The URL can be used to link to this page

05-04-2021 FORMAL SESSION AGENDA CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL ♦aA•azi� MAYOR ROBERT M. "BOBBY"DYER,At Large J ' �L VICE MAYOR JAMES L. WOOD,Lynnhaven-District 5 4 JESSICA P.ABBOTT,Kempsville-District 2 MICHAEL F.BERLUCCHI,Rose Hall-District 3 r BARBARA M.HENLEY,Princess Anne-District 7 ` S LOUIS R JONES,Bayside-District 4 JOHND.MOSS,At Large AARONR.ROUSE,At Large e• 0. °"` GUYK TOWER,Beach-District 6 ROSEMARY WILSON,At Large SABRINA D.WOOTEN,Centerville-District I CITY HALL BUILDING CITY COUNCIL APPOINTEES CITY COUNCIL AGENDA 2401 COURTHOUSE DRIVE CITY MANAGER-PATRICK A.DUHANEY VIRGINIA BEACH, VIRGINIA 23456-9005 CITY ATTORNEY-MARK D.STILES PHONE:(757)385-4303 CITY ASSESSOR-RONALD D.AGNOR May 4,2021 FAX(757)385-5669 CITY AUDITOR-LYNDONS.REMIAS E-MAIL:CITYCOUNCIL@vbgov.com CITY CLERK-AMANDA BARNES MAYOR ROBERT M. "BOBBY" DYER PRESIDING I. CITY COUNCIL'S BRIEFING -Virginia Beach Convention Center- 12:30 PM A. Virginia Beach Community Development Corporation (VBCDC) Audit Response and Current Status Frank McKinney, Board Chair Jessica Guglielmo, President and CEO II. CITY COUNCIL RECONCILIATION 1:00 PM A. FY 2021-22 RESOURCE MANAGEMENT PLAN(Budget) Operating and Capital Budgets III. COUNCIL LIAISON REPORTS 2:00 PM IV. CITY COUNCIL COMMENTS 2:15 PM V. CITY COUNCIL AGENDA REVIEW 2:30 PM VI. INFORMAL SESSION - Virginia Beach Convention Center- 2:45 PM A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VII. FORMAL SESSION - Virginia Beach Convention Center- 6:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer B. INVOCATION C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS April 20, 2021 2. SPECIAL SESSION April 21, 2021 3. SPECIAL SESSION April 27, 2021 (regularly scheduled Workshop) 4. SPECIAL SESSION April 27, 2021 (public hearing- proposed real property tax increase) G. MAYOR'S PRESENTATIONS 1. HISTORIC PRESERVATION MONTH Dr. Stephen Mansfield, Archivist and Vice President for Academic Affairs and Kenneth R. Perry Dean of the College Emeritus, Virginia Wesleyan University 2. NATIONAL TRAVEL AND TOURISM WEEK (NTTW) Nancy Heiman, Interim Director, Convention and Visitors Bureau H. ORDINANCES/RESOLUTION 1. Ordinance to AMEND City Code Section 2-75 re non-merit and merit employees 2. Ordinances to AWARD a$5,000 Community Services micro-grant to: a. Greater Hampton Roads Diaper Bank re assist with cost of purchasing diapers b. Men of Faith, Inc., re hold a basketball camp at Virginia Beach Sports Center (Requested by Mayor Dyer) 3. Resolution to REQUEST the Commonwealth of Virginia Public Health Commissioner to DESIGNATE Virginia Beach as a Single Public Health District and AUTHORIZE certain actions in furtherance of such designation 4. Ordinance to AUTHORIZE the acquisition of property in fee simple for right-of-way re West Neck Road Phase IV Project and the acquisition of temporary and permanent easements, either by agreement or condemnation 5. Ordinance to AUTHORIZE temporary encroachments into a portion of City-Owned property known as Lake Wesley located at the rear of 542 Southside Road re maintain an existing bulkhead, and construct and maintain proposed piles, boat lift, riprap, ramp, floating dock, and jet ski floats 6. Ordinance to APPROPRIATE $97,000 to provide an interest free loan to Plaza Volunteer Rescue Squad re purchase of a new ambulance 7. Ordinance to ACCEPT and APPROPRIATE $10,530 from the Virginia Department of Forestry to FY2020-21 Parks and Recreation Operating Budget and AUTHORIZE a local match re community tree planting initiatives 8. Ordinance to TRANSFER $400,000 from Capital Project#100075, "21St Century Enterprise Resource Planning" to Capital Project #10095, "Enterprise Scheduling and Timekeeping System" re implementation of TeleStaff for the Police Department and Emergency Communications and Citizen Services I. PLANNING 1. GEORGE RANDOLPH WEBB,JR. & LELIA GRAHAM WEBB for a Street Closure re 25-foot wide by 125-foot long portion of Holly Road adjacent to 401 49th Street DISTRICT 5 —LYNNHAVEN(Deferred from April 20, 2021) RECOMMENDATION: APPROVAL 2. OCEANFRONT INVESTMENTS,LLC for a Street Closure re 420 square foot portion of Atlantic Avenue adjacent to 4201 Atlantic Avenue DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 3. GRACE BIBLE CHURCH OF VIRGINIA BEACH,INC.for a Modification of Conditions re religious use adjacent and South of 2285 London Bridge Road DISTRICT 7—PRINCESS ANNE RECOMMENDATION: APPROVAL 4. CESJB, LLC for a Conditional Use Permit re short term rental at 409 24th '/2 Street DISTRICT 6—BEACH(Deferred from April 6, 2021) RECOMMENDATION: APPROVAL J. APPOINTMENTS 2040 VISION TO ACTION COMMUNITY COALITION AUDIT COMMITTEE BIKEWAYS AND TRAILS ADVISORY COMMI I't'hE CHESAPEAKE BAY PRESERVATION AREA BOARD CITIZENS REVIEW PANEL TASK FORCE CLEAN COMMUNITY COMMISSION COMMUNITY POLICY AND MANAGEMENT TEAM COMMUNITY SERVICES BOARD GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HUMAN RIGHTS COMMISSION IN HOUSE PHARMACY EXPLORATORY COMMITTEE INVESTIGATION REVIEW PANEL MINORITY BUSINESS COUNCIL OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PROCESS IMPROVEMENT STEERING COMMITTEE SOUTHEASTERN PUBLIC SERVICE AUTHORITY OF VIRGINIA TOWING ADVISORY BOARD TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE K. UNFINISHED BUSINESS L. NEW BUSINESS M. ADJOURNMENT xxxxx.************** OPEN DIALOGUE Non-Agenda Items Each Speaker will be allowed 3 minutes ********************************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 **************************** The Agenda(including all backup documents)is available at https://www.vbgov.com/governmerlt/departments/city-clerk/city-council under the eDocs Document Archive. If you would lice to receive by email a list of the agenda items for each Council meeting,please submit your request to pmcgraw@vbgov.com or call 385-4303. Citizens who wish to speak can sign up either in-person at the Convention Center or virtually via WebEx. Anyone wishing to participate virtually, must follow the two-step process provided below: 1. Register for the WebEx at: https://vbgov.webex.com/vbgov/onstage/g.php?MTID=e7709082b8d1 e6abe69097e88345 e2eda 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on May 4, 2021. 5/4/2021 jag I. CITY COUNCIL'S BRIEFING -Virginia Beach Convention Center- 12:30 PM A. Virginia Beach Community Development Corporation(VBCDC) Audit Response and Current Status Frank McKinney, Board Chair Jessica Guglielmo, President and CEO II. CITY COUNCIL RECONCILIATION 1:00 PM A. FY 2021-22 RESOURCE MANAGEMENT PLAN(Budget) Operating and Capital Budgets III. COUNCIL LIAISON REPORTS 2:00 PM IV. CITY COUNCIL COMMENTS 2:15 PM V. CITY COUNCIL AGENDA REVIEW 2:30 PM VI. INFORMAL SESSION - Virginia Beach Convention Center- 2:45 PM A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VII. FORMAL SESSION - Virginia Beach Convention Center- 6:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer B. INVOCATION C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS April 20, 2021 2. SPECIAL SESSION April 21,2021 3. SPECIAL SESSION April 27, 2021 (regularly scheduled Workshop) 4. SPECIAL SESSION April 27,2021 (public hearing -proposed real property tax increase) G. MAYOR'S PRESENTATIONS 1. HISTORIC PRESERVATION MONTH Dr. Stephen Mansfield, Archivist and Vice President for Academic Affairs and Kenneth R. Perry Dean of the College Emeritus, Virginia Wesleyan University 2. NATIONAL TRAVEL AND TOURISM WEEK (NTTW) Nancy Helman, Interim Director, Convention and Visitors Bureau 01.1 A BBEAc 5 ry • 9is 04 pS\oN Vtotiamation Whereas: 'The National Trust for.7fistonc Preservation created Preservation 'Week in 1973 to spotlight grassroots efforts in historic preservation in America;and Whereas: President Richard M. Nixon signed a resolution designating the week of gifily 6 to 12, 1973 as NationafPreservation Week and Whereas: 'The National Trust expanded the celebration to a month-long observance in 2005;and `Whereas: ,States and communities across the country now recognize the month of May as 9futoric Preservation .Month;and 'Whereas: The Princess Anne County/Virginia Beach 9futorica(Society was chartered in as the Princess Anne County 7fistorical Society in 1961 and has actively worked to preserve the county's and the city's history for the past 60 years;and Whereas: The Historical Society's mission is to foster awareness and stimulate interest in the history of Princess Anne County and Virginia Beach and to encourage the citizens of the community in the preservation and restoration of historic properties within the city;and Whereas: The HistoricalSociety's mission is also to develop programs for the interpretation of the community's heritage and the stewardship of historical resources;and 'Whereas: The 7fistoricaf Society has been active in the preservation of the Pembroke Manor and tipper Wolfsnare houses;and Whereas: 'Virginia Beach has 22 individual historic properties, including Pembroke Manor and 'Upper Woffsnare,fisted in the National Register ofJfutoric Places;and Whereas: The`6'irginia'Beach City Council established the Historic Preservation Commission in 2008 to advise them on all issues related to the preservation of historic buifdings, structures, and sites in the city; and 'Whereat The City of'Virginia Beach was designated a Certified Local Government 6y the National-Park Service in 2016, recognizing that Virginia Beach has put key elements of a sound preservation program in place for our community;and 'Whereas: In 2020 the City of Virginia Beach completeda city-wide archaeofogicaf assessment anda city-wide architecturafresources survey update in 2020;and Wherear. The`Mayor and City Council support the preservation of`Virginia Beach's diverse and rich heritage and historic resources. .7fowqrserefore,I,Robert M. "Bobby'(Dyer,!Mayor of the City of Virginia Beach,Virginia,do hereby proclaim %lay 2021 • stori Jfc 2'reserrvation Month In Virginia Beach, and furthermore calf upon the citizens, government agencies, public and private institutions, businesses and schools in 'Virginia Beach to recognize the importance of 7Gstoric Preservation in maintaining the historical identity of the city and to commemorate this month with appropriate activities. In Witness 'Whereof I have hereunto set my hand and caused the Official Seal of the City of'Virginia Beach, Virginia,to be affixed this Tourth Day of flfay,'Two Thousand'wenty-One. - ##'4g°.e ‘ 4°44 Robert fit. "Bobby'Dyer 'Mayor f S • 79��OF ` 0 OUR NATO �v rodamation 'Whereas: Established in 1983 by a congressionalresolution,Nationat Travel and Tourism Week(YI714)is an annual tradition during the first full week of stay for the V.S. travel community to unite and recognize the value travel holds for our economy, businesses and personalwellbeing;and Whereas: Prior to the COVI(D-19 pandemic, the travel and tourism industry was a significant contributor to the V.S. economy and exports, and supported mid ions of hard-working Americans of all6acFgrounds;and Whereas In Virginia Beach a workforce of more than 13,000 depends on the travel industry for their livelihoods and our Local economy depends on a vibrant tourism industry;and Whereas: National Travel and Tourism'Week2021 recognizes the TO'WE(R O'FTRAVEL and the industry's role in bringing back our vibrant communities, restoring the 'V.S.economy, rebuilding our workforce,and reconnecting America;and Whereas: This year, we start a new chapter, one where the POWER OF?RAVEL will drive recovery and help define our country's way forward;and Whereas: Given travel's critical role in job creation across the country, lawmakers at all levels should prioritize policies that are pro-connectivity, pro growth, and pro- traveler. Now,Thre w's,I, Robert It Dyer, Wayor of the City of'Virginia Beach, Virginia, do hereby proclaim: %lay 2 -8, 2021 .9Vationa12ravel'csZ tourism Week In Virginia eBeac6,and I encourage all citizens to observe this weekwith appropriate ceremonies and activities. In'Witness'Whereof I have hereunto set my hand and caused the Official Seal of the City of Virginia Beach, 'Virginia, to 6e affvred this Second day of%lay Two Thousand Twenty-One. 1 r Robert M. "Bobby"Dyer Mayor H. ORDINANCES/RESOLUTION 1. Ordinance to AMEND City Code Section 2-75 re non-merit and merit employees 2. Ordinances to AWARD a $5,000 Community Services micro-grant to: a. Greater Hampton Roads Diaper Bank re assist with cost of purchasing diapers b. Men of Faith, Inc., re hold a basketball camp at Virginia Beach Sports Center (Requested by Mayor Dyer) 3. Resolution to REQUEST the Commonwealth of Virginia Public Health Commissioner to DESIGNATE Virginia Beach as a Single Public Health District and AUTHORIZE certain actions in furtherance of such designation 4. Ordinance to AUTHORIZE the acquisition of property in fee simple for right-of-way re West Neck Road Phase IV Project and the acquisition of temporary and permanent easements, either by agreement or condemnation 5. Ordinance to AUTHORIZE temporary encroachments into a portion of City-Owned property known as Lake Wesley located at the rear of 542 Southside Road re maintain an existing bulkhead, and construct and maintain proposed piles, boat lift, riprap, ramp, floating dock, and jet ski floats 6. Ordinance to APPROPRIATE $97,000 to provide an interest free loan to Plaza Volunteer Rescue Squad re purchase of a new ambulance 7. Ordinance to ACCEPT and APPROPRIATE $10,530 from the Virginia Department of Forestry to FY2020-21 Parks and Recreation Operating Budget and AUTHORIZE a local match re community tree planting initiatives 8. Ordinance to TRANSFER $400,000 from Capital Project #100075, "21' Century Enterprise Resource Planning" to Capital Project #10095, "Enterprise Scheduling and Timekeeping System" re implementation of TeleStaff for the Police Department and Emergency Communications and Citizen Services CITY OF VIRGINIA BEACH AGENDA ITEM I ITEM: An Ordinance to Amend Section 2-75 of the City Code Pertaining to Nonmerit and Merit Service Employees MEETING DATE: May 4,2021 • Background: City Code Section 2-75 enumerates the classes of employees who are by law non-merit and at will. These employees are not eligible to utilize the City's grievance procedure and serve at the pleasure of the appointing authority. Currently, the following employees are appointed by the City Manager and are non- merit employees: deputy city managers, assistants to the city manager, and the heads of departments and offices. This City Code section can be amended to provide the City Manager with greater flexibility with respect to new hires who serve in upper management positions as assistant or deputy directors or division managers. Those persons would be appointed by the City Manager and serve at the pleasure of the City Manager. New hires who are appointed to these positions would be members of the non-merit service. • Considerations: The change in merit status will apply to all new hires and will not be retroactive. • Recommendation: Approval of ordinance. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Human Resources City Manager:$" 1 AN ORDINANCE TO AMEND SECTION 2-75 2 OF THE CITY CODE PERTAINING TO 3 NONMERIT AND MERIT SERVICE 4 5 SECTION AMENDED: § 2-75 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA: 9 10 That Section 2-75 of the Code of the City of Virginia Beach, Virginia, is hereby 11 amended and reordained to read as follows: 12 13 Sec. 2-75. - Service divided into nonmerit and merit services; composition of 14 nonmerit service. 15 16 (a) The service of the city is divided into nonmerit service and merit service. 17 (b) The nonmerit service shall consist of: 18 (1) Members of the city council and all other elected officials or persons appointed 19 to fill vacancies in elective offices. 20 (2) The city manager;; and deputy city managers, assistants to the city manager, 21 and all heads of departments or offices, assistant or deputy directors and division 22 managers who are appointed by the city manager. 23 (3) Constitutional officers and their employees. 24 (4) All appointees of the city council. 25 (5) Employees of the health department. 26 (6) Employees of the school board. 27 (7) Judges and associate judges of the circuit courts, general district courts and 28 juvenile and domestic relations district courts, law clerks, and employees of such 29 courts. 30 (8) Employees of the agriculture department compensated by the state. 31 (9) The general registrar and all assistant registrars. 32 (10) Employees of juvenile probation. 33 (11) Members of boards and commissions. 34 (12) Any individual whose relationship with the city arises from or under any 35 express contractual agreement to which such individual is a party or whose 36 position is created by such contract. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2021. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Human Resources City Attorney's Office CA15372 R-2 March 26, 2021 c ' 7-41-19, z, ;i :ti CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Award a $5,000 Community Services Micro-Grant to the Greater Hampton Roads Diaper Bank MEETING DATE: May 4, 2021 ■ Background: The mission of the Greater Hampton Roads Diaper Bank is to end diaper need for families in the Hampton Roads area. The organization defines diaper need as the inability to provide enough diapers to keep a baby clean, dry, and healthy due to a lack of financial resources. The organization collects diapers and distributes them to families in need through its partner organizations. In addition to providing diapers for infants, the organization also provides this resource to disabled and elderly adults in need. Currently, the Greater Hampton Roads Diaper Bank works with the Armed Services YMCA, Beach Church, Catholic Charities of Eastern Virginia, Church of the Holy Family, Communities Outreach Ministries, Connect Church, Friends of the Elderly, Love and Caring for the Homeless, and Stand Up for Kids. In a normal month, the organization serves approximately 330 families in Virginia Beach, providing an estimated 450 diapers to children and adults each month and over 100,000 each year. • Considerations: The Greater Hampton Roads Diaper Bank requests $5,000 to assist with the cost of purchasing 33,000 diapers, which would serve the partner organization in Virginia Beach for three months. Funding will be provided by Non- Departmental opportunity grants. • Public Information: Normal City Council agenda process. • Attachments: Ordinance; Application; Disclosure Form REQUESTED BY MAYOR DYER REQUESTED BY MAYOR DYER 1 AN ORDINANCE TO AWARD A $5,000 COMMUNITY 2 SERVICES MICRO-GRANT TO THE GREATER HAMPTON 3 ROADS DIAPER BANK 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA, THAT: 7 8 A $5,000 Community Services Micro-Grant is hereby authorized for the Greater 9 Hampton Roads Diaper Bank to purchase diapers in furtherance of programs assisting 10 the residents of Virginia Beach. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2021. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY. Budget and Management'Services City rn y' Office CA15436 R-1 April 22, 2021 I' CITY OF VIRGINIA BEACH COMMUNITY SERVICES MICRO-GRANT APPLICATION Organization Name: Greater Hampton Roads Diaper Bank Address: 1600 Elbow Road. Chesapeake, VA 23320 Phone: (843) 991-7731 Email: ghrdiaperbank@u,gmail.com Amount of funding requested: $5,000 City Council Sponsorship; As a member of the Virginia Beach City Council, I hereby authorize my support of this ap ication only for consideration and potential approval by the City Manager. City Council Me er Printed Name/Signature ( Date Organisation Status/Category This organization is tax exempt under Section 501(c)(3) of the Internal Revenue Code with the following valid tax-exempt number: 84-3755110. We are not applying for funding for any of the organizations listed below: American Cancer Society; American Diabetes Association; United Way; American Heart Association; Children's Miracle Network Supporting Documentation 1. We directly benefit the communities within the city limits of Virginia Beach. See Attachment A. 2. Program/Project Description: See Attachment B. 3. We are not currently receiving any funding from the City of Virginia Beach for the program we are proposing via this application. We have not previously received any funding. 4. We have not received any funding from the City of Virginia Beach for any past programs. Organization Authorization/Signature I attest that the information provided in this application is factual to the best of my knowledge and understand if such information is determined to be false, that such action is grounds for termination and revocation of all funding authorized. I further commit that the use of grant funds authorized for my program, service, or project will be used for the designated purpose. The city of Virginia Beach reserves the right to hold me and/or the organization I represent, via my signature below, as the responsible and accountable recipients of funding to repay all or part of the funding granted as determined by the city of Virginia Beach. I further understand that my organization is responsible for providing an annual financial report on the total grant expenditures,prepared by a Certified Public Accountant (CPA), within 12 months of receiving the grant award from the city. Organization Name: Greater Hampton Roads Diaper Bank Authorized Agent:Herbert Erb Authorized Agent: Coordi or. Authorized Agent: Date: `)tt aAAL f 6, 0,2 I CITY OF VIRGINIA BEACH COMMUNITY SERVICES MICRO-GRANT APPLICATION Attachment A The Greater Hampton Roads Diaper Bank's mission is to work to end diaper need for families in our area. Diaper need is defined as the inability to provide enough diapers to keep a baby clean, dry, and healthy due to a lack of financial resources. According to the National Diaper Bank Network, diaper need is a public health issue that impacts 1 in 3 families in America. With approximately 2,200 households in the Virginia Beach area receiving food stamps, many of them with small children, it stands to reason that there are a significant number of local families struggling to provide diapers for their children. These numbers are likely higher now given pandemic-related job losses and other factors. Low-income families or families in temporary financial distress often have difficulty keeping an adequate supply of disposable diapers on hand for basic needs. The ramifications of diaper need can be dramatic. A child left in a soiled diaper for a long period of time is at risk of rashes, infections, and other health issues even resulting in hospitalization. Some families even resort to cleaning out or drying soiled disposable diapers and reusing them in order to meet their diaper needs. There are reports of parents making diapers out of plastic bags, newspapers, and towels as emergency measures. Diapers are expensive, and even more so if a family must resort to a local convenience store to purchase them.No federal or state safety-net program provides funds specifically for the purchase of diapers. Cloth diapers are not a practical solution for families without washing machines, and most Laundromats do not allow diapers. Further, day care facilities or early education programs require an advance supply of diapers for a child; parents who are unable to provide this supply become limited in their work and education opportunities. The result is a cascade of devastating emotional and financial consequences for both parents and their children. GHR Diaper Bank is the only facility of its kind in the area. The GHR Diaper Bank operates like a food bank by buying and collecting diapers for distribution free-of-charge to struggling families. We do this through our network of faith-based and social services Partner agencies. Our services include diapers for disabled and elderly adults as well as infants and toddlers. We have 9 Partners in the Virginia Beach area: Armed Services YMCA, Beach Church, Catholic Charities of Eastern Virginia, Church of the Holy Family, Communities Outreach Ministries, Connect Church, Friends of the Elderly, Love and Caring for the Homeless, and Stand Up For Kids. In a typical month, we serve approximately 330 families in Virginia Beach, providing diapers to an estimated 450 children and adults. Over the course of a year, we distribute more than 100,000 diapers in Virginia Beach. CRY OF VIRGINIA BEACH COMMUNITY SERVICES MICRO-GRANT APPLICATION Attachment B Program Description Our budget for 2021 includes $26,400 for diaper purchases. Financial support for the GHR Diaper Bank is provided primarily through individual donations and institutional grants. While we have received donations and grants in the past, these sources are neither fixed nor predictable. In addition, each Partner pays a monthly administrative service fee of$20.00 to help defray basic operating costs. We do not receive regular, on-going support from any government entity or corporate sponsor. In a typical year, we would receive diaper donations through diaper drives held by our Partners and other supportive organizations. Unfortunately, such drives have been curtailed significantly because of restrictions during the pandemic, and as a result we will need to purchase more diapers than in previous years. The GHR Diaper Bank is staffed entirely by volunteers, and we have few overhead expenses. Consequently, virtually every dollar received goes exclusively to purchasing diapers and buying related supplies. We are asking the City of Virginia Beach to contribute $5000 toward the amount we project will be needed to purchase diapers in 2021 in order to meet the goals of our mission. We typically spend about $2,200 per month buying diapers; with preferred pricing and our tax-exempt status, $5000 would buy over 33,000 diapers. We receive requests for 10,000 diapers each month from our Partners in Virginia Beach, so this would meet the needs VAB families for more than 3 months. 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: `%��'` 14AnwToN1 PO iJS (L'iPcPtP, •60ik SECTION 2. SERVICES DISCLOSURE Are any of the following services being provided in connection with the applicant? If the answer to any item is YES, please identify the firm or individual providing the service: YE NO SERVICE PROVIDER (use additional sheets S if needed) X Accounting and/or preparer of your tax return Financial Services (include X lending/banking institutions and current mortgage holders as applicable) Legal Services :x Broker/Contractor/Engineer/Ot x her 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. •z// /2.6 DAT APPLI ANT'S SIGNATURE PRINT NAME ON1m'BEk `4j — ,,,p ..,1 ti), CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to Award a $5,000 Community Services Micro-Grant to Men of Faith, Inc., to Hold a Basketball Camp at the Virginia Beach Sports Center MEETING DATE: May 4, 2021 • Background: Men of Faith, Inc., a local non-profit is seeking a Community Services Micro-Grant to hold a basketball camp at the Virginia Beach Sports Center. The four-day camp will provide children the opportunity to interact with one another in a safe environment, improve their basketball skills, and interact with potential mentors. The basketball camp is intended for children in the communities of Aragona Village, Atlantis Apartments, Bayside, College Park, Colony Mobile Home Park, Friendship Village, and Twin Canals. Members and volunteers will canvas these neighborhoods and reach out to schools in these neighborhoods to invite potential attendees. Transportation will be provided to and from the camp for those who requiring transportation. The programming will include the ih.._.uction regarding technical skills, such as dribbling, passing, shooting, and rebounding, exercise instruction, competition, and a presentation from the Virginia Beach Crime Prevention Unit. Through this camp, Men of Faith will also connect attendees and families to mentorship opportunities through volunteer mentors and partner organizations. Attendees interested in academic tutoring and support will have the opportunity to learn more about the New Oak Grove Reading Program, which is scheduled to take place in the summer of 2021 at Holland Elementary School. • Considerations: Men of Faith requests $5,000 to assist with the cost of securing the Virginia Beach Sports Center as a location for the organization's 1 Died4All basketball camp to support youth in Virginia Beach communities. Funding will be provided by Non-Departmental opportunity grants. • Public Information: Normal City Council agenda process • Attachments: Ordinance, Application and Disclosure Form REQUESTED BY MAYOR DYER REQUESTED BY MAYOR DYER 1 AN ORDINANCE TO AWARD A $5,000 COMMUNITY 2 SERVICES MICRO-GRANT TO MEN OF FAITH, INC., TO 3 HOLD A BASKETBALL CAMP AT THE VIRGINIA BEACH 4 SPORTS CENTER 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 A $5,000 Community Services Micro-Grant is hereby authorized to Men of Faith, 10 Inc., for a four-day basketball camp at the Virginia Beach Sports Center. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2021. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY- - 1)134_ 4 a -t A Budget and Management Services A mey's Office CA15381 R-1 April 20, 2021 Men of Faith COMMUNITY SERVICES MICRO- GRANTAPPLICATION 1. Does your organization and the proposed program/service directly benefit the communities within the city limits of Virginia Beach? Please explain how(500 words or less). 1Died4All basketball camp, to be held at the Virginia Beach Sports Center,will benefit several Virginia Beach communities. Members and volunteers from 1 Died4A11, Men of Faith and Trinity Church will reach out into the schools and neighborhoods of the following Virginia Beach communities: Colony Mobile Home Park, Friendship Village, Atlantis Apartments, Bayside, College Park, Twin Canals, and Aragona Village. We will visit the schools and canvas the neighborhoods by going door-to-door inviting children to attend this camp. Transportation to and from camp will be provided as needed. Children who attend this camp will be provided with a high quality, fun basketball camp experience that includes technical skill improvement (dribbling,passing, rebounding, shooting),polymeric exercise instruction(aerobic exercises to increase speed, endurance, and strength), competition and meals. Our holistic approach to basketball camp includes the belief that everything learned at camp is transferrable into everyday life and thus includes spending significant time with role models and coaches who will address life-skills such as discipline, respect for authority, sportsmanship, and teamwork. During this four-day camp, children will be able to interact with one another in a safe environment where they can grow not only in their physical skills, but in their social and emotional skills as well. The desired end-result (outcome) of camp is to provide a connection point where individuals (and families), who desire a mentor/mentee relationship, can be connected with the partner organizations of Men of Faith as well as Trinity Church where continued mentorship can occur. One additional desired outcome is connection of campers, who are interested in academic tutoring, with New Oak Grove Reading Program that will take place during the summer of 2021 at Holland Elementary. We believe that by providing an enjoyable camp experience, as well as mentoring and tutoring opportunities, this camp will directly benefit the above-mentioned communities located in Virginia Beach. 1 Men of Faith COMMUNITY SERVICES MICRO- GRANTAPPLICATION 2. Program/Project Description: Briefly describe your program or the service you intend to provide. Please include the following: Total project cost, other sources of funding (name, organization, 501(c)(3) status, the amount of funding provided), and the program/project implementation time line(No more than 1,000 words). 1Died4Al1 is a 4-day basketball camp that creates a safe environment where young people can experience growth in their physical skills on the basketball court, as well as improvement in their social and relational skills that extend far beyond basketball (team work, conflict resolution). Each camper will spend four hours each day surrounded by adult staff members and volunteers who will build relationships with the campers for the purpose of providing encouragement and instruction both on and off the court. Using the game of basketball as an entry point for many of the campers, 1Died4All's mission is to provide the opportunity for young students to form relationships with volunteers and mentors who have a desire to empower young people, encouraging them to take ownership and take steps on the pathway of success. Virginia Beach Police Crime Prevention Unit will present on safe community, gangs, and how crime impacts the community. 1 Died4A11, Men of Faith and Trinity Church believe in the intentional investment of time and energy into mentor/mentee relationships that will allow for accountability and foster personal growth. This camp will provide the opportunity for students, who desired to be mentored, to be connected to a volunteer mentor(fully vetted by a thorough background check)with a heart for seeing children grow in all areas of life— socially, mentally, physically, and emotionally. There will also be an opportunity for students to get connected with New Oak Grove Summer Reading Program for those who desire academic support over the summer months. 2 1 ff-4 ' Virginia Beach Organization Name: PO Box 56671,Virginia Beach,VA 23456 Address: 757/237-6257 Phone: rrtphy@aol.com As a member of the Virginia Beach City Council, I hereby authorize my support of this application only for consideration and potential approval by the City Manager. C4//fiV /�/s-'1 oundl Member P ted Name/Signature Date Please select the option below that best describes your 501(c)(3)organization: XDTax exempt under Section 501(c)(3) of the Internal Revenue Code with a valid tax exempt number. 0 Recognized government entity:state,county,or city agency, including law enforcement,fire, or EMS departments (including volunteer organizations) requesting funds exclusively for public purposes. ❑K-12 public/private school, charter school, community/junior college, state/private college, or university. Page 1 of 3 ❑Nondenominational organization,if authorized by Virginia State Code,Section 15.2-953,with a proposed project that addresses and benefits the needs of the community at large. ❑Non-profit organization having state, regional, or local services benefiting the residents of the City of Virginia Beach. Are you applying for funding for any of the organizations listed below?Yes 0/No❑X If yes,please select the organization. ❑American Cancer Society❑American Diabetes Association El United Way ❑American Heart Association 0 Children's Miracle Network 0 N/A 0 Other Please type and attach the following information with your application. Applications without the following attachments will be incomplete,and not considered for approval. 1. Does your organization and the proposed program/service directly benefit the communities within the city limits of Virginia Beach? Please explain how (500 words or less). 2. Program/Project Description: Briefly describe your program or the service you intend to provide. Please include the following: Total project cost, other sources of funding (name, organization, 501(c)(3) status, the amount of funding provided), and the program/project implementation time line(No more than 1,000 words). 3. Is your organization currently receiving any funding from the City of Virginia Beach for the current program,service,or project you are proposing via this application?Has your organization previously? If so, please provide a written explanation. Any explanation should note the City related entity providing funding, how much funding,and how long the funding partnership has existed. 4. Has your organization currently or previously received any funding from the City of Virginia Beach for any past program,service,or project outside of the item proposed in question number three (3) above? If so, please provide a written explanation. Any explanation should note the City related entity that provided the funding, how much funding had been provided to date,and how long the funding partnership existed. Page 2 of 3 I attest that the information provided in this application is factual to the best of my knowledge and understand if such information is determined to be false, that such action is grounds for termination and revocation of all funding authorized. I further commit that the use of grant funds authorized for my program, service, or project will be used for the designated purpose. The City of Virginia Beach reserves the right to hold me and/or the organization I represent,via my signature below, as the responsible and accountable recipients of funding to repay all or part of the funding granted as determined by the City of Virginia Beach. I further understand that my organization is responsible for providing an annual financial report on the total grant expenditures, prepared by a Certified Public Accountant (CPA), within 12 months of receiving the grant award from the city. Men of Faith Organization Name: (Printed Name) Ronald Taylor Authorized Agent: (Printed Name) President. Authorized Agent: (Printed Title) Authorized Agent: Lure) Date: L7 �9/ 24 Page 3 of 3 DISCLOSURESTATEMENT 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 / APPLICANTDISCLOSURE Organization name: Men of Faith SECTION 2. SERVICESDISCLOSURE Areany of the following services being provided in connection with the applicant? If the answer to any item is YES, please identify the firm or individual providing the service: YES NO SERVICE [PROVIDER(use additional sheets if needed) n ® Accounting and/or preparer of your tax return Financial Services (include n ® lending/banking institutions and current mortgage holders as applicable) tLegal Services ❑ in Broker/Contractor/Engineer/Other Service Providers CERTIFICATION: Icertifythatall oftheinformationcontainedin this Disclosure Statement Formis complete, true,andaccurate. lunderstandlamresponsibleforupdating the information provided herein if it changes prior to the Council action upon this Application. `-Ronald Taylor 04/19/21 APPLICANT'S SI,1IA E PRINT NAME DATE ((J( ='s CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution to Request the Commonwealth of Virginia Public Health Commissioner Designate the City of Virginia Beach as a Single Public Health District and to Authorize Certain Actions in Furtherance of Such Designation MEETING DATE: May 4, 2021 • Background: At their March 2021 Retreat, the City Council requested a briefing on the structure and evolution of the local health department, services rendered, model options to assess the feasibility of returning to a traditional single health district model, and exploration of the locally administered model. A staff report, prepared in consultation with the local and senior staff of the Commissioner's Office of the Virginia Department of Health, was provided to the City Council on April 16, 2021. • Considerations: The attached resolution would request the Commonwealth of Virginia Public Health Commissioner to designate the City of Virginia Beach as a single health district to return to the service model desired by the City Council and provide a customary service agreement and cost share, which represents the most cost-effective service model. As set forth in the resolution, the City Manager will provide the City Council with a report of the status of negotiations with the Commonwealth, and that report would include any necessary budget adjustments required to designate the City as a single public health district. • Public Information: Public information will be provided through the normal Council agenda process. • Recommendations: Adopt the attached resolution. • Attachments: Resolution; Staff report. Recommended Action: Approval Submitting Department/Agency: City Manager's Office City Manager: 1 A RESOLUTION TO REQUEST THE COMMONWEALTH OF 2 VIRGINIA PUBLIC HEALTH COMMISSIONER DESIGNATE 3 THE CITY OF VIRGINIA BEACH AS A SINGLE PUBLIC 4 HEALTH DISTRICT AND TO AUTHORIZE CERTAIN 5 ACTIONS IN FURTHERANCE OF SUCH DESIGNATION 6 7 WHEREAS, the Virginia Department of Health (VDH) has served as the state's 8 lead agency in partnership with cities and counties of the Commonwealth to provide public 9 health services geared toward improving the quality of life of all Virginians; and 10 WHEREAS, this state/local partnership shares in funding and the provision of 11 mandated and locally administered services and programs geared toward making public 12 health service accessible to all residents, constituents, and individuals; and 13 WHEREAS, the selection, appointment, and retention of uniquely qualified public 14 health leadership remains a VDH goal to maintain a balance of the executive, medical, 15 and administrative duties of a modern public health services delivery system; and 16 WHEREAS, the ability to recruit and sustain uniquely qualified candidates for 17 appointment as a local health director, characterized by being a licensed physician and 18 an administrator, continues to be a challenge for the VDH; and 19 WHEREAS, the same trending leadership recruitment challenges debilitated the 20 collective efforts of VDH and the City to secure a new Virginia Beach Health Director, 21 which led to a mutual agreement with the VDH and the City of Norfolk to leverage the 22 tenure and unique qualifications of the Norfolk Health Director in service to Virginia Beach 23 through joint health district authorized by the Public Health Commissioner; and 24 WHEREAS, the benefits of the joint locality service model have realized the value 25 of the established capacity of Chief Operations Officer to handle the day-to-day 26 administration objectives of a modern health service delivery model, thereby allowing the 27 Director to focus on core public health service delivery; and 28 WHEREAS, the global, federal, state, and local impacts of the coronavirus 29 pandemic continue to challenge, stretch, and outpace City resources, which impede our 30 response to the same coupled with the limitations in our ability to meet public demand to 31 return to a normal state of public service delivery; 32 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 33 VIRGINIA BEACH, VIRGINIA: 34 That the City Council of the City of Virginia Beach hereby requests the 35 Commissioner of Public Health for the Commonwealth of Virginia designate the City of 36 Virginia Beach as a single public health district as soon as feasible; and 37 BE IT FURTHER RESOLVED, that City Manager is authorized to serve as the 38 representative of the Virginia Beach City Council to negotiate amendments to State/Local 39 service agreements and budgets to include state recommendations to recruit and secure 40 uniquely qualified personnel capable of establishing a sustainable operating structure for 41 modern public health service delivery; 42 BE IT FURTHER RESOLVED, that the City Manager shall provide a report to the 43 City Council regarding the status of such negotiations within 90 days of the adoption of 44 this Resolution, and such report shall include any necessary budget adjustments required 45 to designate the City as a single public health district. 46 47 Adopted by the Council of the City of Virginia Beach, Virginia on the day 48 of , 2021. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: • • Zoritti4 City Manager's Office City Attorney's Office CA15441 R-1 April 27, 2021 '1"N\ --.1, 1\ .:.st2 7 F ,, 1 C7 ty of Virgi in la Beach j- 1 .,- f 7O _ ,,ti C S � OUR M,��O..1 f VBgov.com OFFICE OF THE CITY MANAGER MUNICIPAL CENTER (757)385-4242 BUILDING 1,ROOM 234 (757)427-5626 FAX 2401 COURTHOUSE DRNE VIRGNIA BEACH,VA 23456-9001 INTER-OFFICE MEMORANDUM DATE: April 15, 2021 TO: Patrick Duhaney, City Manager FROM: Kenneth Chandler, DSL, ICMA-CM, LCOP, Deputy City Manager SUBJECT: Local Health Department Structures Introduction Virginia public health service delivery is rendered through a quasi-state/local partnership with the Virginia Department of Health (VDH) and the Commonwealth's counties and cities. This relationship is characterized by a funding cost share, provision mandated and local services, and the selection of a Director having the blended skills of a licensed physician and a Chief Executive Officer (CEO). The VDH Commissioner establishes service agreements between counties and cities, and the state. The service agreement establishes the funding allocation, specified services, and the state and locality responsibilities. The authority to appointment the local Health Director and establish the local department's structure is vested in the VDH Commissioner, with the only exception being a locally administered option which must be granted by the state legislature. Paramount Challenge VDH is no stranger to the global workforce trends impacting organizations over the last decade to include the decline of boomers, rise of millennials, the widening institutional knowledge gap, and a global talent void which are all factors that continue to challenge service delivery. The most important of these factors is the global talent void, or the ability to recruit and retain uniquely skilled talent at the local director level, which remains a paramount challenge for VDH. Solutions to the Challenge To combat this challenge, VDH first developed a talent incubator working to place potential director hires in a mentoring service relationship under the leadership of existing local health directors. Virginia Beach was a benefactor of this model resulting in the selection of its last director in 2015. This practice remains a tool for staff development at VDH. However, this apprentice practice hasn't kept pace with the growing void of uniquely qualified talent. To this end, one of the most effective short-term solutions for VDH is the Joint Health District Director model. This option leverages the tenured experience of an existing licensed physician as Health Director supported by a Chief Operations Officer to handle the administrative duties facing a modern health department. Initial Case for Virginia Beach/Norfolk Joint Service Model Prior to 2018,the Virginia Beach Health Department experienced a solid succession of leadership having only two directors over the last twenty years of service. (Dr. Venita Newby-Owens, 1998- 2013 and Dr. Heidi A. Kulberg, 2013-2017) Two unsuccessful director recruitment attempts to secure a qualified director for the City of Virginia Beach in early 2018, coupled with the recent success of the urban trial of the Joint Health District model in Henrico County and the City of Richmond resulted in a mutual decision of VDH, Norfolk, and Virginia Beach to share leadership resources in the fall of 2018. City Council Direction The climactic impact of the COVID-19 pandemic continues to grossly impede traditional service delivery while revealing limitations and gaps in the same. The cascading effects of the nation's response to COVID-19 realized a commitment of local resources(staff,technology, and facilities) that far exceeded the expectations of the City. Where enhanced support of public health service delivery during the pandemic has never wavered, the Virginia Beach City Council did request a staff briefing highlighting the current structure and its evolution, service rendered, and model options for the local health department to be included in their March 8-9, 2021 retreat agenda. Following staff presentation, council questions, staff responses, and council discussion, direction was given to the City Manager to: 1)access the feasibility of returning to a traditional single health district model, and 2)explore the provisions of the locally administered model. Service Model Options Reviewed, Actions, and Costs Virginia Public Health Department- Traditional Model As noted in the March 9, 2021 staff presentation the Traditional Model detailed the following: ❖ State/Locality service agreement (55% State/45% Local) cost share is authorized ❖ Health Commissioner appoints a licensed Medical Doctor as LHD Director • Health Commissioner is authorized to combine LHD's ❖ Employees 100% State FTE's ❖ Employee service liability covered by the State ❖ State Mandated Program Services Offered ❖ City may fund additional local positions @ 100% cost to locality ❖ City may fund non-mandated program services may be offered @ 100% cost to locality ❖ Form in practice: 134 cities and counties in Virginia Required Action • City Council resolution to the VDH Commissioner requesting a return to a Traditional Model single health district. Associated Costs if Approved • Negotiated 50/50 state/local cost share with VDH to include a Chief Operations Officer capacity if desired. Virginia Public Health Department-Locally Administered Model As noted in the March 9, 2021 staff presentation the Locally Administered Model detailed the following: ❖ General Assembly authorization required ❖ State contracts with locality to provide mandate public health services ❖ City Manager appoints a Licensed Medical Doctor(with VDH consent) as LHD Director ❖ Employees 100% Local ❖ Employee service liability covered by the City • State contracts with locality to provide mandated public health services • Model in practice: Arlington County, Fairfax County 2IPage ❖ Model just authorized(2021)for Loudoun County, Prince William County, Manassas(City) and Manassas Park(City) Required Action • City Council resolution to its General Assembly Delegation requesting authorization to switch to a Locally Administered Model Associated Costs if Approved • City picks up total costs of salaries and benefits for all full-time state employees (106) of the local health district o This action may further include: • Adding additional position classifications to our classification plan • Adding additional positions to our compensation schedule • Providing salary adjustments state positions converted to local whose salaries may be under the standard • Providing additional adjustments for retirement and healthcare benefits • City picks up total costs of Information Technology shift from state to local support(ERP, hardware, and software) • City picks up total costs of current office/facility space and associated leases if applicable • City picks up total costs of fleet vehicles and vehicle support services VDH Structure/Modeling Insight As a result of our ongoing collaboration with the State regarding the feasibility of a City Council desire to change from the current joint district model to a single model the Virginia Department of Health would advise and recommend the following actions: • City Council submit a formal resolution to VDH Commissioner requesting a change from the joint structure model in partnership with Norfolk (City) to a single traditional structure model. • The City should consider requesting state authorization of a state/local funded Chief Operations Officer position to support the modern administrative service needs of a single structured Health District. • The City should consider an annual salary supplement (an addition to the City's local funding cost share)to help attract and retain a highly qualified Health Director candidate. • Based on recent Health Director recruitments, VDH anticipates a six-month recruitment process. Recommendation Based on staff review of options noted per City Council direction of March 9, 2021, and consultation with the VDH Commissioner's Office, the City Manager would recommend the following action for City Council consideration: • Adopt a City Council resolution to the VDH Commissioner requesting authorization for a single traditional structure model public health district for the City of Virginia Beach o Benefits of this action point • Returns to the service model desired by City Council • Provides a customary service agreement and cost share • Represents the most cost-effective service model • Authorize staff to negotiate a modification to the state/local service agreement to include funding for a local health director salary supplemental as well as funding support to establish a Chief Operations Officer (COO) position for a newly designated single health district for the City of Virginia Beach o Benefits of this action point • Establish an executive recruitment/retention tool to obtain and sustain uniquely qualified talent • Enhanced administration staff supporting modern public health service delivery 3IPage To advance City Council interest expressed on this subject matter during its March 2021 Retreat, a formal resolution will be prepared for the May 4, 2021 City Council meeting agenda for review and consideration. Should you have any questions or need additional information, please do not hesitate to contact me. 4I Qs" fo u'B;. p. it. .....) CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize acquisition of property in fee simple for right-of-way for the West Neck Road Phase IV Project, CIP 100483 (formerly CIP 2-088), and the acquisition of temporary and permanent easements, either by agreement or condemnation PUBLIC HEARING DATE: April 20, 2021 MEETING DATE: May 4, 2021 • Background: The West Neck Road Phase IV project (the "Project") is for the improvement of a 5,750 linear foot section of West Neck Road from Kellam High School to the beginning of the Eagle's Nest subdivision. The Project will improve safety along this section of West Neck Road, which currently has narrow lanes (11'), no shoulders and steep ditches. There are some trucks that frequently travel on this road that are wider than the existing lanes. The Project will provide wider lanes (12'), paved shoulders, and swales instead of ditches, all to improve safety for vehicles and cyclists. The Project will also improve accessibility for pedestrians by bringing 8'-wide asphalt sidewalks, and LED street lighting and landscaping will enhance the Project. The Project first appeared in the FY 2015-16 CIP. • Considerations: The Project will require property and easements from 8 privately owned parcels. Authority is requested to acquire the necessary property and easements (temporary and permanent) by agreement or condemnation. Portions of three City-owned parcels will also be dedicated to the Project. • Public Information: A Citizens Information meeting was held on May 17, 2018. A public hearing was held on April 20, 2021, and public notice will be provided via the normal City Council agenda process. • Alternatives: Deny the ordinance, which will delay the Project. • Recommendations: Approval. • Attachments: Ordinance and Location Map Recommended Action: Approval Submitting Department/Agency: Public Works/Real Estate 0 City Manager: 1 AN ORDINANCE TO AUTHORIZE 2 ACQUISITION OF PROPERTY IN FEE SIMPLE 3 FOR RIGHT-OF-WAY FOR THE WEST NECK 4 ROAD PHASE IV PROJECT, CIP 100483 5 (formerly CIP 2-088), AND THE ACQUISITION 6 OF TEMPORARY AND PERMANENT 7 EASEMENTS, BY AGREEMENT OR 8 CONDEMNATION 9 10 WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a 11 public necessity exists for the construction of this important roadway project to improve 12 transportation within the City and for other related public purposes for the preservation of 13 the safety, health, peace, good order, comfort, convenience, and for the welfare of the 14 people in the City of Virginia Beach. 15 16 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 17 VIRGINIA BEACH, VIRGINIA: 18 19 Section 1 . That the City Council authorizes the acquisition by purchase or 20 condemnation pursuant to Sections 15.2-1901, et seq., Sections 33.2-1007, et seq., and 21 Title 25.1 of the Code of Virginia of 1950, as amended, of all that certain real property in fee 22 simple, including temporary and permanent easements (the "Property"), as shown on the 23 plans entitled "WEST NECK ROAD PHASE IV" (the "Project"), and more specifically 24 described on the acquisition plats for the Project (plats and plans collectively referred to as 25 the "Plans"), the Plans being on file in the Engineering Division, Department of Public 26 Works, City of Virginia Beach, Virginia. 27 28 Section 2. That the City Manager is hereby authorized to make or cause to be made 29 on behalf of the City of Virginia Beach, to the extent that funds are available, a reasonable 30 offer to the owners or persons having an interest in said Property. If refused, the City 31 Attorney is hereby authorized to institute, prosecute and settle or resolve proceedings to 32 condemn said Property. 33 34 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 35 , 2021. CA-15209 PREPARED: 4/28/21 R-1 c:\users\ccva ug ha n\a ppdata\loca I\m icrosoft\windows\i netcac he\content.outlook\wy5jm mu7\00701507.doc APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY SIGNATURE CITINATTOR Y DEPARTMENT Cr NcP% ° - N NIMMO PW R �, �',� �•✓._ I 0. d4. , ��k't.O Iiik a s O�jN\-P� SITf 11013\ .448 40 W -..r.i''' E Ir�.ra 0o100 it(r..Exr>1,_,MI No VER R'D nT „,/iiih— Q $w U 2 cr o •� t ik : fs011,=-0 V;yA asa • �4,,0 Q r Q ' °o ©CP 0 +'©o0® 9 �rv&0q av4 , \\/ ��,��iSii�4�n�, et 10 •t trams 1iiiilit �\n, Al Ail f. r,t7 10147frinli , 4440 0 0/-,_, 41. y ,1* AAA. ;r',i. �, �t qoo �Qa St eta veil %--7.;vittE-A,-34:1;anitrac) '-j 4: ''''t4'' e a williPl:)- '' o \ , �b •► a "415 �..ti'' ., . . ■C� O� ® `�®► 7 r_ dm CIIIIIV 4 N11,, A 41 1411 • mil erg ttiO i.,..411:1„ a aii fir 63 L�VIT#0"/4 K met ` a,Vir s��r40 44-454 r: 4 v a� o d Q pips r:Si �S�� : ©�0 ., 0 Q C7 4' +•poi,* 45 ® . o°Q oq o ► 't O�`�4 �0 ,�oaa o, � ose, 4 4104A �ni ;L Ve . 01111114k1;'Sigfr*." eit:444 MAIII. TN!! 0. ...,„,. - • crx .: �; ©oon �izifs©�.�� C� QQhiggisi i 4114n LOCATION MAP Ir a WEST NECK PHASE IV ILIKVIIII CIP 2-088 Prepared by P.W./Eng./Eng.Support Services Bureau 01/04/2021 X:\CADD\Projects\ARC Files\AGENDA MAPS\WEST NECK PHASE IV CIP 2-088 1 4ee �, v J ' CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Authorize Temporary Encroachments into a Portion of City- Owned Property Known as Lake Wesley Located at the Rear of 542 Southside Road MEETING DATE: May 4, 2021 • Background: Mark S. Summs and Cynthia C. Summs (the "Applicants") have requested permission to maintain an existing bulkhead, and to construct and maintain proposed piles, boat lift, riprap, ramp, floating dock, and jet ski floats (the "Encroachments") into City-owned property known as Lake Wesley (GPIN: 2427- 20-6108) adjacent to their property located at 542 Southside Road (GPIN: 2426- 19-7413). • Considerations: City Staff has reviewed the requested Encroachments and has recommended approval of same, subject to certain conditions outlined in the attached Agreement. There are similar encroachments into Lake Wesley, which is where the Applicants have requested to encroach. • Public Information: Public notice via the normal City Council agenda process. • Alternatives: Deny the Encroachments 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 P.) City Manager:L/e) 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS 5 INTO A PORTION OF CITY-OWNED 6 PROPERTY KNOWN AS LAKE 7 WESLEY LOCATED AT THE REAR 8 OF 542 SOUTHSIDE ROAD 9 10 WHEREAS, Mark S. Summs and Cynthia C. Summs (collectively, the 11 "Summs") have requested permission to maintain an existing bulkhead, and to construct 12 and maintain proposed piles, boat lift, riprap, ramp, floating dock, and jet ski floats (the 13 "Encroachments") within a portion of the City's property known as Lake Wesley (GPIN: 14 2427-20-6108) located adjacent to their property at 542 Southside Road (GPIN: 2426-19- 15 7413); 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 the City's right-of-way 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, Summs, their heirs, assigns and 26 successors in title, are authorized to maintain an existing bulkhead, and to construct and 27 maintain proposed piles, boat lift, riprap, ramp, floating dock, and jet ski floats into a portion 28 of the City's property known as Lake Wesley as shown on the map entitled: "EXHIBIT A 29 ENCROACHMENT EXHIBIT SHOWING PROPOSED PILES, BOAT LIFT, RIP-RAP, 30 RAMP, FLOATING DOCK, JET SKI FLOATS & EX. BULKHEAD FOR MARK S. & 31 CYNTHIA C. SUMMS SITE A M.B. 61 P. 22 CITY OF VIRGINIA BEACH", dated August 26, 32 2020, having a Scale of 1" = 30', and prepared by Gallup Surveyors and Engineers, a copy 33 of which is attached hereto as Exhibit A, and on file in the Department of Public Works and 34 to which reference is made for a more particular description; 35 36 BE IT FURTHER ORDAINED, that the Encroachments are expressly subject 37 to those terms, conditions, and criteria contained in the agreement between the City of 38 Virginia Beach and Summs (the "Agreement"), an unexecuted copy of which has been 39 presented to the Council in its agenda, and will be recorded among the records of the 40 Clerk's Office of the Circuit Court of the City of Virginia Beach; 41 42 BE IT FURTHER ORDAINED, that the City Manager or his authorized 43 designee is hereby authorized to execute the Agreement; and i 44 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 45 such time as Mark S. Summs and Cynthia C. Summs and the City Manager or his 46 authorized designee execute the Agreement. 47 48 Adopted by the Council of the City of Virginia Beach, Virginia, on the 49 day of , 2021. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: P BLIC WOR S, REAL ESTATE /, DANA R. HARMEYER SENIOR CITY ATTORNEY CA15205 \\vbgov.com\dfsl\applications\citylaw\cycom32\wpdocs\d029\p036\00717731.doc R-1 April 16, 2021 2 0o LAKE WESLEY NOW OR FORMERLY F� CITY OF VIRGINIA BEACH �7`*y. RICHARD G. KRAMER �1 c� M.B. 26, PG. 57 mG 9 H. KELA KRAMER cQ\� I.N. 202100003863 GPIN: 2427-20-6108 `-'<5 D.B. 33 9T G. 1781 .t N u.k,2, 1.274 11 PILES (TYP.) I.N. 20121005001161550 '<ti CYNTHIA/ C SUMMS MMS PROPOSED >y. 3 GPIN: 2426-19-8333 MARK S. SUMMS S'O P.T. TIMBER Si• PROPOSED (2) 0• `1 FLOATING DOCK 11'it, FIBERGLASS JET / SITE A Q� O . SKI FLOATS 4'x6' & M.B. 61 P. 22 '� I.N.yb°o° sj >>�, a 20090713000808290 � .S \ .p�'S°� GPIN: 2426-19-7413 6 A. pROp.•3I .yp / c , ALUMINUM . ; S �' ` • Nip RAMP 4'x30' �'-'- FRAM'O .� }Nk r/ .ice:• •�' SHED ,l, . �\ �,��4 ��a; a� �'0 :o EXISTING .�ibiLlj \* \`` .::. ;:�.J.- POOL W SS �_� � EX. BULKHEAD�{-t_� �� X TO REMAIN PROPOSED ;. 74.4 �q 'c9 r4firt9i� •CONCR•:T . OVERLAID RIP—RAP �6. Zxt.x.� ��•. �J'�� C E� :. ar c'{,,.1. . • . NOTE: ALL HARDWARE .;' '4 S 1619'39' W TO BE HOT-DIPPED QQ�moo+. F1 30.00' GALVANIZED. Z9" _\ '� N �S9'45. \ • •• N t:' / NOW OR FORMERLY 6? / ROBERTA MAE MADDOX `6 F� DECLARATION OF TRUST .R' . FRAME RESIDENCE / SITE B-1A # 542 M.B. 201 P. 42 I.N. 20130627000749870 GPIN: 2426-19-7563 NOW OR FORMERLY 1 : CITY OF VIRGINIA BEACH 41,Q►LTH pp D N D.B. 303, PG. 293 �� , M.B. 26 P. 57 3 GPIN: 2427-20-7891 D R UTLER $' N NOTE: LW.. No. P • 1. THIS PLAN WAS 38395 �2� �� PERFORMED WITHOUT THE • a,26 \, z BENEFIT OF A TITLE REPORT. �SSiONAL ECG ho EXHIBIT A r I o ENCROACHMENT IXHIBIT SHOWING PROPOSED `� in G ES f� ooin PILES, BOAT LIFT, RIP-RAP, RAMP, FLOATING o o Q �' o DOCK, JET SKI FLOATS & EX. BULKHEAD o .c�: O`- 00 a o — FOR .c a:P 'z:.•::. `` . vi F- CV) PO I MARK S. & CYNTHIA C. SUMMS `� 5 :.•:: ::• 0 0 - o N o 'OZ .::..9.�:: :.: SITE A c,S '<r*�:.::.: pQ g � a M.B. 61 P. 22 t.,*^ � c� • a_ CITY OF VIRGINIA BEACH N rn U, `, z• SCALE: 1"=30' DATE: AUGUST 26, 2020 Qom`' ' R=170.00' GALLUP SURVEYORS & ENGINEERS �,= L_55.00 321.94' TO 323 FIRST COLONIAL RD, VIRGINIA BEACH, VA 23454 � GENERAL (757)428-8132 SOUTHSIDE ROAD BOOTH BLVD 0 30 60 90 (50' R/W) M.B. 7 P. 169 20-45 G:\20\20-45-Summs,Cynthia-542 5outhside Rd\20-45 Encroachment Exhibit.dwg,4/15/2021 10'36:51 AM PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C)(4) THIS AGREEMENT, made this D3 day of Pia(CA ` 2021, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and MARK S. SUMMS and CYNTHIA C. SUMMS, 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 A" as shown on that certain plat entitled: "RESUBDIVISION OF LOT 7, BLOCK `H' AND LOT B-1 REPLAT OF RUDEE HEIGHTS LYNNHAVEN BOROUGH, VIRGINIA BEACH, VIRGINIA", dated April,1964, having a Scale of 1" = 40', and prepared by Frank D. Tarrall, Jr. & Associates, which said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 61, at page 22, and being further designated, known, and described as 542 Southside Road, Virginia Beach, Virginia 23451; WHEREAS, it is proposed by the Grantee to maintain existing bulkhead and construct and maintain proposed piles, boat lift, riprap, ramp, floating dock and jet ski floats, collectively, the "Temporary Encroachment", in the City of Virginia Beach; and GPINs: 2427-20-6108 & 2427-20-7891 (Lake Wesley - CITY PROPERTY) GPIN: 2426-19-7413 (542 SOUTHSIDE ROAD) 1 WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of City property known as Lake Wesley, the "Encroachment Area", and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt and sufficiency of which are hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT A ENCROACHMENT EXHIBIT SHOWING PROPOSED PILES, BOAT LIFT, RIP-RAP, RAMP, FLOATING DOCK, JET SKI FLOATS & EX. BULKHEAD FOR MARK S. & CYNTHIA C. SUMMS SITE A M.B. 61 P. 22 CITY OF VIRGINIA BEACH", having a Scale of 1" = 30', dated August 26, 2020, and prepared by Gallup Surveyors and Engineers, a copy of which is attached hereto as Exhibit A and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary 2 Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood that any existing encroachments referenced in the Exhibit or this Agreement are the ongoing maintenance obligation of the Grantee and the City disclaims any ownership interest or maintenance obligation of such encroachments. 3 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, with the City listed as an additional insured. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such 4 compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, Mark S. Summs and Cynthia C. Summs, the said Grantee, 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 , 2021, 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 , 2021, 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 'MI MARK S. U S, Own - j `_CYNTHIA C. SU MS, Owner STATE OF CITY/COUNTY OF (2/1111 _ --, to-wit: The foregoing instrument was acknowledged before me this 23 day of ,Acif,LL , 2021, by Mark S. Summs and Cynthi C. Summs. _e ota Publi� / (SEAL) ry Notary Registration Number: / 3L lc) (, My Commission Expires: ( - 110 - aua y APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: % ,AiLO LG ta ii/ GL&it 1SI NURE ZrDANA R. HARMEYER SENIOR CITY ATTORNEY DEPARTMENT 7 0o LAKE WESLEY NOW OR FORMERLY F�� CITY OF VIRGINIA BEACH `t% RICHARD G. KRAMER <0 M.B. 26, PG. 57 m� 9 H. KELA KRAMER ,Q�� I.N. 202100003863 GPIN: 2427-20-6108 <�y'o D.B. 3389, G. 1781 -0 ^ 8? ).?/• t1 PILES (TYP.) I.N. 20121005001161550 ��" CYNTHIA / \ �' PROPOSED �� . a GPIN: 2426-19-8333 CMARKASCSUMMSS 6200' F1 P.T. TIMBER ../ PROPOSED (2) FLOATING DOCK FIBERGLASS JET SITE A Q� •o-. SKI FLOATS 4'x8' 1 Z M.B. 61 P. 22 'A• rye°o° 60, >>,1• a I.N. 20090713000808290 S6 S' \ a �p�'S°' GPIN: 2426-19-7413 � PROPS 31 .y0 / >, 4 • ALUMINUM S . . .k� RAMP 4'x30� !'�''� . . . . :FRAM *10�i o ��, y/ `� r•' , I�z SHED y 's N �4 ! rJ.��y,�;A� EXISTING �� GA \ �`��J- POOL W FO SSe 'CV v' V4tWaVS,i::,,e4�lf� 14� EX. BULKHEAD is?��:� � � TO REMAIN ��:.� PROPOSED ) :�,.:I'•:i�/ 'O/ /6, % - OVERLAID RIP-RAP .6. ,-c°.=."r.�. J CONCRE T :.•:,�4ti,r�. NOTE: ALL HARDWARE `��1-'�� S 1619'39" W TO BE HOT-DIPPED Q' 0+• ._ 30.00' 1 . QQ � �GALVANIZED. z9.t. H 86�9,45• \ • N f / NOW OR FORMERLY 67 ROBERTA MAE MADDOX `1 1 STORY DECLARATION OF TRUST .R• FRAME RESIDENCE / SITE B-1 A # 542 M.B. 201 P. 42 I.N. 20130627000749870 GPIN: 2426-19-7563 NOW OR FORMERLY ::. CITY OF VIRGINIA BEACH 41,AZ'TH o., G N D.B. 303, PG. 293 O� M.B. 26 P. 57 � 3 GPIN: 2427-20-7891 v D R UTLER ' $' f;;I TE: as No. ' ' 1.NO THIS PLAN WAS 38395 Cct PERFORMED WITHOUT THE • 126,2��, z BENEFIT OF A TITLE REPORT. FSS/ON AL EaG h EXHIBIT A r ct s ENCROACHMENT EXHIBIT SHOWING PROPOSED o o N c o PILES, BOAT LIFT, RIP-RAP, RAMP, FLOATING o $ • Q �'o DOCK, JET SKI FLOATS & EX. BULKHEAD o :r6:c::::. oCt '- °° 0 °' FOR �� ::.: .z::. :: `` Qcn I— (f) r' ca CN MARK S. & CYNTHIA C. SUMMS `� ��o : ::• o o a -1 N o SITE A T :c.rr,:.. .: 0 a N z M.B. 61 P. 22 Nr` z D 0 � . 0 CITY OF VIRGINIA BEACH `1 - SCALE: 1 "=30' DATE: AUGUST 26, 2020 Qrn �� GALLUP SURVEYORS & ENGINEERS �1: L_55.00' R=170.00''321.94' 323 FIRST COLONIAL RD, VIRGINIA BEACH, VA 23454 GENERAL (757)428-8132 SOUTHSIDE ROAD BOOTH BLVD 0 30 60 90 / (50' R/W) M.B. 7 P. 169 20-45 G:\20\20-45-Summs,Cynthia-542 Southside Rd\20-45 Encroachment Exhibit.dwg,4/15/2021 10:36:51 AM Waterway pic 542 Southside c • t*- 1.. Pi* - - ' — Pir . .---- .... _ . - - a - w run _. :r.-4:x"..7",-4„.: .,'•- d 7.'"7,..,7._... ..ill, 4- 1E14-,•-! siN ft -.1t.,. ...... 4-- .,,,...-„:,.. ,,,,,z-- ...„„., ---/..-4:.:.- . •el . ,_,.....:,..:.... . . / , .. ....,.........: . .,..;,,,,,....„ • .., , ,. .. Va. - .."-t•tlit.46, %, . . _ + t.: N,t, s, 4:44te \1 . l'' 4,-°:.;.'•w*,0 ,,,,- ,k. ' • ,.„, ... i . . .... .„..,.. P.' -- \,..„ . 4, ,44,,,,,_ r•:•444- , 'or 4:- ^.`.4 "- • 4:"L.',-''l''''' ..4 t''' 4 1_ —..--b-- , . \ ' — .." -•r• , ...cr:- •,,71-,.. .-_'V- :..,. -__,- - - •-4. = . .- Waterway pic 542 Southside • • r r�l '! . , `l�►+ , t 6` , 1 ,4 ! #" -"""' _ = ".. gam. rs` . n ill ihillt_ wV - _- — it ,i IL i , # • .7'4 .i_S- t 41/44- e yr: w ` •+of — „z a " • % i. Wert •rt Y-Z ` A'�" ? - _ " T.. i 1 , i` ,�' 1 I s' . i7, fir i rr1"i' :— -'• 'ill. i -1 ,.III/ i - { r, 1 , ,� i .I fit ,.. ,•,;„ • i, ., .. tie,.., ......4:0001010_101.00.4- \ ,_....../zr . , ,.......... ...... .r...174,11; f • A .. . 0 _ . 4i, ,,i , 1 , . 4fr- .. tir,,, • ,- - ,,!*, . , 4,,.•..z 7. .. "1 -' /► j "` `tar I1 h. ' .r ' e 4 4 errJ'r 1 v •! l x 1• i 1. } 7� y X y i 44'�r . ' i ltr " ' -�,A, 7 : om. a r. 5 fV.•.` 7- ` .0 a i.-: ,4-# t +.,? • . 01 i t A> Waterway pic 542 Southside '- V I " r rii 1 i I _74. • II1 _' r Waterway pic 542 Southside f a,' 2 _ r _ II _.• s;"j I i j I 1 . --4-:— .-* alL'aw :FL:i '� \ .� S N.__) ‘..../ . ., , N':.,11.P1 ,, N 7 : .110�` W els/ E i ,.. , ,, . „ . .. IMO, , ; . �, �� SOUTHSIDE r, , ... O ; y 2426-19-7413 • ... -p, LOCATION MAP CROgTq Jy tz ENCROACHMENT REQUEST FOR MARK S. & CYNTHIA C. SUMMS Legend 'N 542 SOUTHSIDE ROAD City Properties Aip GPIN 2426-19-7413 . � Feet c:3 2426-19-7413 0 50 100 200 Prepared by P.W./Eng./Eng.Support Services Bureau 01/14/2021 X:CADD1ProJerdslARC f lies\AGENDA MAPS12 4 28-1 9-741 3Aerie /`' / N /•• NORFOLK / / r"------- , ,, J /, W---4:--E SaD J' SITE • 1/ /// / , -- - O' I L Cr •_ ____ I SOUTHSIDE RD / ) r- ', _ 2426-19-7413 I1 E. ,________ l‘rAi t, 0 LOCATION MAP z, CRO4TAN RD ENCROACHMENT REQUEST `_ kr ` 1— --7 MARK S. & CYNTHIA C. SUMMS U MS Legend v LJ 542 SOUTHSIDE ROAD City Properties / ❑ GPIN 2426-19-7413 Air al Feet 2426-19-7413 iallik0 50 100 200 Prepared by P.W./Eng./Eng.Support Services bureau 01/14/2021 X:ICADD\Projects\ARc: r nes.AGE:NDA MAPS12426-19-741 ��p.LTIi op D O !': %: DA IR UTLER "" =` 4:: No. ; :. : C,� ` 38395 :? _., off' e. 5-2 �� FS - 1� ::.. ` a ONALE o� .:iiiii. �<v= -:=a�.:-Q�4. �� OPT (2- , T l- =s:ith:1'..:::::!_zie, PROPOSED 16' X 14' " '` BOAT LIFT 'Q.: eci- :t.... 2S' `...-4-;Z100' ilt 'et*"i'',:t.I. PROPOSED S /4, Q C A. "'•'- ALUMINUM RAMP 0 .._:,�., - "— TOP EX. RIP RAP `V ,� v WITH 1-LAYER �� , Q OF CL. I GRANITE Q o RIP RAP • 8' Q�" (FROM MHW TO TOP) To DENOTED BY HATCH o -)'o \)- PROPOSED FLOATING i, DOCK AND JET SKI FLOATS Q ' O o Y \ U Q� k � ,I O 3 SO, \ ADJACENT PROPERTY OWNERS: PROJECT: PIER, BOAT LIFT, RIP RAP ENLARGEMENT AREA IN: LAKE WESLEY SEE SHEET 4 SCALE: 1" = 20' BY: MARK & CYNTHIA SUMMS DATE: JULY 8, 2020 SHEET 3 OF 9 11-20-20 REV. W:\Summs,Cynthia-542 Southside Road\Drawings\20-45 nov 21 2020.dwg,11/21/2020 12:15:44 PM,1:20,DB Additional Info/Revision Received by VMRC January 20, 2021 /Ira cL°. CP o� ,o T 1-1,/®\iii litkip" ,� CROA TAN ROAD ADJOINERS: 4. DAVID A. TAYLOR 1. ROBERTA M. MADDOX CYNTHIA S. TAYLOR 540 SOUTHSIDE ROAD 544 SOUTHSIDE ROAD -41,p.LTA OL,u,F G VIRGINIA BEACH, VA. 23451 1RGINIA BEACH, VA. 23451 'J. ' 2. VIRGINIA BEACH EROSION COMMISSION 5. GF HOLDINGS, LLC 20 N. 8TH STREET, FLOOR 2 p IS G'. 2875 SABRE STREET, SUITE 500 DA�(I Rl UTLER VIRGINIA BEACH, VA. 23452 RICHMOND, VA 23219 p ', No. 3. RICHARD G. KRAMER 6. JAMES M. BRIGGS, TRUSTEE .� 38395 H. KELA KRAMER LYNDA H. BRIGGS, TRUSTEE 6. 25'20 , VIRGI512 CAOATAN BEACH OAD VA. 23451 VIRGINIA BEACH521 KERRY , VA. 23451 ��SIDNAL E��1� ADJACENT PROPERTY OWNERS: PROJECT: PIER, BOAT LIFT, RIP RAP INSEE THIS SHEET ADJOINER MAP B LAKE WESLEY BY: MARK & CYNTHIA SUMMS SCALE: 1" = 80' DATE: JULY 8, 2020 SHEET 4 OF 9 11-20-20 REV. W:\Summs,Cynthia-542 Southside Road\Drawings\20-45 nov 21 2020.dwg,11/21/2020 12:16:05 PM,1:60,DB Additional Info/Revision Received by VMRC January 20, 2021 /Ira • Disclosure Statement .. r:y 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 Mark S. Summs and Cynthia C.Summs 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 [a 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(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 I d Disclosure Statement c: y.j irmonk, _., 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 t 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? It Yes ❑ No • If yes,identify the financial institutions. SunTrust Bank now Truist Bank, Home Equity Line of Credit 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? El Yes INo • If yes,identify the real estate broker/realtor. 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 or individual providing the service. Saunders,Matthews&Pfitzner,PLLC, Jennifer Ann Saunders Pfitzner 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? I Yes ❑ No • If yes,identify the firm or individual providing the service. Gallup Surveyors&Engineers,Ltd. 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. Wage Disclosure Statement _ Planning &Community Development 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property? II Yes ❑ No • If yes,identify the construction contractor. Broad Bay Contractor Inc.,Charles and Scott Labiak 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? V Yes ❑ No • If yes,identify the engineer/surveyor/agent. Gallup Surveyors&Engineers, Ltd., David Butler 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property? II Yes ❑ No • If yes,identify the name of the attorney or firm providing legal services. Wolcott Rivers Gates,Carl Eason 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 Print Name and Tits Mark s.Summs, Property Owner Cynthia C.Summs,Property Owner Date 3!a ay I Z U 2 1 Is the applicant also the owner of the subject property? I Yes ❑ No • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications 171rNo changes as of ° ot4 (a 3 I ca Signature �l, 1 Print Name r^If 1 3IPage ... .„ ue , v __I,,._,,,,,, „,..k. _ „ 1/4,....„..1/4„..,,, CITY OF VIRGINIA BEACH AGENDA ITEM I ITEM: An Ordinance to Appropriate Funds to Provide an Interest-Free Loan to the Plaza Volunteer Rescue Squad for the Purchase of a New Ambulance MEETING DATE: May 4, 2021 • Background: The ten volunteer rescue squads in the City of Virginia Beach provide invaluable services to our community. The volunteer rescue squads own all the ambulances providing emergency medical transportation services in the City of Virginia Beach. They receive no direct tax funding for their operating costs to provide these services and do not charge patients for the medical treatment and/or transportation rendered. The primary source of revenue for the volunteer rescue squads is through their individual squad fund drives, conducted annually. Depending on the availability of funds, the City provides some support costs for the rescue squads, such as providing standard equipment for the ambulances, physical facilities and spaces to house and support equipment and personnel, paying utility bills for facilities housing a rescue squad, providing or payii iy for pi.,perty and liability insurance for facilities used to operate the volunteer emergency medical transport, providing or paying for fuel for ambulances, zone cars and other emergency service vehicles, providing or paying for insurance covering ambulances and other emergency service and support vehicles owned by the rescue squads, providing adequate staff and budget for volunteer EMS recruitment and retention programs, providing initial and continued training and education of volunteers, and providing shift supervision. Also, the City of Virginia Beach has historically provided short-term, no-interest loans to the volunteer rescue squads servicing our citizens. The majority of these loans have been to provide initial capital for the acquisition of replacement ambulances. This agenda item is to provide a loan requested by the Plaza Volunteer Fire Company and Rescue Squad, Inc. (PVRS). The PVRS requests an interest-free loan from the City for a new ambulance to replace one that requires replacement. • Considerations: If approved by Council, the loan amount would be $97,000 payable in five annual payments of $19,400 each, with the first payment due on May 31, 2022. • Public Information: Normal Council agenda notification process. • Alternatives: The alternative to this request is for the squad to pursue a business loan from a private financial institution, which will be costlier. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance; Loan Agreement; Promissory Note; Disclosure Form Recommended Action: Approval Submitting Department/Agency: Department of Emergency Medical Services City Manager: O'V 1 AN ORDINANCE TO APPROPRIATE FUNDS TO PROVIDE 2 AN INTEREST-FREE LOAN TO THE PLAZA VOLUNTEER 3 RESCUE SQUAD FOR THE PURCHASE OF A NEW 4 AMBULANCE 5 6 WHEREAS, the Plaza Volunteer Fire Company and Rescue Squad, Inc. ("Plaza 7 Volunteer Rescue Squad") has requested an interest free loan of$97,000 to purchase a 8 replacement ambulance with required equipment. 9 10 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 11 VIRGINIA BEACH, VIRGINIA, THAT: 12 13 1 $97,000 is hereby appropriated from the fund balance of the General Fund for an 14 interest-free loan to the Plaza Volunteer Rescue Squad for the purchase of a 15 replacement ambulance; and 16 17 2. The loan authorized herein is to be repaid by Plaza Volunteer Rescue Squad 18 over five (5) years, pursuant to the terms of the attached agreement and 19 promissory note. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2021. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget& Management Services ey's 0 ice CA15434 R-1 April 21, 2021 Agreement between the City of Virginia Beach and the Plaza Volunteer Rescue Squad THIS AGREEMENT is made and entered into this day of , 2021, by and between the CITY OF VIRGINIA BEACH, VIRGINIA("CITY") and the Plaza Volunteer Fire Company and Rescue Squad, Inc., a Virginia non-stock corporation ("RESCUE SQUAD"), in accordance with the provisions of Code of Virginia §§ 27-15.2 and 27-23.6. WHEREAS, the RESCUE SQUAD maintains equipment and personnel for emergency medical services within the City of Virginia Beach; and WHEREAS, the RESCUE SQUAD desires to provide the CITY with qualified and certified volunteer personnel and equipment to provide emergency medical services,and WHEREAS, the CITY hereto desires to support the volunteer emergency medical services in Virginia Beach provided by the RESCUE SQUAD; and WHEREAS, it is mutually deemed sound, desirable, practicable, and beneficial for the parties to enter into this agreement to render support and services to one another in accordance with these terms. WITNESSETH For and in consideration of the mutual promises and covenants set forth herein, and for other valuable consideration related to the acquisition of vehicles,the parties enter into the following agreement as defined below: RESPONSIBILITIES OF THE CITY A. Provide a no interest loan for the purchase of the vehicle(s). B. Provide standardized equipment required for operations within the City including,but not limited to mobile communications devices and map books. C. Provide or pay for insurance for damage to ambulances with a $50,000 deductible and provide or pay for liability insurance for ambulances, emergency service and support vehicles owned by the RESCUE SQUAD. D. Provide fuel for the vehicle. E. Provide all vehicle maintenance and inspection services, including payment of the annual maintenance fee, in support of the vehicle(s) through the CITY's Division of Automotive Services, so long as the vehicle(s) remain CITY-insured. The Division of Automotive Services shall maintain maintenance records and allow the RESCUE SQUAD's officers access to those records. RESPONSIBILITIES OF THE RESCUE SQUAD A. The RESCUE SQUAD shall repay the loan for the vehicle(s)according to the Promissory Note. The RESCUE SQUAD shall have the ability to request reasonable relief on the due date/amount should extenuating circumstances occur. This request shall be made to the EMS Chief no less than 30 days prior to the payment due date, and the EMS Chief may provide an extension not to exceed six months upon a written determination that the extension is the result of extenuating circumstances. No more than one extension shall be granted without authorization from the City Council. B. If the vehicle(s) be sold, after satisfying all conditions of the loan, including repayment, the CITY-owned equipment shall be removed and returned to the CITY prior to the sale of the vehicle(s), 1 unless prior arrangements have been made to reimburse the CITY for the fair market value of the CITY- owned equipment. C. If, notwithstanding the provisions of subsection E in the prior section, the RESCUE SQUAD elects not to use the services of the CITY's Division of Automotive Services for any and all maintenance and inspection services, it shall be the responsibility of the RESCUE SQUAD to maintain the vehicle(s)in accordance with the manufacturer's recommended maintenance schedule and procedures. The RESCUE SQUAD shall pay for all necessary maintenance and repairs and shall only use repair shops that are acceptable to the EMS Chief. DEFAULT AND MODIFICATION A. In the event that the RESCUE SQUAD defaults on the loan, the CITY may in its sole discretion agree to a modification of this agreement, in accordance with the modification procedure set forth in the next subsection. If the parties do not agree in writing to a modification of this agreement, then, upon default of the loan, ownership of the vehicle(s) shall revert to the CITY. The CITY shall provide a rebate to the RESCUE SQUAD based on the net difference between the fair market value of the vehicles and the unpaid portion of the loan. If the CITY and the RESCUE SQUAD are unable to agree upon the fair market value of the vehicle(s), the parties shall select a third party who is acceptable to both the CITY and the RESCUE SQUAD to determine the fair market value of the vehicle(s). B. This agreement may be reviewed at any time upon the direction of the City Manager. Each party must agree in writing to any subsequent modifications. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first above written. PLAZA VOLUNTEER FIRE COMPANY AND CITY OF VIRGINIA BEACH RESCUE SQUAD, INC. City Manager/Authorized Designee By: Title: Date ATTEST: City Clerk APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Virginia Beach EMS Chief City Attorney's Office APPROVED AS TO RISK MANAGEMENT: Virginia Beach Risk Management 2 PROMISSORY NOTE $97,000.00 Virginia Beach, Virginia Mav, 2021 FOR VALUE RECEIVED, Plaza Volunteer Fire Company and Rescue Squad, Inc. ("Maker") promises to pay, without offset, to the order of the City of Virginia Beach, ("Noteholder") at Municipal Center, Virginia Beach, VA, or such other place as Noteholder may designate in writing, the principal sum of NINETY SEVEN THOUSAND DOLLARS AND ZERO CENTS ($97,000.00) together with interest thereon. From the date of this Note, interest on the unpaid principal balance shall accrue at the rate of ZERO Percent(0%)per annum. Payment on principal shall be as follows: On or before May 31, 2022 - $19,400.00 On or before May 31, 2023 - $19,400.00 On or before May 31, 2024 - $19,400.00 On or before May 31, 2025 - $19,400.00 On or before May 31, 2026 - $19,400.00 This note may be prepaid in whole or in part without penalty. Any such prepayments shall be applied to principal. If the Noteholder has not received the full amount of the annual payment by the end of 15 calendar days after the date it is due, Maker will pay a late charge to the Noteholder. The amount of the charge will be 15% of any overdue payment of principal. Maker will pay this late charge promptly but only once on each late payment. If Maker does not pay the full amount of each annual payment on the date it is due, Maker will be in default, and the entire principal amount hereof,together with all accrued interest and late charges, shall become immediately due and payable at the option of the Noteholder. Failure to exercise this option upon any default shall not constitute or be construed as a waiver of the right to exercise such option subsequently. Presentment, demand, protest, notices of dishonor and of protest, and all defenses and pleas on the ground of any extension or extensions of the time for payment or of the due dates of this note, the release of any parties who are or may become liable heron, in whole or in part,before or after maturity, with or without notice, are waived by the Maker and are jointly and severally waived by any endorsers, sureties, guarantors and assumers hereof. It is further agreed by each of the foregoing parties that they will pay all expenses incurred in collection this obligation, including reasonable attorney's fees, if this obligation or any part hereof is not paid when due. WITNESS the following signature(s). Plaza Volunteer Fire Company and Rescue Squad, Inc. (SEAL) Title: Date: DISCLOSURE STATEMENT FORM The Virginia Beach City Council requires you to declare your relationships to certain service providers and financial institutions so that it can determine if any City Council members have conflicts of interest in the application you are bringing before them. Organization name: Plaza Volunteer Rescue Fire Co Indicate if you receive any of the following services, and if so, from whom: YES NO SERVICE PROVIDER (use additional sheets if needed) Chad White, White, Y Accounting and/or preparation of Anderson & Associates tax returns PC Financial Services (include bank institutions, lending institutions, Beach Municipal Federal Y and current mortgage holders as Credit Union applicable) N Legal Services n/a 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. L- 7 X , Ri-A,,vKt /7 APPLICANT'S SI TURE Katherine Daves 4/5/2 021 PRINT NAME DATE r,a� �1 \ FO �' k.� Y�i-7 CITY OF VIRGINIA BEACH AGENDA ITEM I ITEM: An Ordinance to Accept and Appropriate Grant Funds to the Department of Parks and Recreation for a Tree Planting Initiative and to Authorize a Local Match MEETING DATE: May 04, 2021 • Background: The Department of Parks and Recreation (the "Department") has been awarded a $10,530 grant from the Virginia Department of Forestry for the City's Community Tree Planting Initiative (the "Initiative"). The Department is tasked with overseeing the City's urban forest and uses a three- pronged approach to sustain the City's tree canopy. The components of the three- pronged approach include: • Assessment — this includes assessing and analyzing tree canopy data, quantifying the gains and losses, and defining the areas within the City that pose challenges and opportunities • Management of Resources - this includes hazard removals, mitigation for tree loss, cyclical tree maintenance, and preservation • Communication, Engagement, and Collaboration - this includes engaging citizens on the importance of protecting, maintaining, and planting trees within the community and holding them as valuable assets Additionally, the City of Virginia Beach is committed to increasing the City's tree canopy to 45% by 2034. The most recent Urban Tree Canopy Study indicated that the City has lost 1% of its tree canopy since 2014, reducing the canopy from 40% to 39%. Most of these losses have occurred in residential neighborhoods on private property. If approved, the Initiative will use the grant funding to purchase 110 large canopy trees. These trees will be planted at 25 parks and 25 schools located throughout the City by November 30, 2021, including the Chesapeake Bay and Lynnhaven Watersheds. Ongoing maintenance of the trees will be managed by the Department, which includes tree replacements, cyclical tree pruning, preservation, tree health assessments, inventory, fertilizations, and organic pest management. The grant requirements include community engagement. The Department plans to meet this requirement by hosting virtual events that will invite citizens to learn about proper tree planting and preferred tree species and engage residents about the benefits trees provide to clean water. • Considerations: Increasing the City's tree canopy will provide a host of benefits, including improving water quality. Additionally, the Department's staff will commit to holding an annual event to engage and educate citizens about the importance of trees, possibly leading to more residents planting trees on private property. The grant requires a 50/50 local match. In addition to the $10,530 awarded by the Virginia Department of Forestry, the City is responsible for allocating the same amount of matching funds. This match will be provided through available appropriations within the Department of Parks and Recreation's FY 2020-21 Operating Budget. In-kind services will account for $4,080, while the remaining $6,450 will be funded from operating accounts. • Public Information: Normal Council agenda process. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Budget and Management Services City Manager: thV 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 GRANT FUNDS TO THE DEPARTMENT OF PARKS 3 AND RECREATION FOR A TREE PLANTING 4 INITIATIVE AND TO AUTHORIZE A LOCAL MATCH 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 1. A grant of $10,530 is hereby accepted from the Virginia Department of 10 Forestry and appropriated, with estimated state revenue increased 11 accordingly, to the FY 2020-21 Operating Budget of the Department of Parks 12 and Recreation for a community tree planting initiative. 13 14 2. A local match is hereby authorized from in-kind services and existing 15 operating accounts within the Department of Parks and Recreation. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2021. Requires the affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 01- ()- Budget and Management Services City o ey's Office CA15435 R-1 April 21, 2021 r � ;.4„. ,...., ,,, , .„. 2 ,i, `_ .....4.,. f ,,,,,,:,.....„ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Transfer $400,000 from Capital Project #100075, "21st Century Enterprise Resource Planning," to Capital Project#100095, "Enterprise Scheduling and Timekeeping System" MEETING DATE: May 4, 2021 • Background: The City of Virginia Beach is in the process of implementing VBTime, which is a new scheduling and timekeeping system. It has become apparent that the scheduling module will not meet the specialized needs of Police and Emergency Communications & Citizen Services, but VBTime could be supplemented with a specialized Public Safety scheduling product, TeleStaff, which has features specifically designed for organizations like police, fire, emergency medical services, and emergency communications. The product supports the management of staff based on public safety's operational requirements such as rostering, call backs, and mandatory facility/shift staffing levels. The TeleStaff product has been in use by the City's Fire Department for approximately 20 years, and the expansion of its use to other departments within the City's public safety departments will provide efficiencies for administration and support. The budget for the implementation of the TeleStaff software for Police and ECCS is not currently included in Capital Project #100095 "Enterprise Scheduling and Timekeeping Systems". • Considerations: The attached ordinance will transfer $400,000 from Capital Project #100075, "21st Century Enterprise Resource Planning," to Capital Project #100095, "Enterprise Scheduling and Timekeeping System." The implementation of TeleStaff will take approximately nine months. Starting this project in FY 2020-21 will allow for a spring 2022 launch. Without this expansion, some departments in Public Safety will continue to struggle with current manual timekeeping processes. • Public Information: Normal City Council agenda process. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Information Technology City Manager:plc 1 AN ORDINANCE TO TRANSFER $400,000 FROM 2 CAPITAL PROJECT #100075, "21 ST CENTURY 3 ENTERPRISE RESOURCE PLANNING," TO CAPITAL 4 PROJECT #100095, "ENTERPRISE SCHEDULING 5 AND TIMEKEEPING SYSTEM" 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA, THAT: 9 10 $400,000 is hereby transferred from Capital Project #100075, "21st Century 11 Enterprise Resource Planning," to Capital Project #100095, "Enterprise Scheduling and 12 Timekeeping System,"for the implementation of TeleStaff for the Police Department and 13 Emergency Communications and Citizen Services Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2021 . APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY' Budget & Management Services ey's Office CA15383 R-1 April 21, 2021 I. PLANNING 1. GEORGE RANDOLPH WEBB,JR. & LELIA GRAHAM WEBB for a Street Closure re 25-foot wide by 125-foot long portion of Holly Road adjacent to 401 49th Street DISTRICT 5 —LYNNHAVEN (Deferred from April 20,2021) RECOMMENDATION: APPROVAL 2. OCEANFRONT INVESTMENTS,LLC for a Street Closure re 420 square foot portion of Atlantic Avenue adjacent to 4201 Atlantic Avenue DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 3. GRACE BIBLE CHURCH OF VIRGINIA BEACH,INC.for a Modification of Conditions re religious use adjacent and South of 2285 London Bridge Road DISTRICT 7—PRINCESS ANNE RECOMMENDATION: APPROVAL 4. CESJB, LLC for a Conditional Use Permit re short term rental at 409 24th %2 Street DISTRICT 6—BEACH(Deferred from April 6, 2021) RECOMMENDATION: APPROVAL u•e�, x�c,�yL Z 4 s..,.,!iit., NOTICE OF PUBLIC HEARING In accordance with Virginia Code§2.2-3708.2,Virginia Code§15.2- 1413 and the City's Continuity of Government Ordinance adopted on March 2,2021,and Chapter 1289 of the 2020 Acts of Assembly as amended,a Public Hearing of the Virginia Beach City Council will be held on Tuesday,May 4,2021 at 6:00 p.m.In Suite 5 of the Virginia Beach Convention Center. Due to physical distancing and safety precautions related to the pandemic,limited public seating will be available in Suite 5,with overflow seating in Suite 4.Members of the public will be able to observe the City Council meeting through livestreaming on www.vbgov.com,broadcast on VB1V,and via WebEx. Citizens who wish to speak can sign up to speak either in-person at the Convention Center or virtually via WebEx by completing the two- step process below.Citizens signed up to speak in-person who cannot be seated in Suite 5 will wait in Suite 4 of the Convention Center until called into the meeting room to speak. In-person speakers will be required to follow physical distancing and safety protocols,including wearing a mask while in the Convention Center.Citizens requiring accommodations to these requirements are encouraged to participate through electronic means or to contact the City Clerk's Office at 757-385-4303 to discuss accommodations.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 pttns//vbenv wehex cnm/vhenv/onataee/f nhn?MTID=e770 90R,h&d1r6ahe54097eRR34.9e9eda 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m.on May 4,2021. The following requests are scheduled to be heard: George Randolph Webb&Lelia Graham Webb(Applicants&Property Owners)Street Closure Address:25-foot wide by 125-foot long portion of Holly Road adjacent to 401 49th Street GPIN(s): Adjacent to 2418788ARt Council District Lynnhaven Grace Bible Church of Virginia Beach, Inc. (Applicant& Property Owner)Modification of Conditions(Religious Use)Address:Adjacent and south of 2285 London Bridge Road GPIN(s): 2405700297 Council District:Princess Mne Oceanfront Investments, LLC(Applicant& Property Owner)Street Closure Address:Portion of Atlantic Avenue adjacent to 4201 Atlantic Avenue GPIN(s):Adjacent to 2418966049 Council District Beach 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.vbgov.com/pc.For information call 757-385- 4621. If you require a reasonable accommodation for this meeting due to a disability,please call the City Clerk's Office at 757-385-4303.If you are hearing impaired,you can contact Virginia Relay at 711 for TDD service.The meeting will be broadcast on cable TV,www.vbgov.com and Facebook Live. Due to the ongoing Covid-19 Pandemic,please check our website at www.vbgov.com/government/departments/cityclerk/city-council for the most updated meeting information. All interested parties are invited to participate. Amanda Barnes City Clerk BEACON-APRIL 18&25,2021-1 TIME EACH SJ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Ordinance Approving Application of George Randolph Webb, Jr. and Lelia Graham Webb for the Closure of One-half of an Unimproved Portion of Holly Road Adjacent to 401 49th Street MEETING DATE: May 4, 2021 (DEFERRED FROM APRIL 20, 2021) • Background: George Randolph Webb, Jr. and Lelia Graham Webb (the "Applicants") requested the closure of approximately 3,125 sq. ft. of an unimproved portion of Holly Road (the "Right-of-Way"), adjacent to their property located at 401 49th Street (GPIN: 2418-78-8383), for the purpose of incorporating the closed area into their adjoining property. • Considerations: A portion of the existing porch and the driveway for their residence have been located within the Right-of-Way for decades. An existing public sewer line is located within the Right-of-Way and within the 15- foot wide lane located along the rear of the property. Therefore, the Department of Public Utilities requested that the conditions of the closure include the dedication of a public utility easement over the Right-of-Way. The Department of Public Works indicated that this area has been identified in the Stormwater Master Plan as providing stormwater storage for the Broad Bay drainage basin; therefore, the conditions include the dedication of a public drainage easement over the Right-of-Way. The Viewers determined that closure of the Right-of-Way, with the conditions set forth below, will not result in any public inconvenience. There was one speaker in opposition at the Planning Commission public hearing who noted concern that public access to and from lots located north of the Applicants' property would be eliminated. Therefore, the Applicants were agreeable to the dedication of a public access easement for pedestrian use over the eastern portion of the Right-of-Way. Condition #2 has been modified to include this dedication. Upon dedication of the easements, improvements located within the easement areas must be removed or the Applicants must seek an encroachment agreement with the City of Virginia Beach for improvements located within the easement areas. George Randolph Webb& Lelia Graham Webb Page 2 of 3 The Applicants, through their attorney, have requested that this item be deferred to May 4, 2021. ■ Recommendation: The Planning Commission passed a motion by a recorded vote of 9-0, to recommend approval of this request to the City Council with the below conditions. Condition 2 has been modified as stated above: 1. The City Attorney's Office shall make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City of Virginia Beach shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Planning Department. 2. The Applicants shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining lot. The resubdivision plat must be submitted and approved for recordation prior to the final street closure approval. Said plat must include the dedication of(a) a public utility easement over the Right-of-Way; (b) a public drainage easement over the Right-of-Way; and (c) a public access easement over the eastern 10' of the Right-of-Way for pedestrian access to and from the alley adjacent to the rear of the property, which easements are subject to approval of the Department of Public Utilities and Department of Public Works, respectively, and the City Attorney's Office, and which easements shall include a right of reasonable ingress and egress. 3. The Applicants shall verify that no private utilities exist within the Right-of-Way proposed for closure. If private utilities do exist, easements satisfactory to the utility company must be provided and shall be recorded after the final resubdivision plat is recorded with the Clerk of Circuit Court. 4. If any improvements will remain in the Right-of-Way after the closure is finalized, prior to finalization of the street closure, the Applicants must apply for an encroachment into the public utility easement and the public drainage easement for all improvements that will remain in the Right-of-Way. 5. Closure of the Right-of-Way shall be contingent upon compliance with the above-stated conditions within 365 days of the approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved for recordation within one (1) year of the City Council vote to close the Right- of-Way, this approval shall be considered null and void. George Randolph Webb & Lelia Graham Webb Page 3 of 3 • Attachments: Ordinance Staff Report (with Disclosure Statement Form) Minutes of Planning Commission Hearing Location Map Letter of Concern (Addressed by public access easement) Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department / City Manager:/f, 1 ORDINANCE APPROVING APPLICATION OF 2 GEORGE RANDOLPH WEBB, JR. AND LELIA 3 GRAHAM WEBB FOR THE CLOSURE OF 4 ONE-HALF OF AN UNIMPROVED PORTION 5 OF HOLLY ROAD ADJACENT TO 401 49TH 6 STREET 7 8 WHEREAS, George Randolph Webb, Jr. and Lelia Graham Webb (the 9 "Applicants") applied to the Council of the City of Virginia Beach, Virginia, to have the 10 hereinafter described portion of an unimproved, right-of-way discontinued, closed, and 11 vacated; and 12 13 WHEREAS, it is the judgment of the Council that said portion of right-of-way be 14 discontinued, closed, and vacated, subject to certain conditions having been met on or 15 before one (1) year from City Council's adoption of this Ordinance; 16 17 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 18 Beach, Virginia: 19 20 SECTION I 21 22 That the hereinafter described portion of unimproved right-of-way (the "Right-of- 23 Way") be discontinued, closed and vacated, subject to certain conditions being met on 24 or before one (1) year from City Council's adoption of this ordinance: 25 26 ALL THAT certain piece or parcel of land situate, lying and 27 being in the City of Virginia Beach, Virginia, designated and 28 described as "AREA OF PROPOSED STREET CLOSURE 29 (3,125 SQ. FT. OR 0.072 ACRES)", and shown on that 30 certain street closure exhibit entitled: "STREET CLOSURE 31 EXHIBIT OF A 25' X 125' PORTION OF HOLLY ROAD (50' 32 R/W)(FORMERLY 3RD STREET) BETWEEN 49TH STREET 33 AND A 15 FOOT LANE A MAP OF THE HOLLIES (M.B. 6, 34 PG. 107) VIRGINIA BEACH, VIRGINIA", Scale: 1" = 30', 35 dated August 4, 2019, and prepared by WPL, a copy of 36 which is attached hereto as Exhibit A. 37 38 SECTION II 39 40 The following conditions must be met on or before one (1) year from City 41 Council's adoption of this ordinance: 42 43 44 45 No GPIN Assigned (City Right-of-Way) 46 Adjacent GPIN: 2418-78-8383 47 1. The City Attorney's Office shall make the final determination regarding 48 ownership of the underlying fee. The purchase price to be paid to the City of Virginia 49 Beach shall be determined according to the "Policy Regarding Purchase of City's 50 Interest in Streets Pursuant to Street Closures", approved by City Council. Copies of the 51 policy are available in the Planning Department. 52 53 2. The Applicants shall resubdivide the property and vacate internal lot lines 54 to incorporate the closed area into the adjoining lot. The resubdivision plat must be 55 submitted and approved for recordation prior to the final street closure approval. Said 56 plat must include the dedication of (a) a public utility easement over the Right-of-Way; 57 (b) a public drainage easement over the Right-of-Way; and (c) a public access 58 easement over the eastern 10' of the Right-of-Way for pedestrian access to and from 59 the alley adjacent to the rear of the property, which easements are subject to approval 60 of the Department of Public Utilities and Department of Public Works, respectively, and 61 the City Attorney's Office, and which easements shall include a right of reasonable 62 ingress and egress. 63 64 3. The Applicants shall verify that no private utilities exist within the Right-of- 65 Way proposed for closure. If private utilities do exist, easements satisfactory to the utility 66 company must be provided and shall be recorded after the final resubdivision plat is 67 recorded with the Clerk of Circuit Court. 68 69 4. If any improvements will remain in the Right-of-Way after the closure is 70 finalized, prior to the finalization of the street closure, the Applicants must apply for an 71 encroachment into the public utility easement and the public drainage easement for all 72 improvements that will remain in the Right-of-Way. 73 74 5. Closure of the Right-of-Way shall be contingent upon compliance with the 75 above-stated conditions within 365 days of approval by City Council. If the conditions 76 noted above are not accomplished and the final plat is not approved for recordation 77 within one (1) year of the City Council vote to close the Right-of-Way, this approval shall 78 be considered null and void. 79 80 SECTION III 81 82 1. If the preceding conditions are not fulfilled on or before May 3, 2022, this 83 Ordinance will be deemed null and void without further action by the City Council. 84 85 2. If all conditions are met on or before May 3, 2022, the date of final closure 86 is the date the street closure ordinance is recorded by the City Attorney. 87 88 3. In the event the City of Virginia Beach has any interest in the underlying 89 fee, the City Manager or his designee is authorized to execute whatever documents, if 90 any, that may be requested to convey such interest, provided said documents are 91 approved by the City Attorney's Office. 92 SECTION IV 93 94 A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit 95 Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF 96 VIRGINIA BEACH (as "Grantor") and George Randolph WEBB, Jr. and Lelia Graham 97 WEBB (collectively, as "Grantee"). 98 99 Adopted by the Council of the City of Virginia Beach, Virginia, on this day 100 of , 2021. 101 102 THIS ORDINANCE REQUIRES AN AFFIRMATIVE VOTE OF 103 THREE-FOURTHS OF ALL COUNCIL MEMBERS ELECTED TO COUNCIL APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: W.)-} Lua.(1,Q, Planning Dep rtment City Attorney CA14856 \vbgov.com\dfs l\app lications\citylaw\cycom32\wpdoc s\d011\p037\0071 1178.doc R-1 April 21, 2021 EXHIBIT A •t. " LOT 9 LOT 10 ...1G LOT 13 .RIC ARNER A \aGo� Lic. . 2904 y �4:, , Q, \ SAANNHOEWER LE e 08/06/2019 4 . 15' LANE TA, ''cC) (15'R/W)(UN/AIPROVED)(A1.B. 6, PG. 107) 0 SUEv1' OVERHEAD WIRES _. _ f' „ —T, LOT 229 4 POWER 36•zs, '� POLE RAIL FENCE GP/N.• 2418-78-8383 ,. BRICK WALL ,'•STONE IHB42 JO W/COLUMNS do 4k,i STONEIN 36" WOOD FENCE ,,e WALL L� 01P *4 0 *04, � o A�i/ 4L) STONE ATM ~ Lll v. 1�;•BRICK 1-) Q ao Q 11.65' O .PAVERS -Q Q <0`4 �4,. BRICK \N�j O h �P4 PLANTER h #401 — nl �'•�BRICK Q LOT 230 2-STORY FRAME E, or_ib STEPSir) Q, '' I'' BRICK< m AREA OF PROPOSED = '1 ,w PLANTER p Q, STREET CLOSURE 11.32 , oXw• � (3, 125 SO. FT. OR — ' ;X �.>, 0.072 ACRES) ,►/>X��4` A u. N 50' MA 25'�, 25'7. - NOTES: o` 50' Vr 1. THIS EXHIBIT IS INTENDED TO `c° LSTONE SHOW THE AREA OF Q� � � RETAININ ° � � PROPOSED RIGHT-OF-WAY STORM BASIN 1., WALL t; IN CONCRETE GRAVEL, CLOSURE AND INDEPENDENT APRON... _ OF THE ASSOCIATED RECORD DOCUMENTS) IS NOT (70'rR/W) r INTENDED FOR ANY OTHER 49 th (FORMERLY AVENUE E) STREET THAN GENERAL REFERENCE. NB. 6, PG 107) 2. A TITLE REPORT HAS NOT SAN SEWER BEEN PROVIDED FOR THIS MANHOLE PROPERTY. SCALE: 1"=30' SHEET 1 OF 2 -- = STREET CLOSURE EXHIBIT AUGUST 4, 2019 OF T _ - A 25' X 125' PORTION OF HOLLY ROAD (50' R/W)(FORMERLY 3RD STREET) BETWEEN 49TH STREET AND A 15 FOOT LANE A MAP OF THE HOLLIES Landscape Architecture N.B. 6, PG. 107) Land Surveying Civil Engineering VIRGINIA BEACH, VIRGINIA v 757.431.10 242 MEU co Cm 1RAL Sit 8 4 4A ff/CJI b 234 4112 CAD/chk: MRB/eag CITY OF VIRGINIA BEACH, VA 'F.B. 1054 P.40 I PLAT: H-73 IJN:218-0026 LOT# OWNER(S) - N/F GPIN REFERENCE(S) 228 BERKLEY, MARIANNA 2418-78-9386 M.B. 6, PG 107 REVOCABLE TRUST IN. 20131101001296390 229 WEBB GEORGE 2418-78-8383 M.B. 6, PG 107 RAN DOLPH,.J R IN. 20170607000480490 230 MURPHY, TERENCE 2418-78-8342 M.B. 6, PG 107 IN. 20130321000331490 LOT 13 DEWEY, ROBERT L. 2418-78-9502 M.B. 18, PG 19 D.B. 3260, PG. 1157 LOT 10 CRAIG, TERRY ALAN 2418-78-8427 M.B. 42, PG 16 IN. 20070226000259430 LOT 9 ABENIR, MARIBEL 2418-78-7454 M.B. 42, PG 16 IN. 200408300137666 # Th1 Op p r,� Gi i RIC . ARNER -44 ' Lic. 2904 08/06/.2019 SURD c SCALE: NTS SHEET 2 OF 2 STREET CLOSURE EXHIBITAUGUST 4, 2019 OF A 25' X 125' PORTION OF HOLLY ROAD (50' R/W)(FORMERLY 3RD STREET) BETWEEN 49TH STREET AND A 15 FOOT LANE A MAP OF THE HOLLIES Landscape Architecture (M.B. 6, PG. 107) Land Surveying VIRGINIA BEACH, VIRGINIA Civi Engineering rplsite.com 757.431.1041 242 MI50W61R11 SIE 81i�IN K t w 23t52 CAD/chk: MRB/eag CITY OF VIRGINIA BEACH, VA IF.B. 1054 P.40 I PLAT: H-73 IJN:218-0026 Applicants & Property Owners George Randolph Webb, Jr. & Agenda Item Lelia Graham Webb /'''-- Planning Commission Public Hearing March 10, 2021(Deferred 5 City of from January 13,2021 PC Hearing) Virginia Beach City Council Election District Lynnhaven Requests Street Closure Staff Recommendation 1-... 560,5t,eet ., G 55lh Street Approval Staff Planner t 1 ;OH t et t �tp$tree e Marchelle Coleman /! d5tio�t� J J '4ilk 0.cJlteC\ Location C to tta S 25-foot wide by 125-foot long portion of Holly El: tt"° t Road adjacent to 401 49th Street � 0,h sues'ow Adjacent GPIN e / - �YptleYn gay Colony pnv Gob Y 11N 2418788383 i p11eY 0th 5ta�9lteet S° _ °9 le a5tn H Site Size N p `a�P of z t a5lh Street 3,125 square feet a a ° a ed p"`" street 1 o F e r „tstree`, AICUZ a3,d a, d,,,,- 65-70 dB DNL; Sub-Area 3 Gavalre'Dore 41Nd Ha"gtreetaZnd StreA Watershed Chesapeake Bay Existing Land Use and Zoning District 04;.1t �`1 5,,, l 9 �*-; rt , .' �< it- 'k :. �� Unimproved right-of-way ►�` `' ; ... Surrounding Land Uses and Zoning Districts �� Or i'; +, `T ot North , 1... i 10::::,.. � Single-family dwellings/R-5R (NE) Residential 'a� w P .._ y (North End Overlay) ' -'' -',•• tF � " South aP ,� �" 49th Street 1 ` ‘. * .� ` +, , `.` '` r—R" Single-family dwellings/ R-7.5 Residential `� ',� aoc ` East ,t " t t Single-family dwelling/ R-7.5 Residential 4'< iy,lr• a- lAg, e West ., f , , .5 . A\_ e .• ,. Single-family dwelling/ R-7.5 Residential . 07 1 t- ,' 1 .,,+ George Randolph Webb,Jr. & Lelia Graham Webb Agenda Item 5 Page 1 Background & Summary of Proposal • The adjoining property owners are requesting to close the 25-foot wide by 125-foot long unimproved portion of Holly Road adjacent to 401 49th Street.The area to be closed is approximately 3,125 square feet. The property owners will incorporate a 25-foot wide by 125-foot long portion of the closed right-of-way into their lot. • This section of Holly Road has been platted for over 100 years and has never been improved or utilized as a public street. The western portion of this unimproved right-of-way has been used as a private driveway for decades with portions of the porch in the right of way for many years providing access to the home directly from the unimproved right-of-way. SpW Svec� "`e ,w No Zoning History to Report \ rrs' 4 .,ys' 1RliAT:Yr tip, f ` Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance LUP—Land Use Plan REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR Short Term Rental CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Evaluation & Recommendation A Viewers' Meeting was held on December 2, 2020,that included City Staff from the Departments of Public Works, Public Utilities, Planning and Community Development, and the Office of the City Attorney,to consider this application. The Viewers determined that the proposed closure, with the required easements to the City, will not result in any public inconvenience;therefore, closure of this portion of the right-of-way is deemed acceptable. The Department of Public Utilities indicated that there is an existing public sewer line located within this portion of the proposed closure and within the 15-foot wide alley in the rear of the property; therefore,the conditions of the street closure will include the dedication of a public utility easement to the City of Virginia Beach over the portion of the street to be closed and a public access easement for access to and from the alley adjacent to the rear of the property for the maintenance of public infrastructure located within or to be located within the alley. Similarly,the Department of Public Works is requesting a drainage easement over the portion of the street to be closed for potential future use as a Best Management Practice (BMP)to provide stormwater storage. This area has been identified in the Stormwater Master Plan as currently providing stormwater for the Broad Bay drainage basin. Upon dedication of the public utility and public drainage easements, all improvements located within the easement areas must either be removed to allow access to the easement areas for maintenance and repair when necessary or the applicants must seek an encroachment agreement with the City of Virginia Beach to hold the City harmless for removal of, or damage to, any improvements within the easement areas. George Randolph Webb,Jr. & Lelia Graham Webb Agenda Item 5 Page 2 Based on these considerations,Staff recommends approval of the proposed Street Closure subject to the conditions listed below. Recommended Conditions 1. The City Attorney's Office shall make the final determination regarding ownership of the underlying fee.The purchase price to be paid to the City of Virginia Beach shall be determined according to the"Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Planning Department. 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining lot. The resubdivision plat must be submitted and approved for recordation prior to the final street closure approval. Said plat must include the dedication to the City of Virginia Beach over the closed portion of the unimproved right-of-way(a)a public utility easement;(b)a public drainage easement;and (c)a public access easement for access to and from the alley adjacent to the rear of the property for maintenance of public infrastructure located within or to be located within the alley,which easements are subject to approval of the Department of Public Utilities and Department of Public Works, respectively, and the City Attorney's Office,and which easements shall include a right of reasonable ingress and egress. 3. The applicant shall verify that no private utilities exist within the right-of-way proposed for the closures. If private utilities do exist, easements satisfactory to the utility company, must be provided and shall be recorded after the final resubdivision plat is recorded with the Clerk of Circuit Court. 4. If any improvements will remain in the area proposed for closure after the closure is finalized, prior to finalization of the street closure,the applicant must apply for an encroachment into the public utility easement and the public drainage easement for all improvements that will remain in the area proposed for closure. 5. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of the approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved for recordation within one year of the City Council vote to close the right-of-way this approval shall be considered null and void. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations The Comprehensive Plan designates these sites as being in the Suburban Area,Suburban Focus Area (SFA) 7-North Beach Area. North Beach, located on both sides of Atlantic Avenue from 42"d Street to 89th Street, is characterized by a compact arrangement of single-family and duplex units with much of the land zoned Residential Resort(R-5R). Moreover,the North Beach area is characterized by a relatively high density of single-family/duplex housing, high impervious surface coverage and problematic topographic conditions,all of which combine to create recurring stormwater drainage problems. Recommendations for North Beach include parcel consolidation,density stabilization, George Randolph Webb,Jr. & Lelia Graham Webb Agenda Item 5 Page 3 and the use of the Best Management Practices (BMPs)for stormwater control. Improvement and reconstruction should use porous material for driveways,walkways, and other similar surfaces, where feasible,to achieve a net reduction of impervious coverage. Attractive and high quality materials capable of withstanding severe weather events should be used (p.3-24). Natural & Cultural Resources Impacts The site is located in the Atlantic Ocean watershed.There does not appear to be significant natural or cultural resources associated with the site. Public Outreach Information Planning Commission • One letter of concern has been received by Staff noting concern that the proposed street closure will eliminate pedestrian access between 49th & 50th Streets. • As required by the Zoning Ordinance, the public notice sign(s)was placed on the property on February 8, 2021. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, February 21, 2021 and February 28, 2021. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on February 22, 2021. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of www.vbgov.com/pc on March 4, 2021. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,April 4, 2021 and April 11, 2021. • 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 April 5, 2021 • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on April 16, 2021. George Randolph Webb,Jr. & Lelia Graham Webb Agenda Item 5 Page 4 Street Closure Exhibit Vi.�0 LOT 9 LOT 10 J LOT 13 RIC ARNER a 9t,� Li 08/06/2 0 19 904� i w Qa`� MANHO EER 15' LANE 911Td `to (15'R4V)(UMM°R0S.D)(M.8. 8, PC. 107) • SUlt�T' OVERHEAD WIRES 50 it ' 1�.25 .. 25' LOT-228 ��# � Rah FENCE CP/N.• 2418-78-8383 ► r BRICK WALL , 0, 1HB421O W/COLUMNS& �,�'i STONE 36'WOOD FENCE I V RETAININ k V WALL � W ^ s� S2i.4.1• STEPPIN 4.1 . • STONE ATH BRICK 1� Q CO Q� /0' PAVERS 3 Q. w 0`� N 401 ICK �.�P PLANTER 1 h O 2—SIO#RY FRAME I.• RRR K P_�1 p ^ LOT 230 J le-BRICK, I " m AREA OF PROPOSED �44 W PUNTER 0 J p STREET CLOSURE Ir;X�� O �.4 (3,125 SQ. FT. OR ®/ ),,x ! \-" IA 0.072 ACRES) ��g a'0 /•. { ANCQ40. 50' 1!1 ,,I' 25'• . NOTES: , ' 50' 1. THIS EXHIBIT IS INTENDED TO I,. LRE�aaIN. SHOW THE AREA OF W� ^STORM BASIN • PROPOSED RIGHT—OF—WAY IN CONCRETE GRAVEL CLOSURE AND INDEPENDENT ,'`�� APRON OF THE ASSOCIATED RECORD DOCUMENT(S) IS NOT (70' R/W) INTENDED FOR ANY OTHER 49 th(FORMERLY AVEVUE E) STREET (M.B. 6, PG. 107) THAN GENERAL REFERENCE. 2 A TITLE REPORT HAS NOT1 ��------sAN SEWER BEEN PROVIDED FOR THIS ''ANGLE PROPERTY. —�� =. SCALE: 1"=30' SHEET 1 OF 2 STREET CLOSURE EXHIBITAUGUST 4, 2019 — — OF A 25' X 125' PORTION OF i � HOLLY ROAD (50' R/W)(FORMERLY 3RD STREET) BETWEEN 49TH STREET AND A 15 FOOT LANE A MAP OF THE HOLLIES anbcaye Mohr ct,ne (M.B. 6, PG. 107) Engimparing VIRGINIA BEACH. VIRGINIA al757.431.1041 TrIALM.7101.SIewauECKMl3452 CAD/chic: MRB/eag CITY OF VIRGINIA BEACH, VA I F.B.1054 P.40 'PLAT:H-73 I.TN:218-0026 George Randolph Webb,Jr. & Lelia Graham Webb Agenda Item 5 Page 5 Site Photo x3. , t s,�w'4 . ..'' l'' .44111I--: . A 4. . ii..,.......1 p---,--.--a.i.. . .... _ •'. Olti is �v` i,,,,,. George Randolph Webb,Jr. & Lelia Graham Webb Agenda Item 5 Page 6 Disclosure Statement At13 Virginia Beach APPLICANT'S NAME George Randolph Webb, Jr. &Lelia Graham Webb 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 updat: - prior to any Page 1 of 7 Planning Commission and City Council meetino that he ta:.. e application(si CI APPLICANT NOTIFIED OF HEARING DATE NO CHANGES AS OF DATE- 3/30/2021 MLC ❑ c �� REVISIONS SUBMITTED DATE George Randolph Webb,Jr. & Lelia Graham Webb Agenda Item 5 Page 7 Disclosure Statement Virginia Beach X Check here if the APPLICANT IS NOT a corporation, partnership, firm, business,or other unincorporated organization. nCheck here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:George Randolph Webb,Jr. & Lelia Graham Webb 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 ' or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) 1 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 George Randolph Webb,Jr. & Lelia Graham Webb Agenda Item 5 Page 8 Disclosure Statement 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 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 George Randolph Webb,Jr. & Lelia Graham Webb Agenda Item 5 Page 9 Disclosure Statement • 71/4113 APPLICANT Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) — 5 I Accounting and/or preparer of your tax return • VArchitect/Landscape Architect/ Land Planner Contract Purchaser(if other than X the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed ▪ E purchaser of the subject property (identify purchaser(s)and purchaser's service providers) n Construction Contractors Z. ❑ Engineers/Surveyors/Agents WPC Financing(include current Mortgage Electronic Registration X 0 mortgage holders and lenders Systems,Inc selected or being considered to provide financing for acquisition or construction of the property) X ❑ Legal Services R.Edward Bourdon,Jr.,Esquire' Real Estate Brokers/ Agents/Realtors for current and ' anticipated future sales of the subject property *Sykes Bourdon.Ahern&Levv.J.C. 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 u contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 George Randolph Webb,Jr. & Lelia Graham Webb Agenda Item 5 Page 10 Disclosure Statement VB Virginia Beach e 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. }, //('\ �� / George R.Webb, Jr. AI> L�ICnN JRE P , PRINT NAME i DATE tje L '-' ,__ w "" Lelia G Webb Page S of 7 George Randolph Webb,Jr. & Lelia Graham Webb Agenda Item 5 Page 11 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division,and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. George Randolph Webb,Jr. & Lelia Graham Webb Agenda Item 5 Page 12 Item # 5 George Randolph Webb & Lelia Graham Webb [Applicants & Property Owners] Street Closure 25-foot wide by 125-foot long portion of Holly Road adjacent to 401 49th Street March 10, 2021 RECOMMENDED FOR APPROVAL— HEARD Mr. Weiner: Great. Thank you very much. Alright, thank you for those items on a Consent Agenda, they will be forwarded to and sent to City Council, and they will have future dates on those. Next, we will go to the Regular Agenda. Before we get started on the Regular Agenda, I want to point out that were are going to start on item number five and item number two since there are so many speakers, we are going to be moving number two to the back, we will start with item number five. Ms. Sandloop: Okay.Agenda item number five, George Randolph Webb and Lelia Graham Webb, an application for a Street Closure on property located 25-foot wide by 125-foot wide long, portion of Holly Road adjacent to 401 49th Street, located in the Lynnhaven District. Ms. Wilson: In order to change the agenda, we just need a vote. Mr. Weiner: Okay. Alright. We need somebody to make a motion. Ms. Wilson: Yes, we make a motion. Mr. Weiner: Do we have a motion please. Mr. Redmond. Mr. Redmond: Mr. Chairman, I move that we rearrange our agenda such that we begin with agenda item number five and move agenda item number two towards the back of the agenda because we have so many speakers. Mr. Horsley: I second. Mr. Weiner: Alright. We have a motion by Mr. Redmond and second by Mr. Horsley. Ms. Sandloop: Okay, Mr. Alcaraz. Mr. Alcaraz: Aye. Ms. Sandloop: Mr. Barnes is absent. Mr. Coston. Mr. Coston: Aye. Ms. Sandloop: Mr. Graham is absent. Mr. Horsley. Mr. Horsley: Aye. 1 Ms. Sandloop: Mr. Inman. Mr. Inman: Aye. Ms. Sandloop: Ms. Klein. Ms. Klein: Aye. Ms. Sandloop: Ms. Oliver. Ms. Oliver: Aye. Ms. Sandloop: Mr. Redmond. Mr. Redmond:Aye. Ms. Sandloop: Vice Chair, Wall. Mr. Wall: Aye. Ms. Sandloop: Chairman Weiner. Mr. Weiner: Aye. Ms. Sandloop: By a recorded vote of nine in favor and zero against the motion to change the order of today's agenda has been approved. Mr. Weiner: Now we will get started with item five. Ms. Sandloop: Okay. Do you want me to read it in again? Mr. Weiner: No, I think we are fine. Mr. Bourdon: Thank you, Mr. Chairman and Members the Commission. For the record, my name is Eddie Bourdon Virginia Beach Attorney and I represent Mr. and Mrs. Webb. This application along with the companion application on the eastern side of this 50- foot wide Paper Stub Street that has been platted for well over a century and never improved as a public right-of-way, it was on your agenda a month ago. Ms. Berkeley who owns the property on the east side of this 50-foot Paper Street passed away and her properties in her estate, they are not sure whether they are going to move forward or not on the closure. I suspect for the time being they probably won't. Mrs. Webb who bought the property and live in the property on the west side, the applicants here, bought their property about three years ago, they were recommended to me by Harry Lester, because the front porch of the house or steps are in the right of way. This house has been there for decades and decades, as it is their driveway and the steps going up to their house, so, they are seeking to close this section of Paper Street. If you all could put up page five, if you look at your monitors up there. This is the western half of a 50-foot Paper Street that is not improved in any way with any public improvements, other than 2 underground utilities. There is a hedgerow that runs down the middle and my clients driveway runs north about halfway up the street. The Paper Street, not an improved road,the closure of this right-of-way will be subject per condition number two, to a Public Utility easement held by the City of Virginia Beach over probably all 45-feet of the width of this closed portion, a drainage easement held by the City of Virginia Beach over the closed portion, and a public access easement typically that public access easement which is for walkers, bikers, pedestrians,what is been done in the past in Northern and other places, is it is closed 10-feet in the middle from the middle line on each side,total of 20 winds up being for pedestrian access. The entire Eastern 25-feet remains public right-of-way, not being closed, and there will be per condition number two a public access easement and I believe it will be on the eastern most 10-feet of the 25-feet that is being closed. So, there will be 35-feet as long as the other side is not closed, that will still be available for the public to use to cut through. If you can see on that exhibit, there is a 15-foot unimproved lane that runs east-west behind these houses. It is overgrown that never been improved, but there are utility lines in there. And, then to the North, you will see a 10-foot lane, that runs up to 50th Street,totally unimproved, but I am told you can go through there and people, the Webb's since they have been living there, say they occasionally see somebody walked through,they have no problem with that whatsoever. The letter was sent in by Rob Dewey and his wife, Rob's a good friend of mine, Wilcox & Savage. I have spoken to him and sent him the conditions. He gave me total authority to tell you that he and the Flams they are the neighbors who live on either side of the 10-foot lane that runs up to 50th Street that is again unimproved, totally are in agreement,they just want to make sure that public ability to get through there on foot, by bike remains and it remains and it remains after this with these conditions. Frankly, if they want, they still can use Holly Road, but we totally agree with the conditions, they are totally reasonable conditions. So, the other thing that you need to understand everyone needs to appreciate is that this really does not add buildable because of these easements buildable area to this lot. What it does do is it makes the nonconforming nature of the house that is there, it does not meet the side setback did not need it when it was built because it did not have setbacks. It makes it legal, and if they wanted to make an addition to their house build something up higher whatever they would not have to go and get a variance of the Board of Zoning Appeals to a zero setback which is what they have because they actually encroach a little bit into the right-of- way. So, it just cleans up the title to their property, it really does not give them any great ability to redevelop and they have no desire to redevelop, they just want to clean up the title of the property, and all the conditions are acceptable to them and there are some viewers have said and the Staff have said there is certainly nothing being lost here to the public, you cannot put a road through to 50th Street, does not exist they are houses behind this. So, you cannot and all they do is preserving the same access that exists today. I would be happy to answer any questions. Mr. Weiner: Any questions for Mr. Bourdon. Thank you, sir. 3 Mr. Bourdon: Thank you. Mr. Dao: Mr. Chair, we do have one speaker for this item, Mr. David Hay. Mr. Weiner: Okay. Welcome sir, please say your name for the record. Mr. Hay: David Hay, former deputy city attorney for 22-and-a-half years. I was fired by the City Attorney because I won every case against and the cases involve North Virginia Beach, Holly Road, Lake Holly, Ocean Park. I do not want to go through the list, I go through the list in a memo to City Council. If you close this road, you are setting a dangerous precedent throughout the City of Virginia Beach, Bruce Thompson would be proud of you. Because I acquired Cavalier Drive in front of the Cavalier Hotel and a park next to The Oceans Condominium, and the property on the other side of Pacific Avenue. And in front of the Cavalier Hotel and what did the City do,they gave it to Bruce Thompson for nothing. You have given these people property for nothing. I use this road. I ride through here. Cars to go through and see some of my neighbors. I would not go through the list of neighbors I have because I do not have time. I have lived in Virginia Beach for over 45 years since 1974. The city attorney Dale Benson, said we need him over here, because he is been there on several cases for Ernie Consolvo, history of Virginia Beach just for a few minutes if you bear with me. The Hollies, Cape Henry Syndicate, East Beach, North Beach,all these beaches were platted in the early 1900s. Why would they call that to get people from the Northeast to buy a property in Virginia Beach instead of in Florida. Naturally, through Peter Babalas and some other politicians was reviving the corporations, the corporations had platted this property in early 1900s, went bankrupt, so, their assets were no good supposedly. So, Ed claimed ownership to Ocean Park, he claimed ownership to North Virginia Beach, and several places in the beachfront, Lake Holly, all the three lakes at Lake Holly and Rudee Inlet. And, I came aboard and he never won a case against the City. 49th Street, Holly Road and the 10-foot lane go all the way through to 50-Street. Mr. Weiner: Mr. Hay, thank you very much for your comments. Anybody have any questions for Mr. Hay. Thank you, sir. Mr. Bourdon. Mr. Bourdon: I am not really sure where to start. The City of Virginia Beach owns this right of way, I guess Mr. Hay gets the credit for that being the case. These Paper Streets, the lanes not being closed either way, but to suggest that I am pretty sure I heard Mr. Hay say that he has driven his car through here to visit people. I find that to be, if you all have been out there to look at the property, I do not know when that might have happened, but it sure as heck has not happened in the last number of decades. And, the City is cleaning up, my clients have to pay for this, they are not been given anything for free. They will pay the City the value of the property, it will be encumbered by all these easements. The City has no intention whatsoever to make this a dead end street at that 15-foot alley, nor to improve the 15-foot alley that runs east and west and if that were ever to be proposed, I am pretty sure you have some upset people who live along there. The 10-foot alley going through to 4 50th Street, you really cannot even see where it exists, but people do cut through there and again this is in no way, shape, or form a desire to stop people from walking through there, none. And that is being provided for, but it is ensuring that there is no public street that goes through there and the driveway on both my clients property today and on the Berkeley property to the east, partially on the Berkeley property is also in this right-of-way. Been there again for decades but it is never been improved or used as a public thoroughfare for vehicles. And, I do not know how that ever would have come to pass, but conditions again are all acceptable. I would be happy to answer any questions that you may have. Mr. Weiner: Thank you. Any questions for Mr. Bourdon. Mr. Alcaraz: So, evaluation has been done on the property and an appraisal has or maybe. Mr. Bourdon: That is a part. Mr. Alcaraz: Is that the next step. Mr. Bourdon: Correct. And this has been done on other portions of Holly Road at the North End by Planning Commission, City Council. Once City Council decides, yes, we have no need for this to remain a public street as long as we have the easements that we need for what use it will be put to and is being put to, then there is a process of either negotiating a price or having an appraisal done. And the determination of the value is made by the City Real Estate Office along with City Attorney's Office and the viewers, the City Manager's Office. So, then it is paid for and it is re- subdivided and becomes a part of the Webb's lot subject to those easements that are platted with that re-subdivision plat that preclude anything being done there other than drainage and utilities and the public access portion. Mr. Alcaraz: Okay, so the notion of it being free is not true. Mr. Bourdon: That is been the City's street closure process for as long as I have been practicing law. Mr. Alcaraz: Alright. Thanks. Mr. Weiner: Any other questions. Thank you, sir. Mr. Bourdon: Thank you. Mr. Weiner: There are no more speakers, correct? Mr. Dao: There are no more speakers. Mr. Wall: Mr. Bourdon, I do have one more question. The ingress-egress easement that is not for pedestrian access there, is it that would be platted with this, it would be just for reasonable ingress-egress access. 5 Mr. Bourdon: That would exist. The part that is a public utility easement that will be pretty much all of it, will also have access. Okay. They could be contiguous, it could be the same 40-feet, it will be determined by Staff how much they want on this side to be available for access, that is exactly right. And, the City will have the ability to bring your equipment back there because of the utility line that runs East-West in the 15- foot line on the backside. Mr. Wall: Right. That would just be a typical easement for any kind of utility drainage. Mr. Bourdon: Well, actually be there are three separate easements that are proposed but again that has not been ascertained with finality. Mr. Wall: Okay. Mr. Bourdon: Nothing would happen with the street closure that would add any additional burden for anyone going through to 50th Street through this property. Nothing in this will change that. Mr. Wall: Okay. Alright, thank you. Mr. Bourdon: Hope that helps. Thanks. Mr. Weiner: Thank you. Alright, no more speakers, correct? Mr. Dao: That is correct. Mr. Weiner: Okay, we will close it and open it up for discussion or motion. Okay. Ms. Klein: So, I spoke to Mr. Hay this weekend about his concerns. And I feel better having Mr. Bourdon kind of walk us through it. I like the fact that the easements will be remaining in place. My biggest thing was that there was pedestrian access that is going away but it sounds like that is not the case. And, that was my focus and so I will vote in favor of the application. Mr. Weiner: Okay. Anyone else? George. Mr. Alcaraz: Yeah, just typical street closure, I think the purpose of it from what I just heard is to more or less relocate the property line so it is a better situation than it is, it sounds like there is not going to be any visual difference than what you see right now, and I am going to recommend approval too. Mr. Weiner: Jack. Mr. Wall: Yeah, there is plenty of precedents for this. This is not an unusual or unordinary request. Mr. Weiner: Dave. Mr. Redmond: Mr. Chairman, I move approval of the application. 6 Mr. Weiner: We have a motion by Mr. Redmond. Do we have a second? Ms. Oliver: I will second it. Mr. Weiner: Seconded by Ms. Oliver. We are ready to vote. Ms. Sandloop: Mr. Alcaraz. Mr. Alcaraz: Aye. Ms. Sandloop: Mr. Barnes is absent. Mr. Coston. Mr. Coston: Aye. Ms. Sandloop: Mr. Graham is absent. Mr. Horsley. Mr. Horsley: Aye. Ms. Sandloop: Mr. Inman. Mr. Inman: Aye. Ms. Sandloop: Ms. Klein. Ms. Klein: Aye. Ms. Sandloop: Ms. Oliver. Ms. Oliver: Aye. Ms. Sandloop: Mr. Redmond. Mr. Redmond:Aye. Ms. Sandloop: Vice Chair, Wall. Mr. Wall: Aye. Ms. Sandloop: Chairman Weiner. Mr. Weiner: Aye. Ms. Sandloop: By a recorded vote of nine in favor and zero against agenda item number five has been recommended for approval. AYE 9 NAY 0 ABS 0 ABSENT 2 Alcaraz AYE Barnes ABSENT Coston AYE Graham ABSENT 7 Horsley AYE Inman AYE Klein AYE Oliver AYE Redmond AYE Wall AYE Weiner AYE CONDITIONS 1. The City Attorney's Office shall make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City of Virginia Beach shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Planning Department. 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining lot. The resubdivision plat must be submitted and approved for recordation prior to the final street closure approval. Said plat must include the dedication to the City of Virginia Beach over the closed portion of the unimproved right-of-way (a) a public utility easement; (b) a public drainage easement; and (c)a public access easement for access to and from the alley adjacent to the rear of the property for maintenance of public infrastructure located within or to be located within the alley, which easements are subject to approval of the Department of Public Utilities and Department of Public Works, respectively, and the City Attorney's Office, and which easements shall include a right of reasonable ingress and egress. 3. The applicant shall verify that no private utilities exist within the right-of-way proposed for the closures. If private utilities do exist, easements satisfactory to the utility company, must be provided and shall be recorded after the final resubdivision plat is recorded with the Clerk of Circuit Court. 4. If any improvements will remain in the area proposed for closure after the closure is finalized, prior to finalization of the street closure, the applicant must apply for an encroachment into the public utility easement and the public drainage easement for all improvements that will remain in the area proposed for closure. 5. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of the approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved for recordation within one year of the City Council vote to close the right-of-way this approval shall be considered null and void. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the 8 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. 9 10,131 SYKES, BOURDON, AIIIEuN Ic, LEVY, -?.C. 4429 BONNEY ROAD ATTORNEYS AND COUNSELORS AT LAW JON M. AHERN SUITE 500 R. EDWARD BOURDON,JR. VIRGINIA BEACH, VIRGINIA 23462 JAMES T. CROMWELL L. STEVEN EMMERT TELEPHONE: 757-499-8971 MOLLY R. KISER FACSIMILE: 757-456-5445 April 5, 2021 MICHAIEL JRK . LEVY' HOWARD R. SYKES,JR. DAVID M. ZOBEL Via Email 'Admitted In Virginia and Washington DC The Honorable Mayor Robert Dyer Vice Mayor James Wood Members of City Council c/o Amanda Barnes,City Clerk Office of the City Clerk City Hall Building#1,Room 281 Municipal Center Virginia Beach,Virginia 23456 Re: Applications of Grace Bible Church for a Modification of Conditions attached to a Conditional Use Permit on property on London Bridge Road in the Princess Anne District and Application of George R.Webb,Jr. and Lelia G. Webb for a Street Closure for an unimproved portion of Holly Road adjacent to 401 49tht Street, Beach District; City Council Public Hearing date scheduled for Tuesday,April 20,2021 Dear Mayor Dyer,Vice Mayor Wood and Honorable Members of City Council: I write to you to request that the two (2) afore referenced applications which are on your agenda for Tuesday,April 20, 2021 please be deferred until your public hearing on Tuesday,May 4,2021,as I will be out of state on vacation from April 16th to April 22nd. I apologize for any inconvenience caused by my having failed to note the conflict in my schedule. I would also note that there is no known opposition to the application of Grace Bible Church for Modification of Conditions and only one (1) known opponent to the Street CIosure who is Mr. David Hay who appeared and testified at the Planning Commission public hearing. By copy of this letter, I am advising Mr. Hay of this deferral request due to my being unavailable on April 20, 2021. In addition, I have previously advised the Planning Department of these requests. Finally, I would note that both applications are recommended for approval by both your professional staff and by unanimous Planning Commission recommendations. My clients are modifying their public notification signage posted on the property to reflect the public hearing date of May 4,2021. © : SYKES. BOURDON, A L AHERN&LEVY,P.C. The Honorable Mayor Robert Dyer Vice Mayor James Wood Members of City Council April 5,2021 Page 2 Thank you for your favorable consideration of these requests for a two (2) week deferral. With best regards,I am Very truly yours, (kr R. Edward Bourdon,Jr. REBjr/arhm cc: Matthew Breltenberg,Grace Bible Church Bill Miller,Grace Bible Church Claude Lym,Site Improvement Associates,Inc. George R.&Lelia G.Webb Eric Garner,WPL David S.Hay,Esquire H:\AM\—Mod of Conditions\Grace Bible Church\London Bridge Road\Dyer_Ltr 4-05-2021.docx Hoa N. Dao From: Dewey, Robert L. <rdewey@wilsay.com> Sent: Tuesday, March 2, 2021 12:39 PM To: Hoa N. Dao Cc: flamm@cox.net;Jean Subject: Closure of 25 feet of Holly Road-Adjoining 401 49th St. Follow Up Flag: Follow up Flag Status: Flagged CAUTIO This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. My wife, Jean Dewey, and I are the owners of 218 50th St. in Virginia Beach. Our property backs up to a portion of Holly Road proposed to be closed and combined with the property at 401 49th St. At the present time the portion of Holly Road involved serves as pedestrian access between 49th and 50th Streets. This ties into a 10 foot access way that runs along the western boundary of our property and provides the second leg of this access way to 50th St. As you know, access between 49th and 50th Streets is extremely limited as there is no connecting street within the neighborhood, other than Myrtle Avenue, which is unpaved and not in good condition. By contrast, the undeveloped portion of Holly Road between 54th and 55th Streets includes a small park and convenient pedestrian access. Closing Holly Road pursuant to this application will virtually eliminate pedestrian access in this area. In effect, the 10 foot access way that adjoins our property will effectively become a dead end when it reaches the public alley that runs parallel, and in between, 49th and 50th Streets. That alley is neither paved nor graveled and often has overgrown grass and is not maintained. In short, it is not a viable means of access, and is rarely used for that purpose. On the other hand, a number of people currently use the portion of Holly Road that is proposed to be closed and the alleyway next to our property for pedestrian access between 49th and 50th Streets. Closing the 25 foot portion of Holly Road and combining it with 401 49th St. eliminates this means of access. We propose that as part of the street closure that a 10 foot access path be put in place permanently along the eastern side of the 25 foot portion of Holly Road proposed to be closed. Our neighbors to the east, Gary and Molly Flamm, join us in this request and are copied on this email. The Flamms and we support the application of the property owners conditionally with the proviso that pedestrian access continue to be maintained in this immediate area between 49th and 50th Streets to tie into the 10 foot access path adjoining our property. Closing Holly Road without preserving pedestrian access would deprive the neighborhood of an integral enhancement that ties these two streets together and preserves its character. Thank you for your consideration. Rob Dewey Office: 757-628-5580 Mobile: 757-675-5580 This message is confidential, intended only for the named recipient(s) and may contain information that is privileged, attorney work product or otherwise protected by applicable law. If you have received this message in error, please notify the sender at 757-628-5500 and delete this message. 2 r' CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: Ordinance Approving Application of Oceanfront Investments, LLC for the Closure of approximately 420 Sq. Ft. of Atlantic Avenue Adjacent to 4201 Atlantic Avenue MEETING DATE: May 4, 2021 • Background: Oceanfront Investments, LLC (the "Applicant") requests the closure of approximately 420 sq. ft. of a portion of Atlantic Avenue (the "Right-of-Way"), adjacent to its property located at 4201 Atlantic Avenue (GPIN: 2418-96-6049), for the purpose of incorporating the Right-of-Way into the adjoining property. As part of the development of the historic Cavalier Hotel and the Oceanside Marriott, Atlantic Avenue is being reconfigured to end in a cul-de-sac north of 40th Street. The remaining portion of the Atlantic Avenue right-of-way located north of the new cul-de-sac will now only be utilized as a park, pedestrian path and extended entrance way to the Oceanside Marriott with no vehicular traffic through to Pacific Avenue. The area proposed for closure is located north of the cul-de-sac within the extended entrance way and will not affect traffic flow. • Considerations: The proposed street closure is necessary to allow for installation of a freestanding, monument-style sign at the entrance to a hotel and associated establishments at the oceanfront. City code requires that private signs be placed on the same land parcel as the establishment the sign represents; otherwise, the sign is considered off-site and therefore prohibited by City code. The request is consistent with the long-range goals and vision for the Resort Strategic Growth Area (SGA). The sign meets all applicable zoning requirements of the Oceanfront Resort District Form-Based Code and City Zoning Ordinance and is consistent with the quality of the establishments it advertises. The Viewers determined that closure of the Right-of-Way, with the conditions set forth below, will not result in a public inconvenience. There were no speakers at the Planning Commission public hearing. • Recommendation: On April 14, 2021, the Planning Commission placed this application on the consent agenda passing a motion to recommend approval by a recorded vote of 9-0, with the following conditions: 1 ORDINANCE APPROVING APPLICATION OF 2 OCEANFRONT INVESTMENTS, LLC FOR 3 THE CLOSURE OF APPROXIMATELY 420 4 SQ. FT. OF ATLANTIC AVENUE ADJACENT 5 TO 4201 ATLANTIC AVENUE 6 7 WHEREAS, Oceanfront Investments, LLC (the "Applicant") applied to the Council 8 of the City of Virginia Beach, Virginia, to have the hereinafter described portion of right- 9 of-way discontinued, closed, and vacated; and 10 11 WHEREAS, it is the judgment of the Council that said right-of-way be 12 discontinued, closed, and vacated, subject to certain conditions having been met on or 13 before one (1) year from City Council's adoption of this Ordinance. 14 15 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 16 Beach, Virginia: 17 18 SECTION I 19 20 That the hereinafter described portion of right-of-way (the "Right-of-Way") be 21 discontinued, closed and vacated, subject to certain conditions being met on or before 22 one (1) year from City Council's adoption of this ordinance: 23 24 ALL THAT certain piece or parcel of land situate, 25 lying and being in the City of Virginia Beach, 26 Virginia, designated and described as "AREA OF 27 STREET CLOSURE (420 SQ. FT.)", as shown on 28 that certain street closure exhibit entitled: 29 "STREET CLOSURE EXHIBIT OCEANFRONT 30 INVESTMENTS, LLC", dated March 3, 2021 , 31 prepared by WPL, a copy of which is attached 32 hereto as Exhibit A. 33 34 35 SECTION II 36 37 The following conditions must be met on or before one (1) year from City 38 Council's adoption of this ordinance: 39 40 1. The City Attorney's Office will make the final determination regarding 41 ownership of the underlying fee. The purchase price to be paid to the City shall be 42 determined according to the "Policy Regarding Purchase of City's Interest in Streets 43 Pursuant to Street Closures," approved by City Council. Copies of the policy are 44 available in the Planning Department. 45 46 NO GPIN ASSIGNED — PUBLIC RIGHT-OF-WAY 47 (Adjacent GPIN: 2418-96-6049) 48 2. The Applicant, or the Applicant's successors or assigns, shall resubdivide 49 the properties and vacate internal lot lines to incorporate the Right-of-Way into the 50 adjoining parcel. The resubdivision plat must be submitted and approved for recordation 51 prior to the final street closure approval. 52 53 3. The Applicant shall dedicate a public drainage and utility easement over 54 the entire area proposed for closure to the City of Virginia Beach by a separate 55 recorded Deed of Dedication of Easement, subject to the approval of the Departments 56 of Public Utilities and Public Works, and the City Attorney's Office, which easement 57 shall include a right of reasonable ingress and egress. Said Deed of Dedication of 58 Easement shall include the provision that if any maintenance, repair or failure of any 59 public utility facilities causes damage or destruction to the improvements proposed by 60 the Applicant within the easement area, the Applicant will be responsible for the cost to 61 repair or replace said improvements. 62 63 4. The Applicant, or the Applicant's successors or assigns, shall verify that 64 no private utilities exist within the Right-of-Way proposed for closure. If private utilities 65 do exist, easements satisfactory to the utility company, must be provided. 66 67 5. Closure of the Right-of-Way shall be contingent upon compliance with the 68 above stated conditions within 365 days of approval by City Council. If the conditions 69 noted above are not accomplished and the final plat is not approved for recordation 70 within one year of the City Council vote to close the Right-of-Way this approval shall be 71 considered null and void. 72 73 74 SECTION III 75 76 1. If the preceding conditions are not fulfilled on or before May 3, 2022, this 77 Ordinance will be deemed null and void without further action by the City Council. 78 79 2. If all conditions are met on or before May 3, 2022, the date of final closure 80 is the date the street closure ordinance is recorded by the City Attorney. 81 82 3. In the event the City of Virginia Beach has any interest in the underlying 83 fee, the City Manager or his designee is authorized to execute whatever documents are 84 requested, if any, to convey such interest, provided said documents are approved by 85 the City Attorney's Office. 86 87 88 SECTION IV 89 90 A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit 91 Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF 92 VIRGINIA BEACH as "Grantor" and OCEANFRONT INVESTMENTS, LLC as "Grantee". 93 Adopted by the Council of the City of Virginia Beach, Virginia, on this day 94 of , 2021. 95 96 THIS ORDINANCE REQUIRES AN AFFIRMATIVE VOTE OF 97 THREE-FOURTHS OF ALL COUNCIL MEMBERS ELECTED TO COUNCIL APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY Planning Dep rtment City Attorney CA1487'I R-1 April 21, 2021 Street Closure Exhibit F.::9 14,1 ,` N •.1% . ' I N 17°40'15°W 101.04' v I(I '1 I ;. ` `PARCEL` 1A PROPERTY OF ' " y ',x� tl P1},k --r r OCEANFRONT W o N 0, t , , ,, INVESTMENTS, LLC N Q m m O • ti (IN. 200507210112271) N '' � � (I.N. 20161216001140890) V p ^ ,� ^ Y. GPIN: 2418-96-6049 w N i• ,i \ REFER TO EXISTING ENCROACHMENT IC 6 ' AGREEMENT (I.N. 20200526000442300) • s N cL g g$ `, _ '� FOR PROPOSED CURB9IG, PAVERS, STONE Q h ' k b .., N BANDING, LIGHTING, LANDSCAPING, - IRRIGATION, AND PRIVATE WATER LINES O /IT, NT8'21'13'E- I I, m m i 7+'9.41' R=255.00',; l' 8.4'- • =38'15' '; �A=27.88' ' ,• t N 13'38'47'W• !� ' I �7 R=255.00' 5A0': • 1,; 41 //1/ Jf Sys A=25.5939' y i I '; ' '__ 1 �� A=115.89' �, , ,. ,, 3.8' 5.0' ;' ' i R=255.00 1 : v ; S 78'21'13'W i; A=02°18'09' R=255�; o ': j 88.35' !�, A=1o25' ` A 771 25 :�\ A.. �y" f • : i 53.9' AREA OF ram ' i6. ', STREET �4� g 4 \ CLOSURE ! Jr? . :i 4 .7"'"'- ---.: 1)‘:-.t`-'1..clie\c'P. .1'0. - , /� i' lira—, +'- i' i F 'i�'!j j�iil't i-.,, ill ,; 1 1420 SQ.FT.) T .', i' T.,,' Q 'i Jri •' „Ix i t i r .J.,0:: ' V�'' ' ' J i.Y•,,'- ':'--.. tot 7- __ % 1../. i N • 510'E R=153.50' \0f �, Lie. NER a • O , 3 ✓9.79' A ' 14' \ N 112:- I w N W pp1 _ r • OF VIRGINIA BEACH _,1,� �" PARCEL A-1 OI•i — ..--i 501 FT 41_'O Sl>�v r O� /�c�-i z .N, + +7210112273) p..�� E e•' 18-95-5753SCAL E 1%45' — = STREET CLOSURE SIT - - - ---' —_ — = OCEANFRONT JNVES IIENTS, LLC 7 - - , _-_- _ tMcliArchitecture M date: 03/03/2021 I fb/pg» 997/38-47, 1001/1-2 proj. no.: 214-0001 one Engineering 2Osltacam 757.431.1041 ILIWIIG IC SE 1181a4 oat W121162 file: 217-0074 r(Sign).dwg I plat ref.: C-149 CAD/chk: ea9/ea9 Oceanfront Investments, LLC Applicant Oceanfront Investments, LLC Property Owner City of Virginia Beach Agenda Item Planning Commission Public Hearing April 14, 2021 C1ry l City Council Election District Beach 17 Virginia Beach Request Street Closures Portion of Atlantic Avenue Staff Recommendation Yw.f-\ "M Approval o� d•.�R Staff Planner Ashby Moss a „„,i0.4 e` .3_ exe st, Location er° �I a`er°m• • Atlantic Avenue at entrance of Marriott / Oceanside Hotel (4201 Atlantic Avenue) Site Size 420 square feet _\ AICUZ 70-75 dB DNL Watershed Atlantic Ocean Existing Land Use and Zoning District 'F ft° , 4 {ee, Driveway, motorcourt (under construction)to Marriott Oceanside Hotel/OR Oceanfront �e *I. `` Resort -_, R _- fr•. . e Surrounding Land Uses and Zoning Districts , t-3 , c . North Z 1 Residential dwellings(under construction), G� parking garage/OR Oceanfront Resort ' - South �, st �,' '^�,. F`} a• x ,w , F Multi-family high rise condominiums/OR ,:.. , 4t Oceanfront Resort e s a -:-£.� � v low St,e 6 �c Y fee.- ,� _ A .- E East Hotel/OR Oceanfront Resort �• .> ,� b N,,,•a. .... ,0, West .`, ,i '''''' ¢ ,M�r ' ..4 V- . :3.t ' ' 1� - ,.'e' 4:fie Historic hotel/OR Oceanfront Resort Oceanfront Investments, LLC Agenda Item 17 Page 1 Background & Summary of Proposal • The applicant is requesting to close a small strip of right-of-way in order to install a freestanding, monument-style sign at the entrance to a hotel at the oceanfront. Specifically,the proposed street closure is necessary to allow for legal placement of a freestanding sign at the primary entrance of the new Marriott Oceanside Hotel,the Cavalier Beach Club,and other associated establishments. • State code requires that private signs be placed on the same land parcel as the establishment the sign represents; otherwise,the sign is considered off-site and therefore prohibited by City code. • If approved,the subject 420 square-foot strip of land will be resubdivided to become part of the adjacent, privately- owned parcel. 42hd stoat Zoning HistoryRequest Cif 1 SVR(Sec.4.4(d)of the Subdivision Ordinance)Approved \ ; ' 02/16/2016 t\ \ � • 2 REZ(RT-1 Resort Tourist, R-7.5 Residential Districts to ,� OR Oceanfront Resort District)Approved 12/10/2013 2 -` ALT(Special Exception for Alternative Compliance to the Oceanfront Resort District Form-Based Code)Approved ?��j� 12/10/2013 `+ _ \ SVR(Sec.4.1&4.4(d)of the Subdivision Ordinance) Approved 12/10/2013 3 CUP(Short Term Rentals)Approved 08/25/2020 Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance LUP—Land Use Plan REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Evaluation & Recommendation This request is consistent with the long range goals and vision for the Resort Strategic Growth Area (SGA).The sign meets all applicable zoning requirements of the Oceanfront Resort District Form-Based Code and City Zoning Ordinance and is consistent with the quality of the establishments it advertises. As required by City Code, a Viewers' Meeting was held on February 16, 2021 that included City Staff from the Departments of Public Works, Public Utilities, Planning and Community Development,and the Office of the City Attorney to consider this request. Public Utilities identified an existing 16-inch water main that crosses the area proposed for closure.The proposed location for the freestanding sign is offset six feet from the outside edge of the water line. Public Utilities has commented that although their typical minimum offset distance is 10 feet,the proposed six-foot offset distance is acceptable if the approval is subject to certain easements and conditions to allow for maintenance and to hold the City harmless in the event the sign is damaged.Any existing private utility easements must be reinstated.The City Attorney's Office has recommended the conditions listed below to address these concerns. Based on the considerations above,the Viewers determined that the proposed closure will not result in a public inconvenience and is therefore deemed acceptable.Accordingly,Staff recommends approval of the proposed Street Closure subject to the conditions listed below. Oceanfront Investments, LLC Agenda Item 17 Page 2 Recommended Conditions 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee.The purchase price to be paid to the City shall be determined according to the"Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Planning Department. 2. The applicant,or the applicant's successors or assigns,shall resubdivide the properties and vacate internal lot lines to incorporate the closed areas into the adjoining parcels.The resubdivision plats must be submitted and approved for recordation prior to the final street closure approval. 3. The Applicant shall dedicate a public drainage and utility easement over the entire area proposed for closure to the City of Virginia Beach by a separate recorded Deed of Dedication of Easement, subject to the approval of the Departments of Public Utilities and Public Works,and the City Attorney's Office,which easement shall include a right of reasonable ingress and egress.Said Deed of Dedication of Easement shall include the provision that if any maintenance, repair or failure of any public utility facilities causes damage or destruction to the improvements proposed by the Applicant within the easement area,the Applicant will be responsible for the cost to repair or replace said improvements. 4. The applicant or the applicant's successors or assigns shall verify that no private utilities exist within the right-of- way proposed for the closure. If private utilities do exist, easements satisfactory to the utility company, must be provided. 5. Closure of the rights-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plats are not approved for recordation within one year of the City Council vote to close the rights-of-way this approval shall be considered null and void. 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. Oceanfront Investments, LLC Agenda Item 17 Page 3 Comprehensive Plan Recommendations Adopted by City Council on June 2, 2020, RASAP 2030 is a strategic plan that establishes new goals for the Resort SGA in the next decade.The vision for the Resort SGA is to identify and implement public amenities and infrastructure improvements and update codes,guidelines,and city review processes to encourage private development, enabling the Virginia Beach Resort Area to become a diverse,world-class,year-round coastal community for residents and visitors. RASAP 2030 identifies multiple sub-districts of the Resort SGA. Each of these districts has its own distinct character which,through additional placemaking efforts aimed at further distinguishing each district,will be the key to a diverse resort area that has something for everyone to enjoy year-round. The subject site is in the Oceanfront Corridor District,which includes Atlantic and Pacific Avenues.This is the main north- south connector in the Resort Area and is the area where the majority of visitors stay and gather. Public Utility Impacts Water&Sanitary Sewer • There is an existing 16-inch City water main crossing the area proposed for closure at a skewed angle.A public utility easement will be necessary for continued maintenance in the area. It is recommended that this easement extend over the full limits of the proposed street closure. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice signs were placed on the property on or before March 15, 2021. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, March 28, 2021 and April 4, 2021. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on March 29, 2021. • This Staff report, as well as all reports for this Planning Commission's meeting,was posted on the Commission's webpage of www.vbgov.com/pc on April 8, 2021. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,April 18, 2021 and April 25, 2021. • 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 April 19,2021. • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on April 30,2021. Oceanfront Investments, LLC Agenda Item 17 Page 4 Street Closure Exhibit 1 ■ — ^ p I N 17°40'15'W 101.04' fr9 cW:::: 11 1 PARCEL 1A PROPERTY OF — W 0, OCEANFRONT ^ iiIi' ., INVESTMENTS, LLC — Q r m 0 I d4 ti \ (IN. 200507210112271) U N 1`''•.� !1 \-VZPON (I.N. 20161216001140890) 3 A ^0 11 ?4° GPIN: 2418-96-6049 � � � O ' �• li \ �\ REFER TO IXISTING ENCROACHMENT Q O N = — .' li 0 `r? AGREEMENT (I.N. 20200526000442300) CS 'ir , s, FOR PROPOSED CURBING, PAVERS, STONE t k O Z =—— ..11 \ -r , BANDING, LIGHTING, LANDSCAPING, ttj h '.•.i} i! IRRIGATION, AND PRIVATE WATER LINES 1. ^ in as m ,�' 79.41' y :-.)6°15'5' ' : I: A=27.88' .' N 13°38'47°W."�� R=255.00' 5.00'•.'...lr ,` Al /X/� / • /I.�� . A=25°59'39" • w 10 —. A-115.69' 1 'lti r 3.6'J 5.0'� 1,, \ v 1 �' :'t)' I 'i R=255.00 r� 1 v U • 4 i� I' S 76°21'13'W is A=02°18'09" R=255.00' v \ I ,i 88.35' 411 A=10.25' N A=17'25'36" �/'1 ( ��1. i 1 1153.9' AREA OF ��' \ J6° l !i STREET �'S' q. A •! i i 1/ CLOSURE Bum�' "f/\ °�� ..j{. , I, i (420 SQ.FT.) �' \ (2) • 'a ,L O _� ;- ti ram /i\ PP a I s Z e. 0 . ...' X to. tea' • i . N. 15'10"E R=153.500 \'o.�c.� • RIC ARNER LL J , 3 de 9.79' A=50°40'14" Lie. 2904 U A=149.15' �J e 03/03/2021 4k. - z -c C % OF VIRGINIA BEACH 0 25 50 FT 9.42) srRv ° 5 I z— .N.2.PARCEL 1 5072210112273) GRAPHIC SCALE 'IN: 2 18-95-5753 SCALE: 1'..25' STREET CLOSURE EXHIBIT OCEANFRONT INVESTMENTS, LLC illiiiiill Landscape Architecture Land Surveying dote: 03/03/2021 I fb/pg.: 997/38-47, 1001/1-2 proj. no.: 214-0001 Civil Engineering Isite. m 757. . 2 2 I�bGMco61Rl�L 51E B Ifd#IA BEaOI 431 Ye 134521041 file: 217-0074_Encr(Sign).dwg I plat ref.: C-149 CAD/chk: eag/eag Oceanfront Investments, LLC Agenda Item 17 Page 5 Sign Rendering — - P r - - .a CAVALIER RESOR1 - -- 0 4- c -._ /i!-__ v.— c r • 01 A d a o -2+ . , . 4211 ♦ _ Irili f f;. , bk r rk rats, r �R r t �? •\ 5'x 88' area of , 1 t r . 1 street closure _ ;g , (420 sf) If 8' tall, 14' long monument sign . `1 _7----- _ ._ ,,, N.,,,,N,. ... Oceanfront Investments, LLC Agenda Item 17 Page 6 Site Plan for Sign Placement Gloss - i �' cc-ne' o S fY � w zT ltAKSIIKA LGJ TO CG3 Lii • > 1�)}T( ligs� {�1-}{fi! mrf awu�/t t ;t la t, icj ' 11 1 ' 11!1' Iiiiiiiiiiti0111111'11!!!.!!!11:1!!! 1.41111iill 1111 C 'A 7 :::: %�� oc3 / V GAP. _ • ' P YY r ,till f. :4 • : t :� •: I ; I ?,, tip.'; rli 1 �- '________ _( _ t,. i�� `f - :; -24'-- ,, --24' ill _, t fe l!I II ,' 1 I .. ' VrtR1Irt1iyrC— _ .466 r. IN U 1 --c. ■■ ] I ■ -\-- _ —I C..) o V: ■� ■ _ me -1 .1 I iwoubet Mr to t ,,...,rz - t.,„ I b-g .:41, r _ . ii. , . z--,,,. . 0 in l— w ■t►.^■ ■ wino/ - 1 tt i Div•.,..•• .d s w A rb ��li i� e al MI =131 ' :: .—. CG-3 , 'i;m; r R6y -iii- ,, N1Cl� ' �1116 1` a.m. rao� -t `� ff "�■� A . CG-3 N. ■Igi/h■ II l■=■is.■s.■n■s.■" .rra�.w+ ..w— .... r.. ■�r■ t • _ �� • M t t r Oceanfront Investments, LLC Agenda Item 17 Page 7 Site Photos ..F View from Atlantic Avenue Looking East [11 4 '`. :1:111441: r �tR rt Ir1 R L. .a 4. z NT& :ilk Pali is -4' K iliab''' r : .‘ . .:.,,, View from Atlantic Avenue Looking South op 'Ili to i if till I:1,'4`Tip i "emu. V - - -- r� -._- �. , it i . 1 illb —1-. .r_, ",,-1 02rxrre=—. 1 i ,-.•st,-.. - . fai.,— r-'-: . Non: r -7'v } f' tr.".---- ''.- :" -I.,' • '4 ,..., . ,e .,. _.41'r: ritrtt. ilia _ Ilia + o f - .\ -4 sr y ..,Hr--,...„Is: eit., t :,i,1 , ,-4.,.., ,. .s. - ..‘ Oceanfront Investments, LLC Agenda Item 17 Page 8 Disclosure Statement Disclosure Statement at.�aoa, 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/of 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 i - Applicant Name OC i I t IkVec,fiste4S, tAk ► Does the applicant have a representative? tal Yes 0 No • If yes,list the name of the representative. f2•V. r+n tati is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?ttid Yes 0 No • if yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) MoillA��e✓', 0.44j( lip�e�--ef M• {4 T �4ilp��i►//r • 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 snore than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code;2,2-3101. r"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 4 2.2-1101. Revised 11.09.2020 Wage Oceanfront Investments, LLC Agenda Item 17 Page 9 Disclosure Statement Disclosure Statement arr,fvs,ao,� Planning&Community Developmeltt 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?El Yes PI"No • If yes,what fs 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-collateral'ration,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? 1Yes ❑No • If yes,identify the financial institutions providing the service. {� zi In 2. Dees the applicant have a real estate broker/agent/reahor for current and anticipated future sales of the subject property? O Yes JNo • 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 j No • If yes,identify the firm and individual providing the service. 4. Does the applicant have services from�s�v landscape architect/land planner provided in connection with the subject of the application or any business operatin:• o be operated on the prcpe•ty?LKYes 0 No • lives,identify the firm and individual providing the service. en- 5. Is there any other pending or proposed purchaser of the subject property?❑Yes tifNo • If yes,identify the purchaser and purchaser's service providers. (7...°?fr.\ , ed 11.09.2020 2 j pag e Oceanfront Investments, LLC Agenda Item 17 Page 10 Disclosure Statement \113 Cry of VL-gncir Beath 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?oil Yes ❑ No • If yes,identify the company and Individual providing the service. W. M. Joataiii__G9. 7. Does the applicant have a engineer urveyor/agent in connection with the subject of the application or any business operating or to be operated on the property? Yes ❑ No • If yes,identify the firm and individual providing the service. 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?al Yes ❑ No • If yes,Identify the firm and individual providing the service. Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee In connection with this application. Applicant Signature ,2t�f Hit• �avtA Clo NitAvulry✓ Print Name and Title 2, SOZ1 Date Is the applicant also the owner of the subject property? k-Yes ❑ No • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications No changes as of Date 4/15/2021 Signature A4 ,v Print Name Ashby Moss Revised 11.09.2020 3 I P a g e Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division,and the issuance of a Certificate of Occupancy,are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Oceanfront Investments, LLC Agenda Item 17 Page 12 -,N I .. ,,,,,,,.., i 7. t...0_,NIJui , no, z • t -J 14...,41. ., ... -'`v . ' I 1 0 -'3'' FRONT I 1 Ts u_c , . ',* -.) '• ! '''' , OCEANFRONT cohAVE • 1 ./ INVESTMENTS LLe;', ,,_.. ,./.. " , ..t.'400 le 0 lb 11,1111111 : , '' '' :14 ' ;k,,.,..;,*.',., „. 1 - re .:: IV mi. csi...sisesilINII --4r,ritk.''4';','-.... -1 ,..,_.ic,,..---"C ., .1441 la• .. , 7 ''', OAP i r Vik • . ,_.....,•, , i-'''.... lier,M.M.".".'"".....11,. ,,,, 1 i , .....,,, _a fiv 4 1, ,• , .1 i :6 ' e , 2200 Sq. Ft. ,. ..,..., .- - t7 .-- . /AA, Lt., fil ' '-'' .. qt I:Ilk 6 liP „,, . .. , lc, ' 1 c • , . Pi II ,0:54, It''' 111 cork, 1. , • 1 . ,,, I,. , 1—. . f., '-',. lip• il Z t • maariadli (NI I f "1 • - .. . * 1600 Sq. Ft., .'1'N' 4"*. ./ • .....------ 'Ik . ,:fil.: 111.. '''' .4 Pi, ,..,, OCEANS ,, at . l': - 111 ,„ CONDOMINIUMS .:„ i•,=4f 1:-., 441- • - ' ' ' 4,1,0 g • lw.- : 7- , , ... '14 ,.i . .,. . -; 4.',- - #41, f;"' ' ‘. . V.4:1;.li4,40011, '.. , ,, . ''' . ' ;01 - .. . . , -, .. a. r q ,..4*.w.-4.444arRamo ' % 1 ---• L . 'a •,•***••••••..*•••••a•••••*•......a. ** '--L-*--"---' , Existing-Signal To .. . , , .,...........,...„,-..,... .. ATLANTIC AV ".' .,. , „‘ 7. 'it Li..:.,,,...': -- ' ,,, . 4 .- .. . , PACIFIC AVE 11 . .„ . . g . 1 .*V ,•-•1 /,.. ...s ., •-.. -, ..., ...., ..,) t... , ,i • • -;,. . a -: -'. — -1 - N ri , . ..6 - ro!v. .,.:'•,,i..\ 7.i.,,,,,:' 'At '''..,...,c;:. I en, 'IL,'.' i . . .. . .k. '.1.4 ., . AN 7.if• '...-.„ . .-„ . , • -.., • r4 11 . -1.,r -—•=r, f . .. r., Er \ • .11 /ci.',....i VIP•'••: . • r. - • / t jp . -. .IP,. 'lftffrrt.I1 ". ‘t ' _.-1' 1 tt . •4fri nu 11/4 mi. ;.,..T -.....-4411.4----x „,... .04 3 Rt}H kis ... . I-11PP'. -„ - .. ,fi 1• ..... , e --- - .---.- • ,1[4, .1tr hi. ' 4 ...,... ,.. 1 /A ' '.‘..-S.. ' - • -..- ,1141, _ -•-.,-''-‘1 ' '- - ., ., . --•4 , 1= ofir,,- --k gii ifr- ..- •-P- 1 41; 1 I i je. 1 Jir ow _40160„141.)s.f ........a....... FM '-''' nor 1 i 1 i - ''. -i: .1 t_ • illadi. _.-- i ., ''=' ?---- e e e --.....4 id • 41 ,,, !UP ......k 1 ...# 41.7..iiii ej whew _iii, ;.: 1 ......: is ND FP - ' irit,,- { liedit) ' .1111,i 411111 _I-r4,a. / - Aliiinej d 4• 4 i ii:Imsciariii-: , ,4 :Al-- ,. s . . 6 a i • iirk • IP .1) • - ' . . _. ,_,' IP* •- ,- * 3 , . , 1 : . •-, . .r....1 . . .._. ,„C.,.. , ;.• . . -. • ! ) S , • , , 4".C21) till — - . j) f.4. 1 , • ...__ 71.P . ' A • i I •, I I .II 10 .... ' 7 1 1. / < 4 •-• --...—. 7) -- - ..-• ...11.) ) 1 . "J ri Arilairii i - 1 •,.:..!.-. ? \ 4 ' '...•.''..',..- I• • 'wd ---......) tiriiZ....)..-0 44 " , MEM 44I.4.li.4r.4:.if.4.f.a*,,,-4•,4 t . , • ,, •• i ....„...., ,.ii,., ..4,4 ,..: _,..L.:„..:....•,..: 3 -04104, - '7."-:- ' f /1 s., .) I'4" :: „ ,,I.--.i.•••:".- . - -- . !.., r 3-,-* ,,_ .,• _ ' . 41 "' OA. • A f rill .-- - ..- IP 1514.10'01,04k..d 4 ,... . . , - . _„ ____ I, ;"• 4 ' . . -_...... ..41 , 0. _ _. _ • , t • • . r, • i ... ' • ---c-.-,- - . ... • * ..,,... ' - .4 • 6• ._i , 'NI, • s ,- ...:› • . 0 ,... .›... . _ , • ____..0-_.. ,I. LI , .g. 1.,..i _, --.01.r'*..,, 414/Irn,' ..., • '0 4.4 0.- tJ11.01i. . 111 - . • . 4 IP '- I.- r 1 * ,- 1 • - • . • f r -- , - - - r '''' Ott_ *4fr. k - =0 IP•L....._.1.7. ' . IF 0 - ,..te.lialif IP ...I i_4 , il ..„. - - - - 4‘.• A- F 10TH ST . ,,,,,,„ 1 . '"! . -,'. "ia in • ..,,, ry, n77,77. - 1 t . . . II f ,4 1 ----- • 41111114 IaillOt1" ' 1. ,rn 1_4--.............0 I --111: k ; F -- r- 11 '. •-, .. ' ' dmisms32g_iill4Lrmar ._ , _ m -4 - laic -, ._ _...... e ' - • 0 7 - — „ -i .4 . .1 .• All Iliad, Item # 17 Oceanfront Investments, LLC [Applicant & Property Owner] Street Closure Portion of Atlantic Avenue adjacent to 4201 Atlantic Avenue April 14, 2021 RECOMMENDED FOR APPROVAL—CONSENT Mr.Wall: Thank you. The next agenda item is Agenda Number 17, Oceanfront Investments, LLC for street closure. Is there a representative for this item? Okay. Mr.Weiner: We'll get there before we vote. Mr.Wall: Okay. Okay. Mr. Nutter: Good afternoon, Members of the Commission. My name is RJ Nutter, I'm an attorney representing Oceanfront Investments, LLC. Thank you for placing us on the Consent Agenda. All five conditions are acceptable. We appreciate this; this is a pretty simple one, thank goodness. And again, thank you and thanks to the staff for all their hard work on this application. Mr.Wall: Thank you. Is there any opposition for this item to be on the Consent Agenda? Hearing none, we've asked Mr.Alcaraz to read this into the record. Mr.Alcaraz: Thank you, Mr.Wall. The applicant for agenda number 17 has requested to close a small strip of right of way in order to install a freestanding monument style sign at the entrance to a hotel at the oceanfront.Specifically,the proposed street closure is necessary to allow for a legal placement of a freestanding sign at the primary entrance of the new Marriott Oceanside Hotel, the Cavalier Beach Club and other associated establishments. The State Code requires that private signs be placed on the same parcel as the establishment the sign represents; otherwise, the sign is considered off site and therefore prohibited by City Code. If approved, the subject 420 square foot strip of land will be re-subdivided to become part of the adjacent privately owned parcel. The request is consistent with the long-range goals and the vision of the resort strategic growth area SGA. The sign meets all applicable Zoning requirements of the Oceanfront Resort District Form Based Code and the City's Zoning Ordinance and is consistent with the quality of the establishment it is advertising. Based on those conditions, staff recommends approval of the street closure and is recommended by the Planning Commission for approval for Consent Agenda. Mr. Wall: Okay, thank you. All right, the Planning Commission also places the following applications for Conditional Use Permit for Short Term Rental on the Consent Agenda as they meet the applicable requirements for Section 241.2 of the Zoning Ordinance. The Staff and 1 Planning Commission support the applications and there are no speakers signed up in opposition. These include Consent Agenda items number 23, 26 and 28. So yep, that was the last item on the consent agenda. Okay.So, with that being said, I move for approval of Agenda items 2, 3, 4, 5, 9, 10, 11, 12, 14, 16, 17, 18. And on the Short-Term Rental, Consent Agenda 23, 26 and 28. Mr.Weiner: We have a motion by Mr.Wall, do we have a second? Ms. Klein: I second. Mr.Weiner: Seconded by Mrs.Klein. And I think we have a couple of abstentions here. Mr. Graham: Thank you Chairman. Pursuant to the State and Local Government Conflict of Interest Act, I make the following declaration. I am executing this written disclosure regarding the Planning Commission's discussion and vote on Agenda Item 15, Derek and Nicole Howard, on Agenda Item 17, Oceanfront Investors and Agenda Item 18 Festival, LLC. The applicants have financing through Towne Bank at 297 Constitution Drive Virginia Beach,Virginia 23462 and I am on a committee at Towne Bank. However, I am not involved in any decisions made at the bank nor do I have a direct financial interest in the bank. As such, I have made this disclosure and believe that I can participate in these transactions fairly, objectively and in the public interest, and will participate and vote on these items. Please record this declaration in the official records of the Planning Commission. And then I have another item here. I am making this disclosure regarding the discussion and vote on the application of Short- Term Rentals. These are Agenda Items 19 through 28. I am abstaining because I believe until City Council has heard Planning Commission's recommendation regarding Short Term Rentals in the Old Beach area, as well as Planning Commission's recommendation regarding Short Term Rentals from the March 2021 public hearing, we should not hear another Short-Term Rental. I believe this is necessary to provide guidance to the Planning Commission so that we are able to be consistent. I do not have a conflict requiring me to abstain. A written disclosure of this will be provided tomorrow for inclusion in the Planning Commission's formal record. I am a Planning Commission member for the Lynnhaven District. Mr.Weiner: Thank you, anybody else? Mr. Inman? Mr. Inman: Yes, likewise, with regard to the Conflicts of Interest Act, I also am a member of the Virginia Beach Advisory Board of Towne Bank and I make the following declaration with regard to Item 15, Derek and Nicole Howard, Item 17, Oceanfront Investments, Number 18, Festival, LLC and I've made this disclosure and believe I can participate in this application and decision making fairly and objectively and in the public interest, and I will participate and vote on those items. 2 Mr.Weiner: Thank you. Ms. Oliver? Ms. Oliver: Pursuant to the State and Local Government Conflict of Interest Act, I make the following declaration; I've chosen to abstain from discussing and voting on Item Number 18, The Festival, LLC, 712 Atlantic Avenue, Virginia Beach, Virginia on the 14th of April 2021 Planning Commission Agenda. I'm party to a court case that is unrelated to this application but a representative of the applicant is involved in the case and I've chosen to abstain to avoid any appearance of conflict.Thank you. Mr. Weiner: Thank you, anybody else? All right, so we have motion by Mr. Wall, seconded by Mrs. Klein. You're ready to vote? Madam Clerk: Mr. Alcaraz? Mr.Alcaraz: Aye. Madam Clerk: Mr. Barnes is absent. Mr. Coston? Mr. Coston: Aye. Madam Clerk: Mr. Graham? Mr. Graham: Aye. Madam Clerk: Mr. Horsley? Mr. Horsley: Aye. Madam Clerk: Mr. Inman? Mr. Inman: Aye. Madam Clerk: Miss Klein? Ms. Klein: Aye. Madam Clerk: Miss Oliver? Ms. Oliver: Aye. Madam Clerk: Mr. Redmond is absent, Vice-Chair Wall? Mr.Wall: Aye. 3 Madam Clerk: Chairman Weiner? Mr.Weiner: Aye. Madam Clerk: By recorded vote of nine in favor and zero against, Agenda Items 2, 3, 4, 5, 9, 10, 11, 12, 14, 16 and 17 have been recommended for approval by consent. Agenda Items Number 18, 23, 26 and 28 have with a recorded vote of eight in favor, zero against and one abstention for each agenda item have been recommended for approval by consent. AYE 9 NAY 0 ABS 2 ABSENT 2 Alcaraz AYE Barnes ABSENT Coston AYE ABSTAIN from Graham AYE items 23, 26 and 28 Horsley AYE Inman AYE Klein AYE Oliver AYE ABSTAIN from item 18 Redmond ABSENT Wall AYE Weiner AYE CONDITIONS: 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee.The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Planning Department. 2. The applicant, or the applicant's successors or assigns, shall resubdivide the properties and vacate internal lot lines to incorporate the closed areas into the adjoining parcels. The resubdivision plats must be submitted and approved for recordation prior to the final street closure approval. 3. The Applicant shall dedicate a public drainage and utility easement over the entire area proposed for closure to the City of Virginia Beach by a separate recorded Deed of Dedication of Easement, subject to the approval of the Departments of Public Utilities and Public Works,and the City Attorney's Office,which easement shall include a right of reasonable ingress and egress. Said Deed of Dedication of Easement shall include the provision that if any maintenance, repair or failure of any public utility facilities causes 4 damage or destruction to the improvements proposed by the Applicant within the easement area, the Applicant will be responsible for the cost to repair or replace said improvements. 4. The applicant or the applicant's successors or assigns shall verify that no private utilities exist within the right-of-way proposed for the closure. If private utilities do exist, easements satisfactory to the utility company,must be provided. 5. Closure of the rights-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plats are not approved for recordation within one year of the City Council vote to close the rights-of-way this approval shall be considered null and void. 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. 5 I. - --. < n_L_____Ili°77:•' ♦ Ln w m .\r\N 4, tD No . N. m o N m o Qii-'•� N �+ � IS�- co h, .,:,, ,.0.... .1,,,,t; 4,... . ,,, ,s; 0,, ,, 0 . ,. .„, -...., -.. ,. b-f-- • (g4,111Y q'C� 1 • N . 4 v 0, !► : e 13 co /Ni/efrer ( 1 ' 0 a I Ibtili Ce CO 00 N .// ( ,,-61,t(. *-14. 4 -I ,41/4 4/tek -Ps W •i ,1%//i 0 7.A"""•. *\... 'Wet at 4%, . a \0 / ' IP 10 •% 7.:%................ P 4 I./rlity, / 7 4.7 CO co la N -8 V • p H Vert*. , < .42,4 1-1- s* O. ),_ = _C ‘ 0\ , 0 T.,,A, 1 O p' • -Q •IN 9 Tii=yr V .i • U O N 0 "� .• 'pi_7 0 V3 ' �'� o Oco .� ,� • °S � Y ,�I * -,V1 ��almil COca ii i. N / , e, N.., . o CU CD CD /I /Oh i k 11 ,,,Q. --& itt 4'----- - '• illpEr, o to -—04 1 a tx,rm .4 41 I II- "0 QN 0 ' ' 6--t- ,0 ' , -^,4•_•,.„ ,.-s i' i r nii-i---- - • .-::---•1.6.1 if ---7'-"=-1-181 Ili r WV ig,. . -'Ili cD 'l.\ 0 c7N Er _ 041 °o,. c rAt \ ,7V,,--, t•et it 1 "VII • c3, a) i; ., z•A\s /4s/--,>0 . --4,„\p, .. >! ; 0 , a 40 lit Y01JIIIII! II !�I N CO O- N, ),E; ' .c) i , -- 0 r Nu- f ;, � _ .Zi f ft•. SJ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: GRACE BIBLE CHURCH OF VIRGINIA BEACH, INC [Applicant & Property Owner] Modification of Conditions to a Conditional Use Permit (Religious Use) for the property located adjacent to and south of 2285 London Bridge Road (GPIN 2405700297). COUNCIL DISTRICT — PRINCESS ANNE MEETING DATE: May 4, 2021 ■ Background: In 2017, the City Council approved a Conditional Use Permit for a Religious Use on approximately 13 acres. Due to the church creating more detailed plans for both the proposed building and site layout, an application for a Modification of Conditions is now proposed to address desired changes. These changes include adjustments to the parking layout, the building footprint and elevations, as well as the conceptual stormwater strategy. The site is proposed to be developed in two phases. The first phase will be a 17,146 square foot building with a 350-seat sanctuary, a slight increase in square footage of what was approved in 2017. The second phase will add 27,925 square feet for a total of 45,071 square feet and an 800-seat sanctuary. The redesign of the parking lot results in parking spaces farther away from the existing residences as compared to the 2017 approval. Condition 5 currently states that the "Parking lot must be at current grade with adjoining property." The revision to the proposed stormwater system is designed to drain to proposed onsite stormwater management facilities before discharging into the existing public drainage system within the London Bridge Road right-of-way. As this site's elevation is below the elevation of the street, the land will be raised likely three to four feet in order to create positive drainage. • Considerations: The applicant is proposing to provide screening of the raised parking lot from the adjacent residential neighborhood in the form of two landscape buffers. A 10-foot wide landscape buffer closest to the church is proposed with a mix of evergreen trees and shrubs and a six-foot tall solid fence. The second landscape buffer will include a 15-foot wide planting area with trees and shrubs located along the property line where improvements are contemplated adjacent to the residential neighborhood. The two landscape buffers between the proposed church parking lot and residences will be installed during Phase 1. These plantings will soften the transition of the three-foot elevation increase and eliminate possible headlight glare from vehicles on the church property. A condition is recommended that Grace Bible Church of Virginia Beach, Inc Page 2of4 lighting be shielded to direct light onto the site, limit the height of outdoor light fixtures to 14 feet in height, and to limit parking lot perimeter parking lot lighting to no taller than four feet. A preliminary stormwater management analysis was provided to the Development Services Center(DSC) outlining the updated stormwater strategy for this site. The DSC has reviewed the preliminary stormwater analysis and finds that the stormwater strategy has the potential to successfully comply with stormwater regulations for this site. There was one speaker signed up in support of the application; however, as the Planning Commission placed the request on the consent agenda the citizen declined the opportunity to speak. After the Planning Commission public hearing, Staff amended the Staff Report to clarify the proposed 10-foot landscape buffer will be above the three-foot elevation change rather than on a berm. In addition, Conditions 2, 3, and 7 were amended to further clarify the screening and lighting requirements for this proposal and to emphasize the need for maintenance of plants at a minimum height and the requirement to replace any dead, dying, or diseased plant material. Condition 9 is added to specify the distance between the parking lot and the residentially zoned properties. These modifications to the Staff Report are indicted by underlined and strikethrough text throughout the report and in the conditions, as noted below. Further details pertaining to the application, as well as Staffs evaluation, are provided in the attached Staff Report. There is no known opposition to this request. ■ Recommendation: On March 10, 2021 , the Planning Commission placed this application on the consent agenda passing a motion to recommend approval by a vote of 9-0. 1. All of the conditions attached to the Conditional Use Permit for a Religious Use dated November 7, 2017 are hereby deleted and superseded by the conditions below. 2. When the church site is developed and landscaped, it shall be in substantial conformance with the submitted site layout exhibit entitled "SITE DEVELOPMENT PLANS FOR GRACE BIBLE CHURCH", dated 1-7-21, prepared by Site Improvement Associates, Inc., which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. Plantings along the two (2) property lines adjacent to residentially zoned properties shall be allowed to grow and shall be maintained at a height of no less than eight (8) feet. 3. A Landscape Plan shall be submitted and approvcd by the Development Se ices Center-La a-ape—ArGh ttec t84i-nal cite plan approval that Grace Bible Church of Virginia Beach, Inc Page 3 of 4 contains the plantings and screenings referenced in Condition 2 above that includes but not limited to the following: a. As depicted on the plan as the "15-foot landscape buffer", along adjacent properties that are residentially zoned, a mix of trees and shrubs within a planting area of no less than fifteen (15) feet shall be installed with plants that reach a minimum height of eight (8) feet at maturity; b. As depicted on the plan as the "10-foot +/- landscape buffer" at a distance of no more than forty-five (45) feet from the property lines where improvements are located (parking lot, etc.) a second landscape buffer shall be installed to include both a ten (10) foot wide planting area with a mix of evergreen trees and shrubs and a solid privacy fence with a minimum height of six (6) feet. A Site Plan shall not be released until the Landscape Plan is approved by the Development Service Center Landscape Architect. Any dead, diseased, or dying plantings shall be replaced by the next planting cycle. The solid privacy fence shall be maintained in good condition. 4. The exterior of the proposed building shall substantially adhere in appearance, size and materials to the elevations entitled, "Grace Bible Church, Strawbridge Campus" ["Phase 1 Elevations" & "Phase 2 Elevations"], prepared by Visioneering Studios, which have been exhibited to the Virginia Beach City Council and are on file in the Department of Planning & Community Development. 5. All on-site signage must meet the requirements and regulations of the Zoning Ordinance. A separate permit from the Department of Planning & Community Development is required for any new signage installed on the site. 6. The freestanding sign for the church shall be a monument style sign, with a total height not to exceed eight feet, and shall be in substantial conformance with the sign depicted on the exhibit entitled, "Proposed Grace Bible Church Monument Sign", which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 7. All outdoor lights shall be shielded and directed downward to direct light and glare onto the premises, said lighting and glare shall be deflected, shaded, and focused away from all adjoining property. All parking lot perimeter lighting between the parking lot and property lines adjacent to residentially zoned properties shall be limited to lighting no taller than four(4)feet. All other outdoor lighting fixtures, including building mounted lights, shall not be erected any higher than fourteen (14) feet. 8. The plan for complying with the Stormwater Regulations submitted to the Development Services Center at Site Plan Review shall be in substantial Grace Bible Church of Virginia Beach, Inc Page 4 of 4 conformance with the preliminary plan design and strategy for achieving compliance as submitted and preliminarily reviewed by Staff, unless otherwise approved by the Development Services Center. 9. Parking areas shall be no closer than ninety (90) feet from the adjacent residentially zoned property lines as depicted on the site layout exhibit entitled "SITE DEVELOPMENT PLANS FOR GRACE BIBLE CHURCH", dated 1-7-21, prepared by Site Improvement Associates, Inc., which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. • Attachments: Staff Report & Disclosure Statements Location Map Minutes of Planning Commission Public Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department G�(�' ' City Manager: fp Applicant &Owner Grace Bible Church of Virginia Beach, Inc Agenda Item Planning Commission Public Hearing March 10, 2021 City Council Election District Princess Anne 4 City of Virginia Beach Request Modification of Conditions (Religious Use) Staff Recommendation Approval Staff Planner Jonathan Sanders , Location ' Adjacent and south of 2285 London Bridge Road GPIN ,—..... 2405700297 - Site Size � 13.86 acres AICUZ r y Ater61. 70-75 dB DNL ?\1--- Watershed Southern Rivers I , 11.1 Existing Land Use and Zoning District Undeveloped/AG-1&AG-2 Agricultural c y' - . Surrounding Land Uses and Zoning Districts ^„4.4.141 Y f +. North `.1 /40 1' i London Bridge Road 'ce Agricultural buildings, undeveloped /AG-2 ;o,� " „ Agricultural i`Ng• ' +` South 4 9 47'•.0. :;'. kt Single-family dwellings/R-10 Residential "'"1t. t S a East `ram ` , _ - 4 r�.. , ,• ,, Single-family dwellings R-10 Residential t''1:� " . - '12' '` 1 West ;1 .14 _,, K - v .� 11 1,•; .*, 1 i mt 0* : �j - . _"' ,'-' 41 Open space/P 1 Preservation , S `_ r,a'}_ -'` , w : .-rr- Grace Bible Church of Virginia Beach, Inc Agenda Item 4 Page 1 Background & Summary of Proposal • A Conditional Use Permit for a Religious Use was approved for the 13.86 acre property on November 7, 2017 subject to six conditions. Condition 5 stated that the"parking lot must be at current grade with adjoining property". At this time,the applicant is requesting a Modification of Conditions to allow for changes in site design related to the parking layout and building footprint and elevations, as well as changes to the conceptual stormwater strategy. The revision to the parking lot is now farther away from the residences than in the 2017 approval. The revision to the proposed stormwater system is designed to drain to proposed onsite stormwater management facilities before discharging into the existing public drainage system within the London Bridge Road right-of-way. Because this site's elevation sits below the elevations of the street, a significant amount of fill is proposed. The site grades are proposed to be raised three to four feet above existing ground elevations to accommodate the proposed underground detention system and to provide drainage toward London Bridge Road. • The applicant is proposing to provide landscape screening of the raised parking lot from the adjacent residential neighborhood in the form of two landscape buffers. The first 10-foot landscape buffer is proposed on top of the three-foot elevated ground with a six-foot tall solid fence closest to the church and parking lot with a row of trees and shrubs facing the residential uses. The second landscape buffer will be a 15-foot landscape buffer with trees and shrubs located along the property line with the adjacent neighborhood. Sections of these two landscape buffers are provided on page 12 of this report. Parking lot landscaping with trees and shrubs is proposed along the northern edge of the proposed parking lot. The landscape plan will be reviewed in more detail at the final site plan review. Additionally,a perspective drawing from the residential lots is provided which illustrates how the three-foot elevated ground and the two landscape buffers(with fencing)will be seen. • The church building and parking are proposed to be developed in two phases.The first phase will be a 17,146 square foot building with a 350-seat sanctuary. The second phase will add 27,925 square feet for a total of 45,071 square feet and an 800-seat sanctuary. The two landscape buffers between the proposed church parking lot and residences will be completely built out during Phase 1. • The proposed elevations are provided for both proposed phases of the church and depict painted EIFS,aluminum cladding, and wood slat paneling. • Parking proposed for Phase 1 is 139 spaces and Phase 2 is 298 spaces. Parking for Phase 1 exceeds the minimum parking by 69 spaces and Phase 2 exceeds the minimum parking by 138 spaces. • There will be no changes to the proposed monument sign that was approved as part of the 2017 Conditional Use Permit. Grace Bible Church of Virginia Beach, Inc Agenda Item 4 Page 2 AG-1 R-20 R-20 AG-2 London army.Rood _ - , 3 Zoning History R•20 - # Request 1 CUP(Religious Use)Approved 11/07/2017�. R-20 CUP(Riding Academy)Approved 02/10/1975 R.10 '', 2 CRZ(R-20 to Conditional 0-1)Approved 12/09/2008 -a i 3 CUP(Outdoor Recreation)Approved 07/08/2008 J R-10 R•10 R•10 a R•10 10 -ft.10-N .;,,., ,,�� -10 R-1 R 10 iK 7[ Application Types CUP-Conditional Use Permit MOD - Modification of FVR-Floodplain Variance REZ-Rezoning Conditions or Proffers ALT-Alternative Compliance LUP-Land Use Plan CRZ-Conditional Rezoning NON-Nonconforming Use STR-Short Term Rental SVR-Subdivision Variance STC-Street Closure Evaluation & Recommendation In Staffs opinion,the proposed Modification to the Conditional Use Permit for the Religious Use is acceptable.The revision to the proposed stormwater system is now designed to drain towards London Bridge Road,which requires the parking lot to be approximately three feet higher than the grade adjacent to the adjoining residential property. The two landscape buffers will soften the transition of the three-foot elevation increase of the proposed church and parking lot and eliminate possible headlight glare from vehicles on the church property. Additionally,Staff has recommended a condition that lighting be shielded to direct light onto the site, limit the height of outdoor light fixtures to 14 feet in height,and to limit parking lot perimeter parking lot lighting to no taller than four feet in height. Ample parking will be provided to satisfy the minimum parking requirements of the Zoning Ordinance. The increase in the size of the building will not greatly increase the average daily trips associated with the use;therefore, it will not negatively impact the capacity of adjacent roadways.The request remains in keeping with the policies and goals set forth in the Comprehensive Plan for the Suburban Area, as the church provides a valuable service to the community and contributes to the sustainability of great neighborhoods. As recommended by Staff,the applicant submitted a preliminary stormwater management analysis to the Development Services Center(DSC)outlining the proposed stormwater strategy for this site.The DSC has reviewed the preliminary stormwater analysis and finds that the submitted stormwater strategy has the potential to successfully comply with stormwater regulations for this site. More detailed information can be found in the Stormwater Impacts section of this report. Based on these considerations,Staff recommends approval of the application,subject to the modified conditions below. Grace Bible Church of Virginia Beach, Inc Agenda Item 4 Page 3 Recommended Conditions 1. All of the conditions attached to the Conditional Use Permit for a Religious Use dated November 7, 2017 are hereby deleted and superseded by the conditions below. 2. When the church site is developed and landscaped, it shall be in substantial conformance with the submitted site layout exhibit entitled "SITE DEVELOPMENT PLANS FOR GRACE BIBLE CHURCH", dated 1-7-21, prepared by Site Improvement Associates, Inc.,which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning&Community Development. Plantings along the two(2) property lines adjacent to residentially zoned properties shall be allowed to grow and shall be maintained at a height of no less than eight (8)feet. 3. A Landscape Plan shall be submitted and' a ed Hsi the Development Scrviccz Center L andscape Architect prior to final site plan approval that contains the plantings and screenings referenced in Condition 2 above that includes but not limited to the following: a. As depicted on the plan as the "15-foot landscape buffer",along adjacent properties that are residentially zoned,a mix of trees and shrubs within a planting area of no less than fifteen (15)feet shall be installed with plants that reach a minimum height of eight(8)feet at maturity; b. As depicted on the plan as the "10-foot+/-landscape buffer"at a distance of no more than forty-five (45) feet from the property lines where improvements are located (parking lot,etc.)a second landscape buffer shall be installed to include both a ten (10)foot wide planting area with a mix of evergreen trees and shrubs and a solid privacy fence with a minimum height of six(6)feet. A Site Plan shall not be released until the Landscape Plan is approved by the Development Service Center Landscape Architect.Any dead, diseased, or dying plantings shall be replaced by the next planting cycle.The solid privacy fence shall be maintained in good condition. 4. The exterior of the proposed building shall substantially adhere in appearance,size and materials to the elevations entitled, "Grace Bible Church,Strawbridge Campus" ["Phase 1 Elevations" & "Phase 2 Elevations"], prepared by Visioneering Studios,which have been exhibited to the Virginia Beach City Council and are on file in the Department of Planning&Community Development. 5. All on-site signage must meet the requirements and regulations of the Zoning Ordinance.A separate permit from the Department of Planning&Community Development is required for any new signage installed on the site. 6. The freestanding sign for the church shall be a monument style sign,with a total height not to exceed eight feet, and shall be in substantial conformance with the sign depicted on the exhibit entitled, "Proposed Grace Bible Church Monument Sign",which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning&Community Development. 7. All outdoor lights shall be shielded and directed downward to direct light and glare onto the premises, said lighting and glare shall be deflected,shaded,and focused away from all adjoining property.All parking lot perimeter lighting between the parking lot and property lines adjacent to residentially zoned properties shall be limited to lighting no taller than four(4)feet.All other outdoor lighting fixtures, including building mounted lights,shall not be erected any higher than fourteen (14)feet. Grace Bible Church of Virginia Beach, Inc Agenda Item 4 Page 4 8. The plan for complying with the Stormwater Regulations submitted to the Development Services Center at Site Plan Review shall be in substantial conformance with the preliminary plan design and strategy for achieving compliance as submitted and preliminarily reviewed by Staff, unless otherwise approved by the Development Services Center. 9. Parking areas shall be no closer than ninety(90)feet from the adjacent residentially zoned property lines as depicted on the site layout exhibit entitled "SITE DEVELOPMENT PLANS FOR GRACE BIBLE CHURCH",dated 1-7- 21, prepared by Site Improvement Associates, Inc.,which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning&Community Development. 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. 2017 Conditions 1. When the church site is developed, it shall be in substantial conformance with the submitted site layout exhibit entitled, "Conditional Use Permit Exhibit—Landscape Plan," prepared by American Engineering,dated 04/28/2017,which has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 2. The exterior of the proposed building shall substantially adhere in appearance,size and materials to the elevations entitled, "Grace Bible Church Red Mill Campus" prepared by Visioneering Studios,which have been exhibited to the Virginia Beach City Council and are on file in the Virginia Beach Planning Department. 3. The freestanding sign for the church shall be a monument style sign,with a total height not to exceed eight feet, and shall be in substantial conformance with the sign depicted on the exhibit entitled, "Grace Bible Church Freestanding Sign," in terms of materials and color scheme. Said exhibit has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department.All signage on the site shall meet the requirements of the Zoning Ordinance. 4. The applicant shall obtain all necessary permits and inspections from the Planning Department Permits& Inspections Division and the Fire Department. 5. Parking lot must be at current grade with adjoining property. 6. Existing vegetation on site plan shall remain. Grace Bible Church of Virginia Beach, Inc Agenda Item 4 Page 5 Stormwater Impacts Project Stormwater Design Staff Summary The project site consists of a 13.87-acre parcel,with approximately 10.73 acres proposed to be disturbed for development. The majority of the proposed development is designed to drain to proposed onsite stormwater management facilities (SWMFs) before discharging into the existing public drainage system within the London Bridge Road right-of-way. The remaining perimeter drainage and undisturbed forested area will continue to discharge into the White Pine Farms and Pine Ridge neighborhoods. Currently over 10 acres of the site drains towards White Pine Farms and Pine Ridge;this will be reduced to just under 4 acres mainly consisting of perimeter grassed and tree buffer areas and conserved forested open space with the proposed development. The proposed SWMFs will consist of three underground stone vault detention systems that will be located under the proposed parking lot and grassed areas and a wet pond that will be located at the northeast corner of the site. The underground storage system will be used to satisfy water quantity requirements while the wet pond will be used for both water quantity and water quality purposes. The applicant previously received Conditional Rezoning and Conditional Use Permit approval with a Preliminary Stormwater Analysis that proposed routing the drainage to the south through existing stormwater infrastructure in the Pine Ridge neighborhood. Prior to site plan submittal,the consulting engineer proposed significant changes to the stormwater strategy which necessitated a resubmittal of the stormwater analysis.The current proposal routes the majority of stormwater runoff to the existing stormwater system in London Bridge Road,and because this site's elevation sits below the elevations of the street,a significant amount of fill is proposed. It is important to note site grades are proposed to be raised 3 to 4-feet above existing ground elevations to accommodate the proposed underground detention system and to provide positive drainage toward London Bridge Road. An estimated 4 to 6-feet of fill is proposed for the building pad with a total estimated fill volume of 67,000 cubic yards. The provided preliminary stormwater management design demonstrates conveyance of the runoff from the proposed development for storms up to and including the 100-year event plus 1.5'of sea-level rise(SLR). The submitted stormwater model included an offsite analysis to verify that the project will not have a negative impact or increase flooding levels on the existing stormwater system upstream or downstream. Based on the information provided by Site Improvement Associates, Inc. in the Preliminary Stormwater Analysis,the DSC agrees that the proposed conceptual stormwater management strategy has the potential to successfully comply with the stormwater requirements. Final design and detailed updates will be made during site plan submittal. More detailed project stormwater information is listed below. Project Information Total project area: 13.87 Acres Pre-Development impervious area:0.00 Acres(conservative assumption used for water quality calculations) Post-Development impervious area:5.33 Acres Does the analysis utilize the City of Virginia Beach Master Drainage Model: Yes Does the analysis incorporate into design increased rainfall amounts(NOAA plus 20%)and account for 1.5'SLR: Yes Stormwater Management Facility Design Information Type of facility proposed: Underground storage stone vaults and wet pond Grace Bible Church of Virginia Beach, Inc Agenda Item 4 Page 6 Total storage volume provided in proposed stormwater management facility: 210,803 cubic feet in the underground storage and 92,531 cubic feet in the wet pond for a total of 303,334 cubic feet. An additional 62,000 cubic feet of surface depression storage was provided near the entrance to prevent ponding on adjacent properties. Description of outfall: Runoff will leave the site in two directions,with a majority of the developed site (approximately 82% of the developed area) being attenuated and treated by the wet pond before discharging and connecting to the existing public storm system along London Bridge Road. A small area around the perimeter of the site mainly consisting of managed turf will be collected and will drain towards the existing storm system within the White Pine Farms neighborhood. Approximately 3.14 acres of the entire 13.87 acres site is proposed to be conserved as forest open space and will maintain its drainage pattern which currently drains into the Pine Ridge storm systems. The overall area and amount of runoff draining towards the White Pine Farms and Pine Ridge neighborhoods will be reduced. Both flow directions leaving the site from London Bridge Road and the White Pine Farms and Pine Ridge neighborhoods ultimately drain into the Hunt Club Tributary. Downstream conveyance path: The Hunt Club Tributary leads to the Upper West Neck Creek and subsequently drains into the North Landing River, through the Currituck Sound and ultimately out into the Atlantic Ocean. Stormwater Quality Compliance Design Information Pounds of phosphorus removal per year(lb/yr) required: 8.86 lb/yr Method of treatment proposed: 5.96 lb/yr will be removed with the wet pond, and the remaining 2.9 lb/yr is proposed to be provided through the purchase of nutrient credits from an offsite nutrient bank. Stormwater Quantity Compliance Design Information Channel protection: Provided stormwater model demonstrates non-erosive velocities of stormwater discharge. Flood protection:Attenuation of peak flow rates with no increase in flooding for 10-year storm in all evaluated stormwater structures upstream and downstream. 100-Year storm evaluation: Stormwater modeling demonstrates project meets the requirement of no increase in flooding for 100-year storm in all evaluated structures upstream and downstream. Sea-Level Rise: Project evaluated, and stormwater modeling demonstrates proposed buildings will not be impacted by stormwater during 100-year(including 1.5' SLR)storm event. Comprehensive Plan Recommendations The Comprehensive Plan designates the subject property as Suburban Area. Guiding principles have been established in the Comprehensive Plan to guard against possible threats to the stability of the Suburban Area and to provide a framework for neighborhoods and places that are increasingly vibrant and distinctive.The Plan's primary guiding principle for the Suburban Area is to create "Great Neighborhoods," and to support those neighborhoods with complementary non-residential uses in such a way that working together the stability and sustainability of the Suburban Area is ensured for now and the future. 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 is a forested section on the western portion of the site that will remain as a wetland area. There are no known cultural resources on the site. Grace Bible Church of Virginia Beach, Inc Agenda Item 4 Page 7 Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Existing Land Use'—139 ADT London Bridge Road 18,360 ADT' 32,700 ADT 1(LOS°"D") Proposed Land Use3—313 ADT(Weekday) Proposed Land Use3—1,246 ADT(Sunday) 1 Average Daily Trips 2 as defined by 13.86 acres of AG-2 3 as defined by a proposed °LOS=Level of Service property. 45,100 square foot church. Master Transportation Plan (MTP) and Capital Improvement Program (CIP) London Bridge Road in the vicinity of this site is a four-lane divided minor arterial suburban roadway. It has a variable width right-of-way, and the MTP shows a divided roadway with a bikeway and an ultimate right-of-way width of 100 feet. Public Utility Impacts Water The site must connect to City water. There is an existing 10-inch City water main along London Bridge Road. Sewer The site must connect to City sanitary sewer. There is an eight-inch gravity sanitary sewer along Mayberry Drive. Public Outreach Information Planning Commission • The church met virtually with members of the surrounding neighborhoods with 26 registered speakers to discuss the project on January 28, 2021. Overall,the proposal was well received by those in attendance according to the applicant. • As required by the Zoning Ordinance,the public notice sign(s) was placed on the property on February 8, 2021. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, February 21, 2021 and February 28, 2021. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on February 22, 2021. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of www.vbgov.com/pc on March 4, 2021. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, April 18, 2021 and April 25, 2021. Grace Bible Church of Virginia Beach, Inc Agenda Item 4 Page 8 • 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 April 19, 2021 • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/depa rtments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on April 30,2021. Grace Bible Church of Virginia Beach, Inc Agenda Item 4 Page 9 2017 Approved Site Layout ^+—„" HJVIYYMJ1Nn 2' 1SS3YMltl-Zr L) ISG ....... ��:.�r.%�:� 0000 HSZOZ Soot'Od] �Op!!,r RII4:�' w�.rm �..1.�.�^' OYO,noire M00 OI SBZZ �j ,:=;_" SndWA7'. 01;1 NOONOl t„<51%, 'o, ; f t 8uuaaui2u3 g - I --_� 3Jb'210 ter] ��N. �iiii>iii• NVOia3wv �� ! Vs i1 I ; E a aoo t Niiht§ !,!' /K.tg a % ",,,, � 1 4 i \ '� lii IIl I. # '. li ... hh ... 1 � a € a " `�, o• I .1-,,, fh j j� , 1 • i Q o 0 0 \ 3 Q _i w ;:7ow/ U Q IT crizom a Cr) e � d o _ a / 1 B =j d V mQro 1,, , rt 0, it o \- 1M / e4 I 10 J U.I = /i 1 C.) U Q 1 t Q' i Q / I ' z / �/ w ......4..... j a Grace Bible Church of Virginia Beach, Inc Agenda Item 4 Page 10 Proposed Site Layout -— k..........1) E. / u Lour. . m OIt tm a illngull, I_� • J , ;; / / /.� {� r 1 €! , - 11.. —4.j7.%•‘ 4* .‘'i i 49 "•'' II 4_ a u W`, ��.fr 10- - AL -il . J� wit —_, ) O _ ._ M Q —i r O :i I = ♦ v m 1 1 • •1 V ,•�(� O ♦0 t+ 43/48 I 1. MI II Ille 0 O .Il - i ;' CV- 0 fise CC s.al t; ;yp 'B w I W 1 i w z41 ;E� i I 4. s 1 15. 4 Grace Bible Church of Virginia Beach, Inc Agenda Item 4 Page 11 Proposed Phase 1 Site Layout 1; Lij ,ram /I / / I t i I ^► ) 4 / • ar\ v ,,j+. i R b • a; F•"' ti \ .\� • o �''��y� *+ / 1; Dog 1 V .v • lh� / , p IMF g i ♦ .J ` ,, ' i ( 1 4� , ---- --7 .4/1 ) :* AC fi' it •, rra pry -D' - //t.4 r id: _ s• ii.' . . . Hi / s,,z, --I i I 1 ,/ / �\ 'y etv /� t • Grace Bible Church of Virginia Beach, Inc Agenda Item 4 Page 12 Landscape Sections • • PLANT MATERIAL WITHIN BUFFER SECTION 'A' MS ,t OUG' OO . "* _ �000(X�O� �MOO�C O L:�`G^s�FGtt-1 i P *Pt a} v+,ft{w a.tw #11.- -r—PN--1 fl .. .. - ' r"-N` ; (444)-- _ ,-- i \.,, .JC. rer i'c ton* ,.,.... :a ,� ,hMi. LP`ih-«_ }rv� aT'uwcf+T AP.r.IT \�. PLANT MATERIAL BUFFERS WITHIN SECTION 'B' rem —.— ee'ACV F1103 - TO PPM LOT i— .—Sums nec Y --.I) If IOW IOW rou 1r /`^ er; .4':' /1 PS NM rutR''�lg10'> o Lam. SOP o o CMS PEA �o O► ilk . �I�I�I�I�I�I�I�I� u, I I ICI\ICI. �\' �.... �. �..�.......i. I 1 10 I-,,,,,,,,,,,,,$.$4.$4�0,,,,,,,,,A$ l 1 I�I�IlI�IZI�IZI%I�IZI1I�I�I�I�I�I�I�I�I�I 1 ,•+.•• 3 .....%%%%.V10..4I��I�� aw w� un a� I l/JbSGPE BUFFER 15' \I t $44.$4.$4.,.4444,%4,z.w$,„. ro 1 1 W�STONE OPPOSED EQUAL MN LE 1 Ir POOPPIED AWE---s jil) ir w s,avno_ecuasec uac . SECTION B—B CROSS—SECTION rrs VAN PIA Grace Bible Church of Virginia Beach, Inc Agenda Item 4 Page 13 Perspective from Adjoining Residences v 4 Q iiiI. 4 4*'y t y1`y �.t YP; i ', k ' '?t 44 k . .4- . ,‘ 'y L i t 1in.4 1471 404 ip 4 :• ,._ . _ , ,, ...k--,'',:" .- !•• ,. ,,^ r Grace Bible Church of Virginia Beach, Inc Agenda Item 4 Page 14 Front Rendering t r q„r� t.si a-- -- 3 t 11 litd d o ' ' f e ,; 0- , f 1� r c 4. 3h tt,,. a wr r 3 :44.1r(ik.':? Xia + 1'I'wtY�{. 1 Ili1' , w . : k` 9 to 4 yti 1-5i i,. I+•. s a.I irct,l , a � 10 % :. ioat' w ` '1a14l Grace Bible Church of Virginia Beach, Inc Agenda Item 4 Page 15 Proposed Elevations - Phase 1 • r- 1- (I) CI • y E cr) e ' Z U Li Mr o 0) w w N o II• i oZ 4' il ° . 1 - I : , _ R.: Q .r4.40, - III 0 _. ■ _ It I ift E i sI' w o c a w Cl) w Z 2N a z E I l- .-____J = N aZ W : MIMEOI W 3 it L _., .., Lir5.10.4" - o t_ . _. . s ,..14,, ... - - .,-, - ' ' I " ''''. / \ " a . ..-.,. _____ .., . , ,,,,,:_._ ....'" , "'" " '-.,---- 1.09 T 11,-'ter Grace Bible Church of Virginia Beach, Inc Agenda Item 4 Page 16 Proposed Elevations - Phase 1 • . '- ,s ( `'y31• � = , ' Il Q AP vp ^,� -" F r ,_` Q Q U 0 - t4,,-.-), ii. LIS.77-1"1, : _ cp }C d I— iiiii 3 H 1 III _re..d_ U -.-_� D Q f a W f,P. I E I I7N,,.a ..: z a a LL _ . „ _.... . .:, 1 _ ..____. , .. . „._, ...,,_, 0 ::.- 1 ... ,.- i .. _ _____ . . .!..... ,,„, , __,, _ OLD Grace Bible Church of Virginia Beach, Inc Agenda Item 4 Page 17 Proposed Elevations - Phase 2 • N t-. - T a i ` a II Z oQ ■. i Z ( ' a V 0 ice, „ I-Li �k,� ■ II o 0o d } 3cr z= cc 1 w J 1 Q O jii , - M w l� U: o �:A. . r _IL ?z �0� 4-v � ao 2 cc 4 e� o ; z IV' - co w 1 w a 0 o = w - 2< m W a z a __ LL ?a I a , V� Q OW Grace Bible Church of Virginia Beach, Inc Agenda Item 4 Page 18 U C '--I s 41 M V - (6 (6 (3 d sndLUoQ ebpiagmoa�S ypan40 alq!8 :1 ' 0 c Z Hd NOLLVA 8 BC:tS _LS-M 0 U m I O =1= — Ilk CU ra O31NIVd-SdI3 JOO81V13W ONVH83A0 031NIVd-Sd13 WV3S ON10NV1S aviz Wf1NIWn1V Z Hd NOLLV/%3L >lade H1T10S SN - - 1:'-. i.til i I. .t-L111,11 i=I . _i 1_,__ if ' k ' :i II A , II + a C +r ONVH83A0 fC . 031NIVd-5313 0V10 WnNIWnIV 031NIVd-SdI3 Y7 C1 W -a • S01an1S ONId33NOISI ....,. C1 (n 0 0- 0 I a Proposed Monument Sign , ' r -41 k..= '''' - * *: 1 ', .. ,44 44 1 F G ( y � Bible Church y, X 1. 11.: ' ^s z.. , 'AFeet...... 1st 1 •y _-4• _ f " y ^om , • ..r! Asa µ - 'f' - .. Grace Bible Church of Virginia Beach, Inc Agenda Item 4 Page 20 Site Photos • 4 V G'GRACE gal • _ Grace Bible Church of Virginia Beach, Inc Agenda Item 4 Page 21 Disclosure Statement d4. � � Disclosure State e nt rs - �, h', ;: ' �a75i_ ; L „ wA ., P11ng&Comrnun�y 4b, • 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. 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 Grace Bible Church of Virginia Beach,Inc. Does the applicant have a representative? III Yes ❑No • If yes,list the name of the representative. R.Edward Bourdon,Jr.,Esq.,Sykes,Bourdon,Ahem&Levy,P.C. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?Li Yes ❑No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Matthew Breltenberg,Treasurer;Clarke Tillman,Moderator;Michael Haney,Recorder;Eric Sanzone,Director;Keith Langland, Director;Toby Stewart,Director;John Lopardo,Director;Jeffrey Shoaf,Director;Jon Vogt,Director • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity2 relationship with the applicant. (Attach a list If necessary) • i '"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation."See State and Local Government Conflict of interests Act,VA.Code§2.2-3101. 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 i controlling owner In the other entity,or(III)there is shared management or control between the business entities. Factors that i should be considered In determining the existence of an affiliated business entity relationship Include that the same person or i substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business 1 entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or I there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va, Code§2.2-3101. I Revised 11.09.2020 1 I P a g e j Grace Bible Church of Virginia Beach, Inc Agenda Item 4 Page 22 Disclosure Statement .,:.. . , - :57 ' . ' r�,� k;�DiDDtosu .e Stateren t ,, 4rt t, �: � 4 �% irg s [ 'fir G c +..:,1.4 f °''i t+. S f ., I {�y d d 'v 4,,, .,.„,, . h'c[ fy"'Su�'� >7 'R1 [� � 4 �T�, j° �� C 4`+w, r Y Yf B Y �+ .,1�,nt3"k 3 k 7 d .F. w.}{+.. ,'. ji]gx omnunit�cx.� .�.r� '¢ gi'+att��Y'.¢q '&+oX i.,s.,1 '�' tD2..,r1• .. ellt4�.�^.g-{ -.:r'-. I 4 wh'w 7� . =. r r f' Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an Interest in the subject land or any proposed development contingent on the subject public action?0 Yes ill 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-collaterallxation,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? i ®Yes ❑No • If yes,Identify the financial Institutions providing the service. ( TowneBank • 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes II No i • If yes,Identify the company and Individual providing the service. ! i 3. Does the applicant have services for accounting and/or preparation of tax returns provided In connection with the subject of I the application or any business operating or to be operated on the property?0 Yes I No (I • If yes,Identify the firm and individual providing the service. I I I • 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?II Yes ❑No i • If yes,Identify the firm and individual providing the service, i Barry Morris,Visloneering Studios Architecture , i 5. Is there any other pending or proposed purchaser of the subject property?0 Yes I No I • If yes,identify the purchaser and purchaser's service providers. { i I i Revised 11 09.2020 2 ( Page Grace Bible Church of Virginia Beach, Inc Agenda Item 4 Page 23 Disclosure Statement 0 � 0 �, .---^ c-- --�- a^�—r s ter, �A A t ,,� o t< .� � . ,sttate art `itit -, �w-.'it.. 0,, S° r•.s pn � AIXrri.;:tia,';,:.:-PNIP,i'S •"''i ems. :',••J 4',car v ate.r tS ,7!- t 7,: yy,• 'nc 61, ,.o.ri, X. ,4 t 5 Jr� .. +. a sa :. a n.,. x e ,. e1rig; ti.0011.1�I1113s11trtpi.+�jhrw'S3 IA, s.'Jx' ,,yy h'9 b�� jIy F+ l%� �y�� 5 ,.'� (. #�" d :ram .{� ; t r �, ss Dave opment3,� s. • - 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?0 Yes a No • If yes,identify the company and individual providing the service. I 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business I operating or to be operated on the property?I Yes 0 No i • If yes,Identify the firm and individual providing the service. • Site Improvement Associates • 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?I Yes 0 No ' • if yes,identify the firm and individual providing the service. R.Edward Bourdon,Jr.,Esq.,Sykes,Bourdon,Ahern&Levy,P,C. r Applicant Signature I I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. i understand that, i upon receipt of notification that the application has been scheduled for public hearing,1 am responsible for updating the I 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. Grace Bible Church of Virginia Beach,Inc. i By. ' 4A dot ISMc I 1 Applicant Signature Print Name and Title i 3 2� ��( : Date , Is the applicant also the owner of the subject property? I Yes ❑No • If yes,you do not need to fill out the owner disclosure statement. 'FOR CITY U•SE ONLY/All disclosures must be updated two(2)weeks prior to any'Planning Commission and City Council meeting.J that pertains to the applications • l Date Signature® N°chang'''°1 04.21.2021 1 Print Name Hoa N. Dao I i I Revised11.09.2020 3(Page i Grace Bible Church of Virginia Beach, Inc Agenda Item 4 Page 24 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division,and the issuance of a Certificate of Occupancy,are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Grace Bible Church of Virginia Beach, Inc Agenda Item 4 Page 25 Item #4 Grace Bible Church of Virginia Beach, Inc. [Applicant & Property Owner] Modification of Conditions [Religious Use] Adjacent and south of 2285 London Bridge Road March 10, 2021 RECOMMENDED FOR APPROVAL—CONSENT Mr. Weiner: Thank you. We are unaware of any items to be withdrawn, there are no items to be withdrawn. So, now we will move on to the Consent Agenda and our Vice Chair Wall will take that over. Thank you. Mr. Wall: Thank you, Mr. Chair. These are applications that are recommended for approval by Staff and the Planning Commission concurred, and they are no speaker signed up in opposition. We have five items on the Consent Agenda today. The first item is agenda item number one, City of Virginia Beach resolution to schedule monthly meetings at the Planning Commission of the City of Virginia Beach for April 2021 to December 2021. Can someone from City Staff please speak on this. Mr. Dao: This is a Resolution to adopt a date of the Planning Commission for the year of 2021, basically from April 2021 to December of 2021. Mr. Wall: Thank you. Is there any opposition for this item being placed on the Consent Agenda. Hearing none, so, moving on to agenda item number three, Presmont Construction Services, an application for Conditional Use Permit for Automobile Service Station. Is there a representative for this item. Mr. Beaman: Yes, thank you Mr. Vice Chair, Mr. Chair, and Members of the Commission for the record, my name is Rob Beaman local land use attorney with the Troutman Pepper Law Firm. We have read the conditions, they are acceptable and we certainly appreciate being on consent today. Thank you. Mr. Wall: Thank you. Is there any opposition for this agenda item being placed on the Consent Agenda. Hearing none, Mr. Redmond has been asked to read this item into the record. Mr. Redmond: Thank you Mr. Vice Chairman and Mr. Chairman. This is an application for a Conditional Use Permit for an automobile service station. Specifically, it is a convenience store with eight gas pumps at the corner of Pleasure House Road and Shore Drive, in the Bayside District in Northwest Virginia Beach. The site is zoned B-2 community business district, so, it is quite appropriate for this kind of business. It is a 35,000 square foot site, so, just under an acre. The applicant seeks to redevelop the site with a 4000 square foot convenience store and eight fuel pumps as I said if anybody is familiar with this neck of the woods, this site has been an eyesore for about two decades. The design that the applicant has 1 provided is of a coastal style, which is quite attractive for this kind of product and it has a very nice mix of materials. The landscaping plan is quite attractive, it includes some site improvements including sidewalks around both sides of the property, there is one that exists on Shore Drive, but that will be improved as well. There is really nothing not to like about this application. There is no opposition, the Staff has recommended approval and the Commission concurs by consent. Thank you, Mr. Chairman. Mr. Wall: Thank you, Mr. Redmond. The next agenda item is agenda item number four Grace Bible Church of Virginia Beach Incorporated. This is a Modification of Conditions for Religious Use. Is there a representative for this item? Please state your name for the record. Mr. Bourdon: Eddie Bourdon Virginia Beach Attorney representing Grace Bible Church on this application. All of the eight conditions as recommended by Staff are certainly acceptable. We appreciate all of Staffs work on this. There was a gentleman now who was here, who is an adjoining property owner he was here to speak in favor of, I think he may still be here, but he was in favor of the application I advised him is on the Consent Agenda. He did not need to speak in his view. I understand, this morning I was here for the informal that some of you all had some questions and I am more than happy to try to address or answer them if you, if they were not answered satisfactorily to any of you or give you little bit of background if that is what the Commission desires, but otherwise we appreciate being on consent. Mr. Wall: Okay, thank you. Mr. Horsley has been asked to read this agenda item into the record. Mr. Horsley: Thank you, Mr. Wall. Back in 2017, a Conditional Use Permit was approved on this piece of property just shy of 14 acres and had six conditions, condition five stated that the parking lot must be at the current grade of the adjoining property. And, at this time, the applicant is requesting modification of the conditions to allow changes to the design and changes to the Stormwater Strategy Conceptual Plan. And, in doing this, the water drainage will change direction it is going to be going towards London Bridge Road. But, the property is somewhat lower than it needs to be to drain like it should be. So, three to four feet of field needs to be put in the property to raise it up and then the stormwater management facilities will work as is supposed to. I think this will be a big benefit for the surrounding community, the understanding the residential people in the close by will appreciate this and it will overall help with our drainage also. So, in Staffs opinion, this was a good application and they deemed it acceptable. We had nobody in opposition to it, so, we put it on the Consent Agenda. Mr. Bourdon had said if anybody had any questions he will be glad to answer them, but I think everybody must have gotten satisfied with the questions this morning. Thank you. Ms. Wilson: Mr. Inman, do you have a disclosure to make. 2 Mr. Inman: Yes, I do. I have a disclosure to make and that I am on the Advisory Board of Townebank. Townebank appears to have financing on this particular property, and I do not have a position where I make decisions on loans, and I will be voting on this matter. Mr. Wall: Okay. thank you. The next agenda items are agenda items number six and seven. Dam Neck Storage, LLC, Conditional Use Permit for Bulk Storage Yard and Modification of Proffers for Mini Warehouse and this includes with amended condition number two. Do we have a representative to speak on this item. Mr. Beaman: Yes, sir. Thank you, Mr. Vice Chair, Mr. Chair, and Members of the Commission again for the record Rob Beaman local land use attorney with the Troutman Pepper Law Firm. We have read the conditions with the correction and Mr. Wall noted, they are acceptable and we certainly appreciate being on the Consent Agenda. Thank you. Mr. Wall: Thank you. Is there any opposition for this item to be placed on the Consent Agenda? Hearing none, Ms. Klein has been asked to read this application into the record. Mr. Klein: Thank you, Mr. Wall. This property was rezoned from AG1 and 2 Agricultural Districts to Conditional I-1 Light Industrial District in 2005, for office warehouse and storage uses. The southern parcel is developed with self-storage, the eastern half of the site is developed with office warehouse and bulk storage, and the applicant seeks to expand the office warehouse and bulk storage yard uses onto the remaining western half of the site. The applicant seeks a Conditional Use Permit for a bulk storage yard and a Modification of Proffers request to amend proffers one, two, and four that were associated with the rezoning of the property in 2005, except for those proffers, the remaining proffers associated with the 2005 rezoning remain in effect. The proposal includes four buildings with an eight foot tall privacy and chain link fence and extensive vegetation buffer, exceeds the parking requirements by 22 spaces, there is no additional driveway or access proposed. And, as it falls into within the Navy restrictive easements, the Navy reviewed the proposal and has no objection. Mr. Wall: Thank you. That was the last item on the Regular Consent Agenda. Mr. Weiner: Yes, madam my turn. Yes, I am making a disclosure regarding this decision items number six and seven, I will be not voting on address a 1441 London Bridge Road, the applicant is a client of mine. The client is Dam Neck Storage, LLC. Ms. Wilson: No, do you work for Batchelder and Collins. Mr. Weiner: I work for Batchelder and Collins at 2305 Granby Street in Norfolk, Virginia. Ms. Wilson: Thank you. Within 24 hours a written letter of abstention will be provided to the Planning Department. 3 Mr. Weiner: Thank you. Mr. Wall: Okay, thank you. So, that was the last item on the Regular Consent Agenda. The Planning Commission also replaces the following applications for a Conditional Use Permit for Short-Term Rental on the Consent Agenda as they meet the applicable requirements for section 241.2 of the Zoning Ordinance. Staff and the Planning Commission supports the applications and there are no speakers signed up in opposition. These applications are number 10 and number 12. Okay, I make a motion that we approve agenda items number 1, 3, 4, 6, and 7. And, for the Short-Term Rentals agenda items number 10 and 12. Mr. Weiner: We have a motion for approval. Do we have a second. Ms. Klein: I will second. Mr. Weiner: Okay, we have a motion by Mr. Wall and a second by Ms. Klein. Ms. Wilson: Mr. Redmond, there are two Short-Term Rentals on here you need to make your disclosure. Mr. Redmond: Sure, I was going to wait until we had the hearing, but it seems like it is more appropriate time. I am abstaining on not just these two items that are on our Consent Agenda, but on every short-term rental application going forward, as well as on our consideration of the new ordinance. I have a small client in the travel business called Expedia Cruises, which I guess you are going to ask me to read these addresses. Expedia Cruises is a travel agency specializing in cruises. So, if you wanted to go to Cancun you could walk into a physical location which is what I am helping them to find and book a cruise. They are located at 1066 West Hastings Street, number 900 Vancouver, British Columbia V6E 3X1, Canada, and my involvement is through my commercial real estate work with my employer Divaris Real Estate Inc. at 4525 Main Street, Suite 900, Virginia Beach, Virginia 23462. I do a small amount of work for this cruise company, they are part of a much larger company called Expedia Group, which also owns I came to learn a couple weeks ago for the first time, which also owns a couple of online booking sites VRBO and HomeAway, and therefore I have concluded that it would be inappropriate for me to participate, not just in the ordinance but in any of the short- term rental applications, going forward so when we get to that point and the Commission starts those considerations I will take my leave and leave them to do their work on their own. Is there anything else you would like me to say, Ms. Wilson. That is the last time I will make that explanation other than to say, I have on file with the Planning Department a letter that explains my recusal from this part of our body of work. Good. Alright. Thank you, Mr. Chairman. Mr. Weiner: We had a motion by Mr. Wall a second by Ms. Klein for the Consent Agenda, we ready to vote. Ms. Sandloop:Okay, Mr. Alcaraz. 4 Mr. Alcaraz: Aye. Ms. Sandloop: Mr. Barnes is absent. Mr. Coston. Mr. Coston: Aye. Ms. Sandloop: Mr. Graham is absent. Mr. Horsley. Mr. Horsley: Aye. Ms. Sandloop: Mr. Inman. Mr. Inman: Aye. Ms. Sandloop:Ms. Klein. Ms. Klein: Aye. Ms. Sandloop: Ms. Oliver. Ms. Oliver: Aye. Ms. Sandloop: Mr. Redmond. Mr. Redmond: Aye, with the stipulation that I am particularly recusing myself on the items with regard to short-term rental. Thank you. Ms. Sandloop:Vice Chair, Wall. Mr. Wall: Aye. Ms. Sandloop:Chairman Weiner. Mr. Weiner: Aye. Ms. Sandloop: By a recorded vote of nine in favor and zero against with modifications to agenda items 1, 3, 4, 6, and 7, with modifications to agenda item six related to fencing short-term rental agenda items 10 and 12 have been approved nine in favor and zero against with Mr. Redmond abstaining from items 10 and 12 and Chairman Weiner abstaining from items six and seven. AYE 9 NAY O ABS O ABSENT 2 Alcaraz AYE Barnes ABSENT Coston AYE Graham ABSENT Horsley AYE Inman AYE Klein AYE 5 Oliver AYE Redmond AYE Wall AYE Weiner AYE CONDITIONS 1. All of the conditions attached to the Conditional Use Permit for a Religious Use dated November 7, 2017 are hereby deleted and superseded by the conditions below. 2. When the church site is developed and landscaped it shall be in substantial conformance with the submitted site layout exhibit entitled "SITE DEVELOPMENT PLANS FOR GRACE BIBLE CHURCH", dated 1-7-21, prepared by Site Improvement Associates, Inc., which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 3. The exterior of the proposed building shall substantially adhere in appearance, size and materials to the elevations entitled, "Grace Bible Church, Strawbridge Campus" ["Phase 1 Elevations" & "Phase 2 Elevations"], prepared by Visioneering Studios, which have been exhibited to the Virginia Beach City Council and are on file in the Department of Planning & Community Development. 4. A Landscape Plan shall be submitted and approved by the Development Services Center Landscape Architect prior to final site plan approval. 5. All on-site signage must meet the requirements and regulations of the Zoning Ordinance. A separate permit from the Department of Planning & Community Development is required for any new signage installed on the site. 6. The freestanding sign for the church shall be a monument style sign, with a total height not to exceed eight feet, and shall be in substantial conformance with the sign depicted on the exhibit entitled, "Proposed Grace Bible Church Monument Sign", which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 7. All outdoor lights shall be shielded to direct light and glare onto the premises, said lighting and glare shall be deflected, shaded, and focused away from all adjoining property. All parking lot perimeter lighting shall be limited to lighting no taller than four(4) feet. All other outdoor lighting fixtures shall not be erected any higher than fourteen (14) feet. 8. The plan for complying with the Stormwater Regulations submitted to the Development Services Center at Site Plan Review shall be in substantial conformance with the preliminary plan design and strategy for achieving compliance as submitted and preliminarily reviewed by Staff, unless otherwise approved by the Development Services Center. 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 6 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. 7 08 L 0S L OZL 06 09 0£S I. 0 ois!v anu] lot 6uibJed 10ad imi 1.1 Ni - 6uiplin8 1 6u!uoZ ( 5 10011S % 1fZ 6017 suo6AIod—ApadoJd Tti t31� 9r533 al's .4 N 17Zv _ _ / r1 w� w' 9"£d t011i 0 \ vallS erDi A \--- zi:v k.. -: \ s.2t 1\4 --,„__,-_-__-- •.: 0 9£V II \ Z `d • frZv Z,v \.- _.\ z !? v 01 , 6, ° ' \ --h 0 \\ As .43 toVi- , 1 ______ go Q - ___ _ ellsklt� - Illii - - ' le wii ' k as ` , a S-21 Z-LV �aaa�S-1° \ � �Q: � I 1 Z I.d c \ \�, Z IN1`' via I I, To (V4 \ \ -u" ' Iliiii_____ - ---- - 1-31 Z I't/ i, Z1 CITY OF VIRGINIA BEACH AGENDA ITEM 1 ITEM: CESJB, LLC [Applicant & Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 409 24 1/2 Street (GPIN 24270916610000). COUNCIL DISTRICT — BEACH MEETING DATE: May 4, 2021 • Background: The applicant is requesting a Conditional Use Permit for Short Term Rental on a 2,700 square-foot parcel zoned A-12 Apartment District (Old Beach Overlay). The lot consists of one single-family home containing two bedrooms. The minimum number of parking spaces required for the Short Term Rental is one per bedroom, or two spaces in this instance. The maximum occupancy for guests on-site after 11:00 p.m. for a two-bedroom Short Term Rental is six; however, at the time of this writing, the applicant accepted the City Council's recent Short Term Rental condition revisions reducing the number of overnight guests permitted to two per bedroom and limiting the number of bookings in a seven day period from two to one. These changes are reflected in the conditions below. As of March 8, 2021 , Host Compliance shows no current/active STR advertisements associated with the subject address. This request was deferred at the April 6, 2021 public hearing due to improper posting of the required on-site Conditional Use Permit request public notification signage. • Considerations: This property is located within the Old Beach Overlay, which is a community consisting of an assortment of development types and uses. The subject property was developed in 1939 and sits approximately 1/4 miles from the public beach of the Atlantic Ocean. The applicant's parking plan illustrates two proposed on-site compacted gravel parking spaces. In addition, the applicant is willing to add a code compliant entryway apron on 24 1/2 Street. A recommended condition was added to address this matter. Furthermore, since parking access can only be granted from an improved right-of-way and the 10-foot alley is intended for southbound traffic only, another recommended condition is included requiring the placement of a hedgerow bordering the proposed driveway. The aim of the hedgerow is to dissuade vehicle operators whose intentions may be to park on the subject property, from entering the 10-foot alley in the wrong direction. This hedgerow will clearly delineate the extents of the alley and the private property. The applicant is CESJB, LLC Page 2 of 4 agreeable to the placement of the hedgerow as depicted in the parking plan found in the Staff report. Another condition is recommended to address the existing compacted gravel currently on the subject property. This gravel is presently used in connection with the 10-foot alley, and until recently, continued onto the abutting lot to the north. Since the northern lot is now under development, the alleyway gravel located on that lot was removed and a concrete driveway for the newly built single-family home will be poured in its place. Consequently, Staff feels that the area of gravel associated with the 10-foot alley on the subject lot may be confusing to motorists. Therefore, Staff recommends that it be removed. The applicant is agreeable to this condition. As permitted by Section 241 .2(1) of the City Zoning Ordinance (CZO), the Zoning Administrator approved the applicants parking plan. In addition, all other requirements found in Section 241.2 of the CZO pertaining to Short Term Rentals can be reasonably met by the applicant. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. There was one letter of opposition received relating to this request. The author of this letter expressed concern relating to the number of Short Term Rentals on this block and their impacts to the tranquility of nearby residents due to behavioral spillover. Additionally, the author of the letter voiced their worry over neighbor policing of the property, especially late at night. • Recommendation: On February 10, 2021 , the Planning Commission passed a motion to recommend this item on the Consent Agenda, passing a motion by a recorded vote of 10-0, to recommend approval of this request. 1 . The following conditions shall only apply to the dwelling unit addressed as 409 24 'A Street and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241 .2 of the City Zoning Ordinance or as approved by City Council. 3. A driveway apron meeting Public Works Specifications and Standards shall be installed along 24 IA Street within 90-days of City Council approval. As illustrated on the parking plan included in the Staff report, this apron shall be used for vehicle entry and exit onto the proposed 9-foot by 36-foot north/south oriented compacted gravel driveway. 4. As illustrated on the parking plan found in the Staff report, a planted hedgerow shall be installed within 90-days of City Council approval. All proposed plant species shall be submitted for review to the Zoning Administrator. Only those species approved by the Zoning Administrator shall be installed. CESJB, LLC Page 3 of 4 5. All compacted gravel on the east side of the subject lot, located between the dwelling and the eastern property line, shall be removed within 90-days of City Council approval. As illustrated in the parking plan included in the Staff report, this requirement does not include the proposed north/south oriented 9-foot by 36-foot compacted gravel driveway. 6. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the 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. 7. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2))on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 8. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes. Physical response to the site of the Short Term Rental is not required. 9. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through `c' below. This information must be submitted to the 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 registration form; 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. 10.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. 11 .There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23- 71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. CESJB, LLC Page 4 of 4 12.All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 13.Accessory structures shall not be used or occupied as Short Term Rentals. 14.No signage shall be on-site, except one (1), four (4) square foot sign, may be posted on the building which identifies the Short Term Rental. 15.The Short Term Rental shall have no more than one (1) rental contract during any consecutive seven (7) day period. 16.The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 17.There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 18.The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom. 19.To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors, shall be installed in each Short Term Rental. ■ Attachments: Staff Report and Disclosure Statements Location Map STR Vicinity Map Minutes of Planning Commission Hearing Letter of Opposition (1) Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department 0 City Manager% Applicant and Property Owner CESJB, LLC Agenda Item Planning Commission Public Hearing February 10, 2021 City Council Election District Beach 15 Virginia Beach Request Conditional Use Permit (Short Term Rental) Staff Recommendation Approval _ llory N Road - loth Sae h6eY 19th streettY' Staff Planner �,t„ ..+\ William Miller i ' 4111111, Location . - _ iMl114l!' i. 24th /z Street . I 0409 GPIN r, Zahstreet oitti . iiiiii 24270916610000 �" S4ee1 llyd Sveet � 22nd Street � c Site Size -s" ,eet 1 2,700squarefeet ,•+" - _- ""alto„`,.` ` t stre.t. y y iith Street Existing Land Use and Zoning District Single-family dwelling/A-12 Apartment (Old Beach Overlay) Surrounding Land Uses and Zoning Districts a .North r Single-family dwellings/A-12 Apartment (Old Beach Overlay) ' t South 24th % Street (alley) ii Single-family dwellings/A-12 Apartment (Old dirk - Beach Overlay) East 10 foot alley —' Zattt tat,;;,,St`„r —1 Single-family dwellings/A-12 Apartment (Old . -"—"'� . r ram: t- .. - ,' <-, Beach Overlay) West s Single-family dwellings/A-12 Apartment (Old _ , -Beach Overlay) •..2i _ CESJB, LLC Agenda Item 15 Page 1 Background & Summary of Proposal Site Conditions and History • This 2,700 square foot lot is located within the A-12 Apartment District(Old Beach Overlay)and contains one single-family dwelling. • According to City records,this home was constructed in 1939. • Staff inspected the site on December 17, 2020 to observe site conditions and take photographs for this report. • According to the applicant's representative,the previous owners of the home have rented the house out on a short term basis for many years; however,they did not register the rental with the Commissioner of the Revenue. • The subject dwelling was constructed before on-site parking was mandatory;therefore,the property does not currently meet the off-street parking requirements for Short Term Rental use. Because of this,the applicant is willing to add a code compliant entry apron on 24%2 Street and a 9-foot wide by 36-foot long north/south oriented compacted gravel driveway.A recommended condition was added to address this matter. • On-street parking is not permitted on this portion of 24 1/2 Street, nor is it permitted in the 10-foot alley. • No records of zoning violations relating to Short Term Rental use were found associated with the subject address. • This request was deferred at the April 6, 2021 public hearing due to improper posting of the required on-site Conditional Use Permit request public notification signage. • The applicant accepts City Council's recently imposed conditions reducing the number of bookings in a seven day period to one and limiting the overnight guest calculation to two per bedroom. CESJB, LLC Agenda Item 15 Page 2 AShort Term Rentals in the Vicinity f T t� 1 1 k-^ , t�i x�e�� -tree 44 litisji6 T�C #• ek. / 1��A 6 1\ 6th Street ' tc�� 1 ' ,�_s, ii t tn_y j 1 V z�� \ 2 0 sty eet A 4 yee a t 4t\ . Via_`,.. ;:qy a,.--' ' SIT tteet i,_ ,-- '' ~- c - t t a T.. " ,0L. S STATUS �g3sd:rig* t Q Approved C4 t` N 010 t e �/Denied 2t � 0 .. 1 O Under Review % 41 St "et ��l, 2 (� Registered �� 1 `,f - i J' i toll , ` �_r--- 2 Current as of 03.05.2021 Summary of Proposal The applicant submitted a Conditional Use Permit request to operate a Short Term Rental on the subject site. The regulations for Short Term Rental use are identified in Section 241.2 of the City Zoning Ordinance. Specific details pertaining to this application are listed below. • Number of bedrooms in the Short Term Rental: 2 • Maximum number of guests permitted on the property after 11:00 pm: 4-As recommended in condition#18 • Number of parking spaces required (1 space per bedroom required): 2 • Number of parking spaces provided on-site:0 (2 are proposed—see parking plan on page 7) CESJB, LLC Agenda Item 15 Page 3 \ 4 t \ Zoning History A zr ^ 2 # Request " 1 STR(Short Term Rental)Approved 06/23/2020 STR(Short Term Rental)Approved 06/23/2020 2 STR(Short Term Rental)Approved 06/23/2020 3 CUP(Bed and Breakfast)Approved 08/26/2003 4 STR(Short Term Rental)Approved 02/04/2020 024 /irr 5 CRZ(0-2 to R-5D)Approved 08/09/2011 4-6 \ Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance LUP—Land Use Plan REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Evaluation & Recommendation This property is located within the Old Beach Overlay and was partially included in the original subdivision plat created by the Virginia Beach Development Company in 1915 (it was later subdivided by deed).The Old Beach community includes an assortment of development types and uses with Baltic Avenue acting as a separation line between higher and lower density zoning districts.Specifically, much of the property east of Baltic Avenue falls within a higher density apartment zoning district,while much of the property west of Baltic Avenue falls within a lower density residential zoning district.Admittedly, exceptions to this statement can be found both east and west of Baltic Avenue.The subject property lies east of Baltic Avenue,was developed in 1939,contains one single-family home,and is assigned to the A-12 Apartment Zoning District.Additionally,this home sits approximately% miles from the public beach of the Atlantic Ocean.The applicant's parking plan illustrates two proposed on-site compacted gravel parking spaces. Based on the specifics noted in the "Site Conditions and History" section of this Staff report,as well as recommended conditions 3,4, and 5,the Parking plan was deemed acceptable by The Zoning Administrator as permitted by Section 241.2(1)of the City Zoning Ordinance (CZO). In addition, all other requirements found in Section 241.2 of the CZO pertaining to Short Term Rentals can be reasonably met by the applicant. As noted above,the applicant is willing to add a code compliant entry apron on 24 Y2 Street and a 9-foot wide by 36-foot long north/south oriented compacted gravel driveway to meet the parking requirements. A recommended condition was added to address this matter. Since parking access can only be granted from an improved right-of-way,and the 10-foot alley is intended for southbound traffic only, a recommended condition is included requiring the placement of a hedgerow bordering the proposed driveway.The aim of the hedgerow is to dissuade vehicle operators,whose intentions may be to park on the subject property,from entering the 10-foot alley in the wrong direction and to clearly delineate the extents of the alley and the private property. The applicant is agreeable to the placement of the hedgerow as depicted in the parking plan found in this Staff report. Another condition is also recommended addressing the existing compacted gravel currently on the subject property. This gravel is presently used in connection with the 10-foot alley, and until recently,continued onto the abutting lot to CESJB, LLC Agenda Item 15 Page 4 the north.Since the northern lot is now being developed,the alleyway gravel located on that lot was removed and a concrete driveway for the newly built single-family home will be poured in its place. Consequently,Staff feels that the area of gravel associated with the 10-foot alley on the subject lot may be confusing to motorists.Therefore,Staff recommends that it be removed.The applicant is agreeable to this condition. Based on the considerations above, Staff recommends approval of this request with the conditions listed below; however,the recommended conditions do reflect City Council's Short Term Rental revisions by reducing the number of bookings in a seven day period to one and limiting the overnight guest calculation to two per bedroom Recommended Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 409 24%Street and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. A driveway apron meeting Public Works Specifications and Standards shall be installed along 24%2 Street within 90- days of City Council approval.As illustrated on the parking plan included in the Staff report,this apron shall be used for vehicle entry and exit onto the proposed 9-foot by 36-foot north/south oriented compacted gravel driveway. 4. As illustrated on the parking plan found in the Staff report,a planted hedgerow shall be installed within 90-days of City Council approval.All proposed plant species shall be submitted for review to the Zoning Administrator.Only those species approved by the Zoning Administrator shall be installed. 5. All compacted gravel on the east side of the subject lot, located between the dwelling and the eastern property line, shall be removed within 90-days of City Council approval.As illustrated in the parking plan included in the Staff report,this requirement does not include the proposed north/south oriented 9-foot by 36-foot compacted gravel driveway. 6. This Conditional Use Permit shall expire five (5)years from the date of approval.The renewal process of this Conditional Use Permit may be administrative and performed by the 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. 7. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two(2))on the property where the Short Term Rental is located.This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 8. The owner or operator must provide the name and telephone number of a responsible person,who may be the owner, operator or an agent of the owner or operator,who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes. Physical response to the site of the Short Term Rental is not required. 9. If, or when,the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a'through 'c' below.This information must be submitted to the 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 registration form; and CESJB, LLC Agenda Item 15 Page 5 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. 10. 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. 11. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise),31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 12. All refuse shall be placed in automated refuse receptacles,where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 13. Accessory structures shall not be used or occupied as Short Term Rentals. 14. No signage shall be on-site,except one (1),four(4)square foot sign, may be posted on the building which identifies the Short Term Rental. 15. The Short Term Rental shall have no more than one (1) rental contract during any consecutive seven (7)day period. 16. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 17. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 18. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom. 19. To the extent permissible under state law, interconnected smoke detectors(which may be wireless), a fire extinguisher and,where natural gas or propane is present, carbon monoxide detectors,shall be installed in each Short Term Rental. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. Public Outreach Information Planning Commission • One letter of opposition was received by Staff related to this request. • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on January 11, 2021. CESJB, LLC Agenda Item 15 Page 6 • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,January 24, 2021, and January 31, 2021. • 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 25, 2021. • This Staff report,as well as all reports for this Planning Commission's meeting,was posted on the Commission's webpage of www.vbgov.com/pc on February 4, 2021. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,April 18, 2021 and April 25, 2021. • 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 April 19, 2021 • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departments/city-clerk/citv-council/Documents/BookmarkedAgenda.pdf on April 30, 2021. CESJB, LLC Agenda Item 15 Page 7 Site Layout & Parking Plan - 9'x 18'parking space 45. ___ on compacted gravel .WeME surface NJ Abutting lot/Single-family Driveway apron/Placed to home under construction/ meet Public Works 409 24'A Street 410 410 25th Street Specifications and Standards g - 25 St. See recommended condition#3 00;._, Removal of existing gravel . ,„" , The developer of 410 25th See recommended '_,_ Street has removed all condition#5 ---_,_ 1 2 gravel from this lot. This ,, 41111 will be part of the __ I driveway for 410 25th Hedgerow 45. _ : Street See recommended condition#4 ill 1o � ` + ► The developer of 410 25th One Way _ Street will soon pave a portion of the 10-foot alley 2414 Arctic Avenue from 25thStreet to the southern limits of the property addressed as 410 25th Street I i Po„ �, , l �,.d. �.• / I — ' a�osI � :mwAw ( n; I .c. J -F, ,_'..0.:,,`'h k.., ec ')Cr,1' Y .;F IIlir',_, p i, � l J' Construction 409 24%St. 1 —- 410 25t"St. s-'_— �' {I �� P a �` , NORM Of VP u „ y 4 Iti _ 1 It II Proposed driveway Drivewa 1Yr�1 ' L D '� ''` r'- y �'�S 414. ,� `.. - it —.— —.—.—. — —. 9 a 1 —_____-- i .r;.T ! �.' I � DEVELOPER Wi NOTJ rmm t_ffi To IT"PIC.�, a1Cn tNR n•"_ ,.�. One Way Signs ..o..... ..—...--_.., w.,... s. .,..., le -_ I CESJB, LLC Agenda Item 15 Page 8 Floor Plan Bedroom Bath Bedroom ("LI " .."\ cri ca r ' m Family Room c r 28.5' Floor plan of 409 24 % Street / Submitted by the applicant CESJB, LLC Agenda Item 15 Page 9 Site Photos . , . -,.....,, .-- , . .., ---' ' _....r.,_ .4..ot 1 I . ? — . .. , ..... , ..-7.-..—... . . ,, . .,. 44' ' -- --,,,,,' 1 - I f . .vi. II _---*•.•--':-,,t .4,''' ' ',.......„...1 .1,.:. , ,. ,i , 77'-',-.--v!,';'1,-,ii,,;- ..,'. - •-.-.'-,'- .k , 141, 4 -44k---7.1 id- =-0 ..-- lk, r- r 4 It ,---:- A.,,- 74* . , ----- ..,,...lit,. ' - umonsa ..„. *---: t.'-', it4c-z- - ..- ' . .. ...., -.., , 409 24 Y2 Street IRO 44 I' mr, „sir - *kV .. , . - Fagiiii -. ..,411, `..•*„, ,. _ Illir ' '..:::•:'." *.' iZOIP"' t'- ., ... 4000001, sr.' , . - •. :4iii;-1 '''. • .4.'s --- IMO I . a . fiPaP".- CESJB, LLC Agenda Item 15 Page 10 Site Photos 16,„ , • i 1$"v it "I t' j;' `- i•`.�.`L�`.nff `-. ' . �/' _ - —_ t ia s. Ilk'N'' li ,44'..%‘Likah,..,... - it. .„. -, i 4 1 i ([1\,--- . 4, Ai t - \ 4a 1 i k ,__ --Ail-- '- Driveway for new home next door (under construction-410 25'Street) -,...t,.. ,1 4. ti)r r:wa ,.r Y �` r IP ir. 4r , . .,,,,, • 1 :,, _,. , . ., ,... ,,, b� 1 4 v.I- Location of proposed driveway CES1B, LLC Agenda Item 15 Page 11 Disclosure Statement 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 CESJB,LLC,a Virginia limited liability company Does the applicant have a representative? ■Yes ❑No • If yes,list the name of the representative. R.Edward Bourdon,Jr,.Esq.,Sykes,Bourdon,Ahern&Levy,P.C. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?Ii Yes ❑No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Christopher J.Ettel,Steven W.Bishard,and John Bishard,Members ▪ If yes,list the businesses that have a parent-subsidiary'or affiliated business entity=relationship with the applicant. (Attach a list if necessary) I"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation" See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101 "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 ocher 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. II . CES1B, LLC Agenda Item 15 Page 12 Disclosure Statement Disclosure Statement v�i l'irt,ucu 8aufi 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? ❑Yes No • If yes,identify the financial institutions. 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 real estate broker/realtor. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes I®No • If yes,identify the firm or 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 II No • If yes,identify the firm or individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?❑Yes I No • If yes,identify the purchaser and purchaser's service providers. 2 � CESJB, LLC Agenda Item 15 Page 13 Disclosure Statement Disclosure Statement1B an,ofW Bmd Planning&Community m ., - 1 elopnaent 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?0 Yes N No • If yes,identify the construction contractor. 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 engineer/surveyor/agent. Eric Garner,WPL 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?IN Yes 0 No • If yes,identify the name of the attorney or firm providing legal services. R.Edward Bourdon,Jr.,Esq.,Sykes,Bourdon,Ahern&Levy,P.C.;Harry R.Purkey,Jr.,Esq. Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the 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. C Applicant Signature _ Christopher J. Ettel, Member Print Name and Title �aJvi�llZy 7, 2-o2( --- Date Is the applicant also the owner of the subject property?'"Yes 0 No • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications No changes as of Date 103-16-2021 %`n't"e WiiliciAttvM alev Print Name William Miller , 31 CESJB, LLC Agenda Item 15 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 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division,and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. CESJB, LLC Agenda Item 15 Page 15 ZZOZ-SO-a) uo palepdn , 1 b pa1asi6a " �5 r H , ,a a..4 - ,ainab aapu�i rstio paivaa \\ __---- 10_44., ,. V c 1-� ti, panoiddy Q \ V a.a 1 Z _� • �eaA - -I Sftl`d1S \--_--Ac?)7.' ' ,a), 1�, it: - 1 v., 0 , . .0.311 0 .7.----7-71.1_ifs . --_ ---4 -rig 5 :�, ID. \,,,s4‘\ laii \ 1- \ :7 _ . 4e, 1---'--1--_---------. .-- ---1—j;- � _SQL . .;, ,,i___ . ______ A r l . :_, a,A3is I , x 1.‘1. . 0/. \ 1 a W --Th s 4 \ SASI9Z , aa�� ,q, 1i rr`°r.,‘st- •1 Lr _ } \,,,-- \ Qi,\, \_ ,,i_i---i-c:,,,- 1 , 1 5 `i.�� a AN ael./ laa 1 18 -- %; --I-1 \ .-:-\--19----j \ I,1 1 1331:I1S Z/Z -17Z 60-17 - all `8fS]J dVVV A1INIJIA 2IIS Item # 15 CESJB, LLC [Applicants & Property Owner] Conditional Use Permit (Short Term Rental) 409 24th Street February 10, 2021 RECOMMENDED FOR APPROVAL - CONSENT Mr. Weiner: Thank you, Ms. Coleman. The next order of business is the Consent Agenda and this will be handled by the Vice Chair, Commissioner Wall. Mr. Wall: Thank you, Mr. Chairman. These applications that are recommended for approval by Staff and the Planning Commission concurred, there are no speakers signed up in opposition. The Planning Commission places the following applications on the Consent Agenda. Agenda item number two, number three, number four, number five, number seven, number eight, and number nine. The Planning Commission also places the following applications for a Conditional Use Permit for Short-Term Rental on the Consent Agenda as they meet the applicable requirements for Section 241.2 of the Zoning Ordinance. Staff and the Planning Commission supports the applications and there are no speakers signed up in opposition, items 15, 17, and 18. Mr. Weiner: Thank you, Mr. Wall. Can we have a motion for those items, please? Mr. Wall: Mr. Chairman, I move that agenda item numbers 2, 3, 4, 5, 7, 8, 9, 15, 17, and 18 be approved by consent. Mr. Weiner: Thank you. Do we have a second? Mr. Horsley: Second. Mr. Weiner: Alright, we have a motion by Mr. Wall and a second by Mr. Horsley. We are ready for the vote. Mr. Tajan: Mr. Chair, just to clarify, I am sorry. For items number three and four, there are amended conditions that remove the requirement with this only go with the operator. So, we are clearing that up. Mr. Weiner: Okay. Ms. Coleman: If you are in favor of the motion, say, yes. And, if you are opposed say, no. Mr. Alcaraz. Mr. Alcaraz: Aye. Ms. Coleman: Mr. Barnes. Mr. Barnes: Aye. 1 Ms. Coleman: Mr. Coston. Mr. Coston: Aye. Ms. Coleman: Mr. Graham. Mr. Graham: Aye. Ms. Coleman: Mr. Horsley. Mr. Horsley: Aye. Ms. Coleman: Mr. Inman. Mr. Inman: Aye. Ms. Coleman: Ms. Klein. Ms. Klein: Aye. Ms. Coleman: Mr. Redmond. Mr. Redmond:Aye. Ms. Coleman: Ms. Oliver is absent. Vice Chair Wall. Mr. Wall: Aye. Ms. Coleman: And, Chairman Weiner. Mr. Weiner: Aye. Ms. Coleman: By recorded vote of 10 for and zero against agenda items 2, 3 with the removal of condition number four, 4 with the removal of condition number four, 5, 7, 8, 9, 15, 17, and 18, have been recommended for approval on the consent agenda. AYE 10 NAY 0 ABS 0 ABSENT 1 Alcaraz AYE Barnes AYE Coston AYE Graham AYE Horsley AYE Inman AYE Klein AYE Oliver ABSENT Redmond AYE Wall AYE Weiner AYE CONDITIONS 2 1. The following conditions shall only apply to the dwelling unit addressed as 409 24 '/z Street and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. A driveway apron meeting Public Works Specifications and Standards shall be installed along 24 'A Street within 90-days of City Council approval. As illustrated on the parking plan included in the Staff report, this apron shall be used for vehicle entry and exit onto the proposed 9-foot by 36-foot north/south oriented compacted gravel driveway. 4. As illustrated on the parking plan found in the Staff report, a planted hedgerow shall be installed within 90-days of City Council approval. All proposed plant species shall be submitted for review to the Zoning Administrator. Only those species approved by the Zoning Administrator shall be installed. 5. All compacted gravel on the east side of the subject lot, located between the dwelling and the eastern property line, shall be removed within 90-days of City Council approval. As illustrated in the parking plan included in the Staff report, this requirement does not include the proposed north/south oriented 9-foot by 36-foot compacted gravel driveway. 6. This Conditional Use Permit shall expire five (5)years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the 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. 7. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight(number of bedrooms times two (2))on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 8. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes. Physical response to the site of the Short Term Rental is not required. 9. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below. This information must be submitted to the 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 registration form; 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. 10. 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. 3 11. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 12. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 13. Accessory structures shall not be used or occupied as Short Term Rentals. 14. No signage shall be on-site, except one (1), four(4) square foot sign, may be posted on the building which identifies the Short Term Rental. 15. The Short Term Rental shall have no more than one (1) rental contract during any consecutive seven (7) day period. 16. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 17. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 18. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom. 19. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors, shall be installed in each Short Term Rental. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. 4 From: nko133033Ca aol.com To: branch.oliver(@gmail.com;dredmondvbocCa�icloud.com;dweinerftatchelder-brick.com; oalcarazvbocCaicloud.com; horslev don(evahoo.com;jckwa1kalaol.conl;iohnhcoston(gmail.com; mainman(a�inmanstrickler.com; rkleinvboc(aicloud.com;warahamvbocc icloud.com;William N.Miller Subject: STR#15 Date: Wednesday,February 3,2021 1:52:10 PM CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. Nancy K. Parker 513 23rd Street Virginia Beach, VA 23451 757.651 .4848 February 2, 2021 Ref: Short Term Rental 409 24 1/2 Street Dear Chair Weiner and Members of the Planning Commission: Once again you are asked to approve another short-term rental in a predominately residential setting. Even though three short-term rentals were approved June 2020 just north of this site by some of the same shareholders in CESJB, it still does not negate the fact short term rentals are business entities with compounding implications. These decisions need to be made from a macro as well as a micro basis as the impacts can be profound in the immediate area due to the absence of year-round neighbors and the potential for behavioral spill- overs. Commissioners George Alcaraz and Dee Oliver gave very compelling descriptions of these issues at your recent short-term rental workshop. There is nothing benign nor innocuous about these business ventures as they have lasting consequences. No one should have to make calls in the middle of the night to restore calm and a sense of civility and then have to wait for the "cavalry" to arrive. It is very easy for those that do not live in our affected neighborhoods to have a very different view of what constitutes quality-of-life when their tranquility is not impacted. It cannot be overstated, this area has undergone a long and arduous transformation over the past decades that encouraged year- round residential families to see these neighborhoods as worthy of their time, energy and commitment to make this their home. Each approval is another tear in the fabric of our community. Please protect our quality of life and our commitments to our communities which began years before the short-term rental invasion. Respectfully, Nancy K. Parker J. APPOINTMENTS 2040 VISION TO ACTION COMMUNITY COALITION AUDIT COMMITTEE BIKEWAYS AND TRAILS ADVISORY COMMITTEE CHESAPEAKE BAY PRESERVATION AREA BOARD CITIZENS REVIEW PANEL TASK FORCE CLEAN COMMUNITY COMMISSION COMMUNITY POLICY AND MANAGEMENT TEAM COMMUNITY SERVICES BOARD GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HUMAN RIGHTS COMMISSION IN HOUSE PHARMACY EXPLORATORY COMMITTEE INVESTIGATION REVIEW PANEL MINORITY BUSINESS COUNCIL OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PROCESS IMPROVEMENT STEERING COMMITTEE SOUTHEASTERN PUBLIC SERVICE AUTHORITY OF VIRGINIA TOWING ADVISORY BOARD TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE K. UNFINISHED BUSINESS L. NEW BUSINESS M. ADJOURNMENT *********************** OPEN DIALOGUE Non-Agenda Items Each Speaker will be allowed 3 minutes ********************************** *********************************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 **************************** The Agenda (including all backup documents) is available at https://www.vbgov.com/government/departments/city-clerk/city-council under the eDocs Document Archive. If you would like to receive by email a list of the agenda items for each Council meeting, please submit your request to pmcgraw@vbgov.com or call 385-4303. Citizens who wish to speak can sign up either in-person at the Convention Center or virtually via WebEx. Anyone wishing to participate virtually, must follow the two-step process provided below: 1. Register for the WebEx at: https://vbgov.webex.com/vbgov/onstage/g.php?MTID=e7709082b8d1 e6abe69097e88345 e2eda 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on May 4, 2021. 5/4/2021 jag CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:04/20/2021 PAGE: 1 B AGENDA E ITEM# SUBJECT MOTION VOTE R A L H W W B U E J R T I 0 BC DNOMOOL W 0 O C Y L NOUWS 0 T T HEE E S S E O O E T I R Y S S ERNDN CITY MANAGER'S BRIEFINGS ADD ON MASS VACCINATION UPDATE Patrick Duhaney,City Manager A. INTERIM FINANCIAL UPDATE Letitia Shelton,Director of Finance B. FY 2021-22 RESOURCE MANAGEMENT PLAN(Budget) 1. VIRGINIA BEACH CITY PUBLIC Dr.Aaron Spence, SCHOOLS Superintendent 2. VIRGINIA AQUARIUM Cynthia Whitbred- Spanoulis,Director 3. HUMAN SERVICES Aileen Smith,Director 4. RESORT MANAGEMENT Brian Solis,Acting Resort Administrator 5. PARKS AND RECREATION Michael Kirschman, Director C. FY 2021-22 CAPITAL IMPROVEMENT PROGRAM(CIP) 1. STORMWATER FLOOD CONTROL Toni Utterback, Stormwater Engineering Center Administrator OPERATIONS Mark Jones,Stormwater Manager REGULATORY Jim Milliken, Stormwater Engineer 2. BUILDINGS RESCHEDULED 3. ROADWAYS RESCHEDULED 4. PARKS AND RECREATION RESCHEDULED 5. ECONOMIC AND TOURISM RESCHEDULED DEVELOPMENT II/III/ CERTIFICATION OF CLOSED CERTIFIED 9-1 Y Y Y NY Y Y Y Y A Y IVN SESSION A-E F. MINUTES APPROVED 10-0 Y Y Y YYY Y Y Y AY 1. SPECIAL SESSION March 30,2021 CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:04/20/2021 PAGE: 2 B E AGENDA R ITEM# SUBJECT MOTION VOTE A L H W W B U E J R T I 0 BC DNOMOOL W 0 O C Y L NOUWS O T T HE EESS FOOE T I R Y S SE RNDN 2. MINUTES APPROVED 9-0 AY Y YYY Y Y Y AY INFORMAL AND FORMAL SESSIONS B APRIL 6,2021 S T A N E D G. MAYOR'S PRESENTATION 1. DAVID A.BRADLEY H. PUBLIC HEARINGS 1. ACQUISITION, BY AGREEMENT OR 1 SPEAKER CONDEMNATION Temporary and permanent easements re West Neck Road Phase IV Project,CIP#2- 088 2. MODIFY BOUNDARIES OF 1 SPEAKER NEIGHBORHOOD DREDGING SPECIAL SERVICE DISTRICT(SSD)re HURD'S COVE .I.I. Ordinance to MODIFY the boundary of ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Hurd's Cove Neighborhood Dredging CONSENT Special Service District(SSD)and AUTHORIZE the REFUND of SSD Levies J.2. Resolution to ESTABLISH a Citizens ADOPTED,AS 6-5 YNN NY Y Y YNNY Review Panel Task Force(Requested by AMENDED Council Member Wooten) J.3. Ordinance to AMEND City Code Sections ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y 35-144,35-166,and 35-192 re Statutory CONSENT Assessment Notices for the delivery of meals,transient occupancy,and Admissions Tax J.4. Resolution to AMEND the Cost ADOPTED,BY II-0 Y Y Y Y Y Y Y Y Y Y Y Allocation Agreement between the Cities CONSENT of Chesapeake,Hampton,Newport News, Norfolk,Portsmouth,Virginia Beach,and the Transportation District Commission of Hampton Roads J.S. Resolution to AUTHORIZE and ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y DIRECT the City Manager to EXECUTE CONSENT a Memorandum of Agreement(MOA)for the contribution of funds to the Department of the Army re Rudee Inlet Maintenance Dredging CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:04/20/2021 PAGE: 3 B AGENDA E ITEM# SUBJECT MOTION VOTE R A L B U E J R T I 0 B C DNOMOOL W O O C Y L NOUWS 0 T THE E E S S E O O E T I R Y S S ERNDN J.6. Resolution to APPROVE an Extension of ADOPTED,BY 9-2 N .Y Y YYN Y Y Y Y Y the Town Center Option Agreement and CONSENT RECOMMEND that the Virginia Beach Development Authority(VBDA) APPROVE the Extension J.7. Ordinance to AUTHORIZE temporary ADOPTED 10-1 Y Y Y YYN Y Y Y Y Y encroachments into a portion of City Property known as Sand Broad Inlet at 352 Tuna Lane located at the rear of 313 Ruddy Crescent re remove existing float and ramp, and construct and maintain a pier,open-sided roof, and boat lift(Deferred from April 6, 2021) J.8. Ordinance to AUTHORIZE temporary ADOPTED 10-1 Y Y Y YYN Y Y Y Y Y encroachments into a portion of City Property known as Bass Inlet located at the rear of 344 Back Bay Crescent re construct and maintain a proposed pier,boat lift,and jet ski floats(Deferred from April 6,2021) J.9. Ordinance to ESTABLISH two(2)Capital ADOPTED,AS 11-0 Y Y Y Y Y Y Y YYYY Projects and TRANSFER$1.87-Million AMENDED from the City Council Special Pandemic Relief and Vaccine Support Reserve re support police initiatives J.10. Ordinance to APPROPRIATE$4.6- ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Million from the Fund Balance of the CONSENT Subscriptions Internal Service Fund to the FY 2020-21 Information and Technology Operating Budget re costs associated with relocation and modernization of the City's data center and the establishment of an off-site data center K.1. GEORGE RANDOLPH WEBB,JR DEFERRED TO MAY 11-0 Y Y Y Y Y Y Y Y Y Y Y AND LELIA GRAHAM WEBB for a 4,2021 Street Closure re 25-foot by 125-foot portion of Holly Road adjacent to 401 49th Street DISTRICT 5—LYNNHAVEN K.2. DAM NECK STORAGE, LLC for a APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y Modification of Proffers re expand the MODIFIED/ office warehouse and a Conditional Use CONDITIONED,BY Permit re bulk storage yard at 1441 London CONSENT Bridge Road DISTRICT 3—ROSE HALL K.3 PRESMONT CONSTRUCTION APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y SERVICES,LLC/KS SHORE,LLC for CONDITONED,BY a Conditional Use Permit re automobile CONSENT service station at 4769 Shore Drive DISTRICT 4—BAYSIDE L. APPOINTMENTS RESCHEDULED BY CO N S E N S US 2040 VISION TO ACTION COMMUNITY COALITION AUDIT COMMITTEE BIKEWAYS AND TRAILS ADVISORY CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:04/20/2021 PAGE: 4 B AGENDA E ITEM# SUBJECT MOTION VOTE R A L B U E J R T I 0 B C D N OMO 0 L W 0 0 C Y L N 0 U W S 0 T T HE E E S S E O O E T I R Y S S E R NDN COMMITTEE CLEAN COMMUNITY COMMISSION COMMUNITY POLICY AND MANAGEMENT TEAM COMMUNITY SERVICES BOARD GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD IN HOUSE PHARMACY EXPLORATORY COMMITTEE INVESTIGATION REVIEW PANEL MINORITY BUSINESS COUNCIL OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PROCESS IMPROVEMENT STEERING COMMITTEE TOWING ADVISORY BOARD TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE M/N/ ADJOURNMENT 10:00 P.M. 0