the Owner. (Attach a list if necessary) Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes X NO • If yes,what is the name of the official or employee and what is the nature of the interest? "Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. °"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 51 ' Cecilia M. Patterson Agenda Item 6 Page 12 Disclosure Disclosure Statement Planning&Community Development � elagment Owner Services Disclosure 1. Does the Owner have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? 0 Yes ■ No • If yes,identify the financial institutions providing the service. 2. Does the Owner have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? O Yes ■ No • If yes,identify the company and individual providing the service. 3. Does the Owner have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?11 Yes 0 NO • If yes,identify the firm and individual providing the service. 4. Does the Owner have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?0 Yes 0 NO • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?❑Yes M NO • If yes,identify the purchaser and purchaser's service providers. 6. Does the Owner have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?❑Yes 0 NO • If yes,identify the company and individual providing the service. 7. Does the Owner have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?0 Yes 0 No • If yes,identify the firm and individual providing the service. Revised 11.09 2020 6 1 Cecilia M. Patterson Agenda Item 6 Page 13 Disclosure Disclosure Statement via OrV nt Van7 w fi—h Planning&Community Development 8. Is the Owner receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?❑Yes 0 NO • If yes,identify the firm and individual providing legal the service. Owner Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Owne Oign�alur. Print Name and Title dtctrlrl�tr ��3 Date_._.._ Revised 11.09.2020 2 P a P. Cecilia M. Patterson Agenda Item 6 Page 14 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-5692. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division,and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Cecilia M. Patterson Agenda Item 6 Page 15 Virginia Beach Planning Commission February 14, 2024, Public Meeting Agenda Item # 6 Cecelia M. Patterson RECOMMENDED FOR APPROVAL— CONSENT Ms. Cuellar: Thank you very much. The next item is item number six, a conditional use permit for a tattoo parlor. Is there a representative here today to speak on this item? Ms. Yamanashi: Hi, my name is Kira Yamanashi. I'm here representing Cecilia Patterson. Ms. Cuellar: Thank you very much, and are the conditions acceptable to you? Ms. Yamanashi: Yes, ma'am. Ms. Cuellar: Thank you very much. You may be seated. Is there any opposition to this item being placed on the consent agenda? Hearing none. I'll go ahead and read this item into the record. This is a request for a conditional use permit for a tattoo parlor. The applicant is requesting the permit to operate the tattoo parlor in a 2,200 square foot suite in an existing shopping center. The shopping center is located along Virginia Beach, Boulevard on property zoned B-2 Community Business District. There is no opposition to this application. Staff is recommending it for approval. The Planning Commission is recommending it for the consent agenda. Ms. Cuellar: Thank you very much. Mr. Chairman that was the last item on the consent agenda, the Planning Commission places the following applications on the consent agenda, items number 2, 3, 4, 6, 7, 9, 10, 11 and 12. Mr. Alcaraz: Alright, do I have a motion to approve this for consent? Ms. Cuellar: I move that these items be approved by consent. Ms. Hippen: So moved. Mr. Alcaraz: I have a motion from Ms. Cuellar and Ms. Hippen seconded it. Ms. Alcock: The vote is now open. Ms. Byler, can I have your verbal really quickly? Ms. Byler: Oh, never mind, it went through. Thank you. Ms. Alcock: By vote of 11 to 0 items number 2, 3, 4, 6, 7, 9, 10, 11 and 12 have been recommended for approval. AYE 11 NAY 0 ABS 0 ABSENT 0 Alcaraz AYE Anderson AYE B ler AYE Clemons AYE Coston AYE Cuellar AYE Estaris AYE Hi en AYE Mauch AYE Parks AYE Plumlee AYE CONDITIONS 1. A business license for the Tattoo Parlor shall not be issued to the applicant without the approval of the Health Department to ensure compliance with the provisions of Chapter 23- 51 of the City Code. 2. The actual application of tattoos shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 3. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon, electronic display or similar signage installed on the exterior of the building or in any window, or on the doors. Window signage shall not be permitted. A separate sign permit shall be obtained from the Department of Planning & Community Development for the installation of any new signs. OR pR n pR OR OR 01 - /i :-IR5s' �R5�S ee R5 t OR 1��h Str.--- - R5SS OR R5S G R5S � O`R� O R A18A18 CID cv OR OR OR -----_ Norfo jk A Scree Venue J RT �3 ,o RT3-RT3 ;. _R5S R5S R5S 7 OR OR - OR 915C Pacific LLC N ® Site . . 915 Pacific Avenue, Unit C WE s Property_Polygons Zoning Feet �� Building 0 3060 120 180 240 300 360 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: 915C PACIFIC, LLC [Applicant & Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 915 Pacific Avenue Unit C (GPIN 24272444111075). COUNCIL DISTRICT 5 MEETING DATE: March 19, 2024 ■ Background: The applicant is requesting a Conditional Use Permit to operate a Short Term Rental in a one-bedroom, 450 square-foot unit located at 915 Pacific Avenue, Unit C within the Pacific Place Condominiums. There are no current or past zoning violations associated with the subject property. The applicant has been advertising the property as a long-term rental, with a minimum 31-night stay, since January 18, 2023. ■ Considerations: The applicant is requesting to operate a one-bedroom, 450 square-foot Short Term Rental within the Pacific Place Condominiums. Short Term Rentals are prevalent on this property with a total of 16 previously approved Conditional Use Permits for Short Term Rentals. The one parking space required for this use is an assigned space within the condominium's parking lot. 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 14, 2024, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 11-0. 1. The following conditions shall only apply to the dwelling unit addressed as 915 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. 915C Pacific, LLC Page 2 of 4 4. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 5. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the 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. 915C Pacific, LLC Page 3 of 4 11 .All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31- 28. 12.Accessory structures shall not be used or occupied as Short Term Rentals. 13.No signage shall be on-site, except that each short term rental shall have one (1) four-square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 14.The Short Term Rental shall have no more than one (1) rental contract for every seven (7) consecutive days. 15.The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 16.There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 17.The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 18.The property owner, or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Such inspection shall include: 1) At least one fire extinguisher has been installed inside the unit (in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in effect at the of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, and 3) All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. Properties managed by Short Term Rental Companies certified by the Department of Planning shall only be required to be inspected every three years. The inspection for compliance with the requirements above shall be performed by the short term rental management company and be documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. 915C Pacific, LLC Page 4 of 4 Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors. The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. 19. A structural safety inspection report shall be provided to the city every three (3) years indicating all exterior stairways, decks, porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect) and are safe for use. The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks, porches, and balconies must be posted on each level of these structures. ■ Attachments: Staff Report and Disclosure Statements Location Map STR Vicinity Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. r Submitting Department/Agency: Planning Department City Manager:fT Applicant & Property owner: 915C Pacific, LLC Agenda Item Planning Commission PublicFebruary CouncilCity Virginia Beach Request Conditional Use Permit (Short Term Rental) Staff Recommendation Approval -- ' 15IH 51 C, n yG Staff Planner 141 St M DL Michaela McKinney Q13�HST ;1HSt p »TH SS I Location t11"St LAKE OR m ALLEY 1H�SZ" 915 Pacific Ave, Unit C rm NORFOLK AVE t m yt"sT G P I N " 9�"51 �`"ST � � ALLEY \ 24272444111075 S, H i DELAWARE AVE 7T Site Size V`RG N1A AVE p gTH SS 34,984 square feet (450 Square foot unit) cAROLHGAVLE NTAVE 5�"s} S ERRAOE AVE MAVE 4TH ST SALE 3R0 Si Existing Land Use and Zoning District Multi-family dwelling/OR Oceanfront Resort Surrounding Land Uses and Zoning Districts North Multi-family dwellings, commercial parking lot/ OR Oceanfront Resort R �. South 9th Street l . _� 14 Municipal Parking Garage/OR Oceanfront -'"r '"•^' : Resort ' ' East m _ Atlantic Avenue l Retail Shops/OR Oceanfront Resort . West Pacific Avenue Single-family dwellings/OR Oceanfront Resort YO RFQL,, - j is ►�.� 915C Pacific, LLC Agenda Item 12 Page 1 Background of Proposal Site Conditions and History • This 34,984 square foot parcel contains the Pacific Place Condominiums and is zoned OR Oceanfront Resort District. According to City records,this multi-family condominium was constructed in 1969. • On-street parking is not permitted on this portion of Pacific Avenue. • Although there are no current or past zoning violations on the site, when researching the property for the current request, staff found that the residence is currently utilized for rental stays no less than 31 days in length, from May 2023 to present.The services are offered via Airbnb.com.The applicant is seeking a Conditional Use Permit to offer short term rental services. • 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 17, 2024, is shown in the chart below: CURRENTLY ADVERTISED LAST KNOWN RENTAL REGISTERED WITH THE COMMISSIONER OF THE REVENUE No N/A No Short Term Rentals in the Vicinity G y x m LAK �E DR � ALLEY y PINEWOOD DR m N NORFOLK AVE9,„ 1 m g'S N Ln O gj N gt - A1.LE-Y E�WAREAVE itHSC gTN S Short Term Rentals CAR�LINA E'�E LLE I STR Permits(31) 915C Pacific, LLC Agenda Item 12 Page 2 Summary of Proposal The applicant submitted a Conditional Use Permit request to operate a Short Term Rental on the subject site.The regulations for Short Term Rental use are identified in Section 241.2 of the City Zoning Ordinance. Specific details pertaining to this application are listed below. • Number of bedrooms in the Short Term Rental: 1 • Maximum number of guests permitted on the property after 11:00 pm: 2 • Number of parking spaces required (1 space per bedroom required): 1 • Number of off-street parking spaces provided: 1 Zoning History # Request 1 CUP(Short Term Rental)Approved 11/14/2023 1 `1 CUP(Short Term Rental)Approved 08/15/2023 CUP(Short Term Rental)Approved 07/11/2023 CUP(Short Term Rental)Approved 05/16/2023 CUP(Short Term Rental)Approved 05/16/2023 1 CUP(Short Term Rental)Approved 06/12/2022 L� 1 CUP(Short Term Rental)Approved 04/05/2022 'm CUP(Short Term Rental)Approved 11/09/2021 m CUP(Short Term Rental)Approved 03/02/2021 CUP(Short Term Rental)Approved 10/20/2020 CUP(Short Term Rental)Approved 08/25/2020 CUP(Short Term Rental)Approved 08/25/2020 WS1 CUP(Short Term Rental)Approved 06/09/2020 CUP(Short Term Rental)Approved 04/06/2020 NORFOckwE CUP(Short Term Rental)Approved 02/04/2020 '1 2 CUP(Short Term Rental)Approved 12/13/2022 CUP(Short Term Rental)Approved 12/13/2022 CUP(Short Term Rental)Approved 12/13/2022 CUP(Short Term Rental)Approved 12/13/2022 CUP(Short Term Rental)Approved 12/13/2022 CUP(Short Term Rental)Approved 12/13/2022 Application Types CUP—Conditional Use Permit MDC—ModificationofConditions STC—Street Closure SVR—SubdivisionVariance REZ—Rezoning MDP—Modification of Proffers FVR—Floodplain Variance LUP—Land Use Plan CRZ—Conditional Rezoning NON—Nonconforming Use ALT—Alternative Compliance STIR—Short Term Rental EvaluationRecommendation The applicant is requesting to operate a one-bedroom, 450 square-foot Short Term Rental within the Pacific Place Condominium building. Short Term Rentals are prevalent on this property with a total of 15 approved Conditional Use Permits for the operation of Short Term Rentals. There is one assigned parking space associated with this unit in the condominium's parking lot. According to the City of Virginia Beach Zoning Ordinance, Appendix A,Article 23, Section 2303, (b), a., ii., "There are certain condominium properties that have historically operated as short term lodging units and have not experienced any inconvenience to 915C Pacific, LLC Agenda Item 12 Page 3 guests or the surrounding area without the required one (1) parking space per bedroom. Further, such properties are unable to provide the required parking on-site. For these condominium properties, the Zoning Administrator may, at his discretion, require one (1) parking space per dwelling unit similar to the requirement for lodging uses in the Oceanfront Resort District Form Based Code (ORDFBC).Such properties must provide written evidence of their past use and the Zoning Administrator shall find that there is no public inconvenience with the current parking design." Pacific Place Condominiums is one such property granted a historical exception to the Short Term Rental parking requirements of one space per bedroom;therefore, only one parking space is required for the entire unit. All other requirements of Section 241.2 and Section 2303 of the Zoning Ordinance regulating Short Term Rentals can be reasonably met with this application. The subject property lies in the Pacific Avenue corridor, which serves as the main north-south connector, including Atlantic Avenue, in the Resort Area.As identified in the Resort Area Strategic Action Plan (RASAP) 2030, both corridors serve as an area where many Resort Area visitors stay and gather.Therefore,the use of the unit as a Short Term Rental is consistent with this purpose.The unit would further provide diverse lodging opportunities for 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 915 Pacific Avenue, Unit C, and the Short Term Rental use shall only occur in the principal structure. 2. An annual (yearly) STIR Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwelling for Short-Term Rental purposes. 3. The dwelling unit shall comply with all required Fire and Building code requirements. 4. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 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 915C Pacific, LLC Agenda Item 12 Page 4 b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 9. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 10. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 11. All refuse shall be placed in automated refuse receptacles,where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 12. Accessory structures shall not be used or occupied as Short Term Rentals. 13. No signage shall be on-site, except that each short term rental shall have one (1)four-square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator,that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 14. The Short Term Rental shall have no more than one (1) rental contract for every seven (7)consecutive days. 15. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars($1,000,000) underwritten by insurers acceptable to the City. 16. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 17. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom,which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 18. The property owner, or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Such inspection shall include: 1)At least one fire extinguisher has been installed inside the unit (in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in effect at the of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, and 3)All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. Properties managed by Short Term Rental Companies certified by the Department of Planning shall only be required to be inspected every three years.The inspection for compliance with the requirements above shall be performed by the short term rental management company and be documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors. The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. 19. A structural safety inspection report shall be provided to the city every three (3)years indicating all exterior stairways, decks, porches,and balconies have been inspected by a licensed design professional qualified to perform 915C Pacific, LLC Agenda Item 12 Page 5 such inspection (engineer or architect)and are safe for use.The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks, porches, and balconies must be posted on each level of these structures. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. PublicOutreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on January 15, 2024. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays,January 31, 2024 and February 7, 2024. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on January 29, 2024. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of www.virginiabeach.gov/pc on February 8, 2024. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Tuesdays, March 5, 2024 and March 12, 2024. • As required by City Code, the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on March 4, 2024. • The City Clerk's Office posted the materials associated with the application on the City Council website of https:Hclerk.virginiabeach.gov/city-council on March 15, 2024. 915C Pacific, LLC Agenda Item 12 Page 6 r . i s w t y m _ t e Site Layout & Parking Plan f f • One assigned space in the parking lot ' ;4 A • Historical exemption to requirements; only one . space neededIwo "N .f �►- "� 915C Pacific, LLC Agenda Item 12 Page 7 Site Photos 101 .� 915C Pacific, LLC Agenda Item 12 Page 8 Disclosure Disclosure Statement Planning&Community Development The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board,commission or other body. Applicant Disclosure �j Applicant Name -1 1 5 C }�C�� L C_ Does the applicant have a representative? ❑Yes 91d 0 • If yes,list the name of the representative. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?IS es ❑ No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) �0.Cy-I-e— CV-k y p J D a,y% C. CV'Q row • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) h On E.-. '"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(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. li 915C Pacific, LLC Agenda Item 12 Page 9 Disclosure Disclosure Statement X� City of FY,girza B�.i Planning&Community, Development Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes NA-0 • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing,in connection with the subject of the application or any business operating or to be operated on the property? ❑Yes 2 No • If yes,identify the financial institutions providing the service 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes EK o • If yes,identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes 2-1410 • If yes,identify the firm and individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?ElYes D-16 • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?❑Yes D-601 • If yes,identify the purchaser and purchaser's service providers. Z � 915C Pacific, LLC Agenda Item 12 Page 10 Disclosure Disclosure Statement r`ey o/v�yv-ate! Planning&community Development 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?❑Yes 9YNo • If yes,identify the company and individual providing the service. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?ElYes 9-1 4-0 • If yes,identify the firm and individual providing the service. 8. Is the applicant receiving legal services iinN n connection with the subject of the application or any business operating or to be operated on the property?El Yes �J" o • If yes,identify the firm and Individual providing the service. Applicant Sienature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the Information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Applicant Sign re /� n -Ta C 4'1C C Pct t.t r�rec C o - Kno.k ot nq evi e At j6e r Print Name and Title I-II- �� Date is the applicant also the owner of the subject property? 9 es ❑ No • if yes,you do not need to fill out the owner disclosure statement. FOR ONLY/ that pertains to the applications of Date 24 signature OZ2s/Zo Print Name Michaela D.McKinney 31 915C Pacific, LLC Agenda Item 12 Page 11 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-5692. • 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. 915C Pacific, LLC Agenda Item 12 Page 12 STIR VICINITY MAP 915C PACIFIC, LLC m � T_ C� "PL m 11l V,S� LAKE OR r� ALLEY v y a PINEWOOD DR N NORFOLK AVE g H S 4 m gTN Sjw. m p ST H S� ALLEY WARE AVE �, NTH S V,RGiN�A AVE � � yjp 'v` roV Sj Short Term Rentals CAP, pk AVE a 0L ALLEY STR Permits(31) Virginia Beach Planning Commission February 14, 2024, Public Meeting Agenda Item # 11 915C Pacific, LLC RECOMMENDED FOR APPROVAL — CONSENT Ms. Cuellar: Thank you very much. Our next item is item number 11, a conditional use permit for a short-term rental. Is there a representative here today on this item? Ms. Alcock: Vice Chair, they're attending virtually, so I'm going to, Jackie Crawford. Ms. Cuellar: Pardon me? Were you going to speak on this item? Mr. Crawford: Yes, I'm David Crawford for 915C Pacific, LLC. Ms. Cuellar: And are the conditions acceptable to you? Mr. Crawford: Yes, ma'am. Ms. Cuellar: Okay. Just pardon me for a moment, Madam Clerk. Is there another individual? Ms. Alcock: I would assume that it is your wife, correct. Ms. Cuellar: Thank you for being here today. Okay. Is there any opposition to this item being placed on the consent agenda? Hearing none. I've asked Commissioner Plumlee to read this item into the record. Mr. Plumlee: The applicant 915C Pacific, LLC has requested a short-term rental conditional use permit to be located at 915 Pacific Avenue Unit C. The excellent planning staff for the City of Virginia Beach has recommended approval. This is within the district for this use, and the commission saw fit to place it on the consent agenda. Ms. Cuellar: Thank you very much. Mr. Chairman that was the last item on the consent agenda, the Planning Commission places the following applications on the consent agenda, items number 2, 3, 4, 6, 7, 9, 10, 11 and 12. Mr. Alcaraz: Alright, do I have a motion to approve this for consent? Ms. Cuellar: I move that these items be approved by consent. Ms. Hippen: So moved. Mr. Alcaraz: I have a motion from Ms. Cuellar and Ms. Hippen second it. Ms. Alcock: The vote is now open. Ms. Byler can I have your verbal really quickly? Ms. Byler: Oh, never mind, went through. Thank you. Ms. Alcock: By vote of 11 to 0 items number 2, 3, 4, 6, 7, 9, 10, 11 and 12 have been recommended for approval. AYE 11 NAY 0 ABS 0 ABSENT 0 Alcaraz AYE Anderson AYE B ler AYE Clemons AYE Coston AYE Cuellar AYE Estaris AYE Hi en AYE Mauch AYE Parks AYE Plumlee AYE CONDITIONS 1. The following conditions shall only apply to the dwelling unit addressed as 915 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. Properties managed by Short Term Rental Companies certified by the Department of Planning shall only be required to be inspected every three years. The inspection for compliance with the requirements above shall be performed by the short term rental management company and be documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors. The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. 19. A structural safety inspection report shall be provided to the city every three (3) years indicating all exterior stairways, decks, porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect) and are safe for use. The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks, porches, and balconies must be posted on each level of these structures. OR OR OR th scree Street OR 2$th OR OR OR OR OR q-2 4 CID Al2 0 Al2 A36 A36 Ccv, 0 A 12 0 tre L 01 hS OR R5S R5S 2 A1`2,'✓ OR OR 1 Maribel Joa N Site , -304 28th Street, Unit 211 W E ® s Property_Polygons Zoning Feet I -7 Building 0 1530 60 90 120 150 180 `QG�.,.`IA BFAch CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: MARIBEL JOA [Applicant] MARIBEL JOA & COURTNEY A CURRIE [Property Owners] Conditional Use Permit (Short Term Rental) for the property located at 304 28th St, Unit 211 (GPIN 24280028662011). COUNCIL DISTRICT 6 MEETING DATE: March 19, 2024 ■ Background: The applicant is requesting a Conditional Use Permit to operate a Short Term Rental in a two-bedroom, 974 square-foot unit of the Playa Rana Condominiums located at 304 28th St, Unit 211. A zoning complaint was made in 2022 for the operation of a Short Term Rental without a Conditional Use Permit; however, the complaint was with a prior owner, before the current applicant purchased the property. When the current applicant purchased the property in November 2023, she immediately applied for the Conditional Use Permit. After purchasing the property, the applicant also suspended all advertising and renting of this property as a Short Term Rental. ■ Considerations: The applicant is requesting to operate a two-bedroom, 974 square-foot Short Term Rental within the Playa Rana Condominium building. Short Term Rentals are prevalent on this property with a total of 8 approved Conditional Use Permits. There is one assigned parking space associated with this unit in the condominium's parking lot. Playa Rana Condominiums is one such property granted a historical exception to the Short Term Rental parking requirement of one space per bedroom; therefore, only one parking space is required for the entire unit. All other requirements of Section 241.2 and Section 2303 of the Zoning Ordinance regulating Short Term Rentals can be reasonably met with this application. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. There is no known opposition to this request. ■ Recommendation: On February 14, 2024, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 11-0. Maribel Joa Page 2 of 4 1. The following conditions shall only apply to the dwelling unit addressed as 304 28t" St, Unit 211, 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. Maribel Joa 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) All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. Maribel Joa Page 4 of 4 Properties managed by Short Term Rental Companies certified by the Department of Planning shall only be required to be inspected every three years. The inspection for compliance with the requirements above shall be performed by the short term rental management company and be documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors. The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. 19.A structural safety inspection report shall be provided to the city every three (3) years indicating all exterior stairways, decks, porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect) and are safe for use. The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks, porches, and balconies must be posted on each level of these structures. ■ Attachments: Staff Report and Disclosure Statements Location Map STIR Vicinity Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager Applicant: Maribel Joa Agenda Item Property Owner Courtney A Currie & Maribel Joa Planning Commission Public Hearing February i 2024 CouncilCity Virginia Beach Request Conditional Use Permit (Short Term Rental) Staff Recommendation Yttµ$-A Approval 330t4 g3Ru 51 �NF OSI Staff Planner T_ 1 Michaela McKinney �A K O'S7 m a Location to sc 304 28th Street, Unit 211 s a 24280028662011 ra 2gtN St ��{NP�F 5T Site Size ' SHHp`F 5t 53,138 square feet (974 square feet unit)"` zetH � 24TNSt �y -. 23R0 ,.2JRD HPIF SZ G 2gR0 5T m 22Np g1.`^' Existing Land Use and Zoning District i Condominiums/OR Oceanfront Resort Surrounding Land Uses and Zoning Districts North - -� i 281h Street IL ► . Hotel/OR Oceanfront Resort E �� ► p . South , 27th Half Streets M st •. Single-family dwellings, multi-family dwellings/ A-12 Apartment and A-36 Apartment e ` East Restaurant/OR Oceanfront Resort , West Arctic Avenue Grocery Store and Single Family Dwellings/OR :5 Oceanfront Resort/ R-5S Residential :r Maribel 1oa Agenda Item 12 Page 1 Background SummaryofProposal Site Conditions and History • This 53,138 square foot parcel contains the Playa Rana Condominiums and is zoned OR Oceanfront Resort District. According to City records, this multi-family condominium was constructed in 2008. • On-street parking is permitted 24-hours per day, therefore any overflow parking beyond the minimum parking spaces required could occur within the public street. • When researching the property for the current request, staff discovered a past zoning complaint from 2022 for operation of a Short Term Rental without a Conditional Use Permit; however the unpermitted STR operation was by a previous property owner.The current applicant purchased the property in November 2023 and applied for the Conditional Use Permit immediately thereafter. Upon purchase of the property, the applicant also suspended all advertising and renting of this property as a Short Term Rental. • Since this property was not registered with the Commissioner of Revenue nor paying transient occupancy taxes to the Commissioner of the Revenue prior to July 1, 2018,the property would not be considered a grandfathered Short Term Rental and thus would require a Conditional Use Permit prior to operating. • Known Short Term Rental activity as of January 17, 2024, is shown in the chart below: CURRENTLY ADVERTISED LAST KNOWN RENTAL REGISTERED WITH THE COMMISSIONER OF THE REVENUE No September 2023 No Short Term Rentals in the Vicinity Lp sKW RDOTH HALF sj r1 v. 7�X �r 30�H n T 9� st Z 29S c � 1 h j 1, rt - ZTZ H S 2TVH gT HpdT� 261H s 25TH HA 51 .,�y 1 f Short Term Rentals Z41V STR Permits(59) t fit! 24�H 5� Maribel Joa Agenda Item 12 Page 2 Summary of Proposal The applicant is requesting a Conditional Use Permit to operate a Short Term Rental on the subject site.The regulations for Short Term Rental use are identified in Section 241.2 of the City Zoning Ordinance.Specific details pertaining to this application are listed below. • Number of bedrooms in the Short Term Rental: 2 • Maximum number of guests permitted on the property after 11:00 pm: 4 • Number of parking spaces required (1 space per bedroom required): 2 • Number of off-street parking spaces provided: 1 OR OR Zoning History „1A # Request 1 CUP(Short Term Rental)Approved 07/06/2021 CUP(Short Term Rental)Approved 06/01/2021 CUP(Short Term Rental)Approved 06/01/2021 CUP(Short Term Rental)Approved 04/07/2021 OR `` CUP(Short Term Rental)Approved 10/20/2020 OR ' CUP(Short Term Rental)Approved 10/20/2020 'oItA CUP(Short Term Rental)Approved 09/08/2020 A36 Aas A72 CUP(Short Term Rental)Approved 09/08/2020 Al2 A 2 Application Types CUP—Conditional Use Permit MDC—Modification of Conditions STC—Street Closure SVR—Subdivision Variance REZ—Rezoning MDP—ModificationofProffers FVR—FloodplainVariance LUP—Land Use Plan CRZ—ConditionalRezoning NON—Nonconforming Use ALT—AlternativeCompliance STR—Short Term Rental Evaluation • • • The applicant is requesting to operate a two-bedroom, 974 square-foot Short Term Rental within the Playa Rana Condominium building. Short Term Rentals are prevalent on this property with a total of eight approved Conditional Use Permits for the operation of Short Term Rentals. There aFe twe is one assigned parking space associated with this unit in the condominium's parking lot.According to the City of Virginia Beach Zoning Ordinance, Appendix A,Article 23,Section 2303, (b), a., ii., "There are certain condominium properties that have historically operated as short term lodging units and have not experienced any inconvenience to guests or the surrounding area without the required one (1) parking space per bedroom. Further, such properties are unable to provide the required parking on-site. For these condominium properties, the Zoning Administrator may, at his discretion, require one (1) parking space per dwelling unit similar to the requirement for lodging uses in the Oceanfront Resort District Form Based Code (ORDFBC). Such properties must provide written evidence of their past use and the Zoning Administrator shall find that there is no public inconvenience with the current parking design." Playa Rana Maribel Joa Agenda Item 12 Page 3 Condominiums is one such property granted a historical exception to the Short Term Rental parking requirements of one space per bedroom;therefore,only one parking space is required for the entire unit.All other requirements of Section 241.2 and Section 2303 of the Zoning Ordinance regulating Short Term Rentals can be reasonably met with this application. Based on the considerations above, Staff recommends approval of this request with the conditions listed below. Recommended Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 304 28th St, Unit 211, 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. Maribel Joa Agenda Item 12 Page 4 11. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 12. Accessory structures shall not be used or occupied as Short Term Rentals. 13. No signage shall be on-site,except that each short term rental shall have one (1)four-square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator,that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 14. The Short Term Rental shall have no more than one (1) rental contract for every seven (7) consecutive days. 15. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars($1,000,000) underwritten by insurers acceptable to the City. 16. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 17. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 18. The property owner,or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Such inspection shall include: 1) At least one fire extinguisher has been installed inside the unit (in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in effect at the of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, and 3)All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. Properties managed by Short Term Rental Companies certified by the Department of Planning shall only be required to be inspected every three years.The inspection for compliance with the requirements above shall be performed by the short term rental management company and be documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. 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. Maribel 1oa Agenda Item 12 Page 5 The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. PublicOutreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on January 15, 2024. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays,January 31, 2024 and February 7, 2024. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on January 29, 2024. • This Staff report, as well as all reports for this Planning Commission's meeting,was posted on the Commission's webpage of www.virginiabeach.gov/pc on February 8, 2024. City Council • As required by City Code, this item was advertised in the Virginian-Pilot Beacon on Tuesdays, March 5, 2024 and March 12, 2024. • As required by City Code, the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on March 4, 2024. • The City Clerk's Office posted the materials associated with the application on the City Council website of https:Hclerk.virginiabeach.gov/city-council on March 15, 2024. Maribel Joa Agenda Item 12 Page 6 LayoutSite ems.., •: , y .r , s f r y� One assigned space in �= the parking lot Historical exemption to requirements; only one .�+ space needed Maribel Joa Agenda Item 12 Page 7 Site Photos — r t. r ` C '.t Maribel Joa Agenda Item 12 Page 8 Disclosure Disclosure Statement C8g of t'iyirua Broth Planning&Community Development The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board,commission or other body. Applicant Disclosure Applicant Name Maribel Joa Does the applicant have a representative? ❑Yes M No • If yes,list the name of the representative. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?0 Yes M No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) • If yes,list the businesses that have a parent-subsidiary)or affiliated business entity`relationship with the applicant. (Attach a list if necessary) "Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§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,IN)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11,09.2020 1 Maribel Joa Agenda Item 12 Page 9 Disclosure Disclosure Statement ID Planning&Community Development Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes ENO • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ®Yes ❑ No • If yes,identify the financial institutions providing the service. Union Home Mortgage 2. Does the applicant have a real estate broker/agent/reakor for current and anticipated future sales of the subject property? ❑Yes 0 No • If yes,identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes E NO • If yes,identify the firm and individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes IN No • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?❑Yes R No • If yes,identify the purchaser and purchaser's service providers. Revised 11.09.2020 2 Maribel Joa Agenda Item 12 Page 10 Disclosure Disclosure Statement City of Bi'v-&vim Planning&Community Development 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?❑Yes ® No • If yes,identify the company and individual providing the service. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?❑Yes ENo • If yes,identify the firm and individual providing the service. 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?❑Yes R No • If yes,identify the firm and individual providing the service. Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks priorto the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Applicant Signature Maribel Joa Print Name and Title Dec 1, 2023 Date Is the applicant also the owner of the subject property? 0 Yes ❑ No • If yes,you do not need to fill out the owner disclosure statement. FORaTY USE ONLYI All disclosures must be u!adated weeks 5!rior to an-Planninp,Commission and Cit-Council meeti%— that pertains to the applications ® No changes as of Date 03/01/24 Signature -�,cA. /_ Z�1 . Print Name Michaela D. McKinney 3 � Maribel Joa Agenda Item 12 Page 11 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision, the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-5692. • 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. Maribel Joa Agenda Item 12 Page 12 STR VICINITY MAP MART BEL JOA 32ND t �SK1N R1D tH NA�F gS 3� 30TH 5� �n � r m G � 2 p c26-�N>`.t 26jN S1 Q- v '( v 26 S1 Z� 25S rp,LF 5 T H nc 0 251H m O`cc -- �, HA� _S Short Term Rentals �G �� 2H ZAT STR Permits(59) m 2aTN Sj . Virginia Beach Planning Commission February 14, 2024, Public Meeting Agenda Item # 12 Maribel Joa RECOMMENDED FOR APPROVAL —CONSENT Ms. Cuellar: Thank you very much, and the next item will be item number 12, conditional use permit for a short-term rental. Is their representative here to speak on this item? Welcome. Hi, could you please state your name for the record. Ms. Joa: Maribel Joa. Ms. Cuellar: And are the conditions agreeable to you? Ms. Joa: Yes. Ms. Cuellar: Thank you very much. Is there any opposition to this item being placed on the consent agenda? Hearing none. I've asked Commissioner Plumlee to read this item into the record. Mr. Plumlee: The applicant Maribel Joa has requested a short-term rental conditional use permit at 304 28th Street Unit 211. It has been reviewed thoroughly by our excellent staff and recommended for approval, and it's within the appropriate district. Ms. Cuellar: Thank you very much. Mr. Chairman that was the last item on the consent agenda, the Planning Commission places the following applications on the consent agenda, items number 2, 3, 4, 6, 7, 9, 10, 11 and 12. Mr. Alcaraz: Alright, do I have a motion to approve this for consent? Ms. Cuellar: I move that these items be approved by consent. Ms. Hippen: So moved. Mr. Alcaraz: I have a motion from Ms. Cuellar and Ms. Hippen second it. Ms. Alcock: The vote is now open. Ms. Byler can I have your verbal really quickly? Ms. Byler: Oh, never mind, went through. Thank you. Ms. Alcock: By vote of 11 to 0 items number 2, 3, 4, 6, 7, 9, 10, 11 and 12 have been recommended for approval. AYE 11 NAY 0 ABS 0 ABSENT 0 Alcaraz AYE Anderson AYE B ler AYE Clemons AYE Coston AYE Cuellar AYE Estaris AYE Hi en AYE Mauch AYE Parks AYE Plumlee AYE CONDITIONS 1. The following conditions shall only apply to the dwelling unit addressed as 304 28th St, Unit 211, and the Short Term Rental use shall only occur in the principal structure. 2. An annual (yearly) STR Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwelling for Short- Term Rental purposes. 3. The dwelling unit shall comply with all required Fire and Building code requirements. 4. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 5. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 6. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 7. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes and to be physical present at the Short Term Rental within one (1) hour. 8. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements `a' through `c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 9. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 10. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 11. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 12. Accessory structures shall not be used or occupied as Short Term Rentals. 13. No signage shall be on-site, except that each short term rental shall have one (1) four- square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 14. The Short Term Rental shall have no more than one (1) rental contract for every seven (7) consecutive days. 15. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 16. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 17. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 18. The property owner, or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Such inspection shall include: 1) At least one fire extinguisher has been installed inside the unit (in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in effect at the of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, and 3) All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. Properties managed by Short Term Rental Companies certified by the Department of Planning shall only be required to be inspected every three years. The inspection for compliance with the requirements above shall be performed by the short term rental management company and be documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors. The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. 19. A structural safety inspection report shall be provided to the city every three (3) years indicating all exterior stairways, decks, porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect) and are safe for use. The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks, porches, and balconies must be posted on each level of these structures. L. APPOINTMENTS 90-DAY FESTIVAL TASK FORCE ADVERTISING ADVISORY COMMITTEE BAYFRONT ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION CLEAN COMMUNITY COMMISSION COMMUNITY POLICY AND MANAGEMENT TEAM COMMUNITY SERVICES BOARD GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HOUSING ADVISORY BOARD INDEPENDENT CITIZEN REVIEW BOARD MINORITY BUSINESS COUNCIL PERSONNEL BOARD RESORT ADVISORY COMMISSION SENIOR SERVICES OF SOUTHEASTERN VIRGINIA BOARD SHORT TERM RENTAL ENFORCEMENT TASK FORCE TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE VIRGINIA BEACH CANNABIS ADVISORY TASK FORCE M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 3854303 The Agenda (including all backup documents) is available at https://clerk.virginiabeach. og v/city- council under the eDocs Document Archive. If you would like to receive by email a list of the agenda items for each Council meeting, please submit your request to TChelius(avb o� v.com or call 385-4303. Citizens who wish to speak can sign up either in-person or virtually via WebEx. Anyone wishing to participate virtually, must follow the two-step process provided below: 1. Register for the WebEx at: https:Hvbgov.webex.com/weblink/register/re9eO662ba478e67eac8l I db4c8eOeab5 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on March 19, 2024. CITY OF VIRGINIA BEACH R SUMMARY OF COUNCIL ACTIONS O S B H S E U S DATE:03/05/2024 PAGE: 1 R T H C L H C R A H T W W U E H E M R U A I O C D N E M M O L Y L O C Y L S I O U M L S T AGENDA H E E O C N S A O O E ITEM# SUBJECT MOTION VOTE I R Y N K D E N R N N I. CITY COUNCIL'S BRIEFINGS A. 2024 GENERAL ASSEMBLY UPDATE Andrew Damon on behalf of Brent McKenzie, Legislative Affairs Liaison B. TIDEWATER COMMUNITY COLLEGE RESCHEDULED MISSION,PROGRAMS,ENROLLMENT UPDATE Dr.Marcia Conston, (Requested by Vice Mayor Wilson and Council President—Tidewater Members Berlucchi,and Hutcheson) Community College C. REINVESTMENT IN SPORTS STUDY IN Brian Connolly, CURRENT FACILITIES President—Victus II. CITY MANAGER'S BRIEFING A. SMART SCALE UPDATE Katie Shannon, Engineering Support Manager—Public Works III-VI CERTIFICATION OF CLOSED SESSION CERTIFIED 10-0 Y Y Y A Y Y Y Y Y Y Y A-F G. MINUTES 1. INFORMAL AND FORMAL SESSIONS APPROVED 10-0 Y Y Y A Y Y Y Y Y Y Y February 20,2024 2 FORMAL SESSION APPROVED 10-0 Y Y Y A Y Y Y Y Y Y Y February 27,2024 H. MAYOR'S PRESENTATIONS 1. PROCLAMATION—Women's History Month 2. PROCLAMATION—Honoring Women in Public Safety I. PUBLIC HEARING 1. DEDICATION OF PROPERTY NO SPEAKERS 2750 Elbow Road(523 square feet of right-of- way)to the City of Chesapeake republic project 2. CAFE FRANCHISE AGREEMENTS NO SPEAKERS a. Dunes Investment Association,LLC,t/a The Dunes Caf€re boardwalk cafe b. Seda Inc.t/a 21'Street Grill Cafe re sidewalk cafe C. Atlantic Lobsta,LLC,t/a Mason's Famous Lobster Rolls Cafe re sidewalk cafe d. Colonial Inn VB, LLC, t/a Fishtails Cafe re boardwalk cafe e. Fogg's Seafood Company,t/a Waterman's Surfside Grille Cafe re boardwalk cafe f. Baja Taco's,Inc.,t/a Baja Cantina Cafe re sidewalk cafe g. Chix Sea Grille,LLC,t/a Chix Cafe re boardwalk cafb h. Fish-N-Bones, Inc., t/a Fish Bones Cafe re boardwalk cafe i. Dandrea, LLC, t/a IL Giardino Cafe re sidewalk cafe j. Jumpin Shrimp Inc. t/a Jumpin Shrimp Cafe re boardwalk cafe k. Scrambled Inc.,t/a Scrambled Cafe re sidewalk cafe Gold Key/PHR Food Services,LLC,t/a Tortugas I. Cafe and Tiki Bar re boardwalk cafe Dunes Investment Associates,LLC,t/a Station 10 In. Cafe re boardwalk cafe CITY OF VIRGINIA BEACH R SUMMARY OF COUNCIL ACTIONS O S B H S E U S DATE:03/05/2024 PAGE: 2 R T H C L H C R A H T W W U E H E M R U A I O C D N E M M O L Y L O C Y L S 1 O U M L S T AGENDA H E E O C N S A O O E ITEM# SUBJECT MOTION VOTE I R Y N K D E N R N L N J. BID SUMMARY 1. MANAGEMENT OF CITY PROPERTY 2044 Landstown Centre Way/Sportsplex and Field Hockey Center L.1. Ordinance to AMEND City Code Section 2-3-1 ADOPTED,BY 10-0 Y Y Y A Y Y Y Y Y Y Y pertaining to the Attendance Policy/AMEND the CONSENT Final Report to City Council of the Citizens Committee on Boards and Commissions re Boards and Commissions L.2. Resolution to AMEND Student Members re Flood ADOPTED,BY 10-0 Y Y Y A Y Y Y Y Y Y Y Prevention Bond Referendum Oversight Board CONSENT L.3. Resolution to ESTABLISH a Stormwater DEFERRED TO 10-0 Y Y Y A Y Y Y Y Y Y Y Management Implementation Advisory Group MARCH 19,2024, BY CONSENT LA. Resolution to AUTHORIZE and DIRECT the City ADOPTED,BY 10-0 Y Y Y A Y Y Y Y Y Y Y Manager to EXECUTE a Mutual Aid Agreement CONSENT re Fire and Rescue Services among localities in Hampton Roads L.5. Ordinance to DECLARE 9,833t square feet of ADOPTED,BY 10-0 Y Y Y A Y Y Y Y Y Y l City-owned property at Ferry Point Road to be in CONSENT Excess of the City's Needs and AUTHORIZE the City Manager to convey to Meader Properties, LLC DISTRICT 7 1-6. Ordinance to AUTHORIZE temporary ADOPTED,BY 10-0 Y Y Y A Y Y Y Y Y Y 1 encroachments into the City-owned drainage, CONSENT Maintenance and variable width impoundment easement at the rear of 5945 Glen View Drive re maintain existing fence and construct and maintain rip rap revetment DISTRICT 7 L.7. Ordinance to AUTHORIZE temporary ADOPTED,BY 10-0 Y Y Y A Y Y Y Y Y Y Y encroachments into the City-owned property known CONSENT as Starboard Canal and Island Lake at the rear of 2428 Windward Shore Drive re construct and maintain a revetment encroaching variable distances, a timber pier, floating dock with aluminum gangway and a covered boat lift DISTRICT 8 L.8. Ordinance to AUTHORIZE temporary ADOPTED,BY 10-0 Y Y Y A Y Y Y Y Y Y Y encroachment into the City-owned property known CONSENT as Treasure Canal at the rear of 2204 Windward Shore Drive re maintain an existing bulkhead, construct and maintain a timber bulkhead with a return wall,sand backflll,and topsoil/turfgrass, timber open pile wharf, timber pile overhead beam boatlift and boatlift electrical cable DISTRICT 8 L.9. Ordinance to AUTHORIZE temporary ADOPTED,BY 10-0 Y Y Y A Y Y Y Y Y Y Y encroachment into the City-owned property known CONSENT as Chesapeake Bay at the rear of 2810 Ocean Shore Avenue re maintain existing wood steps with metal rails,moveable wood platform and wood retaining wall and construct and maintain a wood fence/retaining wall DISTRICT 8 CITY OF VIRGINIA BEACH R SUMMARY OF COUNCIL ACTIONS O S B H S E U - S DATE:03/05/2024 PAGE: 3 R T H C L H C R A H T W W U E H E M R U A I O C D N E M M O L Y L O C Y L S I O U M L S T AGENDA H E E O C N S A O O E ITEM# SUBJECT MOTION VOTE I R Y N K D F N R N N L.10. Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY 9-0 1 1 1 A Y Y Y Y Y A Y $290,000 from Dominion Energy Virginia for CONSENT B Section 106 Mitigation of Adverse Visual Effects to S the FY 2023-24 Planning and Community T Development Operating Budget re Coastal A Virginia Offshore Wind Commercial Project/ I historic preservation program priorities N E D L.11. Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY 10-0 Y Y Y A Y Y Y Y Y Y Y $19,446 from the Virginia Department of Criminal CONSENT Justice Services to the FY 2023-24 Human Services Operating Budget re salary increases in Community Corrections and Pretrial Services M.1. RUFFIN 86,LLC for a Variance to Section 4.4(c) APPROVED/ 10-0 l l 1" A Y Y Y Y Y Y 1 of the Subdivision Regulations re demolish three CONDITIONED, (3)dwelling units to construct one-single family BY CONSENT dwelling at 109 A&B 861"Street&8600 Ocean Front Avenue DISTRICT 6 M.2. C THE JEMS, LLC / JONATHAN APPROVED/ 1 u-0 l Y 1 A Y Y Y Y Y Y Y PROPERTIES, LLC for a Modification of MODIFIED/AS Proffers to a Conditional Change of Zoning and a PROFFERED/ Conditional Use Permit re bulk storage yard—tow CONDITIONED, at 2625 Horse Pasture Road DISTRICT 5 BY CONSENT V. APPOINTMENTS RESCHEDULED 13 1 C O N S E N S U S 90-DAY FESTIVAL TASK FORCE BAYFRONT ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION CLEAN COMMUNITY COMMISSION COMMUNITY POLICY AND MANAGEMENT TEAM GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD PERSONNEL BOARD RESORT ADVISORY COMMISSION SENIOR SERVICES OF SOUTHEASTERN VA BOARD SHORT TERM RENTAL ENFORCEMENT TASK FORCE TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE VIRGINIA BEACH CANNABIS ADVISORY TASK FORCE ATLANTIC PARK COMMUNITY Appointed: I Y l A Y Y Y Y Y Y Y DEVELOPMENT AUTHORITY Council Member David Hutcheson Elected term thru 12/31/2024 BAYFRONT ADVISORY COMMISSION Appointed: 10-0 Y Y 1" A Y Y Y Y Y Y Y Sandford Cohen 3 Year Term 3/5/2024-2/28/2027 CLEAN COMMUNITY COMMISSION Reappointed: 10-0 Y 1 1 A Y Y Y Y Y Y Y Dianna McDowell Sandra Shinabarger 3 Year Term 4/l/2024-3/31/2027 CITY OF VIRGINIA BEACH R SUMMARY OF COUNCIL ACTIONS O S B H S E U S DATE:03/05/2024 PAGE: 4 R T H C L H C R A H T W W U E H E M R U A 1 O C D N E M M O L Y L O C Y L S I O U M L S T AGENDA H E E O C N S A O O E ITEM# SUBJECT MOTION VOTE I R Y N K D 1: N R N N DEFERRED COMPENSATION BOARD Appointed: 10-0 Y Y l \ Y Y l Y Y Y Y Council Member David Hutcheson No Term FLOOD PREVENTION BOND REFERENDUM Appointed: 10-0 Y Y 1' \ Y Y Y Y Y l' Y OVERSIGHT BOARD Isabelle Chao Torrence Spreder Representing Student Members 3/5/2024— 6/30/2025(Student Tenn) HAMPTON ROADS TRANSPORT PLANNING Appointed: 10-0 Y Y Y A Y Y Y Y Y Y Y ORGANIZATION Council Member Joashua Schulman —Representing Alternate Member No Term I II;ALTH SERVICES ADVISORY BOARD Appointed: 10-0 Y 1" Y A Y Y Y Y Y Y l Carol Ashman 3 Year Term 4/1/2024-3/31/2027 HUMAN RIGHTS COMMISSION Appointed: 10-0 Y Y Y A Y Y Y Y Y Y Y Jackson Doane 3 Year Term 4/l/2024-3/31/2027 Reappointed: Jamal Gunn 3 Year Term 4/1/2024-3/31/2027 Sylvia Strickland 1 Year Term 4/l/2024-3/31/2025 MILITARY ECONOMIC DEVELOPMENT Appointed: 10-0 Y Y Y \ l l' Y Y Y Y Y ADVISORY COMMITTEE Eric Keplinger— Representing Development Authority Unexpired thru 2/29/2028 Robert Holmes Unexpired thru 2/28/2025 +5 Year Term 3/l/2025—2/28/2030 OLD BEACH DESIGN REVIEW COMMITTEE Appointed: 10-0 Y Y 1' \ Y l 1' l Y Y Y Jeremy Maloney— Representing Resort Advisory Commission No Term PERSONNEL BOARD Reappointed: 10-0 Y Y Y \ Y Y Y 1" Y Y Y Susan Salafranca— Representing Alternate Merit Service Employee Member 3 Year Term 4/l/2024-3/31/2027 CITY OF VIRGINIA BEACH R SUMMARY OF COUNCIL ACTIONS O S B II S E U S DATE:03/05/2024 PAGE: 5 R T H C L H C R A H T W W U E H E M R U A 1 O C D N E M M O L Y L O C Y L S 1 O U M L S T AGENDA H E E O C N S A O O E ITEM# SUBJECT MOTION VOTE I R Y N K D E N R N N RESORT ADVISORY COMMISSION Appointed: 10-0 Y Y Y A Y Y Y Y Y Y 1 Julian Rivera Harshad Barot— Representing VB Division of Hampton Roads Chamber of Commerce Unexpired thru 2/28/2025 +3 Year Term 3/1/2025—2/29/2028 SHORT TERM RENTAL ENFORCEMENT Appointed: 10-0 Y Y Y Y Y Y Y Y Y Y TASK FORCE Andy Cohen John Drescher Elaine Fekete Phillip Hines John Mannarino Aric Martinez No Term STORMWATER APPEALS BOARD Reappointed: 10-0 Y Y Y A Y Y Y Y Y Y Y Reappointed: Terry Berglund— Terry Berglund—Representing Environmental Representing Engineer Environmental Wear Term Engineer 4/1/2024-3/31/2027 Wear Term 4/1/2024-3/31/2027 VIRGINIA BEACH COMMUNITY Appointed: 10-0 Y Y Y A Y Y Y Y Y l Y DEVELOPMENT CORPORATION Jeremy Johnson Unexpired thru 12/31/2024 +4 Year Term 1/I/2025— 12/31/2028 VIRGINIA BEACH VA250 COMMITTEE Appointed: 10-0 Y Y Y 1 l' 1' Y 1' l Y Y Roberta Gribble— Representing Historical Group Unexpired thru 7/4/2026 CITY COUNCIL LIAISONS: Appointed: 10-0 Y Y Y A Y Y Y Y Y Y Y COMMUNITY SERVICES BOARD David Hutcheson Jennifer Rouse O. UNFINISHED BUSINESS 1,. NEW BUSINESS Q. ADJOURNMENT 6:29 PM OPEN DIALOGUE 7:26 PM 19 SPEAKERS