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10-05-2021 FORMAL SESSION AGENDA CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL 1A.g MAYOR ROBERT M. "BOBBY"DYER,At Large ��4C'�N `"� ch VICE MAYOR ROSEMARY WILSON,At Large vim! MICHAEL F.BERLUCCHI,Rose Hall-District 3 p y BARBARA M.HENLEY,Princess Anne-District 7 N.D. "ROCKY"HOLCOMB,Kempsville-District 2 LOUIS R.JONES,Bayside-District 4 a, ' z` • +' JOHND.MOSS,At Large ~'*, .t` AARONR.ROUSE,At Large °' °o. GUYK.TOWER,Beach-District 6 SABRINA D.WOOTEN,Centerville-District I VACANT,Lynnhaven-District 5 CITY HALL BUILDING CITY COUNCIL APPOINTEES CITY COUNCIL AGENDA2401 COURTHOUSE DRIVE CITY MANAGER-PATRICK A.DUHANEY VIRGINL4 BEACH, VIRGINIA 23456-9005 CITY ATTORNEY-MARK D.STILES PHONE:(757)385-4303 CITY ASSESSOR-RONALD D.AGNORFAX(757)385-5669 CITY AUDITOR-LYNDONS.REMIAS October 05, I CITY CLERK-AMANDA BARNES E-MAIL:CITYCOUNCIL@vbgov.com MAYOR ROBERT M. "BOBBY" DYER PRESIDING I. CITY COUNCIL'S BRIEFINGS - City Council Chamber- 3:30 PM A. MAYOR'S IDEA COMMISSION Dr. Amelia Ross-Hammond B. FLOOD PROTECTION PROGRAM BOND REFERENDUM ANALYSIS 4:00 PM (ODU REPORT) Robert McNab, Professor—Economics II. CITY COUNCIL DISCUSSION/INITIATIVES 5:00 PM III. CITY COUNCIL LIAISON REPORTS IV. CITY COUNCIL COMMENTS V. CITY COUNCIL AGENDA REVIEW 5:15 PM VI. INFORMAL SESSION - City Council Chamber- 5:30 PM A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VII. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby"Dyer B. INVOCATION Reverend Kathleen"Kate"Morrisette Bobbitt, Galilee Episcopal Church 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 September 21, 2021 2. SPECIAL SESSION September 23, 2021 G. MAYOR'S PRESENTATION 1. RESOLUTION IN RECOGNITION a. James L. Wood H. PUBLIC COMMENT 1. CANDIDATES FOR CITY COUNCIL VACANCY—LYNNHAVEN a. Linwood O. Branch b. Holly T. Cuellar c. Carla V. Hesseltine d. Richard Maddox I. PUBLIC HEARINGS 1. APPROPRIATION OF FUNDS FROM THE AMERICAN RESCUE PLAN ACT (ARPA) 2. ACQUISITION, BY AGREEMENT OR CONDEMNATION a. Temporary and Permanent Easements re Thaila Creek Greenway Phase 3 Project, CIP #100415 (formerly CIP #4-079) b. Temporary and Permanent Easements necessary re Sandbridge Road- Nimmo Parkway Phase VII-A Project, CIP #100356 (formerly CIP #2-078) J. FORMAL SESSION AGENDA 1. CONSENT AGENDA K. ORDINANCES/RESOLUTIONS 1. Ordinance to ADD Chapter 35.5 of the City Code Section re Commercial Property Assessed Clean Energy (C-Pace) Financing and Resiliency Program (Requested by Vice Mayor Wilson, Council Members Berlucchi and Tower) 2. Ordinance to AMEND Section 2-5.1 of the City Code re to the members of the Historical Review Board with professional training or equivalent experience in certain related fields 3. Ordinance to AUTHORIZE the acquisition of property in fee simple for the construction of a City-Operated dredge transfer station re to serve the Eastern Branch Lynnhaven River Dredging Project, CIP#100152, either by agreement or condemnation 4. Ordinance to AUTHORIZE temporary encroachments into a portion of City right-of-way known as Marlin Lane, adjacent to 2477 Sandfiddler Road re retain and maintain fifteen(15) trees and four (4) bushes 5. Resolution to ADD Student Members to the Virginia Beach Clean Community Commission (Requested by Council Member Holcomb) 6. Resolution to PROVIDE for May 31 st Memorial Committee Membership and responsibilities 7. Ordinance to AUTHORIZE the City Manager to EXECUTE a Memorandum of Understanding (MOU) with Atlantis Preservation LP and ACCEPT and APPROPRIATE a $25,000 donation from Atlantis Preservation LP to the FY 2021-22 Parks and Recreation Operating Budget re to implement programming for residents of the Atlantis Apartment 8. Ordinance to AUTHORIZE a $200,000 Grant to the Hampton Roads Workforce Council re mental health worker recruitment and retention bonuses (Requested by Mayor Dyer, Vice Mayor Wilson, Council Members Berlucchi, Holcomb, and Wooten) 9. Ordinance to AWARD a $5,000 Community Service micro-grant to the Hispanic Resource Center of Coastal Virginia re to support the Hispanic Heritage Celebration (Requested by Council Member Berlucchi) 10. Ordinance to ACCEPT$42,709 from the Department of Criminal Justice Services to the FY 2021- 22 Human Services Operating Budget re Human Services Community Corrections and Pretrial Services Division L. PLANNING 1. LYNNHAVEN DIVE CENTER,LLC/BLUE WATER PROPERTIES,LLC&SLMD,LLC for a Conditional Use Permit re vocational school and a Variance to Section 4.4(b) of the Subdivision Regulations re lot width at 2204 Poplar Point Road & 1413 North Great Neck Road DISTRICT 5 —LYNNHAVEN RECOMMENDATION: APPROVAL 2. TVT I, LLC, D/B/A TOWER VENTURES C/O LOU KATZERMAN / PLEASANT VALLEY ASSOCIATES, LLC, for a Modification of Conditions re communication tower at 4221 Pleasant Valley Road DISTRICT 1 —CENTERVILLE RECOMMENDATION: APPROVAL 3. YVONNE LEE HYPES LUCAS & ESTHER DIANE SCHNEIDER, CO-EXECUTRIXES OF THE ESTATE OF VARENIA CRAIG HYPES RYAN for a Change of Zoning from B-1 Neighborhood Business District to R-5R Residential Resort District re single-family dwelling at 4504 Guam Street DISTRICT 4—BAYSIDE RECOMMENDATION APPROVAL 4. JENITA WHITE for a Conditional Use Permit re family day-care home at 1109 Malcoms Way DISTRICT 2—KEMPSVILLE RECOMMENDATION APPROVAL 5. Ordinances to AMEND City Zoning Ordinances (CZO): a. Section 602 re dimensional requirements in Apartment Districts b. Section 1306 re ADD assembly uses as Conditional Uses in Historic and Cultural Districts RECOMMENDATION APPROVAL M. APPOINTMENTS 2040 VISION TO ACTION COMMUNITY COALITION BEACHES AND WATERWAYS ADVISORY COMMISSION BIKEWAYS AND TRAILS ADVISORY COMMITTEE CLEAN COMMUNITY COMMISSION COMMUNITY ORGANIZATION GRANT(COG) REVIEW AND ALLOCATION COMMITTEE DEFERRED COMPENSATION BOARD GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HISTORICAL REVIEW BOARD HOUSING ADVISORY BOARD INVESTIGATION REVIEW PANEL MINORITY BUSINESS COUNCIL OCEANA LAND USE CONFORMITY COMMITTEE OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PROCESS IMPROVEMENT STEERING COMMITTEE PUBLIC LIBRARY BOARD RESORT ADVISORY COMMISSION SOCIAL SERVICES ADVISORY BOARD TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE URBAN AGRICULTURE ADVISORY COMMITTEE WETLANDS BOARD N. UNFINISHED BUSINESS O. NEW BUSINESS P. RECESS TO CLOSED SESSION Q. RECONVENE FORMAL SESSION A. CERTIFICATION OF CLOSED SESSION R. APPOINTMENT OF LYNNHAVEN DISTRICT CITY COUNCIL MEMBER S. 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 TChelius@vbgov.com or call 385-4303. Citizens who wish to speak can sign up either in-person or virtually via WebEx. Anyone wishing to participate virtually,must follow the two-step process provided below: 1. Register for the WebEx at: https://vbgov.webex.com/vbgov/onstage/g.php?MTID=e4e51 f2616a8546ab20a635c7dd27f6e0 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on October 5, 2021. MAYOR ROBERT M. "BOBBY" DYER PRESIDING I. CITY COUNCIL'S BRIEFINGS - City Council Chamber- 3:30 PM A. MAYOR'S IDEA COMMISSION Dr. Amelia Ross-Hammond B. FLOOD PROTECTION PROGRAM BOND REFERENDUM ANALYSIS 4:00 PM (ODU REPORT) Robert McNab, Professor—Economics II. CITY COUNCIL DISCUSSION/INITIATIVES 5:00 PM III. CITY COUNCIL LIAISON REPORTS IV. CITY COUNCIL COMMENTS V. CITY COUNCIL AGENDA REVIEW 5:15 PM VI. INFORMAL SESSION - City Council Chamber- 5:30 PM A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VII. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby"Dyer B. INVOCATION Reverend Kathleen"Kate"Morrisette Bobbitt, Galilee Episcopal Church 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 September 21, 2021 2. SPECIAL SESSION September 23, 2021 G. MAYOR'S PRESENTATION 1. RESOLUTION IN RECOGNITION a. James L. Wood H. PUBLIC COMMENT 1. CANDIDATES FOR CITY COUNCIL VACANCY—LYNNHAVEN a. Linwood O. Branch b. Holly T. Cuellar c. Carla V. Hesseltine d. Richard Maddox I. PUBLIC HEARINGS 1. APPROPRIATION OF FUNDS FROM THE AMERICAN RESCUE PLAN ACT (ARPA) 2. ACQUISITION, BY AGREEMENT OR CONDEMNATION a. Temporary and Permanent Easements re Thaila Creek Greenway Phase 3 Project, CIP #100415 (formerly CIP #4-079) b. Temporary and Permanent Easements necessary re Sandbridge Road- Nimmo Parkway Phase VII-A Project, CIP #100356 (formerly CIP #2-078) r362 �� PUBLIC HEARING Appropriation of Funds from the American Rescue Plan Act On Tuesday,October 5,2021,at 6:00 p.m. in the City Council Chamber on the second floor of the City Hall Building. 2401 Courthouse Drive,Virginia Beach,Virginia, the Virginia Beach City Council will hold a Public Hearing on a proposed amendment to its Operating Budget that exceeds 1%. This amendment is to appropriate $136,429,703 from federal funds allocated to the City from the United States Treasury from sums enacted by Congress in the American Rescue Plan Act. The proposed use of these funds includes repair projects for stormwater,parks and recreation, and HVAC in City facilities; pandemic related economic support and assistance for residents,businesses,non- profits,and impacted industries;the City's cost share for participation in the Southside Network Authority's regional broadband ring;technology needs for the Department of Human Services and within Virginia Beach Libraries; aid for the preservation and construction of affordable housing; and the other consideration of needs related to the COVID-19 pandemic. The public hearing will be held In-person and virtually, and virtual participation shall be by the method prescribed below. Detailed information as to the proposed use of American Rescue Plan Act funds can be found on the City's website at htic� ':v.WV,vbgov.com/govemmenvdeL ertments/budget-office-manaaement services/budget- b rch Ives/Pages/def a u lt.asox If you wish to make comments virtually during the public hearing,please follow the two-step process provided below: • Register for the WebEx at: .. • Register with the City Clerk's Office by calling(757)385 4303 prior to 5:00 p.m. on October 5,2021 If you are physically disabled or visually impaired and need assistance at this meeting,please call 385-4303. Hearing impaired,TDD-711. All interested parties are invited to participate. Amanda Barnes City Clerk Beacon:Sunday,September 26,2021 .16; r - `atyt\ c.% •_.. eat if ax an° PUBLIC HEARING ACOUISITION,BY AGREEMENT OR CONDEMNATION The Virginia Beach City Council will hold a PUBLIC HEARING on Tuesday October 5, 2021 at 6:00 p.m.,in the Council Chamber of the City Hall Building(Building#1)at the Virginia Beach Municipal Center,Virginia Beach, Virginia, for the proposed acquisition, by agreement or condemnation, of temporary and permanent easements necessary for the Thalia Creek Greenway Phase 3 Project, CIP 100415 (formerly CIP 4-079). The purpose of this hearing will be to obtain public input regarding authorizing condemnation, if necessary, for the Project. If you wish to make comments virtually during the public hearing,please follow the two-step process provided below: 1. Register for the WebEx at httos://vbaov.webex.com/vbaovio nstaee/g oh o?M TI D=e4e51f2616a 8546ab20a635c7dd27f6e0 2. Register with the City Cleric's Office by calling 757-385-4303 prior to 5:00 p.m.on October 5,2021. It you are physically disabled or visually Impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 757385.4303; Hearing Impaired, call 711 (Virginia Relay - Telephone Device for the Deaf). Any questions concerning this hearing should be directed to the Office Real Estate,Building#23,2473 North Landing Road, at the Virginia Beach Municipal Center,(757)385.4161. All interested parties are invited to participate. Amanda Barnes City Clerk Beacon: September 26,2021 u-i .el ....,,iiN...„ 7_.,,,5„, ,i, ,,t,i, 4 PUBLIC NOTICE ACQUISITION.BY AGREEMENT OR CONDEMNATION The Virginia Beach City Council will hold a PUBLIC HEARING on Tuesday,October 5, 2021 in the Council Chamber of the City Hall Building(Building#1)at the Virginia Beach Municipal Center, Virginia Beach, Virginia on the proposed acquisition, by agreement or condemnation,of property in fee simple and temporary and permanent easements necessary for the Sandbridge Road-Nimmo Parkway Phase Vtl-A Project, CIP 100356 (formerly CIP 2-078). The purpose of this hearing will be to obtain public input regarding authorizing condemnation, if necessary, for this project. 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 httus://vbgov.webex.coi n/vbgov/Q nstage/E,oho?M TI D=e4e51f2616a 8b46ab20a635c7dd27f6eQ 0 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m.on October 5,2021. If you are physically disabled or visually Impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303; Hearing Impaired, call 1$O0828-1120 (Virginia Relay - Telephone Device for the Deaf). Any questions concerning this hearing should be directed to the Office of Real Estate, Building #23, 2473 N. Landing Road, at the Virginia Beach Municipal Center,(757)385-4161. All interested parties are invited to participate. Amanda Barnes City Clerk Beacon: September 26,2021 I - Nu Lk., it t, 4 yvyv CITY OF VIRGINIA BEACH AGENDA ITEM 1 ITEM: An Ordinance to authorize acquisition of temporary and permanent easements for the Thalia Creek Greenway Phase 3 Project, 100415 (formerly CIP 4-079), either by agreement or condemnation. PUBLIC HEARING DATE: October 5, 2021 MEETING DATE: October 19, 2021 • Background: The Thalia Creek Greenway Phase 3 Project (the "Project") is for the improvement of a 1 ,500 linear foot shared-use path. The Project includes construction of boardwalk and trail facilities starting on Bonney Road at a City-owned parcel and continuing north to South Independence Boulevard. The City has completed earlier phases of the path between Constitution Drive and Bonney Road. The Project, together with earlier phases, is a unique initiative to develop an urban greenway that provides access to natural open space while also providing an alternative transportation route in the Town Center area. The Project first appeared in FY 2012-13 as part of a 3- phase project and has been partially funded with grant money. • Considerations: The Project requires permanent public access easements, temporary construction easements, and the relocation of an existing drainage easement. The proposed easements are primarily situated near Thalia Creek and are in areas that are not developable due to environmental conditions; however, one acquisition will involve a temporary construction easement across an existing parking lot drive aisle. No businesses will be displaced by these acquisitions and care will be exercised to minimize any disruption. Authority is requested to acquire the necessary easements by agreement or condemnation. • Public Information: A portion of funding for the Project came from a TAP grant that required a City Council Resolution of Support, which occurred on October 21, 2014. A Public Notice concerning the Project was advertised on March 17, 2019 and March 24, 2019. One response was received, and City staff met with the individual on May 14, 2019. An advertised public hearing will be held on October 5, 2021 , and public notice will be provided via the normal City Council agenda process. • Alternatives: Deny the ordinance, which would delay the Project. • Recommendations: Approval. • Attachments: Ordinance and Location Map Recommended Action: Approval Submitting Department/Agency: Public Works/Real Estate City Manager: 1 AN ORDINANCE TO AUTHORIZE 2 ACQUISITION OF TEMPORARY AND 3 PERMANENT EASEMENTS FOR THE THALIA 4 CREEK GREENWAY PHASE 3 PROJECT, CIP 5 100415 (formerly CIP 4-079), BY AGREEMENT 6 OR CONDEMNATION 7 8 WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a 9 public necessity exists for the construction of this important public project to extend the 10 Thalia Creek Greenway, a multi-modal public boardwalk and path; to provide safer 11 alternative transportation options within the City; to improve public access to Thalia Creek's 12 natural areas; to improve bikeways and trails connectivity; and for related public purposes 13 for the preservation of the safety, health, peace, good order, comfort, convenience, and for 14 the welfare of the people in the City of Virginia Beach. 15 16 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 17 VIRGINIA BEACH, VIRGINIA: 18 19 Section 1. That the City Council authorizes the acquisition by purchase or 20 condemnation pursuant to Sections 15.2-1901, et seg. and Title 25.1 of the Code of 21 Virginia of 1950, as amended, of all those certain temporary and permanent easements 22 (the "Easements"), as shown on the plans entitled"THALIA CREEK GREENWAY PHASE 23 3" (the "Project"), and more specifically described on the acquisition plats for the Project 24 (plats and plans collectively referred to as the "Plans"), the Plans being on file in the Parks 25 and Recreation Administration Building, 2154 Landstown Rd., City of Virginia Beach, 26 Virginia 23456. 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 Easements. If refused, the City 31 Attorney is hereby authorized to institute, prosecute and settle or resolve proceedings to 32 condemn said Easements. 33 34 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 35 , 2021. CA15384 PREPARED: 9/23/21 R-1 \\vbg ov.com\dfs l\applications\city law\cycom32\wpd ocs\d014\p039\00733796.doc APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY 3.44, SIGNAT RE CITY TT RNEY V DEPARTMENT J 1T / n WF RGIMABEACF l\N I ill S 2 •-4-1 Si J J p 1...-...\ �� \° ��9 W I C__ �_____,, fY 1 D I Q ( m C ` > 7 r ''..-- )\, — / NINA DR Z ----- - __ 1 FERDINAND CIR CARAPACE DR O� E i I, GP �r r ,. I _ ` 1-- 0' 71 I -„ ----7 () E___1____ ,, , / '>' , , I I f4\\\ u., i ,,,------V-7,--.' \ (Pt.., \ / Z / w 1 \-'"\ -'• \% \ / a gi \ �o w J \ 0 I \ \ Legend OM Proposed Trail with easements for public LOCATION MAP access and temporary construction THALIA CREEK GREENWAY 1111111111 Temporary Construction Easement for 5''. PHASE III CIP 4-079 construction access "'6� Feet City Property 0 100 200 400 Prepared by P W./Eng/Eng Support Services Bureau 09/22/21 X\CADD\Projects\ARC Files\AGENDA MAPS\Thalia Creek Greenway\ C , � uk-i�tr:1Cr,L. l ,E l,::Kv!- CITY OF VIRGINIA BEACH \ AGENDA ITEM J ITEM: An Ordinance to authorize acquisition of property in fee simple for the Sandbridge Road - Nimmo Parkway Phase VII-A Project, CIP 100356 (formerly CIP 2-078), VDOT UPC 113196, and the acquisition of temporary and permanent easements, either by agreement or condemnation. PUBLIC HEARING DATE: October 5, 2021 MEETING DATE: October 19, 2021 • Background: Sandbridge Road is the only public road in and out of the Sandbridge area of Virginia Beach. It is a narrow, low-lying, 2-lane road, with no shoulder. Ditches line the travel lanes, and the road has several curves. Any obstruction to the roadway, such as a disabled vehicle or stormwater ponding, causes traffic to be disrupted for miles, making it difficult for emergency vehicles to access Sandbridge. At times, Sandbridge Road traffic is impaired to such a degree that the City must seek permission from the United States Navy to use the Oceana/Dam Neck Annex roads to allow traffic to move out of Sandbridge. The Sandbridge Road — Nimmo Parkway Phase VII-A Project (the "Project") is for the improvement of a 1.1 mile portion of Sandbridge Road ending at Sandpiper Road. The goal for the Project is to improve both safety and resiliency. The Project will improve safety by replacing the existing Sandbridge Road with a straightened, 2-lane, undivided roadway. The new road will have 8 feet of shoulder (4' pavement and 4' soft shoulder) to provide a recovery area to allow disabled vehicles to pull out of the travel lanes. It will have a shared-use path and on-road bike lanes within a 160-foot-wide right-of-way, to allow bicyclists and pedestrians to travel together, without lane conflicts. The Project includes raising the roadway elevation to account for 3 feet of sea level rise and improvements to the storm drainage system, which together will reduce the number of days Sandbridge Road is obstructed by ponding stormwater. The Project will also install new LED street lighting and new water lines. The Project first appeared in the FY 2014- 15 CIP. • Considerations: The Project will require property and easements from 10 privately owned parcels. No people or businesses will be displaced by the Project. Authority is requested to acquire the necessary property and easements (temporary and permanent) by agreement or condemnation. • Public Information: A Citizen's Information meeting was held on December 10, 2015. A Citizen's Information Meeting for the Nimmo Parkway Corridor was held on September 26, 2018. An advertised public hearing will be held on October 5, 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, Location Map Recommended Action: Approval Submitting Department/Agency: Public Works/Engineering City Manager: 1 AN ORDINANCE TO AUTHORIZE 2 ACQUISITION OF PROPERTY IN FEE SIMPLE 3 FOR RIGHT-OF-WAY FOR THE SANDBRIDGE 4 ROAD — NIMMO PARKWAY PHASE VII-A s PROJECT, CIP 100356 (formerly CIP 2-078), 6 AND THE ACQUISITION OF TEMPORARY 7 AND PERMANENT EASEMENTS, BY 8 AGREEMENT OR CONDEMNATION 9 10 WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a ii 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 "SANDBRIDGE ROAD — NIMMO PARKWAY PHASE VII-A" (the "Project"), 24 and more specifically described on the acquisition plats for the Project (plats and plans 25 collectively referred to as the "Plans"), the Plans being on file in the Engineering Division, 26 Department of Public 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-15394 PREPARED: 9/7/21 R-1 c:\users\ccva ug han\a ppdata\local\microsoft\windows\inetcache\content.outlook\wy5jmmu7\00742995.doc APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY !tit h / IG IATU CITY ATTORNEY ?IV Rea,' E 34d e. DEPARTMENT ir' U — •s : , #..„ 4, ,,,-8:16 - , ' "„ •' i '7,' IR 1. *'.4• 4 I. . , .4 4. 4 1 v . , * ,.„ %Oil( la..- , 14..., 4* ... .• "I ...t7•olk.. :,.... ... •., .. .1.1. ...,. •IV e' 't'' 'I 17t4t- . ' j 1` . 7. ,f ‘ . 'n t- i '..' 4. 4,j06., In. 47. IIPA t: . .. a / 't ' '''4 . t 0 If " -,..' ., ' "„1, ''.' -,- ' .ff ,-,',..• "..* -', `-,,.'. -..." ,N7,,,f• , ;.*::-•1., ' s -,:tri!"'` ' —4.'•, 0- - C.) i` *. +.‘I'l 4-% .•‘..... . ( a) < .•, . . . .,.. tat fl < Av.., ,•„....-... .„-c-.4 rs, . 4111111°1 _ . - ,, ., .,• , - - •.. " 0- ; -' • • CI- 5 —, ...,2,-. cc , E v) ,.. , • ea Z , 0 a. I= >,, - c < as . , . 0 -4g ...I 03 „. 0. 0 .. •- °4- E .1 ' .. , .. -'-•', .,. ,: " E z . co li .. . . o ce co - - • - --- - -- -.. 73 •-l L. .0 C ; , 'h-..=_. • ' - cti (I) , ' '- 1 . .:711141.:' „•,, u.i R.i 1-- j ...„. ik" w :i..- o a -,' , • .... ,... , _ , .. . . CL x s g.- w u. .0 0 0 , . : 0 0 -,.. „..._ , .. ,, .... .,. . :-„,_ .. ,„ w < LL ' .f. C':111C a ' P-.. CU I— C.) LLI '', cl—. * . 0) 0 OW ' Z :.—D- 'I' Z —I U) : Cip—i. J. FORMAL SESSION AGENDA 1. CONSENT AGENDA K. ORDINANCES/RESOLUTIONS 1. Ordinance to ADD Chapter 35.5 of the City Code Section re Commercial Property Assessed Clean Energy (C-Pace) Financing and Resiliency Program (Requested by Vice Mayor Wilson, Council Members Berlucchi and Tower) 2. Ordinance to AMEND Section 2-5.1 of the City Code re to the members of the Historical Review Board with professional training or equivalent experience in certain related fields 3. Ordinance to AUTHORIZE the acquisition of property in fee simple for the construction of a City-Operated dredge transfer station re to serve the Eastern Branch Lynnhaven River Dredging Project, CIP#100152, either by agreement or condemnation 4. Ordinance to AUTHORIZE temporary encroachments into a portion of City right-of-way known as Marlin Lane, adjacent to 2477 Sandfiddler Road re retain and maintain fifteen (15) trees and four (4) bushes 5. Resolution to ADD Student Members to the Virginia Beach Clean Community Commission (Requested by Council Member Holcomb) 6. Resolution to PROVIDE for May 31 St Memorial Committee Membership and responsibilities 7. Ordinance to AUTHORIZE the City Manager to EXECUTE a Memorandum of Understanding (MOU) with Atlantis Preservation LP and ACCEPT and APPROPRIATE a $25,000 donation from Atlantis Preservation LP to the FY 2021-22 Parks and Recreation Operating Budget re to implement programming for residents of the Atlantis Apartment 8. Ordinance to AUTHORIZE a $200,000 Grant to the Hampton Roads Workforce Council re mental health worker recruitment and retention bonuses (Requested by Mayor Dyer, Vice Mayor Wilson, Council Members Berlucchi, Holcomb, and Wooten) 9. Ordinance to AWARD a $5,000 Community Service micro-grant to the Hispanic Resource Center of Coastal Virginia re to support the Hispanic Heritage Celebration (Requested by Council Member Berlucchi) 10. Ordinance to ACCEPT$42,709 from the Department of Criminal Justice Services to the FY 2021- 22 Human Services Operating Budget re Human Services Community Corrections and Pretrial Services Division yL' 6.G '7 .s CITY OF VIRGINIA BEACH AGENDA ITEM I ITEM: An Ordinance Adding Chapter 35.5 of the City Code Pertaining to Commercial Property Assessed Clean Energy (C-Pace) Financing and Resiliency Program MEETING DATE: October 5, 2021 ■ Background: The General Assembly has authorized localities to undertake a Commercial Property Assessed Clean Energy (C-PACE) Program. C-PACE offers a financing option for commercial property owners and new construction developers to fund clean energy systems, resiliency improvements, and stormwater management improvements. By leveraging a voluntary assessment lien against participating properties, C-PACE financing is generally less expensive than commercial loans. A C- PACE program may be structured to utilize only private capital, and all billing and collection for C-PACE loans may be undertaken by a third party administrator. In May 2020, the City Council directed the City Manager study the feasibility and desirability of implementation of C-PACE in Virginia Beach. Initially, the staff intended to utilize the program developed by the Virginia Department of Mines, Minerals, and Energy (DMME), but because of delays in the DMME program, the staff pivoted to a cooperative opportunity using a contract from Loudoun County. • Considerations: The attached ordinance is based on a model C-PACE ordinance promulgated and implemented in approximately ten other Virginia localities. The ordinance conforms with the 2021 legislative updates to the C-PACE enabling legislation. If adopted, the staff will pursue finalization of the cooperative agreement with the same vendor engaged by Loudoun County to act as program administrator. Once under contract, the program administrator with create a program guide, which will incorporate best practices and lessons learned by other Virginia C-PACE programs. • Public Information: Public information will be provided through the normal Council agenda process. A public hearing for this item was held on September 21 , 2021 , and prior to that hearing two notices were published in the BEACON on September 5 and 12. • Attachments: Ordinance; Ordinance Exhibit; Va. Code § 15.2-958.3 REQUESTED BY VICE MAYOR WILSON AND COUNCILMEMBERS BERLUCCHI AND TOWER REQUESTED BY VICE MAYOR WILSON AND COUNCILMEMBERS BERLUCCHI AND TOWER 1 AN ORDINANCE TO ADD CHAPTER 35.5 OF 2 THE CITY CODE PERTAINING TO 3 COMMERCIAL PROPERTY ASSESSED CLEAN 4 ENERGY (C-PACE) FINANCING AND 5 RESILIENCY PROGRAM 6 7 Sections Added: §§ 35.5-1 through 35.5-8 8 9 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 10 VIRGINIA: 11 12 That Chapter 35.5 is hereby added to the Code of the City of Virginia Beach and 13 ordained to read as follows: 14 15 CHAPTER 35.5 - COMMERCIAL PROPERTY ASSESSED CLEAN ENERGY (C-PACE) 16 FINANCING AND RESILIENCY PROGRAM 17 18 Article I. - In General 19 20 Sec. 35.5-1. Purpose. 21 22 The purpose of this Chapter is to create a "The City of Virginia Beach Commercial 23 Property Assessed Clean Energy (C-PACE) Financing Program," in accordance with the 24 Commonwealth of Virginia's Clean Energy Financing Law, Va. Code § 15.2-958.3 25 (hereinafter the "C-PACE Act"). The C-PACE Program will facilitate loans made by Capital 26 Providers to Borrowers to finance renewable energy production and distribution facilities, 27 energy efficiency improvements, water usage efficiency, resiliency and stormwater 28 management improvements. The C-PACE Program shall include types of authorized 29 improvements enacted by the General Assembly after the date of adoption of this 30 ordinance provided such types of authorized improvements are included in the C-PACE 31 Act. Subject to the limitations set forth in this Chapter, the C-PACE Act, or other 32 applicable law, each C-PACE Loan, inclusive of principal, interest, and any financed fees, 33 costs, or expenses, will be secured by a voluntary special assessment lien on the property 34 that is the subject of such Loan. 35 36 Sec. 35.5-2. — Definitions. 37 38 Borrower means (i) the owner(s) of Eligible Property who voluntarily obtain(s) a C- 39 PACE Loan from a Capital Provider in accordance with the Program Guide; or (ii) a 40 successor in title to the Borrower. 41 42 Borrower Certification means a notarized certificate from Borrower, certifying that 43 (i) Borrower is current on payments on loans secured by a mortgage or deed of trust lien 44 on the Property and on Real Estate Tax payments, (ii) that the Borrower is not insolvent 45 or in bankruptcy proceedings, and (iii) that the title of the Property is not in dispute, as 46 evidenced by a title report or title insurance commitment from a title insurance company 47 acceptable to Program Administrator and Capital Provider. 48 49 Capital Provider means (i) a private lending institution that has been approved by 50 the Program Administrator in accordance with the Program Guide to originate a C-PACE 51 Loan and its successors and assigns; or (ii) the current holder of a C-PACE Loan. 52 53 City means the City of Virginia Beach, Virginia. 54 55 Commonwealth means the "Commonwealth of Virginia." 56 57 Council means the City Council of the City of Virginia Beach, Virginia. 58 59 C-PACE means Commercial Property Assessed Clean Energy. 60 61 C-PACE Act means Virginia's "financing clean energy programs" law, § 15.2-958.3 62 of the Va. Code. 63 64 C-PACE Amendment means an amendment of the C-PACE Lien executed by 65 Capital Provider without consent from Borrower, as permitted in the C-PACE Documents, 66 which C-PACE Amendment shall be recorded in the Clerk's Office to evidence each 67 amendment to the C-PACE Loan. 68 69 C-PACE Assignment means a written assignment of the C-PACE Payments and/or 70 C-PACE Lien pursuant to the terms of the assignment document. 71 72 C-PACE Documents means the C-PACE Program Agreement, Financing 73 Agreement, C-PACE Lien Certificate, C-PACE Note, C-PACE Assignment (if any), C- 74 PACE Amendment (if any), and any other document, agreement, or instrument executed 75 in connection with a C-PACE Loan. 76 77 C-PACE Lien or Lien means the voluntary special assessment lien levied against 78 the Property as security for the C-PACE Loan. 79 80 C-PACE Lien Certificate means the voluntary special assessment lien document 81 duly recorded among the Land Records against an Eligible Property to secure a C-PACE 82 Loan. 83 84 C-PACE Loan or Loan means a loan from a Capital Provider to a Borrower to 85 finance a Project, in accordance with the Program Guide. 86 87 C-PACE Note means a promissory note executed by Borrower made payable to 88 Capital Provider in the original principal amount of the C-PACE Loan, including without 89 limitation, any and all modifications, restructurings, extensions, consolidations, 90 amendments and/or assignments thereof, a form of which C-PACE Note is attached to 91 the C-PACE Program Agreement. 92 93 C-PACE Payment means the periodic installment payments of the C-PACE Loan 94 by a Borrower, due and payable to the City or Capital Provider as permitted by the C- 95 PACE Act in such amounts and at such times as described in the C-PACE Documents. 96 97 C-PACE Program or Program means the program established by the City through 98 this Chapter, in accordance with the C-PACE Act, that facilitates the financing of Eligible 99 Improvements and provides for a C-PACE Lien to be levied and recorded against the 100 Property to secure the C-PACE Loan. 101 102 C-PACE Program Agreement means the Agreement executed between the 103 Borrower, City, and Capital Provider, and their respective successors and assigns, which 104 includes the terms and conditions for participation in the C-PACE Program; the 105 Borrower's acknowledgment and consent for the City to impose a voluntary special 106 assessment and record a C-PACE Lien Certificate against the Borrower's Eligible 107 Property; and a summary of the terms of the C-PACE Loan. A copy of the draft C-PACE 108 Program Agreement is included herein as Appendix A-1. 109 110 Clerk's Office means the Clerk of the Circuit Court's Office of the City of Virginia 111 Beach, Virginia. 112 113 Delinquent Payment means any C-PACE Payment that was not paid by a Borrower 114 in accordance with the C-PACE Documents. 115 116 Eligible Improvement means the initial acquisition and installation of clean energy, 117 energy efficiency, water efficiency, resiliency or stormwater management improvements 118 for both existing properties and new construction, as further prescribed in this Chapter 119 and the Program Guide. The Eligible Improvements shall include types of authorized 120 improvements enacted by the General Assembly after the date of adoption of this 121 ordinance provided such types of authorized improvements are included in the C-PACE 122 Act. 123 124 Eligible Property or Property means real property located within the City, with all 125 buildings located or to be located thereon whether vacant or occupied, improved or 126 unimproved, and regardless of whether such real estate is currently subject to taxation by 127 the City, excluding i) a residential dwelling with fewer than five (5) units, and (ii) a 128 residential condominium as defined in Va. Code § 55.1-2100. 129 130 Financing Agreement means the written agreement, as may be amended, 131 modified, or supplemented from time to time, between a Borrower and a Capital Provider, 132 regarding matters related to the extension and repayment of a C-PACE Loan to finance 133 Eligible Improvements. 134 135 Land Records means the land records of the Clerk of the City of Virginia Beach 136 Circuit Court. 137 138 Lender Consent means a written subordination agreement executed by each 139 mortgage or deed of trust lienholder with a lien on the Property that is the subject of a C- 140 PACE Loan, which allows the C-PACE Lien to have senior priority over the mortgage or 141 deed of trust liens. 142 143 Loan Amount means the aggregate amount of a C-PACE Loan, inclusive of 144 principal, interest, and any financed fees, costs, and/or expenses, as provided for in the 145 C-PACE Documents. 146 147 Program means the City C-PACE financing program established to provide C- 148 PACE Loans to Borrowers in accordance with the C-PACE Act, this Chapter, the C-PACE 149 Documents, and the Program Guide. 150 151 Program Administrator means the person or entity retained by the City to 152 administer the Program in accordance with the requirements of the C-PACE Act, this 153 Chapter, and the Program Guide. 154 155 Program Fee(s) means the fee(s) authorized by the C-PACE Act and charged to 156 participating Borrowers to cover the costs to design and administer the Program, 157 including, without limitation, compensation of the Program Administrator and recovery of 158 expenses incurred by the City. 159 160 Program Guide means a comprehensive document setting forth the procedures, 161 eligibility rules, restrictions, Program Fee(s), responsibilities, and other requirements 162 applicable to the governance and administration of the Program. 163 164 Program Manager means the City Manager or such person designated in writing 165 by the City Manager to supervise the Program and act as liaison with the Program 166 Administrator. 167 168 Project means the construction or installation of Eligible Improvements on Eligible 169 Property. 170 171 Stabilized Value means the market value of the Property after it reaches stabilized 172 occupancy as evidenced by an appraisal of the Property. 173 174 Stabilized Occupancy means the occupancy level that an income producing 175 Property is expected to achieve after the Property is exposed to the market for lease over 176 a reasonable period of time and at comparable terms and conditions to other similar 177 properties. 178 179 Useful Life means the normal operating life of the fixed asset as determined by 180 Generally Accepted Accounting Principles (GAAP). 181 182 Va. Code means the Code of Virginia of 1950, as amended. 183 184 Sec. 35.5-3. - Effective date. 185 186 This Chapter shall become effective immediately following its adoption. 187 188 ARTICLE II. - PROGRAM STRUCTURE 189 190 Sec. 35.5-4. - C-PACE Program; Eligible Improvements. 191 192 (a) C-Pace Program. The C-PACE Program shall be available throughout the City of 193 Virginia Beach, provided that the Borrower, the Property, and the proposed Eligible 194 Improvements all qualify for the Program. The following types of Eligible 195 Improvements may be financed with a C-PACE Loan: 196 197 (1) Renewable energy production and distribution facilities (e.g., solar 198 photovoltaic, solar thermal, wind, wave and/or tidal energy, and the storage 199 and/or distribution of the energy produced thereby); 200 201 (2) Energy usage efficiency systems (e.g., high efficiency lighting and building 202 systems, heating, ventilation, and air conditioning (HVAC) upgrades, air 203 duct sealing, high efficiency hot water heating systems, building shell or 204 envelope improvements, reflective roof, cool roof, or green roof systems, 205 and/or weather-stripping); 206 207 (3) Water usage efficiency improvements (e.g., recovery, purification, recycling, 208 and other forms of water conservation); 209 210 (4) Resiliency improvements may include mitigation of flooding or the impacts 211 of flooding or stormwater management improvements with a preference for 212 natural or nature-based features and living shorelines as defined in Va. 213 Code § 28.2-104.1. 214 215 (5) Construction, renovation, or retrofitting of a Property directly related to the 216 accomplishment of any purpose listed in subsections (1), (2), (3) or (4) 217 above, whether such Eligible Improvement was erected or installed in or on 218 a building or on the ground; it being the express intention of the City to allow 219 Eligible Improvements that constitute, or are a part of, the construction of a 220 new structure or building to be financed with a C-PACE Loan; or, 221 222 (6) Any other category of improvement approved by the Program Administrator 223 with the consent of the Program Manager as qualifying for financing under 224 the C-PACE Act and the Program including amendments to the C-PACE Act 225 authorizing additional Eligible Improvements. 226 227 (b) Use of C-PACE Loan Proceeds. The proceeds of a C-PACE Loan may be used to 228 pay for the construction, development, and consulting costs directly related to 229 Eligible Improvements, including without limitation, the cost of labor, materials, 230 machinery, equipment, plans, specifications, due diligence studies, consulting 231 services (e.g., engineering, energy, financial, and legal), Program Fees, C-PACE 232 Loan fees, capitalized interest, interest reserves, and C-PACE transaction 233 underwriting and closing costs. 234 235 (c) Program Applications; Prioritization. The Program Administrator will develop a 236 Program application process that allows for the review and approval of proposed 237 Eligible Improvements and C-PACE Documents. Program applications will be 238 processed on a first come, first serve basis; provided, however, that the applicant 239 meets eligibility requirements as set forth in the Program Guide. 240 241 Sec. 35.5-5. - C-PACE Loan Requirements; Program Fees; Reporting; Program 242 Administrator; Program Guide. 243 244 ) Source of Loans. C-PACE Loans shall be originated by Capital Providers. The City 245 and/or its respective governmental entities shall have no obligation to originate or 246 guarantee any C-PACE Loans. 247 248 ) C-PACE Loan Amount Thresholds. The minimum Loan Amount that may be 249 financed for each Project is fifty thousand dollars ($50,000). There is no maximum 250 aggregate amount that may be financed with respect to an Eligible Property. There 251 shall be no limit on the total value of all C-PACE Loans issued under the Program. 252 253 C-PACE Loan Refinancing or Reimbursement. The Program Administrator may 254 approve a loan application submitted within two years of the City's issuance of a 255 certificate of occupancy or other evidence that the Eligible Improvements comply 256 substantially with the plans and specifications previously approved by the City of 257 Virginia Beach and that such loan may refinance or reimburse the Borrower for the 258 total costs of such Eligible Improvements. 259 260 L C-PACE Loan Interest. The interest rate of a C-PACE Loan shall be as set forth in 261 the C-PACE Documents. 262 263 ) C-PACE Loan Term or "Term". The term of a C-PACE Loan shall not exceed the 264 weighted average Useful Life of the Project Improvements or thirty (30) years, 265 whichever is less. 266 267 (f Apportionment of Costs. All of the costs incidental to the financing, administration, 268 collection, and/or enforcement of the C-PACE Loan shall be borne by the 269 Borrower. 270 271 Financing Agreements. Capital Providers may use their own Financing 272 Agreements for C-PACE Loans, but the Financing Agreement may not conflict with 273 the provisions of this Chapter, the C-PACE Act, or the C-PACE Program 274 Agreement. To the extent of any conflict, this Chapter, the C-PACE Act, and the 275 C-PACE Program Agreement shall prevail. 276 277 ) C-PACE Program Agreement. In order to participate in the C-PACE Program, 278 Borrower and Capital Provider shall enter into a C-PACE Program Agreement with 279 the City, which sets forth certain terms and conditions for participation in the City's 280 C-PACE Program. The Program Manager is authorized to execute C-PACE 281 Documents on behalf of the City. This Agreement shall be binding upon the parties 282 and their respective successors and assigns until the C-PACE Loan is paid in full. 283 The C-PACE Program Agreement may be modified as necessary to further the 284 Program's purpose and to encourage Program participation, including such 285 additions, deletions, or alterations as may be approved by the Program Manager 286 and City Attorney, so long as such modifications do not conflict with the Program 287 Guide, this Chapter, or the C-PACE Act. 288 289 0 Repayment of C-PACE Loan; Collection of C-PACE Payments. C-PACE Loans 290 will be repaid by the Borrower through C-PACE Payments made in the amounts 291 and at such times as set forth in the C-PACE Documents and Program Guide. The 292 Capital Provider shall be responsible, subject to and in accordance with the terms 293 of the C-PACE Program Agreement and other C-PACE Documents, for the 294 servicing of the C-PACE Loans and the collection of C-PACE Payments. In the 295 alternative, C-PACE Loans may be serviced by the Program Administrator. 296 Nothing herein shall prevent the Capital Provider from directly billing and collecting 297 the C-PACE Payments from the Borrower to the extent permitted by the C-PACE 298 Act or other applicable law. 299 300 0 C-PACE Loan Assumed. The Borrower shall assume the obligation to repay all 301 remaining unpaid C-PACE Payments, whether it obtained ownership of the 302 Property voluntarily or involuntarily, which are due upon acquisition of the 303 Property, if any, and which accrue during Borrower's period of ownership. Only 304 the current C-PACE Payment and any Delinquent Payments, together with any 305 costs of collection, shall be payable at the settlement of a Property upon sale or 306 transfer, unless otherwise agreed to by the Capital Provider. 307 308 ) Transfer of C-PACE Loans. C-PACE Loans may be transferred, assigned, or sold 309 by a Capital Provider to another Capital Provider at any time until the C-PACE 310 Loan is paid in full provided that Capital Provider shall (i) notify the Borrower and 311 Program Administrator prior to the billing date of the next C-PACE Payment due, 312 (ii) record a C-PACE Loan Assignment among the Land Records, and (iii) deliver 313 a copy of the recorded C-PACE Assignment to the Borrower, City, and Program 314 Administrator as set forth in the C-PACE Program Agreement and Program Guide. 315 Recordation of the C-PACE Assignment shall constitute an assumption by the new 316 Capital Provider of the rights and obligations of the original Capital Provider 317 contained in the C-PACE Documents. 318 319 fi) Program Fees. The Program will be self-financed through Program Fees charged 320 to participating Borrowers. The Program Fees are established to cover the actual 321 and reasonable costs to design and administer the Program, including the 322 compensation of a third-party Program Administrator. Program Fees will be 323 assessed as a percentage fee of the C-PACE Loan paid at closing. The amount(s) 324 of the Program Fees shall be set forth in the Program Guide. Program Fees may 325 be changed by the Program Manager from time to time and shall only apply to C- 326 PACE Loans executed after the date the revised Fees are adopted. 327 328 (m) Notification of Proposed Loan and Closing. The Program Guide will set forth the 329 C-PACE Loan notification requirements and Loan closing process. 330 331 in) Reporting. The City may require the Capital Provider and/or the Program 332 Administrator to provide a written report with summary information regarding the C- 333 PACE Loan Program, the portfolio performance of participating Capital Providers, 334 or other Program statistics as required in the Program Guide. 335 336 c) Program Administrator. In accordance with the cooperative procurement 337 provisions included in the Virginia Public Procurement Act, Va. Code §§ 2.2-4300, 338 et seq., the City may engage, to operate the City's Program, a Program 339 Administrator which has contracted to operate a C-PACE program for another 340 Virginia jurisdiction pursuant to a procurement process which allowed other 341 Virginia jurisdictions to cooperatively procure a Program Administrator thereunder. 342 Alternatively, the City may competitively procure a Program Administrator by 343 issuing a Request for Proposal for a Program Administrator. In either event, the 344 City may authorize other Virginia jurisdictions to cooperatively procure the services 345 of the City's Program Administrator. Program Administrator shall indemnify, defend 346 and hold the City harmless against any claim brought against the City or any 347 liability imposed on the City as a result of any action or omission to act by Program 348 Administrator in a jurisdiction to which its program administration agreement with 349 the City was extended under such joint and cooperative procurement. 350 351 (p) Program Guide. The Program Guide shall be developed by the Program 352 Administrator under the direction of and in consultation with the Program Manager. 353 The Program Guide and any subsequent amendments thereto shall become 354 effective only(i)to the extent that the Program Guide and such amendments do not 355 contravene this Chapter or the C-PACE Act, and (ii) after review by the City 356 Attorney and written approval by Program Manager. The Program Guide will be 357 designed to create an open, competitive, and efficient Program. The Program 358 Administrator may modify the Program Guide from time to time subject to the 359 approval of the Program Manager and in accordance with the intent and purpose 360 of the C-PACE Program as approved by the City Council. 361 362 Sec. 35.5-6. - Levy of assessment; recordation; priority; amendment; enforcement 363 and collection costs. 364 365 g Levy of Voluntary Special Assessment Lien. Beginning on the effective date of this 366 Chapter and for each C-PACE Loan made under the Program, the City shall levy 367 a voluntary special assessment (C-PACE Lien) against each Property benefitting 368 from Eligible Improvements financed with C-PACE Loans in an amount equal to 369 the C-PACE Loan, upon recordation of the C-PACE Lien Certificate in the Clerk's 370 Office. The C-PACE Lien shall be evidenced by the recordation of a C-PACE 371 Certificate in the Clerk's Office. 372 373 fib) Recordation of C-PACE Lien Certificate. Each C-PACE Loan shall be secured by 374 a C-PACE Lien as evidenced by the recordation of the C-PACE Lien Certificate 375 among the Land Records. The Program Manager, on behalf of the City, is hereby 376 authorized to execute the C-PACE Lien Certificate prior to recordation. Upon 377 complete execution of the C-PACE Documents and funding of the C-PACE Loan, 378 Capital Provider or the Program Administrator shall record the C-PACE Certificate 379 in the Clerk's Office. 380 381 (c) Priority. The C-PACE Lien shall have the same priority as a real property tax lien 382 against real property, except that it shall have priority over any previously recorded 383 mortgage or deed of trust lien only if prior to the recording of the C-PACE Lien, i) 384 Borrower has obtained a written subordination agreement, in a form and 385 substance acceptable to each prior lienholder in its sole and exclusive discretion, 386 executed by the holder of each mortgage or deed of trust lien on the Property and 387 recorded with the C-PACE Lien in the Land Records; and ii) prior to the recording 388 of the C-PACE Lien, Borrower has delivered an executed Borrower Certification 389 to the City in connection with the C-PACE Loan closing. Only the current C-PACE 390 Payment and any Delinquent Payments shall constitute a first lien on the Property. 391 The C-PACE Lien shall run with the land and that portion of the C-PACE Lien 392 under the C-PACE Program Agreement that has not yet become due shall not be 393 eliminated by foreclosure of a real property tax lien. 394 395 Ld) Amendment of Lien. Upon written request by a Capital Provider in accordance with 396 the Program Guide, the Program Manager may execute an amendment of the C- 397 PACE Lien after the closing of a C-PACE Loan. The Amendment will be recorded 398 in the Land Records. 399 400 Le) Enforcement and Collection Costs. In the event of Borrower's default under the 401 terms of the C-PACE Documents, the City shall enforce the C-PACE Lien for the 402 amount of the Delinquent C-PACE Payments, penalties, interest, and any costs of 403 collection in the same manner that a property tax lien against real property may 404 be enforced. In the alternative, the City may assign the C-PACE Lien to the Capital 405 Provider by executing a C-PACE Lien Assignment and recording the Assignment 406 in the Land Records. Upon such assignment, the Capital Provider may enforce 407 the C-PACE Lien according to the terms of the C-PACE Documents. All collection 408 and enforcement costs, expenses, interest, and penalties incurred by the City or 409 Capital Provider, as applicable and consistent with the C-PACE Act, shall (i) be 410 added to the Delinquent Payments being collected, (ii) become part of the 411 aggregate amount sued for and collected, (iii) be added to the C-PACE Loan, and 412 (iv) be secured by the C-PACE Lien. Nothing herein shall prevent the Capital 413 Provider from enforcing the C-PACE Lien to the fullest extent permitted by the C- 414 PACE Documents, the C-PACE Act, or general law. 415 416 Sec. 35.5-7. -. Role of the City; limitation of liability 417 418 Borrowers and Capital Providers participate in the Program at their own risk. By 419 executing the C-PACE Documents including the C-PACE Program Agreement, or by 420 otherwise participating in the Program, the Borrower, Capital Provider, contractor, or 421 other party or participant acknowledge and agree, for the benefit of the City and as a 422 condition of participation in the Program, that: (i)the City undertakes no obligations under 423 the Program except as expressly stated herein or in the C-PACE Program Agreement; 424 (ii) in the event of a default by a Borrower, the City has no obligation to use City funds to 425 make C-PACE Payments to any Capital Provider including, without limitation, any fees, 426 expenses, and other charges and penalties, pursuant to a Financing Agreement between 427 the Borrower and Capital Provider; (iii) no C-PACE Loan, C-PACE Payment, C-PACE 428 Lien, or other obligation arising from any C-PACE Document, the C-PACE Act, or this 429 Chapter shall be backed by the credit of the City, the Commonwealth, or its political 430 subdivisions, including, without limitation, City taxes or other City funds; (iv) no C-PACE 431 Loan, C-PACE Payment, C-PACE Lien or other obligation arising from any C-PACE 432 Document, the C-PACE Act, or this Chapter shall constitute an indebtedness of the City 433 within the meaning of any constitutional or statutory debt limitation or restriction; (v) the 434 City has not made any representations or warranties, financial or otherwise, concerning 435 a Borrower, Eligible Property, Project, Capital Provider, or C-PACE Loan; (vi) the City 436 makes no representation or warranty as to, and assumes no responsibility with respect 437 to, the accuracy or completeness of any C-PACE Document, or any Assignment or 438 amendment thereof; (vii) the City assumes no responsibility or liability in regard to any 439 Project, or the planning, construction, or operation thereof; (viii) each Borrower or Capital 440 Provider shall, upon request, provide the City with any information associated with a 441 Project or a C-PACE Loan that is reasonably necessary to confirm that the Project or C- 442 PACE Loan satisfies the requirements of the Program Guide; and (ix) each Borrower, 443 Capital Provider, or other participant under the Program, shall comply with all applicable 444 requirements of the Program Guide. 445 446 Sec. 35.5-8. — Severability. 447 448 As provided by $ 1-13 of the City Code of the City of Virginia Beach, the provisions 449 of this Chapter are severable. If a court of competent jurisdiction determines that a word, 450 phrase, clause, sentence, paragraph, subsection, section, or other provision is invalid, or 451 that the application of any part of the Chapter or provision to any person or circumstance 452 is invalid, the remaining provisions of this Chapter shall not be affected by that decision 453 and continue in full force and effect. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2021. APPROVED AS TO LEGAL SUFFICIENCY: y o y's Office CA15507 R-1 September 9, 2021 APPENDIX A-1, C-PACE PROGRAM AGREEMENT THIS C-PACE PROGRAM AGREEMENT (the "Agreement") is made and entered into as of the date it is fully executed (the "Effective Date"), by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a political subdivision of the Commonwealth of Virginia (the "City"), (the "Borrower), and (the "Capital Provider"), and their respective successors and assigns (collectively, the "parties"). RECITALS WHEREAS, Virginia's "financing clean energy programs" law, § 15.2-958.3 of the Code of Virginia of 1950, as amended (the "Act") authorizes Virginia localities to adopt a Commercial Property Assessed Clean Energy ("C-PACE") Program (the "Program"); and WHEREAS, the City's C-PACE Program facilitates C-PACE Loans provided by Capital Providers for renewable energy production and distribution facilities; energy usage efficiency systems, water usage efficiency systems, and other similar improvements as authorized by the Act and the Program; and WHEREAS, each C-PACE Loan is secured by a voluntary special assessment lien (the "C-PACE Lien") authorized and given voluntarily by the Borrower to the City to ensure repayment of the C-PACE Loan; and WHEREAS, pursuant to Chapter 35.5 of the City Code (the "Ordinance") and the Act, the City, Borrower, and Capital Provider are required to enter into a written agreement specifying the terms and conditions for participating in the City's C-PACE Program; NOW THEREFORE, for and in consideration of the mutual covenants and agreements set forth herein and in order to effectuate the purposes of the Act and Ordinance, the parties agree as follows: Section 1 - Definitions. Unless otherwise defined herein, capitalized terms in this Agreement shall have the same meanings as set forth in the Ordinance. Section 2 - Representations. (a) Borrower is the legal and record owner of the Eligible Property more particularly described in Exhibit A (the "Property"). (b) Borrower applied to participate in the City's C-PACE Program and desires to obtain a C-PACE Loan to install certain Eligible Improvements ("Project" or "Project Improvements") on the Property. (c) Borrower has or will enter into a Financing Agreement with the Capital Provider that sets forth the terms of the C-PACE Loan. A summary of the terms of the C-PACE Loan, including an Assessment Payment Schedule, are set forth in Exhibit B ("Loan Terms"). Borrower and Capital Provider acknowledge and agree that the Financing Agreement may include only those costs and fees for which a C-PACE Lien may be imposed under the Act and Ordinance. (d) The parties acknowledge and agree that should Borrower default on the C-PACE Loan, the City will enforce the C-PACE Lien for the benefit of Capital Provider according to the Loan Documents, the Act, and Ordinance. In the alternative, the City may assign the C-PACE Lien to the Capital Provider for enforcement according to the terms of the Loan Documents. (e) Borrower and Capital Provider confirm that they have obtained Subordination Agreements for each deed of trust or mortgage lien against the Property. Section 3 - Program Terms and Conditions. The parties agree as follows: (a) C-PACE Loan. Capital Provider will provide financing for the Project in accordance with the C-PACE Loan Documents. The Loan Terms are summarized in Exhibit B. (b) Program Fee(s): Borrower agrees to pay Program Fee(s) in the amount of $ as follows: (c) Imposition of C-PACE Lien. In consideration for the C-PACE Loan provided to Borrower under the Program, Borrower hereby requests and authorizes City to levy a C- PACE Lien against the Property in the Loan Amount set forth in the Loan Terms (Exhibit B). As evidence of the C-PACE Lien, Borrower requests that the City execute a C-PACE Lien Certificate that will be recorded in the Land Records of the City. (d) Loan Payments. The C-PACE Loan is due and payable to the Capital Provider or City for the benefit of the Capital Provider as set forth in the Loan Terms (Exhibit B) and remitted as follows: . Program Fee(s) shall be deducted from Loan proceeds at funding or from Loan Payments in accordance with the Loan Documents and Program Guide. Upon notice from the Program Administrator or Capital Provider that all amounts owing have been paid in full, the City will execute a release of the C-PACE Lien. Thereafter, the Program Administrator or Capital Provider will record the release. (e) City's Remittance of Loan Payments to Capital Provider: The City will remit all payments to the Capital Provider within thirty (30) days of receipt, subject to Program Fees as set forth in the Loan Documents, as follows: (f) Maintenance of Assessment. The City agrees to maintain and continue the C-PACE Lien on the Property for the benefit of Capital Provider until the C-PACE Loan, including all interest, fees, penalties, costs, and other sums due, is paid in full. (g) Assignment. Capital Provider shall have the right to assign the C-PACE Loan and C-PACE Lien to a successor Capital Provider, provided all of the following conditions are met: (1) The assignment or transfer is made pursuant to the requirements of the Ordinance and Program Guide; (2) The Program Administrator and Borrower are notified in writing of the assignment or transfer and provided the address where future Loan Payments should be mailed at least 30 days before the next Payment is due according to the Assessment Payment Schedule; and (3) The assignee or transferee, by operation of the Assignment or otherwise, assumes Capital Provider's obligations under the Loan Documents. Upon written notice to the Program Administrator and Borrower of an assignment or transfer of the right to receive the Loan Payments that meets all of these conditions, the assignor shall be released of all of the obligations of the Capital Provider under the Loan Documents accruing after the date of the assignment. Any attempt to assign or transfer the C-PACE Loan or C-PACE Lien that does not meet all of these conditions is void. (4) The City shall not be obligated to remit C-PACE Loan Payments to a new Capital Provider assuming the C-PACE Loan until a recorded copy of the Assignment has been provided to the City at the following address: (h) Lien Priority and Enforcement. Pursuant to Act, Ordinance, and Program Guide: (1) Delinquent Installments of the C-PACE Loan will incur interest and penalties as set forth in the Loan Documents. (2) The C-PACE Lien, together with any penalties and interest thereon: (i) has the same priority status as a lien for City real estate taxes; (ii) has superior lien status to all subordinated liens against the Property from the date on which the C-PACE Lien Certificate is filed in the Land Records of the City until the financing secured by the C-PACE Lien and any penalties and interest are paid in full; (iii) shall run with the land, and any portion of the C-PACE Lien that has not yet become due under the Loan Documents is not eliminated by foreclosure of: (i) a City property tax lien, or (ii) the lien for any past due portion of the C-PACE Loan. (iv) In the event of a sale or transfer of the Property by Borrower, the obligation for the C-PACE Lien and Borrower's obligations under the Loan Documents will be transferred to the succeeding owner. (3) In the event of a default by Borrower for failing to make the Loan Payments called for by the Loan Documents and upon written request by the Capital Provider, the City will enforce the C-PACE Lien in the same manner as a property tax lien against real property may be enforced by a City in Virginia as set forth in Title 58.1, Chapters 32 and 39 of the Code of Virginia. Capital Provider agrees to cooperate with City in its enforcement of the C-PACE Lien by providing all necessary documents and information concerning the delinquent C-PACE Loan as requested by the City Attorney's Office or the special assistant appointed pursuant to City Code 35-38 to effectuate a tax sale. (4) In a suit to collect Delinquent Payments, the City will be entitled to recover the Delinquent Payments, penalties, and interest due, and the costs and expenses of collection, including attorney's fees, all as set forth in the Loan Documents. (i) Borrower's Waiver of Certain Defenses: Confession of Judgment: By executing this Agreement, Borrower acknowledges and agrees as follows: (1) After the C-PACE Lien Certificate is recorded, Borrower waives the right to contest the Lien on the basis that the Project Improvements are not Eligible Improvements as such terms are defined herein and in the Ordinance; (2) Borrower waives all defenses, affirmative or otherwise, to a foreclosure action brought as a result of Borrower's default for failing to pay the Loan Payments due pursuant to the Loan Documents; (3) To the extent permitted by the Financing Agreement, Borrower waives all defenses to the imposition of personal liability for corporate officers as permitted under section 58.1-3965(F) of the Code of Virginia; (4) Borrower shall provide a confession of judgment if requested by the Capital Provider. (j) Written Contract Required by the Act and Ordinance. This C-PACE Program Agreement constitutes the written contract specifying the terms and conditions for C- PACE Program participation as required by § 15.2-968.3(A)(7) of the Act. (k) Transfer of Project Improvements. Borrower agrees that all Project Improvements purchased, constructed, and/or installed through financing obtained pursuant to the C- PACE Program shall be permanently affixed to the Property and will transfer with the Property to the transferee in the event of a sale or assignment of the Property. (I) No Cost to City. No provision of this Agreement requires the City to expend or risk its own funds or otherwise incur any financial liability in the performance of any of its duties hereunder. (m) Term of the Aqreement. The term of this Agreement shall commence upon the Effective Date and shall be in full force and effect until the C-PACE Loan has been paid in full. Section 4 - Indemnification. Without limiting any other obligation or liability of the Borrower, or any right or remedy of the Capital Provider or City, Borrower agrees to indemnify and hold harmless the Capital Provider and City, their directors, officers, employees, agents, subsidiaries, and affiliates (each, an "Indemnified Party"), from and against all damages, losses, settlement payments, obligations, liabilities, claims, suits, penalties, assessments, citations, directives, demands, judgments, actions or causes of action, whether created by statute or common law, including all costs and expenses, including attorneys' fees, arising from or associated with this C-PACE Loan transaction. This section shall survive the expiration of the Term of this Agreement. Section 5 - Miscellaneous Provisions. (a) Construction and Definitions. This Agreement is to be construed in accordance with and with reference to the Act, Ordinance, and Program Guide. Capitalized terms used herein shall have the same meanings ascribed to them in the Ordinance. (b) Further Assurances. Borrower further covenants and agrees to do, execute, and deliver, or cause to be done, executed, and delivered all such further acts for implementing the intention of this Agreement as may be reasonably necessary or required. (c) Severability. If the C-PACE Act, the Ordinance, and/or any clause, provision, or section of this Agreement, is challenged and held by a court of competent jurisdiction to be unenforceable by the City or Capital Provider, Borrower agrees to continue to make the Loan Payments required under the Loan Documents and agrees to execute any and all documentation to perfect and enforce the C-PACE Loan as required by the City or Capital Provider. The invalidity of any clause, provision, or section of this Agreement shall not affect any remaining clauses, provisions, or sections of this Agreement, and this Agreement will be construed and enforced as if the illegal or invalid clause, provision, or section had not been included herein. (d) Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, and all of which together shall constitute but one and the same instrument. (e) Notices. All notices, requests, consents and other communications shall be in writing and shall be delivered, mailed by first class mail, postage prepaid, or overnight delivery service, to the parties, as follows: If to the City: [Address] If to the Borrower: [Address] If to the Capital Provider: [Address] (f) Amendment and Waivers. Except as otherwise set forth in this Agreement, any amendment to or waiver of any provision of this Agreement must be in writing and mutually agreed by the parties. (g) Applicable Law and Venue. This Agreement and its provisions shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia. In any action, in equity or at law, with respect to the enforcement or interpretation of this Agreement, venue shall be in a court of competent jurisdiction for the City of Virginia Beach, Virginia. (h) Successors and Assigns. This Agreement is binding upon and made for the benefit of Borrower, Capital Provider, and City and their respective successors and permitted assigns. (i) Entire Agreement. This instrument constitutes the entire agreement between the parties and supersedes all previous discussions, understandings and agreements between the parties relating to the subject matter of this Agreement. (j) Headings. The headings in this Agreement are solely for convenience, do not constitute a part of this Agreement and do not affect its meaning or construction. IN WITNESS WHEREOF, the City, Borrower, and Capital Provider have each caused this Agreement to be executed on the date(s) entered below: CITY OF VIRGINIA BEACH, VIRGINIA BORROWER: By: By: Name/Title: Name/Title: Date: Date: APPROVED AS TO FORM: CAPITAL PROVIDER: By: By: Name/Title: Name/Title: Date: Date: § 15.2-958.3. Financing clean energy, resiliency, and stormwater management programs. A. Any locality may,by ordinance, authorize contracts to provide loans for the initial acquisition and installation of clean energy,resiliency,or stormwater management improvements with free and willing property owners of both existing properties and new construction,provided, however, that such loans may not be used to improve a residential dwelling with fewer than five dwelling units or a residential condominium as defined in § 55.1-2000. Such an ordinance shall include the following: 1. The kinds of renewable energy production and distribution facilities, energy usage efficiency improvements,resiliency improvements,water usage efficiency improvements, or stormwater management improvements for which loans may be offered. Resiliency improvements may include mitigation of flooding or the impacts of flooding or stormwater management improvements with a preference for natural or nature-based features and living shorelines as defined in § 28.2-104.1; 2. The proposed arrangement for such loan program, including(i) a statement concerning the source of funding that will be used to pay for work performed pursuant to the contracts; (ii)the time period during which contracting property owners would repay the loan; and(iii)the method of apportioning all or any portion of the costs incidental to financing, administration, and collection of the arrangement among the consenting property owners and the locality; 3. (i)A minimum dollar amount that may be financed with respect to a property, (ii)if a locality or other public body is originating the loans, a maximum aggregate dollar amount that may be financed with respect to loans originated by the locality or other public body, and(iii)provisions that the loan program may approve a loan application submitted within two years of the locality's issuance of a certificate of occupancy or other evidence that the clean energy,resiliency, or stormwater management improvements comply substantially with the plans and specifications previously approved by the locality and that such loan may refinance or reimburse the property owner for the total costs of such improvements; 4. In the case of a loan program described in clause(ii) of subdivision 3, a method for setting requests from property owners for financing in priority order in the event that requests appear likely to exceed the authorization amount of the loan program. Priority shall be given to those requests from property owners who meet established income or assessed property value eligibility requirements; 5. Identification of a local official authorized to enter into contracts on behalf of the locality. A locality may contract with a third party for professional services to administer such loan program; 6. Identification of any fee that the locality intends to impose on the property owner requesting to participate in the loan program to offset the cost of administering the loan program. The fee may be assessed as a program fee paid by the property owner requesting to participate in the program; and 7. A draft contract specifying the terms and conditions proposed by the locality. B. The locality may combine the loan payments required by the contracts with billings for water or sewer charges,real property tax assessments,or other billings; in such cases,the locality may establish the order in which loan payments will be applied to the different charges. The locality may not combine its billings for loan payments required by a contract authorized pursuant to this section with billings of another locality or political subdivision, including an authority operating pursuant to Chapter 51 (§ 15.2-5100 et seq.),unless such locality or political subdivision has given its consent by duly adopted resolution or ordinance. C. The locality shall offer private lending institutions the opportunity to participate in local loan programs established pursuant to this section. D. In order to secure the loan authorized pursuant to this section,the locality shall place a voluntary special assessment lien equal in value to the loan against any property where such clean energy systems,resiliency improvements, or stormwater management improvements are being installed. The locality may bundle or package said loans for transfer to private lenders in such a manner that would allow the voluntary special assessment liens to remain in full force to secure the loans. The placement of a voluntary special assessment lien shall not require a new assessment on the value of the real property that is being improved under the loan program. E. A voluntary special assessment lien on real property: 1. Shall have the same priority status as a property tax lien against real property, except that such voluntary special assessment lien shall have priority over any previously recorded mortgage or deed of trust lien only if(i) a written subordination agreement, in a form and substance acceptable to each prior lienholder in its sole and exclusive discretion, is executed by the holder of each mortgage or deed of trust lien on the property and recorded with the special assessment lien in the land records where the property is located, and(ii) evidence that the property owner is current on payments on loans secured by a mortgage or deed of trust lien on the property and on property tax payments,that the property owner is not insolvent or in bankruptcy proceedings, and that the title of the benefited property is not in dispute is submitted to the locality prior to recording of the special assessment lien; 2. Shall run with the land, and that portion of the assessment under the assessment contract that has not yet become due is not eliminated by foreclosure of a property tax lien; 3. May be enforceable by the local government in the same manner that a property tax lien against real property may be enforced by the local government. A local government shall be entitled to recover costs and expenses, including attorney fees, in a suit to collect a delinquent installment of an assessment in the same manner as in a suit to collect a delinquent property tax; and 4. May incur interest and penalties for delinquent installments of the assessment in the same manner as delinquent property taxes. F. Prior to the enactment of an ordinance pursuant to this section, a public hearing shall be held at which interested persons may object to or inquire about the proposed loan program or any of its particulars. The public hearing shall be advertised once a week for two successive weeks in a newspaper of general circulation in the locality. G. The Department of Mines, Minerals and Energy shall serve as a statewide sponsor for a clean energy financing program that meets the requirements of this section. The Department of Mines, Minerals and Energy shall engage a private entity through a competitive selection process to develop and administer the program. 2009, c. 773; 2010, c. 141; 2015, cc. 389, 427; 2019, cc. 564, 753; 2020, c. 664; 2021, c. 6. c roizipi7., re,s,„, ,. fsi CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to Amend Section 2-5.1 of the City Code Pertaining to the Members of the Historical Review Board with Professional Training or Equivalent Experience in Certain Related Fields MEETING DATE: October 5, 2021 • Background: In 2016, the City of Virginia Beach became a designated Certified Local Government (CLG), a joint program between the State and Federal governments to assists communities with local preservation efforts. The CLG agreement with the Virginia Department of Historic Resources requires certain actions by the City. One of these actions is to increase the professional participation on the Historic Review Board, increasing the professionals from two (2) to three (3). The second amendment is to require the chair to notify the clerk about vacancies so that positions do not remain vacant. • Considerations: The amendments referenced above will help the City become more compliant with the CLG agreement with the State. • Public Information: Public information will be provided through the normal Council agenda process. • Recommendations: To approve the Ordinance attached. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Planning and Community Development City Managerself 1 AN ORDINANCE TO AMEND SECTION 2-5.1 2 OF THE CITY CODE PERTAINING TO THE 3 MEMBERS OF THE HISTORICAL REVIEW 4 BOARD WITH PROFESSIONAL TRAINING 5 OR EQUIVALENT EXPERIENCE IN CERTAIN 6 RELATED FIELDS 7 8 SECTION AMENDED: § 2-5.1 9 10 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 11 BEACH, VIRGINIA: 12 13 That Section 2-5.1 of the Code of the City of Virginia Beach, Virginia, is hereby 14 amended and reordained to read as follows: 15 16 Sec. 2-5.1. Historical review board. 17 18 (a) Duties. The duties of the historical review board shall be as set forth in section 1303 19 of the city zoning ordinance, and such other and further duties as the city council 20 may from time to time prescribe. 21 22 (b) Membership; qualifications; term. The historical review board shall consist of eight 23 (8) members or such other number as the city council may determine, and 24 members shall be appointed for terms of three (3) years. At least two three 25 members shall have professional training or equivalent experience in architecture, 26 history, American studies, architectural history, archaeology, or planning, and at 27 least one (1) of these two (2) three (3) members shall be a registered architect or 28 architectural historian. All members shall have a demonstrated interest or 29 competence in, or knowledge of, historic preservation by virtue of any one (1) or 30 more of the following: 31 32 (1) A college or graduate degree in a preservation-related field; 33 34 (2) Activity in specific preservation projects; 35 36 (3) Membership in a local historic preservation organization or on a board of a 37 historic property; 38 39 (4) Membership in the National Trust for Historic Preservation; 40 41 (5) Having renovated and lived in a historic building, attended at least one 42 preservation-related conference or workshop; or 43 44 (6) Having served at least one (1) term on a local historical review board or 45 architectural review board at the time of appointment or reappointment. 46 47 (c) Chairman. The chairman of the Historical Review Board shall notify the city clerk of 48 the expiration of members' terms of office, ninety (90) days prior to the term 49 expiration to provide City Council appropriate time to fill any vacancy. 50 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: qA)\(;- &1%0\1 — Planning Dep rtment City Attorney's Office CA15508 R-3 September 24, 2021 ' CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize acquisition of property in fee simple for the construction of a City-operated dredge transfer station to serve the Eastern Branch Lynnhaven River Dredging Project (CIP 100152) either by agreement or condemnation PUBLIC HEARING: September 21, 2021 MEETING DATE: October 5, 2021 Background: The Eastern Branch Lynnhaven River Dredging Project (CIP 100152) (the "Project") will require land and improvements to construct a permanent dredged materials transfer site. The City has ongoing responsibilities for maintenance dredging of the Eastern Branch of the Lynnhaven River. The City also provides support for federal operations to maintain Canal No. 2, among other municipal projects. The Project restores the channel to a depth that allows the safe passage of commercial and recreational watercraft. Dredging and maintenance operations are vital to the City to preserve safe navigation and for flood control. However, operations have been stymied by the inability to identify a suitable site for dredged materials to be transferred from the water to trucks for ultimate disposition in an appropriate location. A dredged materials transfer site must be navigable for dredge equipment and barges and ideally have commercial street access for tandem axle dump trucks to haul the dredged materials. A site meeting the requirements for a transfer station has now been identified at 2540 Virginia Beach Boulevard (GPINs: 1497-75-2263-0000, 1497-75-2263-2540, and 1497- 75-2263-2541), which would be acquired in its entirety. The site is developed with a two-unit condominium office building that is currently vacant. This site's location would minimize the offloading and truck traffic impacts to nearby commercial and residential communities due to the proximity of the water's edge to Virginia Beach Boulevard. General operational conditions involving job site safety, cleanliness, permitting, performance, noise, roadway traffic, pollution, and notices to the surrounding communities will be implemented. Considerations: The last significant dredging of the Eastern Branch of the Lynnhaven River was completed in 1991. A 2004 survey of the channel revealed some areas already beginning to shoal. Based on the rate of shoaling, it is evident that the channel will require significant ongoing maintenance. The acquisition of a permanent transfer site will allow the City to operate frequent dredging cycles to maintain the channels. Channel dimensions to be maintained are approximately five (5) miles in length and sixty (60) feet in width. ▪ Funding: The acquisition will be funded by CIP 100152 (Eastern Branch Lynnhaven River Dredging Project). ■ Public Information: A public hearing held on September 21, 2021, and public notice provided via the normal City Council agenda process. a Alternatives: Deny the request, which will delay the Project while an alternative site is located. ▪ Recommendations: Approve the Ordinance. a Attachments: Ordinance and Location Map Recommended Action: Approval Submitting Department/Agency: Public Works City Manager: 00 1 AN ORDINANCE TO AUTHORIZE 2 ACQUISITION OF PROPERTY IN FEE SIMPLE 3 FOR THE CONSTRUCTION OF A CITY- 4 OPERATED DREDGE TRANSFER STATION s TO SERVE THE EASTERN BRANCH 6 LYNNHAVEN RIVER DREDGING PROJECT 7 (CIP 100152) EITHER 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 to establish a Dredged Material Transfer Station (the "Transfer 12 Station")to improve and maintain the waterways and channels along the Eastern Branch of 13 the Lynnhaven River, and further, to provide support to the federal government to maintain 14 Canal No. 2; and 15 16 WHEREAS, the proposed Transfer Station would serve the surrounding community 17 by maintaining the navigability of the waterways and helping to prevent flooding, support 18 dredging operations, and provide dredged material management throughout the Eastern 19 Branch of the Lynnhaven River, and for other related public purposes for the preservation 20 of the safety, health, peace, good order, comfort, convenience, and the welfare of the 21 people in the City of Virginia Beach. 22 23 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 24 VIRGINIA BEACH, VIRGINIA: 25 26 Section 1 . That the City Council authorizes the acquisition by purchase or 27 condemnation pursuant to Sections 15.2-1901, et seq. and Title 25.1 and 33.2 of the Code 28 of Virginia of 1950, as amended, of all that certain real property in fee simple shown on 29 Exhibit A, attached hereto and made a part hereof (the "Properties"), for the purpose of 30 construction of the Transfer Station. 31 32 Section 2. That the City Manager is hereby authorized to make or cause to be made 33 on behalf of the City of Virginia Beach, to the extent that funds are available, a reasonable 34 offer to the owners or persons having an interest in said Properties. If refused, if the 35 Properties' owners are unable to convey clear title, or if the owners cannot be identified or 36 located, the City Attorney is hereby authorized to initiate, prosecute, and settle or resolve 37 proceedings to condemn to acquire title to the Properties necessary to construct the 38 Transfer Station. 39 40 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 41 , 2021. CA 15395 R-1 8/25/21 \\vbgov.com\dfs 1\applications\citylaw\cycom32\wpdocs\d025\p036\00747277.doc APPROVED AS TO CONTENT APPROVED AS TO LEGAL o \ C1.r SUFFICIENCY AND FORM PUBLIC WORKS/REAL ESTATE CITY OR Y EXHIBIT A Parcels Authorized for Acquisition By Agreement or Condemnation: ADDRESS OWNER GPIN (Now or Formerly) Common Boulevard Center Phase I Condominium 1497-75-2263- Elements — Association 0000 2540 Virginia Beach Boulevard 2540 Virginia 2540 VBB, LLC 1497-75-2263- Beach 2540 Boulevard, Suite B 2540 Virginia 2540 VBB, LLC 1497-75-2263- Beach 2541 Boulevard, Suite A U y "ii l] r \ \ \ \ i?,..IL; --\' . _ ___ , .. Pg`� \ \ ; \ .. if --\ 6 r Z 1! — . 4-°± — ac.c.7; ,: 2J IF___0 . \c \c3`� 0, ... e '1 .t mil tavitv... i ‘\ , ' -.is1 e reg ain,- �- ti aN 14 i f: ►�r pia ��`� W 1 "..-- < \. l'i? _ w Lc\----"-. 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MEETING DATE: October 5, 2021 • Background: 2477 Sandfiddler LLC (the "Applicant") has requested permission to retain and maintain 15 trees and 4 bushes (the "Encroachments") into a portion of the City's right-of-way known as Marlin Lane, located adjacent to its property at 2477 Sandfiddler Road (GPIN: 2434-11-3763). The proposed Encroachments do not interfere with parking along Marlin Lane. • Considerations: City Staff has reviewed the Encroachments and recommends approval of same, subject to certain conditions outlined in the Agreement. Staff has required that the outer limit of the vegetation along Marlin Lane must be maintained and trimmed to allow at least 10' from the Encroachments to the edge of the pavement to allow for off-street parking. • Public Information: Public notice will be provided 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 City Manager:`'A/ ' 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS INTO A 5 PORTION OF CITY'S RIGHT-OF-WAY 6 KNOWN AS MARLIN LANE, ADJACENT 7 TO 2477 SANDFIDDLER ROAD 8 9 WHEREAS, 2477 Sandfiddler LLC has requested permission to retain and 10 maintain 15 trees and 4 bushes (the "Encroachments") into a portion of the City's right-of- 11 way known as Marlin Lane located adjacent to its property at 2477 Sandfiddler Road 12 (GPIN: 2434-11-3763); and 13 14 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 15 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 16 the City's right-of-way subject to such terms and conditions as Council may prescribe. 17 18 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 19 VIRGINIA BEACH, VIRGINIA: 20 21 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 22 2009 and 15.2-2107, Code of Virginia, 1950, as amended, 2477 Sandfiddler LLC, its heirs, 23 assigns and successors in title are authorized to retain and maintain 15 trees and 4 24 bushes, in the City's right-of-way as shown on the map entitled: "'EXHIBIT A' 25 ENCROACHMENT REQUEST INTO A PORTION OF MARLIN LANE ADJACENT TO 2477 26 SANDFIDDLER ROAD SHOWING A PROPOSED ENCROACHMENT OF 15 TREES AND 27 4 BUSHES IN THE PUBLIC RIGHTS-OF-WAY VIRGINIA BEACH, VIRGINIA," having a 28 Scale of 1" =40', dated March 25, 2021, and prepared by DKT Associates, a copy of which 29 is attached hereto as Exhibit A, and on file in the Department of Public Works and to which 30 reference is made for a more particular description; 31 32 BE IT FURTHER ORDAINED, that the Encroachments are expressly subject 33 to those terms, conditions and criteria contained in the agreement between the City of 34 Virginia Beach and 2477 Sandfiddler LLC (the"Agreement"), an unexecuted copy of which 35 has been presented to the Council in its agenda, and will be recorded among the records of 36 the Clerk's Office of the Circuit Court of the City of Virginia Beach; 37 38 BE IT FURTHER ORDAINED, that the City Manager or his authorized 39 designee is hereby authorized to execute the Agreement; and 40 41 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 42 such time as 2477 Sandfiddler LLC and the City Manager or his authorized designee 43 execute the Agreement. 44 i 45 Adopted by the Council of the City of Virginia Beach, Virginia, on the 46 day of , 2021. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL EN AND FORM: te e) (b �L P BLIC WORKS, REAL ESTATE . RMEYER SE IOR CITY ATTORNEY CA15214 R-1 Prepared: 07/09/2021 2 1. The land boundary survey shown hereon is based on a current field survey performed on January 15,2021 and In combination with the plat(s)and/or deed(s)referenced herein. This survey was performed without the benefit of a current title report. The easements appearing on this survey,if any,were depicted and/or noted in the referenced plat(s)and/or deed(s)unless otherwise noted. 2. This property appears to fall in flood zone(s)X as shown on the NFIP map for the city of Virginia Beach,map/panel 515531 0205 G, effective 1/16/15. Base Flood Elevation=N/A Finished Floor Elevation=N/A 3. 3-foot(914mm)clear space shall be maintained around the circumference of fire hydrants,excpt as otherwise required or approved. , YORTH it I ti/B.32 m WN rn Z D N Lot 22, Block 2 Lot 21, Block 2 Cm now or formerly now or formerly to Mark A. & Laura M.Duvall Kenneth J. Alfred, Jr. m Deed: I.N.200403080037849 & Ella Sue Alfred Plat: M.B.32 P.65, Deed: es cc J € c I GPIN:2434-11-2628 D.B.4731 P. 1103 N Plat: M.B.32 P.65, Q bush GPIN:2434-11-1797 Lot A - .2 .t(typ•) 100 0' N 10'48'00"W now or formerly -- I,I_J _ pin(F) Sandbridge Dunes ::F: ,s_-=e•. , \t • Condominiums, L.L.C. utility Lot 1, Block 2 Lot 2, Block 2 Deed: D.B.4665 P.49 15.15' pole now or formerly Plat: 2477 Sandfiddler LLC now or formerly I.N.200506160090220 I ` tree Patton Holdings LLC GPIN:2434-11-3475 ]7'❑ Deed: Deed: IN ❑ drop c I.N.20170418000317340 20070424000552700 inlet Plat: M.B.32 P.65, Plat: M.B.32 P.65, a GPIN:2434-11-3763 GPIN:2434-11-3832 W IoE I 'r` n ,Ly ►h I a, tn a) to ►1 0 D ) m I ■ 3 Sto 0 "� /1 0 Frame House c o #2477 Z wat- e� E 111 V met: t .35.T to +z N ``r o 12 RI 1 pin(F) n IIlii ❑ J Am31.42' �c : m f dro• ��*R=20.00' ___}: inlet _��_ • r.r r1M0"E tra i c 1 .1 bush �. linel.in. ® © � LLB • -sign- �typ- _- existing 8"Cl water main fire \ hydrant `existing 6"PVC sanitary sewer see note 3 "not subject to encroachment request and City staff requests its removal" SANDFIDDLER ROAD (50' R/W) (M.B.32 P.65) Graphic Scale 1"=40' "EXHIBIT A" 0 20 40 80 160 Encroachment Request into a Portion of Marlin Lane Adjacent to 2477 Sandfiddler Road Showing a Proposed -4��1,TH OF Encroachment of I 15 Trees and 4 Bushes, DKTAssociates °� �G" in the Public Rights-of-Way LAND SURVEYORS �r � .— U DENNIS'Tr MBAS > Virginia Beach,Virginia March 25 2021 Lic. No. 002189 Q, For: Mary D.Herod&Thomas M.Cowperthwalte 1100 Granby Street q 3/25/21 0 Suite 100 -k Job No: 14233 Scale: 1"= 40• Norfolk,VA 23510 d FB: 198/66 Size: 8.5 x 14 S U R Drawn: DT Revised: 8-16-21 DKTAssociates.com Tel (757)588-5888 Check: RGB Sheet: 1 of 1 PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C)(4) THIS AGREEMENT, made this `fi day of - 240402021, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and 2477 SANDFIDDLER LLC, a Virginia limited liability company, ITS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee". WITNESS ETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as Lot "1", in Block "2", on that certain plat entitled: "SANDBRIDGE BEACH PRINCESS ANNE COUNTY, VA. PROPERTY OF SANDBRIDGE BEACH INCORPORATED NORFOLK, VA.", dated October 10, 1952, having a Scale of 1" = 100', and prepared by W. B. Gallup, which said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 32, at page 65, and being further designated, known, and described as 2477 Sandfiddler Road, Virginia Beach, Virginia 23456; WHEREAS, it is proposed by the Grantee to retain and maintain 15 trees and 4 bushes collectively, the "Temporary Encroachment", in the City of Virginia Beach; and GPIN: CITY RIGHT-OF-WAY KNOWN AS MARLIN LANE (NO GPIN ASSIGNED) GPIN: 2434-11-3763 (2477 SANDFIDDLER ROAD) WHEREAS, in retaining and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of City right-of-way known as Marlin Lane, the "Encroachment Area", and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt and sufficiency of which are hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT 'A' ENCROACHMENT REQUEST INTO A PORTION OF MARLIN LANE ADJACENT TO 2477 SANDFIDDLER ROAD SHOWING A PROPOSED ENCROACHMENT OF 15 TREES AND 4 BUSHES IN THE PUBLIC RIGHT-OF-WAY VIRGINIA BEACH, VIRGINIA," having a Scale of 1" = 40', dated March 25, 2021 , and prepared by DKT Associates, a copy of which is attached hereto as Exhibit A and to which reference is made for a more particular description. Notwithstanding anything to the contrary in the aforementioned Exhibit A, the outer limit of the vegetation along Marlin Lane must be maintained and trimmed to allow at least ten (10) feet from the Encroachments to the edge of the pavement. 2 Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. Without limiting the preceding sentence, certain items on the Exhibit were not subject to the encroachment request including two trees, a bush, a retaining wall, and ground lights. 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. 3 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. 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 4 not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, 2477 Sandfiddler LLC, a Virginia limited liability company, the said Grantee has caused this Agreement to be executed in its name on its behalf by Thomas M. Cowperthwaite, Manager of 2477 Sandfiddler LLC. 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 2477 SANDFIDDLER LLC, a Virginia limited liability company By: 3:Qi (SEAL) Thomas wperthwaite, Manager FLOR WANDA NOTARY PUBLIC COM COMMONWEI ALTH OFEVI RGINIA COMMISSION# 5 6991 31.2021 MY STATE OF . CITY/COUNTY OF4-Aii4,)/ , to-wit: The foregoing instrument was acknowledged before me this T day of 5-ee �Qrn v , 2021, by Thomas M. Cowperthwaite, Manager of 2477 Sandfiddler LLC, a Virginia limited liability company. 1)° ijillWet (SEAL) Notary 'ublic FLOR WANDA NOTARY PUBLIC COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES OCT.31.2021 / COMMISSION#7556991 Notary Registration Number: 1 So 1 47 My Commission Expires: l oi3il ZOZ/ APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: Li b (,,p,,J 1GNATURE . ARMEYER SENIOR CITY ATTORNEY PI,J heal £s7 c DEPARTMENT 7 1. The land boundary survey shown hereon Is based on a current field survey performed on January 15,2021 and In combination with the plat(s)and/or deed(s)referenced herein. This survey was performed without the benefit of a current title report. The easements appearing on this survey,if any,were depicted and/or noted in the referenced plat(s)and/or deed(s)unless otherwise noted. 2. This property appears to fat In flood zone(s)X as shown on the NFIP map for the city of Virginia Beach,map/panel 515531 0205 G, effective 1/16/15. Base Flood Elevation=N/A Finished Floor Elevation=N/A 3. 3-foot(914mm)dear space shall be maintained around the circumference of fire hydrants,excpt as otherwise required or approved. NORTai M.B Z 6_ Oa m cc W a N Lot 22, Block 2 Lot 21, Block 2 U ,., now or formerly now or formerly JCn 2 Mark A. & Laura M.Duvall Kenneth J. Alfred,Jr. z Deed: I.N.200403080037849 & Ella Sue Alfred a > € a Plat: M.B.32 P.65, Deed: 0 o GPIN:2434-11-2628 D.B. 4731 P. 1103 t, „.1 y N Plat: M.B.32 P.65, GPIN:2434-11-1797 Q bush Lot A (ryp') goo o• N �o•as•oo••W now or formerly {_ pin(F) Sandbridge Dunes overlie • es- --• i Condominiums, L.L.C. utility Lot 1, Block 2 Lot 2, Block 2 Deed: D.B.4665 P.49 /5.15' pole now or tormerry �- Plat: now or formerly I.N.200506160090220 18•RCP 0)tree 2477 Sandfiddler LLC Patton Holdings LLC GPIN:2434-11-3475 3 Deed: Deed: IN tj drop _ ° c I.N.201 7041 800031 7340 20070424000552700 inlet L_ ev Plat: M.B.32 P.65, Plat: M.B.32 P.65, GPIN:2434-11-3763 GPIN:2434-11-3832 mjoa) jr of 1 l �� j G D y 80 u, 3 Story F o "� o Frame House Z • I #2477 o 'wat:r o r. o ' met:r' n 35.7' m I Pi ft 'I 12"Rr' F`'44 pin(F) • 94110s—I_pli�Ac31.42 53.8' m dro•• ;�,i R�20.00 - • ©to. / _}....*:- ..7 inlet \ d �, .OQ�8 1 r' 0 E tra'is g, bush l;••fire '' , -�� '' `l existing 8"C1 water main hydrant - `existing 6'PVC sanitary sewer see note 3 "not subject to encroachment request and City staff requests its removal" SANDFIDDLER ROAD (50' R/W) (M.B.32 P.65) Graphic Scale 1"=40' "EXHIBIT A" 0 20 40 80 160 Encroachment Request into a Portion of Marlin Lane Adjacent to 2477 Sandfiddler Road Showing a Proposed '1',Z,TH OF L Encroachment of t� 15 Trees and 4 Bushes, DK 4'TAssociates c. in the Public Rights-of-Way LAND SURVEYORS U DENNIS AS Virginia Beach,Virginia March 25,2021 Lic. 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"" I . # •it CP , B Z C '1'k 4 , o � 1fi{3- b, d Q ' rk. .�. N M - A P ` '111' LOCATION MAP ., ENCROACHMENT REQUEST co oh' ‘,- FOR Legend It?' 2477 SANDFIDDLER LLC , City Properties b�' ` , r„ 2477 SANDFIDDLER ROAD • 2434-11-3763 �. 11. 1. .GPIN: 2434-11-3763 11 MIN �v 000.. :r� Feet 6_77 Encroachment Area 0 50 100 200 Prepared by P.W./Eng./Eng.Support Services Bureau 09/09/2021 X:\CADD\Projects\ARC Files\AGENDA MAPS\2434-11-3763 Aerial Disclosure Statement 1d13 Planning & Community D)e t'lopinent 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 2477 Sandfiddler LLC Does the applicant have a representative? RI Yes ❑ No • If yes,list the name of the representative. Thomas M. Cowperthwaite, Registered Agent Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? ® Yes ❑ No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Thomas M Cowperthwaite Mary D. Herod • If yes,list the businesses that have a parent-subsidiary3 or affiliated business entity2 relationship with the applicant. (Attach a list if necessary) None 1"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. 2"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Wage Disclosure Statement Pla nning&Commu nit 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?0 Yes ® No • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ® No • If yes,identify the financial institutions providing the serice. 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑ Yes ® No • If yes,identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property? ® Yes 0 No • If yes,identify the firm and individual providing the service. Tax returns prepared by Brett Donahue, CPA of Huey and Associates, P.C. 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?0 Yes G31 No • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?0 Yes ® No • If yes,identify the purchaser and purchaser's service providers. Wage Disclosure Statement \113 .Bing& nmmn� p_.,ent 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?❑ Yes 1E1No • If yes,identify the company and individual providing the service. 7 Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property? 121Yes 0 No • If yes,identify the firm and individual providing the service. Survel for Exhibit A prepared by Dennis Taflambas at DKT 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? ❑ 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. D'-/( (11/ AlLt— Applicant Signature Thomas M. Cowperthwaite, Registered Agent Print Name ind e CCILi Date Is the applicant also the owner of the subject property? 1E1 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 signature • Print Name 3jPage r 4.}k, fit CITY OF VIRGINIA BEACH AGENDA ITEM I ITEM: A Resolution to Add Student Members to the Virginia Beach Clean Community Commission MEETING DATE: October 5, 2021 • Background: The City Council created the Clean Community Commission in 2010 to advise the City Council. During their September 9, 2021 meeting, the Commission unanimously approved a motion requesting that the City Council add to the Commission's current membership two high schools students—a junior and a senior— as voting members, with each appointed to one-year terms. Providing students who have a demonstrated interest in promoting a cleaner, more beautiful City and in ensuring our community's environmental vitality with the opportunity to serve as members of the Commission would benefit the City, the Commission, and the students. • Considerations: This resolution provides that the membership of the Commission shall include two high school students—one junior and one senior—as voting members, with each appointed to a one-year term, provided, however, that the initial appointees shall serve until June 30, 2022, and subsequent appointments shall be made on a fiscal-year basis, beginning July 1st and ending June 30th of the following year. • Public Information: Normal Council agenda process. • Attachments: Resolution Requested by Councilmember Holcomb REQUESTED BY COUNCILMEMBER HOLCOMB 1 A RESOLUTION TO ADD STUDENT MEMBERS TO 2 THE VIRGINIA BEACH CLEAN COMMUNITY 3 COMMISSION 4 5 WHEREAS, the City Council created the Clean Community Commission in 2010 to 6 advise the City Council; and 7 8 WHEREAS, providing students who have a demonstrated interest in promoting a 9 cleaner, more beautiful City and in ensuring our community's environmental vitality with the 10 opportunity to serve as members of the Commission would benefit the City, the 11 Commission, and the students; 12 13 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 14 VIRGINIA BEACH, VIRGINIA: 15 16 That, in addition to its current membership, the Commission shall include two high 17 school students—one junior and one senior—as voting members, with each appointed to a 18 one-year term, provided, however, that the initial appointees shall serve until June 30, 19 2022, and subsequent appointments shall be made on a fiscal-year basis, beginning July 20 1st and ending June 30t" of the following year. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2021 . APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA15540 R-2 September 28, 2021 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Resolution Providing for 5/31 Memorial Committee Membership and Duties MEETING DATE: October 5, 2021 • Background: In December 2020, the City Council approved a resolution to establish the 5/31 Memorial Committee ("Committee")to guide the memorial planning process. This Committee will work with key stakeholders, create a vision for the memorial, solicit input, recommend a design concept, and provide feedback on construction. The tasks of the Committee shall include: • creating firm protocols for meeting structure and consensus-building • creating a vision for the memorial • setting project priorities, goals and building consensus on the design • leading a transparent process open to any interested members of the public or stakeholders • advocating for the families, survivors, and community • soliciting input from the stakeholders and public • developing design goals and recommendations on the memorial site and funding for the memorial using collected input • determining a preferred location of the memorial • providing project budgets and mobilizing funding • soliciting design proposals • reviewing proposals, conducting selection process, and making a final recommendation to the City Council • overseeing the installation and dedication of memorial. With the City Council's approval, the City hired consulting firm Kearns & West ("K&W) to facilitate the memorial planning process. K&W is a highly regarded national firm that specializes in facilitating complex processes for public involvement and providing neutral conflict resolution services to chart viable solutions. K&W works with agencies around the world to resolve disputes, build consensus, and involve the public and stakeholders in decisions that will affect them. K&W will serve as the family and survivor liaison, facilitate the Committee, and create opportunities for the families, survivors, and community to provide input in the memorial planning process. • Considerations: The Committee will consist of between 10 and 12 voting members, shall service in an advisory capacity to the City Council, and the City Council shall appoint its members. The Committee may adopt rules for the conduct of its business. A chair and vice-chair shall be elected by its members. The Committee shall serve until the dedication of the memorial. The committee shall consist of: two City Council members; at least two design professionals having expertise in the fields of architecture or landscape architecture; at least one mental health professional having expertise in the fields of psychiatry, psychology, or a similar filed; three members of the general public, including at least two directly affected by the 5/31 tragedy; the family & survivor liaison to represent views of those not serving on the Committee; and one representative from the Historical Preservation Commission to consider how a memorial could fit within a historic district and/or become a historic landmark. City staff support will be provided by multiple departments including Budget & Management Services, City Attorney, City Manager's Office/Office of Volunteer Resources, Communications, Cultural Affairs, Finance, Parks and Recreation, Planning Department and Public Works. Those interested in serving on the Committee will be asked to complete a questionnaire outlining their reasons for being selected, as well as the talent bank application required of all appointees to City boards and commissions. The questionnaires and talent bank applications will be submitted to the City Clerk's Office, and after applicant names and identifying information have been redacted, the questionnaires will be reviewed by the family and survivor liaison for recommendations to the City Council. The City Council may consider the recommendations, but they will not be binding on the Council. • Public Information: Normal Council Agenda process. • Attachments: Resolution Recommended Action: Approval Submitting Department/Agency: Cultural Affairs and Volunteer Resources City Manager/AT' 1 A RESOLUTION PROVIDING FOR 5/31 MEMORIAL 2 COMMITTEE MEMBERSHIP AND DUTIES 3 4 WHEREAS, in December 2020, the City Council approved a resolution to establish 5 the 5/31 Memorial Committee ("Committee") to guide the memorial planning process; and 6 7 WHEREAS, the Committee will work with key stakeholders, create a vision for the 8 memorial, solicit input, recommend a design concept, and provide feedback on 9 construction; and 10 11 WHEREAS, the task of the Committee shall include: creating firm protocols for 12 meeting structure and consensus-building; creating a vision for the memorial, setting 13 project priorities, goals and building consensus on the design; leading a transparent 14 process open to any interested members of the public or stakeholders; advocating for the 15 families, survivors, and community; soliciting input from the stakeholders and public; 16 developing design goals and recommendations for the memorial site and funding for the 17 memorial using collected input; determining a preferred location for the memorial; 18 providing project budgets and mobilizing funding; soliciting design proposals, reviewing 19 proposals, conducting the selection process, and making a final recommendation to the 20 City Council; and overseeing the installation and dedication of the memorial; and 21 22 WHEREAS, with the City Council's approval, the City hired consulting firm Kearns 23 & West ("K&W') to facilitate the memorial planning process; and 24 25 WHEREAS, K&W is a highly regarded national firm that specializes in facilitating 26 complex processes for public involvement and providing neutral conflict resolution 27 services to chart viable solutions; and 28 29 WHEREAS, K&W will serve as the family and survivor liaison, facilitate the 30 Memorial Committee, and create opportunities for the families, survivors, and community 31 to provide input in the memorial planning process. 32 33 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 34 OF VIRGINIA BEACH, VIRGINIA: 35 36 (1) That the membership of the Committee shall consist of between ten and twelve 37 voting members appointed by the City Council. The Committee shall consist of the 38 following: two City Council members; at least two design professionals having expertise 39 in the fields of architecture or landscape architecture; at least one mental health 40 professional; three members of the general public, including at least two directly affected 41 by the 5/31 tragedy; a family & survivor liaison; and one representative from the Historical 42 Preservation Commission. 43 44 (2) The Committee shall serve in an advisory capacity to the City Council. The 45 Committee may adopt rules for the conduct of its business. A chair and vice-chair shall 46 be elected by its members. The Committee shall serve until the dedication of the 47 memorial. Adopted by the City Council of the City of Virginia Beach, Virginia on the day , 2021 . APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ulturallAffairs City Attorney's Office CA15550 R-2 September 24, 2021 2 ifr., :71-A,...v.ic,„ 1 -..\ i e - -.N1 y`�l t'.ii CITY OF VIRGINIA BEACH . AGENDA ITEM j ITEM: An Ordinance Authorizing the City Manager to Execute a Memorandum of Understanding with Atlantis Preservation LP to Fund and Implement Programming For Residents of the Atlantis Apartments and to Accept and Appropriate Funding from Atlantis Preservation LP MEETING DATE: October 5, 2021 • Background: The City's Department of Parks and Recreation, Youth Opportunity Office ("City"), is proposing to partner with Atlantis Preservation LP ("AP") to bring critical community services to six hundred residents of the Atlantis Apartments located at 999 Atlantis Drive, Virginia Beach, Virginia. AP is a real estate company committed to the creation and preservation of affordable housing. AP acquired the Atlantis Apartments in July 2021. AP has agreed to provide a cash donation to the City in an amount not to exceed twenty- five thousand dollars per year for three consecutive years ("Donation"). The Donation will be used by the City to support and manage the implementation and operation of programs and activities that benefit residents of the Atlantis Apartments. Specifically, programming is designed to increase the stability of low to moderate income households by creating access to empowerment and stewardship strategies. • Considerations: Under the terms of the proposed memorandum of understanding ("MOU"), the City will deliver no less than four programs per calendar year that directly benefit the residents of the Atlantis Apartments. The programming will be conducted at the Atlantis Apartments, at Parks and Recreation facilities, or on other City property. Most programs will take place over a four-to-six-week time period and will cover topics such as health and wellness, financial literacy, employment, civic engagement and cultural affairs. The City will use funding from AP to support the operational costs of administering the programming, including staffing, technology costs and online education. The proposed MOU requires AP to provide a representative to work with the City to develop a shared agenda and identifiable metrics for the programming. AP will use commercially reasonable efforts to attend planning meetings with the City and to identify implementation needs, assessment and evaluation plans, and future needs of the residents. Both the City and AP will assist with data collection and will report data related to the programming to each other. Expected program outcomes include increased employment among the 16-21-year age group, increased community involvement, increased civic participation, improved health and wellness, improved relations between the community and law enforcement, and improved relations between Atlantis residents and the surrounding communities. The proposed MOU does not require an additional or matching donation from the City and does not require the City to commit any personnel to support the Donation. ■ Public Information: Normal Council agenda process. • Attachments: Ordinance, Summary of Terms of Memorandum of Understanding, Disclosure Form Recommended Action: Approve Submitting Department/Agency: Parks & Recreation City Manager:lair 1 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A 2 MEMORANDUM OF UNDERSTANDING WITH ATLANTIS PRESERVATION LP 3 TO FUND AND IMPLEMENT PROGRAMMING FOR RESIDENTS OF THE 4 ATLANTIS APARTMENTS AND TO ACCEPT AND APPROPRIATE FUNDING 5 FROM ATLANTIS PRESERVATION LP 6 7 WHEREAS, the City's Department of Parks and Recreation, Youth Opportunity 8 Office ("City"), is proposing to partner with Atlantis Preservation LP ("AP") to bring 9 critical community services to six hundred residents of the Atlantis Apartments located 10 at 999 Atlantis Drive, Virginia Beach, Virginia; and 11 12 WHEREAS, AP is a real estate company committed to the creation and 13 preservation of affordable housing; and 14 15 WHEREAS, AP acquired the Atlantis Apartments in July 2021; and 16 17 WHEREAS, AP has agreed to provide the City with a cash donation in an 18 amount not to exceed twenty-five thousand dollars per year for three consecutive years 19 ("Donation"); and 20 21 WHEREAS, the Donation will be used by the City to support and manage the 22 implementation and operation of programs and activities that benefit residents of the 23 Atlantis Apartments; and 24 25 WHEREAS, the programming is designed to increase the stability of low to 26 moderate income households by creating access to empowerment and stewardship 27 strategies; and 28 29 WHEREAS, under the terms of the proposed memorandum of understanding 30 ("MOU"), the City will deliver no less than four programs per calendar year that directly 31 benefit residents of the Atlantis Apartments; and 32 33 WHEREAS the programming will be conducted at the Atlantis Apartments, at 34 Parks and Recreation facilities, or on other City property; and 35 36 WHEREAS, most programs will take place over a four-to-six week time period 37 and will cover topics such as health and wellness, financial literacy, employment, civic 38 engagement and cultural affairs; and 39 40 WHEREAS, the City will use funding from AP to support the operational costs of 41 administering the programming, including staffing, technology costs and online 42 education; and 43 44 WHEREAS, the proposed MOU requires AP to provide a representative to work 45 with the City to development a shared agenda and identifiable metrics for the 46 programming; and 47 48 WHEREAS, AP will use commercially reasonable efforts to attend planning 49 meetings with the City and to identify implementation needs, assessment and 50 evaluation plans, and future needs of the residents; and 51 52 WHEREAS, both the City and AP will assist with data collection and will report 53 data related to the programming to each other; and 54 55 WHEREAS, expected program outcomes include increased employment among 56 the 16-21-year age group, increased community involvement, increased civic 57 participation, improved health and wellness, improved relations between the community 58 and law enforcement, and improved relations between Atlantis residents and the 59 surrounding communities. 60 61 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 62 VIRGINIA BEACH, VIRGINIA, THAT: 63 64 1. The City Manager is hereby authorized to execute a Memorandum of 65 Understanding with Atlantis Preservation LP to fund and implement programming 66 for residents of the Atlantis Apartments, in accordance with the Summary of 67 Terms, attached hereto as Exhibit A, and other such terms, conditions and 68 modifications as may be acceptable to the City Manager and in a form deemed 69 satisfactory by the City Attorney. 70 71 2. A $25,000 donation is hereby accepted from Atlantis Preservation LP and 72 appropriated, with miscellaneous revenue increased accordingly, to the FY 2021- 73 22 Operating Budget of the Department of Parks and Recreation for the purpose 74 of funding critical community services for residents of the Atlantis Apartments. 75 76 3. As long as the MOU authorized herein is in full force and effect, the City Manager 77 is further directed to include subsequent $25,000 donations in the Manager's 78 Proposed Operating Budgets for each of FY 2022-23 and FY 2023-24 to allow 79 the Department of Parks and Recreation to continue the critical community 80 services for residents of the Atlantis Apartments. 81 82 Adopted by the Council of the City of Virginia Beach, Virginia on the day 83 of , 2021. 84 —�- 85 Requires the affirmative vote of a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ,cQalrtQ /l• �U E��ir��Cu� Parks and Recreation City Attorney's Office APPROVED AS TO CONTENT: ( ;JAi-__ Xepartment of Budget and Management Services CA15541 R-2 September 22, 2021 SUMMARY OF TERMS OF MEMORANDUM OF UNDERSTANDING PARTIES: The City of Virginia Beach("City")and Atlantis Preservation LP("AP") PURPOSE: Fund and implement programming for residents of the Atlantic Apartments TERMS: The Memorandum of Understanding("MOU")requires AP to: • Provide a cash or cash equivalent donation to the City in an amount not to exceed $25,000 per year for three consecutive years. • Provide a representative to work with the City to develop a shared agenda and identifiable metrics for the programming. The representative will use commercially reasonable efforts to attend planning meetings with the City and to identify implementation needs, assessment and evaluation plans, and future needs of the residents of the Atlantis Apartments. • Assist in data collection and report data related to the programming to the City. The MOU requires the City to: • Use the donation to support and manage the implementation and operation of programs and activities designed to benefit residents of the Atlantis Apartments. • Use the donation to deliver no less than four programs per calendar year that directly benefit residents of the Atlantis Apartments. Programming will generally take place over a four-to-six week time period and will cover subjects such as health and wellness, financial literacy, employment, civic engagement,and cultural affairs. • Conduct programming at the Atlantis Apartments, at Parks and Recreation facilities,or on other City property. • Support the operational costs of administering the programming, including staffing,technology costs, and online education. • Assist in data collection, report data to AP, and submit a report detailing program outcomes,percentage of resident participation and other key,agreed upon performance metrics. • Maintain adequate insurance coverage during the term of the MOU. The City will receive the first donation from AP within 60 days of execution of the MOU. The term of the MOU is 3 years. The MOU contains standard City contract provisions about governing law and venue. 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: Atlantis Preservation LP SECTION 2. SERVICES DISCLOSURE Are any of the following services being provided in connection with the applicant? If the answer to any item is YES, please identify the firm or individual providing the service: YES NO SERVICE PROVIDER (use additional sheets if needed) ❑ U Accounting and/or preparer of your tax return Financial Services (include ❑ ® lending/banking institutions and current mortgage holders as applicable) ❑ Q Legal Services ❑ © Insurance 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. Yehuda Kestenbaum 9/23/2021 APPLICANT'S SIGNATURE PRINT NAME DATE -~,h-U,E,, r �'A °r "y=,g, Si ... M CITY OF VIRGINIA BEACH _a _ AGENDA ITEM ITEM: An Ordinance to Authorize a Grant in the Amount of $200,000 to the Hampton Roads Workforce Council for Mental Health Worker Recruitment and Retention Bonuses MEETING DATE: October 5, 2021 • Background: Throughout the pandemic, there has been a rise in cases of mental health or substance use in the United States. In an early study published by the Centers for Disease Control in 2020, nearly 40% of all American adults surveyed reported mental health or substance use struggles during one examined week alone. As the pandemic has continued, utilization of mental health services and beds has reached crisis levels, with facilities running out of space for extensive treatment. At the same time demand for service has risen, mental health professional vacancies have increased across the board, within both the public and private sectors. As a result, as a recent Aon Hospital Benefits Survey showed, many health care systems have turned to bonus payments, accelerated hiring, and enhanced benefit offerings to either retain or attract health care workers. Similarly, in attempts to counteract some of their staffing level challenges, the Commonwealth of Virginia invested funds into retention bonuses for direct care staff at the Commonwealth's behavioral health facilities and made a commitment to examine salaries for Commonwealth direct care positions in the forthcoming state budget. Members of the City Council have expressed an interest in supporting mental health care providers and overall access to mental health care. To assist with the recruitment and retention of mental health workers here in Virginia Beach, the City can partner with Hampton Roads Workforce Council to create a program whereby non-profit and private mental health providers can access funds to support recruitment and retention efforts of staff within Virginia Beach. • Considerations: This program will be modeled after the program established at the July 6, 2021 City Council meeting to provide hiring incentives within the tourism industry. The cash incentive or bonus is $1,000. The recipient would need to serve for a minimum of 30 days prior to accessing the bonus and commit to continuing to serve as a mental health provider for a minimum of six months thereafter. The total balance of the special emergent needs reserve is currently $7,377,181. This amount was specifically appropriated to address City Council priorities and initiatives at the September 21, 2021 City Council meeting as a part of the FY 2020-21 to FY 2021-22 Carry Forward item. • Public Information: Normal Council Agenda process. • Attachments: Ordinance; Disclosure Form REQUESTED BY MAYOR DYER, VICE MAYOR WILSON AND COUNCILMEMBERS BERLUCCHI, HOLCOMB, AND WOOTEN REQUESTED BY MAYOR DYER, VICE MAYOR WILSON AND COUNCILMEMBERS BERLUCCHI, HOLCOMB, AND WOOTEN 1 AN ORDINANCE TO AUTHORIZE A GRANT IN THE 2 AMOUNT OF $200,000 TO THE HAMPTON ROADS 3 WORKFORCE COUNCIL FOR MENTAL HEALTH WORKER 4 RECRUITMENT AND RETENTION BONUSES 5 6 WHEREAS, the City Council desires to support a program to address the 7 recruitment and retention of mental health care providers in the City of Virginia Beach; 8 9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 10 VIRGINIA BEACH, VIRGINIA: 11 12 That $200,000 is hereby authorized for a grant to the Hampton Roads Workforce 13 Council to allow the Council to undertake a program to address workforce availability in 14 the mental healthcare industry. The source of the funding for the grant is the amounts 15 reserved for City Council initiatives and pandemic response. 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: If udget and anagement ervices • tt ey's Office CA15547 R-2 September 27, 2021 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: Hampton Roads Workforce Council SECTION 2. SERVICES DISCLOSURE Are any of the following services being provided in connection with the applicant? If the answer to any item is YES, please identify the firm or individual providing the service: YES NO SERVICE PROVIDER (use additional sheets if needed) 0 Accounting and/or preparer of Larry Saunders & your tax return Associates, CPA's Financial Services (include TowneBank lending/banking institutions and Truist current mortgage holders as applicable) Kaufman & Canoles ® El Legal Services © Broker/Contractor/Engineer/Other Service Providers CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand I am responsible for updating the information provided herein if it changes prior to the Council action upon this Application. [Jh U Clif Duncan 9/16/21 APPLICANT'S dATURE PRINT NAME DATE [ C auk', = J J L4;,- r CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Award a $5,000 Community Service Micro-Grant to the Hispanic Resource Center of Coastal Virginia for the Purpose of the Hispanic Heritage Celebration MEETING DATE: October 5, 2021 • Background: The Hispanic Resource Center of Coastal Virginia is celebrating Hispanic Heritage Month, which coincides with many Latin American Independence Days and runs from September 15 - October 15. To finish out the month of festivities, the Hispanic Resource Center of Coastal Virginia is holding its annual Hispanic Heritage Celebration on October 15. The Hispanic Resource Center has requested a micro-grant in the amount of $5,000 to support a variety of marketing efforts for the event, including social media platforms, Que Pasa Virginia Magazine, TV, radio and newspaper ads. • Considerations: The total micro-grant request is $5,000. Funding would come from the Opportunity Grants item in the Non-Departmental Budget. Opportunity Grant funding was established within the Operating Budget to support not-for-profit organizations that seek to enhance the quality of life within the City of Virginia Beach. ■ Public Information: Normal Council Agenda process. ■ Recommendations: Approve the attached ordinance. • Attachments: Ordinance, Micro-Grant Application, Disclosure Form REQUESTED BY COUNCILMEMBER BERLUCCHI REQUESTED BY COUNCILMEMBER BERLUCCHI 1 AN ORDINANCE TO AWARD A $5,000 COMMUNITY 2 SERVICE MICRO-GRANT TO THE HISPANIC RESOURCE 3 CENTER OF COASTAL VIRGINIA FOR THE PURPOSE OF 4 THE HISPANIC HERITAGE CELEBRATION 5 6 WHEREAS the Hispanic Resource Center of Coastal Virginia requested a micro- 7 grant from the City of Virginia Beach for its Hispanic Heritage Celebration; 8 9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 10 VIRGINIA BEACH, VIRGINIA, THAT: 11 12 A grant of $5,000 is hereby authorized from the Opportunity Grants item in the 13 Non-Departmental Budget to the Hispanic Resource Center of Coastal Virginia to support 14 the Hispanic Heritage Celebration. 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: :udget and Management ervices Cit ne s Office CA15548 R-1 September 20, 2021 V3 Virginia Beach COMMUNITY SERVICES MICRO-GRANT APPLICATION Organization Name: Hispanic Resource Center of Coastal Virginia Address: 332 N Great Neck Road Suite 106 Virginia Beach. VA 23454 Phone: 7579154722 Email: l z@hrccovaorg Amount of funding requested: $5000.00 (5250 minimum/55,000 maximum) City Council Sponsorship: As a member of the Virginia Beach City Council, I hereby authorize my support of this application only for consideration and potentil ap oval by the City Manager. City Council Member Printed Name/Signature Date Organization Status/Category Please select the option below that nest oescnbes your 501(c)(3) organization: ,/ Tax exempt under Section 501(c)(3) of the Internal Revenue Code with a valid tax exempt number. 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. 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. Page 1 of 3 , 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 E /No ❑ If yes, please select the organization. ❑ American Cancer Society ❑ American Diabetes Association ❑ United Way ❑ American Heart Association ❑ Children's Miracle Network ❑ N/A ❑ Other Supporting Documentation 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). Yes,this program creates an opportunity to Virginia Beach community members to foster conversations and build relationships between individuals of different backgrounds in a festive setting. This event will be free of charge to all students. This will allow students to have exposure and education of a culture that is multidimensional and multifaceted. In addition, it is an opportunity to showcase local Virginia Beach Hispanic artists. Hispanic Heritage Month is a tribute to Hispanic Americans who have had a positive impact on society. This tribute is less about Hispanics celebrating their own culture and traditions from September 15 to October 15, but more about their institutions recognizing the community's efforts and accomplishments. Hispanic Heritage Month is an opportunity to create visibility, foster acceptance, and allow second and third generations of Hispanics to understand, appreciate, and feel more connected to their ancestry. 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 timeline (No more than 1,000 words). See attached 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. NO Page 2of3 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: Hispanic Resource Center of Coastal Virginia (Printed Name) Authorized Agent: Elizabeth Torres (Printed Name) Authorized Agent: Executive Director ' ted Title) Authorized Agent: (Signature) Date: 09/09/2021 Page 3 of 3 The Hispanic Resources Center of Coastal Virginia was prematurely opened March 25th of 2020, in the midst of one of the worst health crisis in the contemporary history of the United States: the pandemic caused by the novel coronavirus COVID-19, in order to provide support and resources to the Hispanic community living on the Virginia Coast, who- according to official figures from the Virginia Department of Health - accounted for at that time, about 46%of the cases of infections, where ethnic origin was provided. This pandemic did not only bring a health crisis, but it also affected us all in so many ways. With the closure of businesses, we faced severe economic hardship throughout the community. Thousands of families were left without a job. Children faced educational challenges due to school closings and virtual learning. These reasons led us to open before our March 01, 2021, grand opening. To better serve our community were join forces with different organizations and community groups. This allowed us to supply the basic healthcare, food, and economic needs to our community. Within 30 days of our opening, we were able to offer COVID-19 testing thru the assistance of our partners at Sentara. In addition, we held weekly food distributions with the collaboration of many local restaurant businesses, and the donations of Mr. Pharrell Williams. Further down the road we were able to partner with Peninsula Food Bank as well. Our community services gained the interest of our local United Way who has become one of our partners and has allowed the HRC to case manage families applying for financial emergency assistance thru their Unite us Portal link. This has been of great assistance, as we have been able to alleviate the language barriers within the community. As Hispanic community members can be serviced thru the HRC in their native language. This has allowed us to gain the trust withing our community. The HRC has held Health Fairs of great magnitude, in which different organizations met to provide, free of charge and in Spanish, all kinds of useful information regarding health and disease prevention, education, immigration, prevention of domestic violence, among many others. We have served thousands of members of our community from all different walks of life and ethnicities. We offer the following programs: * We organize conferences focused on health prevention and the integral well-being of our clients, making available free COVID-19 exams, Influenza vaccines or information on cardiovascular or ocular health, as well as making referrals for organizations in their area that can provide free or low-cost health services, among others. * We focus on connecting our clients with other services, such as support services for victims of domestic violence, we also help them fill out applications for food stamps, Medicaid, Medicare, among others. * We offer guidance in civil services related to the defense of human rights, labor rights, among others. * We have free document translation services and Spanish-English interpretation services for our clients. We also notarize documents, as we have 2 notaries in the office. * We connect the community of the area with the Consulates of their respective countries of origin, collaborating with application procedures for passports, birth certificates or death certificates, cyclical records, powers of attorney, among others. * We offer transportation service to Consulates located in DC and Maryland, scheduled monthly whenever the conditions for travel are given in the middle of the Pandemic. * We offer educational tutoring for elementary to high school students, in addition, counseling in Spanish to parents and guardians, connecting them with schools,teachers, available programs, helping them fill out college applications, etc. * We offer basic information on immigration issues and connect our clients with Lawyers. * We promote meetings with officials, legislators, and elected representatives in the state to serve as the voice of the community. * We participate in local, state, and national meetings Currently the HRC has been heavily involved in vaccination outreach to the Hispanic Community. We have held over 300 vaccination clinics with the assistance of Sentara, Chesapeake Regional, Riverside and Hampton University Mobile Unit. So far, we have vaccinated over 20,000 Hispanics throughout Hampton Roads and counting. We have provided translation services for several vaccination clinics as well as health literature, PSA and seminars to our community informing them of the importance of getting vaccinated. Together we help families achieve integral well-being,this is our passion: to serve- connect- empower, educate, and support our community. It is amazing to say that we have been able to accomplish this due to the support of our volunteers and community members. We are very grateful for the generosity of the contributions we have received to stay operational. In continuing our effort to offer education and awareness to our communities. The Hispanic Resource Center prides itself in being a diverse equitable and inclusive organization that provides education and exposure of the Latin cultures. Our yearly Hispanic Heritage Celebration event will educate and bring communities together to celebrate and explore Latino cultures through innovative dance productions and strengthen our diverse community. Hispanic Heritage Month celebrates the history and countless contributions that Latinos have made to the nation over the years. This month we also honor the cultural richness of Hispanics, who come from Mexico, Central America,South America, and the Caribbean. It is celebrated from September 15 to October 15. This time was chosen because there are several Latin American independence days celebrated during that time, including Costa Rica, El Salvador, Guatemala, Honduras, and Nicaragua (who all celebrate their Independence Day on September 15th), Mexico (which celebrates its Independence Day on September 16th) and Chile (which celebrates its Independence Day on September 17th). We celebrate our heritage by educating and brining a deeper insight to the different Latin customs and cultures from all over Latin America. The total cost for this event is 150K. Our event date is scheduled for the 15th of October. We currently have the support of Sentara, Que Pasa Virgina, Lisc, Hampton Roads Foundation, Dominion Energy, and the Virginia Hispanic Chamber of Commerce. $5000. 00 SPONSORSHIP Includes the following: • Visibility of logo in festival marketing to include: • Logo showcased on the front page of the HRC& Que Pasa Virginia (QPV) Magazine websites • Virtual Poster on our Weekly Newsletter& Social Media Platforms (Facebook, Instagram, Twitter, Linked-In) • Virtual Tickets to HRC Hispanic Heritage Assemble • Hyperlinked Logo on the HRC and Que Pasa Virginia (QPV) Magazine website • Logo on the Program of Events • TV, radio & newspaper promotions throughout Hampton Roads • And a testimonial article as to WHY was it important for your organization to support this event on QPV. 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: 1-6.P.DuiL. _i“-tAlf2- C)c-- SECTION 2. SERVICES DISCLOSURE Are any of the following services being provided in connection with the applicant? If the answer to any item is YES, please identify the firm or individual providing the service: YES NO SERVICE PROVIDER (use additional sheets if needed) Ea Accounting and/or preparer of your tax return Financial Services (include 111/1ending/banking institutions and current mortgage holders as applicable) 'Legal Services Broker/Contractor/Engineer/Other Service Providers CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand I am responsible for updating the information provided herein if it changes prior to the Council action upon this Application. 07/-0. 41 )002-PS 7 z I PLIC T' IGNATURE PRINT NAME DATE ( S) 4ti�w CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to Accept $42,709 from the Commonwealth for Community Corrections and Pretrial Services MEETING DATE: October 5, 2021 • Background: In the fall of 1994, the Virginia General Assembly held a Special Session to consider legislative measures related to crime enforcement. Among the acts passed that special session was an omnibus bill that included provisions authorizing local governments to establish community-based probation agencies as well as pretrial services. Virginia Beach established both. Today, these agencies are operated as the Division of Community Corrections and Pretrial Services within the Department of Human Services. Community Corrections provides sentencing alternatives, such as community service, home incarceration, electronic monitoring, and substance use disorder testing and treatment, for individuals convicted of certain misdemeanors or non-violent felonies that carry jail sentences of 12 months or less. The Pretrial Services program provides information and investigative services to judicial officers to help judges and magistrates decide if an individual awaiting trial ought to be held or if such individual can be released under supervision. In support of the legislation enacted in 1994, the General Assembly provides annual appropriations to allow cities and counties in the Commonwealth to sponsor and maintain these services. Virginia Beach has received Community Corrections and Pretrial Services grants from the Virginia Department of Criminal Justice Services since FY 1996. • Considerations: The City budgets funding for Community Corrections and Pretrial Services in the Operating Budget. The amount estimated in the FY2021-22 Operating Budget is based on the amount in the prior year. In the Commonwealth's recent revision to the biennial budget, Chapter 552 of the Acts of Assembly 2021 Special Session I, the amount provided by the Commonwealth increased by $42,709, so this action is needed to recognize the increase in funding from the Commonwealth. • Public Information: Normal Council Agenda process. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Department of Human Services City Manager: po 1 AN ORDINANCE TO ACCEPT $42,709 FROM THE 2 COMMONWEALTH FOR COMMUNITY CORRECTIONS 3 AND PRETRIAL SERVICES 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA THAT: 7 8 $42,709 is hereby accepted from the Virginia Department of Criminal Justice 9 Services to the FY 2021-2022 Department of Human Services Operating Budget for the 10 Community Corrections and Pretrial Services, because that amount is in excess of the 11 estimate that was the basis of the adopted FY2021-22 Operating Budget. 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 • tt ey's Office CA15549 R-1 September 21, 2021 L. PLANNING 1. LYNNHAVEN DIVE CENTER,LLC/BLUE WATER PROPERTIES,LLC&SLMD,LLC for a Conditional Use Permit re vocational school and a Variance to Section 4.4(b) of the Subdivision Regulations re lot width at 2204 Poplar Point Road & 1413 North Great Neck Road DISTRICT 5 —LYNNHAVEN RECOMMENDATION: APPROVAL 2. TVT I, LLC, D/B/A TOWER VENTURES C/O LOU KATZERMAN / PLEASANT VALLEY ASSOCIATES, LLC, for a Modification of Conditions re communication tower at 4221 Pleasant Valley Road DISTRICT 1 —CENTERVILLE RECOMMENDATION: APPROVAL 3. YVONNE LEE HYPES LUCAS & ESTHER DIANE SCHNEIDER, CO-EXECUTRIXES OF THE ESTATE OF VARENIA CRAIG HYPES RYAN for a Change of Zoning from B-1 Neighborhood Business District to R-5R Residential Resort District re single-family dwelling at 4504 Guam Street DISTRICT 4—BAYSIDE RECOMMENDATION APPROVAL 4. JENITA WHITE for a Conditional Use Permit re family day-care home at 1109 Malcoms Way DISTRICT 2—KEMPSVILLE RECOMMENDATION APPROVAL 5. Ordinances to AMEND City Zoning Ordinances (CZO): a. Section 602 re dimensional requirements in Apartment Districts b. Section 1306 re ADD assembly uses as Conditional Uses in Historic and Cultural Districts RECOMMENDATION APPROVAL u l 6.. 4 1/4„....,../ ,...t.,.. .,„,. NOTICE OF PUBLIC HEARING A Public Hearing of the Virginia Beach City Council will be held on Tuesday,October 5,2021 at 6:00 p.m.In the Council Chamber at City Hall,Building 1,2^^Floor at 2401 Courthouse Drive,Virginia Beach,VA 23456.Members of the public will be able to observe the City Council meeting through livestreaming on www.vbgov.com, broadcast on VBTV,and via WebEx.Citizens who wish to speak can sign up to speak either in-person at the Council Chamber or virtually via WebEx by completing the two-step process below.All interested parties are invited to observe. If you wish to make comments virtually during the public hearing,please follow the two-step process provided below: 1. Register for the WebEx at httos://vbgov.webex.com/vbgov/onstage/g.on_OMTID-e4e51f2616a854 6ab20a635c7dd27f6e0 2. Register with the City Clerk's Office by calling 757-3854303 prior to 5:00 p.m.on October 5,2021. The following requests are scheduled to be heard: Lynnhaven Dive Center,LLC(Applicant)Blue Water Properties,LLC&SLMD,LLC (Property Owners)Conditional Use Permit(Vocational School)Subdivision Variance (Section 4.4(b)of the Subdivision Regulations)Addresses: 2204 Poplar Point Road, 1413 N Great Neck Road GPIN(s):2408185645, 2408185832 Council District Lynnhaven TVT I,LLC,d/b/a Tower Ventures C/0 Lou Katzerman(Applicant)Pleasant Valley Associates, LLC (Property Owner) Modification of Conditions (Communication Tower) Address: 4221 Pleasant Valley Road GPIN(s): 1475047711 Council District Centerville Yvonne Lee Hypes Lucas&Esther Diane Schneider,Co-Executrixes of the Estate of Varenia Craig Hypes Ryan (Applicants & Property Owners) Rezoning (B-1 Neighborhood Business District to R-5R Residential Resort District)Address:4504 Guam Street GPIN(s):1570618235 Council District Bayside Jenita White(Applicant&Property Owner)Conditional Use Permit(Family Day-Care Home) Address: 1109 Malcoms Way GPIN(s): 1466304744 Council District Kempsville CITY OF VIRGINIA BEACH-An Ordinance to amend Section 602 of the City Zoning Ordinance pertaining to dimensional requirements in Apartment Districts. CITY OF VIRGINIA BEACH-An Ordinance to amend Section 1306 of the City Zoning Ordinance to add assembly uses as Conditional uses in the Historic and Cultural Districts. 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.Staff Reports will be available on the webpage 5 days prior to the meeting. If you require a reasonable accommodation for this meeting due to a disability, please call the City Clerk's Office at 757-385-4303.If you are hearing impaired, you can contact Virginia Relay at 711 for TDD service. The meeting will be broadcast on cable TV,www.vbgov.com and Facebook Live. Please check our websrte at www.vbgov.com/government/departments/city- clerk/city-council for the most updated meeting information. All interested parties are invited to participate. Amanda Barnes City Clerk BEACON-SEPTEMBER 19&26,2021-1 TIME EACH .__________V \ \ \ \ \ \\ \ Q o c \ / \ e? 0Ni‘ ,� B2 ti4o• - \ --4 7'.\ 0 \ 6 \s-- B2 o �\ B=2 o A-12 V R10 ;� N. R20 .. Q� 0 \2 ,� d/4\ #41, ‘o, , B2 :az a \ 1, lk \- //jQ rpo . ,; ,,,L Zy 6R20 ; �q B2 , \ .0 /---, 7 O \ R 10 N VA Site Lynnhaven Dive Center, LLC W '`) �- Property Polygons 2204 Poplar Point Road, Q Zoning 1413 N Great Neck Road Building Feet 0 25 50 100 150 200 250 300 if,E (,,ate S [ ,rpv,iti-z,,, zji CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: LYNNHAVEN DIVE CENTER, LLC [Applicant] BLUE WATER PROPERTIES, LLC & SLMD, LLLC [Property Owners] Conditional Use Permit (Vocational School) & Subdivision Variance (Section 4.4(b) of the Subdivision Regulations for Lot Width) for the properties located at 2204 Poplar Point Road & 1413 North Great Neck Road (GPINs 2408185832, 2408185645). COUNCIL DISTRICT — LYNNHAVEN MEETING DATE: October 5, 2021 ■ Background: The applicant seeks to relocate and expand the existing dive facility to the adjoining parcel along Poplar Point Road. The proposed 9,000 square foot diver training and certification operation is classified as a Vocational School per the City's Zoning Ordinance. A Conditional Use Permit is required for vocational schools greater than 7,500 square feet when located in the B-2 Community Business District. This operation also includes the maintenance of the existing retail portion of the business in a separate building, which will continue to front along Great Neck Road. As part of the upgrades to the business, the applicant also seeks to consolidate five parcels into a single "L-shaped" lot that will have frontages on N. Great Neck Road and Poplar Point Road. Per the Subdivision Ordinance, a parcel's minimum lot width is measured at the narrowest portion fronting a public street, which is Poplar Point Road in this instance. The minimum lot width for a parcel located within the B-2 Community Business is 100 feet. The proposed lot is 92.5 feet wide on Poplar Point Road; therefore, a Subdivision Variance is required. A large in-ground swimming pool, classrooms and offices are planned within the new diver training building. The submitted elevations depict a building with a metal roof, fiber cement siding, split face CMU base, and an imitation beach grass canopy that matches the existing retail building. • Considerations: The request will improve the aesthetics of the area while providing expanded space to operate, both of which contributes to the educational support and recreational amenities for Virginia Beach residents who desire to obtain diver training and certification. Lynnhaven Dive Center, LLC Page 2 of 3 Per Section 203 of the Zoning Ordinance, a minimum of 17 parking spaces are required for the proposed 9,000 square foot dive facility that contains 34 seats; and 8 parking spaces are required for the 2,000 square foot retail building. The submitted layout depicts 24 on-site parking spaces. Based on the deficiency that has existed prior to this application, the commercial center has a shared parking agreement with the adjacent retail property to the north in order to address the deficiency. Based on Section 203(b)(10) of the Zoning Ordinance, shared parking can be accommodated between properties within 500 feet; therefore, the parking requirement is met. The proposed redevelopment of the property includes a reduction in the number of vehicular ingress/egress points along North Great Neck Road from two to one, thereby reducing potential conflict points and improving safety. Streetscape and foundation plantings are proposed where none exist today, thereby bringing the property into compliance with these minimum required standards. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. There is no known opposition to this request. ■ Recommendation: On September 8, 2021 , the Planning Commission placed this application on the Consent Agenda to recommend approval by a recorded vote of 10-0. 1 . When the property is redeveloped and landscaped, it shall be in substantial conformance with the submitted concept plan entitled, "Lynnhaven Dive Center — Virginia Beach, VA — Conceptual Planting Plan", prepared by Timmons Group, dated June 29, 2021, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 2. When the property is redeveloped, the exterior of the dive center building shall substantially adhere in appearance, size and materials to the elevations and renderings entitled, "Lynnhaven Dive Center — Virginia Beach, VA — Exterior Elevations / Exterior Views", prepared by TMA Tymoff+ Moss Architects, dated July 1 , 2021, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 3. Prior to site plan approval, the applicant/owner shall submit a subdivision plat vacating the interior property lines to the Department of Planning & Community Development for review, approval, and recordation. 4. Any onsite signage shall meet the requirements of the City Zoning Ordinance, unless otherwise approved by the Board of Zoning Appeals, and there shall be no neon, other than individual channel letters lighted with internal neon and as approved by the Zoning Administrator, or electronic display signs or accents, installed on any wall area of the exterior of the building, in or on the windows, or on the doors. There shall be no window signage permitted. The building signage shall not be a "box sign" and the proposed sign package shall be Lynnhaven Dive Center, LLC Page 3 of 3 submitted to the Zoning Administrator for review and acceptance prior to the issuance of a sign permit. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department 0 0 City Manager:pV Applicant Lynnhaven Dive Center, LLC Agenda Items Property Owners Blue Water Properties, LLC & SLMD, LLC 3 & /� Planning Commission Public Hearing September 8, 2021 `� cityof City Council Election District Lynnhaven Virginia Beach Requests #3-Conditional Use Permit (Vocational School) #4-Subdivision Variance (Section 4.4(b)of -Athe Subdivision Regulations for Lot Width) �� ova +`'`4 . t Staff Recommendation �' Ni. �,,�t'Approval ' Staff Planner I at Hoa N. Dao =` 1 4 Location i t 4 2204 Poplar Point Road& 1413 North Great tit .. Neck Road GPINs 2408185832,2408185645 110 JR Illar Site Size 01 � 35,300 square feet �� 41 AICUZ Less than 65 dB DNL Watershed Chesapeake Bay 400. s Existing Land Use and Zoning District * Retail,vocational school,office/B 2 , Community Business `• ` ,. ,i« Surrounding Land Uses and Zoning Districts ..:`� `- • 4 North ' ,. • . , Retail /B-2 Community Business .-,e -'• South _ r ,;-' 4' Poplar Point Road - - , 1 ";s ..i Automobile service station, retail/B-2 � p.f:Q ' y, i Community Business ,' �` ./ is e • 3,,y, �• e. 1 ,p .. `u: East err y,.. North Great Neck Road Automobile service station, restaurants/B-2 =i �. 4.-- , .• ' CommunityBusiness West Drive aisle,single-family dwellings/R-10 Residential, B-2 Community Business Lynn haven Dive Center, LLC Agenda Items 3 &4 Page 1 Background & Summary of Proposal • The applicant seeks to expand and relocate the existing dive facility to the adjoining parcel.The proposed facility is 9,000 square feet and offers diving training and certification,which for zoning purposes is classified as a Vocational School.A Conditional Use Permit is required for vocational schools greater than 7,500 square feet in the B-2 Community Business District. • The applicant also seeks to consolidate five parcels into a single lot.The new"L-Shape"configuration will have frontages on N. Great Neck Road and Poplar Point Road.The Subdivision Ordinance measures lot width at the narrowest portion fronting a public street,which is Poplar Point Road in this instance.The minimum lot width for a lot located within the B-2 Community Business is 100 feet.The proposed lot is 92.5 feet wide on Poplar Point Road; therefore,a Subdivision Variance is required. • The submitted elevations depict a building with a metal roof,fiber cement siding,split face CMU base, and an imitation beach grass canopy that matches the existing retail building. • Per Section 203 of the Zoning Ordinance, a minimum of 17 parking spaces are required for the proposed 9,000 square foot dive facility that contains 34 seats; and 8 parking spaces are required for the 2,000 square foot retail building.The submitted layout depicts 24 on-site parking spaces. Based on the deficiency that has existed prior to this application,the commercial center has a shared parking agreement with the adjacent retail property to the north in order to address the deficiency. Based on Section 203(b)(10) of the Zoning Ordinance,shared parking can be accommodated between properties within 500 feet;therefore,the parking requirement is met. • The proposed redevelopment of the property includes a reduction in the number of vehicular ingress/egress points along North Great Neck Road from two to one. • Streetscape and foundation plantings are proposed where none exist today,thereby bringing the property into compliance with these minimum required standards. • The proposed hours are Monday through Friday from 10:00 a.m.to 7:00 p.m.,Saturday from 9:00 a.m.to 6:00 p.m., and Sunday from 10:00 a.m.to 4:00 p.m. Minimum Lot Area Lot Area Minimum Lot Width Lot Width (square feet) (square feet) (feet) (feet) Existing Lots Less than 16,800 Less than 92.5 20,000 100 Proposed Lot 35,300 92.5 Lynnhaven Dive Center, LLC Agenda Items 3 &4 Page 2 A C �«yt r 171) f tt'° Zoning History ' _ 0 / ‘ ` \o # Request e • , t.°� 1 CUP(Tattoo Parlor)Approved 01/21/2020 •jQae v. 2 CUP(Church Addition)Approved 12/12/2000 � j� 3 CUP(Automobile Repair)Approved 06/09/1992 I. ' * 6 w > a �� G,.l '6' -,\\ IP \_r-,-,, ---4e. --“,, ,---,‘—, ' .—>, , ,..4.? 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 The request to expand and relocate the existing dive facility to the adjoining parcel and to consolidate the parcels into a single lot, in Staff's opinion, is acceptable.The existing 3,050 square foot dive facility and associated 2,000 square foot retail store currently operates at 1413 N. Great Neck Road. With this proposal,the dive facility will be relocated to the adjoining parcel while the retail store will remain at its current location.The dive facility will be expanded to 9,000 square feet to include a large in-ground swimming pool, classrooms, and offices.The request will improve the aesthetics of the area while providing expanded space to operate, both of which contributes to the educational support and recreational amenities for Virginia Beach residents who desire to obtain diver training and certification.This is in line with the recommendations for the Suburban Area identified in the Comprehensive Plan. Section 9.3 of the Subdivision Regulations states: No variance shall be authorized by the Council unless it finds that: A. Strict application of the ordinance would produce undue hardship. B. The authorization of the variance will not be of substantial detriment to adjacent property,and the character of the neighborhood will not be adversely affected. C. The problem involved is not of so general or recurring a nature as to make reasonably practicable the formulation of general regulations to be adopted as an amendment to the ordinance. D. The hardship is created by the physical character of the property, including dimensions and topography,or by other extraordinary situation or condition of such property,or by the use or development of property immediately adjacent thereto. Personal or self-inflicted hardship shall not be considered as grounds for the issuance of a variance. E. The hardship is created by the requirements of the zoning district in which the property is located at the time the variance is authorized whenever such variance pertains to provisions of the Zoning Ordinance incorporated by reference in this ordinance. As mentioned above,the proposal also includes the consolidation of five parcels into a single lot with frontages on N. Great Neck Road and Poplar Point Road.The proposed "L-Shape" is 35,300 square feet in size, exceeding the minimum lot area of 20,000 square feet requirement of the B-2 Community Business District.The minimum lot width of 100 feet is Lynnhaven Dive Center, LLC Agenda Items 3 &4 Page 3 met for the property line along N. Great Neck Road.The lot width along Poplar Point Road is 7.5 feet shy of meeting the minimum lot width requirement;thereby, necessitating the need for the variance. The request would reduce the degree of nonconformity by consolidating the five smaller parcels into one large lot, meeting the requirements of Section 9.3 of the Subdivision Regulations. The Conceptual Planting Plan indicates the closure of one of the two access points on N.Great Neck Road;thereby, improving traffic movements and reducing the potential for conflicts. In addition,with the redevelopment of the site, the required streetscape and foundation plantings will be installed which are lacking today,thereby, bringing the site into compliance with the Zoning Ordinance's landscape screening requirements. In sum,as the proposal will bring the site into compliance with current regulations regarding lot area by consolidation of properties, the required streetscape and foundation plantings, and the design will improve motorist and pedestrian safety with the reduction in the number of access points on N. Great Neck Road, Staff recommends approval of these requests subject to the conditions noted below. Recommended Conditions 1. When the property is redeveloped and landscaped, it shall be in substantial conformance with the submitted concept plan entitled, "Lynnhaven Dive Center—Virginia Beach,VA—Conceptual Planting Plan", prepared by Timmons Group,dated June 29, 2021,which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning&Community Development. 2. When the property is redeveloped,the exterior of the dive center building shall substantially adhere in appearance, size and materials to the elevations and renderings entitled, "Lynnhaven Dive Center—Virginia Beach,VA—Exterior Elevations/Exterior Views", prepared by TMA Tymoff+Moss Architects,dated July 1,2021,which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning&Community Development. 3. Prior to site plan approval,the applicant/owner shall submit a subdivision plat vacating the interior property lines to the Department of Planning&Community Development for review,approval,and recordation. 4. Any new onsite signage shall meet the requirements of the City Zoning Ordinance, unless otherwise approved by the Board of Zoning Appeals,and there shall be no neon,other than individual channel letters lighted with internal neon and as approved by the Zoning Administrator,or electronic display signs or accents, installed on any wall area of the exterior of the building, in or on the windows,or on the doors.There shall be no window signage permitted.The building signage shall not be a "box sign"and the proposed sign package shall be submitted to the Zoning Administrator for review and acceptance prior to the issuance of a sign permit. 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. Lynnhaven Dive Center, LLC Agenda Items 3 &4 Page 4 Comprehensive Plan Recommendations The property is located within the City's suburban area, which the Comprehensive Plan envisions for creating and maintaining "Great Neighborhoods" and designating compatible developments and uses to maintain neighborhood stability. Additionally, creation of"Great Neighborhoods" should be with properly balanced and integrated residential and commercial use districts. Therefore,the renewal of both districts is encouraged to sustain neighborhood stability and high-quality standard of living for the residents. The Comprehensive Plan also underlines the importance of facilities and institutions, such as religious uses, community centers, and schools, supporting the social aspect, education, and quality of life of the residents. Natural & Cultural Resources Impacts The site is located in the Chesapeake Bay watershed. There does not appear to be any significant natural resources associated with the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic N. Great Neck Road 45,800 ADT' 55,000 ADT'(LOS 4"D") Existing Land Use 2-No Data Available Proposed Land Use 3-No Data Available Poplar Point Road No Data Available 'Average Daily Trips 2 No information available in the 3 No information available in the 4 LOS=Level of Service ITE Trip Generation Manual for ITE Trip Generation Manual for diving center with retail and diving center with retail office/warehouse building Master Transportation Plan (MTP) and Capital Improvement Program (CIP) N. Great Neck Road, in the vicinity of this site, is a six-lane suburban arterial with variable right-of-way width. The MTP shows a divided highway with a bikeway and an ultimate right-of-way width of 120 feet. There are currently no CIP scheduled for this segment of N. Great Neck Road. Poplar Point Road is a two lane collector roadway that intersects with N. Great Neck Road and Mill Dam Road at a signalized intersection. This signalized intersection currently operates under capacity. Public Utility Impacts Water The property is connected by City water.There is an existing eight-inch water main along Poplar Point Road and 16-inch water main along N. Great Neck Road. Sewer The property is connected by City sanitary sewer.There is an existing eight-inch sewer gravity main along Poplar Point Road and N. Great Neck Road. There is also a 16-inch HRSD sewer force main along N. Great Neck Road. Lynnhaven Dive Center, LLC Agenda Items 3 &4 Page 5 Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s) was placed on the property on August 9, 2021. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, August 22, 2021 and August 29, 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 August 23, 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 September 2, 2021. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, September 19, 2021 and September 26, 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 September 20, 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 October 1, 2021. Lynnhaven Dive Center, LLC Agenda Items 3 &4 Page 6 Conceptual Planting Plan - .. - — J m `" - fib ' I. ` , - ice` �. A,. �``') ' ■f I i 0 1 6 6 M to } 0 0 0 to C. I II ., !r44,,. ' a.>1 �, uI I L `` I 1 ,,.i iti _ 1 I i 1 n CdOK c113HIlCD cl KW O � Lynnhaven Dive Center, LLC Agenda Items 3 &4 Page 7 Proposed Lots Reconfiguration M- ....1; ;fit .• "' J ., I PM)41,001111•1100 EXISTING =, `' t r i `d` Ii 9 0 i .11i F Fi�M� t - - r..-_---_. -.rw /�� Ir�-\� : MORM GAG.WOW ROW '. _ 1� IMO ,.< Ott 1 T.; t . �f _, PROPOSED PROPERTY LINES _ � ', ..� .4, I,. Is TO BE VACATED >._.d= i. , ii i iiMIN JA•11.01.41,31 - t r, E 0! Ii p KO:„....,, :OA . I - i r .o. .r,a � ..... Lynnhaven Dive Center, LLC Agenda Items 3 &4 Page 8 Proposed Elevation Plan t 4 .:l Y y .I_ 1 i i ., 'bi. I 0 . 1 k . 1 . 1 a I , . ; 4. I1 IIr.t i i I AIt? oi r 3S{ I l _ _ o@Z Q� mill �( , �u I a 1 1 Lynnhaven Dive Center, LLC Agenda Items 3 &4 Page 9 Proposed Building Renderings ...................................... F. ..''''...:: :::;'*-.'„,,7 0010H. 1,7, I: 7 L171 1 ! LI, II - =_dam - _•�/-• Lynnhaven Dive Center, LLC Agenda Items 3 &4 Page 10 Proposed Floor Plan 1ST FLOOR 7-jill-r'—' .-1.11 .71.....-----11.. ....... "15--- t -. .V, .;-t 1:."' z •• • 1 / r J , .) • -) 1005 f,, . I 1- • I . CPar ::3 --mo N.P1:0010 Rm.3-•1 1; i..31.,b4J Z , . ' .3'••=, i . k 0--4.1.1116/313:GU 13 ALM LIMO OM MAX I.) • 7- w-o. NJ.I ..""JP NM • +V!AIM i : W9991 %! ._:.1_3.•. 4, 9.A.,..00. • 3311 mow S-4..S5 Ts , MEW 0070 00 %MPS 7_IEW X0I IMMIN . rt .--t '-----1.:. :'•J .. ... _.% *......,..„, /'''''' . LOW.d110310P IOW. OP 19 NA MIMI Cut Ift WAN . 91INWAFIAWS9111,a1MAKIIMMIPM9X9:4541029N1 I ''z Mil '""" 1 —1 — ---"' C 3 • -, _ _ C 3 - • . R ° C 3 I g ' . ,_,, • ;) 1 ' ;.' .'.2 2ND FLOOR •> ,,,,... LQAval* .i. ...._.., SEAS t . II . '?.. I . 1•e !Tv , I. 1 [ I ,1 . - El . --.-. - -- ., . 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" t '� Y S.wry Al 111 —St �' F CEO _-_ Lynnhaven Dive Center, LLC Agenda Items 3 &4 Page 13 Disclosure Statement DocuSign Envelope ID CB2B1856-79DA-402F-ABOE-OF7E33ECBEB8 Disclosure Statement \33 Crty of roginn Bade 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 Lynnhaven Dive Center,LLC Does the applicant have a representative? © Yes El No • If yes,list the name of the representative. Axis Global Enterprises Inc.-Ross Vierra,President Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? IS]Yes ❑ No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Lindsey Hillier,President LDC • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) "Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. -"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11-09 2020 1 Lynnhaven Dive Center, LLC Agenda Items 3 &4 Page 14 Disclosure Statement DocuSion Envelope ID'Ct2B1B56-79DA-402F-AB08-0F7E33ECBEBS Disclosure Statement V13 City of Virginia Bauch Planning&Community Development Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes ® No • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? IS]Yes ❑ No • If yes,identify the financial institutions providing the service. TBD 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes x❑ No • If yes,identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?®Yes D No • If yes,identify the firm and individual providing the service. Stuart and Associates 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 D No • If yes,identify the firm and individual providing the service. Timmons Group,Tymoff and Moss Architecture 5. Is there any other pending or proposed purchaser of the subject property?❑Yes r 4 No • If yes,identify the purchaser and purchaser's service providers. Revised 11.09.2020 2 Lynnhaven Dive Center, LLC Agenda Items 3 &4 Page 15 Disclosure Statement DocuSign Envelope ID.CB2B1856-79DA-402F-A808-0F7E33ECBEB6 Disclosure Statement NA3 City of Virvinio Stud'. Planning&Community Development 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?®Yes ❑ No • If yes,identify the company and individual providing the service. Axis Global Enterprises Inc. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?®Yes 0 No • If yes,identify the firm and individual providing the service. Timmons Group 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?®Yes 0 No • If yes,identify the firm and individual providing the service. R.1.Nutter,Troutman Pepper 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. Dotusprfo Or Appl C1345063C1660.86 Print Name and Title 6-29-2021 Ross Vierra CEO'President Date Is the applicant also the owner of the subject property? E]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 D to 09.16.2021 SIgnstu e °*`t N•"'• Hoa N Dao Revised 11.09.2020 3 Lynnhaven Dive Center, LLC Agenda Items 3 &4 Page 16 Disclosure Statement DocuSign Envelope ID CB2B1856-790A-402F-AB08-0F7E33ECBEB8 Disclosure Statement City fr- i,al Sandi Planning&Community Development Owner Disclosure Owner Name SLMD,LLC(Lindsey Hillier)&Blue Water Properties,LLC(Lindsey Hillier) Applicant Name Lynnhaven Dive Center,LLC Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business? ®Yes D No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Lindsey Hillier,President • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity`relationship with the Owner. (Attach a list if necessary) Lynnhaven Dive Center(Affiliated business entity) Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes ® No • If yes,what is the name of the official or employee and what is the nature of the interest? "`Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. °"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11 09-2020 5 I Lynnhaven Dive Center, LLC Agenda Items 3 &4 Page 17 Disclosure Statement DocuSign Envelope ID-CB2B1 B56-790A-402F-AB08-OF7E33ECBEBB Disclosure Statement Cuy u/V.-vim,:Bed Planning&Community Development Owner Services Disclosure 1. Does the Owner have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ©Yes ❑ No • If yes,identify the financial institutions providing the service. TBD 2. Does the Owner have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes ® No • If yes,identify the company and individual providing the service. 3. Does the Owner have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?®Yes ❑ No • If yes,identify the firm and individual providing the service. Stuart Accounting 4. Does the Owner have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property? X❑Yes D No • If yes,identify the firm and individual providing the service. Timmons Group,Tymoff and Moss Architecture 5. Is there any other pending or proposed purchaser of the subject property?❑Yes ® No • If yes,identify the purchaser and purchaser's service providers. 6. Does the Owner have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?®Yes ❑ No • If yes,identify the company and individual providing the service. Axis Global Enterprises Inc 7. Does the Owner have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?®Yes 0 No • If yes,identify the firm and individual providing the service. Timmons Group Revised 11.09.2020 6 Lynnhaven Dive Center, LLC Agenda Items 3 &4 Page 18 Disclosure Statement DocuSign Envelope ID CB281B56-79DA-402F-ABOS-OF7E33ECBEB8 Disclosure Statement Planning&Community _.: Development 8. Is the Owner receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?©Yes ❑No • If yes,identify the firm and individual providing legal the service. R.J.Nutter,Troutman Pepper Owner Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. DocuSgned by Owner Signature Lindsey Hillier Print Name and Title 6-29-2021 Lindsey Hillier Owner Date Revised 11.09.2020 7 I P a g Lynnhaven Dive Center, LLC Agenda Items 3 &4 Page 19 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • 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. Lynnhaven Dive Center, LLC Agenda Items 3 &4 Page 20 Virginia Beach Planning Commission September 8, 2021 Public Meeting Agenda Items # 3 & 4 Lynnhaven Dive Center [Applicant] Blue Water Properties, LLC & SLMD, LLC [Property Owners] Conditional Use Permit (Vocational School) Subdivision Variance (Section 4.4(b) of the Subdivision Regulations) 2204 Poplar Point Road, 1413 N. Great Neck Road RECOMMENDED FOR APPROVAL—CONSENT Mr. Wall: The next agenda item is actually two items, agenda items three and four for Lynnhaven Dive Center for conditional use permit for vocational school, as well as subdivision variance, section 4.4(b) of the subdivision regulations. The address is 2204, Poplar Point Road and 1413 North Great Neck Road. Is their representative for this item? Mr. Rossfear: Good afternoon, Mr. Chairman. Rossfear with Access Global Enterprises representing Lynnhaven Dive Center. Mr. Wall: Thank you, are the conditions acceptable? Mr. Rossfear: They are. Mr. Wall: Okay. Mr. Rossfear: I'm very much looking forward to this project. This is a four-year project. Mr. Wall: Okay. Is there any opposition for this item to be placed on the consent agenda? Mr. Rossfear: Not that I know. Mr. Wall: Okay. Go ahead. Mr. Rossfear: I just wanted to say on behalf of the family that is building this, this is a 40 year old project. Lynnhaven Dive Center has been serving the community for 40 years,just recently, Big Mike Hiller, passed away fighting an 18 year battle with cancer. And there's a great photo of him and his son, little Luke at the time, and Mike digging this pool originally out by hand back in the early 80s. And they're very excited now to bring a whole new generation of divers and swim leaders in the community. So we're very excited about it. 1 Mr. Wall: Thank you. That's great. Thank you. We've asked Mr. Graham to read this into the record. Mr. Graham: Thank you, Vice Chairman. And as the applicant's representative said, it's been there a long time; I was actually certified to Scuba Dive there in 1987. So this is a conditional use permit application as well as a subdivision variance application, and the applicant seeks to expand and relocate the existing dive facility to the adjoining parcel. The proposed facility is 9000 square feet that's 7000 square foot new building and 2000 square foot existing building and offers scuba diving training and certification, which for zoning purposes is classified as a vocational school. A conditional use permit is required for a vocational school greater than 7500 square feet in the B2 community business district.The applicant also seeks to consolidate five parcels into a single lot. The new L shaped configuration will have frontage on North Great Neck Road and Poplar Point Road, a minimum lot width of 100 feet is required. The proposed lot is 92.5 feet wide on Poplar Point Road; therefore, subdivision variance is required, the subdivision I mean they submitted elevations are similar in design as to what's there today. The proposed development on the property includes reduction of the number of ingress/egress points from two to one; streetscape and foundation plantings are proposed which don't exist today. Staff recommends approval and we agree with staff and recommend approval of this item. Mr. Wall: Okay, thank you, Mr. Chair that was the last item on the consent agenda. I move for approval of agenda items 1, 2, 3 and four, 5 and 10. Mr. Weiner: All right, we have a motion for approval. We have a second. Ms. Oliver: Second. Mr. Weiner: We have a motion by Mr. Wall, second by Mrs. Oliver. Madam Clerk: The vote is open. By recorded vote of 10 in favor, zero against agenda items 1, 2, 3, 4, 5 and 10 have been approved by consent. AYE 10 NAY 0 ABS 0 ABSENT 1 Alcaraz ABSENT Bradley AYE Coston AYE Graham AYE Horsley AYE Inman AYE Klein AYE 2 Oliver AYE Redmond AYE Wall AYE Weiner AYE CONDITIONS 1. When the property is redeveloped and landscaped, it shall be in substantial conformance with the submitted concept plan entitled, "Lynnhaven Dive Center — Virginia Beach, VA — Conceptual Planting Plan", prepared by Timmons Group, dated June 29, 2021, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 2. When the property is redeveloped, the exterior of the dive center building shall substantially adhere in appearance, size and materials to the elevations and renderings entitled, "Lynnhaven Dive Center—Virginia Beach,VA—Exterior Elevations/Exterior Views", prepared by TMA Tymoff+ Moss Architects, dated July 1, 2021,which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 3. Prior to site plan approval, the applicant/owner shall submit a subdivision plat vacating the interior property lines to the Department of Planning & Community Development for review, approval, and recordation. 4. Any new onsite signage shall meet the requirements of the City Zoning Ordinance, unless otherwise approved by the Board of Zoning Appeals, and there shall be no neon, other than individual channel letters lighted with internal neon and as approved by the Zoning Administrator, or electronic display signs or accents, installed on any wall area of the exterior of the building, in or on the windows, or on the doors. There shall be no window signage permitted. The building signage shall not be a "box sign"and the proposed sign package shall be submitted to the Zoning Administrator for review and acceptance prior to the issuance of a sign permit. 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. 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Lift * jii .0 IV0..1.0a 9'! o 1 ��\ 4 ° o y N . ° \a a c • -0a�k D�r-ire ti�� 4�r � � � S� f�_ �� I4pit CO ear i fr.Lil �i r �0 �4• IIII VIP ', a 0 IA d'f' - o 9111"L [ice N ' Q] /#°., ., * * - ttI; ` �yi►li u n� r CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: TVT I, LLC D/B/A TOWER VENTURES C/O LOU KATZERMAN [Applicant] PLEASANT VALLEY ASSOCIATES, LLC [Property Owner] Modification of Conditions to a Conditional Use Permit (Communication Tower) for the property located at 4221 Pleasant Valley Road (GPIN 1475047711). COUNCIL DISTRICT — CENTERVILLE MEETING DATE: October 5, 2021 • Background: In 2008, City Council granted a Conditional Use Permit for the installation of a 132- foot high flagpole communication tower on this property. The tower was constructed following the approval; however, it was removed from the site in 2017. A new operator, the applicant, seeks to install a new 134-foot high "monopine" communication tower (a tower designed to resemble a pine tree) at the same location. As the proposed tower will have a significantly different design than what was previously approved and is taller by two feet, a Modification of Conditions request is required. The 800 square foot lease area is within the existing parking lot, occupying up to four parking spaces in the rear parking lot of the Pleasant Valley shopping center. The 2008 Conditional Use Permit included a deviation to the setback requirement from 50 feet to 43 feet along the residentially zoning properties to the west and a variance to the screening and landscaping requirements. • Considerations: The proposal includes installation of a tower at the same location and will be of similar height to the previously approved tower, albeit in the shape of a very large pine tree. According to the applicant, the proposed tower cannot accommodate internal antennas due to compatibility for the 5G equipment. While the previous tower was designed as a flagpole with internal antennas, the proposed tower will have external antennas and mimic the shape of a pine tree in order to satisfy the terms of the lease that requires that the tower be of a stealth design, hence this alternative design. The submitted plans are stamped and signed by a professional engineer, thereby meeting the requirement that necessitates certification of the communication tower to comply with all applicable regulations promulgated by the Federal Communications Commission. TVT I, LLC d/b/a Tower Ventures Page 2 of 3 Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. There is no known opposition to this request. • Recommendation: On August 11, 2021 , the Planning Commission placed this application on the Consent Agenda, passing a motion by a recorded vote of 9-0 to recommend approval. 1. All conditions attached to the Conditional Use Permit granted on December 2, 2008 are hereby deleted and superseded by the following conditions. 2. The communication tower shall be constructed as a stealth tower as shown on the site plans entitled, "VA 1005 Sun Devil II," prepared by Foresite Group, LLC, dated December 28, 2020. The site plan has been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning. 3. The tower shall not exceed 134 feet in height (AGL). 4. As provided by Section 232 of the City Zoning Ordinance, the setback requirement and the landscaping and screening requirements for the tower are modified to the minimum setback of 40 feet and screening shown on the plans referenced in Condition 2 above. 5. In the event interference with any City emergency communications facilities results from the use of this tower and antennas, the user(s) shall take all measures reasonably necessary to correct and eliminate the interference. If the interference cannot be eliminated within a reasonable time, the user shall immediately cease operation to the extent necessary to stop the interference. 6. As required by Section 232(r)(4) of the City Zoning Ordinance, should the antennas cease to be used for a period of more than one (1) year, the applicant shall remove the tower, antennas and related equipment from the property within ninety (90) days. 7. No signage shall be permitted on the communication tower. 8. The lease area, as depicted on the site plans entitled, "VA 1005 Sun Devil II," prepared by Foresite Group, LLC, dated December 28, 2020, shall be surrounded by a solid fence, including the gate, with a minimum height of six (6) feet. Chain link or barbed wire shall not be permitted. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing TVT I, LLC d/b/a Tower Ventures Page 3 of 3 Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department l '0 City Manager/ ApplicantKatzerman TVT I, LLC, d/b/a Tower Ventures c/o Lou Agenda Item Property owner Pleasant Valley Associates, LLC CFryol Planning Commission Public Hearing August 11, 2021 9 Virginia Beach City Council Election District Centerville Request Modification of Conditions (Communication Tower) - Ferro,Par,w� " 1 Staff Recommendation l y Approval —}Oabf, -R5Vereon�c 7 - 'arse I '� --- Staff Planner 01"°^yDrove `f 6 Z Hoa N. Dao A W a .. Location i 0 ' . 4221 Pleasant Valley Road + r GPIN on"" ve t4 ,.° lac R°ad _jot tIOL 1475047711 n' O nc n8 ' Site Sizeell,tio) 9.86 acres(lease area for tower-800 square 1— feet) AICUZjiia r+ — 4 Less than65dBDNL Watershed Southern Rivers Existing Land Use and Zoning District g {a�,n SlIleitPe CICie Shopping center/B-2 Community Business k.ntllc Lrcrk Boulev r ^ ',„._:- ro - 8 ,. o Surrounding Land Uses and Zoning Districts j North •-. &• a - r i - Bridle Creek Boulevard _ Townhomes /A-12 Apartment __i_: r ' South , = n Lynnhaven Parkway i Town homes/A-12 Apartment , ; � ' ° 9 East � 4 . i d.t aaoa,.il ,,,c» Pleasant Valley Road . _ c 0, " ``,,N,,• °"`'c Single-family dwellings/R-5D Residential '" • j,` -. West .... �.t . Multi-family dwellings/A-12 Apartment TVT I, LLC,d/b/a Tower Ventures c/o Lou Katzerman Agenda Item 9 Page 1 Background & Summary of Proposal • In 2008, City Council granted a Conditional Use Permit for the installation of a 132-foot high flagpole communication tower on this property. The approval included deviation to the setback and the screening and landscaping requirements. • The tower was constructed following the approval; however, it was removed from the site in 2017. • A new operator,the applicant, seeks to install a new 134-foot high "monopine"communication tower(a tower designed to resemble a pine tree) at the same location. As the proposed tower will have a significantly different design than what was previously approved and is taller by two feet, a Modification of Conditions request is required. • The lease agreement with the property owner requires the tower to be of a stealth design.The submitted renderings depict a communication tower that mimics the appearance of a very large pine tree. • The 800 square foot lease area is within the existing parking lot, occupying up to four parking spaces in the rear parking lot of the shopping center. The 2008 Conditional Use Permit included a deviation to the setback requirement from 50 feet to 43 feet along the residentially zoning properties to the west and a variance to the screening and landscaping requirements. AS i .F+,T�1-��YYL� ;. i :to,..):' 'fl 1- IN Y• -.- i %�� : '�, , 1e,,-, , Zoning History % 1 R- r'n C 1 A ,rt„.-dT `'r \ # Request e1 •r r t ."�-� � j 1 CUP(Family Day-Care Home Approved 03/16/2021 )</ t� ,/ a°. 2 CUP(Religious Use)Approved 01/26/2010 � � L q / _.--� CUP(Communication Tower)Approved 12/02/2008 :` '' .ft' , �, •[1� j� CUP(Religious Use)Approved 01/14/1997 ,f 6, tia '.9.rrio% 001 Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance LUP—Land Use Plan CRZ—ConditionalRezoning STC—Street Closure SVR—Subdivision Variance STR—Short Term Rental Evaluation & Recommendation While the previous tower was designed as a flagpole with internal antennas,the proposed tower will have external antennas and mimic the shape of a pine tree. As the tower location is in a very populated area and in an area where large, tall pine trees are not abundant, Staff requested that the applicant consider a redesign to be more in line with the currently approved flagpole tower. According to the applicant, the proposed tower cannot accommodate internal antennas due to compatibility for the 5G equipment. Since there are no trees or tall buildings in the vicinity of the lease area of the tower, in Staff's view the monopine tower may be out of character with the surrounding area. The submitted plans are stamped and signed by a professional engineer thereby meeting the requirement that necessitates TVT I, LLC, d/b/a Tower Ventures c/o Lou Katzerman Agenda Item 9 Page 2 certification of the communication tower to comply with all applicable regulations promulgated by the Federal Communications Commission. On balance, as this proposal includes installation of a tower at the same location and will be of similar height to the previously approved tower,Staffs recommends approval of the request subject to the conditions listed below. Recommended Conditions 1. All conditions attached to the Conditional Use Permit granted on December 2, 2008 are hereby deleted and superseded by the following conditions. 2. The communication tower shall be constructed as a stealth tower as shown on the site plans entitled, "VA 1005 Sun Devil II," prepared by Foresite Group, LLC, dated December 28, 2020.The site plan has been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning. 3. The tower shall not exceed 134 feet in height(AGL). 4. As provided by Section 232 of the City Zoning Ordinance,the setback requirement and the landscaping and screening requirements for the tower are modified to the minimum setback of 40 feet and screening shown on the plans referenced in Condition 2 above. 5. In the event interference with any City emergency communications facilities results from the use of this tower and antennas,the user(s)shall take all measures reasonably necessary to correct and eliminate the interference. If the interference cannot be eliminated within a reasonable time,the user shall immediately cease operation to the extent necessary to stop the interference. 6. As required by Section 232(r)(4)of the City Zoning Ordinance, should the antennas cease to be used for a period of more than one(1)year,the applicant shall remove the tower, antennas and related equipment from the property within ninety(90) days. 7. No signage shall be permitted on the communication tower. 8. The lease area, as depicted on the site plans entitled,"VA 1005 Sun Devil II," prepared by Foresite Group, LLC,dated December 28,2020,shall be surrounded by a solid fence, including the gate,with a minimum height of six(6)feet. Chain link or barbed wire shall not be permitted. 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. TVT I, LLC,d/b/a Tower Ventures c/o Lou Katzerman Agenda Item 9 Page 3 Conditions of 2008 Conditional Use Permit 1. The communication tower shall be constructed as a stealth tower with internal antennas as substantially as shown on the site plans entitled,"Telecommunications Facility,Carriage Mill(NR-5433),4221 Pleasant Valley Road," prepared by JMT, dated 06/22/08.This site plan has been exhibited to City Council and is on file with the Department of Planning. 2. The tower shall not exceed 132 feet in height(AGL). 3. As provided by Section 221(i)of the City Zoning Ordinance,the setback requirement and the landscaping and screening requirements for the tower are modified to the minimum setback of 40 feet and screening shown on the plans referenced in Condition 1 above. 4. In the event interference with any City emergency communications facilities results from the use of this tower and antennas,the user(s)shall take all measures reasonably necessary to correct and eliminate the interference. If the interference cannot be eliminated within a reasonable time,the user shall immediately cease operation to the extent necessary to stop the interference. 5. As required by Section 232(i)(4)of the City Zoning Ordinance, should the antennas cease to be used for a period of more than one(1)year,the applicant shall remove the tower,antennas and related equipment from the property. 6. No signs indicating the location of this facility are allowed. 7. The lease area,as depicted on the survey entitled, "Telecommunications Facility,Carriage Mill(NR-5433),4221 Pleasant Valley Road," prepared by JMT,dated 06/22/08,shall be surrounded by a solid fence, including the gate, with a minimum height of six(6)feet.Chain link or barbed wire shall not be permitted. 8. A structural report stating that this design can indeed accommodate up to three(3)wireless carriers shall be submitted for review during the final site plan review process.Said report must be deemed acceptable prior to issuance of a building permit. Comprehensive Plan Recommendations The Comprehensive Plan designates the subject property in the Suburban Area,which encompasses the preservation and protection of the overall character,economic value,and aesthetic quality of the existing surrounding neighborhoods.The Reference Handbook adopted by the Comprehensive Plan specifies achieving a good quality general community appearance.Therefore, proposed developments and facilities must ensure to complement the character of the surrounding community. All development should incorporate environmentally sensitive design that protects the integrity of existing neighborhoods, complements adjacent land uses, and enhances the overall function and visual quality of the street, neighboring properties and communities.Therefore,the proposed stealth tower offers a solution that would better incorporate such facility to the surrounding uses. Natural & Cultural Resources Impacts The property is within the Southern Rivers Watershed. Drainage in the Southern Rivers watershed is highly impacted by the presence of high ground water, poorly draining soils,and high water surface elevations in downstream receiving waters.There are no known cultural resources on the site. TVT I, LLC,d/b/a Tower Ventures c/o Lou Katzerman Agenda Item 9 Page 4 Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on July 12, 2021. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,July 25, 2021 and August 1, 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 July 26, 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 August 5, 2021. City Council • As required by City Code, this item was advertised in the Virginian-Pilot Beacon on Sundays, September 19, 2021 and September 26, 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 September 20, 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 October 1, 2021. TVT I, LLC, d/b/a Tower Ventures c/o Lou Katzerman Agenda Item 9 Page 5 Proposed Site Layout CA _ 1/ ♦ illo 0 G. In to !c'to p- I PROPOSED O TELCO CABINET II o PROPOSED PROPOSED-1\ MONOPINE TOWER i'; MULTI-TENANT FNANT I PROPOSED �♦�� PROPOSED ELECTRICAL 2O EASE AREA lb '':. — GANG METER CENTER �� ill11 PROPOSED 6' W000 o 1 _ , COMPOUND FENCE %OA �N, 10'PROPOSED OO xO0 0' PROPOSED FUTURE -- ..; PLEASE AREATURE CARRIER ICE BRIDGE �♦';� V 1 ♦, o LJ b v I - - — — II II Y I PROPOSED 15'-O'x16•-O FUTURE CARRIER 11 II LEASE AREA 1 1 111 - - — - i $ — we - -VI — 20'-0- -I TVT I, LLC, d/b/a Tower Ventures c/o Lou Katzerman Agenda Item 9 Page 6 Proposed Elevation Plan NOTE BRANCHES ARE SHOWN FOR IELUSTRA1W( PURPOSES ONLY AND ARE NOT —05/8" )1 4•-0" NECESSARILY SHOWN TO SCALE. TOP OF STEEL_ LIGHTNING ROD _ _._...-._...____ Ti?P OF 134'-0` AG.L BkAkC;NES , 130' 0" A.G.L TOP CAP PER DTI 2/S2 ANTENNA C.L. 3130' 0" A.G.I i ♦ • r I APPURTENANCE LOADING PER DTI 2/ • tYP • FUTURE ANTENNA L,. ,.� 31TB'-0" A.C.L=' i. „ H cn • —PORTS PER Oft T/S3. TYP, § FUTURE ANTENNA C.L. s 111, 3106'-0` A.C.L. 0 0 0 c --18--SIDED TAPERED POLE. TUTURE ANTENNA ;_ _ L SECTION 1 PER DTI. 3/- INV 394'-0" A.G.Lkrs . _ _ __ NOTE ANTENNAS do PORTS ARE SHOWN TOR 1LLUSTRATNE ` PURPOSES et ARE NOT i '{ J NECESSARILY SHOWN TO SCALE I. SPLICE LENGTH 63' (TOLERANCE 3 TO%) R TOAYCAP PROVIDE: [(12) ANTENNA-SOC1cS BOTTOM tiF ERANCHES V 65'-Cr A.G.!. -T8-SIDED TAPERED POLE. I Z, errT,py r'ro ^'I 5 18-SIDED TAPERED POLE. z SECTION 3 PER OTL 3/- - STEP BOLTS & SAFETY CI IMP S3' rr'. BASEPIAif PER TiTZ I/S2 FOUNDAI +N (RESERVED' • O TVT I, LLC, d/b/a Tower Ventures c/o Lou Katzerman Agenda Item 9 Page 7 Renderings . ,; "" e A.a 4 EXISTING • PROPOSED 134' T - - -. MONOPINE TOWER i! `A. .:41L-.`•"7` {.,x_-.7. - . ... f,--_so _-'- i FORESITE VA(005-Sur Devi 1W L LLC 131'Manapin.Tow#' 15ewI RoatW vow AO-Lowbrp Now ilk i! - C 7 ♦ w, YI EXISTING YYww�� • PROPOSED 134' la - i MONOPINE TOWER t- .. J N 4 `•may '.,..'P. ii•; 1•. tt Las, V r�ESITE ry • VA/006-94n Dorf II .. 13Pabnaprr Taw Nor? HOW Dn.-lppynp Ea# ly r TVT I, LLC, d/b/a Tower Ventures c/o Lou Katzerman Agenda Item 9 Page 8 Communication Towers within 1-mile Radius N y W I C aJ # is IT 2 E y w o c 0 N m F N -D:ii N IllC C •r, m AV O 3 N to N — o $ ` c 2 Iti'i} ' m °a :: ; a 3 a ii > j t O o o aci a !o- ►- H aL. i, E v C. ,_ or m n • k_I , Nam. ... �� 4L s � ay� � :' Ilq a r N C C L: w L" t = N E N ~ w CC �D w E. O` N ;-, O N IA W > N VI m v m .-i .E c in F t w o N W .� r .. '�` I W al a $ ^ a`, o I- ^ 3 v Li '-' E o d `o oo c co c9 a O = m ..i a a, .`- o ., A a = m m G ,' V - S T t Z C C V 1 q '' _ al v , < m f ,,�W g o m a m aC ♦f v i O Jr d p r a c F I c y n J 2 a SO O 4 .,, O o a a a 3 TVT I, LLC, d/b/a Tower Ventures c/o Lou Katzerman Agenda Item 9 Page 9 Disclosure Statement Disclosure Statement \/13 cis of VOA*Bosh 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 TVT I,LLC d/b/a Tower Ventures C/O Lou Katzerman Does the applicant have a representative? I Yes 0 No • If yes,list the name of the representative. Lou Katzerman-Sr.Zoning Manager(TVT I,LLC Employee) Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?III Yes ❑No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) William Orgel-President,Michael McLaughlin,CFO,Jay Lindy,COO,Craig Royal,Director of Development • If yes,list the businesses that have a parent-subsidiary'or affiliated business entityr relationship with the applicant. (Attach a list if recessary) "Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. "Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code 4 2.2-3101. Revised 11 09.2020 1 I P a g e TVT I, LLC, d/b/a Tower Ventures c/o Lou Katzerman Agenda Item 9 Page 10 Disclosure Statement • ",ir-mo t • Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes It 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-eollateralization,etc)or are they considering any financing in connection with the subject of the application or ary business operating or to be operated on the property? Yes No • If yes,icentify the financial Institutions providing the service, 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? Cl Yes ■ No • If yes,identify the company and individual providing the service 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes II No • if yes,identify the firm and individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operate°on the property?❑Yes I No • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?❑Yes ®No • if yes,identify the purchaser and purchaser's service providers. — Revsco;1.G9 2020 — __—_------. ._......-._....._..� 2�P a g e TVT I, LLC, d/b/a Tower Ventures c/o Lou Katzerman Agenda Item 9 Page 11 Disclosure Statement Disclosure Statement lki3 Planning&Ccmu tmity - Development 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?❑Yes sr No • If yes,identify the company and individual providing the service, 7. Does the applicant have an engineer/surveyor in connection with the subject of the application or any business operating or to be operated on the prope SYes No • If yes,Identify the firm and individual provi mg the service. The Foresite Group-James Colin Marooney,P rofessional Engineer,Comrrrorweaith of Virginia 8. Is the applicant receiving legal services In connection with the subject of the application or any business operating or to be operated on the property?0 Yes NI No • liver,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 twc wreeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or cmmmrttee In connection with this application. _ .4......... Applicant Signature Lou Ketuerman,Sr.Zoning Manager Print Name and itde 4/19/2021 -Date Is the applicant also the owner of the subject property? 0 Yes & No • If yes,you do not need to All o.it the owner disclosure statement. 'FOR riry USE ONLY/All disclosures must hr updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications ® N.ch.».B..r ttete 09.17.2021 slpr.tw• / - Print Name ' HoaaNN DDaao --- _-Herbed 11.09.ZDM 3 I P a g e TVT I, LLC, d/b/a Tower Ventures c/o Lou Katzerman Agenda Item 9 Page 12 Disclosure Statement {'gig -r • .. Y` —" 7 r d 1 s Y 7 ac . it .-kr_,,ei-*"0.**.-7 . ,144 ••,...'s •'IF:::::-.71/1"er. . ,- •%-e ....„., : ..tom .r:n' iiilr` Owner Disclosure Owner Name Pleasant Valley Associates,LLC,a Virginia limited liability company Applicant Name TVT I,LLC d/b/a Tower Ventures C/O Lou Katzerman Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business?N Yes 0 No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Sam Spiegel,Manager and Member Simone Spiegel,Manager and Member • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the Owner. (Attach a list if necessary) NA 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 II No • If yes,what is the name of the official or employee and what is the nature of the Interest? '"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Coce§2.2-3101. "Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities' See State and Local Government Confl ct of Interests Act,Va. Code§2.2-3101. Revised 11.09.2020 S I P a g e TVT I, LLC, d/b/a Tower Ventures c/o Lou Katzerman Agenda Item 9 Page 13 Disclosure Statement Disclosure Statement1A3 cenYilia SW' Planning&Community Development Owner Services Disclosure 1. Does the Owner have any existing financing(mortgage,deeds of trust,Dross-collateralizatlon,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 II No • If yes,identify the financial institutions providing the service. 2. Does the Owner have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes IF No • If yes,identify the company and individual providing the service. 3. Does the Owner have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?0 Yes ®No • If yes,identify the firm and individual providing the service. 4. Does the Owner have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?El Yes t No • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?0 Yes is No • If yes,identify the purchaser and purchaser's service providers. 6. Does the Owner have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?❑Yes I No • If yes,identify the company and individual providing the service. 7. Does the Owner have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?❑Yes A No • If yes,identify the firm and individual providing the service, Revised 11.09.2020 6 1 P a g e TVT I, LLC, d/b/a Tower Ventures c/o Lou Katzerman Agenda Item 9 Page 14 Disclosure Statement Disclosure Statement \113 cry q/ruyinfa JAW, Planning&Community Development 8. Is the Owner receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?❑Yes ®No If yes,identify the firm and individual providing legal the service. Owner Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. i unocrstand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided here' w ks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or o e i nnection with this application. Owner Signal e Sam Spieg ,Manager Print Name and Title 4/19/2021 Date Revised 11.09.1020 — --- — — 7 P a g e_ TVT I, LLC, d/b/a Tower Ventures c/o Lou Katzerman Agenda Item 9 Page 15 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • 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. TVT I, LLC,d/b/a Tower Ventures c/o Lou Katzerman Agenda Item 9 Page 16 Item # 9 TVT I, dba Tower Ventures do Lou Katzerman [Applicant] Pleasant Valley Associates, LLC [Property Owner] Modification of Conditions (Communication Tower) 4221 Pleasant Valley Road August 11, 2021 RECOMMENDED FOR APPROVAL - CONSENT Mr. Wall: Okay, thank you. The next item on the consent agenda is Item#9 TVT I, LLC, d/b/a Tower Ventures c/o Lou Katzerman and Pleasant Valley Associates who is the property owner. This is for Modifications of Conditions for a Communications Tower. Is there a representative for this item? Could you please state your name for the record? Mr. Katzerman: Lou Katzerman. Mr. Wall: And are the conditions acceptable? Mr. Katzerman: Yes sir, thank you. Mr. Wall: Is there any opposition for this item to be placed on the consent agenda? Hearing none, we've asked Mr. Graham to read this into the record. Mr. Graham: Thank you. This is an application by TVT I, LLC, d/b/a Tower Ventures c/o Lou Katzerman. This is at the Pleasant Valley Shopping Center. This is a request for Modifications of Conditions for a Communication Tower. In 2008, City Council granted a Conditional Use Permit for the installation of 132-foot high flagpole communication tower on this property. The approval included a deviation to the setback and the screening and landscaping requirements. The tower was constructed following the approval, however, it was removed from the site in 2017. A new cell tower operator, the applicant, seeks to install a new 134-foot high monopine communication tower. This is a cell tower designed to resemble a pine tree at the location. As the proposed tower will have a significantly different design than what was previously approved and is taller by two feet, a Modification of Conditions is requested. While the previous tower was designed as a flagpole with internal antennas, the proposed tower will have external antennas and mimic the shape of a pine tree. Staff has asked the applicant to consider a different design more of a flagpole. However, the pine tree design apparently has -- the previous design cannot accommodate the internal antennas. So anyway, planning staff recommends approval, and we agree with planning staff. 1 Mr. Wall: Okay, thank you, Mr. Coston. That was the last item on the regular consent agenda. 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. Staff and the Planning Commission support the applications and there are no speakers signed up in opposition. These are agenda items number 13, 14, 15, 16 and 17. Mr. Chair that was the last item on the consent agenda. I move for approval of agenda items number 1, 8, 9, 10, 11 and Short-Term Rental items# 13, 14, 15, 16 and 17. Mr. Weiner: We have a motion for approval for the second. We have a motion Mr. Wall as second by Ms. Oliver and we have any one abstaining? Mr. Graham: I have a letter pursuant to the state and local government Conflict of Interest Act. I have a letter on file making the following declaration. The agenda item #1 is financed by Towne Bank and I hereby make this disclosure that I serve on an advisory board at Towne Bank, which makes no loan decisions. And I believe that I can participate in this vote. Mr. Weiner: Mr. Inman. Mr. Inman: Likewise, I would like to make the following declaration. Agenda item #1, being financed by Towne Bank. I serve on the Advisory Board of Towne Bank, and make no decision on loans and feel like I can participate fairly in this vote. Mr. Weiner Mr. Redmond, short term rentals. Mr. Redmond:Yeah, I am happy to do it now, we are not there yet, but...oh, we are there. Okay, I have a letter on file with the City Attorney's Office and have for some months. I have a client who is in the travel industry and has some business that is involved with short-term rentals, therefore, I do not vote on any Short-Term Rental applications or any of the ordinances with regard to Short-Term Rentals and I repeat that that letter,which I renew monthly is on file with the City Attorney.Thank you. Mr. Weiner: Madam Clerk, that's everything. Madam Clerk: Okay, vote is open. By recorded vote of 9 in favor and 0 against agenda items 1, 8, 9, 10 and 11 have been recommended for approval. By recorded vote of 8 in favor, 0 against with one abstention. Agenda items 13, 14, 15, 16 and 17 have been recommended for approval. 2 AYE 9 NAY 0 ABS 0 ABSENT 1 Alcaraz AYE Coston AYE Graham AYE Horsley AYE Inman AYE Klein ABSENT Oliver AYE Redmond AYE Wall AYE Weiner AYE CONDITIONS 1. All conditions attached to the Conditional Use Permit granted on December 2, 2008 are hereby deleted and superseded by the following conditions. 2. The communication tower shall be constructed as a stealth tower as shown on the site plans entitled, "VA 1005 Sun Devil II," prepared by Foresite Group, LLC, dated December 28, 2020. The site plan has been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning. 3. The tower shall not exceed 134 feet in height (AGL). 4. As provided by Section 232 of the City Zoning Ordinance, the setback requirement and the landscaping and screening requirements for the tower are modified to the minimum setback of 40 feet and screening shown on the plans referenced in Condition 2 above. 5. In the event interference with any City emergency communications facilities results from the use of this tower and antennas, the user(s) shall take all measures reasonably necessary to correct and eliminate the interference. If the interference cannot be eliminated within a reasonable time, the user shall immediately cease operation to the extent necessary to stop the interference. 6. As required by Section 232(r)(4) of the City Zoning Ordinance, should the antennas cease to be used for a period of more than one (1)year, the applicant shall remove the tower, antennas and related equipment from the property within ninety (90) days. 7. No signage shall be permitted on the communication tower. 8. The lease area, as depicted on the site plans entitled, "VA 1005 Sun Devil II," prepared by Foresite Group, LLC, dated December 28, 2020, shall be surrounded by a solid fence, including the gate, with a minimum height of six (6) feet. Chain link or barbed wire shall not be permitted. 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 3 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 I \_ 4R5� / \/ ----'7/ R5R� __ ___ _ R5 // / ,/ -------- Lookout � � ,COR / / / , //0/[ ' ,/ R5 L7 0 c - -o°k�' u tR ate. C 0 , / �_ / i - r B 1 vr 0 0 i 3 Gt- B 1 .sz Ste _ ' B1 Ej 1----7 L_ eetI__ / _,, _ 4 (7) R5R 0, Q o fl a ) i 'c / 4R5R 0q/E70 '/ -__ / / C7 / U /R1O CI'..'` / / ,i ' N //, Site Yvonne Lee Hypes Lucas & Esther Diane Schneider, , ' Property Polygons Co-Executrixes of the Estate of Varenia Craig Hypes Ryan I Zoning 4504 Guam Street Building m==== == 1Feet 0 1530 60 90 120 150 180 (J i1 r_ _ ; CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: YVONNE LEE HYPES LUCAS & ESTHER DIANE SCHNEIDER, CO- EXECUTRIXES OF THE ESTATE OF VARENIA CRAIG HYPES RYAN Applicants & Property Owners] Change of Zoning (B-1 Neighborhood Business to R-5R Residential Resort District) for the property located at 4504 Guam Street (GPIN 1570618235). COUNCIL DISTRICT — BAYSIDE MEETING DATE: October 5, 2021 • Background: The applicant seeks to rezone a 4,945 square foot parcel within the Chesapeake Beach neighborhood that was platted in the 1930s from B-1 Neighborhood Business District to R-5R Residential Resort District. While the site is currently zoned for neighborhood commercial use, the property has been developed with a single-family dwelling since the 1950s. • Considerations: According to the applicant, there are no plans to redevelop the parcel at this time and the change of zoning request is simply to correct the longstanding nonconformity, as residential development is not permitted under the current B-1 zoning designation. The proposed zoning is consistent with the surrounding neighborhood and will ensure that no future commercial use of this site will occur. A similar request was granted by City Council in 2000 for the adjoining parcel to the north. In addition, the parcel does not meet the minimum requirements for lot size, lot width, and building setbacks for property zoned B-1 Neighborhood Business District. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. There is no known opposition to this request. • Recommendation: On September 8, 2021, the Planning Commission placed this application on the Consent Agenda passing a motion to recommend approval with a recorded vote of 10-0. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Yvonne Lee Hypes Lucas & Esther Diane Schneider, Co-Executrixes of the Estate of Varenia Craig Hypes Ryan Page 2 of 2 Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department 0 0 City Manager: /42 Applicants & Property Owners Yvonne Lee Hypes Lucas & Esther Agenda Item Diane Schneider, Co-Executrixes of the Estate of Varenia Craig Ry 5 t PlanningHypes Commission Public Hearing September 8, 2021 Virginia Beach City Council Election District Bayside Request Rezoning (B-1 Neighborhood Business District to R-5R Residential Resort District) Staff Recommendation "-` Approval 4`"P-,„ P4VP„ R VP Staff Planner Hoa N. Dao i ( PPa ocP.,,,,, y `_ t„�,� yPnuE ''I c ":Location P -{ s4,P„� "R S4tlyePro,,P 4504 Guam Street i__A....,A GPIN ,0." Site Size v 4,945 square feet t AICUZ y Is Less than 65 dB DNL Watershed ` ' l---' Chesapeake Bay k rip Existing Land Use and Zoning District venue- .. Single-family dwelling/ B-1 Neighborhood r._, _ i ,>-; ,fr. - -�- Business ' ,• t,� �= 4'� Surrounding Land Uses and Zoning Districts �` �_ 4` co �r � 'R�u North R ' �' r Single-family dwelling / R-5R Residential � „� , � ' , South ua"„,ree,. Guam Street .. ;f : , • - '° `f Duplex/ R-5R Residential i ,,, , East . T - T' ; ' ..Or I/ 'k • Retail/ B-1 Neighborhood Business ` ., 4, v4 West „ :P verve ` i- Single-family dwelling R-5R Residential � Yvonne Lee Hypes Lucas & Esther Diane Schneider, Co-Executrixes of the Estate of Varenia Craig Hypes Ryan Agenda Item 5 Page 1 Background & Summary of Proposal • The applicant seeks to rezone the 4,945 square foot parcel from B-1 Neighborhood Business District to R-5R Residential Resort District. • The property is located within the Shore Drive Suburban Focus Area and was plated in the 1930s. • While the site is currently zoned for neighborhood commercial use,the property has been developed with a single- family dwelling since the 1950s. • Per the applicant,there is no plan to redevelop the parcel at this time and the change of zoning request is simply to correct the longstanding nonconformity, as residential development is not permitted under the current B-1 zoning designation. LJ JJ T L k=; 2 Zoning History . �" 4 / /',; _, # Request skeet1 SVR(Section 4.4 b Approved 11 15 2016 f � I / � 2 REZ(B-1 to R-5R)Approved 01/11/2000 1 i )' 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 The request to rezone this parcel that is developed with a residential dwelling to a residential zoning district that is consistent with the surrounding neighborhood will address the nonconformity issue and will ensure that no future commercial use of this site will occur. A similar request was granted by City Council in 2000 for the adjoining parcel to the north. In addition,the parcel does not meet the minimum requirements for lot size, lot width, and building setbacks for property zoned B-1 Neighborhood Business District. Should the lot be redeveloped in the future,the 4,945 square foot parcel cannot be developed with more than one dwelling unit since the R-5R Residential District requires a minimum lot size of 10,000 square feet for a duplex and a minimum of 5,000 square feet for semidetached dwellings. Yvonne Lee Hypes Lucas & Esther Diane Schneider, Co-Executrixes of the Estate of Varenia Craig Hypes Ryan Agenda Item 5 Page 2 Minimum Lot Area Minimum Lot Width Minimum Front Yard Minimum Side (square feet) (feet) Setback(feet) Yard Setback(feet) B-1 District 10,000 100 30 30 R-5R District 5,000 50 20 8 Existing Lot 4,945 50 19.64 10.23 There will be no impact to City services with this request since the use of the property remains the same,a single-family dwelling. Rezoning the parcel to R-5R Residential District is consistent with the Comprehensive Plan's recommendations for the Suburban Focus Area., as the site is adjacent to properties zoned R-5R to the north,west, and south,the request is consistent with the surrounding area. Based on the considerations described,Staff recommends approval of this request. Comprehensive Plan Recommendations The subject property is located within the City's suburban area,which the Comprehensive Plan designates for proposed developments and uses to have compatibility with the existing neighborhood to maintain stability and, ultimately, maintain the principle of"Great Neighborhoods".Such principle also embodies the preservation and protection of the overall character,economic value, and aesthetic quality of the existing surrounding neighborhoods.Therefore, new development or redevelopment projects are to preserve the quality or enhance the existing characteristics of the area, including protecting the natural environment and the historical and cultural resource. Additionally,the subject property is located in the Shore Drive Suburban Focus Area (SFA).The Comprehensive Plan designates SFAs to offer specific land use guidance to advance the City's objectives in improving the quality of land use and revitalizing certain suburban areas. Natural & Cultural Resources Impacts The site is located in the Chesapeake Bay watershed.There does not appear to be any significant natural resources associated with the site. Traffic Impacts No impacts to roadways are expected. Public Utility Impacts Water The property is connected to City water.There is an existing six-inch water main along Guam Street. Sewer The property is connected to City sanitary sewer.There is an existing eight-inch sanitary sewer gravity main along Guam Street. Yvonne Lee Hypes Lucas&Esther Diane Schneider, Co-Executrixes of the Estate of Varenia Craig Hypes Ryan Agenda Item 5 Page 3 School Impacts The property remains a single-family dwelling. There is no change in the use of the property;therefore, no impact is expected to the school system. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on August 9, 2021. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, August 22, 2021 and August 29, 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 August 23, 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 September 2, 2021. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, September 19, 2021 and September 26, 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 September 20, 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 October 1, 2021. Yvonne Lee Hypes Lucas & Esther Diane Schneider, Co-Executrixes of the Estate of Varenia Craig Hypes Ryan Agenda Item 5 Page 4 Rezoning Exhibit (IN. 20071017001410530) GPIN: 1570-61-8316-0001 N/F N/F & KIMBERLY JANE DOVEL LOOKOUT REALTY LTD, LLC NUAH BAILY (IN. 202103028813) (IN. 20080701000778370) (IN, 20200526000445660) PORTION OF PORTION OF GPIN: 1570-61-8316-0002 LOT 14-B LOT 14-8 LOT 14-A I (M.B. 9, PG. 61) I (M.B. 87, PG. 21) (M.B. 9, PG. 61)-PLAT I GPIN: 1570-61-8364 GPIN: 1570-61-9312 i1` 20070925001308430)-CONDO C .9-‘5, GPIN: 1570-61-8316 S 670O' E 50' 1'1Q — — — — -- -- — — �o c BLOCK SOUTHWESTERN %4 OF 8 LOT 14-B GP/N: 1570-61-82,35 R-5R z I W HOMAS JEFFREY HANLEY �Io, LOOKOUT REALTY LTD, LLC 4 N. 20150813000780470) W co as 3 (IN. 20080701000778370) LOT 14-A O °j(o PORTION OF v (M.B. 9, PG. 61) I o LOT 14-B GPIN: 1570-61-7286 N I I N (M.B. 87, PG. 21) 1S►of I GPIN: 1570-61-8293 I N Q� W 73. 1' N 6700' W 50' GUAM STREET (VARIABLE WIDTH R/W)-(FORMERLY BAUM AVENUE) (M.B. 9, PG. 61) (FORMERLY GUAM AVENUE) Yvonne Lee Hypes Lucas & Esther Diane Schneider, Co-Executrixes of the Estate of Varenia Craig Hypes Ryan Agenda Item 5 Page 5 Site Photos ti - � - -•-.� -_�.""'mac � � "">�<.9 � yam.: ..+.., /1 s:. ii # L SwaF3as4''Y 's°v a"t' -. -�# -_. r ,x ' ' r f .+i.d"� - ` S s w e"t .k "v`, Yvonne Lee Hypes Lucas & Esther Diane Schneider, Co-Executrixes of the Estate of Varenia Craig Hypes Ryan Agenda Item 5 Page 6 Disclosure Statement Disclosure Statement 111B City M t'mrir",BnxA - 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 Yvonne Lee Hypes Lucas&Esther Diane Schneider,Co-Executrixes of the Estate of Varenia Craig Hypes Ryan Does the applicant have a representative? ®Yes 0 No • If yes,list the name of the representative. R Edward Bourdon,Jr.,Esq.,Sykes,Bourdon,Ahern&Levy,P.C. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? 0 Yes I 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. 1I . Yvonne Lee Hypes Lucas & Esther Diane Schneider, Co-Executrixes of the Estate of Varenia Craig Hypes Ryan Agenda Item S Page 7 Disclosure Statement Disclosure Statement 1/13 Cuy of 1'1,1,4&ail s .n-...,.. Plan ning&Comm t Development. Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes •No • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑Yes ■No • If yes,identify the financial institutions providing the service. 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes ®No • If yes,identify the company and individual providing the service 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes a No • If yes,identify the firm and individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes •No • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?❑Yes I No • If yes,identify the purchaser and purchaser's service providers. 2I Yvonne Lee Hypes Lucas & Esther Diane Schneider, Co-Executrixes of the Estate of Varenia Craig Hypes Ryan Agenda Item 5 Page 8 Disclosure Statement Disclosure Statement .\113 CCy o Vi' fro Suuh 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?0 Yes •No • If yes,identify the company and individual providing the service. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property'®Yes 0 No • If yes,identify the firm and individual providing the service. Eric Garner,WPL 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property? Yes 0 NO • If yes,identify the firm and individual providing the service. R.Edward Bourdon,Jr.,Esq.,Sykes,Bourdon,Ahem&levy,P.C.;Vonda W.Chappell,Esq.,Kaufman&Canoles,P.C. Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understanc 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-7.P4,t(5(1.4166A Cjt Applicant Signature Esther Diane Schneider, Co-Executrix Print Name and Title July 1,2021 Date Is the applicant also the owner of the subject property? II Yes 0 No • I'yes,you co 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 Ea No Signature No changes as of 09.17.2021 i Print Name Hoa N Dao 3I Yvonne Lee Hypes Lucas & Esther Diane Schneider, Co-Executrixes of the Estate of Varenia Craig Hypes Ryan Agenda Item 5 Page 9 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • 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. Yvonne Lee Hypes Lucas& Esther Diane Schneider,Co-Executrixes of the Estate of Varenia Craig Hypes Ryan Agenda Item 5 Page 10 Virginia Beach Planning Commission September 8, 2021 Public Meeting Agenda Item # 5 Yvonne Lee Hypes Lucas & Esther Diane Schneider, Co-Executrixes of the Estate of Varenia Craig Hypes Ryan [Applicants] Ryan Varenia H. Estate (Property Owners] Rezoning (B-1 Business District to R-5R Residential Resort District) 4504 Guam Street RECOMMENDED FOR APPROVAL—CONSENT Okay, thank you. The next agenda item on the, next application on the agenda item number five; Yvonne Lucas and Esther Schneider for rezoning from B-1 Business District to R- 5R residential Resort District. Mr. Bourdon: Thank you Mr. Vice Chair, Chairman, and members of commission again, Eddie Bourdon, Virgin Beach Attorney representing the co-executrixes is of Ms. Ryan's estate. We appreciate this item being on the consent agenda. Want to thank Bob for his help with this application. Thank you. Mr. Wall: Thank you. Is there any opposition for this item to be placed on the consent agenda? Hearing none, we've asked Mr. Redmond to read this into the record. Mr. Redmond:Thank you, Mr. Wall. This is an application of Yvonne Lee Hypes Lucas and Esther Diane Schneider co-executrixes of the state of Varenia Craig Hypes Ryan. Specifically, this is a rezoning from B-1 Business District to R-5R Residential District. The purpose of this application is to housekeeping application. This is a 4945 square foot lot in the Bayside District that was planted in the 1930s before we had a zoning ordinance or anything else that made a whole lot of sense. Well, it's actually zoned for a neighborhood commercial use, it's a residential property, and house has existed on this for a very long time. And so the applicant would like to have it rezoned to R-5R, which is the predominant zoning district in a lot of these neighborhoods on Shore Drive and actually, throughout much of the water, you know, the communities had water, the water in Virginia Beach, it's entirely appropriate, actually is much more appropriate than its current zoning. There is no opposition. The staff obviously recommends approval and the commission concurs, therefore, consent, thank you. Mr. Wall. Mr. Wall: Okay, thank you, Mr. Chair that was the last item on the consent agenda. I move for approval of agenda items 1, 2, 3 and four, 5 and 10. Mr. Weiner: All right, we have a motion for approval. We have a second. 1 Ms. Oliver: Second. Mr. Weiner: We have a motion by Mr. Wall, second by Mrs. Oliver. Madam Clerk: The vote is open. By recorded vote of 10 in favor, zero against agenda items 1, 2, 3, 4, 5 and 10 have been approved by consent. AYE 10 NAY 0 ABS 0 ABSENT 1 Alcaraz ABSENT Bradley AYE Coston AYE Graham AYE Horsley AYE Inman AYE Klein AYE Oliver AYE Redmond AYE Wall AYE Weiner AYE 2 aiv EL,10 0 o Sc_i: s ). ,o , O `� o rn o LC�Ce\- 0e\ ' o - 13 N: co 0 ak \\\\ \ 0 (13 VI \ W LO ' \ 44iZt's §C g , kiil \ 0.3 \. p'C�- .- RI\. it a v �i AI x— s Way o Ma�GC3 ° � V _- 3ca / _ ig, ,-� _. () E\:-l-li Ai L c Q o JCe113 _____. .......),) , c i ca a o .o a N m o1141. titi [ � ..Hu ems, fo �tI t y ,,r �'Cio, CITY OF VIRGINIA BEACH AGENDA ITEM f ITEM: JENITA WHITE [Applicant & Property Owner] Conditional Use Permit (Family Day-Care Home) for the property located at 1109 Malcoms Way (GPIN 1466304744). COUNCIL DISTRICT — KEMPSVILLE MEETING DATE: October 5, 2021 • Background: The applicant seeks a Conditional Use Permit for a Family Day-Care Home to care for up to 12 children within a single-family dwelling in the Birnam Woods neighborhood. The applicant has 30 years of experience caring for children. The side and rear yards of the property are enclosed by a six-foot tall privacy fence where the children will have outdoor activities. The typical hours of operation are proposed as 6:00 a.m. through 6:00 p.m., Monday through Friday. • Considerations: This request for a Conditional Use Permit for a Family Day-Care Home is consistent with the policies and goals set forth in the Comprehensive Plan for the Suburban Area. The property appears to be organized and well kept, successfully promoting the policies intended to ensure the maintenance and sustainability of great neighborhoods. In Staff's view, and the Planning Commission concurs, Family Day-Care Homes provide a needed and valuable service to the community and will not be detrimental to any adjacent land uses. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. Staff received two letters of opposition about the request noting concerns related to traffic congestion, a business operating in a residential area and safety. ■ Recommendation: On September 8, 2021, the Planning Commission placed this this item on the Consent Agenda passing a motion by a recorded vote of 10-0 to recommend approval of this request. 1 . Arrival and departure times shall be staggered to avoid vehicular congestion. 2. The Family Day-Care Home shall be limited to a total of twelve (12) children, other than children living in the home. 3. The applicant shall maintain a license with the Virginia Department of Social Services for childcare. Jenita White Page 2 of 2 4. No more than one (1) person, other than the applicant, shall assist with the operation of the Family Day-Care Home at any one time. 5. Any sign identifying the home occupation shall be non-illuminated, not more than one (1) square foot in area and mounted flat against the residence. 6. The applicant shall obtain all necessary permits and inspections from the City of Virginia Beach. Prior to operation, the applicant shall obtain a Certificate of Occupancy from the Building Official's Office for use of the house as a Family Day-Care Home. 7. The applicant/owner shall maintain a six-foot privacy fence around the perimeter of the rear yard for the duration of the use. 8. There shall be only one Home Occupation, the Family Day-Care Home, operating on the property associated with this Conditional Use Permit. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Letters of Opposition (2) Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department 6 - City Manager: op Applicant & Property Owner Jenita White Agenda Item Planning Commission Public Hearing September 8, 2021 City Council Election District Kempsville 1 0 Virginia Beach Request Conditional Use Permit (Family Day-Care Home) Staff Recommendation ` • Approval 11187::-- : lir a = �� 1 10 f add n G woscw„a o,rve gyp, 010 ie r" Staff Planner , o„ «�"riL) i' Antion: 0w1s tte n i yITISPIII 4 I I r E 1109 Malcoms Way . ' GPIN a` W: ° 1466304744 r6 o a Site Size o .MM ydale Road n 8,612 square feet AICUZ "'�• Greater than 75 dB DNL Jr L..4)\ Watershed Chesapeake Bay Existing Land Use and Zoning District 'ti Single-family dwelling/R-7.5 Residential ` Surrounding Land Uses and Zoning Districts . AL ,v... ,. ix North 'f Single-family dwelling / R-7.5 Residential ,'• •f.•. South f Single-family dwelling/ R-7.5 Residential ^�• f East — t Single-family dwelling / R-7.5 Residential �i ', West s, • t Single family dwelling/ R-7.5 Residential c''" • �,, fir r.. , a ice. L`-' K - Jenita White Agenda Item 10 Page 1 Background & Summary of Proposal • The applicant is requesting a Conditional Use Permit for a Family Day-Care Home to care for up to 12 children within a single-family dwelling.The 2,002 square foot home is zoned R-7.5 Residential District and is located in the Birnam Woods neighborhood. A Family Day-Care Home with four or less children is allowed by-right in residential zoning districts. When the number of children cared for increases to five or more children, excluding the provider's own children and those who reside in the home, both state licensure and a Conditional Use Permit are required. • According to the applicant, she has 30 years of experience caring for children. • The designated outdoor play area is located in the backyard enclosed by a six-foot tall privacy fence. • The typical hours of operation are proposed as 6:00 a.m. to 6:00 p.m., Monday through Friday. itc: 16„ ,,,1 1., \,,,'1::-.':\ n © ,f�% • \ No Zoning History to Report 0 1111:1, ,,k-----7 ki1.4 .. .11----' 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 for a Conditional Use Permit for a Family Day-Care Home, in Staff's opinion, is consistent with the policies and goals set forth in the Comprehensive Plan for the Suburban Area. Staff finds the property to be organized and well kept, successfully promoting the policies intended to ensure the maintenance and sustainability of great neighborhoods. Staff recommends conditions that pick-up and drop-off times be staggered and to allow only one Home Occupation operating on the property at any one time to alleviate the potential for congestion in the right-of-way. In Staff's view, Family Day-Care Homes provide a needed and valuable service to the community and will not be detrimental to any adjacent land uses. Based on these considerations, Staff recommends approval of this request subject to the conditions listed below. Jenita White Agenda Item 10 Page 2 Recommended Conditions 1. Arrival and departure times shall be staggered to avoid vehicular congestion. 2. The Family Day-Care Home shall be limited to the total of twelve(12)children, other than children living in the home. 3. The applicant shall maintain a license with the Virginia Department of Social Services for childcare. 4. No more than one(1) person,other than the applicant,shall assist with the operation of the Family Day-Care Home at any one time. 5. Any sign identifying the home occupation shall be non-illuminated, not more than one(1)square foot in area and mounted flat against the residence. 6. The applicant shall obtain all necessary permits and inspections from the City of Virginia Beach. Prior to operation, the applicant shall obtain a Certificate of Occupancy from the Building Official's Office for use of the house as a Family Day-Care Home. 7. The applicant/owner shall maintain a six-foot privacy fence around the perimeter of the rear yard for the duration of the use. 8. There shall be only one Home Occupation,the Family Day-Care Home,operating on the property associated with this Conditional Use Permit. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations The Comprehensive Plan identifies this site as being located within the Suburban Area.The general planning principles for the Suburban Area focus on creating and maintaining great neighborhoods through stability and sustainability; protecting and enhancing open spaces and places of cultural and historical significance;and creating and maintaining a transportation system that provides connectivity and mobility. Achieving these goals requires that all land use activities either maintain or enhance the existing neighborhood through compatibility with surroundings,quality and attractiveness of site and buildings, improved mobility, environmental responsibility, livability, and effective buffering with respect to type, size, intensity and relationship to the surrounding uses. Natural & Cultural Resources Impacts The site is located in the Chesapeake Bay watershed and there are no known significant cultural resources associated with this site. Jenita White Agenda Item 10 Page 3 Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Malcoms Way No Data Available Existing Land Use 2=10 ADT Proposed Land Use 58 ADT 1 as defined by a single-family 2 as defined by a single-family dwelling dwelling with a Family Day-Care Home Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Malcoms Way in the vicinity of this application is considered a two-lane undivided local street. It is not included in the Master Transportation Plan. No roadway Capital Improvement Program projects are slated for this area. Public Utility Impacts Water and Sewer The site is currently connected to both City water and sanitary sewer services. Public Outreach Information Planning Commission • The applicant reported that they met with the surrounding property owners, and two objections were raised. • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on August 9, 2021. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, August 22, 2021 and August 29, 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 August 23, 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 September 2, 2021. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, September 19, 2021 and September 26, 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 September 20, 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 October 1, 2021. Jenita White Agenda Item 10 Page 4 Proposed Site Layout v 1 .. • • - st Outdoor Play Area 1 6' Privacy ' Fence 7 3! SCREENED - ' PORCH ° 'do, `f. 4. rt 1 ' a • w of ,7�s.v* 11 D9 72 .j G T �'2—STORi BRICK ,i 72' Imp AND FRAME WITH 44 ',elr MICE v Yt. MS t.,4 , .i \ \In PORCH V b. i '! • 4 4 ' 4CONCK11. WIX 1 \ '1 i 'CONCRETE . ' o, 1 DRWWAY ri [. , • ! on (f • f PLAT:L=94 . 00 . F/ELD: L =94 , 60 " _.c f _.,\ R..356. 33 ' MA L COM` ' WAY Jenita White Agenda Item 10 Page 5 Site Photo i,:41.2, a . . r r r _ 7 '€ t �.; „ - ; _ E - 'a. `' Jenita White Agenda Item 10 Page 6 Disclosure Statement Disclosure Statement `k11T11mg&Coluniunsi Deveiopmerd 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 me City Council or a City board.commission or other body Applicant Disclosure Applicant Name Jti+r A Wis'r t Does the applicant have a representative? ❑Yes R No • I yes.first the nano of the represent:tii r is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?❑Yes U No • I'yes.li-.r t^c-a-rie'n'all officer&directors.members.trustees,e:: below (Attach a list if necessary • If yes.nst the bus nesses that have a parent-subsidiary'or affiliated dusiness entity'relations,ip with the appi.cant lAttacn a list if necessary) 'Parent-subsidiary relationsh p"means'a relationship that exists when one corporation directly or indirectly owns shares possessing mare than So percent of the voting cower of another corporation.'See State and Local Government Conflict of interests Act,VA.Code fi 2.2-3101 'Atfikated bus-ness entity relationsh=p'means"a relationship.other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest is the other baroness entry,l+'i a controlling owner,n one ent;ty is also a controlling owner in the other entity.or OM there is shares management or contro between the business entlt es factors that should be considered in determining trse eauserice of an affiliated oucrsess entity relavorrshsp induce that the tarry person or substantially the same person own or manage tfse two entities,there are consmon or commingled funds or assets the business entities share the use of the same off ces or employees or otherwise share activities,resar,rces or personnel on a regular basil;of there is otherwse a close wo•wrsg•plain-s sip between the entmes' see State and Local Government Conflict of Interes's Act,Va. Code 3 2 2-3101 Revised 12 09 2C2C 1 I l''$e Jenita White Agenda Item 10 Page 7 Disclosure Statement Disclosure Statement �y Planning& ,a t; , •� wp r s.h �.,. t Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest In the subject land or any propusec development contingent on the subject public action?0 Yes a NO • Mew whet is the name of to official or employee and what is the nature of the interest 7 pplI ant rServices Disclosure 1 Wises the applicant have any existing financing(mortgage,deeds of trust,crosscollateraliaation,etc)or are they considering any financing it connection with the subject of the aophcation or any business opeatmg or to be operated on the property? IN Yes 0 No • it yes,identify the feuncias institutions providing the servie 2 Does the ac t.c.e-t^air.i real estate broklrfagent/realtor for-..•r:^'rna snr, p err-f rrwe sales of me suo nct property? ❑Yes No • It yes,identify the company and individual pros'ding the service 3 Does the applicant have services for amounting and/or preparation of tax returns pea.sided i**connecthor with the subject of the application or any business operating or to be operated o-the property?■Yes 0 No • If yes,identify the firm and individua providing the service Prosperity Tyr Solutions.Mario White 4. Does the amptkant have services from art architect/landscape arctdtett/land planner oroulded if connection with the Subject of the appiication or any business operate g Of to be ors r•ted_-the pr crrty; Yes ■No • if yes,identify the firm and individual providing the se v,e 5 is there any other pending or proposed purchaser of the subject property?G Yes ■No • if yes,identify the purchaser and purchasers service providers. 2 I Jenita White Agenda Item 10 Page 8 Disclosure Statement Disclosure Statement P nning&Community tom , l 6. Does the appcant have a construction to te-40w ,tonnetton with the sublet:of the apff tatioe of any bus sets opetatc of to be operated on the property}D Yes I No • ff yes,Identify the company and erd;ysdaal proved,hi the servee 7 Does the app-.cant have an SI tantweveyer{apent s-sonnet:ow.with the wagon of the epplIcieson a any bonnets operating or to tse operated on the propetse)0 Yes I NO • If yes,identity the free end YfdtwdWl PowoJj the*tenet 8. is tit appirtare tecewm4 lesed*avian rn connecton wdh the ssd)Ject of the appxatton ot a-y buss-ass coetahne ot to be operated on the property)0 Yes I No • If Yee,identify the fern an*wdErsuai prondh;the sere ce Applicant Signature It rt.fy that ao of the vstsatntah n contained in th+s 0.s:Wsu a itate*rc"d o'°n ttx*'.plete Fret,and accurate '.unss trstand thia,. YOO"'ecelet of. tf<atan t°at t`,e apD`- at has Seen sd*duieo fof tno'-Ic"eat wig 1 eae responsible for modeling the infonmatioe pro.ded herein tiro weeet pion to the nineties of Nanning Comerslstwn,City Council,VIOA.(SPA,Wetlands Board et any public body or tornn,tter� connection with tNt application -- Jemiawhitii.as Mgt Naar r Ilde 2urm 21,i 1 Date Is the appwant Aso the owner of the stAyect txopertyr S YIS 0 NO • It yes,you do riot nee,'to ft o,:t the owner dcc'os s+e ttat€mefit CP.LYi Atdrutosurs ft he updatedt'wo 17}wa«.x pr it to anV plarr.,zx CO."`"",.' to the applu3t.00s fuf tore Csanets M W (N•• • J�Jt..d'f ^uc.K.Cr h-wsh''"e AntionetteAfowlka_s firmed 1105, Jenita White Agenda Item 10 Page 9 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • 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. Jenita White Agenda Item 10 Page 10 Virginia Beach Planning Commission September 8, 2021 Public Meeting Agenda Item # 10 Jenita White [Applicant & Property Owner] Conditional Use Permit (Family Day-Care Home) 1109 Malcoms Ways RECOMMENDED FOR APPROVAL— CONSENT The next agenda item is number 10 Janita White, conditional use permit for family daycare at home. The address is 1109 Malcolm's Way. Is there a representative for this item? Madam Clerk: Mr. Vice Chair. Janita White is via WebEx. Janita White, please wait two to three seconds and then state your name. Ms. White: Janita White. Mr. Wall: Thank you. Are the conditions acceptable, Ms. White? Ms. White: Yes, sir. Mr. Wall: Is there any opposition for this item to be placed on the consent agenda? Hearing none, we've asked Mr. Coston to read this into the record. Mr. Coston: The applicant is requesting a conditional use permit for a family daycare home to care for up to 12 children within a single family dwelling. A 2,000 square foot home is zoned R-7.5 Residential District and is located the Birnam Woods neighborhood. A family daycare home with four or less children is allowed by-right in residential zoning districts. With a number of children cared for increases to five or more children, excluding the provider's own children and those who reside in the home. Both state licensure and conditional use permit are required. According to the applicant, she has 30 years of experience caring for children; designated outdoor play area is located in the backyard enclosed by six foot tall privacy fence. Typical hours of operation are proposed as 6 am to 6 pm Monday through Friday. The staff has recommended approval and the Planning Commission concurs and has placed this item on the consent agenda. Mr. Wall: Okay, thank you, Mr. Chair that was the last item on the consent agenda. I move for approval of agenda items 1, 2, 3 and four, 5 and 10. Mr. Weiner: All right, we have a motion for approval. We have a second. Ms. Oliver: Second. 1 Mr. Weiner: We have a motion by Mr. Wall, second by Mrs. Oliver. Madam Clerk: The vote is open. By recorded vote of 10 in favor, zero against agenda items 1, 2, 3, 4, 5 and 10 have been approved by consent. AYE 10 NAY 0 ABS 0 ABSENT 1 Alcaraz ABSENT Bradley AYE Coston AYE Graham AYE Horsley AYE Inman AYE Klein AYE Oliver AYE Redmond AYE Wall AYE Weiner AYE CONDITIONS 1. Arrival and departure times shall be staggered to avoid vehicular congestion. 2. The Family Day-Care Home shall be limited to the total of twelve (12) children, other than children living in the home. 3. The applicant shall maintain a license with the Virginia Department of Social Services for childcare. 4. No more than one (1) person, other than the applicant, shall assist with the operation of the Family Day-Care Home at any one time. 5. Any sign identifying the home occupation shall be non-illuminated, not more than one (1) square foot in area and mounted flat against the residence. 6. The applicant shall obtain all necessary permits and inspections from the City of Virginia Beach. Prior to operation, the applicant shall obtain a Certificate of Occupancy from the Building Official's Office for use of the house as a Family Day-Care Home. 7. The applicant/owner shall maintain a six-foot privacy fence around the perimeter of the rear yard for the duration of the use. 8. There shall be only one Home Occupation, the Family Day-Care Home, operating on the property associated with this Conditional Use Permit. 9. 2 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. 3 From: Marchelle L.Coleman To: Marchelle L.Coleman Subject: Conditional use permit request(Family Day Care Home)for up to 12 Children within a single-family residence at 1109 Malcoms Way Date: Friday,September 3,2021 2:20:48 PM From: Mark Hill <mark.hillPverizon.net> Sent:Thursday,September 2, 2021 1:38 PM To: Hoa N. Dao<HDaoPvbgov.com> Subject: Conditional use permit request (Family Day Care Home)for up to 12 Children within a single-family residence at 1109 Malcoms Way 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. Hello, my name is Harold M. Hill and I live next door to the family requesting the Day Care permit at 1109 Malcoms Way.Although I know the family fairly well and we as neighbors have gotten along well. This is not personal. I am against the permit request for the following reasons:The development, Birnam Woods is a small development and has only one entrance. So a fair number of people in the development will be impacted by parents dropping off their children then leaving. Between pickup and drop off this will occur at least twice a day.This is a quiet neighborhood with a lot of retired personnel like my self. Mr. Jim Kiraly across the street from 1109 Malcoms Way didn't receive a notice probably because his house, although directly across the street faces a cul-de-sac. He doesn't like the idea and would say so if needed. Besides the noise and congestion twice a day he also has a swimming pool. I also have a swimming pool.We both have it surrounded with a privacy fence as required, but a child could find a way to circumvent that. Additionally,this is a short street and parking can be a problem.At their address there is usually 4 to 5 cars already parked without Day Care. Having discussed this news with other neighbors on our street, they have expressed their concern.And If needed would also respond with concerns. Harold M. Hill(Mark) 1113 Malcoms Way, 757-424-0673. Hoa N. Dao From: M&M Mathias <tedmax@verizon.net> Sent: Sunday, September 5, 2021 11:11 AM To: Hoa N. Dao; mark.hill@verizon.net Subject: permit 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. I live at 1116 across the street from 1109 Malcoms Way which is the SHORTEST street in the Birnam Woods sub- division. As a 30 year resident, I do not support any attempt to commercialize this mixed residential neighborhood filled with retired and professionals in government, teaching, medical, military, etc. I have major concerns for traffic safety with regard to pickup and drop-off of kids on the shortest street in the neighborhood. Many families own multiple cars, including applicant, who park on either side of street. Also, during the year parking is limited due to lined bags of leaves, brush and tree branches for recycle pickup leaving fewer parking spaces for visiting family, friends, and sometimes commercial vehicles. Further, there is a school bus stop beside that home, adding to increased congestion during pickup and drop off of school children. Birnam Woods is a quiet small neighborhood with one entrance, a semi-perimeter road and two shorter intersecting streets. With no throughway streets, this unique neighborhood does not lend itself to supporting any business operation. Please, for the above expressed concerns, DENY this application. Respectfully, Max Mathias 1 o T �u 1 rr! CITY OF VIRGINIA BEACH AGENDA ITEM 1 ITEM: City of Virginia Beach — Ordinance to amend Section 602 of the City Zoning Ordinance to relocate the dimensional requirement for a thirty (30) foot setback for yards adjacent to a street in the A-12 through A-36 Apartment Districts. MEETING DATE: October 5, 2021 • Background: The purpose of this ordinance is to relocate, but not modify, the standard within Section 602 of the Zoning Ordinance related to the minimum setback for a structure adjacent to a street in the Apartment Districts. In an apparent attempt to avoid redundancy, the minimum 30-foot setback requirement for yards adjacent to a street was placed at the end of the ordinance, in Section 602(g), stating that it applies to all side yards adjacent to a street in each of the Apartment Districts. The location of this requirement at the end of the section rather than within the tables where other dimensional standards are located has often caused the requirement to be overlooked, creating confusion for Staff, property owners, and the development community. The proposed amendment removes Section 602(g) and inserts the 30-foot setback requirement to each of the dimensional requirement charts in Sections 602(a) through 602(e). • Considerations: Placing this requirement within the text that notes all other dimensional requirements rather than at the end of the section will make it more user-friendly for Staff and community members. As noted above, the requirement itself is not changing, simply its location within the ordinance. • Recommendation: On September 8, 2021, the Planning Commission placed this this item on the Consent Agenda passing a motion by a recorded vote of 10-0 to recommend approval of this request. • Attachments: Staff Report Ordinance Minutes of Planning Commission Hearing City of Virginia Beach — Dimensional Requirements in Apartment Districts Page 2 of 2 Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department 0City Manager:,kO Applicant City of Virginia Beach Agenda Item Planning Commission Public Hearing September 8, 2021 Dimensional Requirements in Apartment Districts City of Virginia Beach Request An Ordinance to amend Section 602 of the City Zoning Ordinance to relocate the requirement for a thirty(30)foot setback for a yard adjacent to a street within the A-12 through A-36 Apartment Districts to the dimensional requirement charts in Section 602(a)through Section 602(e)for each use category. Summary of Referred Ordinances The purpose of this ordinance is to relocate, but not modify,the standard within Section 602 of the Zoning Ordinance related to the minimum setback for a structure adjacent to a street in the Apartment Districts. Placing this requirement within the text that notes dimensional requirements rather than at the end of the section will make it more user-friendly for Staff and community members. In an apparent attempt to avoid redundancy,the minimum 30 foot setback requirement for yards adjacent to a street was placed at the end of the ordinance, in Section 602(g),stating that it applies to all side yards adjacent to a street in each of the A(Apartment) Districts. This has often caused the requirement to be overlooked,creating confusion for Staff, property owners,and the development community.The proposed amendment removes Section 602(g)and inserts the 30-foot setback requirement to each of the dimensional requirement charts in Sections 602(a)through 602(e).These subsections apply to the different use categories for semi- detached dwellings,duplex dwellings,attached dwellings (townhouses), multiple-family dwellings, and uses other than dwellings.The actual setback requirement remains unchanged. Recommendation Staff recommends approval of this Ordinance as it is simply a reformatting of the Code to clarify existing regulations that will remain in effect. City of Virginia Beach Agenda Item 1 Page 1 1 AN ORDINANCE TO AMEND SECTION 602 OF 2 THE CITY ZONING ORDINANCE PERTAINING 3 TO DIMENSIONAL REQUIREMENTS IN 4 APARTMENT DISTRICTS 5 6 Section Amended: § 602 of the City Zoning 7 Ordinance 8 9 WHEREAS, the public necessity, convenience, general welfare and good zoning 10 practice so require; 11 12 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 13 BEACH, VIRGINIA: 14 15 That Section 602 of the City Zoning Ordinance is hereby amended and 16 reordained to read as follows: 17 18 Sec. 602. Dimensional requirements. 19 20 The following chart lists the requirements within the A-12 through A-36 21 Apartment Districts for minimum lot area, width, yard spacing and maximum lot 22 coverage for semidetached dwellings. 23 24 (a) For semidetached dwellings: 25 Apartment Districts A-12 A-18 A-24 A-36 (4.1) 5 feet 5 feet 5 feet 5 Minimum side yard setback for accessory structures no feet larger than 150 square feet in area and with an eave height no greater than 8 feet except when adjacent to a street: (4.2) 30 30 30 30 Minimum side yard setback when adjacent to a street in feet: (5) 10 10 10 10 Minimum rear yard setback in feet: 26 27 The following chart lists the requirements within the A-12 through A-36 28 Apartment Districts for minimum lot area, width, yard spacing and maximum lot 29 coverage for duplex dwellings. 30 31 (b) For duplex dwellings: 32 Apartment Districts A-12 A-18 A-24 A-36 (4.1) 5 feet 5 feet 5 feet 5 feet Minimum side yard setback for accessory structures no larger than 150 square feet in area and with an eave height no greater than 8 feet except when adjacent to a street: (4.2) 30 30 30 30 Minimum side yard setback when adjacent to a street in feet: (5) 10 10 10 10 Minimum rear yard setback in feet: 33 34 The following chart lists the requirements within the A-12 through A-24 35 Apartment Districts for minimum lot area, width, yard spacing, maximum lot coverage, 36 maximum density and maximum number of units constructed in a single building for 37 single-family attached dwellings (townhouses). 38 39 (c) For attached dwellings (townhouses): 40 Apartment Districts A-12 A-18 A-24 (7.1) 5 5 5 Minimum side yard setback for accessory structures no larger feet feet feet than 150 square feet in area and with an eave height no greater than 8 feet except when adjacent to a street: (7.2) 30 30 30 Minimum side yard setback when adjacent to a street in feet: (8) 20 20 20 Minimum rear yard setback for dwellings in feet: 41 42 The following chart lists the requirements within the A-12 through A-36 43 Apartment Districts for minimum lot area, width, yard spacing, maximum lot coverage 44 and maximum density for multiple-family dwellings. 45 46 (d) For multiple-family dwellings: 47 Apartment Districts A-12 A-18 A-24 A-36 (4.1) 5 feet 5 feet 5 feet 5 feet Minimum side yard setback for accessory structures no larger than 150 square feet in area and with an eave height no greater than 8 feet except when adjacent to a street: `(4.2) 30 30 30 30 Minimum side yard setback when adjacent to a street in feet: (5) 10 10 10 10 Minimum rear yard setback in feet: _ 48 49 The following chart lists the requirements within the A-12 through A-36 50 Apartment Districts for minimum lot area, width, yard spacing, maximum lot coverage 51 and maximum floor area ratio for uses and structures other than dwellings. 52 53 (e) For uses other than dwellings: 54 _ Apartment Districts A-12 A-18 A-24 A-36 (3) 30 30 30 30 Minimum front yard setback in feet: (3.1) 30 30 30 30 Minimum side yard setback when adjacent to a street in feet: (4) 15 10 10 8 Minimum side yard setback in feet: 55 56 (g) Any yard adjacent to a street within the 57 be a minimum of thirty (30) feet. 58 59 (h) (q) Front and side-yard setbacks adjacent to a street may be reduced in accordance 60 with the provisions of Part H of Article 2. 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: Uie76Prriii yth-te-a- Planning ��epartr cent City Attorney's ice CA15496 R-1 July 9, 2021 Virginia Beach Planning Commission September 8, 2021 Public Meeting Agenda Item # 1 City of Virginia Beach [Applicant] An Ordinance to amend Section 602 of the City Zoning Ordinance pertaining to dimensional requirements in Apartment Districts RECOMMENDED FOR APPROVAL— CONSENT Mr. Weiner: Thank you. Next we go to the consent agenda and Vice Chair Wall will take over. Mr. Wall: Thank you, Mr. Chairman. We have six items on the consent agenda today. The first item is agenda item number one, City of Virginia Beach an ordinance to amend section 602 of the city's zoning ordinance pertaining to dimensional requirements of apartment districts. And we've asked the City to read this into the record. Mr. Hank Morrison. Actually, state your name for the record. Mr. Morrison: My name is Hank Morrison. Mr. Wall: Is there any opposition for this item being placed on the consent agenda? Mr. Morrison: No, sir. Mr. Wall: Good. Hearing none, please proceed. Mr. Morrison: All right, so this request is to amend Section 602 of the City's Zoning Ordinance pertaining to setbacks for yards adjacent to streets in Al 2 through A36 Apartment Districts. The purpose of the proposed update is to relocate but not change the standard related to the 30 foot minimum setback for structures adjacent to streets in an apartment zoning districts. When it was originally drafted, the requirement for side yards adjacent to a street was placed at the end of the ordinance stating that it applies to all side yards adjacent to streets. The location of this requirement has often causes it to be overlooked, which has created some confusion for city staff as well as property owners and the development community. So the proposed amendment would remove section 602G and insert that 30 foot setback requirement into each of the dimensional requirements and each dimensional requirement charts in Section 602(A) through 602(E), so staff is recommending approval of this ordinance as it's essentially just reformatting the code. Mr. Wall: Okay, thank you, Mr. Chair that was the last item on the consent agenda. I move for approval of agenda items 1, 2, 3 and four, 5 and 10. Mr. Weiner: All right, we have a motion for approval. We have a second. 1 Ms. Oliver: Second. Mr. Weiner: We have a motion by Mr. Wall, second by Mrs. Oliver. Madam Clerk: The vote is open. By recorded vote of 10 in favor, zero against agenda items 1, 2, 3, 4, 5 and 10 have been approved by consent. AYE 10 NAY 0 ABS 0 ABSENT 1 Alcaraz ABSENT Bradley AYE Coston AYE Graham AYE Horsley AYE Inman AYE Klein AYE Oliver AYE Redmond AYE Wall AYE Weiner AYE 2 / c?...,u: , 1 y,'S'y.f0 �!ZL�j.,_,;„ ` :,, „3„,,,...„.„ CITY OF VIRGINIA BEACH AGENDA ITEM j ITEM: City of Virginia Beach —Ordinance to amend Section 1306 of the City Zoning Ordinance to add Assembly Uses as a Conditional Use in Historic and Cultural Districts. MEETING DATE: October 5, 2021 • Background: This text amendment is sponsored by Councilmember Wilson and requested on behalf of the Department of Cultural Affairs. The purpose of this ordinance is to add Assembly Uses as a Conditional Use in Historic and Cultural Overlay Districts. "Assembly Uses" are defined in Section 111 of the Zoning Ordinance as, "uses that involve the gathering of individuals or groups in one (1) location, such as arena, assembly halls, auditoriums, bingo halls, civic centers, eleemosynary establishments, private clubs, union halls and excluding religious uses." In order to promote the preservation of historic structures, the Zoning Ordinance currently permits the following conditional uses in Historic and Cultural overlay districts in addition to the uses permitted in the underlying zoning district: 1. Bed and breakfast inns; 2. Antique shops; 3. Museums and art galleries; 4. Specialty shops; and 5. Offices of nonprofit organizations. • Considerations: Adding Assembly Uses as a conditional use will provide property owners with more options and flexibility for utilization of their property; and in some instances, the additional revenue may help with the maintenance and preservation of historic resources in Virginia Beach. The appropriateness and ultimate approval of an Assembly Use within a Historic and Cultural District will be at the discretion of City Council through the review of a Conditional Use Permit and subject to a finding that the operation of the use will not produce adverse impacts, such as excess traffic, noise or on-street parking demand, upon the surrounding area. • Recommendation: On September 8, 2021 , the Planning Commission placed this this item on the Consent Agenda passing a motion by a recorded vote of 10-0 to recommend approval of this request. City of Virginia Beach —Assembly Uses as Conditional Uses in Historic and Cultural Districts Page 2 of 2 • Attachments: Staff Report Ordinance Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department *?7 City Manager:/ Applicant City of Virginia Beach Agenda Item Planning Commission Public Hearing September 8, 2021 Assembly Uses in Historic and Cultural Districts 2 City of Virginia Beach Request An Ordinance to amend Section 1306 of the City Zoning Ordinance to add Assembly Uses as a Conditional Use in the Historic and Cultural Districts. Summary of Referred Ordinances The purpose of this ordinance is to add Assembly Uses as a Conditional Use in Historic and Cultural Districts. "Assembly Uses" are defined in Section 111 of the Zoning Ordinance as, "uses that involve the gathering of individuals or groups in one(1) location,such as arena, assembly halls, auditoriums, bingo halls, civic centers,eleemosynary establishments, private clubs, union halls and excluding religious uses." In order to promote the preservation of historic structures,the Zoning Ordinance currently permits the following conditional uses in Historic and Cultural districts: 1. Bed and breakfast inns; 2. Antique shops; 3. Museums and art galleries; 4. Specialty shops;and 5. Offices of nonprofit organizations. Adding Assembly Uses will provide property owners with more options and flexibility for utilization of their property; and in some instances the additional revenue may help with the maintenance and preservation of historic resources in Virginia Beach. The appropriateness and ultimate approval of an Assembly Use within a Historic and Cultural District will be at the discretion of City Council through the review of a Conditional Use Permit and subject to a finding that the operation of the use will not produce adverse impacts,such as excess traffic, noise or on-street parking demand, upon the surrounding area. Recommendation Staff recommends approval of this Ordinance for reasons stated above. City of Virginia Beach Agenda Item 2 Page 1 1 AN ORDINANCE TO AMEND SECTION 1306 2 OF THE CITY ZONING ORDINANCE TO ADD 3 ASSEMBLY USES AS CONDITIONAL USES 4 IN THE HISTORIC AND CULTURAL 5 DISTRICTS 6 7 Section Amended: § 1306 of the City Zoning 8 Ordinance 9 10 WHEREAS, the public necessity, convenience, general welfare and good zoning 11 practice so require; 12 13 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 14 BEACH, VIRGINIA: 15 16 That Section 105 of the City Zoning Ordinance is hereby amended and 17 reordained to read as follows: 18 19 Sec. 1306. Conditional uses. 20 21 (a) In order to promote the preservation of historic structures, the following uses shall 22 be permitted within the historic and cultural district, regardless of the underlying 23 zoning district classification, if authorized by a conditional use permit. A conditional 24 use permit may be granted only if the city council finds that the operation of the use 25 will not produce adverse impacts, such as excess traffic, noise or on-street parking 26 demand, upon the surrounding area: 27 28 (1) Bed and breakfast inns; 29 30 (2) Antique shops; 31 32 (3) Museums and art galleries; 33 34 (4) Specialty shops; and 35 36 (5) Offices of nonprofit organizations:; and 37 38 (6) Assembly uses. 39 40 (b) No conditional use permit shall be required for any such use allowed as a principal 41 use in the zoning district underlying the historic and cultural district unless living 42 quarters are provided. 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: /Li t _ Planning Department City Attorney's Office CA15509 R-1 July 28, 2021 Virginia Beach Planning Commission September 8, 2021 Public Meeting Agenda Item # 2 City of Virginia Beach [Applicant] An Ordinance to amend Section 1306 of the City Zoning Ordinance to add Assembly Uses as Conditional Uses in the Historic & Cultural Districts RECOMMENDED FOR APPROVAL— CONSENT Mr. Wall: Okay, thank you. Okay, the next item is agenda item number two City of Virginia Beach as well, in an ordinance to amend section 1306 of the City's Zoning Ordinance to add assembly uses as conditional uses in the historic and cultural districts. And the city, we've asked the city to speak on this item. Is there any opposition for this item being placed on the consent agenda, hearing none, Mr. Morrison, can you please read this one? Mr. Morrison: Alright, so this request is to amend Section 1306 of the Zoning Ordinance to add assembly uses as conditional uses within historic and cultural zoning districts. So an assembly use is defined as one that involves the gathering of individuals or groups in one location such as an arena, assembly hall, auditorium, bingo hall, civic center, eleemosynary establishments, private clubs, union halls and excluding religious uses. So adding these uses would provide property owners with a little bit more flexibility and options for utilization of their property. Staff is recommending approval of this ordinance as the appropriateness and ultimate approval of any assembly use would be at the discretion of city council through the conditional use permit process. Mr. Wall: Okay, thank you. Mr. Morrison: Thank you. Mr. Wall: Okay, thank you, Mr. Chair that was the last item on the consent agenda. I move for approval of agenda items 1, 2, 3 and four, 5 and 10. Mr. Weiner: All right, we have a motion for approval. We have a second. Ms. Oliver: Second. Mr. Weiner: We have a motion by Mr. Wall, second by Mrs. Oliver. Madam Clerk: The vote is open. By recorded vote of 10 in favor, zero against agenda items 1, 2, 3, 4, 5 and 10 have been approved by consent. 1 AYE 10 NAY 0 ABS 0 ABSENT 1 Alcaraz ABSENT Bradley AYE Coston AYE Graham AYE Horsley AYE Inman AYE Klein AYE Oliver AYE Redmond AYE Wall AYE Weiner AYE 2 M. APPOINTMENTS 2040 VISION TO ACTION COMMUNITY COALITION BEACHES AND WATERWAYS ADVISORY COMMISSION BIKEWAYS AND TRAILS ADVISORY COMMITTEE CLEAN COMMUNITY COMMISSION COMMUNITY ORGANIZATION GRANT(COG) REVIEW AND ALLOCATION COMMITTEE DEFERRED COMPENSATION BOARD GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HISTORICAL REVIEW BOARD HOUSING ADVISORY BOARD INVESTIGATION REVIEW PANEL MINORITY BUSINESS COUNCIL OCEANA LAND USE CONFORMITY COMMITTEE OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PROCESS IMPROVEMENT STEERING COMMITTEE PUBLIC LIBRARY BOARD RESORT ADVISORY COMMISSION SOCIAL SERVICES ADVISORY BOARD TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE URBAN AGRICULTURE ADVISORY COMMITTEE WETLANDS BOARD N. UNFINISHED BUSINESS O. NEW BUSINESS P. RECESS TO CLOSED SESSION Q. RECONVENE FORMAL SESSION A. CERTIFICATION OF CLOSED SESSION R. APPOINTMENT OF LYNNHAVEN DISTRICT CITY COUNCIL MEMBER S. ADJOURNMENT *********************** OPEN DIALOGUE Non-Agenda Items Each Speaker will be allowed 3 minutes ********************************** ft#tt#ti#i••►****************t#**** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 3854303 ************s************* 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 TChelius@vbgov.com or call 385-4303. Citizens who wish to speak can sign up either in-person or virtually via WebEx. Anyone wishing to participate virtually,must follow the two-step process provided below: 1. Register for the WebEx at: https://vbgov.webex.com/vbgov/onstage/g.php?MTID=e4e51 f2616a8546ab20a635c7dd27f6e0 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on October 5, 2021. CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:09/21/21 PAGE: 1 B E AGENDA R H ITEM# SUBJECT MOTION VOTE L H 0 W V W U E L J R T I A O CDNCOMOO L C O C Y L ONOUWS A T HE EME S S EONE IR YBS S ERN TN CITY COUNCIL'S BRIEFING A. AMERICAN RESCUE PLAN ACT(ARPA) FUNDING PROPOSALS 1. UNITED WAY OF SOUTH HAMPTON Michele Anderson, ROADS President and CEO 2. FOODBANK OF SOUTHEASTERN Bob Latvis,Chief VIRGINIA and EASTERN SHORE Operations Officer II. CITY MANAGER'S BRIEFING A. FY2021-22 MONTHLY FINANCIAL Kevin Kielbasa- UPDATE Principal Accountant— Finance B. VIRGINIA BEACH DEVELOPMENT Emily Archer,Senior AUTHORITY(VBDA)- Planner/Urban CORPORATE LANDING BUSINESS PARK Designer-Strategic Growth Area Office III- VII. CERTIFICATION OF CLOSED CERTIFIED 10-0 Y Y Y Y Y Y Y Y Y Y A-E SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS 10-0 Y Y Y Y Y Y Y Y Y Y September 7,2021 G. MAYOR'S PRESENTATION 1. RECOGNITION OF KING NEPTUNE XLVII Patrick Shuler and Court Jeff and Debbie Marks,Celebration Chairmen H. PUBLIC HEARINGS 1. CREATE A COMMERCIAL PROPERTY 7 Speakers ASSESSED CLEAN ENERGY(C-PACE) FINANCING AND RESILIENCY PROGRAM 2. ACQUISITION,BY AGREEMENT OR 8 Speakers CONDEMNATION Eastern Branch Lynnhaven Dredging Transfer Station-2540 Virginia Beach Blvd J.1. Resolution SETTING FORTH the process ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y Y Y re nomination and election of the Vice CONSENT Mayor J.2. Resolution to APPOINT Ashley-Loren ADOPTED,BY 10-0 Y Y Y YYY Y Y Y Y Grant as Assistant City Attorney,effective CONSENT September 23,2021 CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:09/21/21 PAGE: 2 B E AGENDA R H ITEM# SUBJECT MOTION VOTE L H 0 W V W U E L J R T I A O CDNC OMOOL C O C Y L ONOUWS A T HE EME S S EONE I R Y B S S ERN TN J.3. Ordinance to TRANSFER$150,000 to the ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y Y Y FY2021-22 Communications Office CONSENT Operating Budget re Ripple Effect paid media campaign (Requested by Council Member Moss) J.4. Ordinance to CARRY FORWARD and ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y Y Y APPROPRIATE $18,312,054 to the FY CONSENT 2021-22 Operating Budget re purposes previously approved in FY2020-21 K.1. THOMAS A. BROWN for a Variance to APPROVED/ 10-0 Y Y Y Y Y Y Y Y Y Y Section 4.4(b)of the Subdivision Regulations CONDITIONED, re subdivide two(2)lots to create a total of BY CONSENT three(3)lots along Indian River Road just South of South Independence Boulevard DISTRICT 1-CENTERVILLE K.2. TED TIGNOR fora Change in APPROVED/ 10-0 Y Y Y YYY Y Y Y Y Nonconformity re an addition and CONDITIONED, enlargement of existing dwelling at 501 BY CONSENT Carolina Avenue DISTRICT 6-BEACH K.3. VIRGINIA BEACH DEVELOPMENT DEFERRED TO 10-0 Y Y Y Y Y Y Y Y Y Y AUTHORITY/ VIRGINIA BEACH OCTOBER 19, DEVELOPMENT AUTHORITY & 2021,BY FROB,LLC for a Modification of Proffer to CONSENT a Conditional Change of Zoning update Design Criteria re portion of Corporate Landing Business Park DISTRICT 7 - PRINCESS ANNE (Deferred from September 7,2021) K.4. WAKEFIELD DEVELOPMENT,LLC/ APPROVED,AS 10-0 Y Y Y Y Y Y Y Y Y Y MERLIN BEILER,TRUSTEE OF THE PROFFERED ELVA Y.BEILER TRUST&OF ELVA Y. BEILER LAND TRUST for a Conditional Change of Zoning from R-15 Residential District & AG-1 Agricultural District to Conditional R-10 Residential District re develop an eighty-six (86) lot single-family community at 2328 &2264 Salem Road DISTRICT 7 - PRINCESS ANNE K.5. TWO FARMS, INC DBA ROYAL APPROVED/ 7-2 Y Y Y Y AN Y Y Y N FARMS / HOLLOMON-BROWN PROFFERED/ B FUNERAL HOME,BAYSIDE CHAPEL, CONDITIONED, S INC for a Conditional Change of Zoning AS AMENDED E from 0-2 Office to Conditional B-2 N Community Business and Conditional Use T Permits re automobile service station and car wash facility at the Southeast Corner of General Booth Boulevard&Princess Anne Road DISTRICT 7-PRINCESS ANNE *Council Member Jones filed an Abstention Letter but stepped out during vote. CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:09/21/21 PAGE: 3 B E AGENDA R H ITEM# SUBJECT MOTION VOTE L H 0 W V W U E L J R T I A 0 CDNC O M O O L C O C Y L ONOUWS A T HE EME S S EONE I R Y B S S ERN TN L. APPOINTMENTS Rescheduled BY C ONS E N S US 2040 VISION TO ACTION COMMUNITY COALITION BEACHES AND WATERWAYS ADVISORY COMMISSION BIKEWAYS AND TRAILS ADVISORY COMMITTEE CLEAN COMMUNITY COMMISSION COMMUNITY ORGANIZATION GRANT (COG)REVIEW AND ALLOCATION COMMITTEE GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HISTORICAL REVIEW BOARD HOUSING ADVISORY BOARD INVESTIGATION REVIEW PANEL MINORITY BUSINESS COUNCIL OCEANA LAND USE CONFORMITY COMMITTEE OPEN SPACE ADVISORY COMMITTEE PROCESS IMPROVEMENT STEERING COMMITTEE TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE URBAN AGRICULTURE ADVISORY COMMITTEE WETLANDS BOARD COMMUNITY POLICY AND Appointed: 10-0 Y Y Y YYY Y Y Y Y MANAGEMENT TEAM Jenny Hodge Representing Tidewater Youth Services Commission Unexpired Term thru 5/31/2023 DEFERRED COMPENSATION BOARD Appointed: 10-0 Y Y Y YYYY Y Y Y Crystal Pate Representing VBCPS Chief Financial Officer No Term GREEN RIBBON COMMITTEE Reappointed: 10-0 Claudia Cotton Representing Coastal Virginia Building Industry Assoc. Roy Flanagan Barbara M.Henley Representing City Council Member Albert Henley Emily Steinhilber 3 Year Term 1/11/2021— 10/31/2024 CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:09/21/21 PAGE: 4 B E AGENDA R H ITEM# SUBJECT MOTION VOTE L H 0 W V W U E L J R T I A O C DNC O M O O L C O C Y L ONOUWS A HE EME S S EONE I R YBS S ERN T N HISTORICAL REVIEW BOARD Reappointed: 10-0 Y Y Y Y Y Y Y Y Y Y Steven McNaughton Richard Poole Representing Licensed Architect Mary Schmidt Damian Seitz Representing Licensed Architect James Vachon 3 Year Term 1/11/2021— 10/31/2024 OCEANA LAND USE CONFORMITY Appointed: 10-0 Y Y Y Y Y Y Y Y Y Y COMMITTEE Captain Robert Holmes Representing U.S. Navy Designee No Term PARKS AND RECREATION COMMISSION Appointed: 10-0 Y Y Y Y Y Y Y Y Y Y John Boyd Representing Rose Hall District Unexpired thru 8/21/2022 +3 years 9/21/2021 —8/31/2025 Austin Gregory Representing Lynnhaven District 3 Year Term 9/21/2021— 8/31/2024 M Tr!% ADJOURNMENT 9:12 PM 0