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1-17-2023 FORMAL SESSION AGENDA CITY OF VIRGINIA EACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR ROBERT M. "BOBBY"DYER,At Large C,1141A'$Egcy VICE MAYOR ROSEMARY WILSON—District 5 544 � MICHAEL F.BERLUCCHI—District 3 0 • BARBARA M.HENLEY—District 2 N.D. "ROCKY"HOLCOMB—District 1 U `.: ►_ ROBERT W. "WORTH"REMICK—District 6 ` • DR.AMELIA N.ROSS-HAMMOND—District 4 JENNIFER ROUSE—District 10 JOASHUA F. "JOASH"SCHULMAN—District 9 °° OUR wit' CHRIS TAYLOR—District 8 SABRINA D. WOOTEN—District 7 CITY HALL BUILDING 1 CITY COUNCIL APPOINTEES 2401 COURTHOUSE DRIVE CITY MANAGER-PATRICK A.DUHANEY VIRGINIA BEACH, VIRGINIA 23456 CITY ATTORNEY-MARK D.STILES CITY COUNCIL AGENDA PHONE:(757)385-4303 CITY ASSESSOR-SUE CUNNINGHAM FAX(757)385-5669 CITY AUDITOR-LYNDONS.REMIAS January 17,2023 EMAIL:CITYCOUNCIL@VBGOVCOM CITY CLERK-AMANDA BARNES MAYOR ROBERT M. "BOBBY" DYER PRESIDING I. CITY COUNCIL'S BRIEFINGS - Conference Room- 1:30 PM A. CITY OF VIRGINIA BEACH FINANCIAL MANAGEMENT David Rose, Senior Vice President and Manager of Public Finance—Davenport& Company Kyle Laux, Senior Vice President—Davenport& Company B. FIRE DEPARTMENT FLEX AND SICK LEAVE 2:15 PM Chief Kenny Pravetz—Fire Monica Kopin, Co-Acting Interim Director—Human Resources (Requested by Council Member Henley) C. CITY'S ELECTION SYSTEM PUBLIC INPUT PROCESS 2:45 PM Mark Stiles, City Attorney Christopher S. Boynton, Deputy City Attorney Tiffany Russell, Director—Communications II. CITY MANAGER'S BRIEFING A. PENDING PLANNING ITEMS 3:45 PM Kathy Warren, Interim Director—Planning Carrie Bookholt, Deputy Director—Planning III. CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS 4:00 PM IV. CITY COUNCIL AGENDA REVIEW 4:15 PM V. INFORMAL SESSION - Conference Room- 4:30 PM A. CALL TO ORDER B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer B. INVOCATION C. 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. SPECIAL SESSION January 3, 2023 2. INFORMAL and FORMAL SESSIONS January 3, 2023 3. FORMAL SESSION January 10, 2023 G. MAYOR'S PRESENTATION 1. GOLD MEDAL FINALIST AWARD—VIRGINIA BEACH PARKS AND RECREATION Sue Black,Executive Director of the Virginia Recreation and Park Society and Member of the American Academy for Park and Recreation Administration(AAPRA) H. FORMAL SESSION AGENDA 1. CONSENT AGENDA I. ORDINANCES/RESOLUTION 1. Ordinance to REPEAL City Code Section 36-157 re identification lights in taxicabs (Requested by Vice Mayor Wilson) 2. Resolution to RESCIND Resolution Adopted December 13, 2022, directing the City Manager to develop a public input process re Election System (Requested by Council Member Wooten) 3. Ordinance to APPROPRIATE $30,000 from the Virginia Department of Criminal Justice Services (DCJS) to the FY2022-23 Police Department Operating Budget re recruitment and retention of sworn personnel 4. Ordinance to ACCEPT and APPROPRIATE $866,900 from the Commonwealth of Virginia to the Virginia Beach Development Authority (VBDA) re site due diligence studies, sewer design and construction at Innovation Park 5. Ordinance to ACCEPT and APPROPRIATE $36,111 from the Virginia Department of Environmental Quality (DEQ) to the Waste Management Enterprise and Parks and Recreation Special Revenue Funds re litter prevention and recycling 6. Ordinance to ACCEPT and APPROPRIATE $5,362 from the Virginia Department of Criminal Justice Services(DCJS)to the FY 2022-23 Human Services Operating Budget re salary increases in the Community Corrections and Pretrial Services Division 7. Ordinance to TRANSFER $6,781,146 within the American Rescue Plan Act (ARPA) Grant appropriations to other projects re fully expend the grant award within the U.S. Treasury's established guidelines J. PLANNING 1. ATLANTIC DEVELOPMENT ASSOCIATES, LLC & WPL VENTURES, LLC for a Variance to Section 4.4(b)of the Subdivision Regulations re subdivide two(2)lots at 111 73rd Street DISTRICT 6 (formerly District 5 —Lynnhaven) Deferred from December 6, 2022 RECOMMENDATION: APPROVAL 2. NIMMO UNITED METHODIST CHURCH for a Street Closure re approximately 21,961 square feet of former Princess Anne Road adjacent to 2040 Nimmo Church Lane DISTRICT 2 (formerly District 7—Princess Anne) RECOMMENDATION: APPROVAL 3. HICKMAN SHOPPES, LLC for a Modification of Proffers to a Conditional Change of Zoning re revise previously approved proffered site plan and enhanced landscape buffer at 2216 General Booth Boulevard DISTRICT 5 (formerly District 7 — Princess Anne) Approved May 27, 2014 and March 7, 2017 RECOMMENDATION: APPROVAL 4. BONNEY'S CORNER ASSOCIATES, LLP for a Conditional Change of Zoning from B-2 Community Business District to Conditional B-4 Mixed Use District re 81,150 square feet of retail & up to 322 multi-family dwelling units at 1385 Fordham Drive DISTRICT 1 (formerly District 2—Kempsville) RECOMMENDATION: APPROVAL APPLICANT REQUESTS INDEFINITE DEFERRAL 5. EXPRESS WASH PROPERTY HOLDINGS, LLC /LES S. KUSHNER, TRUSTEE OF THE IRENE G. SCHWARTZ QUALIFIED TERMINABLE INTEREST PROPERTY MARITAL TRUST, STEVEN B. SANDLER, ARTHUR B. SANDLER, ESTATE OF MORTON BRESENOFF & VIRGINIA ELECTRIC AND POWER COMPANY for a Conditional Change of Zoning from AG-2 Agricultural District to Conditional B-2 Community Business District and a Conditional Use Permit re car wash facility at 3503 Dam Neck Road, a portion of a 66-foot VEPCO right-of-way east of 3503 Dam Neck Road and the western portion of the parcel on the corner of Dam Neck Road& Monet Drive DISTRICT 2 (formerly District 7—Princess Anne) RECOMMENDATION: APPROVAL 6. VIRGINIA ELECTRIC AND POWER COMPANY D/B/A DOMINION ENERGY VIRGINIA / PUNGO AIRFIELD, LLC for a Conditional Use Permit re public utility transformer stations & major transmission lines & towers at 1848 Princess Anne Road DISTRICT 2 (formerly District 7—Princess Anne) RECOMMENDATION: APPROVAL 7. PERMANENT PICTURES TATTOO LLC / DAM NECK SQUARE, LLC for a Conditional Use Permit re tattoo parlor at 1581 General Booth Boulevard, Suite 104 DISTRICT 5 (formerly District 6—Beach) RECOMMENDATION: APPROVAL 8. CHRISTIANA ROJAS/RED MILL NORTH,LLC for a Conditional Use Permit re tattoo parlor at 2133 Upton Drive, Suite 120 DISTRICT 5 (formerly District 7—Princess Anne) RECOMMENDATION: APPROVAL 9. BIRDNECK OCEAN ANNEX,LLC/PITSILIDES LAND TRUST for a Conditional Use Permit re mini-warehouse at 1069 Laskin Road DISTRICT 6 (formerly District 6—Beach) RECOMMENDATION: APPROVAL 10. VALVOLINE, LLC/HOLLAND CENTURY ASSOCIATES,LLP for a Conditional Use Permit re automobile repair garage at 3949 Holland Road DISTRICT 10 (formerly District 3 —Rose Hall) RECOMMENDATION: APPROVAL 11. Resolution to ADOPT and INCORPORATE into the Virginia Beach Comprehensive Plan 2016 re The Resort Area Mobility Plan 2022 RECOMMENDATION: APPROVAL K. APPOINTMENTS ACTIVE TRANSPORTATION ADVISORY COMMITTEE ADVERTISING ADVISORY COMMITTEE AGRICULTURAL ADVISORY COMMISSION BAYFRONT ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION BOARD OF BUILDING CODE APPEALS CLEAN COMMUNITY COMMISSION COMMUNITY CRIMINAL JUSTICE BOARD DEFERRED COMPENSATION BOARD GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMISSION INDEPENDENT CITIZEN REVIEW BOARD IN-HOUSE PHARMACY EXPLORATORY COMMITTEE MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE OCEANA LAND USE CONFORMITY COMMITTEE OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PERSONNEL BOARD PLANNING COMMISSION PROCESS IMPROVEMENT STEERING COMMITTEE SOCIAL SERVICES ADVISORY BOARD RESORT ADVISORY COMMISSION TA/ITA CITIZENS ADVISORY COMMITTEE URBAN AGRICULTURE ADVISORY COMMITTEE VIRGINIA BEACH CANNABIS ADVISORY TASK FORCE VIRGINIA BEACH COMMUNITY DEVELOPMENT COALITION WETLANDS BOARD L. UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT *********************************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ************************* The Agenda(including all backup documents) is available at https://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=e44622fcfaf478904e927f J344b6a398a 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on January 17, 2023. I. CITY COUNCIL'S BRIEFINGS - Conference Room- 1:30 PM A. CITY OF VIRGINIA BEACH FINANCIAL MANAGEMENT David Rose, Senior Vice President and Manager of Public Finance—Davenport& Company Kyle Laux, Senior Vice President—Davenport& Company B. FIRE DEPARTMENT FLEX AND SICK LEAVE 2:15 PM Chief Kenny Pravetz—Fire Monica Kopin, Co-Acting Interim Director—Human Resources (Requested by Council Member Henley) C. CITY'S ELECTION SYSTEM PUBLIC INPUT PROCESS 2:45 PM Mark Stiles, City Attorney Christopher S. Boynton, Deputy City Attorney Tiffany Russell, Director—Communications II. CITY MANAGER'S BRIEFING A. PENDING PLANNING ITEMS 3:45 PM Kathy Warren, Interim Director—Planning Carrie Bookholt, Deputy Director—Planning III. CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS 4:00 PM IV. CITY COUNCIL AGENDA REVIEW 4:15 PM V. INFORMAL SESSION - Conference Room- 4:30 PM A. CALL TO ORDER B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer B. INVOCATION C. 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. SPECIAL SESSION January 3, 2023 2. INFORMAL and FORMAL SESSIONS January 3, 2023 3. FORMAL SESSION January 10, 2023 G. MAYOR'S PRESENTATION 1. GOLD MEDAL FINALIST AWARD—VIRGINIA BEACH PARKS AND RECREATION Sue Black,Executive Director of the Virginia Recreation and Park Society and Member of the American Academy for Park and Recreation Administration (AAPRA) H. FORMAL SESSION AGENDA 1. CONSENT AGENDA I. ORDINANCES/RESOLUTION 1. Ordinance to REPEAL City Code Section 36-157 re identification lights in taxicabs (Requested by Vice Mayor Wilson) 2. Resolution to RESCIND Resolution Adopted December 13, 2022, directing the City Manager to develop a public input process re Election System (Requested by Council Member Wooten) 3. Ordinance to APPROPRIATE $30,000 from the Virginia Department of Criminal Justice Services (DCJS) to the FY2022-23 Police Department Operating Budget re recruitment and retention of sworn personnel 4. Ordinance to ACCEPT and APPROPRIATE $866,900 from the Commonwealth of Virginia to the Virginia Beach Development Authority (VBDA) re site due diligence studies, sewer design and construction at Innovation Park 5. Ordinance to ACCEPT and APPROPRIATE $36,111 from the Virginia Department of Environmental Quality (DEQ) to the Waste Management Enterprise and Parks and Recreation Special Revenue Funds re litter prevention and recycling 6. Ordinance to ACCEPT and APPROPRIATE $5,362 from the Virginia Department of Criminal Justice Services(DCJS)to the FY 2022-23 Human Services Operating Budget re salary increases in the Community Corrections and Pretrial Services Division 7. Ordinance to TRANSFER $6,781,146 within the American Rescue Plan Act (ARPA) Grant appropriations to other projects re fully expend the grant award within the U.S. Treasury's established guidelines 14;ro ��is' J` CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Repeal Section 36-157 of the City Code Pertaining to Identification Lights in Taxicabs MEETING DATE: January 17, 2023 • Background: The City Code previously required domelights for taxicabs, but on July 12, 2022, the City Council adopted an ordinance that repealed that Code provision. A different section of the City Code requires an identification light. Both of those requirements were enacted in 1965. • Considerations: Lights can be expensive to install and maintain, and they are no longer needed to identify taxicabs. This ordinance, which was requested by representatives of the taxicab industry, repeals the identification light requirement. • Public Information: Public information will be provided through the normal Council agenda process. • Attachment: Ordinance. Requested by Vice Mayor Wilson REQUESTED BY VICE MAYOR WILSON 1 AN ORDINANCE TO REPEAL SECTION 36- 2 157 OF THE CITY CODE PERTAINING TO 3 IDENTIFICATION LIGHTS IN TAXCABS 4 5 SECTION REPEALED: § 36-157 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 8 BEACH, VIRGINIA: 9 10 That Section 36-157 of the Code of the City of Virginia Beach, Virginia, is hereby 11 repealed: 12 13 14 15 • 16 , 17 Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2023. APPROVED AS TO LEGAL SUFFICIENCY: Z.av&40-‘ City Attorney's Office CA16009 R-1 January 6, 2023 / iuill °E c E.M :NA, 4 0 CITY OF VIRGINIA BEACH AGENDA ITEM j ITEM: A Resolution to Rescind Previous Direction on December 13, 2022, Directing the City Manager to Develop a Public Input Process Regarding the City's Election System MEETING DATE: January 17, 2023 • Background: Over 100,000 voters participated in the November 8, 2022, elections for the City Council and the School Board under the ten-district ward system. On the November 8, 2022, the voters in the general and special elections elected the most diverse City Council in the history of Virginia Beach. The City Council will be required to enact a decennial redistricting plan prior to the November 2024 general election. An additional election cycle may assist in providing input to the City Council regarding whether it is appropriate to provide more election officials and voting machines. The City Council vote on December 13, 2022, did not reflect the input of newly elected Councilmembers and may impugn the results of their elections by changing the election system from what has been discussed for the last several years because of the federal lawsuit and state law changes. The City Council should protect the voting rights of the citizens and work collaboratively with newly elected Councilmembers to support the Virginia Voting Rights Act. • Considerations: The attached resolution rescinds the resolution adopted on December 13, 2022, directing the City Manager to develop a public input process regarding the City's election system. A copy of this resolution was distributed to the members of the City Council at the meeting on January 3, 2023. • Public Information: Normal Council agenda process. • Attachments: Resolution; December 13, 2022 Resolution Requested by Councilmember Wooten REQUESTED BY COUNCILMEMBER WOOTEN 1 A RESOLUTION TO RESCIND A RESOLUTION ADOPTED 2 ON DECEMBER 13, 2022, THAT DIRECTED THE CITY 3 MANAGER DEVELOP A PUBLIC INPUT PROCESS 4 REGARDING THE CITY'S ELECTION SYSTEM 5 6 WHEREAS, the City Charter is the result of a consolidation agreement between 7 the City of Virginia Beach and Princess Anne County, dated November 10, 1961; 8 9 WHEREAS, starting in 1966, the City Charter provided for at large election of all 10 members of the City Council; 11 12 WHEREAS, legislation enacted by the General Assembly in 2021 changed any 13 residence districts, such as the residence districts described in Section 3.01 of the City 14 Charter, into wards, which are also known as single-member election districts; 15 16 WHEREAS, a remedial plan imposed by the U.S. District Court for the Eastern 17 District of Virginia in December 2021 required the City to prepare for the 2022 general 18 and special elections using a ten-district ward system of election; 19 20 WHEREAS, on July 27, 2022, the Fourth Circuit U.S. Court of Appeals vacated the 21 district court's orders, but such vacation occurred after the candidates for the 2022 22 general and special elections had qualified, and accordingly the November 8, 2022, 23 general and special elections proceeded under the ten-district ward system previously 24 ordered by the district court; 25 26 WHEREAS, over 100,000 voters participated in the November 8, 2022, elections 27 for the City Council and the School Board under the ten-district ward system; 28 29 WHEREAS, on the November 8, 2022 general and special elections the voters 30 elected the most diverse City Council in the history of Virginia Beach; 31 32 WHEREAS, the City Council will be required to enact a decennial redistricting plan 33 prior to the November 2024 general election; 34 35 WHEREAS, an additional election cycle may assist in providing input to the City 36 Council regarding whether it is appropriate to provide more election officials and voting 37 machines; 38 39 WHEREAS, the City Council vote on December 13, 2022, did not reflect the input 40 of newly elected Councilmembers and may impugn the results of their elections by 41 changing the election system from what has been discussed for the last several years 42 because of the federal lawsuit and state law changes; 43 44 WHEREAS, the City Council should protect the voting rights of the citizens and 45 work collaboratively with newly elected Councilmembers to support the Virginia Voting 46 Rights Act; 47 48 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 49 OF VIRGINIA BEACH, VIRGINIA, THAT: 50 51 The Resolution adopted on December 13, 2022, to direct the City Manager to 52 develop a public input process regarding the City's election system is hereby rescinded. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2023. APPROVED AS TO LEGAL SUFFICIENCY: orn s ice CA16015 R-1 January 5, 2023 REQUESTED BY MAYOR DYER 1 A RESOLUTION TO DIRECT THE CITY MANAGER TO 2 DEVELOP A PUBLIC INPUT PROCESS REGARDING THE 3 CITY'S ELECTION SYSTEM 4 5 WHEREAS, the City Charter is the result of a consolidation agreement between 6 the City of Virginia Beach and Princess Anne County, dated November 10, 1961; 7 8 WHEREAS, starting in 1966, the City Charter provided for at large election of all 9 members of the City Council; 10 11 WHEREAS, legislation enacted by the General Assembly in 2021 changed any 12 residence districts, such as the residence districts described in Section 3.01 of the City 13 Charter, into wards, which are also known as single-member election districts; 14 15 WHEREAS, a remedial plan imposed by the U.S. District Court for the Eastern 16 District of Virginia in December 2021 required the City to prepare for the 2022 general 17 and special elections using a ten-district ward system of election; 18 19 WHEREAS, on July 27, 2022, the Fourth Circuit U.S. Court of Appeals vacated the 20 district court's orders, but such vacation occurred after the candidates for the 2022 21 general and special elections had qualified, and accordingly the November 8, 2022 22 general and special elections proceeded under the ten-district ward system previously 23 ordered by the district court; 24 25 WHEREAS, with the vacation of the district court's order, the City Council must 26 enact a decennial redistricting plan prior to the November 2024 general election; 27 28 WHEREAS, the City Council desires to have a robust public input process that 29 allows the residents multiple avenues to submit input to the City Council regarding the 30 future of elections in the City; 31 32 WHEREAS, the City Council further desires to initiate and substantially complete 33 the public input process with sufficient time to allow the City Council to decide whether to 34 place a referendum on the ballot for the November 7, 2023 election to further receive the 35 input of the residents; 36 37 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 38 OF VIRGINIA BEACH, VIRGINIA, THAT: 39 40 The City Manager, in coordination with the City Attorney, is hereby directed to 41 develop a public information and input process beginning in January, 2023 that includes 42 the following features: 43 - Multiple public briefings and input sessions in both the daytime and the evening 44 hours at various locations within the City; 45 - A webpage and web tool to allow residents to submit comments online; and 46 - Other opportunities for input at the recommendation of the City's 47 Communications Office. 48 As part of the public information and input process, the City Attorney's Office is 49 authorized to provide public briefings discussing the prior litigation and existing legal 50 precedents and statutes applicable to potential election methods to community groups 51 and organizations when requested by any member of the City Council. 52 53 BE IT FURTHER RESOLVED, THAT: 54 55 The City Council desires the public input process to be substantially completed 56 prior to August 18, 2023, which is the deadline to request a referendum election be held 57 at the November, 7, 2023 election. 58 59 BE IT FURTHER RESOLVED, THAT: 60 61 The City Council intends to appoint liaisons for the public input process, and such 62 liaisons are to represent the interests of the City Council, to provide informal direction 63 where required, and to give regular reports to the City Council. Adopted by the Council of the City of Virginia Beach, Virginia, on the 13 t h day of December . 2022. APPROVED AS TO LEGAL SUFFICIENCY: Attorney's Office CA15998 R-1 December 2, 2022 11 fl ►` f •ivfe( CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate $30,000 from the Virginia Department of Criminal Justice Services for the Recruitment and Retention of Sworn Personnel MEETING DATE: January 17, 2023 • Background: In Chapter 56 of the Virginia Acts of Assembly, 2020 Special Session I, the Virginia General Assembly appropriated almost $7.5 million to the Virginia Department of Criminal Justice Services (DCJS) to make one-time payments to local police departments throughout the Commonwealth. This appropriation is to "be used for the purposes of attracting and retaining the most qualified local police department sworn personnel and support the costs associated with criminal justice reform." Allocations to each local police department were based on a headcount of sworn officers in each locality relative to the total number of sworn officers throughout the Commonwealth. Through this distribution method, the City received $500,267, and this sum was paid to the City by DCJS in January 2021. $450,000 of the that payment was appropriated by the City Council on February 16, 2021 for several projects related to recruiting and retaining qualified personnel. $50,267 was left in the fund for future needs. The Police Department's Recruiting Team has identified a need for a digital marketing campaign. The Police Department would like to appropriate $30,000 of the remaining funds for social media advertisements, targeted e- mail distribution, website advertisements and re-targeted ad pushes. • Considerations: After the initial allocation in 2021, $50,267 remains from the amount provided by the Commonwealth. This request is for $30,000 of this funding, leaving a balance of$20,267 for appropriation at a later date. • Public Information: Normal Council Agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Police Department City Manager: i/ 1 1 AN ORDINANCE TO APPROPRIATE $30,000 FROM THE 2 VIRGINIA DEPARTMENT OF CRIMINAL JUSTICE 3 SERVICES FOR THE RECRUITMENT AND RETENTION OF 4 SWORN PERSONNEL 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 $30,000 from the Virginia Department of Criminal Justice Services is hereby 10 appropriated, with federal revenue increased accordingly, to the FY 2022-23 Police 11 Department Operating Budget for social media advertisements, targeted media e-mail 12 distribution, website advertisements, and retargeted ad pushes intended to aid in the 13 recruitment and retention of sworn personnel. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2023. Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ,7k-/ Budget and anagement Services ney's Office CA16013 R-1 January 5, 2023 (�i`Vw`1J j�I CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Grant Funds to the City of Virginia Beach Development Authority for a Business Site Readiness Project MEETING DATE: January 17, 2023 ■ Background: On behalf of the City of Virginia Beach Development Authority (VBDA), Economic Development staff submitted a Virginia business site readiness grant application for the Innovation Park. As a GO Virginia grant, this application was processed through the Hampton Roads Planning District Commission to the GO Virginia Region 5 Council. GO Virginia is an initiative to foster private sector growth and job creation through state incentives. The City has been awarded $866,900 for site due diligence studies and sewer design and construction for the Innovation Park. The Innovation Park, located in Virginia Beach, is one of the most promising business parks in Hampton Roads. Located in Princess Anne Commons, the park offers the opportunity for businesses to grow and support innovation in the fields of medicine, research, finance, technology, and advanced manufacturing. With 92 acres left in the park, moving this land from Tier 2 to Tier 4 status will help to market the Park to prospective businesses searching for a location in the Commonwealth. These tier scores, utilized by the Virginia Economic Development Partnership, designate if a site is essentially "shovel ready," a shortcoming that has caused Virginia to lose millions of dollars of investment in the past few years. The City and the VBDA have already committed substantial funding for preparing the park for development, with the first phase of infrastructure completed in 2020. The design for a second phase of Park infrastructure is Capital Project #100576, Virginia Beach Innovation Park Infrastructure. This design work is underway. • Considerations: The attached ordinance appropriates the $866,900 grant. In accordance with the grant contract method of payment procedures, the VBDA will furnish documentation for reimbursement(invoices and cancelled checks)for the Innovation Park sewer design and construction prior to the grant expiration on December 31, 2023. • Public Information: Normal City Council agenda processes. • Attachment: Ordinance Recommended Action: Approval Submitting Department/Agency: Economic Development City Manager: tirP 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT 2 FUNDS TO THE CITY OF VIRGINIA BEACH 3 DEVELOPMENT AUTHORITY FOR A BUSINESS SITE 4 READINESS PROJECT 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 $866,900 is hereby accepted from the Commonwealth of Virginia and 10 appropriated, with state revenue increased accordingly, to the City of Virginia Beach 11 Development Authority for site due diligence studies and sewer design and construction 12 at the Innovation Park. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2023. Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management ervices Ci o y's Office CA16012 R-1 January 3, 2023 F CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Grant Funds for Litter Prevention and Recycling MEETING DATE: January 17, 2023 • Background: Annually, in a collaborative effort, staff from the departments of Public Works and Parks and Recreation apply for the Litter Prevention and Recycling Grant awarded by the Virginia Department of Environmental Quality (VDEQ). This grant is awarded each year for local litter prevention and recycling program implementation, continuation, and/or expansion. The grant is typically shared with 80% provided to Public Works and 20% provided to Parks and Recreation. The departments typically estimate funds in their department's operating budget, and the FY 2022-23 estimate was $51,000. The two departments were recently notified that VDEQ awarded the City a total of$87,311 which exceeds the FY 2022-23 appropriated amount by $36,311. These funds are recommended to be split as follows: • Public Works (Waste Management Enterprise Fund) — $29,849; and • Parks and Recreation - $6,462. • Considerations: This grant does not require a City match. The additional funds awarded by the VDEQ will allow the departments of Public Works and Parks and Recreation to continue and enhance their littler prevention efforts and recycling activities. • Public Information: Normal City Council agenda process. • Attachments: Ordinance Recommended Action: Approval Submitting Departments: Public Works and Parks and Recreation City Manager:, 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 GRANT FUNDS FOR LITTER PREVENTION AND 3 RECYCLING 4 5 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA, THAT: 7 8 $36,111 is hereby accepted from the Virginia Department of Environmental Quality 9 and appropriated, with state revenue increased accordingly, for litter prevention and 10 recycling to the following funds: 11 a. Waste Management Enterprise Fund ($29,849); and 12 b. Parks and Recreation Special Revenue Fund ($6,462). Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2023. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: i/,cat Bu get and Management Services C. rn s Office CA16011 R-1 January 5, 2023 (ci71 :J CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to Accept and Appropriate $5,362 from the Virginia Department of Criminal Justice Services to the Department of Human Services for Community Corrections and Pretrial Services MEETING DATE: January 17, 2023 • Background: The City of Virginia Beach was awarded the FY 2023 Comprehensive Community Corrections and Pretrial Services Act Grant, which originally totaled $1,229,213. On September 26, 2022, $38,569 in additional funding was added to the grant to pay for salary increases for full-time, state-funded positions, effective August 1, 2022. This adjustment brought the grant total to $1,267,782, and the additional funds were appropriated by Council on October 18, 2022. On November 18, 2022, the state awarded Human Services an additional $5,362 for salary increases, bringing the new total grant award to $1,273,144. • Considerations: Additional funding of $5,362 was provided by the Commonwealth to cover salary increases for full-time state-funded positions in the Department of Human Services. This is one-time funding and does not require a local match. • Public Information: Normal Council Agenda process. • Recommendations: Approve the attached ordinance • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Department of Human Services City Manager: 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE $5,362 2 FROM THE VIRGINIA DEPARTMENT OF CRIMINAL 3 JUSTICE SERVICES TO THE DEPARTMENT OF HUMAN 4 SERVICES FOR COMMUNITY CORRECTIONS AND 5 PRETRIAL SERVICES 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA, THAT: 9 10 $5,362 is hereby accepted from the Virginia Department of Criminal Justice 11 Services and appropriated, with revenue from the Commonwealth increased accordingly, 12 to the FY 2022-2023 Operating Budget for the Department of Human Services for salary 13 increases in the Community Corrections and Pretrial Services Division. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2023. Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: L, 7 Budget and anagement Services —Ct - tto ney's Office CA16014 R-1 January 5, 2023 IA (,L a CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Transfer Funding Within the American Rescue Plan Act Grant Appropriation MEETING DATE: January 17, 2023 • Background: In November and December 2021, the City Council voted to accept and appropriate $136.4 million in federal funding from the American Rescue Plan Act (ARPA). Funds provided through ARPA must be obligated prior to December 31, 2024, and fully spent by December 31, 2026. The City Manager's recommended allocation of funds took these deadlines into consideration when preparing the proposed ARPA spend plan for the Council's consideration last fall. City staff is still confident that the majority of funded projects will be completed within the established time frame with the reallocations provided herein. Several projects need additional funding due to cost increases related to inflationary pressure on construction, and other projects, such as a City staff childcare facility pilot program, are no longer feasible, creating capacity to address cost increases on other projects. The following projects are currently in need of additional funding in order to remain on schedule and to achieve the goals set out by City Council with ARPA funding. Parks and Recreation Landscape Yard Replacement One of the funded capital projects, Parks and Recreation Landscape Yard Replacement, needs an additional estimated $3.8 million. This project was first requested in the FY 2010-11 CIP but remained unfunded until the ARPA allocation. Parks & Recreation desires to relocate their current facility at 2150 Lynnhaven Parkway (Lynnhaven Yard) to the existing Landscape Management Headquarters facility located at 4141 Dam Neck Road. To support this consolidation of facilities, an approximate 10,500 square foot addition to the existing headquarters building is proposed along with the construction of a new metal pre-engineered building, which is approximately 18,000 square feet. The addition to the headquarters building will include operation bays, offices, a meeting room, restrooms, a computer lab, a work room, and associated support spaces. At the time of the ARPA adoption, the total project cost was estimated to be $9.4 million. Currently, the project is under design, and the design is estimated to be completed within the next few weeks. Public Works hopes to advertise the construction contract by February to keep the project on schedule. Based on the design work to date, the project needs an additional $3.8 million. Without the additional funding, the project cannot move forward, and the entirety of the $9.4 million allocated to the project would need to be redirected. Parks and Recreation HVAC Improvements Within the adopted ARPA allocation, $3.65 was invested into eleven HVAC enhancements at the various recreation centers. These HVAC enhancements were considered a priority for ARPA funding as Recreation Centers are highly utilized public buildings that have a need for improved air flow and quality. The annual allocation to HVAC replacements often requires projects to be deferred into the future due to limited funding. One of the uses of ARPA allowed and encouraged is for ventilation in public facilities. After design of these enhancements, Public Works has determined that an additional $700,000 is needed to complete all eleven subprojects. Without the additional funds, portions of the original scope would need to be eliminated from the project. Courts Building Direct Digital Control The Virginia Beach Courts Building is a City facility that hosts thousands of visitors and staff every year. The Courts Building's HVAC system, and thus its temperature, humidity, and fresh air intake settings, are controlled by a Direct Digital Control system. The current system has become obsolete. The manufacturer of the current system no longer provides software updates for the system. Acquisition of a new system is funded through the ARPA allocation. A new system also requires compatible hardware. As a result, this project will also install actuators, fan coil units, flow stations, transducers, fan relays, thermostats, air handling controllers, sensors, and other aspects throughout the facility. Additional funding is needed to complete the project as a result of increased pricing since the time of the ARPA budget allocation. Broadband Initiative The final project that is currently in need of additional funding is the Regional Broadband Ring. The original ARPA allocation provided $7 million in funding to broadband. Of this amount, $5 million was needed for the Southside Network Authority Regional Broadband Ring. The Southside Network Authority will run fiber from the Atlantic Ocean deep sea cables in Virginia Beach through the entire Hampton Roads region, beginning with 119 miles within the cities of the Southside (Chesapeake, Norfolk, Portsmouth, Suffolk, and Virginia Beach). This is known as the "regional ring." Once in place, any user, public and private, will have the option of connecting to the ring and the increased speeds it provides. Benefits to this project include connecting previously underserved or unserved citizens with access to affordable internet. The remaining $2 million allocated to broadband from ARPA is to be used for increased connectivity to underserved communities. At the time of ARPA's allocation, the specific need for this amount was not yet identified. The Department of Information Technology has since identified an opportunity to partner with Globalinx to connect 7 miles of the southern part of the City (primarily Sandbridge) to the City's network. Currently, City infrastructure in Sandbridge, including Fire Station 17 and pump stations, does not have fiber access. Beyond the $2 million that could be used for this purpose, IT is requesting an additional $1.3 million for equipment to collocate the City's data center with Globalinx. Globalinx is a provider of data center services that hosts multiple subsea cables with high-speed internet services. Co-locating the City's data center with Globalinx by having a secure space and new equipment installed at their facilities will enable the City of Virginia Beach to extend the Next Generation Network (NGN) and build another resilient NGN hub. This initiative will enable the City to: • Increase access to high-speed internet services at reasonable costs by means of subsea cables • Enhance capabilities to protect and manage City services and citizen-owned data, elevating the City's position as a cybersecurity leader in the region • Leverage the regional fiber ring with increased cybersecurity posture • Contribute to economic growth In total, Public Works and IT are in immediate need of $6.8 million to move forward with ARPA-related projects. These amounts are identified in the table below. Project Estimate �.__ Landscape Yard $3,831,146 HVAC Improvements $750,000 Courts DDC I $900,000 Broadband Initiative $1,300,000 Total $6,781,146 • Considerations: As noted, City staff has recently begun the process of working with departments and nonprofit partners to ensure that projects are on track with the ARPA December 2024 commitment deadline. To date, a few of the original allocations have been identified as being available for redirection to other eligible initiatives. The allocations available for redirection include the following: Purpose Amount City Facility Childcare Pilot Program $500,000 Contribution to VB Rescue Squads $200,000 Special Event Fees I $300,000 LISC Business Grants $4,327,400 Central Plant HVAC $1,453,746 Total $6,781,146 City Facility Childcare Pilot Program: Based on a review by Public Works, the $500,000 initially appropriated for the buildout of a City facility childcare pilot program for use by City staff is insufficient, as the total cost would greatly exceed the appropriated amounts. It was also determined that a childcare subsidy for City employees is not allowable under ARPA guidelines. The City Council was informed of this inability to complete the pilot program in a Friday packet memo on April 8, 2022. Contribution to Virginia Beach Rescue Squads: Initially, $250,000 was appropriated for use by the volunteer rescue squads for the reimbursement of pandemic-related expenditures. Personal Protective Equipment and Apparel needs have greatly subsided since the early days of the pandemic, resulting in a lessened need and the inability to use the appropriated funds for this purpose prior to the ARPA deadline. Redirecting $200,000 of the $250,000 allocation will leave $50,000 appropriated for this purpose and will provide relief, within the ARPA guidelines, for these volunteer organizations. Special Event Fees: The City Council also appropriated $300,000 for Special Event fee offsets to provide relief to businesses that host events within the City. These fees are collected to reimburse the City for providing City services during special events. This appropriation is no longer necessary as the City Council subsequently rescinded a resolution requiring the collection of these fees as a part of the FY 2022-23 Operating Budget. Central Plant HVAC: This project includes replacement of 60 ice field tanks, creation of a redundant chilled water, and the replacement of piping for the municipal center HVAC utility plant. The project was funded with ARPA funds, but Public Works has identified cost savings within the project, which will allow the transfer to another ARPA project without sufficient funds. LISC Business Grants: The City Council appropriated $10 million to LISC Hampton Roads for business relief programs. Of this amount, $5 million was set aside for the hospitality industry, and $5 million for all other industries. The City Council was briefed by LISC on December 13, 2022. Since February, LISC has held three rounds of grant application periods and has awarded 180 grants totaling $3.2 million. The number of businesses that qualify for the grants is limited, and it is not anticipated that the full allocation can be awarded to businesses and align with federal guidelines. Currently, LISC is holding a fourth round of grant applications and anticipates awarding approximately $1 million additional in relief. After accounting for administering the grant program, LISC anticipates having $4.3 million remaining. This amount could be returned to the City to help close funding gaps for other priority projects. • Recommendations: Approve the attached ordinance. • Public Information: Normal Council agenda process. • Attachments: Ordinance; Capital Project Pages (4); Disclosure Form Recommended Action: Approval Submitting Department/Agency: Budget and Management Services City Manager: 090 1 AN ORDINANCE TO TRANSFER FUNDING WITHIN THE 2 AMERICAN RESCUE PLAN ACT GRANT APPROPRIATION 3 4 WHEREAS, the City received allocations from both the city and county portions of 5 the Coronavirus State and Local Fiscal Recovery Funds as Section 9901 allowed that "a 6 unit of general local government that has formed a consolidated government may receive 7 a distribution under each...paragraphs..." 8 9 WHEREAS, the United States Treasury formula apportioned a total of 10 $136,429,703 to the City of Virginia Beach; 11 12 WHEREAS, a public hearing on the City's proposed allocation was held on 13 October 5, 2021; and 14 15 WHEREAS, the City Council appropriated the grant allocation in November and 16 December 2021, and since that time, a total of approximately $6.8 million has been 17 identified as available for transfer to other projects in order to fully expend the grant award 18 within the U.S. Treasury's established guidelines; 19 20 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 21 VIRGINIA BEACH, VIRGINIA, THAT: 22 23 1. $3,831,146 previously allocated for business relief initiatives is hereby transferred 24 as pay-as-you-go funding from the Grants Consolidated Fund to Capital Project 25 #100591, "Parks and Recreation Yard Relocation" within the Buildings and Assets 26 Section of the FY 2022-23 Capital Improvement Program. 27 28 2. A total of $1,300,000 previously allocated for business relief initiatives, a City 29 facility childcare pilot program, contribution to VB rescue squads, and special event 30 fee offsets is hereby transferred as pay-as-you-go funding from the Grants 31 Consolidated Fund to Capital Project #100593, "Southside Network Authority 32 Regional Broadband Ring," within the Information Technology Section of the FY 33 2022-23 Capital Improvement Program. 34 35 3. The scope of Capital Project #100593, "Southside Network Authority Regional 36 Broadband Ring," is hereby modified to allow for purchases related to colocation 37 of the City's local data center with data center services provider, Globalinx, and for 38 the purchase of fiber to run through Globalinx conduits at Sandbridge. 39 40 4. $196,254 previously allocated for business relief initiatives is hereby transferred 41 as pay-as-you-go funding from the Grants Consolidated Fund to Capital Project 42 #100588, "Recreation Centers HVAC Replacement," within the Buildings and 43 Assets Section of the FY 2022-23 Capital Improvement Program. 44 45 5. $553,746 is hereby transferred from Capital Project#100589, "Central Utility Plant 46 Enhancements," to Capital Project #100588, "Recreation Centers HVAC 47 Replacement," within the Buildings and Assets Section of the FY 2022-23 Capital 48 Improvement Program. 49 50 6. $900,000 is hereby transferred from Capital Project#100589, "Central Utility Plant 51 Enhancements," to Capital Project#100590, "Courts Direct Digital Control," within 52 the Buildings and Assets Section of the FY 2022-23 Capital Improvement Program. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2023. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services r y's ffice CA16016 R-1 January 5, 2023 Fiscal Years FY23 through FY28 Capital Improvement Program Project:PG100589 [Title:Central Utility Plant Enhancements-ARPA 'Status:Approved Category:Buildings and Assets Department:Public Works Project Type Project Location Project Type:Rehabilitation/Replacement •. :2 Programmed Funding Programmed Appropriated Budgeted Non-Appropriated Programmed CIP Funding Funding Funding To Date FY23 FY24 FY25 FY26 FY27 FY28 Future 6,100,000 6,100,000 - - - - Description and Scope This project will address previously unfunded repairs and renovations to the Central Utility Plant located at the Municipal Center. The Central Utility Plant generates hot and chilled water,which is then distributed to 17 Municipal Center buildings to provide heating and cooling of the air and in some facilities, domestic hot water.Specifically,this project will replace 60 ice tanks used to produce chilled water,add a redundant chilled water pump#3,replace boilers#1 and#2,and replace underground piping to MH#1 and MR#4. Purpose and Need The Public Works Department,Building Maintenance Division,provides maintenance,repair,and capital equipment replacement of HVAC equipment for the City's 382 City-owned buildings. Funding for capital equipment replacement is provided in the amount of$2.5 million each year in a Buildings& Assets CIP#100445,"Various Buildings HVAC Rehabilitation and Renovation IV."Although$2.5 million annually enabled Building Maintenance to address a significant portion of critical HVAC repairs,there is still a large,unfunded backlog of maintenance and repair issues across the City that must be addressed. This project addresses unfunded,unprogrammed HVAC repairs to improve air quality at 17 buildings at the Municipal Center. History and Current Status This project is funded by the American Rescue Plan Act and first appeared in the FY 2022-23 CIP document. Operating Budget Impact Comments This project will not impact the operating budget. FY23 FY24 FY25 FY26 FY27 FY28 Total Operating Budget Impacts - - - - - - Total FTE - - - - - Project Map Schedule of Activities Project Activities From-To Amount Design 12/22-12/23 610,000 Construction 01/24-01/25 5,290,000 Contingencies 12/22-01/25 200,000 Total Budgetary Cost Estimate: 6,100,000 Means of Financing NO MAP REQUIRED Funding Subclass Amount Local Funding 6,100,000 Total Funding: 6,100,000 FY 2022-23 to FY 2027-28 91 Capital Improvement Program Fiscal Years FY23 through FY28 Capital Improvement Program Project:PG100590 'Title:Courts Building Direct Digital Control-ARPA 'Status:Approved Category:Buildings and Assets Department:Public Works Project Type Project Location Project Type:Rehabilitation/Replacement '!strict:2 Programmed Funding Programmed Appropriated Budgeted Non-Appropriated Programmed CIP Funding Funding Funding To Date FY23 FY24 FY25 FY26 FY27 FY28 Future 2,070,000 2,070,000 - - - - - Description and Scope This project will upgrade and migrate the Municipal Center Courts Buildings 10,10A,and lOB from the Tridium Niagara AX Heating,Ventilation and Air Conditioning(HVAC)Building Automation System(BAS)to the Tridium N4 HVAC BAS. This software upgrade will also require the replacement of 330 Variable Air Volume(VAV)actuators,20 Fan Coil Unit(FCU)Hot Water(HW)actuators,supply air damper actuators,flow stations,current transducers, fan relays,thermostats and 6 Air Handling Unit controllers,hot and cold water valve actuators,sensors,Variable Frequency Drive(VFD)integration, wiring,licensing,Tridium JACE controllers,and commissioning. Purpose and Need The Tridium Niagara AX System is a Heating,Ventilation and Air Conditioning(HVAC)Building Automation System(BAS)installed in the Municipal Center Courts Buildings 10,10A,and 10B. The system consists of both hardware devices and software to manage the HVAC system. The system resides on the City's network infrastructure,and the system reached"end-of-life"on July 1,2021. The system is no longer be able to receive updates and support from the vendor. The system is vulnerable to security attacks and there will be no support from the vendor in the event of a system outage. The upgrade will ensure that the HVAC/BAS system continues to receive updates,is vendor supported,and continues to be operational. History and Current Status This project first appeared in the FY21-22 CIP. Funding in the amount of$2,070,000 was placed in CIP#100225 Judicial Center Maintenance,in FY 2026-27. As the current DDC system software ceased being supported by the vendor in July 2021,waiting until FY 2026-27 to execute this work would be problematic.As a result this project was established as a stand alone project using funding from the American Rescue Plan Act. Operating Budget Impact Comments This project will have no operating budget impacts. FY23 FY24 FY25 FY26 FY27 FY28 Total Operating Budget Impacts - - - - - - Total FTE - - - - - - Project Map Schedule of Activities Project Activities From-To Amount Design 12/21-06/22 200,000 Furniture and Fixtures 01/23-05/23 400,000 Construction 06/22-05/23 1,200,000 Contingencies 12/21-05/23 270,000 Total Budgetary Cost Estimate: 2,070,000 NO MAP REQUIRED Means of Financing Funding Subclass Amount Local Funding 2,070,000 Total Funding: 2,070,000 FY 2022-23 to FY 2027-28 95 Capital Improvement Program Fiscal Years FY23 through FY28 Capital Improvement Program Project:PG100591 [Title: Parks and Recreation Yard Relocation Yard-ARPA 'Status:Approved Category:Buildings and Assets Department:Public Works Project Type Project Location Project Type:Rehabilitation/Replacement . •' 2 Programmed Funding Programmed Appropriated Budgeted Non-Appropriated Programmed CIP Funding Funding Funding To Date FY23 FY24 FY25 FY26 FY27 FY28 Future 9,420,098 9,420,098 - - - - Description and Scope The project will construct an approximately 12,000 square-foot building to house the Parks and Recreation,Landscape Maintenance staff.The building includes assembly areas,locker rooms,a welding shop,and warehouse and storage requirements necessary to meet the needs of this work unit.The construction yard will be located adjacent to the Parks and Recreation Landscape Services facility on Dam Neck Road. Purpose and Need The current facility is located on a former U.S.Military Nike missile site parcel.The parcel still has many of the base's former components such as missile silos,bunkers,and barracks,which were constructed in the 1940s.The existing buildings have outlived their useful life.Further,the facility needs to be expanded to meet the Parks and Recreation Department's current mission and responsibilities.The current site use is industrial;however,the yard is now surrounded by residential neighborhoods and is not a compatible use given this residential development.Therefore,movement of the facility is the best option. History and Current Status This project was first requested in the FY 2010-11 CIP as a project to relocate/consolidate both the Landscape Yard facility and the Citywide Administration facility located at the same site.Since that time,a project has been completed to relocate the Citywide Administration facility,leaving the need to relocate or replace the Landscape Yard facility. A stand alone CIP for this project has appeared on the Requested but Not Funded list for multiple years.This facility was on the original Top 13 facilities projects and remains on this list due to the poor conditions of the structures,and the need to relocate the industrial operation out of a residential area and to provide structures and facilities.The new facility will be designed to meet the current mission of this work unit.The project is funded through the American Rescue Plan Act. Operating Budget Impact Comments There is no anticipated operating budget impact. FY23 FY24 FY25 FY26 FY27 FY28 Total Operating Budget Impacts - - - - - - Total FTE - - - - - - Project Map Schedule of Activities Project Activities From-To Amount ..• Design Design 12/21-12/22 713,644 U*Cwk w� a"sa"`' Furniture and Fixtures 04/23-05/25 713,644 Construction 04/23 03/25 7,136,437 "�; w.� Contingencies 12/21 05/25 856,373 Total Budgetary Cost Estimate: 9,420,098 i •100591 Means of Financing Funding Subclass Amount Local Funding 9,420,098 Total Funding: 9,420,098 I • FY 2022-23 to FY 2027-28 114 Capital Improvement Program Fiscal Years FY23 through FY28 Capital Improvement Program Project:PG100588 'Title:Recreation Centers HVAC Replacement/Repair-ARPA 'Status:Approved Category:Buildings and Assets Department:Public Works Project Type Project Location Project Type:Rehabilitation/Replacement 'istrict: Citywide Programmed Funding Programmed Appropriated Budgeted Non-Appropriated Programmed CIP Funding Funding Funding To Date FY23 FY24 FY25 FY26 FY27 FY28 Future 3,650,000 3,650,000 - - - - - Description and Scope This project will address previously unfunded repairs and renovations to the Heating,Ventilation and Air Conditioning(HVAC)systems at 6 City Recreation Centers.At the Bayside and Great Neck Recreation Centers,the project will replace the cooling tower,2 PoolPak dehumidification units,air- cooled condensers,and the exhaust fans.At Bow Creek,the project will replace the tandem chiller.At Williams Farm,the project will replace 2 pool heaters.At Seatack,the project will replace 6 rooftop units and replace the PoolPak dehumidification units.At Princess Anne,the project will replace the cooling tower. Purpose and Need The Public Works Department,Building Maintenance Division,provides maintenance,repair,and capital equipment replacement of HVAC equipment for the City's 382 City-owned buildings.Funding for capital equipment replacement is provided in the amount of$2.5 million each year in Buildings&Assets CIP#100445,"Various Buildings HVAC Rehabilitation and Renovation IV." Although$2.5 million annually enabled Building Maintenance to address a significant portion of critical HVAC repairs,there is still a large,unfunded backlog of maintenance and repair issues that need to be addressed. This project addresses unfunded,unprogrammed HVAC repairs to improve air quality at Recreation Centers. History and Current Status This project is funded through the American Rescue Plan Act. Operating Budget Impact Comments This project will not impact the operating budget. FY23 FY24 FY25 FY26 FY27 FY28 Total Operating Budget Impacts - - - - - - Total FTE - - - - - Project Map Schedule of Activities Project Activities From-To Amount Design 12/21-06/22 400,000 Construction 07/22-06/24 3,200,000 Contingencies 12/21-06/24 50,000 Total Budgetary Cost Estimate: 3,650,000 Means of Financing NO MAP REQUIRED Funding Subclass Amount Local Funding 3,650,000 Total Funding: 3,650,000 FY 2022-23 to FY 2027-28 116 Capital Improvement Program Fiscal Years FY23 through FY28 Capital Improvement Program Project:PG100593 'Title: Southside Network Authority Regional Broadband Ring-ARPA 'Status:Approved Category:Information Technology Department:Information Technology Project Type Project Location Project Type:Technology District: Citywide Programmed Funding Programmed Appropriated Budgeted Non-Appropriated Programmed CIP Funding Funding Funding To Date FY23 FY24 FY25 FY26 FY27 FY28 Future 7,000,000 7,000,000 - - - - Description and Scope The Hampton Roads Regional Connectivity Ring will deliver high quality Internet services to Hampton Roads.The project includes construction to install conduit and fiber and vaults in the ground,purchase new network equipment,professional services,engineering,and legal fees.Using a middle-mile strategy,the Ring could potentially serve Internet Service Providers in areas where that lack a presence,and will provide opportunity for new Internet Service Providers to enter the market and expand the high-speed Internet options available to Hampton Roads communities at competitive rates.The current phase of the Hampton Roads Regional Connectivity Ring connects the five southside cities:Chesapeake,Norfolk,Portsmouth,Suffolk,and Virginia Beach. Purpose and Need Virginia Beach is connected to three major subsea cables:Marea,Brusa,and Dunant.The first two subsea cables became operational in 2018,and connect Virginia Beach's shores to Bilbao,Spain,providing 160 Tb/s(Terabits per second)bandwidth and to Rio de Janeiro and Fortaleza,Brazil through San Juan,Puerto Rico. The most recent subsea cable(Dunant)opened in 2020,and connects Virginia Beach to Saint-Hilaire-de-Riez,France with a speed of 250 Tb/s.As a landing spot for multiple cross oceanic subsea cables,an opportunity exists to create an authority operated Regional Connectivity Ring and connect the Southside,and eventually the rest of Hampton Roads,to the cables. The Ring will connect to high-speed Internet networks through Carrier Hotels(e.g.Gloabalinx,etc.) Among the benefits of the project includes: •Provide jurisdictional connectivity for Southside operations for the jurisdictions of Chesapeake,Norfolk,Portsmouth,Suffolk and Virginia Beach •Create regional interoperability-a unified and redundant 911 center •Construct broadband infrastructure to support business incubators,technology innovators,product accelerators,and data centers •Foster an ecosystem for low-cost internet service providers to meet.demand for affordable internet to address the business Digital Divide •Integrate higher education and biomed institutions,for collaborative research(Ready infrastructure for high speed broadband) •Provide bandwidth to support growing educational needs(e.g.,virtual classrooms) •Provide affordable access to underserved and unnerved citizens to address the residential Digital Divide and contribute to Digital Equity. History and Current Status The five Southside Cities mutually formed the Southside Network Authority,comprised of members from the City Councils,Chief Administrative Officers, and Chief Information Officers,to manage the usage and utilization of this fiber ring.On November 12,2019,the City Council adopted a resolution that authorized articles of incorporation for the Authority.A Request for Proposal was recently issued by the Hampton Roads Planning District Commission on behalf of the Authority.Solicitations closed in August 2021.On November 17,2021,City Council appropriated$7,000,000 in American Rescue Plan Act funds to this project. Operating Budget Impact Comments FY23 FY24 FY25 FY26 FY27 FY28 Total Operating Budget Impacts - - - - - Total FTE - - - - - Project Map Schedule of Activities Project Activities From-To Amount Design 11/21-01/22 100,000 Construction 01/22-12/23 6,600,000 Equipment 01/22-12/23 300,000 Total Budgetary Cost Estimate: 7,000,000 Means of Financing NO MAP REQUIRED Funding Subclass Amount Local Funding 7,000,000 Total Funding: 7,000,000 FY 2022-23 to FY 2027-28 211 Capital Improvement Program DISCLOSURE STATEMENT FORM 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 disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 /APPLICANT DISCLOSURE Organization name: Globalinx Data Center LLC 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: PROVID YES NO SERVICE E didonal :beets if needed) Accounting and/or preparer of X I your tax FORVIS return Financial 4 _ Services (include : lending/ X banking I institutions and current ; mortgage holders as ; applicable) _. -._ . ,_._r....�-- Legal s_ X Services i Woolcot River & Gates • s Broker/ �, Contractor/ ; Bylers Engineering X l Engineer/ . i x Other I Service ► Mastec 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 I to the Council action upon this Application. Greg Twitt I Jan 5th 2023 APPLICANT'S SIGNATURE i PRINT NAME DATE J. PLANNING 1. ATLANTIC DEVELOPMENT ASSOCIATES, LLC & WPL VENTURES, LLC for a Variance to Section 4.4(b)of the Subdivision Regulations re subdivide two(2)lots at 111 73rd Street DISTRICT 6 (formerly District 5 —Lynnhaven) Deferred from December 6, 2022 RECOMMENDATION: APPROVAL 2. NIMMO UNITED METHODIST CHURCH for a Street Closure re approximately 21,961 square feet of former Princess Anne Road adjacent to 2040 Nimmo Church Lane DISTRICT 2 (formerly District 7—Princess Anne) RECOMMENDATION: APPROVAL 3. HICKMAN SHOPPES, LLC for a Modification of Proffers to a Conditional Change of Zoning re revise previously approved proffered site plan and enhanced landscape buffer at 2216 General Booth Boulevard DISTRICT 5 (formerly District 7 — Princess Anne) Approved May 27, 2014 and March 7, 2017 RECOMMENDATION: APPROVAL 4. BONNEY'S CORNER ASSOCIATES, LLP for a Conditional Change of Zoning from B-2 Community Business District to Conditional B-4 Mixed Use District re 81,150 square feet of retail & up to 322 multi-family dwelling units at 1385 Fordham Drive DISTRICT 1 (formerly District 2—Kempsville) RECOMMENDATION: APPROVAL APPLICANT REQUESTS INDEFINITE DEFERRAL 5. EXPRESS WASH PROPERTY HOLDINGS,LLC /LES S. KUSHNER, TRUSTEE OF THE IRENE G. SCHWARTZ QUALIFIED TERMINABLE INTEREST PROPERTY MARITAL TRUST, STEVEN B. SANDLER, ARTHUR B. SANDLER, ESTATE OF MORTON BRESENOFF & VIRGINIA ELECTRIC AND POWER COMPANY for a Conditional Change of Zoning from AG-2 Agricultural District to Conditional B-2 Community Business District and a Conditional Use Permit re car wash facility at 3503 Dam Neck Road, a portion of a 66-foot VEPCO right-of-way east of 3503 Dam Neck Road and the western portion of the parcel on the corner of Dam Neck Road& Monet Drive DISTRICT 2 (formerly District 7—Princess Anne) RECOMMENDATION: APPROVAL 6. VIRGINIA ELECTRIC AND POWER COMPANY D/B/A DOMINION ENERGY VIRGINIA / PUNGO AIRFIELD, LLC for a Conditional Use Permit re public utility transformer stations & major transmission lines & towers at 1848 Princess Anne Road DISTRICT 2 (formerly District 7—Princess Anne) RECOMMENDATION: APPROVAL 7. PERMANENT PICTURES TATTOO LLC / DAM NECK SQUARE, LLC for a Conditional Use Permit re tattoo parlor at 1581 General Booth Boulevard, Suite 104 DISTRICT 5 (formerly District 6—Beach) RECOMMENDATION: APPROVAL 8. CHRISTIANA ROJAS/RED MILL NORTH,LLC for a Conditional Use Permit re tattoo parlor at 2133 Upton Drive, Suite 120 DISTRICT 5 (formerly District 7—Princess Anne) RECOMMENDATION: APPROVAL 9. BIRDNECK OCEAN ANNEX,LLC/PITSILIDES LAND TRUST for a Conditional Use Permit re mini-warehouse at 1069 Laskin Road DISTRICT 6 (formerly District 6—Beach) RECOMMENDATION: APPROVAL 10. VALVOLINE,LLC/HOLLAND CENTURY ASSOCIATES,LLP for a Conditional Use Permit re automobile repair garage at 3949 Holland Road DISTRICT 10 (formerly District 3 —Rose Hall) RECOMMENDATION: APPROVAL 11. Resolution to ADOPT and INCORPORATE into the Virginia Beach Comprehensive Plan 2016 re The Resort Area Mobility Plan 2022 RECOMMENDATION: APPROVAL �tu•e� f0. id- pAorf!` aR v�.f NOTICE OF PUBLIC HEARING A Public Hearing of the Virginia Beach City Council will be held on Tuesday,January 17,2023 at 6:00 p.m.in the Council Chamber at City Hall,2nd Floor at 2401 Courthouse Drive,Building 1, Virginia Beach,VA 23456.Members of the public will be able to observe the City Council meeting through livestreaming on www.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,oho?MTID=e44622fcfaf4 78904e927f03 44b6a398a 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m.on January 17,2023. The following requests are scheduled to be heard: Atlantic Development Associates, LLC&WPL Ventures, LLC(Applicants& Property Owners) Subdivision Variance(Section 4.4(b)of the Subdivision Regulations)Address:111 73rd Street GPIN(s):2419667586 City Council District 6 Nimmo United Methodist Church(Applicant)Street Closure Address:Portion of the'Old'Princess Anne Road right-of-way,south of 2040 Nimmo Church Lane Adjacent GPIN(s):2414054907, 2414053573,2414055401,2414050844 City Council:District 2 Hickman Shoppes, LLC(Applicant&Property Owner)Modification of Proffers Address:2216 General Booth Boulevard GPIN(s):2414172423 City Council:District 5 Bonney's Corner Associates, LLP (Applicant & Property Owner) Conditional Rezoning (B-2 Community Business District to Conditional B-4 Mixed Use District to include 81,150sf feet retail &up to 322 multi-family dwellings at a density of 15.51 units per acre)Address:1385 Fordham Drive GPIN(s):1465392458 City Council:District 1 Express Wash Property Holdings, LLC (Applicant) Les S. Kushner, Trustee of the Irene G. Schwartz Qualified Terminable Interest Property Marital Trust, Steven B. Sandler, Arthur B. Sandler,Estate of Morton Bresenoff&Virginia Electric and Power Company(Property Owners) Conditional Rezoning(AG-2 Agricultural District to Conditional B-2 Community Business District) Conditional Use Permit(Car Wash Facility)Address:3503 Dam Neck Road,a portion of a 66- foot VEPCO right-of-way east of 3503 Dam Neck Road and the western portion of the parcel on the corner of Dam Neck Road & Monet Drive GPIN(s): 1495012832,1485841210,1495024374 City Council:District 2 Virginia Electric and Power Company d/b/a Dominion Energy Virginia(Applicant)Pungo Airfield, LLC (Property Owner) Conditional Use Permit (Public Utility Transformer Stations & Major Transmission Lines&Towers)Address:1848 Princess Anne Road GPIN(s):2413142116 City Council:District 2 Permanent Picture Tattoos LLC(Applicant)Dam Neck Square,LLC(Property Owner)Conditional Use Permit (Tattoo Parlor) Address: 1581 General Booth Boulevard, Suite 104 GPIN(s): 2415458709 City Council:District 5 Christiana Rojas(Applicant)Red Mill North,LLC(Property Owner)Conditional Use Permit(Tattoo Parlor)Address:2133 Upton Drive,Suite 120 GPIN(s):2414352667 City Council:District 5 Birdneck Ocean Annex,LLC(Applicant)Pitsilides Land Trust(Property Owner)Conditional Use Permit (Mini-Warehouse) Address: 1069 Laskin Road GPIN(s): 2418601343 City Council: District 6 Valvoline, LLC(Applicant) Holland Century Associates, LLP(Property Owner)Conditional Use Permit(Automobile Repair Garage)Address:Portion of 3949 Holland Road GPIN(s):Portion of 1486252370 City Council:District 10 City of Virginia Beach - A resolution to adopt and incorporate in the Virginia Beach Comprehensive Plan 2016 The Resort Area Mobility Plan. 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 website 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-JANUARY 1,2023&JANUARY 8,2023-1 TIME EACH R5R(N;E,) 10`� � "R5IIIW.- 77.- ' \ " --C- �R'N E� S _v� i1 U ._,5--'' , \---- , R5 R(N�E`)- eet a 3000-i .1% th Str ,---\ _--- _ \O Q \ \ stree \ _--tAtt -- ` , f 1 439. — 0\ ' _____ _,__-_-___,- R,5 R(N2 E) ,` ,,________----- \ , \J \0 _____7- , i N3Y \ \.1, nn 6R,d5R w \ 4 \\R6R__Lis11E)-\,' c--Qo co _ t reet�'' iSts11-' 4 4* an' \' ' I-- IS 1- cd stil-e-e-w .7-'- R5R(NE-) ‘ ic a \--,- nn\R5ft(N*, \ l''' iu :i\--' ,-3 \,:. \, ... \ -• Illi - II. �� Site w'4&'E Atlantic Development Associates, LLC & WPL Ventures, LLC No r Property Polygons p y yg 111 73rd Street S Zoning Building .1 Feet 0 25 50 100 150 200 250 300 I ,, �. ,+. 111 u CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: ATLANTIC DEVELOPMENT ASSOCIATES, LLC & WPL VENTURES, LLC [Applicants & Property Owners] Subdivision Variance (Section 4.4(b) of the Subdivision Regulations) for the property located at 111 73rd Street (GPIN 2419667586). COUNCIL DISTRICT 6, formerly Lynnhaven MEETING DATE: January 17, 2023 (Deferred on May 17, 2022, August 9, 2022, and December 6, 2022) ■ Background: This application was deferred by City Council on May 17, 2022 in order for additional research to be conducted regarding the recurring nature of the request and for meetings to be held North End Civic League representatives. The item was then deferred indefinitely on August 9, 2022 to continue discussions. North End Civic League representatives recently reached out to staff on November 16, 2022. Meetings were held with representatives of the North End Civic League regarding development and the regulations within the North End Overlay District. Potential requests for changes to the development regulations were discussed with the representatives, however are not currently proposed. The two subject lots in the North End were legally created by deed in Deed Book 266, page 556 in 1949, prior to the establishment of the Subdivision Regulations. A single-family dwelling has existed across the shared property line of the two lots since 1935. The proposed lots, Lot 12A and Lot 14A, will each be 6,000 square feet in size, which will exceed the minimum lot area requirement of 5,000 square feet. However, each lot will be only 40 feet in width, 10 feet shy of the 50-foot lot width requirement. As neither lot will meet all dimensional standards required by the Zoning Ordinance for parcels in the R-5R Residential District, a variance to Section 4.4(b) of the Subdivision Regulations is required. • Considerations: In the North End Overlay District, lots that meet the minimum dimensional standards for a duplex of 10,000 square feet of lot area and 75 feet of lot width are permitted to construct two single-family dwellings on one lot. As the combination of both lots exceeds these minimums (12,000 square feet of lot area, 80 feet of lot width), both a duplex with two attached units or two single-family dwelling on one lot could easily be constructed as a matter of right. As the proposal includes two lots, each with one single-family dwelling, no increase in density is contemplated with this Subdivision Variance. As the current lots existed prior to the current R-5R zoning regulations, they have the current development potential in total of four Atlantic Development Associates, LLC & WPL Ventures, LLC Page 2 of 3 dwelling units. A condition is recommended that limits development on each parcel to just one single-family dwelling. The density stabilization as well as the use of high-quality building materials are in line with the recommendations of the Comprehensive Plan for the North End Suburban Focus Area. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. There was one speaker in opposition at the Planning Commission public hearing representing the North End Civic League, who also provided a letter of opposition. The civic league supports development of the properties under the by-right options set forth in the Zoning Ordinance. On June 9, 2022, City Staff met with Council Member Branch and Billy Almond and Gerrie West from the North End Civic League to discuss zoning ordinance amendments to the R-5R zoning district. Staff provided an analysis of possible options and held a follow up meeting on July 22, 2022. The Civic League is reviewing the options and the process is ongoing and recently reached out to staff on November 16, 2022 to further discussions. None of the proposed changes would impact this applicant's request. Staff received 10 letters of support for the proposal, many of whom are property owners along this block of 73rd Street, and there were two speakers in support at the Planning Commission public hearing. Those that spoke in support prefer development of these parcels as proposed with one single-family dwelling on each parcel, rather than the by-right option that could result in more units with a different configuration. Staff received a letter from the North End Civic League objecting to the request. The letter noted concerns related to related to increasing density, parking requirements, utility infrastructure usage, and the smaller size of the lots generally. • Recommendation: On April 13, 2022, the Planning Commission passed a motion to recommend approval of this request by a vote of 9 to 0. 1. When the Property is developed, it shall be developed substantially as shown on the exhibit entitled, "Preliminary Concept Resubdivision of Lot 12 & the Eastern 30' of Lot 14, Block 1, Cape Henry Syndicate", prepared by WPL, copies of which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning ("Subdivision Plans"). 2. The homes to be developed on this site must use attractive, high quality materials capable of withstanding severe weather events as recommended within the North End Suburban Focus Area section of the Comprehensive Plan and as shown on the exhibit entitled, "Single Family Development Exhibit for Lot 12 & the Eastern 30' of Lot 14, Block 1, Cape Henry Syndicate", prepared by WPL, copies of which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning ("Elevations"). Atlantic Development Associates, LLC & WPL Ventures, LLC Page 3 of 3 3. The proposed lots 14A and 12A shall only be developed with one single-family residence on each lot. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Letters of Support (10) Letter of Opposition (1) Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department (" r0 City Manager: AC Applicants & Property Owners Atlantic Development Associates, Agenda Item "NB LLC & WPL Ventures, LLC Planning Commission Public Hearing April 13, 2022 1 0 City Council Election District District 6,formerly Lynnhaven Virginia Beach Request Subdivision Variance (Section 4.4(b) of the Subdivision Regulations) Both Sheet 1 ti Staff Recommendation 19th Stt•d Approval 1 18th Street Staff Planner It* -nos"' Aubrey A.Trebilcock .70,stteet-A j5t,,Street -1. y Location s 111 73rd Street GPIN _ _ 24196675860000 - _ •`v Site Size 10th Street 12,000 square feet AICUZ b9thstl 6Bos":1..) Less than 65 dB DNL Watershed Atlantic Ocean Existing Land Use and Zoning District -0Single-family dwelling / R-5R Residential 4, "`' IS qetS Surrounding Land Uses and Zoning Districts ; : F ,ar'• _ ',, '• , North d „- ,,A Single-family dwelling / R-5R Residential ,' i j '" South `.. ;, .+• ' F ��� 73rd Street �,{ , lir,...„, . , - -e. Single-family dwelling / R-5R Residential 'A* . -. ._. East =., Q, 4 "k-- sttee` Single-family dwelling / R-5R Residential ."" . - ,,..„,„‘ . West 4 Single-family dwelling / R-SR Residential .. "1r' t 4: ; .r =;! tea. _. - s'''' trr -.,.., V t Atlantic Development Associates, LLC & WPL Ventures, LLC Agenda Item 10 Page 1 Background & Summary of Proposal • The applicant is proposing to resubdivide two lots, described as "Lot 12" and "the Eastern 30' of Lot 14," in order to create two lots of equal size within the R-5R Residential District. The dimensional standards for lots in this district require a minimum lot size of 5,000 square feet and a minimum lot width of 50 feet. • The subject lots were legally created by deed in Deed Book 266, page 556 in 1949, prior to the establishment of the Subdivision Regulations and both can be developed. A single-family home has existed across the shared property line of the two lots since 1935. • The proposed lots, Lot 12A and Lot 14A, would each be 6,000 square feet in size,which would exceed the minimum lot area requirement of 5,000 square feet. However,they would each be only 40 feet in width, short of the 50-foot lot width requirement. As neither lot will meet all dimensional standards required by the Zoning Ordinance for parcels in the R-5R Residential District, a variance to Section 4.4(b)of the Subdivision Regulations is required. Required Street Proposed Proposed Line Frontage in Required Lot Proposed Lot Required Lot Proposed Lot p g Street Line Width Lot R-5R Frontage Width Area Area (feet) (feet) (feet) (feet) (square feet) (square feet) Lot 12A 40 40 50 40* 5,000 6,000 Lot 14A 40 40 50 40* 5,000 6,000 *Variance requested 4.1'...: 14„,Street 1 r - ._.ME, O 1 Zoning History 1 2 # Request (4* • 1 NON(Expansion of Non-Conforming2�d DwellingUnit) . � p,,,,��, Approved 02/23/2010 2 NON(Expansion of Non-Conforming Single Family was•''` Home)Approved 05/09/2009 Vts. '0 Application Types CUP—Conditional Use Permit MDC—Modification of Conditions STC—Street Closure SVR—Subdivision Variance REZ—Rezoning MDP—Modification of Proffers FVR—Floodplain Variance LUP—Land Use Plan CRZ—Conditional Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental Evaluation & Recommendation Section 9.3 of the Subdivision Regulations states: No variance shall be authorized by the Council unless it finds that: A. Strict application of the ordinance would produce undue hardship. Atlantic Development Associates, LLC&WPL Ventures, LLC Agenda Item 10 Page 2 B. The authorization of the variance will not be of substantial detriment to adjacent property, and the character of the neighborhood will not be adversely affected. C. The problem involved is not of so general or recurring a nature as to make reasonably practicable the formulation of general regulations to be adopted as an amendment to the ordinance. D. The hardship is created by the physical character of the property, including dimensions and topography, or by other extraordinary situation or condition of such property, or by the use or development of property immediately adjacent thereto. Personal or self-inflicted hardship shall not be considered as grounds for the issuance of a variance. E. The hardship is created by the requirements of the zoning district in which the property is located at the time the variance is authorized whenever such variance pertains to provisions of the Zoning Ordinance incorporated by reference in this ordinance. The intention of this application is to increase the size of the lot described as "the eastern 30 feet of Lot 14"to reduce its degree of nonconformity and to allow for a larger developable area more in line with the surrounding area. Both lots were legally created by deed and are therefore buildable sites.The 30-foot wide lot is currently substandard in both lot area and width,only being 4,500 square feet and 30 feet wide. In the R-5D Residential District, a minimum lot area of 5,000 square feet and a minimum lot width of 50 feet are required.The proposal would take 10 feet of lot width from the adjacent Lot 12, which is currently 50-feet wide, resulting in two, 6,000 square foot lots with 40 foot lot widths. Each lot is proposed to be developed with a single-family home. In the North End Overlay District, lots that meet the minimum dimensional standards for a duplex may be developed with two single-family homes. In the R-5R Residential District, the minimum lot size and lot width for a duplex are 10,000 square feet and 75 feet respectively. The area of the subject lots exceeds this with its total area of 12,000 square feet and lot width of 80 square feet.The proposal would therefore not increase residential density beyond what is prescribed within the Zoning Ordinance for the North End Overlay District, nor what could be developed as a matter of right. The subject property lies within the North End Suburban Focus Area as identified in the Comprehensive Plan, which lists among its goals parcel consolidation of smaller lots, density stabilization, and the reduction of impervious coverage to mitigate recurring stormwater issues. While the lots will not be consolidated under this proposal, it will result in the same number of dwellings units permitted if the lots were to be combined, as mentioned above, thereby providing density stabilization and preventing the potential development of an awkwardly shaped building due to the required eight foot setbacks on each side of the 30 foot wide lot. An additional recommendation of the Comperehensive Plan, as stated above, is mitigating the frequent stormwater issues present within the North End. It is an area that, due to its location, is vulnerable to storms and at the same time has a high level of impervious coverage which exacerbates drainage issues. The submitted plan depicts that the proposal will not exceed the 60% impervious surface coverage maximum, as limited by the Zoning Ordinance, with proposed Lot 12A at 57% and Lot 14A at 60% impervious coverage. The recommendations for the North End Suburban Focus Area also encourage that attractive, high quality materials capable of withstanding severe weather events be used in new construction. The proposed homes will have an exterior of fiber cement siding(Hardie Shake and Hardie Lap Siding)that should be both durable and appealing. While the limited space onsite for parking accomodations leaves the garages as visual focal points on the ground floor,the second floor porches help to provide a more visually attractive point of interest for the front façade of the homes. In Staff's view,the overall application does comply with the guidance of the Comprehensive Plan for the North End Suburban Focus Area. While it is unorthodox to support modification of a lot that presently conforms to the existing dimensional requirements, Lot 12, into a nonconforming lot, in this specific case it does provide for development that fits within the character of the North End. The submitted plans also meet the impervious coverage requirement to address pressing drainage concerns and reflect high quality exterior building materials. Staff is therefore in support of the the Subdivision Variance request subject to the conditions provided below. Atlantic Development Associates, LLC&WPL Ventures, LLC Agenda Item 10 Page 3 Recommended Conditions 1. When the Property is developed, it shall be developed substantially as shown on the exhibit entitled, "Preliminary Concept Resubdivision of Lot 12 &the Eastern 30' of Lot 14, Block 1, Cape Henry Syndicate", prepared by WPL, copies of which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning ("Subdivision Plans"). 2. The homes to be developed on this site must use attractive, high quality materials capable of withstanding severe weather events as recommended within the North End Suburban Focus Area section of the Comprehensive Plan and as shown on the exhibit entitled, "Single Family Development Exhibit for Lot 12&the Eastern 30' of Lot 14, Block 1, Cape Henry Syndicate", prepared by WPL, copies of which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning("Elevations"). 3. The proposed lots 14A and 12A shall only be developed with one single-family residence on each lot. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations The Comprehensive Plan designates the subject property as lying within the North End Suburban Focus Area, which extends from 42nd Street to 89th Street and located on both sides of Atlantic Avenue. The North End SFA is characterized by a compact arrangement of single-family and duplex dwelling units with much of the land zoned Residential Resort District (R-5R). Moreover,the North End area is characterized by a relatively high density of single- family/duplex housing, high impervious surface coverage and problematic topographic conditions, all of which combine to create recurring stormwater drainage problems.The City seeks to implement drainage improvements in the North End area to help alleviate these situations. As noted in the Comprehensive Plan, recommendations for this area include parcel consolidation, density stabilization and the use of'Best Management Practices'for stormwater control should be part of reconstruction efforts. Improvement and reconstruction should also use porous materials for driveways, walkways and other similar surfaces, wherever feasible, to achieve a net reduction of impervious coverage. Finally, attractive and high-quality materials capable of withstanding severe weather events should be used. Natural & Cultural Resources Impacts The site is located in the Atlantic Ocean Watershed. No wetlands,floodplains subject to special restrictions, or watershed buffer areas lie within the subject site. No negative impact to any natural or cultural resources is anticipated. Atlantic Development Associates, LLC&WPL Ventures, LLC Agenda Item 10 Page 4 Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic 73rd Street N/A 9,900 ADT 1(LOS 4"D„ Existing Land Use z—10 ADT ) Proposed Land Use 3—20 ADT Atlantic Avenue 14,660 ADT1 22,800 ADTl(LOS 4"D„) Existing Land Use 2—10 ADT Proposed Land Use 3—20 ADT lAverage Daily Trips gas defined by 1 single-family 3as defined by 2 single-family a LOS=Level of Service residence residences Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Access to this site is located on 73rd Street. 73rd Street is a two-lane local street with an 80-foot right-of-way width. Atlantic Avenue in the vicinity of this site is a four-lane undivided minor urban arterial with a 120-foot right-of-way width. Public Utility Impacts Water City water is available. Sewer City sanitary sewer is available. Public Outreach Information Planning Commission • Ten letters of support have been received by Staff noting their preference for single-family developments within their neighborhood. A letter of opposition has been received from the The North Virginia Beach Civic League Zoning Review Committee with concerns related to increasing density, parking requirements, utility infrastructure usage, and the smaller size of the lots generally. • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on March 14, 2022. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, March 20, 2022 and March 27, 2022. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on March 28, 2022. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of www.vbgov.com/pc on April 7, 2022. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, January 1, 2023 and January 8, 2023. • 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 January 2, 2023 Atlantic Development Associates, LLC&WPL Ventures, LLC Agenda Item 10 Page 5 • 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 January 13, 2023. Atlantic Development Associates, LLC&WPL Ventures, LLC Agenda Item 10 Page 6 Existing Site Layout I Al I 1 I c7, (D in CO Os •""LD�O, '-c9tp pm%.,tO -�I w I �-a m I ►- Cr)LL ' Zp._") I Zo._ Zo.' J t0 J `r J al- I Q 2 Z I vN N G9 Ca.5 Z I .00 08 3 r 9C,I .ct N J �Nto O Tr O o ..-1 _d �^ 0 Cap 4. �CO0,_(o LL LL Lto . Z N Z ^-1to i Cr I-- NO Mp Jz \I E O N "�'-' CO 1 1A in CO a, na 4. ,00'09 M „9F!t.57 5 (ce '001 'i erg) (/' .09) (133815 HLN3r1373 .c 783PYb'03) 133H1 S P7CZ Atlantic Development Associates, LLC&WPL Ventures, LLC Agenda Item 10 Page 7 Proposed Subdivision Plan i .?..g tg 0 j 31 ii _!\ ^ .+ •OOtO 3\SN,1ht!N „ JCtK AO(X • 4i a p. §R ▪ 80 .Oi! `w— u,0 .Oft .M~ ' p,, 0 ii [ . . . ig I . 11 l' '-& . — i 'F' Lt. 1 '0.t ig ill age • ❑❑ .ems ,XY • tj'AV ' NI ' 0 lit t 3 : 11t' f----- _,_ ..... „, -,s ,,a ......„ „ . 1 .-- ---.2 D .; '9 u �-�_ • \ \ Q O W€ �J 1. 7 O lg C.: n • > ten � �I , c-i cn e—i VI `-_- s JO 0 JO 0 .9oe l0 lD r } / a tit ".. !! _-., / D / d!r.zl I x_ :ism. 7 �k s 111 . .— i . . _ . *E ° ill I ° � l', ti ii [..,„..0, .. , ,00 Or i 1: .r., : . .wcf X:irIP.SL S• 0 / . . \ f'• - •A 7i .. r .177ul S w'.=-':A TH nde)ri 1331 1 S 02EL Atlantic Development Associates, LLC&WPL Ventures, LLC Agenda Item 10 Page 8 Proposed Elevations & Rear Yard ' r•;,\ • A Q H � a a I. ' . Q CC ---::, A yt,:, -J It / _ to 2 tier,t LLI Q f.- ,,' W ~ Wmop g o!S _i Q •/f/% //N'/„ ltj;r ,s�,,,,��, �� Q Q ! ;'�s —` ;- d r: i =3 1 71-i• r Q - Q N r ,Ili NE 1 1 1 11111 al , ,_ FTI Ili ❑[ Z __El o III ❑ O 1:13 Ilia ❑ a ■• in III 17 / IIf II�II 0 W _, I�� � w uul ❑ J J W g ;1 Lill, — i- 2 k 11111 ' _ 1 ILA. IT- r Q zCC W - j f Y S SW W W W Y , U 8 0 i 0 Ug W i a n Atlantic Development Associates, LLC &WPL Ventures, LLC Agenda Item 10 Page 9 Proposed Elevations r __ ■;= 1 _ I n ■- -■i __ ■■i ■I■, ■■ mom --. li - -- ■■ ■■■■ Es Wil EEO - N■■ 9 __ ti - 1 NM NM III■N ■I EN e.3---- I_ — u■i M■M■ I ftl. -- I�� :::: - 1... - _ c ••••1 ■I,■I ■■ ■i —- Ism ■■•• ■�■■ mom ■■■I ■■■■ ■■ll ■■ ■. _, mm _MN mom ■■■■ mom mom Q _ mom N Tr — mom MM BB ■■■■ moil O —. ■U■! ■m■m 0 �J� J J Z z O O Elmo Ma ~ Q W W i- J ■�1 ■�I J W ■■■1 I W 1'l ■■■ ❑ . 0 c j 1 r Q ! Lai111i1 ❑ jZ II , Z I _ _ ❑ 4 null a rl Ill ❑ III Fr, 1- cr IIIIII ❑ O � 1 O 111 IIIII ❑ . u�ii�ll ILi. fin 1 pill• ❑ ■�1 ■iII , : cc . im r— � ❑ Atlantic Development Associates, LLC &WPL Ventures, LLC Agenda Item 10 Page 10 Site Photos Pi k ,. - ,It NI a„,„ ---•s ,• ' • r , _ -- � '/ 1 II i P fir'_ -_ ,�! ► y.,� , IY vim: ,*.a. w*a � p . itti It ig. tv -,,104e 44.t."' • -4. y ,l fill • — ., ' . *-3 - -'.-.`t,.'.r-,,,..1-4,,..:,ii2...." ,,,-....,.,:,., .....,E,77 •_±;- . _., � '. s ii.s y t i 4 Z. r y °L t '11.y:f ri•t jt R kq'°• Y .j,'at r i Atlantic Development Associates, LLC &WPL Ventures, LLC Agenda Item 10 Page 11 Disclosure Statement Disclosure Statement 1/13 Cd y of Virginia Bind: 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 WIN.Ventures,LLC_ Does the applicant have a representative? • Yes ❑No • If yes,list the name of the representative R.Edward Bourdon,Jr.,Esq. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?U Yes ❑No • If yes,list the names of all officers,directors,members,trustees,etc below (Attach a list if necessary) Brian C.Large,Sole Member • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant (Attac, 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. "Affiliate°business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets.the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis,or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2 3101. 11 Atlantic Development Associates, LLC &WPL Ventures, LLC Agenda Item 10 Page 12 Disclosure Statement Disclosure Statement cey of t'vginia deed 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 wit,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. TowneBank 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 provides 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 ar 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%C Yes ❑No • If yes,identify the firm and individual providing the service. Eric Gamer,WPL 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. 21 Atlantic Development Associates, LLC&WPL Ventures, LLC Agenda Item 10 Page 13 Disclosure Statement 0 Disclosure Statement \B Planning&Community Development 6 Does the applICant have a const,ucdon contractor in connection with the subject of the appiicabon or any business operatfg 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/swveyor jagent in comedian with the subject of the application or any brsiness operating or to be operated on the property'■Yes ❑No • If yes,identify the firm and individual providing the serwce Er►c Garner.WPt 8 is the applicant receme*legal services in comedian with the subject of the application or any business operating or to to operated on the property?111 Yes ❑No • If Yes,dentify the fwm and individual providing the service R.Edward Bourdon.it.Esq..Sykes,Bourdon,Ahern III levy,P C Applicant SiLnaturfi 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 beer,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,C$PA,Wetlands Board or any public body or committee In connection with this application. WPL VentJres. BY AP Brian C large,See:!tribe• Print Name and Title Date Is the applicant also the owner of the subject property? a Yes ❑No • it yes,`;,. do nct reed tc t c.1 ti-e cN^er d sciosurt statement FOR CITY USE ONLY/All disclosures nwst be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications «•d w.r 1°w. 112/27RQ22 " a.26 hiewig4 Peso Nome t Aubrey Trebilcock 4.,seel 1 Atlantic Development Associates, LLC&WPL Ventures, LLC Agenda Item 10 Page 14 Disclosure Statement Disclosure Statement Cam,fI,,iraaaa,i Planning&Community Development Owner Disclosure Owner Name Atlantic Development Associates,LLC Applicant Name WPL Ventures,LLC and Atlantic Development Associates,LLC Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business?N Yes ❑No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Brian C.Large,Sole Member • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity°relationship with the Owner. (Attach a list if necessary) Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach ha.F an interest in the subject land or any proposed development contingent on the subject public action?0 Yes I No • If yes,what is the name of the official or employee and what is the nature of the interest? "Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. "Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 5I Atlantic Development Associates, LLC&WPL Ventures, LLC Agenda Item 10 Page 15 Disclosure Statement Disclosure Statement �.. - Planning&Community Dee mcnt Owner Services Oisc1osure 1 Does the Owner have any existing financing(mortgage,deeds of trust,cross•collateraluation,etc)or are they considering any Mancini in connection with the subject of the application or any business operating or to be operated on the property, ■Yes ❑No • f!yes,identify the frnancrat institutions providing the service TowneBani. 2 Does the Owner have a real estate broker/agent/realtor for curren:and anticipated future sales of the subject property' ❑yes ■No • it yes,identify the company and indrv,dja 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?Q Yes II No • If yes,identity the firm and individual proved>ng the service 4 Does the Owner have services from an architect/landscape architect/land planner p•ov.ded in connection with the subject of the application or any business operating or to tit operated On the property,■Yes 0 No • tf yes,identity the firer and individual providing the service 'Eric Garner.WPL S. is there any oche'pending or proposed purchaser Of the subject property'0 Yes •No • tf yes,ident,ty the purchaser ano purchaser's service providers 6 Does the Owner habe a construction contractor in connection with the Subject of the application or any business operating or to be operated on the ptopert5.7 0 Yes f No • t'yes,rdentsfy the company and providing the service 7 Does the Owner have an engineer/surveyor/agent.r connection with the subject of the applicator or any business operating or to be operated on the property,•Yes ❑No • if yes.identify the firm and individual providing the service Eric Garner,WPL I Atlantic Development Associates, LLC &WPL Ventures, LLC Agenda Item 10 Page 16 Disclosure Statement Disclosure Statement \43 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.Edward Bourdon,Jr.,Esq.,Sykes,Bourdon,Ahern&Levy,P.C. Owner Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that. upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Atlantic Developm-• ssocia es,L , -1Owner . Brian C.Large,Sole Member Print Name and Title Date Atlantic Development Associates, LLC &WPL Ventures, LLC Agenda Item 10 Page 17 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • 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. Atlantic Development Associates, LLC &WPL Ventures, LLC Agenda Item 10 Page 18 Virginia Beach Planning Commission April 13, 2022, Public Meeting Agenda Item # 10 Atlantic Development Associates, LLC & WPL Ventures, LLC [Applicants & Property Owners] Subdivision Variance (section 4.4(b) of the Subdivision Regulations) Address: 111 73' Street RECOMMENDED FOR APPROVAL— HEARD Madam Clerk: Mr. Chair, is it okay to call the next item? Chairman Wall: Yes, please call the next. Madam Clerk: Our next item is agenda item number 10, Atlantic Development Associates, LLC, and WPL Ventures, LLC. An application for Subdivision Variance Section 4.4B of the Subdivision Regulations on property located at 111 73rd Street, located in District six, formerly the Lynnhaven District. Eddie Bourdon: Thank you, Ms. Sandloop. Mr. Chairman, members of the Commission, for the record, Eddie Bourdon, Virginia Beach attorney representing the applicant Mr. Brian Large, principal of the applicant with us. So I want to start out with very, very basics to try to clear up any ambiguity or confusion that may have been engendered by the briefing this morning. The subject properties, there are two legal lots that exist today. One is lot 12. It's a 50 foot by 150 foot, 7,500 square lot that was established many, many decades by plat before Princess Anne County adopted its first Subdivision Ordinance and its first Zoning Ordinance in 1952, 1953. This property is now zoned R5R and there was no such thing when this lot was created and not until the '70s was there an R5 zoning district. Eddie Burdon: And it is legally nonconforming as to the size for a duplex lot under our current zoning as is the case with 99% of the duplex development that exists at the North End of Virginia Beach. They are almost entirely on nonconforming lots because they're not 80 feet wide and they're not 10,000 square feet. Today, this lot can have built on it by right a duplex and in fact, my client has a duplex plan, it was going to be submitted. I'll get into that. Or it can be developed under the North End Overlay as two detached units on the same lot. So I'm going to repeat, it is a 1 legally nonconforming duplex lot. It has no architectural mandates or requirements, it has to meet the setbacks, got to meet the lot coverage, the impervious surface in the 35 foot height. Eddie Bourdon: If you did two detach units on the 50 foot by 150 foot lot, it would have to meet the architectural under the overlay that was adopted a number of years ago because the feeling is and it's been successful that we're better off with two small or two and a half story cottages or two-story cottages than having a big three-story bulk of a duplex. So either of those can happen on that lot. The second lot, again, legally existing build-able lot on the West side of lot 12 sharing a boundary line with lot 12 and it is 30 by 150 feet containing 4,500 square feet. Just like lot 12, it is legally nonconforming, and it can be developed as a duplex or by two detached single-family homes under the North End Overlay. Both lots can be developed with a single-family home. Eddie Bourdon: Both can be developed with a single-family home. The 30-foot lot was created in 1949 by deed legally because there was no subdivision ordinance, and that's the story. That's the only story. There was never any vacating of a property line or any of that stuff that was talked about this morning. It's meaningless talk. It doesn't have any relevance. There are many, many such legally nonconforming lots that exist throughout our city that were created because think of all the subdivision that existed before we had zoning or subdivision ordinance. Thalia, Old Beach, Lakewood off of Rosemont Road area, Chesapeake Beach are some of the areas and at the North End, there are also nonconforming lots, not quite as many, but there are those up there. Eddie Bourdon: My client owned this property for many, many years. My client entered a contract to purchase the properties from her and because he develops at the North End a lot, he said, "Let's go in and first of all, eliminate the nonconforming aspect of both of these lots by agreeing, by re- subdividing and agreeing that no duplex, because once you re-subdivide, you can't put a duplex on either one, nor can you do two separate units on either one of the two existing lots, lets re- subdivide and change the nonconforming 30 foot lot," which is nonconforming in lot size and in lot width, "to make it more conforming at 40 feet wide and lot width and totally conforming at 6,000 square feet for a single family home. And in order to do that, we are making lot 12, which is conforming for a single-family home today. Eddie Bourdon: And with this, we'll be conforming in every way to a single-family home except the lot width at 40 feet versus 50 feet." At the same time, Proffer proposed a single-family plan that meets all zoning requirements, no variances for anything. And with the exception of not being able to have a side loading garage meets the overlay architectural requirements. And that's what is before you today, and we're not in the overlay. Now, I can get into a lot of answers, some other things, but that's the basis of this. And to make it clear, I gave you all a copy of a variance application that was filed in December to build a single-family house on the 30-foot lot with a 2 decreased setback to five feet on the interior shared boundary with lot 12. Same boundary that's been there since lot 12 was created back in the early 1900s. Eddie Bourdon: And before we went to the Board of Zoning Appeals, we were approached by the residents on 73rd Street, some of whom are here today. Judge Whitlow, I think is signed up to speak and asked, "Do the single family plan. That's what we want. That's what we like and that's why we're here." That BZA variance application for the 30-foot lot, well, I've been doing this for 37 years with the hardship, the variance will be granted if we have to go that direction. That's not the direction we want to go. This is the way we think is best because we know the people on the street prefer it. Single family home. Perfect. I mean, that's what people want. They don't want to live behind somebody else's house. Some people do, but it's a more valuable and it's a better way to develop the property, consistent with the character of the street. Be happy to answer any questions and the conditions is recommended and the staff reporter acceptable to the applicant. Chairman Wall: Thank you. Are there any questions for Mr. Bourdon? George A. Alcaraz: Mr. Bourdon, the exhibit you've given us that's for single family, but by right, your client could do a duplex, right? If he wanted to fit it? Eddie Bourdon: Well, he absolutely can do a duplex on the 50-foot lot, and that's exactly what the alternative is. Two units on lot 12 and that unit on the 30-foot lot. Yes, technically you could do two units on the 30-foot lot. You'd need a greater amount of variance, and you'd have a problem with lot coverage to get four parking spaces on the property. So as a practical matter, legally, yes, practically the 30-foot lot would be one skinny, three story house. It doesn't meet the guidelines of the overlay, doesn't have to, but I'm not going to sit up here and tell you that I think anyone would develop a duplex on that lot. George A. Alcaraz: No, I just want to know the potential. Eddie Bourdon: Potentially, yes. George A. Alcaraz: Okay, that's all I need. 3 Eddie Bourdon: But undoubtedly, not even close question, you can put a duplex on lot 12, which is exactly what we were going in that direction at one point and a single family just like is in that application on the 30-foot lot. George A. Alcaraz: All right. Thank you. Chairman Wall: Anyone else? All right, thank you. Eddie Bourdon: Thank you, Mr. Wall. Chairman Wall: Madam clerk? Madam Clerk: We have three speakers, Mr. Chairman. Chris Arias followed by Morton Whitlow. Chairman Wall: Mr. Arias, you've got three minutes when the red light ... Chris Arias: Yeah. Thank you. Chairman Wall: Please state your name for the record. Chris Arias: Yes, my name is Chris Arias and I'm representing the Arias family that owns 112 on 73rd Street directly across the street from the property that's applying for the variance. And I'd like to say, we are very much in favor of the application and the proposed design for two single family homes on the lots. We don't want to see a duplex or the alternative go in, and looking at the lots and the way they're designed. One's very skinny development. 4 Chris Arias: There's one very skinny structure going in next to another one does not fit with the context of the neighborhood. Also, looking at congestion and burdens on the infrastructure for our little street and also,just trying to keep the character of the neighborhood. So, yes, I read through the staffs report and we were agreeing with that. So, yeah, we hope you guys approve it. Chairman Wall: Okay. Chris Arias: That's it. Any questions? Chairman Wall: Any questions? Chris Arias: Sorry. That's your job. Thanks. Madam Clerk: Our next speaker is Morton Whitlow followed by Gerrie West. Morton Whitlow: Good afternoon. Thank you. My name is Morton Whitlow. I live at 107 73rd Street. Before I start, I want to thank all of you for your service on the Planning Commission. It's a very, very important civic function and I appreciate your work in that regard. I'm in support of the applicant, our block simply wants two single family homes. It's a predominantly single-family block. Interestingly, over the last 25 years that I've owned my little cottage, almost everybody on the block's had a chance to tear down and start over or remodel. And one by one, two houses were torn down and single-family houses were rebuilt. Nine of us have chosen to rehab or remodel our existing old cottages. Morton Whitlow: And so, it stayed a single-family block uniquely, one by one, pretty special in the North End. So we'd like to keep it that way. I'm not aware of any opposition to this by the people on our block. think you're probably all aware of the emails that have come in from almost every property owner, all in support of these two single family homes on the 40-foot lots. So we hope you'll agree with us. The one thing I note there was a letter was sent in by a representative of the 5 North End Civic League opposing this application. And first, all of us really appreciate the work of the North End Civic League folks in protecting our community. They do a lot of great volunteer work and we appreciate their efforts. We just respectfully disagree with their position in this case. Morton Whitlow: We think it ought be decided on a case-by-case basis. I noted in a letter there's a couple of things, I guess the retired lawyer and retired judge comes out in me when I look at this. So, have to rebut a couple things that are in the opposition letter. There was some complaint that the houses would be too narrow at 24 feet in width, out of character with the neighborhood. Well, the house right next door at 109, Mr. McCardell's house, his house is exactly 24 feet wide. Same. My little cottage is the smallest house on the block at 107 it's 24 feet wide. So, 24 feet is in character, not out of character. Lastly, there was a mention that perhaps the residents of the 100 block had been misled by the developer. That is simply not accurate. I have not been misled. Thank you very much for your attention to this important issue to us and thank you for your time. If you have any questions, I'll be happy to answer them. Chairman Wall: Thank you. Are there any questions for Mr. Whitlow? Commissioner Oliver: I have one. Judge, there's a conversation about the design of the house. I'm just curious as to what your thoughts are as far as does it fit in with the street? Morton Whitlow: Well, it does. We've got, as I mentioned, two single family homes in the last decade have been torn down, single family homes, rebuilt single family homes, and both of those have front loading garages. Commissioner Oliver: Okay. Morton Whitlow: It's almost a necessity with these 50-foot lots. I mean, having something other than that is very difficult. It's possible, but difficult. Everybody would love to see a little cute cottage, but the truth is, square footage matters. And so, these houses, they'll be a lot bigger than my house, but they won't be much bigger than all the other houses on the street. And they look to be two and a half stories. I think they'll have some housing on the third level, but the way they appear to be designed, they look like two and a half story houses, which is compatible with our block, we 6 believe. But all the neighbors up and down the street as you got the emails were supportive of what's proposed. Commissioner Oliver: Great. Thank you. Morton Whitlow: All right. Thank you for your time. Chairman Wall: Anyone else? Thanks. Gerrie West: Good afternoon. I'm Gerrie West. I'm here on behalf of the North Virginia Beach Civic League. Chairman Wall: Okay. Ms. West? Gerrie West: Yes. Chairman Wall: I think you have 10 minutes, correct? Okay. Gerrie West: Oh, I probably won't need 10 minutes, but thank you. I'm here on behalf of the North End Civic League. We are in opposition, this re-subdivision because we think it sets a dangerous precedent on the North End. One of the things as an architect and a member of the Zoning Review Committee for almost 20 years now that I always ask the group at the beginning, when we're reviewing a variance request is what would the North End be like if everyone was given permission to do this? In this case, I think this is one of the more dangerous places to go. Our zoning codes clearly say that the minimum lot width needs to be 50 feet. Gerrie West: That allows for plenty of parking or better parking, I'll say. Everybody knows the North End has a parking issue. It allows for green space for storm water management, and that's the way the neighborhood has traditionally been laid out. A lot of the areas were laid out in 25-foot lots before the zoning code and people would buy 2, 3, 4 of them. So you see these 80-foot-wide 7 lots, or 100-foot-wide lots or 75-foot-wide lots because they bought the 25-foot ones. And also, some have been subdivided off into the 30-foot lot. They were always subdivided and bought for single family homes until duplexes became a thing. And then, when duplexes came in, the two cottage overlay was made an alternative to the traditional three-story duplexes on 50-foot-wide lots. Gerrie West: So I would like to respectfully disagree with Eddie, and I won't use the word legal because know that's not the right word for this, but that subdividing these lots into two 40-foot-wide lots is making them more conforming. Because we're taking one lot that is already conforming and making it into a nonconforming lot. We are improving the 30-foot-wide lot, but we are not making it conforming. So the thought of making them more conforming is like being a little bit pregnant or not, in my opinion and in the opinion of the Civic League Zoning Review Committee that I am representing today. One of the things, I met with Judge Whitlow and let him know that the applicant can build exactly the same houses that he has in his hands and under the two cottage option without subdividing the lots. Gerrie West: There isn't really any difference at all, except that the garage needs to be set back six feet from the main part of the house, the main front of the house. It doesn't have to be side loading. It just has to be six feet back from the front face of the house, so recessed a little bit, otherwise, everything is pretty the same. They would be held to the two and a half stories, but it looks like the design that they have right now is two and a half stories. I haven't looked at it for compliance with some of the more esoteric parts of the design that are in that code, but I feel confident that very nice-looking houses could be built under the two cottage code and not subdivide the lot. The reason that the lot is here to be subdivided is that the developers can make more money on two single family homes, unencumbered by a condo document. Gerrie West: If he builds the two cottages on one 80-foot-wide lot, which is what makes the most sense, if you take the 30 foot and the 50 foot and vacate the property line, then you get an 80-foot-wide lot and the two houses can be side by side rather than front and back. They do not have to be front and back. That's what the diagram and the code show, but they do not have to be front and back. They can be side by side if you have a wide enough lot, and they do if you made it an 80-foot-wide lot. So, there would be no difference in the houses if you vacate the property line, then there would if you cut it into two 40-foot-wide lots, except for there would be no condo document. And therefore, greater profits could be reaped by the builder and the applicant. Gerrie West: 8 We think it sets a really bad precedent. We have storm water issues and we have parking issues and then, we have what Judge Whitlow calls the traditional-ness of the neighborhood, the small houses and the ones that were developed as beach cottage type things. These two houses that can be built that he's shown meet all of those requirements, except that they would be condo-ed. If you thought ahead and said, "If this sets a precedent," and I believe it will, because there has already been one case of a developer taking three homes on 5 or 6 25 foot lots, I can't remember exactly what it was then and cutting them all up into 40 foot wide lots. So 5 houses now where there used to be 3. We thought that was a bad precedent setter and now we're seeing it come to fruition with this case. There really isn't any reason not to vacate the property line and make an 80 foot wide lot. Any questions? Chairman Wall: Okay. Robyn Klein: I have a question. Chairman Wall: Yep. Ms. Klein. Robyn Klein: So it sounds like, and Bobby please correct me, that they could also take the two lots that exist now and build a single family home and a duplex? Gerrie West: They could. And that's the fear of the neighbors and by all means, I agree with the neighbors. The preference of finishing off the development on their street with more single family cottage like homes is definitely preferable. But they have been told that it is possible to build a three story duplex on the 50 foot wide one and a skinny 14 foot wide, whatever, it could be a duplex, it could be two cottages like Eddie said, or it could be one single family home, but 14 foot wide without any variances. Gerrie West: I'm saying that the value in these two pieces of property is when you combine them and you can have a very nice one single family home, a larger one that's gorgeous, or you can have two smaller ones that are side by side that would also be gorgeous. I think either of those would suit the neighbors, but it is the threat of having that duplex or not the threat, but the ability to do the duplex if the applicant should so choose to do so, that has scared the neighbors into wanting to have it subdivided into two 40 foot wide lots. 9 Robyn Klein: So it's not within our power, right? To say that it has to be one lot because it's technically ... Gerrie West: No, it's not. Robyn Klein: ... two lots, right, Bobby? Okay, so is it the opinion of the Civic League that if it is technically two lots and the one lot is not an option that it be two 40 foot lots or one 50 foot lot, and one 30 foot lot? Gerrie West: The Civic League does not want to see it divided up into two 40 foot wide lots because that is substandard and it causes issues. If everybody was to do that and more and more, it would happen. If this is passed, you'll have 40 foot wide lots instead of 50 foot wide lots, thereby, creating more homes, more infrastructure needed, water, sewer, storm water management issues will get way worse. The more homes there are, you have to have two onsite parking spaces paved for every home. So you're paving more and more, less trees, less grass, storm water management problems everywhere, parking problems everywhere. So, it's the long-term precedent that we're concerned with. Robyn Klein: So if the 80 foot lot is not an option and you don't want to set the precedent of the two 40 foot lots, does that mean that your next best selection is the conforming 50 foot lot and the nonconforming 30 foot lot? Gerrie West: Well, combining it into 80, I'm sorry if I don't understand your question, but combining it into 80 would be perfectly fine. Robyn Klein: Right. Gerrie West: And having two or one homes on that. Robyn Klein: Right. But right now there's, two lots. 10 Gerrie West: Correct. Robyn Klein: Right. So by-right, the developer could have the 50-foot lot and the 30-foot lot. Gerrie West: Correct. Robyn Klein: So, if the one 80-foot lot is not an option, and it's either two 40s or a 50 and a 30, does the Civic League prefer the 50 and the 30, because at least the 50- Gerrie West: Yes. Robyn Klein: Is conforming? Gerrie West: Yes, that is correct because it wouldn't be setting a precedent for the 40-foot-wide lots. Commissioner Oliver: Okay. So Gerri, I might have missed something in all of this because I'm... irregardless of whether we've got two 40s, a 30 and a 50 or an 80, we're still putting two single-family houses on this whole piece of property. Gerrie West: Correct. Commissioner Oliver: Regardless of how it's- the pie is sliced. Gerrie West: Yes. Commissioner Oliver: 11 When you mentioned, and I'm maybe I misunderstood you as far of stormwater and infrastructure and stuff. It's still two houses. It's still the same amount of use on the same space of property. Gerrie West: Yes. Commissioner Oliver: So I'm just trying to figure out that's really not the issue, the amount of use on the piece of property- Gerrie West: Correct- Commissioner Oliver: Because two houses is two houses. Gerrie West: Yes, you're absolutely correct in that respect. It is the danger of having every lot every 80-foot- wide lot- Commissioner Oliver: Divided. Gerrie West: Divided into two 40-foot-wide lots, which would traditionally not be the case. So, if the majority of the lots started becoming that, then we would have more houses ultimately than we would if people were unable to create the substandard lots. Commissioner Oliver: Okay. Okay. It wasn't the amount of use on that- Gerrie West: Correct. Not on that specific lot, and that's why I say, we'd be happy if it became an 80-foot lot and had two houses on it. We're not against that, of course. Commissioner Oliver: It's the subdividing. 12 Gerrie West: It's the subdividing. That's the only issue is the subdividing of the property. Commissioner Oliver: Okay. Thank you. Chairman Wall: Mr. Weiner. Commissioner Weiner: Mrs. West. I got a... well, so we were out there last week and we were standing in front of it and I asked staff to go please look into how many times this has happened in the past. Well, wouldn't say that. So I've been doing this for a while, and I don't remember three houses becoming five. I don't know where that was- Gerrie West: It's between 74th and 75th street on the feeder road. Commissioner Weiner: Okay. I don't remember that, but- Commissioner Oliver: I do. Commissioner Weiner: Okay. Commissioner Weiner: So, the staff came back to us with since 1993, twice. This has only happened twice. I personally don't think this is going to set a precedent for the future. That's my opinion. Everybody has their opinion. So, I just don't see this happening as much as you think it's going to happen. Gerrie West: I would really hope that was the case. I really would, but we saw it once and now we're seeing it the second time, and what we're seeing is this cyclical pressure to have the homes torn down and rebuilt by developers, as opposed to the traditional, a person buys a lot, or a person buys a lot with this small house on it that's a tear down, or they want a bigger house than what's on the lot. So, they're developing that lot for themselves as opposed to someone coming in and saying, 13 "How can I make the most money by buying this property that's available?" That's the issue. Yeah. Chairman Wall: Anyone else? Commissioner Frankenfield: I guess I have question. Chairman Wall: Mr. Frankenfield. Commissioner Frankenfield: So, I'm just concerned about the form of the house and the relationships. So, if you condo the lot, the discussion has been you can get the same thing. What's the big deal? But the way I see it, you can't get the same thing because if you have to have the garage set back six feet, well then... and since there's no house to come out in front of the garage, that you basically have to set the entire house back six feet. Gerrie West: No. No, it's just that the portion of the house that has the garage door... let's say this is the main body of the house. Commissioner Frankenfield: Right. Gerrie West: The garage is here. Commissioner Frankenfield: Right. Gerrie West: It just has to be set back six feet from the face of that. So, the face of that one is at wherever you place it. 14 Commissioner Frankenfield: So, it could be like a tunnel going back six feet with a garage? Gerrie West: Six feet isn't that far. It's like from- Commissioner Frankenfield: Well, whatever. Okay. I just- Gerrie West: From here to here. Commissioner Frankenfield: I'm having a hard time visualizing how it would work I'm not- Gerrie West: Well, there's a lot- Commissioner Frankenfield: Trying to argue with you. I'm just- Gerrie West: Yeah, there's a lot of examples on the north end that have been built that way. So, I know it's too late to go see them now, but- Commissioner Oliver: So Gerri, while we have you up, because I know you... so you're asking to follow the guidelines for the North End Overlay for the setbacks- Gerrie West: I'm asking this commission not to approve- Commissioner Oliver: No- Gerrie West: 15 Creating substandard lots. That's what I'm asking. Commissioner Oliver: Right. No, no. Okay. You're right. All right. I'll- Gerrie West: I don't- Commissioner Oliver: No, I'll just move on. Gerrie West: I don't have any say so on- Commissioner Oliver: Right. Gerrie West: What a person decides to build. Commissioner Oliver: You're right. Gerrie West: So I don't want to presume that that's what you hear me saying. That's not what I'm saying. Commissioner Oliver: No, no. Gerrie West: Okay. Commissioner Oliver: Perfect. Thank you. Gerrie West: 16 Okay. Chairman Wall: Anybody else? No? Gerrie West: Thank you very much. Chairman Wall: Okay, Mr. Bourdon? Eddie Bourdon: First, of all, I want to thank my good friend Gerrie West for being the one speaking today, so didn't have to address some of the comments in Mr. Warren's letter, and Gerrie was very careful in the way she worded her comments because this is not a situation in any way, shape, manner or form where anybody's trying to browbeat or twist arms or anything else. In fact, Judge Whitlow called me. I didn't call him. Eddie Bourdon: The idea that this sets a dangerous precedent, a lot of the times, if you listen closely to what Gerrie said, she keeps referring to this as an 80-foot lot. It is not an 80-foot lot, and there is no... there are some 80-foot lots at the north end and an 80-foot lot in the north end would never get approved to be divided into two 40-foot lots ever. Eddie Bourdon: And I would.. as Mr. Weiner has asked staff, staff can take a look at the subdivision plats of all the blocks at the North End, and with the exception of the two or two and a half blocks that Gerrie lives on that were developed by Shore Realty, which have non-conforming lots, the rest of the North End doesn't have non-conforming lot. So, the idea that this is setting some dangerous precedent is just truly not accurate,just like it wasn't accurate to suggest that we were using a straw man or a boogeyman or whatever, trying to convince people of anything. Eddie Bourdon: It's not the city's, it never has been the city's, policy to encourage two-unit condominiums at any point in time. So, let's deal with what's true, and that is that there are two buildable lots, and this is not a subdivision. This is a re-subdivision. The 50-by-150 foot lot is a nonconforming lot. We are making it conforming as to density, and the Comp Plan talks about density. Gerrie's talking about density. That's exactly what we're doing and to... I don't want to get down the weeds, but 17 it's easier for me to do. If you tried to do the overlay side by side, and Gerrie is absolutely correct that you can do it side by side. This morning, I think it was suggested you couldn't. Eddie Bourdon: But the reality is if we did that, the house... and to meet the... you can't do a six-foot setback construction wise. It's very, very difficult for the garage to be set back. To do something under the overlay, what you would do is you'd build a shared driveway to serve both units, and you have 10-foot setbacks on the outside., and your shared driveway has got to be 18 feet wide because it's a shared driveway, and you wind up instead of having a 24-foot wide house, you wind up with a 20 or 21-foot wide house. Eddie Bourdon: So it's not exactly the same, and it can't be exactly the same. So, this notion that you're going to dictate how the property develops as a condo, as opposed to two lots, it's not the way this should be handled in any way, shape or form. If I believe for one second, or my client believes for one second, that you could take lots in the North End and just carve them up into 40-foot lots, that's not possible. It isn't possible. It may be possible, but the folks in the Shore Realty subdivision who... part of it who I'm representing all the street closures, they don't want to do that to their properties, and I don't think there are any in there that could even do that at this point. Eddie Bourdon: But this does not apply to 90... well, maybe not 90. Maybe 78, 80% of the North End. What Gerrie's saying is a bad precedent doesn't exist. This situation, if it exists anywhere else, I don't know of it, and it wouldn't be, if it did, more than one or two situations. It's not a circumstance that I think will ever be recurring. Eddie Bourdon: All we're trying to do is the best job... and it is truly more valuable for everybody concerned to do them a separate single-family homes, and it's easier for the city from a regulatory standpoint. Condos create a lot of additional issues. I'm not going to ask Miss Wilson to testify about that, but I think she'll nod her head. So why would we want to do a condo as opposed to doing two single families when we already have two lots that we can build a duplex and a single family on? I'd be happy to answer any questions. Chairman Wall: Okay. Any questions for Mr. Bourdon? Eddie Bourdon: Thank you all. 18 Chairman Wall: Okay. Thank you. Okay. All right. I close it up for comment and open it up among the Planning Commissioners. Anybody like to start? George Alcaraz: I will. Chairman Wall: Go ahead. George Alcaraz: As I stated in informal, you got a situation where you have a house with a proper line going down the middle and something that Mr. Bourdon just said that just struck me, you got the definition of a subdivision, the definition of a re-subdivision. A subdivision is dividing one lot into two or more. A re-subdivision is changing the lot line, and in this case, they're changing it to the betterment of what's there. So having said that, I'm going to support it. Chairman Wall: Okay. Anyone else? Barry? Barry? Okay. Commissioner Frankenfield: I support it also, only because I can't figure out a way it would be better to condo the lot. The product that is there with an entrance, each having their own entrance, their own separate driveway, is a better solution than a setback garage or one house behind the other. So, it seems like a better... of all the choices, it seems to me like the best solution. Chairman Wall: Okay. Thank you. Commissioner Weiner: I'll say something real quick. It's a long time we've been doing this. I've never seen this before. Don't get me wrong. The North End Civic League does a great job with the design... what they do up there, but for everybody on the street to come in in favor of this, I've never seen that before. That means something, too. I'm definitely going to support it. Chairman Wall: Okay. Thanks. Yeah, I generally. I like the way it. I like the little cottage and the green space, but barring that, I also highly respect the civic league's opinion. I think that they have very good 19 input, and their strict adherence to holding on the layouts and dimensional requirements and standards is... I think that's fantastic. However, I think there's great value in the way that it's laid out in a single-family.... the support from the neighborhood, and I think it'll provide value to the neighborhood itself. So, I'm going to support it as well. Chairman Wall: Okay. Do we have a motion? George Alcaraz: I'll make a motion. Chairman Wall: Okay. Chairman Wall: Okay. Mr. Alcaraz makes motion for approval. Do we have a second? Commissioner Frankenfield: Second. Chairman Wall: Okay, Mr. Frankenfield for the second. Are there any abstentions? Okay. Madam Clerk: Vote is open. Madam Clerk: By recorded vote of nine in favor, zero against agenda item number 10 has been recommended for approval. Eddie Bourdon: Thank you all. I hope everybody has a wonderful holiday this weekend. Thank you. AYE 9 NAY 0 ABS 0 ABSENT 2 Alcaraz AYE Bradley AYE 20 Coston ABSENT Cuellar AYE Frankenfield AYE Horsley AYE Klein AYE Oliver AYE Redmond ABSENT Wall AYE Weiner AYE CONDITIONS 1. When the Property is developed, it shall be developed substantially as shown on the exhibit entitled, "Preliminary Concept Resubdivision of Lot 12 &the Eastern 30' of Lot 14, Block 1, Cape Henry Syndicate", prepared by WPL, copies of which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning ("Subdivision Plans"). 2. The homes to be developed on this site must use attractive, high quality materials capable of withstanding severe weather events as recommended within the North End Suburban Focus Area section of the Comprehensive Plan and as shown on the exhibit entitled, "Single Family Development Exhibit for Lot 12 &the Eastern 30' of Lot 14, Block 1, Cape Henry Syndicate", prepared by WPL, copies of which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning ("Elevations"). 3. The proposed lots 14A and 12A shall only be developed with one single-family residence on each lot. 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. 21 From: Michael Lvnch To: Aubrey A.Trebilcock Cc: Lee Mccardell; Mo Whitlow; ilvnchiblmedical.com Subject: 111 73rd Street Variance Request Case No:2021-PCCC-00223 Date: Tuesday,April 5,2022 8:54:00 AM Attachments: image056482,onq image370023.pnq CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Mr. Tribilcock, My family and I own and live at 110 73rd Street and are in support of the application to convert 111 73rd St. into two 40ft. lots restricted to one single family house on each lot. Our block is mostly single-family homes, and we would like to keep it this way. We wish to maintain the character of our block. Let me know if there is anything more I can help with. Thank you for your time, Michael and Jessica Lynch Michael Lynch Vice President O:804.262.0100 D: 804.515.1283 M:804.641.7326 /Nrik/iu:M?atir,ra47 8050 Kimway Drive I Richmond,VA 23228 CO ®© From: Sarah Hamlin To: Aubrey A.Trebilcock Cc: Lee Mccardell; mvwhitlowCa�gmail.com;F Ladd Subject: 111 73rd Variance Request Case No:2021-PCCC-00223 Date: Monday,April 4,2022 11:07:35 PM CAUTION:This email originated from outside of the City of Virginia Beach.Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Aubrey, Our father, B.W. Armstrong, purchased 7300 Oceanfront Avenue in 1999, more than 23 years ago. Since his passing 11 years ago, my sister and I have proudly owned and maintained this property. All of us have loved and enjoyed the property partially as a result of the nature of the block upon which our home is situated. Our oceanfront block is predominant single-family homes with 11 of the 13 properties are single family. As such, we strongly support the application to convert 111 73rd St into two 40 ft. lots, with a restriction to for one single family house on each lot. Many of the families that own on our block have owned their homes for multiple generations just as we have. We all wish to maintain the character of our block. We are very disappointed to be out of town for the April 13th hearing at City Hall, otherwise we would both be present. Thank you for your careful consideration. Sarah Armstrong Hamlin Frances Armstrong Ladd 7300 Oceanfront Avenue 7300 Oceanfront Avenue Va. Beach, Virginia 23451 Va. Beach,Virginia 23451 (214)354-6901 (251)605-2203 shamlin217Pgmail.com francesladd9Pgmail.com Stuart Taylor 116 73rd Street Virginia Beach, VA 23451 April 4, 2022 City of Virginia Beach Planning Office Reference: Case No: 2021-PCCC-00223 Dear Mr. Tribilcock, The Taylor family has owned 116 73rd Street since the mid 1950's and have cherished several generations while living in single-family homes consistent with the traditional north end living style. If one single family home cannot remain on the entire referenced property, I support the application to convert 11173rd St into two 40 ft. lots restricted to one single family house on each lot. Our oceanfront block is predominant single-family homes as 11 of the 13 properties are single family. Many of the families that own on our block have also owned their homes for multiple generations. We all wish to maintain the character of our block and respectively ask your support keeping the wishes of all the property owns and residents on the oceanside of our street. We appreciate your consideration and believe you will do what is best for our little community on this street and approve the variance application. Thank you kindly, Stuart Taylor From: ,James Carter To: Aubrey A.Trebilcock Subject: Case Number 2021-PCCC-00223, 111 73rd Street Variance Date: Monday,April 4,2022 2:00:58 PM [CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. Mr. Trebilcock: My name is James Carter and I reside at 7217 Atlantic Avenue. It is my understanding that there are several variances under consideration for the subject property. When I purchased my residence in 2020, I considered the character of homes on 73rd street, since I am in such close proximity and use this street for beach access. Almost all are single family homes which had a favorable impact on my purchasing decision. Accordingly, I support the application to convert the subject property into two 40 foot lots, providing this variance restricts construction to single family residences, which I feel are more compatible with the other existing homes, and frankly, the preferred residential structure for the North End. Thanks for your consideration. James Carter April 4, 2022 757-636-2359 From: Morton Whitlow To: Aubrev A.Trebilcock Subject: 111 73rd Street.2021PCCC-00223 Date: Monday,April 4,2022 11:56:32 AM 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. Mr Trebilcock, We own 107 73rd Street and are now full time residents. We support the application to convert 111 73rd Street into two 40 foot lots,strictly limited to one single family house on each lot. We wish to preserve the character of the block which is predominantly single family old beach houses of 2 stories in height. I think it would be best to limit the height of the new single family homes to 2 stories. Thank you for helping our neighborhood. If you wish to discuss this matter please call me at 757-477-0238. Mo and Linnea Whitlow Sent from my iPhone From: Chris Arias To: Aubrey A.Trebilcock Cc: Lee Mccardell;Mo Whitlow Subject: 111 73rd Street Variance Request Case No:2021-PCCC-00223 Date: Monday,April 4,2022 10:03:59 AM CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Planing Commission Thank you for taking the time to review the proposed variance for 111 73rd street. Our family has had the pleasure of enjoying our home, 112 73rd street, and neighborhood for over 16 years. This house is used all year round and our front porch looks directly at the proposed property. It is of our opinion that the allocation of the 10 feet of yard width to make up two 40' wide lots and to build two single family homes is within keeping with character of the neighborhood. We hope that you agree as well and approve the variance as proposed. Warm regards Chris Arias Chris Arias chris@ariasllc.com Arias Ilc Design +Build Studio www.ariasIIc.com 804-387-5344 Fax 1-800-214-5044 From: Sara Atherholt To: Aubrey A.Trebilcock Subject: Case No:2021-PCCC-00223D Date: Monday,April 4,2022 10:03:08 AM CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Aubrey, The Traylor/Atherholt family has owned property on 73rd. St since 1953. At one time we owned 117, 115 and 111. I still own 115. 115 and 117 were built in the early 70s when duplexes were of normal size. We felt at the time that the buildings would fit in with the charter of the street.Now with so much building at the North End, 2 single family houses facing 73rd. Street seems to be the ideal way to preserve the character of the street. I fully support the application to convert 111 73rd. into two 40 foot lots. I will not be in Virginia Beach on the 13th. so I am unable to attend the meeting. Please approve the variance request as all of my neighbors are in favor of this proposal. Thank you. Sara Traylor Atherholt From: 2�:,,._' 1_a d, 11 To: Aube A.Trebiicuch Cc: f•1c l',;[ntic,:; Lee N1ccaraeLL Subject: 111 73rd St Zoning Date: Monday,April 4,2022 8:29:02 AM CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Aubrey, Case No: 2021-PCCC-00223 The Izard family has owned 108 73rd Street since 2015. We purchased on 73rd Street specifically for its single family home character. I support the application to convert 111 73rd St into two 40 ft. lots restricted to one single family house on each lot. As 11 of the 13 properties remain single family, the street shares a unique character that should be the norm, rather than the exception, on the north-end of the beach. Many of the families that own on our block have owned their homes for multiple generations. We all wish to maintain the character of our block. I have a business engagement and will be unable to attend the April 13th hearing at City Hall, otherwise I would be present. Please accept this email in my staunch support of the two lot single family option. Thank you for your consideration. Jim & Tricia Izard 108 73rd Street Virginia Beach, VA 23451 Cell 757-377-0103 James J.Izard,II Palladium Registered Investment Advisors,LLC 999 Waterside Drive,Suite 1000 Norfolk,VA 23510 Office:(757)305-1500 Direct:(757)305-1508 Email:iiizardl@oalladiumllc.corrt This message, including any attachments, is confidential and may be privileged. If you have received it by mistake please notify Palladium and kindly destroy/delete this message. Any unauthorized use or dissemination of this message in whole or in part is strictly prohibited. Palladium is a Registered Investment Advisor with the United States Securities and Exchange Commission and shall not be liable for the improper or incomplete transmission of the information contained in this communication. Third Party Research Disclaimer Third party research is provided for information purposes only and has not been prepared by Palladium Registered Investment Advisors.The information contained therein is based upon sources which we believe to be reliable, but no representation, express or implied, is made with respect to the accuracy, completeness or reliability of the information or opinions in the reports. Nothing therein shall be construed as an offer or a solicitation of an offer to buy, sell or otherwise engage in a transaction in the securities or strategy described in the report. The report is not intended to provide personal investment advice and it does not take into account the specific investment objectives, financial situation and particular needs of any specific person. Past performance is not a guarantee of future results. From: May Lynn Mansbach To: Aubrey A.Trebilcock Cc: rnvwhitlowCa>gmail.com;Lee Mccardell Subject: 111 73rd St.variance request Date: Sunday,April 3,2022 4:46:42 PM CAUTION:This email originated from outside of the City of Virginia Beach.Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Aubrey, Case No:2021-PCCC-00223 The Mansbach family has owned 106 73rd St.since 1997. We support the application to convert 111 73rd St.into two 40-ft lots restricted to one single family house on each lot. Our oceanfront block is predominantly single-family homes as 11 of the 13 properties are single family. Many of the families that own on the street have owned their homes for multiple generations. We all wish to maintain the character of our block. I would attend the April 13th hearing at City Hall but will be traveling on that date.Thank you for your consideration. May Lynn Mansbach 106 73rd St. Virginia Beach,VA 23451 From: Lee Mccardell To: Aubrey A.Trebilcock Cc: Ieemccarde113@9mail.com; Mo Whitlow Subject: FW: 111 73rd Street Variance Case No: 2021-PCCC-00223 Date: Sunday,April 3,2022 10:29:12 AM CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Aubrey, Case No: 2021-PCCC-00223 I live directly next door to 111 73rd Street and the McCardell family has owned 109 73rd Street since 1987. This is my primary residency. I support the application to convert 111 73rd St into two 40 ft. lots restricted to one single family house on each lot. Our oceanfront block is predominant single-family homes as 11 of the 13 properties are single family. Many of the families that own on our block have owned their homes for multiple generations. We all wish to maintain the character of our block . I will be out of town for the April 13th hearing at City Hall, otherwise I would be present. Thank you for your consideration. Lee McCardell 109 73rd Street Virginia Beach, VA 23451 Cell 757-848-6212 NORTH VIRGINIA BEACH CIVIC LEAGUE ZONING REVIEW COMMITTEE April 4, 2022 MEMO Members of Planning Commission City of Virginia Beach Dear Commissioners Re: Subdivision Variance Application of Atlantic Development Associates, LLC; Case No.: 2021-PCCC-00223 113-73rd Street, Lynnhaven District. The North Virginia Beach Civic League(NVBCL)met with the developer's land use attorney, affected residents of 73rd street, and fully understand this request. An existing single-family home currently straddles the existing lots which is the historic development pattern of our North End neighborhood. The developer intends to demolish the existing house to accomplish this subdivision which doubles the density,parking requirements, and utility infrastructure usage of what is currently in place. The NVBCL fully reviewed all proposed developer options for the building design and site design for the properties as they exist today. A left over small 30ft wide parcel is a part of a larger standard 50' wide single-family parcel which combined results in an 80ft x 150ft, 12,000 sf lot. The resulting combined lot has an 80ft wide frontage. The developer is proposing to subdivide the larger lot option into two(2) substandard frontages at 40ft x 150ft/6,000 sf lots and construct two single family homes no more than 24ft wide which is a full l Oft narrower than the typical 50ft wide lot would yield. The resulting houses are much narrower than those normally found at the North End on the oceanside and is out of character in our neighborhood. The NVBCL has asked the developer to consider using the full 80ft x 150ft lot to develop a by- right duplex which requires a 10,000-sf lot, or the two detached cottage development option, or an appropriately sized single-family home with associated outdoor amenities. The developer has refused to consider these options even though there a multiple 80ft wide single-family homes at the North End with this same lot condition. Additionally,using the North End's Two-Cottage Overlay development pattern, the developer BY RIGHT can accomplish the same objective by vacating the interior lot line and creating a condominium of two unattached single-family homes on the 80ft wide lot. Allowing this subdivision into 40' wide lots creates a dangerous precedent, in that ALL developers may then claim the right to do the same, thus doubling the number of homes that can be built, along with the attendant parking problems, stormwater management, and city infrastructure requirements. 1 The developer has led the 73rd street neighbors to believe that if denied they would build a duplex on the substandard 50ft x 150ft/7500 sf. lot and a 14ft wide single-family on the substandard 30ft x 150ft/4500 sf lot. This has made the 73rd Street residents wary of opposing the developer's application. We are disappointed in this approach as the majority of the 73rd Street residents are not familiar with the underlying development standards and feel they have no other option than to support the developer's request to avoid a 14' wide house. As a Civic League we remained concerned with the persuasion strategies employed by developers towards the residents of the North End, as this has happened many times. We as representatives of the North Virginia Beach Civic League Zoning Review Committee have reviewed hundreds of zoning cases since 1998. We have witnessed the systematic degradation of our neighborhood by developers who do not live at the North End, seek to redevelop it, and at the same time destroy the essence of this historic Virginia Beach community. The consistent street by street destruction of older North End homes unfortunately replaced by mundane prototypical duplexes and average prototypical single-family houses is truly disheartening. The NVBCL wishes at some point that the City of Virginia Beach Department of Planning and Community Development, Economic Development, Strategic Growth Area Office, Planning Commission, and City Council steps up to guide proper and appropriate redevelopment in these older Virginia Beach neighborhoods. The NVBCL strongly opposes this subdivision request Exam I le: Single famil home on an 80ft wide lot at the North End \71,, h;yAI. F { ,,r15,0, 1, it-- .. It 401tvi., ,C.% ift):-:, ., .4;,,.. & -- - , a IIN iii\ 1..-;'":171‘,''' ,, -- ' I..,.....„,...- I.- , 'Zr.,,,-----•.,:t . - -4017 — ` _,_, y C + ;s \ Vol ° ... : ,.,,,. ....„A .'•.t* .... • , . ... , r;9 4. 4?.L a' _ p' .7ti. �. a. a {a. Ni,- Alik -;"Li. . 7: 4,-,t‘.,..„4„ ,.,;_-._, 7,.. , - 1 .. ..... , „. .,,,:d .. ,,4,.... ..: .,::.`'+- z.,....:. 4,.,;.,- ' . A „..v.. ,:,,,„.„.., , iril v+s tr.1- Vt.", ,, # .... .; ..---,:1,-', ''--.,,,N3L_... ' .'"*"."" . • Z_-.. 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Id ... ___ ..., _ , , ,„,..,-., , Members of the NVBCL Zoning Review Committee: Billy Almond 209 - 70th Street(Abstaining) John David 410 48th Street Willy Fluharty 303 - 49th Street Mary Lee Harris 216- 55th Street Dave Jester 200- 63rd Street Jo Anne Moore 300- 55th Street Bernice Pope 214 -44th Street Molly Oberst 106 A-65th Street Martin Waranch 111 - 66th Street Gerrie West 217 - 75th Street Hobie Whitmore 311-48th Street Jay Woodard 113 - 85th Street (Abstaining) 3 AG2 B2 B2 - AG2 R20 R20 R20 R20 jçfJ % vff4Tl --- AG2 AG2 R20 R20 R20 R20 P1 P1 A Site Nimmo United Methodist Church W � � Property Polygons � Portion of the 'Old' Princess Anne Road right-of-way, Zoning south of 2040 Nimmo Church Lane Building Feet 01530 60 90 120 150 180 rr U�E,1c1 r J` ���tiy,Li 7 : +3Jf 44Y5 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Ordinance Approving Application of Nimmo United Methodist Church for the Closure of Approximately 21,961 S.F. of Former Princess Anne Road Adjacent to 2040 Nimmo Church Lane MEETING DATE: January 17, 2023 • Background: Nimmo United Methodist Church (the "Applicant") has requested the closure of approximately 21,961 S.F. of public right-of-way known as Princess Anne Road (the "Right-of-Way"), adjacent to 2040 Nimmo Church Lane. Due to the relocation and construction of the new four-lane Princess Anne Road, this portion of the Right-of-Way is no longer being utilized for public right-of-way purposes. The Applicant seeks to incorporate the Right-of-Way into its property for an expansion of the church parking lot. The Applicant is also exploring other options for its property with the Planning Department. Rebkee Partners Princess Anne, LLC, the owner of the adjacent parcel abutting the western portion of the Right-of-Way, has declined interest in acquiring the portion of the Right-of-Way abutting its property. • Considerations: In 1988, City Council approved the Applicant's request for the closure of a portion of Princess Anne Road adjacent to its property, which was incorporated into the church site. The church building on the Applicant's property is historically significant, and the closure of the Right-of-Way will provide additional land to support the future operations of the church. The Viewers determined that the closure of the Right-of-Way, with the conditions set forth below, will not result in any public inconvenience. There was no opposition to the request. • Recommendation: On December 14, 2022, the Planning Commission passed a motion to recommend this item on the Consent Agenda, passing a motion by a recorded vote of 10-0, to recommend approval of this request. 1. The City Attorney's Office shall make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall Nimmo United Methodist Church Page 2 of 2 be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Planning Department. 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining lots. The resubdivision plat must be submitted and approved for recordation prior to the final street closure approval. Said plat shall include the dedication of a public drainage easement over the closed portion of the street to the City of Virginia Beach, subject to the approval of the Department of Public Works, and the City Attorney's Office, which easement shall include a right of reasonable ingress and egress. 3. The Applicant shall verify that no private utilities exist within the right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company must be provided. 4. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved for recordation within one year of the City Council vote to close the right-of- way this approval shall be considered null and void. • Attachments: Ordinance (w/ Exhibit A) Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department Y 0 City Manager1. 1 ORDINANCE APPROVING APPLICATION OF 2 NIMMO UNITED METHODIST CHURCH FOR THE 3 CLOSURE OF APPROXIMATELY 21,961 S.F. OF 4 FORMER PRINCESS ANNE ROAD ADJACENT TO 5 2040 NIMMO CHURCH LANE 6 7 WHEREAS, Nimmo United Methodist Church (the "Applicant") applied to the 8 Council of the City of Virginia Beach, Virginia, to have the hereinafter described right-of- 9 way discontinued, closed, and vacated; and 10 11 WHEREAS, it is the judgment of the Council that said portion of right-of-way be 12 discontinued, closed, and vacated, subject to certain conditions having been met on or 13 before one (1) year from City Council's adoption of this Ordinance. 14 15 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 16 Beach, Virginia: 17 18 SECTION I 19 20 That the hereinafter described portion of right-of-way (the "Right-of-Way") be 21 discontinued, closed and vacated, subject to certain conditions being met on or before 22 one (1) year from City Council's adoption of this ordinance: 23 24 ALL THAT certain piece or parcel of land situate, lying and 25 being in the City of Virginia Beach, Virginia, designated and 26 described as "AREA OF PROPOSED STREET CLOSURE 27 (21,961 SQ. FT., 0.504 ACRES)", and shown as the cross- 28 hatched area on that certain street closure exhibit entitled: 29 "STREET CLOSURE EXHIBIT OF A 21,961 SQ. FT 30 PORTION OF PRINCESS ANNE ROAD FOR NIMMO 31 UNITED METHODIST CHURCH D.B. 2731, PG. 1643 & 32 M.B. 215, PG. 99 VIRGINIA BEACH, VIRGINIA", Scale: 1" = 33 80', dated January 31, 2022, prepared by WPL, a copy of 34 which is attached hereto as Exhibit A. 35 36 SECTION II 37 38 The following conditions must be met on or before one (1) year from City 39 Council's adoption of this ordinance: 40 41 1. The City Attorney's Office will make the final determination regarding 42 ownership of the underlying fee. The purchase price to be paid to the City shall be 43 determined according to the "Policy Regarding Purchase of City's Interest in Streets 44 Pursuant to Street Closures", approved by City Council. Copies of the policy are 45 available in the Planning Department. No GPIN assigned (City Right-of-Way) Adjacent GPINs: 2414-05-4907, 2414-05-3573 and 2414-05-0844 46 2. The Applicant shall resubdivide the property and vacate the internal lot 47 lines to incorporate the Right-of-Way into the adjoining lots. The resubdivision plat must 48 be submitted and approved for recordation prior to the final street closure approval. 49 Said plat shall include the dedication of a public drainage easement over the Right-of- 50 Way to the City of Virginia Beach, subject to the approval of the Department of Public 51 Works, and the City Attorney's Office, which easement shall include a right of 52 reasonable ingress and egress. 53 54 3. The Applicant shall verify that no private utilities exist within the Right-of- 55 Way proposed for closure. If private utilities do exist, easements satisfactory to the utility 56 company must be provided. 57 58 4. Closure of the Right-of-Way shall be contingent upon compliance with the 59 above-stated conditions within 365 days of approval by City Council. If the conditions 60 noted above are not accomplished and the final plat is not approved for recordation 61 within one (1) year of City Council approval, said approval shall be considered null and 62 void. 63 64 SECTION III 65 66 1. If the preceding conditions are not fulfilled on or before January 16, 2024, 67 this Ordinance will be deemed null and void without further action by the City Council. 68 69 2. If all conditions are met on or before January 16, 2024, the date of final 70 closure is the date the street closure ordinance is recorded by the City Attorney. 71 72 3. In the event the City of Virginia Beach has any interest in the underlying 73 fee, the City Manager or his designee is authorized to execute whatever documents, if 74 any, that may be requested to convey such interest, provided said documents are 75 approved by the City Attorney's Office. 76 77 SECTION IV 78 79 A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit 80 Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF 81 VIRGINIA BEACH (as "Grantor") and NIMMO UNITED METHODIST CHURCH (as 82 "Grantee"). 83 84 Adopted by the Council of the City of Virginia Beach, Virginia, on this day 85 of , 2023. THIS ORDINANCE REQUIRES AN AFFIRMATIVE VOTE OF THE THREE FOURTHS OF ALL COUNCIL MEMBERS ELECTED TO CITY COUNCIL. 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A z ee c yg4 • AV „ A 3 i V . o r3\ N c0 N O R.iG > Q V : .IV , - om ti ali tg4 0 VDIV VIRGINIA STATE PLANE COORDINATE SYSTEM, oat 12 o SOUTH ZONE, NAD 1983 (1993 HARN) 0 0 Applicant Nimmo United Methodist Church Agenda Item Planning Commission Public Hearing December 14, 2022 City Council District 2,formerly Princess Anne 5 Virginia Beach Request Street Closure Staff Recommendation J NC`� - Approval e Staff Planner a••••41•""rs / ii,.. ,„- Marchelle Coleman y i ill Location Portion of'Old' Princess Anne Road right-of- ) , ,,4 IIIIIL (-7 way, south of 2040 Nimmo Church Lane . \ Adjacent GPINs 2414054907, 2414053573, 2414055401, 7 111 -, / 2414050844 Site Size i' & / � �21et ---( - V Watershed Southern Rivers Existing Land Use and Zoning District * :- . .`1 •r. `,? .• x0 Public right-of-way r; { . w y e " t `Y r Surrounding Land Uses and Zoning Districts '' . ,:r • „;' <~ r �:;t• North ,4W � - ,; . , Religious use/R-20 Residential _ ' �yy 4,• South • w Undeveloped lot/AG-2 Agricultural, R-20 -, ` 's �. a �' �'°'� t, ` Residential :.,''_ . ,..`• _ •.S :-$› Fit{,.�' '' ` '�' ,� ►-_ - . East - '- ' : , � �`► .t; �Y 'may_ Heavenly Acres Court =s "'. Single-family dwellings/AG-2 Agricultural 1t ,-.•• -, , West ..,� ' " A - . `" Princess Anne Road , • Future car wash facility,fuel sales/B-2 t �.t 1.`'.y .• .,, _ s_ r• " Community Business Nimmo United Methodist Church Agenda Item 5 Page 1 Background & Summary of Proposal • The applicant, Nimmo United Methodist Church, is seeking to close a portion of the formerly used Princess Anne Road,west of Nimmo Church Lane. As shown on the submitted street closure exhibit, the proposal includes closure of a 21,961 square foot portion of Princess Anne Road. • Due to the relocation and construction of the new four-lane Princess Anne Road,this portion of the right-of-way has been abandoned.The applicant owns the property to the north and south of this portion of'old' Princess Anne Road and is seeking to incorporate this strip of land into their property for an expansion of the church and parking lot. • As required,the applicant discussed with the property owner to the west whether there was an interest on their part to obtain any of the right-of-way proposed for closure. According to the applicant,the adjacent property owner to the west does not have an interest in this portion of the right-of-way, resulting in the church becoming the sole owner of this 21,961 square foot area should the Street Closure be approved. a 420 Zoning History 2 r �" ' • 1 # Request 1 CUP(Columbarium)Approved 11 1 2016 STC Approved 4/25/1988 2 CRZ(0-2 to Conditional B-2)Approved 09/21/2021 CUP(Automobile Service Station)Approved 09/21/2021 AG2 CUP(Car Wash Facility)Approved 09/21/2021 - R20 3 CRZ(R-20 to Conditional AG-2)Approved 11/27/2001 Application Types CUP—Conditional Use Permit MDC—Modification of Conditions STC—Street Closure SVR—Subdivision Variance REZ—Rezoning MDP—Modification of Proffers FVR—Floodplain Variance LUP—Land Use Plan CRZ—Conditional Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental Evaluation & Recommendation A Viewers' meeting was held on February 25, 2022,that included City Staff from the Departments of Public Works, Public Utilities, Planning &Community Development, and the Office of the City Attorney,to consider this application. The Viewers determined that the proposed closure, with the required easements reserved to the City of Virginia Beach, will not result in any public inconvenience;therefore,the proposed area for closure is deemed acceptable. A review of the zoning history revealed that a street closure was previously approved in 1988. That property was also incorporated into the church site and, such as this request,will help perpetuate the future of one of the oldest operating Methodist Churches in Virginia with the expansion of the acreage under control of the church. Consistent with many Street Closure requests, Condition 2 is recommended below, whereby the City of Virginia Beach will retain a public drainage easement over the closed portion of the street in the event that the property is required in the future for drainage of public water. Nimmo United Methodist Church Agenda Item 5 Page 2 Based on these considerations, Staff recommends approval of the proposed Street Closure subject to the conditions listed below. Recommended Conditions 1. The City Attorney's Office shall make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Planning Department. 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining lots. The resubdivision plat must be submitted and approved for recordation prior to the final street closure approval. Said plat shall include the dedication of a public drainage easement over the closed portion of the street to the City of Virginia Beach, subject to the approval of the Department of Public Works, and the City Attorney's Office,which easement shall include a right of reasonable ingress and egress. 3. The applicant shall verify that no private utilities exist within the right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company must be provided. 4. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved for recordation within one year of the City Council vote to close the rights-of-way this approval shall be considered null and void. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Natural & Cultural Resources Impacts The site is located in the Southern Rivers watershed. Drainage in the Southern Rivers watershed is highly impacted by the presence of high ground water, poorly draining soils, and high-water surface elevations in downstream receiving waters. While there are no known cultural resources on this portion of the right-of-way,the property is located in the Nimmo United Methodist Church Historic& Cultural District, which was established in 1980. The Nimmo United Methodist Church,founded in 1791, exemplifies a rural American church building in the early Republic architectural style. A steeple was added to the front of the church in 1893 and several other additions were constructed between 1958 and 1990. The historic core of the church building, which is the sanctuary, and the steeple are contributing resources for the district and identify the steeple as a character-defining feature that should be preserved. As noted in the 2016 City of Virginia Beach Comprehensive Plan, it is the policy of the City to use all available resources, including those provided by the Historical Review Board and the Historic Preservation Commission,to preserve and protect resources of historic and cultural significance. Nimmo United Methodist Church Agenda Item 5 Page 3 Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice signs were placed on the property on November 14, 2022. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, November 27, 2022 and December 4, 2022. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on November 28, 2022. • 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 December 8, 2022. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,January 1, 2023 and January 8, 2023. • 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 January 2, 2023. • 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 January 13, 2023. Nimmo United Methodist Church Agenda Item 5 Page 4 s Ul U1 i E 'a' be N f0 U ▪ fd N 13 9000—OZZ :Air Z5 c v .O9 — ..L ' YIN:19 IA `H3V EI . Ica1/14102IIA m o""ss . Q ,anS a 66 •'Oil9TZ 'all VP CP9T Oa 1CLZ • a MP o it, 133A 09 L 09 0 HO2I11H0 ZSI 011.12 [ -0' zr01i11i10 '? 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C -" - .. :'- -,... •L , ,, ...,- .,, Nimmo United Methodist Church Agenda Item 5 Page 6 Site Photos ; , 4;;•:,..i.,?.,,,,i,if(t, rt. .„:,. . . • „ ovit ./i; ,, ,.,..it,,, ,• , of i• ,§ ,.p• K� 4 .. --1,-...t,ii t t I(' 'a T. c +s Nimmo United Methodist Church Agenda Item 5 Page 7 Disclosure Statement Disclosure Statement f:ry r Vivm 14ax4 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 Nimmo United Methodist Church Does the applicant have a representative? ■Yes ❑No • If yes,list the name of the representative. R.Edward Bourdon,Jr.,Esq.,Sykes,Bourdon,Ahern&Levy,P.C. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?■Yes ❑No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Pastor:Amanda Webber.Trustees/Leadership Board Members:Andrew"Drew"Lankford,John Folsom,Deborah Reinhart,Roma Firestone,Wanda Steffens,Gene Estes,Melody Jeffrey,Daniel Lear,Kohl Ratkovich. • 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. Revised 09 28.2021 1 1 P a p e Nimmo United Methodist Church Agenda Item 5 Page 8 Disclosure Statement Disclosure Statement 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? Andrew"Drew"Lankford,employee of the City of Virginia Beach,Media and Communications 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?I Yes ❑No • If yes,identify the firm and individual providing the service Jennifer W.Smith,CPA 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?■Yes ❑ No • If yes,identify the firm and individual providing the service. Gerrie West,Dills Architects 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. 21Page Nimmo United Methodist Church Agenda Item 5 Page 9 Disclosure Statement Disclosure Statement cug;yt9,yronMO, Planning&Community Development 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?❑Yes �'No • If yes,identify the company and individual providing the service. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?■Yes ❑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?t Yes ❑ No • If yes,identify the firm and individual providing the service R.Edward Bourdon,Jr.,Esq.,Sykes,Bourdon.Ahern&Levy,P.C. Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate I understand that upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Nimmo United Methodist Church By: /-E')r. , r.moo c"int vt+O, C�- -- — Applicant Signature VSrOv,r, Yv _ (jC�rti,e- Print Name and Title jr 3l^ �l7-0 7-2 Date Is the applicant also the owner of the subject property? II 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 at Date 112/30/2022 Signature LPrinttlaineMarchelle L.Coleman 31Page Nimmo United Methodist Church Agenda Item 5 Page 10 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • 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. Nimmo United Methodist Church Agenda Item 5 Page 11 Virginia Beach Planning Commission December 14, 2022, Public Meeting Agenda Item # 5 Nimmo United Methodist Church (Applicant) Street Closure Address: Portion of the `Old' Princess Anne Road right-of-way, south of 2040 Nimmo Church Lane RECOMMENDED FOR APPROVAL — CONSENT Mr. Alcaraz: Okay, thank you. Thank you. The next item for consent is item #5 for Nimmo United Methodist Church, please come forward, and state your name. Mr. Bourdon: Mr. Alcaraz, Mr. Chairman, and members of Commission, for the record Eddie Bourdon Virginia Beach attorney representing Nimmo United Methodist Church. We appreciate being on the consent agenda. All four conditions are acceptable to my clients and want to thank Marchelle for her work on this application. Mr. Alcaraz: Thank you. Is there any opposition to this item being placed on the consent agenda? Hearing none, I've asked Commissioner Weiner to please speak on this item. Mr. Weiner: Thank you, Mr. Alcaraz. This is a Street Closure for Nimmo Church portion of Old Princess Anne Road right of way. The applicant Nimmo Methodist Church is seeking to close a portion of the formerly used Princess Anne Road, west of Nimmo Church Lane due to the relocation and construction of the new four lanes Princess Anne Road. This portion of the right of way has been abandoned. Staff recommends approval and we put this on the consent agenda. Mr. Alcaraz: Thank you. Mr. Chair that was the last item for the consent agenda. The Planning Commission places the following applications on the consent agenda items#1, 3, 5, 6, 7, 8, 11, 12 & 13. Mr. Wall: Okay, thank you, Mr. Alcaraz. Alright, so that was not a motion, but so could you state that again as a motion? Mr. Alcaraz: Sure, I move that these items 1, 3, 5, 6, 7, 8, 11, 12 and 13 are approved for consent. Mr. Wall: Okay. Thank you. So we have a motion by Mr. Alcaraz. Do we have a second? Mr. Clemons: Second. Mr. Wall: Do we have any abstentions? An abstention by Mr. Frankenfield. Mr. Frankenfield: I am going to abstain pursuant to the Conflicts of Interests Act. I have a letter on file with the city attorney, and I have a previous business relationship with Sifen Associates, and will abstain from this vote. Mr. Wall: Okay, thank you. Mr. Tajan: Just to clarify that's for item #7 on the consent agenda. I'm sorry, item #six on the consent agenda that Mr. Frankenfield is abstaining from. It should be item#6 that he's abstaining from, not the whole consent agenda. Mr. Wall: Can you speak? I couldn't hear you. Mr. Tajan: I'm sorry. Mr. Frankenfield is abstaining from item#6 on the consent agenda. He's not abstaining on the whole consent agenda. Mr. Wall: Okay. Madam Clerk: Mr. Chairman, I noted a motion by Mr. Alcaraz, a second by Mr. Clemons. The vote is open. Mr. Frankenfield, can we get your vote please? By a vote of 10 in favor, 0 against, noting an abstention by Commissioner Frankenfield from agenda item #6, agenda items 1, 3, 5, 6, 7, 8, 11, 12, and 13 have all been recommended for approval. AYE 10 NAY 0 ABS 0 ABSENT 1 Alcaraz AYE Bradley AYE Clemons AYE Coston AYE Cuellar AYE Frankenfield AYE Horsley AYE Oliver ABSENT Redmond AYE Wall AYE Weiner AYE CONDITIONS 1. The City Attorney's Office shall make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Planning Department. 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining lots. The resubdivision plat must be submitted and approved for recordation prior to the final street closure approval. Said plat shall include the dedication of a public drainage easement over the closed portion of the street to the City of Virginia Beach, subject to the approval of the Department of Public Works, and the City Attorney's Office, which easement shall include a right of reasonable ingress and egress. 3. The applicant shall verify that no private utilities exist within the right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company must be provided. 4. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved for recordation within one year of the City Council vote to close the rights-of-way this approval shall be considered null and void. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. -49- Item -V-J.11 PLANNING ITEM#63849 Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council APPROVED/PROFFERED, BY CONSENT, Application of MICHAEL D. SIFEN, INC./KIM GORDON HICKMAN, HICKMAN PLANTATION SHOPPES, LLC, DOUGLAS C. and GLORIA J. BOND HICKMAN and MARY HUNTER HICKMAN for a Conditional Chance of Zoning from R-20 Residential to Conditional B-2 Community Business to be conducted at the "Hickman Historic House" at 2176, 2180, 2208 General Booth Boulevard DISTRICT 7—PRINCESS ANNE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of MICHAEL D. SIFEN, INC./KIM GORDON HICKMAN, HICKMAN PLANTATION SHOPPES, LLC, DOUGLAS C. and GLORIA J. BOND HICKMAN and MARY HUNTER HICKMAN for a Conditional Chance of Zoning from R-20 Residential to Conditional B-2 Community Business to be conducted at the "Hickman Historic House" at 2176, 2180, 2208 General Booth Boulevard (GPINs 2414144511; 2414173206; 2414172167; 2414170309;2414077143)DISTRICT 7—PRINCESS ANNE The following conditions shall be required: An Agreement encompassing proffers shall he recorded with the Clerk of Circuit Court. This Ordinance shall be effective in accordance with Section 107(f)of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Twenty-Seventh day of May, Two Thousand Fourteen May 27 21)14 91 Item—VI-K.3 PLANNING ITEM#66861 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED, AS PROFFERED, BY CONSENT: Ordinance upon application of CENTRAL DRIVE MINI STORAGE, INC.for a Modification of Proffers re size and location of building at the Northeast corner of General Booth Boulevard and Nimmo Parkway(Approved May 27, 2014)DISTRICT 7—PRINCESS ANNE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of CENTRAL DRIVE MINI STORAGE, INC.for a Modification of Proffers re size and location of building at the Northeast corner of General Booth Boulevard and Nimmo Parkway (Approved May 27, 2014) (GPINs 2414174511, 2414077143, 2414172167 and 2414170309)DISTRICT 7—PRINCESS ANNE The following condition shall be required: An Agreement encompassing Proffers shall he recorded with the Clerk of Circuit Court This Ordinance shall be effective in accordance with Section 107(f)of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia. Seventh day of March, Two Thousand Seventeen. Voting: 9-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Abstaining: Mayor William D. Sessoms,Jr. Council Members Absent. Shannon DS Kane 7 11117 — / ''' 7 // 17' (V7R I 6 : /V - 'C! 6: 1°Q 7/ R20 \ / - -,c,� \ °I ;St. R10 LI 4 —'a * ° .1 r7 32 B�2 ,, R10 �e o o R�10 � /-7----Q C3I 2 - , ,/ �� R10 n ' \ iN B1�A o �R�1.0� �� . B-l'i \ 0 i-./ _,(// ai_QM Q.% a - / o 0 Z R7.5 . _.,,„ -•••/ /----\--- _,,,,,, , B1A (tr/ // I R7.5 ; ill i E '2 B2 B2Cjc' I o , o 0/, 4 ---- il `-02 02 SI =__ - __O-,/, 'Q). c_.,, ' o lir U4 \x' \ o 43 r\------ c). Q0b - - / / A Ltr / /'-' ---__ ' A , ___/ 6 L ' ........................_____A i / 0 /N ----------_ -' ; ' � R7.5 LiiTif-.53' -_- (5Nimmo ParkwayNimmo Parkway ' - -_ a— 7 71, 134 R20-- 7 --- N r A Site ��, W'iI\'% 'E Property Polygons Hickman Shoppes, LLC NO' Zoning 2216 General Booth Boulevard s Building Feet 0 37.575 150 225 300 375 450 c ,S\i31A 6'`,l �04 I �77 44 CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: HICKMAN SHOPPES, LLC [Applicant & Property Owner] Modification of Proffers to a Conditional Rezoning for the property located at 2216 General Booth Boulevard (GPIN 2414172423). COUNCIL DISTRICT 5, formerly Princess Anne MEETING DATE: January 17, 2023 • Background: The applicant is requesting to modify the proffers associated with a Conditional Rezoning approved by City Council in May 2014 which rezoned the property from R-20 Residential District to Conditional B-2 Community Business to develop the site with a shopping center. A subsequent modification was approved by City Council in March 2017 to revise the conceptual site plan to increase the footprint of the proposed anchor store. The applicant is now seeking to modify the proffers to revise the previously approved proffered site plan and renderings to implement the following: o Building A will be converted into two separate buildings and will be identified as Buildings Al & A2. o Building Al will be converted from retail to a bank with a drive-thru and Building A2 will remain as retail. o Building F will increase in size from 2,450 square feet to 3,500 square feet. o The Anchor store will increase in size from 45,600 square feet to 49,701 square feet. o The 0.907 acre Outparcel along Nimmo Parkway will be eliminated. • Considerations: The request is in keeping with the policies and goals set forth in the Comprehensive Plan for the Suburban Area. The design of the proposed buildings is consistent with the architecture and materials of the existing shopping center, the Suburban Area Design Guidelines, and the Retail Establishment and Shopping Center Ordinance Guidelines. An enhanced landscape buffer is proposed with 30- inch tall brick masonry walls provided along Nimmo Parkway to screen the bank drive-thru aisle and the loading dock for the anchor store from view from the public right-of-way. Staff with the Planning Commission's concurrence does not anticipate any diminished quality of the development as a result of this request. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. There is no known opposition to this request. Hickman Shoppes, LLC Page 2 of 2 • Recommendation: On December 14, 2022, the Planning Commission passed a motion to recommend this item on the Consent Agenda, passing a motion by a recorded vote of 10-0, to recommend approval of this request. • Attachments: Staff Report and Disclosure Statements Location Map Proffer Agreement Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department �r City Manager: 'e 'NIBApplicant & Property Owner Hickman Shoppes, LLC Agenda Item Planning Commission Public Hearing December 14, 2022 City Council District 5, formerly Princess Anne 6 Virginia Beach Request Modification of Proffers Staff Recommendation `°�,, TaisaeoN� M° Approval F` °141 . `Q ` ` �na,P 6, i� Per v •a a Staff Planner l°° 4�. \ Marchelle Coleman � sl �� 4eb i i,# 1 3 G'eY Fox lane `�6ry0' +SO4'bar 18, $e. 6 a d G Location - = S, f 2216 General Booth Boulevard n - �.P"'''`"j ��4*4 wd,�� GPIN ydu° !�e 2414172423 65-7C dB DNL µmrtiO Par"" Site Size _ ` e SCR 2 Shade tic - ! ,, 9en° k C o 12.14 acres ,!r AICUZ ,,e.\ebe`cY�lal\O,f cce�ad Ja cL 65-70 dB DNL; Sub-Area 2 V`a °`eySP I, Watershed Southern Rivers Existing Land Use and Zoning District ` ,, Apt - :7 et'- *-- .' , : =► `- . 4'. y tin Shopping center/ B-2 Community Business }- 4 ,x . , - - Y ,' Surrounding Land Uses and Zoning Districts L ,, ,r :; ;q '" • '� " ,w,‘ North ''" ,. "�'`: r Single-family dwellings/ R-10 Residential } r .�.,AO A •,k 10 South �, , ,,or . , .4[ - , _ Nimmo Parkway t+- ,•' or `. 34. , j , l.i• 44-Mixed-retail/ B-4 Mixed Use .1 !.i9 ,4'- ,,,.-4,, /4' - East �;�,e`. - �^ 1 t glib& 'r ` Single-family dwellings/ R-7.5 Residential F• ,>f....11, r.. q West r - -; -. ,i General Booth Boulevard 'ter ?t ^^ "� - - = ._. — ','-; Community Business, B-2 Community Business71 Hickman Shoppes, LLC Agenda Item 6 Page 1 Background & Summary of Proposal • The applicant seeks to amend proffers associated with a Conditional Rezoning approved by City Council in May 2014 to rezone this property from R-20 Residential District to Conditional B-2 Community Business District to develop the site with a shopping center and subsequent modifications in March 2017 to modify the site layout to accommodate a larger footprint for the proposed anchor store depicted on the proffered Conceptual Site Layout Plan. At that time, the applicant proffered that the development would be constructed in substantial conformance with submitted renderings and site layout plan. • The applicant is now requesting another Modification of Proffers to implement the following changes to the previously proffered site layout and renderings: o Building A will be converted into two separate buildings and will be identified as Buildings Al &A2. o Building Al will be converted from retail to a bank with a drive-thru and Building A2 will remain as retail. o Building F will increase in size from 2,450 square feet to 3,500 square feet. o The Anchor store will increase in size from 45,600 square feet to 49,701 square feet. o The 0.907 acre Outparcel along Nimmo Parkway will be eliminated. • As depicted on page 13 of this report,the proffered building elevations for Building Al will have a neutral color palette, red and Palmetto Whitestone brick masonry, beige EIFS, and a silver anodized aluminum storefront. The height for Building Al, at the highest point,will be 21 feet and 6 inches. In addition, the proffered building elevations for the anchor store,shown on page 14 of this report, consists of a neutral color palette with architectural features consisting of ElFs and brick. The parapet framing on the building at its highest point is 36 feet. • The Conceptual Site Plan depicts the required interior parking lot and frontage plantings, as well as the 20-foot wide landscape buffer with Category IV landscape plantings along the northern and eastern property lines. Additional plantings and a 30-inch tall brick masonry wall to match the existing walls along General Booth Boulevard are proposed at the rear of Building Al along Nimmo Parkway to screen the drive-thru aisle from the public right-of- way. A 30-inch tall masonry wall is also proposed along Nimmo Parkway, south of the anchor store, as well as a 72- inch tall masonry wall along the eastern property line to screen the Loading Dock for the anchor store. • The shopping center requires 389 parking spaces.The proffered Conceptual Site Plan depicts 469 parking spaces, thereby satisfying the parking requirement. Hickman Shoppes, LLC Agenda Item 6 Page 2 V- . Q 3 141,a 1. `ram. Q AI � V Zonin Histor 1 0� g Y %i q k 1 # Request ��� • * r f c 1 CRZ(R-20 to Conditional B-2)Approved 05/27/2014 x it Q MODP Approved 03/08/201 7 q,{ 2 CRZ O 2 to Conditional B 1A Approved 10 12 1999 +v :It. CRZ(0-2 to Conditional B-1A)Approved 05/24/1998 — 3 CUP Hair Care Center A roved 05 13 2008 114* 3 � __ PP/�� 4 CUP(Religious Use)Approved O1/11/2000 / / ♦ Q 4 CRZ(Conditional 0-1& R-20 to Conditional B-2) iP` wA roved 09/08 2009 = CRZ(R-20 to Conditional 0-1)Approved 08/08/1995 _ 5 CRZ(AG-2 to Conditional B-4)Approved 01/22/2008 �� j /P N 6 REZ(R-20 to R-7.5)Approved 06/27/1995 erg Application Types CUP—Conditional Use Permit MDC—Modification of Conditions STC—Street Closure SVR—Subdivision Variance REZ—Rezoning MDP—Modification of Proffers FVR—Floodplain Variance LUP—Land Use Plan CRZ—Conditional Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental Evaluation & Recommendation This request to modify the proffers to amend the conceptual site layout and building renderings is acceptable.The request is in-keeping with the policies and goals set forth in the Comprehensive Plan for the Suburban Area, as it pertains to infill development. The design of the proposed buildings are consistent with the Suburban Area Design Guidelines and the Retail Establishment and Shopping Center Ordinance Guidelines. Staff does not anticipate any diminished quality of the development as a result of this request, as there will be an enhanced landscape buffer with a 30-inch tall brick masonry walls provided along Nimmo Parkway to screen the bank drive-thru aisle and the loading dock for the anchor store from view from the public right-of-way. The proposed elevations will be of high quality materials that are consistent with the architectural materials and design of the existing buildings on site.The site layout will not be adversely impacted as the parking for the shopping center will remain within the interior of the site with brick masonry walls in areas where parking is visible from the public right-of-way. It is the opinion of Staff that the traffic generated by this Shopping Center will result in a total of 6,608 average daily trips. There has been a decrease in trip generation from the existing proposed use due to the elimination of the proposed outparcel that was shown on the 2017 Conceptual Site Plan. Since the change in trip generation are minor,the conclusions of the March 2014 Traffic Impact Study are still valid. As recommended by the Comprehensive Plan,the applicant submitted a preliminary drainage study to the Development Services Center(DSC) outlining their proposed stormwater strategy for the entire site with the previous approval. As a result of that review, Staff agrees that the proposed conceptual stormwater strategy had the potential to successfully comply with the stormwater requirements of this site. While the majority of this site has been developed, and this modification is minor is scale to the overall development of the site, an additional preliminary stormwater analysis for these revisions was not deemed necessary by Staff. Further review will take place during the site plan approval process. Based on the considerations above, Staff recommends approval of this requests subject to the proffers listed below. Hickman Shoppes, LLC Agenda Item 6 Page 3 Proffers The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA).The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved,the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. Proffer 1: When the Property is developed, it shall be developed substantially as shown on the exhibit entitled, "Conceptual Layout Plan Hickman Place Virginia Beach,Virginia", dated October 1, 2022, prepared by Finley Design, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning& Community Development (hereinafter"Concept Plan"). Proffer 2: When the Property is developed,the exterior of the retail shoppes shown on the Concept Plan shall be substantially similar in appearance to and shall utilize the external building materials as depicted on the ten (10) exhibits entitled "Conceptual Building'Al' at Hickman Place" pages 1 and 2, dated October 4, 2022; "CONCEPTUAL ANCHOR at Hickman Place" pages 1 and 2, dated October 6, 2022; "Hickman Place Conceptual Perspective View 1" dated November 30, 2016; "Hickman Place Conceptual Perspective View 2" dated November 30, 2016; "Hickman Place Conceptual Perspective View 3" dated September 15, 2022; "Hickman Place Conceptual Perspective View 4" dated November 30, 2013; "Hickman Place Conceptual Perspective View 5 House Parcel", dated November 1, 2013; and "Hickman Place Conceptual Perspective View 6, View 7 and View 8" dated October 1, 2022, prepared by Finley Design, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning&Community Development (hereinafter"Elevations"). Any roof mounted mechanical equipment shall be screened from view. Proffer 3: Except as modified herein,the remaining unchanged proffered covenant, restriction and condition as set forth in the 2017 Amended Proffers and the remaining never modified proffered covenants, restrictions and conditions as set forth in the 2013 Proffers are hereby ratified and affirmed. Staff Comments: Staff has reviewed the Proffers listed above and finds them acceptable. The City Attorney's Office has reviewed the agreement and found it to be legally sufficient and in acceptable legal form. Proffers from 2013 Proffer Agreement Proffer 1: When the Property is developed, it shall be developed substantially as shown on the exhibit entitled "CONCEPTUAL LAYOUT PLAN HICKMAN PLACE, VIRGINIA BEACH, VIRGINIA" dated October 30, 2013, prepared by Finley Design, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter referred to as the "Concept Plan"). Proffer 2: When the Property is developed, the exterior of the retail shoppes shown on the Concept Plan shall be substantially similar in appearance to and shall utilize the external building materials as designated on the eight (8) exhibits entitled "Hickman Place,Virginia Beach, VA" and designated "Conceptual Perspective View: 1, 2, 3,4, 6, 7 and 8", dated October 25, 2013, and "Conceptual Perspective View: 5 House Parcel", dated November 1, 2013, prepared by Findley Design, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Hickman Shoppes, LLC Agenda Item 6 Page 4 Planning (hereinafter referred to as the "Elevations"). Any roof mounted mechanical equipment shall be screened from view. Proffer 3: When the Property is developed,the existing dwelling commonly referred to as the "Hickman House" (originally known as "Brown's Tavern")shall be relocated, to the northwest corner of the property, substantially preserved, renovated and converted to food service and/or office use.This building is designated "House/Cafe 1600 sf' on the Concept Plan and the business operated in this building shall close by no later than 11:00 PM. Proffer 4: When the property is developed,only freestanding monument style signage may be erected on the Property, constructed with a brick or brick veneer base matching the brick used in the retail shoppes. All building mounted signage shall be channel letters on a raceway(i.e. no block signs) and only the lettering may be illuminated. Proffer 5: As depicted on the Concept Plan,when the Property is developed, right of way dedications along the Property's frontages on Nimmo Parkway and General Booth Boulevard will be provided and one additional lane will be constructed by the party of the first part to west bound Nimmo Parkway, immediately adjacent to the Property's frontage on Nimmo Parkway. Proffer 6: A photometric plan (i.e. lighting plan) for the parking area shall be submitted for review with the Site Plan. In addition, wall mounted security lighting (i.e. "wall packs") shall be installed on the northern (i.e. rear)wall of the building at a height not to exceed ten feet (10') above grade. Proffer 7: Any dumpsters on the Retail Site and on the Outparcel will not be "tipped" (picked up) between the hours of 9:00 PM and 7:00 AM. Proffer 8: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. Proffers from 2017 Proffer Agreement Proffer numbered 1 in the 2013 Proffers is hereby deleted and replaced with the following "NEW PROFFER#1": When the Property is developed, it shall be developed substantially as shown on the exhibit entitled, "Conceptual Layout Plan Hickman Place Virginia Beach,Virginia", dated November 29, 2016, prepared by Finley Design, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Concept Plan"). Proffer numbered 2 in the 2013 Proffers is hereby deleted and replaced with the following "NEW PROFFER#2": When the Property is developed,the exterior of the retail shoppes shown on the Concept Plan shall be substantially similar in appearance to and shall utilize the external building materials as depicted on the eight (8) exhibits entitled, "Hickman Place, Virginia Beach,VA" and designated "Conceptual Perspective View: 1, 2, 3,4, 6, 7 and 8", dated November 30, 2016, and "Conceptual Perspective View: 5 House Parcel", dated November 1, 2013, prepared by Finley Design, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (hereinafter referred to as the "Elevations"). Any roof mounted mechanical equipment shall be screened from view. Hickman Shoppes, LLC Agenda Item 6 Page 5 Proffer numbered 3 in the 2013 Proffer is hereby deleted and replaced with the following "NEW PROFFER#3": When the Property is developed,the existing dwelling commonly referred to as the "Hickman House" (originally known as "Brown's Tavern") shall be relocated,to the northwest corner of the Property, substantially preserved, renovated and converted to food service and/or office use.The buildings designated "House/Cafe 1800 SF" and "Building'F' 2,450 SF" on the Concept Plan and any businesses operated in them shall close by no later than 11:00 PM. 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. (Sec. 1.3, pp. 3— 10) Natural & Cultural Resources Impacts The site is located within the Southern Rivers watershed. Drainage in the Southern Rivers watershed is highly impacted by the presence of high ground water, poorly draining soils, and high water surface elevations in downstream receiving waters. The Hickman House was constructed in 1832. It is historically known as 'Brown's Tavern,' as the structure was once used as a tavern for travelers. The structure is listed in the "50 Most Historically Significant Houses and Structures in Virginia Beach." As with the previously approved proffered site layout,the structure was relocated to the northwestern corner of the site where it was reconditioned and repurposed for an adaptive reuse of the significant historic structure with a front yard and an outdoor café area. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Nimmo Parkway 23,500 ADT1 32,700 ADT 1(LOS°"D") Existing Land Use 2—6,798 ADT Proposed Land Use 3-6,608 ADT General Booth Boulevard 30,500 ADT1 32,700 ADT 1(LOS°"D") 1 Average Daily Trips 2 as defined by a 100,153 square 3 as defined by a 97,361 square 4 LOS=Level of Service foot shopping center(Previously foot shopping center Approved Land Use) Master Transportation Plan (MTP) and Capital Improvement Program (CIP) General Booth Boulevard is currently a four-lane divided minor urban arterial that is designated as an Access Controlled roadway in the current MTP. This section of General Booth Boulevard is shown as a six-lane roadway in the MTP; however, it is not included in the current CIP. Nimmo Parkway is currently a four-lane divided major urban arterial that is designated as an Access Controlled roadway in the current MTP. No roadway CIP Projects are proposed for this section of Nimmo Parkway. Hickman Shoppes, LLC Agenda Item 6 Page 6 Public Utility Impacts Water & Sewer The site connects to both City water and sanitary sewer. Public Outreach Information Planning Commission • The applicant reported that they met with the surrounding property owners on November 9, 2022.The meeting was held in-person. The development team discussed the revisions of the proffered plan with those in attendance, and no objections were raised. • As required by the Zoning Ordinance,the public notice signs were placed on the property on November 14, 2022. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, November 27, 2022 and December 4, 2022. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on November 28, 2022. • 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 December 8, 2022. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,January 1, 2023 and January 8, 2023. • 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 January 2, 2023. • 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 January 13, 2023. Hickman Shoppes, LLC Agenda Item 6 Page 7 'G —t O �� h ,. d! ,:I(iRE'LiF R111EI VI L�,!1 C .[. .� Hickman Place o I' ( RE' ! 1'J9 H PJNS G ELA' YI 5. VT) •. y.., �i •,.: ' ` "J A(AMA11A1AA MKF ♦I l ' 11- { . � ATDUC DIJ i61DU _.HOUSFKAfF '�DIDINGF` a "VNT DOSTNC CL 7('H 4wS,MNr SCN_FNWAI_ � I ^gin\1 7-7 3.SWs rt...KI A SITE STATISTICS VirgUNUSDyPG '1 ` ' NICK!OMNCN At MU .101FRTY 7FSCRF'TK NL NORTNFAST COMER OF O al.FfKAnOtit /,,/ GE,IFFAI BOCTM BLVD AND Vii _ IffINSIAN 174S'1: n +) N1A 11010,?114 17 ROk m a 7 4IA-07.1141:744-171167 is `4.__ % TOM PRD�E47Y AREA. SASS SC/JAPE FEET 13 k''/J 170PF 4.0.W NW/CON. 12.141 ACRES DJ ZGHT.OF-WAY IN)ICIITCA. 11.77OSC/IA(F F=FT l\ ANCFKIN • 07A1 ACVAS tn t- \ m sF )' \ v' TOTALPIID�LFTVASIA 51Af1TS0.lAItLEI.' Pt •'y,s \ 701E DARERD. `1 A,ACRES \ \\1 ' U W�TE4 NO DEFN:ATION'r ,S •' ' I \.. 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FINLEY D ENS I G N Hickman Place ARCMITE CTlJRE ITC RIORS Virginia Beach,VA November30,2016 Conceptual Perspective View 1:Corner Shops Michael D.Sifen,Inc. - MOBILE STORE 0. .. ,, .,,,,..c....,. . ,,..: ef t,4.-c•. ., 4. _.,; -' 4 , II t .T - - SFrr ;` 'l 1 i _ I , kiiii w;+ Wit n. _ c x • r.mot r 1. ^M ' .,. ... Hickman Place FINLEY DESIGN �► ARC NIT[CTU R[ + INT[RIORS Virginia Beach.VA November 30.2016 Conceptual Perspective View 2:General Booth Blvd Michael D.Sifen,Inc. Hickman Shoppes, LLC Agenda Item 6 Page 9 Approved Building Renderings Km 7 hllir -4.' * QIS T40 Itg:-,-' - vaillA:MIE___ ,,,SS silk -___77 grIl ...,..,--_ r II I WirkktVI ttillAC-1-1-,..,___I • . ll 1 I i 1 I ' J 1 •, `1 L 4 II I ill MI I I MI ott:.*:,1: ' • .. -:..:,''.7' ..it iarsissirsartess „..,,,,.....• ..".„...- . „„,,,.. „ -,, ,y.-.,: .0.1-- -?.- i„,ii,,,: r F FINLEY D E S I G N Hickman Place •RC NITE CTU RE INTERIORS Virginia Beach,VA November 30,2016 Conceptual Perspective View 3:Nimmo Parkway Michael D.Sifen,Inc. (, tenet f a ---.^Altille4 v`..�4 - -- ____ _- .-_ SALON �- >� - D ' Jii witx NAILS • e I i i li Mil I 1 ;,„■ I , .R - ! Hickman Place FINLEY DESIGN E. ARC IT[CTU RE • INTERIORS Virginia Beach,VA November 30,2016 Conceptual Perspective View 4:Building D Michael D.Siten,Inc. Hickman Shoppes, LLC Agenda Item 6 Page 10 Approved Building Renderings 'I. ''fir . . "P2 -,),..._Lz. _ 1—.4,-!.._ . rt _s - ; ,,.., , ... , L . ____, _ _____. _ - - fi. _ . �-.�i ti; : . .i��►I ,.. , ,......_____ii.,........,,, s ,;,.....-__ ,.. ...,,,.. .0„„,„„ .....„........_ ir. i .____,......4.4.1001.0.., . , „, ,I. , 0.:,..,„,(...„.,....,..v . _ ,raitlfil `r .--t t' . FINLEY D ENS I G N Hickman Place AACMITE CTURE NTERIOR$ Virginia Beach,VA November 1,2013 Conceptual Perspective View 5:House Parcel Michael D.Sifen,Inc. A' �"" .rl me MARKET — �, 1117.11111111111121111114 P ■ r ,.... II — f �.j 4.., Hickman Place IIIIII - r. FgICN1L E YR[D E 5 1 G N AM [CTU i INTERIOAS Virginia Beach.VA October 1,2022 Conceptual Perspective View 6:Anchor Shops Michael D.Sifen,Inc. Hickman Shoppes, LLC Agenda Item 6 Page 11 Approved Building Renderings -_Amig -.m._ ,411111, — 't 4-441riiied.".a- ...-- • — ____J---Int_111131,., ... A. ie., 1,„ —r ------ -----,--_,-- _e_fr.ait,fro, 4. 4\ ate"li I L /1If? I / ill._ . vey. s 4 INN ' . --44441111111414, FINLEY DESIGN HickmanPlace ARC MITL CTU R[ + INTE RIORf Virginia Beach,VA October 1,2022 Conceptual Perspective View 7:Overall View Michael D.Sifen,Inc. liii'W f --- -------= __„--,,,p, _...........>.-4, ..... ,,,,,, ....It o. ,.,,, 4- tea ...., . '4,,,,k, . , L z r ) ,. c......, ; 4., p_ .,,._ -,.. • .'2,it 3+ .1. i• '• ' ,411,,,.' i -4 "6.'.0..,..ple ..74-...4: F �:ti f e. -- 7f+ Hickman Place FINLEY DESIGN ARCHITC CTURL "NTCRIORS Virginia Beach,VA October 1,2022 Conceptual Perspective View 8:Overall View Michael D.Sifen,Inc. Hickman Shoppes, LLC Agenda Item 6 Page 12 Proposed Building Elevations for Bldg. Al f,2.TO HIGH PARAPET _PTO LOW PARAPET _ / 7 17'.5' 1_._-- f TO STOREFRONT 1 - -- o' a' II 1 3 d 7`h T O SLAB I - -- - -— I -`-- MATCH REDATCBRICK PALMETTO TO PH LVNITESTONE BRICK WEST ELEVATION Uu J Li T 0 HIGH PARAPET L. SW699S SWT036 i 21'-6'• ' SUPERWHITE ACCESSIBLE BEIGE 4 - 1 _T O WED PARPE--7�. 19 ," 7 T 0 LOW PARAPETLI Li ,r-a•S ACM REVNOBOND SILVER ANODIZED "CHASE SILVER' STOREFRONT MULLION _ __ _ TO STOREFRO� a I -- -.- SPANDREL GLASS _. ,.._ TYPICAL i - I -__ T O SL o•-o"AB NORTH ELEVATIONa BLACK ANODi2EC • T 0.HIGH PARAPET Z1, 6.. • TO MEDPARAPET - -- - t 9' 4' • T.O.LOW PARAPET L I QL:T 0 STOREFRONT _ _4111L IMPO I I ir-,--.,--,--,4,--,-,-, RED BRICK PALMETTO ____ or:ce TO MATCH WHITESTONE BRICK ____L ___ MIEC L O 0 O. 0' TO S A.E f I - al] .__, SW8995 SWT036 EAST ELEVATION SUPERWHITE ACCESSIBLE BEIGE L ACM REYNOBOND SILVER ANODIZED T 0 MED PARAPET h 'CHASE SILVER' STOREFRONT MULLION 8' 4' TO STOREF_RONTI SPANDREL GLASS Li illillki t 0'-0' ' TYPICAL + i 1 1t : .iw I —F. T.T.O SLAB 0' 0'(‘ BLACK ANODIZED COPING SOUTH ELEVATION Hickman Shoppes, LLC Agenda Item 6 Page 13 Proposed Building Elevations Anchor Store e„., - :,; J .... —, - GROCERY RaN w r-- r— : �N�'1 STORE l Yf�IM'K1 - 1,, 1,, `, k ��t�—lain'■` — I I, - \ ---_ �4.. Il r t r' Z.lialt - - - =MR SW..2 MOM AIM ila illt 111 I rj:"-' - !- --.4-1-74.:--1. - '17' . _ _. _ . f ROkT f ,',Ch III GROCERY _ et , 1 i- IM, - i 1iftEZ _7_--7-1111 i !I11111 l t , I I, r ,GNI : . jyp•= b. 1 r l - _ _.- -.- 1---r il f.rfrnH/fE e.r _ririll 1 t Eft flfy4T.0N _ tlr rare i:-_ •rr w � +a[f -.v v f• i moo.. .r,...u.,: a,.— pone Hickman Shoppes, LLC Agenda Item 6 Page 14 Approved Conceptual Site Plan - 2017 u: z u Zr -O W L.7° o a a— —r CV <Q dl E in o z- oo Z 24.: allos W = r r6 f W r O 45 V cc 0 a, J >a c aa. Z�Qv Za C bfl HE:-I v~i °° o o u pOU' O N L .9. ` 0 O< 2 i z c Q Pi .�- \ 8 C C/7 a�O35ododa \ Q oz.) ` \ \ i3 CS® V \ U3ii,sSao�SOHc'r n0031 V _ , , C .0000 �. m z O C v • \I\ \ D ---" ,iieW .' \ ‘\\ U I •Pc � ,— �` ,o -- - .. ,,,t,.- \-ct\lii ' i ,NA \\It:"\\\ .a �."t �'. \ . \ gi. . 4- ,,, -51, — \\ s.ai-t, 'hvoi ,‘--f--- 4:-, 41 • Itt: "-" 8-4' ' 0\\ \ \\;\,\\\:, '--,'-t. 111 %:,..ail 41. cl-;: ` V 1 r-c--. I. _ 4)H*ter` _ _ .... 3` ,, ..., ., N .r?.•'-f,. ILII - __ .,.,--.... i • t teit . [1—. 7.—L, - r- .k !` ----- ..___________. —7 ge o_ .< Hickman Shoppes, LLC Agenda Item 6 Page 15 Site Photos ..... 111 .„ „•.---... ___ -4.0•••,.-- --_-_,Air.. . ,,.., .. .4 _ , ; will:: • ti _ . -,,,. = , 4-•.. ---- ...... — __....._---. ..— ,,,,._ '.4-s-‘1. --.- - ..,---- '' =' -: - '- - •• -----Irk It'r---• _ r.. 1., .. ., ... - • • • - ---- ..• • .... , _ .. „„ , ,_ , 4"°,--',.-'--.-'''';`,..--f--.;• -,,4-- f-',. .,,•1,.,%•.;,,,,,!,:isit;,.,.41 ,4,,•-•:':ok.',-,1'V.,... 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At -•••- ... .-...r. .,-- .._ Hickman Shoppes, LLC Agenda Item 6 Page 16 Site Photos 41, k.• air 4j _ . _ - - _ ..;�'�". ..,b,..,�.. _ - -,r3•-F... .',9.-'.fir— �«:"a`„�����•'�_ .-.J�w- Hickman Shoppes, LLC Agenda Item 6 Page 17 Disclosure Statement Disclosure Statement \43 City of limy=Becxf, Planning&Community w,...n 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 Hickman Shoppes,L.L.C.,a Virginia limited liability company Does the applicant have a representative? I 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?I Yes ❑ No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Manager:Central Drive Mini Storage,Incorporated:Michael D.Sifen,President;Barry A.Sifen,Vice President/CFO • If yes,list the businesses that have a parent-subsidiary.-or affiliated business entity'relationship with the applicant. (Attach a list if necessary) Michael D.Sifen,Inc.:Michael D.Sifen,President;Donald R.Smith,Vice President;Barry A.Sifen,First Vice Preside nt/CFO/Secreta Ty "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. Revised 11.09.2020 1 Hickman Shoppes, LLC Agenda Item 6 Page 18 Disclosure Statement Disclosure Statement C a y of Virginia Beach 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 El 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. Union Bank&Trust 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 IN 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?II Yes 0 No • If yes,identify the firm and individual providing the service. Kerry Finley,Finley Design Architecture&Interiors 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. Revised 11.09.2020 2 I P a g e Hickman Shoppes, LLC Agenda Item 6 Page 19 Disclosure Statement Disclosure Statement N/13 cry< tit: 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. Donald Smith,Michael D.Sifen,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?k Yes 0 No • If yes,identify the firm and individual providing the service. Claude Lym,SIA 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?111 Yes ❑No • If yes,identify the firm and individual providing the service. R.Edward Bourdon,Jr.,Esq.,Sykes,Bourdon,Ahern&Levy,P.C. Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Hickman Shoppes,LLC. i Y� ? By: 111 � f / s Applicant Signature Michael D.Sifen,President of Central Drive Mini Storage,Incorporated its Manager Print Name and Title Date Is the applicant also the owner of the subject property? In 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 �f Fa No changes as of 12/30/2022 signature °r""iAe Marchelle L.Coleman Re:iced 1109.2020 3 I P a g e Hickman Shoppes, LLC Agenda Item 6 Page 20 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • 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. Hickman Shoppes, LLC Agenda Item 6 Page 21 SECOND AMENDMENT TO PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS HICKMAN SHOPPES L.L.C.,a Virginia limited liability company TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH,a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 31st day of October, 2022, by and between HICKMAN SHOPPES, L.L.C., a Virginia limited liability company, Grantor; and THE CITY OF VIRGINIA BEACH,a municipal corporation of the Commonwealth of Virginia,Grantee. WITNESSETH: WHEREAS,the Grantor is the owner of that certain parcel of land which is hereinafter referred to as the "Property" located in District 5, formerly the Princess Anne District of the City of Virginia Beach,Virginia,containing approximately 11.917 acres and designated Parcel "A". The Property is more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference; and WHEREAS, the Grantor has initiated a second modification to a conditional amendment to the Zoning Map of the City of Virginia Beach, by petition addressed to the Grantee so as to modify two (2) conditions to the Zoning Classification applicable to the Property; and WHEREAS, the Grantor has requested Grantee to permit this modification of the First Amendment to Proffered Covenants,Restrictions and Conditions dated December 1,2016 and recorded in the Office of the Clerk of the Circuit Court of the City of Virginia Beach,Virginia as Instrument Number 20170314000209140 (hereinafter"2017 Amended Proffers"),to reflect three (3) amendments applicable to the"Concept Plan"and "Elevations"; and PREPARED BY: GPIN: 2414-17-2423-0000 111 SYIU S,BOURDON, AII£RN&LI VY,P.C. Prepared by: R.Edward Bourdon,Jr.,Esq.,VSB#22160 Sykes,Bourdon,Ahern&Levy,P.C. 4429 Bonney Road Suite 500 Virginia Beach,Virginia 23462 WHEREAS, with the exception of the modifications and additions reflected in the exhibits described in proffers numbered "1" and "2" in the 2017 Amended Proffers, it is the Grantor's intent to affirm the remaining proffer numbered 3 in the 2017 Amended Proffers along with proffers numbered 4, 5, 6, 7 and 8 contained in the original Proffered Covenants, Restrictions and Conditions dated November 1, 2013 as recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument Number 20140530000475480 (the"2013 Proffers"); and WHEREAS,the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to cope with the situation to which the Grantor's proposed modification of conditions to the zoning gives rise; and WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee,as a part of the proposed modification to the existing zoning conditions with respect to the Property, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted, which conditions have a reasonable relation to the proposed modification and the need for which is generated by the proposed modification. NOW, THEREFORE, the Grantor, its successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes the following amended declaration of conditions and restrictions which,along with the unchanged covenants, conditions and restrictions set forth in the 2017 Amended Proffers and the 2013 Proffers,shall restrict and govern the physical development,operation, PREPARED BY: B SYKES.ROURDON. and use of the Property and hereby covenants and agrees that this declaration shall constitute AHERN&LEVY.P.0 covenants running with the Property,which shall be binding upon the Property and upon all 2 parties and persons claiming under or through the Grantor, its successors, personal representatives,assigns,grantees,and other successors in interest or title: 1. Proffer numbered "1" as contained in the 2017 Amended Proffers is hereby deleted in its entirety and replaced with the following New Proffer#1: 1. When the Property is developed, it shall be developed substantially as shown on the exhibit entitled,"Conceptual Layout Plan Hickman Place Virginia Beach, Virginia",dated October 1,2022,prepared by Finley Design,which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning&Community Development (hereinafter"Concept Plan"). 2. Proffer numbered 2 in the 2017 Amended Proffers is hereby deleted and replaced with the following"New Proffer#2": 2. When the Property is developed, the exterior of the retail shoppes shown on the Concept Plan shall be substantially similar in appearance to and shall utilize the external building materials as depicted on the ten (10) exhibits entitled "Conceptual Building 'Al' at Hickman Place" pages 1 and 2, dated October 4, 2022; "CONCEPTUAL ANCHOR at Hickman Place" pages 1 and 2, dated October 6, 2022; "Hickman Place Conceptual Perspective View 1"dated November 30,2016; "Hickman Place Conceptual Perspective View 2" dated November 30, 2016; "Hickman Place Conceptual Perspective View 3" dated September 15, 2022; "Hickman Place Conceptual Perspective View 4" dated November 30, 2013; "Hickman Place Conceptual Perspective View 5 House Parcel",dated November 1,2013;and"Hickman Place Conceptual Perspective View 6, View 7 and View 8" dated October 1, 2022, prepared by Finley Design, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning&Community Development (hereinafter "Elevations"). Any roof mounted mechanical equipment shall be screened from view. 3. Except as modified herein, the remaining unchanged proffered covenant, restriction and condition as set forth in the 2017 Amended Proffers and the remaining never modified proffered covenants,restrictions and conditions as set forth in the 2013 Proffers are PREPARED BY: U SYK£S.BOURDON. hereby ratified and affirmed. AHQ2N&LEVY.P.C. The above conditions,having been proffered,ratified and affirmed by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance,shall 3 continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee,after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent,and if not so recorded,said instrument shall be void. The Grantor covenants and agrees that: (1) The Zoning Administrator of the City of Virginia Beach,Virginia,shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority(a) to order, in writing,that any noncompliance with such conditions be remedied; and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions,the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions PREPARED BY: may be made readily available and accessible for public inspection in the office of the Zoning "SYIES.POURDON. Administrator and in the Planning Department,and they shall be recorded in the Clerk's Office EIN AII£RN&LEVY.P.C. of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the Grantor and the Grantee. 4 WITNESS the following signature and seal: Grantor: Hickman Shoppes, L.L.C., a Virginia limited liability company By: Central Drive Mini Storage, Incorporated, a Virginia corporation, its Manager By: (SEAL) ichael D. Sifen, Pre ' ent STATE OF VIRGINIA CITY OF VIRGINIA BEACH,to-wit: The foregoing instrument was acknowledged before me this 31st day of October, 2022, by Michael D. Sifen, President of Central Drive Mini Storage, Incorporated, a Virginia corporation, Manager of Hickman Shoppes, L.L.C., a Virginia limited liability company, Grantor. 4-Yt. - f )/7/7 c ✓ Notary Public , '��smor���` •,, ,, ACC •,, My Commission Expires: August 31, 2026 �•` Q`' oNW Q % Notary Registration Number:192628 al e-1(,► Ez Q 192628 )m! se • isOA, 4/ ''+ Any pV ••• Est all,11101 PREPARED BY: in SYKES.POURDON. Ill AHERN&LEVY.P.C. 5 EXHIBIT "A" ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, and the appurtenances thereunto belonging, situate, lying and being in the Princess Anne District of the City of Virginia Beach,Virginia, designated as PARCEL A GPIN #2414-17-2423- 0000 on that plat entitled,"RESUBDIVISION OF PROPERTY OWNED BY CENTRAL DRIVE MINI STORAGE, INCORPORATED (M.B. 166, Pg. 9, M.B. 229, Pg. 52, M.B. 248, Pg. 24) VIRGINIA BEACH, VIRGINIA", dated November 17, 2017, prepared by Site Improvements Associates, Inc.,as recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia, as Instrument Number 20180918000766580. GPIN: 2414-17-2423-0000 H:\AM\—Mod of Proffers\Hickman Shoppes\2nd Amendment to Proffers 10-31-2022.docx PREPARED BY: flSYKES.BOURDON. AH£RN&LEVY.P.C. 6 Virginia Beach Planning Commission December 14, 2022, Public Meeting Agenda Item # 6 Hickman Shoppes, LLC (Applicant & Property Owner) Modification of Proffers Address: 2216 General Booth Boulevard RECOMMENDED FOR APPROVAL—CONSENT Mr. Alcaraz: Alright, thank you. The next item on the consent is item #6 for Hickman Shoppes, LLC. Please come forward state your name. Mr. Bourdon: Again, for the record Eddie Bourdon, Virginia Beach Attorney representing the applicant. This is a Proffered Modification of Proffers, and I really want to thank Marchelle especially for her work on this application, because we've pushed her a little bit with some 11th hour changes if you have seen the markouts on your report, so appreciate being on the consent agenda. Mr. Alcaraz: Alright, thank you. Is there any opposition to this item being placed on the consent agenda? Mr. Alcaraz: Hearing none, I have asked Commissioner Horsley to please speak on this. Mr. Horsley: The applicant is seeking some Proffers to be changed from a Conditional Rezoning that took place in 2014 for this property. It was changed at that time from R-20 Residential to B-2 Community Business then and since then, it has been changed in 2017. It was some modifications made to increase the footprint, and basically the changes they're asking for now is to convert one building which on the plan is Building 2, Buildings A-1 and A-2, and Building A-1 would turn into a retail bank with a drive thru, Building 2 will remain as retail, and building foot increase in size from 2450 square feet to 3500 square feet, and the anchor store which is to be built in future will go from 45,000 some odd feet to over 49,000 feet, and then a 0.9 acre out parcel will be eliminated. So, these modifications we think are very reasonable, and the Staff was in favor, and we put them on our consent agenda. Thank you. Mr. Alcaraz: Thank you. Mr. Chair that was the last item for the consent agenda. The Planning Commission places the following applications on the consent agenda items#1, 3, 5, 6, 7, 8, 11, 12 & 13. Mr. Wall: Okay, thank you, Mr. Alcaraz. Alright, so that was not a motion, but so could you state that again as a motion? Mr. Alcaraz: Sure, I move that these items 1, 3, 5, 6, 7, 8, 11, 12 and 13 are approved for consent. Mr. Wall: Okay. Thank you. So we have a motion by Mr. Alcaraz. Do we have a second? Mr. Clemons: Second. Mr. Wall: Do we have any abstentions? An abstention by Mr. Frankenfield. Mr. Frankenfield: I am going to abstain pursuant to the Conflicts of Interests Act. I have a letter on file with the city attorney, and I have a previous business relationship with Sifen Associates, and will abstain from this vote. Mr. Wall: Okay, thank you. Mr. Tajan: Just to clarify that's for item #7 on the consent agenda. I'm sorry, item #six on the consent agenda that Mr. Frankenfield is abstaining from. It should be item#6 that he's abstaining from, not the whole consent agenda. Mr. Wall: Can you speak? I couldn't hear you. Mr. Tajan: I'm sorry. Mr. Frankenfield is abstaining from item#6 on the consent agenda. He's not abstaining on the whole consent agenda. Mr. Wall: Okay. Madam Clerk: Mr. Chairman, I noted a motion by Mr. Alcaraz, a second by Mr. Clemons. The vote is open. Mr. Frankenfield, can we get your vote please? By a vote of 10 in favor, 0 against, noting an abstention by Commissioner Frankenfield from agenda item #6, agenda items 1, 3, 5, 6, 7, 8, 11, 12, and 13 have all been recommended for approval. AYE 9 NAY 0 ABS 1 ABSENT 1 Alcaraz AYE _ Bradley AYE Clemons AYE Coston AYE Cuellar AYE Frankenfield ABSTAIN Horsley AYE Oliver ABSENT Redmond AYE Wall AYE Weiner AYE PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. Proffer 1: When the Property is developed, it shall be developed substantially as shown on the exhibit entitled, "Conceptual Layout Plan Hickman Place Virginia Beach, Virginia", dated October 1, 2022, prepared by Finley Design, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning & Community Development (hereinafter "Concept Plan"). Proffer 2: When the Property is developed, the exterior of the retail shoppes shown on the Concept Plan shall be substantially similar in appearance to and shall utilize the external building materials as depicted on the ten (10) exhibits entitled "Conceptual Building 'Al' at Hickman Place" pages 1 and 2, dated October 4, 2022; "CONCEPTUAL ANCHOR at Hickman Place" pages 1 and 2, dated October 6, 2022; "Hickman Place Conceptual Perspective View 1" dated November 30, 2016; "Hickman Place Conceptual Perspective View 2" dated November 30, 2016; "Hickman Place Conceptual Perspective View 3" dated September 15, 2022; "Hickman Place Conceptual Perspective View 4" dated November 30, 2013; "Hickman Place Conceptual Perspective View 5 House Parcel", dated November 1, 2013; and "Hickman Place Conceptual Perspective View 6, View 7 and View 8" dated October 1, 2022, prepared by Finley Design, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning & Community Development (hereinafter "Elevations"). Any roof mounted mechanical equipment shall be screened from view. Proffer 3: Except as modified herein, the remaining unchanged proffered covenant, restriction and condition as set forth in the 2017 Amended Proffers and the remaining never modified proffered covenants, restrictions and conditions as set forth in the 2013 Proffers are hereby ratified and affirmed. Staff Comments: Staff has reviewed the Proffers listed above and finds them acceptable. The City Attorney's Office has reviewed the agreement and found it to be legally sufficient and in acceptable legal form. Troutman Pepper Hamilton Sanders LLP troutmarl 222 Central Park Avenue, Suite 2000 Virginia Beach VA 23462 pepper troutman.com R.J. Nutter II rj.nutter@troutman.corn January 10, 2023 VIA E-MAIL Amanda Barnes, MMC City Clerk, City Hall Building 2401 Courthouse Drive, Suite 2116 Virginia Beach, VA 23456 Email: aBarnesAVBGov.com Re: Bonney's Corner Associates, LLP (2021-PCCC-0028)— Request for Deferral Dear Ms. Barnes: I represent Bonney's Corner Associates, LLP and our application is scheduled to be heard by City Council on Tuesday, January 17"'. We have held meetings with the Acredale Civic League and Lake James Civic League and have been able to respond positively to their questions and comments. Notwithstanding this outreach effort, it has come to my attention that others in the surrounding neighborhoods have raised some questions. In an effort to have additional outreach and after a consultation with Rocky Holcomb the district representative, I indicated that I would defer this application 'n order to reach out to additional parties. Therefore, I am requesting an indefinite deferral. Thank you for your assistance in this matter. Very truly yours, TROUTMAN PEPPER,HAMILTON SANDERS LLP `n.,I Nutter II Retired Partner cc: Mayor B. Dyer(via email) Rocky Holcomb (via email) Sabrina Wooten (via email) Hoa Dao (via email) Mike Berlucchi(via email) 139509305v1 • 1111 • '6 cmmow o CO__ LeT3 i; �] oI i - u_ o - Le) . 0 %.". rt i E. R_D_ ic,__E40,, ' Nr- ce c6 , 1 . , , f:3 11\C:3"ii 1=1 1 6:3 23 V..J , , Ell,, Ci) Lo AcredaIeR0 Ilw c). Ley--Lo--1 , it) _, e__1 0 o rm\ 1 Q . �0.‘ eCe 0 ''D � I� ` � % � Or r, o ! I( ‘ \ .C?\ . :] 6 it) ' ci ee Et- , 0\inrk% , it) 4 . - r- ‘—' 0 a/ '; o k '6'21,ce\ \ Lf)* 0 N r ro� o �� � " ,gym m N N Kem-p-svilleAlo---ad— p a c , N m o CO gl kL,F.;] nH li , JJ ci- p NI. \ "' c\---- 2, cc ' cl3 \\-,1' N N N N-` m-m' .(0 •— P' --CO \ ' N N,isP144,, N ftitt / / O � .< _ <1` 1` ! N / ca oC2�C 1 I CO/ 4 \ . 01 a f J�< <ti i C41%,... \ \ ji3N, i O 8 u- 6. jAit,/. G in hOcNi \ N \ ,; 0, ;,./).1 [::i 0\ ci,? 03 . COO_ CN -/ 0 c m :4 . o f O m° / c � � 4 IDDDp m m o n Oun 1 C4. D'' an i 1i g,i rr�Q oo N N 6 /0 0 0 !6_,;1 .0' 494v,t2 , , 0 c\ %/i,P _ cc, -Ni,/„v . I itco/c pc) b-c] ‘.. om . 6 po 54 il oS e,c) ' 0 1 0 0 4,4,co . Ce .i ----K T- >, P i -. /V0 r(700 /16-11) I. d-----ce . c ._ 0/ 0,-/ 0 a : / , Qo 0 ix w a _-'-- \ .(1), 2 g '5 W \ /a) /WI /e ' D9 / (c>1 �� \ -�,. rms>ow---- r) N ,N, tl'� m�� Q � v , r\\11A . rrSYs'«-•�i r• 4 L♦ r04 ; a.a1�T ct _dill CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: BONNEY'S CORNER ASSOCIATES, LLP [Applicant & Property Owner] Conditional Change of Zoning (B-2 Community Business to Conditional B- 4 Mixed Use) for the property located at 1385 Fordham Drive (GPIN 1465392458). COUNCIL DISTRICT 1, formerly Kempsville MEETING DATE: January 17, 2023 • Background: The applicant seeks to rezone a portion of the Kemps River Crossing Shopping Center from B-2 Community Business to Conditional B-4 Mixed Use District to develop a mixed-use community. The shopping center currently has a 56 percent vacancy rate. Approximately half of the existing shopping center will be demolished and replaced with five new buildings, including four apartment buildings with a maximum height of 50 feet and a single-story clubhouse building. The redeveloped site will add 322 market rate multi-family dwelling units, resulting density will be 15.51 units per acre. The proffered exterior building materials will have a mix of brick veneer, fiber cement siding, and architectural fiberglass shingles with metal accent features. Amenities may include an outdoor swimming pool, a clubhouse, pedestrian paths with benches, and a water fountain feature. While not proffered, the applicant estimates the type of available residential units as follows: Unit Types Number of Units Number of Bedrooms 1 Bedroom 120 120 2 Bedrooms 174 348 3 Bedrooms 28 84 Total 322 552 The Zoning Ordinance require 901 parking spaces for this mixed use development while 988 parking spaces are provided, exceeding the required parking by 87 spaces. A Phase I Environmental Site Assessment was completed and recommends a soil analysis be completed for the property. The applicant completed a soil test due to the potential impacts of a drycleaner business operating in an adjacent portion of the shopping center outside of this development site. The site has been entered into the Voluntary Remediation Program Manager with the Department of Bonney's Corner Associates, LLP Page 2 of 3 Environment Quality (DEQ). As a remediation, a vapor mitigation system may be designed during the construction of the apartments. ■ Considerations: While the applicant was encouraged to incorporate affordable housing component with the redevelopment and opted to only offer market rate housing, the Planning Commission recognizes the benefits to redeveloping this shopping center, where more than half of the available leasing space is vacant, into a vibrant mixed-use community. There were six speakers in opposition, one speaker in support, and one speaker expressing concerns at the Planning Commission public hearing. The focal point of opposition, along with an online petition of opposition is related to traffic congestion. The applicant provided a Traffic Impact Memorandum that shows the redevelopment of the shopping center will reduce traffic impacts in this area. Staff agrees with the conclusion of the Memorandum which states a Traffic Impact Study is not warranted for this project as the proposed development will generate less traffic than the shopping center and the established roadway network and access points can accommodate the proposed development. The memorandum shows the proposed development will reduce the trip generation by 5 percent during the AM peaks and 42 percent during the PM peaks when compared to the existing by-right commercial uses on-site. It should be noted that the Memorandum data is based on the assumption of the shopping center is fully occupied as the property is zoned B-2 Community Business District and retail uses would be permitted as a matter of right. The opposition also noted concerns related to stormwater runoff. Between the existing paving and structures, the site is currently entirely impervious. The applicant proposes to add greenspaces which will reduce the impervious cover on the site, thereby meeting the stormwater quantity requirements. According to the applicant, stormwater quality requirements will be meet by utilizing manufactured filtering devices where possible and through the purchase of off-site nutrients credits. There is also a planned City's project(CIP 100161.007) that would improve the water quality in this area. This includes the installation of an underground treatment system that the intersection of Fordham Drive and Center Lane that would remove both trash and sediments before flowing to local waterway. Final design and details of the stormwater system will be completed during site plan submittal to ensure compliance with all applicable stormwater regulations. To address stormwater concerns that were brought up during the Planning Commission public hearing, the applicant submitted a revised set of proffers to include an additional proffer stating that this development would not utilizing the purchase off site nutrient credits to meet the stormwater requirements. The Staff Report has been updated with underline and strikethrough to reflect this change. Information provided by the Virginia Beach City Public Schools Staff indicates that the anticipated number of students with the added residential development will be within an acceptable threshold for increases in student population. Bonney's Corner Associates, LLP Page 3of3 Further details pertaining to the application, as well as Staffs evaluation, are provided in the attached Staff Report. • Recommendation: On December 14, 2022, the Planning Commission passed a motion to recommend approval of this request by a vote of 9 to 1. • Attachments: Staff Report and Disclosure Statements Location Map Proffer Agreement Minutes of Planning Commission Hearing Letter of Support (1) Online Petition of Opposition (Link Only - https://www.change.org/p/delay- approval-for-kemps -river-shopping-center-re-zoning) Kemps River Crossing Water Quality Improvement - CIP 100161.007 Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department */7 City Manager:gip 111\041B Applicant & Property Owner Bonney's Corner Associates, LLP Agenda Item Planning Commission Public Hearing December 14, 2022 City Council District 1, formerly Kempsville 2 Virginia Beach Request Conditional Rezoning (B-2 Community Business to Conditional B-4 Mixed Use) rwr_ll 1 %Arai._Staff Recommendation /Approval "` ' -* Staff Planner . iPit• c ' -1- Hoa N. Dao Q ti > a D ° � c Location a`. r 1385 Fordham Drive rf s a Q GPIN1il WessZ.1465392458 eeivo�.x~ .� t' aktill �,,,o, " Site Size L 'lb 20.76 acres S, 'N'111011 AICUZ 0eso`a • Less than65dBDNL �e"z.0�\e‘a ii '� y r Watershed y , , Chesapeake Bay Existing Land Use and Zoning District Shopping Center/ B-2 Community Business AnnArborL r Surrounding Land Uses and Zoning Districts ..- }. , , "'`'sada a G', •?o �``.P North ` o A z ".,' 4 ' ...//rfitiik Kempsriver Drive/Fordham Drive v Mixed retail/ B-2 Community Business South `, o ' . r �. a Fordham Drive/ Indian River Road ,, 3 ! ••4 ;` "rt'' ... Mixed retail/ B-2 Community Business >�a'{R,,, 4 �' � - r • d0 c r x ct East � „. , Pl,in,, . ' f Fordham Drive Mixed retail/ B-2 Community Business ' �` ..•' fiy' ;• `" West rx .,...-,:if ._��. . _ > �• • Kempsriver Drive t. , e"d P .,,.! 4Ifi, `' F -it, . , - r Mixed retail/ B-2 Community Business S. v" Y . . -,- .-4 '64. 4,...1 --.....--.,,•,'0 -ir/f-iiii., ,,,, .._.--fz -, Bonney's Corner Associates, LLP Agenda Item 2 Page 1 Background & Summary of Proposal • The applicant seeks to rezone a 20.76-acre site from B-2 Community Business to Conditional B-4 Mixed Use District in order to redevelop a portion of the Kemps River Crossing Shopping Center into a mixed-use development. The redeveloped site will add 322 market rate multi-family dwelling units and a 3,900 square foot community clubhouse with an outdoor pool.The resulting density will be 15.51 units per acre. 81,150 square feet of existing retail space will remain. • Approximately half of the existing shopping center will be demolished and replaced with five new buildings, including four apartment buildings with a maximum height of 50 feet and a single-story clubhouse building. • The proffered exterior building materials will have a mix of brick veneer,fiber cement siding, and architectural fiberglass shingles with metal accent features. • While not proffered,the applicant estimates the type of available residential units as follows: Unit Types Number of Units Number of Bedrooms 1 Bedroom 120 120 2 Bedrooms 174 348 3 Bedrooms 28 84 Total 322 552 • The Conceptual Site Plan shows 1002 parking spaces will be provided,while 922 parking spaces are required by the Zoning Ordinance. Proposed Use Parking Requirement Number of Parking Spaces • 81,150 SF Shopping Center 1 per 250 SF 325 • 322 Multi-Family Dwellings 2 for the first 50 units 576 1.75 for each additional unit after Total Parking Required 901 Total Parking Provided 988 • Amenities may include an outdoor swimming pool, a clubhouse, pedestrian paths with benches, and a water fountain feature. • No changes to the existing access points from Kempsriver Road and Fordham Drive are proposed. • The proffered plan also depicts required streetscape and interior parking lot plantings. Additional details regarding the landscape plan will be reviewed during the final site plan submission. • According to the applicant,the shopping center currently has a 56 percent vacancy rate. • The proffered concept site layout depicts 10-foot and 40-foot strips of land to be dedicated to the City for future expansion of the existing pump station on Fordham Drive. • A Phase I Environmental Site Assessment was completed and recommends a soil analysis be completed for the property. The applicant completed a soil test due to the potential impacts of a drycleaner business operating in an adjacent portion of the Shopping Center outside of the development site since 1985. Bonney's Corner Associates, LLP Agenda Item 2 Page 2 ,04 _' n C^� !.. •E 11 VrCT .ems-., Gst., 14 .pIOW ,...Tes��,, Zoning History ,_EAU a• �Rtrt7..1. $ , A - .w� i,(gm,• �iip% . . ""wrs•.ir• i Ito,,. • 1,, # Request Gt � w Y� � �� y -g j �7 • �� tt i CUP(Assembly Use)Approved 01/04/2022 �V � d 2 CUP(Indoor Recreation Facilit )A roved 10/15/2019 Ili?lilt $ o Y PPp j • ___- 3 CUP(Automobile Service Station)Approved 03/03/2015 / 2 •`°• 4 MDC��� � o _ Use)Approved 06/12/2012 /����� a Q CUP(Indoor Recreation Facility)Approved 09 28 2010 , ) e,, �� pP / / 114 4 t .„, 4 ����� CUP(Automobile Re air)A roved 08/11/1993 arm�i 1 � ♦° Cif r P Approved 10111111110 rr ♦ �/ . , , � • � j _ �.�� ;I 5 CRZ(R-5D to Conditional R-5D& B-2)Approved �: a �• i 12/14/2010 c ,: rJ� �/�� WO 6 CRZ(R-15 to Conditional 0-1)Approved 11/10/2009 1.3 .. it" `�! .� ,4.\,_ Q � /� b 7 CRZ(0-2 to Conditional B-1)Approved 12/11/2007 44L.. 00 Li 1 �(I it �: (Religious Use)Approved / �,►� �_ �.���'�•j CUP Reli ious A roved 12 02/2003 -t��` , )' v. V- • "" 8 CUP(Religious Use)Approved 08/24/2004 ` • ' . i"a 4,I ilk*1 9 SVR(Lot Area)Approved 02/08/2000 Application Types CUP—Conditional Use Permit MDC—Modification of Conditions STC—Street Closure SVR—Subdivision Variance REZ—Rezoning MDP—Modification of Proffers FVR—Floodplain Variance LUP—Land Use Plan CRZ—Conditional Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental Evaluation & Recommendation The proposal to rezone and redevelop the Kemps River Crossing Shopping Center into a mixed-use development, in Staff's opinion, is acceptable. The Comprehensive Plan supports enhancement of existing commercial centers through means of innovative products, services, and design. The proposal provides mixed-use opportunities,and in Staff's opinion, preserves the quality and character of the neighborhood while providing convenience services for the community and residents within the development. Given that the area is surrounded by commercial uses, creating a diverse mixed-development will help to support the retail uses being maintained, and would comply with the Comprehensive Plan recommendation. Impacts to surrounding residential uses is limited as this portion of the shopping center is surrounded by commercial uses. The applicant was encouraged to incorporate affordable housing component with the redevelopment and opted to only offer market rate housing. Staff recognizes the benefits to redeveloping this shopping center,where more than half of the available leasing space is vacant, into a vibrant mixed-use community. The proposal will also reduce traffic impacts in this area.The applicant provided a Traffic Impact Memorandum for review. Staff agrees with the conclusion of the memorandum which states a Traffic Impact Study is not warranted for this project as the proposed development will generate less traffic than the shopping center and the established roadway network and access points can accommodate the proposed development.The memorandum shows the proposed development will reduce the trip generation by 5 percent during the AM peaks and 42 percent during the PM peaks when compared to the existing by- right commercial uses on-site. A Soil Test was completed for the site and yielded low level of solvents from an adjacent drycleaning business that operated nearby since 1985. The site has been entered into the Voluntary Remediation Program Manager with the Department of Environment Quality (DEQ). As a remediation, a vapor mitigation system may be designed during the construction of the apartments.The applicant and environmental consultant will continue to coordinate with DEQ to ensure any contaminant found on the site will be properly mitigated as required by state and federal regulations. Between the existing paving and structures,the site is currently entirely impervious.The proposed development,with the added greenspaces will reduce the impervious cover on the site,thereby meeting the stormwater quantity requirements. According to the applicant, stormwater quality requirements will be meet by utilizing manufactured Bonney's Corner Associates, LLP Agenda Item 2 Page 3 filtering devices where possible and through the purchase of off site nutrients credits. Final design and details of the stormwater system will be completed during site plan submittal to ensure compliance with all applicable stormwater regulations. Information provided by the Virginia Beach City Public Schools Staff indicates that the anticipated number of students with the added residential development will be within an acceptable threshold for increases in student population. Based on the considerations described, Staff recommends approval of the rezoning application with the proffers listed below. Proffers The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA).The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved,the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. Proffer 1: The redevelopment of this portion of Kemps River Shopping Center will be responsive to the changing needs of the retail and small office markets. Two areas of the shopping center may be redeveloped for multi-family purposes and if developed for multi-family purposes,the location, design, materials, amenities, and unit count shall be substantially as set forth in these proffers. Any substantial change to the exhibits relating to the multi-family use of the Property set forth in this application shall require an amendment to the proffers. Continued use of the Property for retail and other permitted uses in the B-4 district shall not require an amendment to this plan, albeit subject to site plan approval as required by law. Proffer 2: When developed for multi-family purposes, the Property shall be developed in substantial conformity with the exhibit prepared by Cox, Kliewer & Company, P.C., entitled "Conceptual Site Plan for New Mixed Use Development The Promenade at Kemps River Crossing", Scheme 24 dated October 20, 2022, (the "Conceptual Site Plan"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. Proffer 3: The Conceptual Site Plan provides for an Area to be Dedicated to the City for Future Pump Station Expansion, provided any relocation of utilities for the benefit of Grantor to an area outside the dedicated area are presented to the Grantor in advance,are fully accommodated,do not interfere with the development, and are relocated by Grantee at Grantee's sole expense. Proffer 4: The quality of architectural design and materials of the multifamily residential buildings constructed on the Property, when developed, shall be in substantial conformity with the exhibit prepared by Cox, Kliewer& Company, P.C., entitled "Conceptual Elevation—revised3 The Promenade at Kemps River Crossing" dated October 20, 2022 (the"Elevations"), a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. The accent color chosen based on final branding shall be subject to the review and approval of the Director of Planning& Community Development; approval shall not be unreasonably withheld. Bonney's Corner Associates, LLP Agenda Item 2 Page 4 Proffer 5: The quality of architectural design and materials of the Clubhouse for the multi-family residential buildings, when developed on the Property, shall be in substantial conformity with the exhibit prepared by Cox, Kliewer& Company, P.C., entitled "Conceptual Clubhouse Elevations The Promenade at Kemps River Crossing", dated September 16, 2022 (the "Clubhouse")"),a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. Proffer 6: The number of multi-family residential units located on the Property, when developed, shall not exceed a total of three hundred twenty-two (322). Proffer 7: Landscaping installed on the property, when developed shall meet applicable City Code requirements as segments of the property are redeveloped and they shall be located in substantial conformity with the conceptual site plan referenced above which has been reviewed by the City Council and is on file with the Virginia Beach Planning Department. Proffer 8: The free-standing signs for the apartments shall be located where shown on the site plan. They shall be monument-style and shall not exceed a height of eight(8)feet. The proposed signs shall conform with the Zoning Ordinance. The materials, design and color pallets of the free-standing signs shall match those of the architecture,and color pallet of the apartments. Proffer 9 (added post Planning Commission): When and as developed as shown on the Conceptual Site Plan, Grantor will not use off site nutrient credits to meet any stormwater pollution reduction quality requirements otherwise required by state and local regulations. Proffer 0 10: Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. Staff Comments: Staff has reviewed the Proffers listed above and finds them acceptable.The City Attorney's Office has reviewed the agreement and found it to be legally sufficient and in acceptable legal form. Comprehensive Plan Recommendations The Comprehensive Plan recognizes this property as being within the "Suburban Area." Guiding principles have been established in the Comprehensive Plan to guard against possible threats to the stability of the Suburban Area and to provide a frame work for neighbors and places that are increasingly vibrant and distinctive. The Plan's primary guiding principle for the Suburban Area is to create "Great Neighborhoods," and to support those neighborhoods with complementary non-residential uses in such a way that working together the stability and sustainability of the Suburban Area is ensured for now and in the future. 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, as it is developed with a shopping center and asphalt parking lot. Bonney's Corner Associates, LLP Agenda Item 2 Page 5 Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Kempsriver Drive 7,300 ADT1 20,700 ADT 1(LOS°"D") Existing Land Use 2—10,292 ADT Proposed Land Use 3—6,565 ADT Fordham Drive Traffic Counts Not Available 1 Average Daily Trips 2 as defined by the existing 3 as defined by the proposed 4 LOS=Level of Service shopping center mixed-use with 81,150 SF of retail space and 322 multi-family units Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Both Kempsriver Drive and Fordham Drive are in the vicinity of this site. Kempsriver Drive is considered a four-lane divided collector street and Fordham Drive is considered a two-lane undivided local street. There are no CIP slated for these portions of the roadways. Public Utility Impacts Water The site is connected to City water. There is an existing eight-inch city water main along Kempsriver Drive and Fordham Drive. Existing water lines may need to be upgraded to accommodate the proposed development and a separate domestic water meter from the commercial uses is required. Sewer The site is connected to City sanitary sewer.There is an existing eight-inch city gravity sanitary sewer along Kempsriver Drive and Fordham Drive, and an eight-inch city sanitary sewer force main at the intersection of Fordham Drive and Center Lane. School Impacts School Current Enrollment Capacity Generation 1 Change 2 Kempsville Elementary 436 students 522 students 29 students 29 students Kempsville Middle 783 students 847 students 11 students 11 students Tallwood High 1,827 students 2,116 students 13 students 13 students 1"Generation"represents the number of students that the development will add to the school. "change"represents the difference between the number of potential or actual students generated under the existing zoning and the number generated under the proposed zoning. The number can be positive(additional students)or negative(fewer students). Public Outreach Information Planning Commission • One letter of support and an online petition of opposition (1,762 signatures as of 12.29.2022) have been received by Staff noting concerns related to traffic congestion, impact to schools, and decrease of property value. Bonney's Corner Associates, LLP Agenda Item 2 Page 6 • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on November 14, 2022. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, November 27, 2022 and December 4, 2022. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on November 28, 2022. • 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 December 8, 2022. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,January 1, 2023 and January 8, 2023. • 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 January 2, 2023 • 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 January 13, 2023. Bonney's Corner Associates, LLP Agenda Item 2 Page 7 Proposed Site Layout DRNE A0 lit ILI WAL XF LAJW SO 4?l .90 8nnne/s Corner Associates, LLP Agenda Item 2 Page Proposed Elevation Plan - Apartment .4... b _iTa -. ,, . i PIP=171 li i • ; — — F " 1 u 0 ••, 1 im .f_ 4:ll ---0 . ..._0 .... .. ., ... < 411 Li' E ii '• _ Ili ISIS - I_c_..-_, I: 7, AIE-=11; ...r..,....„. '.' Iii;. .1-, • _. , A A F. '•F! F. I At'Z :,-• — 11= ti :,...,„ 1 il -i- . =. .1 -.-.1[.. .. : II an o ..........41 a o•• I'EU I iii :s• E -. — is. .1 ix, Li- .- - . .,,,,,a..„ ... ... .::.• =a E IT o ' _ ti . .:--7.7 me I ...• --m, A z :-._;.--:-:; H = • 8 .... 8 0 .,_ . _._ --..-....., ; .-1 i : - •1 z. ;Fa, I • _! tEi i ! !.i.i § II. . 1. . ; , : 11 ii i 0- .... - 1 RiiiiTi 1111111111 ._„., . .1._.. .• I. :- . .0 .:.. . -.- .. • •- :• I. .... . .. :. :.. :-.. — -- 71 D • _ - :• :=N :=. III... ....-- ,,. _,,;. Ell I CI I # r a • mull pro a 1. al =io „to.7... mo /-41 io.1 E ra 41,1 -_='14111 . ..... E...I- :: . .. NM (LIS ii Ws - • - : _ 7 , ,..1 ...... ,.., - ,.... 41 4 4 1 , , ,7.E 1 17 . 11. Uld (A /-"" I eio 8 OM oe aim 0 1:1 I 111:11.0:1 1: Hel u9 Z H 1 a. (I) NM a 0 ' . . • ';e- Il• 'al LillE 1 L-", -------9, 0 -- . .-1- 0 117:111 -2 i Ili • 5 ., < i• : i: . , ,,,, 1 - __1 71 • C.) . 0 -1 1:1 CI • 0 0 Bonney's Corner Associates, LLP Agenda Item 2 Page 9 Proposed Elevation Plan - Clubhouse i■■ o lai a . � 0 Mom:'. , ■_U , ■ •8 i; a 111 g - z 1 I ! Q II° i mili I 1 > LL/ -- a r.,- I I lir L-- i w 3\ 1 , ; ., t'1 !! - .L a .... _ . , ■■ri■ z•-. :• 0 , ��■; z 0 W II m m U U /fp - qt i 1 riti I ' • -; ■au ■ M. I II P r ill .110', E gin ■ O Q m a: i G { Z Jur Z Q i Q ,,t!! w ■j W w O Z LI< H w U U o H 0 '''"I,ll---- m U UJ Bonney's Corner Associates, LLP Agenda Item 2 Page 10 Site Photos r� -,,, ft :. ,,_ _.‘ it , .. . . . .,_ , , , vi - . .„. - .. _ _ . ...., : , A. .:. Ili, i .. _ , �a P s ss > #,tp, "tea v. Bonney's Corner Associates, LLP Agenda Item 2 Page 11 Site Photos • • • Bonney's Corner Associates, LLP Agenda Item 2 Page 12 Disclosure Statement Disclosure Statement fir•„._ -- 6.1= P ann'` The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board,commission or other body. Applicant Disclosure Applicant Name Bonney's Corner Associates,L.L.P.a Virginia Limited Liability Partnership Does the applicant have a representative? P Yes ❑No • If yes,list the name of the representative RJ Nutter,Troutman Pepper Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?i♦Yes ❑No • ti yes,list the names of a officers,directors,members,trustees,etc.below. (Attach a list if necessary) 'See attached • 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,(Oa 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 Bonney's Corner Associates, LLP Agenda Item 2 Page 13 Disclosure Statement irDisclosure Statement \B *'�grYcr:tic±�x.t 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?0 Yes U 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. No lender currently being considered 2. Does the applicant have a real estate broker/agent/reactor 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 MI 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?l Yes ❑ No • If yes,identify the firm and Individual providing the service. Cox Kliewer,Herb Shartle 5. Is there any other pending or proposed purchaser of the subject property?❑Yes ■ No • If yes,identify the purchaser and purchasers service providers. 2I , k Bonney's Corner Associates, LLP Agenda Item 2 Page 14 Disclosure Statement Disclosure Statement Planning&Community Development 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?❑Yes II No • If yes,identify the company and individual providing the service. 7 Does the applicant have an engineer/surveyor/agent connection with the subject of the application or any business operating or to be operated on the property?in Yes ❑No • If yes,identify the firm and individual providing the service. Kimley-Horn Associates,Jeremy Yee,Engineer 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?I Yes 0 No • If yes,identify the firm and individual providing the service. 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 cf 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 i 'on. Apia leant Signature Bonney's Corner Associates,LLP.a Virginia Limited Liability Partnership Print Name and Title Lawrence Fleder agent for Trustee of the Fleder Family Trust 1976 Oahe AuW3 2022 Is the applicant ebothe owner of the subject property? ■Yes D 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 0 No thantes as of Data 2023.01.03 sitnature Print Name Hoa N.Dao Revised 11 09.2020 3 I • Bonney's Corner Associates, LLP Agenda Item 2 Page 15 Disclosure Statement troutmaril' pepper Attachment-List of Members The Caplan Family Trust 1976,Joseph L. Hecht, Trustee Hecht Family 1976 Trust Partnership, Stephen R. Caplan. Manager The Fleder Family Trust 1976,Allan G. Donn, Trustee Karen G.Jaffe Exempt M Trust, Karen G.Jaffe, Trustee Karen G. Jaffe Non-Exempt M Trust, Karen G. Jaffe, Trustee Karen G. Jaffe Trust,dtd 02/21/2003 Karen G. Jaffe, Trustee Nathan E. Jaffe Trust dtd Restated 3/5/09), Nathan E. Jaffe, Trustee Harvey Lindsay&Company 112958212 Bonney's Corner Associates, LLP Agenda Item 2 Page 16 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • 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. Bonney's Corner Associates, LLP Agenda Item 2 Page 17 Prepared by: RJ Nutter II,Esq.(VSB No. 17774) Troutman Pepper LLP 222 Central Park Avenue,Suite 2000 Virginia Beach,Virginia 23462 PROFFER AGREEMENT THIS AGREEMENT (this "Agreement"), made this 3rd day of January, 2023, by and between BONNEY'S CORNER ASSOCIATES,L.L.P., a Virginia limited liability partnership (to be indexed as "Grantor", here and after will be referred to as Grantor); and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (hereinafter referred to as the"Grantee", and to be indexed as grantee). WITNESSETH: WHEREAS, Grantor is the current owner of that certain parcel located in the City of Virginia Beach,Virginia,identified by Tax Map Number 1465-39-2458-0000,as more particularly described in Exhibit A attached hereto and incorporated herein by reference(the"Property"); and WHEREAS,Grantor has initiated an amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee, so as to change the classification of the Property from B-2 to Conditional B-4; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes, including mixed-use purposes, through zoning and other land development legislation; and WHEREAS, Grantor acknowledges that competing and sometimes incompatible uses conflict, and that in order to permit differing uses on and in the area of the subject Property and at the same time to recognize the effects of the change and the need for various types of uses,certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned Conditional B-4 are needed to cope with the situation to which the Grantors' rezoning application gives rise; and WHEREAS, Grantor has voluntarily proffered in writing in advance of and prior to the public hearing before the Grantee, as part of the proposed conditional amendment to the Zoning Map, in addition to the regulations provided for in the existing B-4 zoning district by the existing City's Zoning Ordinance (CZO), the following reasonable conditions related to the physical development, operation and use of the Property to be adopted as a part of said amendment to the new Zoning Map relative to the Property, all of which have a reasonable relation to the rezoning and the need for which is generated by the rezoning; and GPIN: 1465-39-2458-0000 WHEREAS, said conditions having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, such conditions shall continue in full force and effect until a subsequent amendment changes the zoning on the Property covered by such conditions; provided, however, that such conditions shall continue despite a subsequent amendment if the subsequent amendment is part of the comprehensive implementation of a new or substantially revised zoning ordinance, unless, notwithstanding the foregoing, these conditions are amended or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and executed by the record owner of the subject Property at the time of recordation of such instrument; provided, further, that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of the ordinance or resolution adopted by the governing body of the Grantee,after a public hearing before the Grantee advertised pursuant to the provisions of the Code of Virginia, Section 15.2-2204, which said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent. NOW THEREFORE,the Grantor,for themselves,their successors,assigns,grantees,and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion of quid pro quo for zoning, rezoning, site plan, building permit or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation and use of the Property and hereby covenants and agrees that these proffers(collectively, the "Proffers") shall constitute covenants running with the said Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor,its heirs, personal representatives, assigns, grantees and other successors in interest or title,namely: 1. The redevelopment of this portion of Kemps River Shopping Center will be responsive to the changing needs of the retail and small office markets. Two areas of the shopping center may be redeveloped for multi-family purposes and if developed for multi-family purposes, the location, design, materials, amenities, and unit count shall be substantially as set forth in these proffers. Any substantial change to the exhibits relating to the multi-family use of the Property set forth in this application shall require an amendment to the proffers. Continued use of the Property for retail and other permitted uses in the B-4 district shall not require an amendment to this plan, albeit subject to site plan approval as required by law. 2. When developed for multi-family purposes, the Property shall be developed in substantial conformity with the exhibit prepared by Cox, Kliewer & Company, P.C., entitled "Conceptual Site Plan for New Mixed Use Development The Promenade at Kemps River Crossing", Scheme 24 dated October 20, 2022, (the "Conceptual Site Plan"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 3. The Conceptual Site Plan provides for an Area to be Dedicated to the City for Future Pump Station Expansion,provided any relocation of utilities for the benefit of Grantor to an area outside the dedicated area are presented to the Grantor in advance,are fully accommodated, 2 GPIN: 1465-39-2458-000 do not interfere with the development, and are relocated by Grantee at Grantee's sole expense. 4. The quality of architectural design and materials of the multifamily residential buildings constructed on the Property, when developed, shall be in substantial conformity with the exhibit prepared by Cox, Kliewer & Company, P.C., entitled "Conceptual Elevation — revised3 The Promenade at Kemps River Crossing" dated October 20, 2022 (the "Elevations"), a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. The accent color chosen based on final branding shall be subject to the review and approval of the Director of Planning & Community Development; approval shall not be unreasonably withheld. 5. The quality of architectural design and materials of the Clubhouse for the multi-family residential buildings, when developed on the Property, shall be in substantial conformity with the exhibit prepared by Cox, Kliewer & Company, P.C., entitled "Conceptual Clubhouse Elevations The Promenade at Kemps River Crossing", dated September 16, 2022 (the"Clubhouse") "), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 6. The number of multi-family residential units located on the Property, when developed, shall not exceed a total of three hundred twenty-two (322). 7. Landscaping installed on the property, when developed shall meet applicable City Code requirements as segments of the property are redeveloped and they shall be located in substantial conformity with the conceptual site plan referenced above which has been reviewed by the City Council and is on file with the Virginia Beach Planning Department. 8. The free-standing signs for the apartments shall be located where shown on the site plan. They shall be monument-style and shall not exceed a height of eight(8)feet. The proposed signs shall conform with the Zoning Ordinance. The materials, design and color pallets of the free-standing signs shall match those of the architecture, and color pallet of the apartments. 9. When and as developed as shown on the Conceptual Site Plan,Grantor will not use off site nutrient credits to meet any stormwater pollution reduction quality requirements otherwise required by state and local regulations. 10. Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. 3 GPIN: 1465-39-2458-000 • All references hereinabove to zoning districts and to regulations applicable thereto, refer to the City Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date the conditional zoning amendment is approved by the Grantee. The Grantor covenants and agrees that(1)the Zoning Administrator of the City of Virginia Beach, Virginia shall be vested with all necessary authority on behalf of the governing body of the City of Virginia Beach, Virginia to administer and enforce the foregoing conditions, including (i) the ordering in writing of the remedying of any noncompliance with such conditions, and (ii) the bringing of legal action or suit to ensure compliance with such conditions,including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings; (2) the failure to meet all conditions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) if aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the City Code, the CZO or this Agreement,the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and(4)the Zoning Map shall show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the subject Property on the map and that the ordinance and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Department of Planning and that they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and indexed in the name of the Grantors and Grantee. [INTENTIONALLY LEFT BLANK SIGNATURE PAGE TO IMMEDIATELY FOLLOW] 4 GPIN: 1465-39-2458-000 IN WITNESS WHEREOF, the undersigned Grantor executes this Agreement as of the date first written above. GRANTOR: BONNEY'S CORNER ASSOCIATES, LLP, a Virginia Limited Liability Partnership By: CYC(4\- Nam : Lawrence E. Fleder Title: Agent for Trustee under Delegation to Agent dated February 25, 2015 By: 0-- J �=- Na Can Title: anager of Hecht Family 1976 Trust Partnership STATE/COMMONWEALTH OF V t R ;•c;,( r CITY/COUNTY OF d ;6.04 Ac-N ,to-wit: The foregoing instrument was sworn to and acknowledged before me this 3rd day of January, 2023, by Lawrence Fleder, Agent for Trustee under Delegation to Agent dated February 25, 2015, and yes ,e.c Caplan, Manager of Hecht Family 1976 Trust Partnership, in their capacity as designated gents for Bonney's Corner Associates, LLP, a Virginia limited liability partnership. They are personally known to me. Witness my hand and official stamp or seal this 3'I day of January, 2023. -M06 Notary Public (SEAL) M Commission Expires: 1 \ 3t\ ZO2S Y P \\�� <<<� Registration Number: o9\3 <c �� S �., 14:4) 5 • . GP1N: 1465-39-2458-000 `\ EXHIBIT A LEGAL DESCRIPTION: All THAT certain lot, piece or parcel of land, located, situate and being in the City of Virginia Beach, Virginia and being known, numbered and designated as PARCEL '5' AREA = 20.763 ACRES, as shown on the plat entitled, "SUBDIVISION OF PROPERTY FOR BONNEY'S CORNER ASSOCIATES AND KEMP RIVER CORNER ASSOCIATES, KEMPSVILLE BOROUGH,VIRGINIA BEACH,VIRGINIA',prepared by Talbot&Associates,Ltd.,which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 176 at page 31. 6 GPIN: 1465-39-2458-000 Virginia Beach Planning Commission December 14, 2022, Public Meeting Agenda Item # 2 Bonney's Corner Associates, LLP (Applicant & Property Owner) Conditional Rezoning (B-2 Community Business District to Conditional B-4 Mixed Use District) Address: 1385 Fordham Drive RECOMMENDED FOR APPROVAL— HEARD Mr. Wall: Okay, thank you. If you have an application that was on the consent agenda, your request will now be scheduled for an upcoming city council meeting. Staff will contact you about the dates. For those applicants on the consent agenda, thank you for your participation, and you can remain in the meeting either virtually or in person, but you're free to leave. The next order of business is the regular agenda. Madam Clerk, we're ready for the first item. Madam Clerk: Thank you, Mr. Chairman. Agenda item #2 Bonney's Corner Associates, LLP. It's an application for a Conditional Rezoning B-2 Community Business District to a Conditional B-4 Mixed Use District at 1385 Fordham Drive in Council District 1, formerly the Kempsville District. Mr. Nutter: Thank you, Mr. Chairman. It's a pleasure to be here. My name is RJ Nutter. I'm attorney representing the applicant Bonney's Corner Associates. First, let me thank the staff who did an awful lot of work on this application. Dealt with Hoa, asked more questions than there are pages to his report, but that always works out in everyone's benefit because you get the facts out right away. I've represented this client for a number of years, and this is a 1970s version shopping center, and its zoned B-2, the interior portion is just over 20 acres as he indicated to you, and the problem they've been facing is the same problem that's been facing many large retail centers across the country, and in particular in this Hampton Roads area. The larger box locations on this facility had been vacant now for several years to a point where it not only impacted the loss of revenue from those players, but it was also affecting the bottom line of every one of the single remaining mom and pop shops. They'd lost the people that had directed the traffic to their center. So, after they started losing some of those, we started meeting with city leaders about how to deal with this as it was an issue that was coming forth to the country of all about the same time in 2019, 2020. With the advent of Amazon and other retailers of that nature, shops like this, were having considerable trouble. So, at that time, we actually met with the mayor, and we met within the district, Representative Jessica Abbott. We met with the then Planning Commission representative for that area, Mr. Weiner. We met with Mrs. Wooten who represents the adjacent area, and it worked through all of that with them, and they all understood the problem, and all wanted to be supportive how we move forward with this application. With that in mind, we then filed an application with the city almost two years ago, that application went through a wide variety of staff review, and we put it on hold for a while because there was some possibility of city putting some uses in the property, we put it on hold, none of those uses came to fruition, and the situation at the center has gotten worse. We were at that point about 40% vacant, we're now over 57. In fact, the number I have is 57%. I'm not going to quibble with Ross 46%- 56%, but it's a considerable problem, and so that presents, how do you then preserve this center from going further down the tubes. We then in addition to that, we're working with staff, we then started a program of outreach to the various departments and other agencies that would have an impact here. Those being the traffic department, those being storm water, all of those agencies we tried to reach out to make sure we understood their issues. Now, I will tell you that we're happy to have staff recommendation of approval, it did not come lightly,they went through every issue you can think of, and we've also, the benefits of that issue, we maintain a traffic level for people inside the center. Now all of a sudden, the people who live in these apartment complexes can go directly to the retail shops directly there, and the nice part about that and this is not reflected in the traffic report all the way. The nice part about that is that that's going to reduce traffic impact even further and drive up the ability of the small shops to stay in business. The traffic report we did do, assume that it was a freestanding multifamily project, independent of this of a shopping center. So, they would assume that everyone lived in that shopping complex would drive off site, to retail shops, to restaurants, to the movie theaters, all the features to which they can walk inside the center. In fact, it's really just taking this old shopping center, and making a mixed use center, like we're used to seeing more and more frequently throughout your application process. So, the benefit of this application is not just to the centers owners and their tenants of that center, but it also stopped the decline of the center, which was a major factor when we met with the Acredale Civic League, which is a large Civic League. David knows very well. This is just to the north of this site, and with well over 600 homes, and they were there to express exact same concern what happens if we don't do something like this? So, we're happy to have Mr. Noles letter in support, and met with our Civic League executive committee. Rocky Holcomb attended that meeting. David unfortunately had a conflict that evening, couldn't attend, but I did want to let you know that. The other benefits in addition to the tenant preservation and holding on to the shopping center, this actually reduces traffic from what that would be if it were developed in a commercial manner. David said during the internal meeting earlier today, he was there when the shopping center was fully operational and knows the impacts of it. This will actually reduce the traffic on that situation. In addition to that we've introduced a large amount of landscaping and open space on the site. Currently, there's this is 100% impervious cover, 100%. Today, we are introducing a reduction of almost two acres of that area, putting it into green space, walkways, park areas, and perimeter landscaping, none of which really exists on the site today. As you can see from the exhibit that is all around me, as a matter of fact, I just noticed that the only way I can see it is by the way is the fact we've introduced a really cool features through the center, which I want to thank Hoa for it was his idea to come up with a walkway through the center to connect the two areas of the of the multifamily. So that's been a really nice addition to this, in addition to all the things I've already mentioned. So there you have an application, staff recommend approval, got to preserve the shopping center, reduce traffic and reduce the amount of impervious area by over two acres, which is a considerable benefit to all the areas around it in terms of how much water comes off the site. In addition to that, we heard from Lake James Civic Association, we had a meeting with them just about just about two weeks ago, and a large group from them attended a meeting in my office and went through these issues and so forth. So their concern and I'm sure they're going to express it is the lake in their backyard, which is regional storm water pond, actually its purpose, but we understand it's a significant benefit to them. So, we told them about the reduction in the amount of acreage that we'd be taking and converting from impervious to pervious, and we told them, we'd also be participating in the state's programs for water quality. Since that time, they asked us to look at a program that the city was doing, which at that time, I didn't know anything about which there's a program, actually an approved program called the Kemps River Water Quality Improvement Project. I didn't know about it. Mr. Weiner knew, and I'm not about either. I've come to find out it's fully funded by the city, its intent is to take large portions of this area and make a heavy treatment process for it, independent private property owners. Again, it's fully funded by the city to this date. I told the Civic League this morning that upon learning about it, we advise the city we would participate in that process, because we think it would be do a little better, so we do plan on participating in that, which will affect directly the quality of the water going into the lake. So finally, I will add that we're aware of a petition, and that's been passed around,who have no contact with any of the people involved in the petition, but it complaints about this on the basis of impact on schools, and the report already indicates that the schools are well, this is well inside the capacity of all three schools serving this area. They were concerned about flooding, they obviously didn't know, we were reducing the amount of water on the site considerably, and they were concerned about, let's see, and traffic, they didn't know about the traffic study. So that's part of the problem with the petition like this is they get going without any the knowledge of the facts. You have no way of reaching it back to them in a meaningful way, but I did want to know that the concerns raised in that petition have all been addressed not just by the applicant but confirmed by your staff. So, I'm happy to answer any questions you might have, and I appreciate your time this afternoon, Mr. Wall as always. Mr. Wall: Thank you. Are there any questions for the applicant? No, Madam Clerk, are there any speakers? Madam Clerk: Yes sir, Mr. Chairman, we have seven registered speakers, five are in person, and two are WebEx. Calling Peggy Sansone to be followed by Don Davis. Ms. Sansone: Good afternoon. My name is Peggy Sansone, and I'm the Lake James Environmental Committee Chair, and HOA board member. I'm here today representing the views of the Lake James Homeowners Association. I would also like at this moment to recognize how many people from Lake James have attended here today if you could please stand. To give you an idea of the concerns that our community have, a lot of them have taken time off from work many, many more wanted to attend, but given the day and the hour, it was difficult for them to do this. Thank you. I also want to thank the Commission for giving me the opportunity to speak to you about this proposed Kemps River Apartment Project, and its impact on Lake James. The Lake James community is 37 years old, and our community has spent the past 30 years caring for and being passionate and fierce stewards of our lake. Lake James is a unique community. It is 100-acre freshwater lake, originally created from underground aquifers in a sand borrow pit. Even though Lake James does have a BMP designation, Lake James is a privately owned lake by the residents and the HOA. Residents move to Lake James because of its amenities. Our residents enjoy swimming, boating, and all water recreational activities. Good fishing there too. We pay higher property taxes for waterfront property. We all pay our city storm water management fees. I invite you to go to the Lake James website for more information on our particular community. It's www.lakejamesvb.com. Our community spends $1000s every single year on professional water quality testing and treatment. We are very, very good stewards of our lake. We educate our community. We encourage people to use zero or less lawn products, maintain riparian buffers, scoop the poop, shoo away domestic waterfowl, and do anything we can to try to maintain the health of our lake. Several years ago, we purchased installed a floating island which uptakes nutrients in the water, and this summer we installed a floating boom to help collect trash. We've worked with the City of Virginia Beach to correct problems over the years. I can also direct you to the Virginia Beach Public Works website under storm water management to view Lake James water discussion. We also have enlisted the help of Old Dominion Environmental Sciences Department, the Virginia Department of Health, and the Virginia DEQ, Army Corps of Engineers, Elizabeth River Project, Lynn haven Now, the Virginia Aquarium Testing Program, and many more experts. Lake James Environmental Committee has also trained and attended webinars on lake quality management. This is the culmination since 1999 op until 2022. This is the culmination of just the work of the Lake James Environmental Committee. I'm the archivist that gets stuck rolling the books around. There is still more left at home. I just couldn't bring any more. We recently did meet as Mr. Nutter indicated with the developer's representatives to discuss our concerns about storm water. We were pleased to hear from him this morning that indeed that they are going to be working with the city for this planned storm water improvement that's going to be located at Kemps but we really do need more than just that one tapping into that system. The shopping center is a large contributor of storm water runoff in the lake. Large volumes of untreated water have contributed to the pollution, and the nutrient overloads in our lake over the years. New businesses that have come to the Indian River and Kempsville Road corridor have implemented a variety of storm water management practices, specifically, Chick-fil-A, Care-A-Lot Pet Center, Walgreens and Aldi on Kempsville Road. If you go and visit any of those sites, you will find that they have implemented one or more various kinds of storm water strategies to include inline collection of their storm water on their site, dry swales and filter systems, they're all very good examples of how all types of businesses can do more. In order for the Lake James HOA and community to support this proposed rezoning and development plan much more needs to be done by the developer to implement a variety of systems to specifically hold as well as filter the storm water before it enters into Lake James, and downstream the Elizabeth River, and eventually getting to the Chesapeake Bay. The use of nutrient credits is not acceptable to the Lake James community. In the scientific literature on storm water management, you will see cited one of the primary goals of storm water management is to treat the source and four bays are identified as an excellent type of way to do that. Storm water management is necessary to not only mitigate nutrient overload, pollution and harmful algae blooms, but also to manage and prevent flooding. Uncontrolled large volumes of storm water that have entered into Lake James over the years have caused damage to our docks and our bulkheads. Docks are submerged. They stay submerged, the wood rots out, high water levels get back behind bulkheads, the soil softens, the pressure causes the bulkheads to fall over. This is something that we have wrestled with for years. The holding and filtering of storm water at Kemps River redevelopment will be a very important step in preventing flooding and preventing property damage. Recommended storm water management by our Lake James HOA include the use of dry swales, rain gardens, mini wetlands with four bays, inline containment of storm water, filter systems. We would like to see a variety of these different types of systems installed at the Kemps River Project. Examples of these types of storm water management systems can be viewed as I previously mentioned Chick-fil-A, all these and what have you, but I've also compiled a list, and just a drive around of this city, and 23 items on this list. It's just a quick cursory look rolling around the city of where I saw many, many different types of storm water management implemented in all different types of businesses, and what have you. I'd like to draw your attention especially, I'll hand copies of this over to item #9, if anyone could visit, including the Lowes on Virginia Beach Boulevard and Parker Street, down south past where Lynnhaven enters into Virginia Beach Boulevard. That's an excellent example. In the corner of their parking lot, they've created a wet pond with plantings, it's fenced off if they're worried about someone falling in, but it's a very, very good example of how they have with treating curb cuts and inline piping, they draw off the storm water off their parking lot into this contained area. Alright, if this project is to be approved, we are concerned about the demolition and construction debris blowing in our neighborhood, flowing into our lake during storms. Necessary steps for containment would be necessary. In conclusion, we don't want to see a blighted area over there at Kemps River. We would like to see a nice development. Two, we still have concerns about that increased traffic on Indian River Road. We worry a lot about the ingress and egress in and out of our neighborhood which is still problematic at this time. We request that the Centerville Turnpike Improvement Project that was promised in 2013 be reactivated, and received an email this morning saying apparently they are starting that project back up because specifically just for me to finish my point, it will help considerably as congestion will stack up as you have a stack up lane of people coming down Indian River to turn left to go into their apartment complex. People get irritated, don't want to wait to go down to the next two light cycles to get to Kempsville, so historically, what we've already experienced, everybody cuts through Lake James. It's so bad as indicated by the City of Virginia Beach and their and their traffic calming programs; we were able to get speed bumps, speed tables installed in our neighborhood to try to cut down on the volume of traffic, and the terrible speeding. So, it's good to hear that about the Centerville Turnpike. Lastly on our conclusions, most importantly, we want to have strong and effective multiple storm water management to help us protect the lake. The final site plan should include a variety of filtering devices as I previously cited specifically to not just filter, but to hold the storm water before it is flushed into the lake. The City of Virginia Beach should take this and every opportunity to implement storm water management at all development sites. Every storm water practice, whether large or small, every little bit helps. Please help us keep our lake healthy. We have labored 20 plus years to try to keep our lake clean and safe. There's only so much we can do just as private citizens, we need your help. Lake James is not a community with a little old sediment pond. Our Lake is a vibrant 52-foot deep water body with numerous fish, turtles, and other marine species. We have great blue herons, ospreys, bald eagles, the migratory ducks have arrived. To include we have coots, hooded mergansers, buffleheads, painted ducks, and once in a while we get pelicans. River otters are also visitors to our lake. We need your help to protect this important resource and ecosystem. Lastly, we request the Planning Commission please defer their decision on this rezoning request until the Lake James Community, the City of Virginia Beach, and the developer can come to an acceptable agreement on effective storm Management. Thank you so very much. Mr. Wall: Alright, thank you. Mr. Weiner: I have got a question. So you're fine with what the other businesses on Indian River Road, Chick-fil-A, Petco, all of those are done, and those were built before the water regulations that are in place now today. So what they're gonna have to get this development goes through the strict water regulations that they're gonna have to follow is a large percentage of that water has to stay on site. It can't go anywhere. So this is just and what I got to say, I would be more concerned about what's going on now than what would be because what would be would be a filtration system and it has to stay on site. You'll get less water into your lake in the future, if this is developed, and I'm going to say what a City Council person said, he's no longer with us, and I stole his line. The best way to fix storm water or not fix storm water, but to work on storm water is to redevelop. Okay, so that to me, I would be more concerned about what's going on now than what could be in the future. Ms. Sansone: We are concerned because that Kemps River Shopping Center was built 30 years ago, as you said, before, we had all these environmental regulations, and even an understanding of nutrient overloads flowing into water bodies. Now is the time if that shopping center is to be torn up, this is the time given what we know, and have today by technology, some are very low tech, you create dry swales, that means you bulldoze out a shallow area, you plant grass on it, and you allow curb cuts or you allow means for storm water to run over to it, and boom, you've got holding and you've got filtering of storm water. Mr. Weiner: I agree with you 100%. That's what I'm just stating, I agree with you. Ms. Sansone: Thank you. Mr. Wall: Mr. Redmond. Mr. Redmond: So, would you not agree that it's an improvement of the site? Not just for the architecture, and the mixes uses and alright, but it is going to create two more acres of impervious where there is none, wouldn't not that be an improvement? Ms. Sansone: It's an improvement. It's not enough. The flat grassy areas which have that minimal absorption, grassy areas in the literature have minimal absorptions. It's good. It's better than pavement, but it has minimal absorption. Mr. Redmond: I'm not sure how you can suggest that. If we just keep going on with 100% impervious cover on that site, and all that implies until mythically agreement is reached. That's going to be a better outcome than to make improvements on the site today. Mr. Nutter says you've been talking since Jessica Abbott was on Council, I have no confidence whatsoever that that day of agreement ever comes? I mean, it just it hasn't yet. Is it ever going to be enough? So I mean, I recall the Lowes when it was developed, and that was not 100% impervious cover, they had to put a pond there for a reason, right? So it's not they did because it was fun, or they did it out of the goodness of their heart, seems to me, this is in many, many, many, many ways, an enormous improvement today, including in terms of its environmental by virtue of the pervious that's to be created, and the applicant's participation in the city program of which I was unaware as well. So we all learn things every day. It seems to me that it's just it's on its face as it is an improvement environmentally for what runs off anywhere, including to Lake James, I just, I'm missing this, tell me what it is, and apparently, you've got no formula other than a list of who filled this system, and that system, and all corner thing, none of which is certain. What is certain to me is it's an improvement. Ms. Sansone: Okay, your question being, would we prefer a decaying shopping center over? Mr. Redmond:Would you prefer that which exists today over an improvement, a significant improvement of that which is exists today? They're going to create pervious cover, and they're going to participate in the City's program. Again, I don't know much about it, but you seem to don't like that idea as well that seems to be very, very significant, and when you add in the other benefits where's the no brainer is kind of kind of my question is improvement is improvement. It gets better. I don't know that, uh, you know, that kind of a, you know, a mythical sort of better state that exists than one that's being offered today, because it's pretty good objectively. Ms. Sansone: In response, the Kemps River Project would be a good project, but it needs more in terms of storm water holding and filtration. That is the issue that we have, we do not like a decaying shopping center over there. It would be an improvement, but it's a large 20 acre parcel which 100% drains into our lake. Mr. Redmond:Well, I got that part, thanks. By the way, that two acres that's to hold Chick-fil-A properties, and that's a significant piece of improvement, so anyway, I thank you for your time. Ms. Sansone: Thank you. Mr. Frankenfield: Maybe as a comment, I wonder if Bobby, if you could help us understand. don't believe this did a preliminary storm water analysis, which was not required, but when they go through the storm water site plan process, won't these methods - swales, rain gardens, will be considered for the project. In other words, it's not going to do nothing. They're going to do some of these things. Mr. Tajan: That's correct, through the site plan review process it will still have to meet our storm water management standards. I think that's where Mr. Weiner was also alluding to, because the site is completely impervious, there is an option for a 10% reduction in impervious cover, which meets those standards to do the reduction as called out in the state regulations. Also, the staff will be checking to see if it meets that reduction too. So, it could be possible that the 10% reduction, which is about approximately two acres has been called out, will meet that along with some type of inline device that could easily be associated with this project. In other words, there'd be some type of water quality device that could be installed prior to it going downstream into Lake James as noted by the speaker. So,there are multiple ways to do it, and they could do it with, like I said, a structured device underground or some type of other above ground system, but that that will be vetted through the site plan review process in our department, and Development Services Center. Mr. Weiner: Okay, Mr. Tajan, I don't know if you'd know about this or not. Is there any way you can tell us something about this Kemps River Water quality improvement program is? Is there a short answer to that? Mr. Tajan: Other than I found those CIP lists here from November 2022. I don't know if someone from Public Works has any background to it, but there is apparently a timeline of doing some construction that's scheduled from November 23 to August 24. To do a pretty good level pollutant removal going into Lake James looks like there's a total phosphorus removal of almost five pounds and the suspended solids of 714 pounds per year. So not an insignificant project, looks like it's totaled at almost $600,000 to do these improvements. We could share that with the Commission. I just found this right now. Mr. Wall: Okay, thank you. Next speaker. Madam Clerk: Don Davis, followed by Don Hawker. Mr. Davis: Don Davis also from Lake James. Mr. Weiner to answer your question, the tie in from the Kemps River storm drains, all goes into 184 inch pipe that leaves the interior of Kemps River and goes into Lake James,which is where the Kemps River project is going to be built. That is going to be placed where all of the internal drains come in. It's going to filter out the trash and the rubbish and phosphorus, and to remove that prior to going into like, which is the reason that we were hoping that the builder would work with the city to tie the drains in as the construction evolves. Instead of, you know, this ending up being two separate projects. As said, there's 184 inch pipe that encompasses the entire area there. So that project has been put off I think three different times, it was supposed to have been completed three years ago, and now the new due date is I think 2025, or something like that. Nonetheless, I think so our biggest concern is that the other thing that was mentioned was pursuing of the credits for what am I looking for, yeah, pollution credits. They can either put in work with the city, put in swales, and things like that, but we can't stand for purchasing pollution credits through bypass. Treat our lake fairly, and all the residents, and that's not going to be tolerable. That's all have. Thank you. Mr. Wall: Okay, thank you. Are there any questions? Madam Clerk: Don Hawker, followed by Karen Nuszkiewicz. Mr. Hawker: Good afternoon. My name is Don Hawker. I live in Lake James on a lake at the north end very close to where this project is going to be constructed. Between my house and my neighbor's house is a City right of way for a drainage ditch that carries the storm water to the lake, and when we get these big rainstorms, stepped out of my back door, and I watch the water gushing into the lake, carrying with it paper, plastic, styrofoam, aluminum cans, glass. Some things are fairly embarrassing, they have been floating in my lake, and when the rain stops, and the birds are done swimming around all the garbage, and they go off, we go down to our lake with our nets and start scooping out all the garbage that the City flushed into our lake. It's not very pleasant when you have friends over in the backyard for a cookout or kayaking or swimming, and I have to get my net real quick to scoop garbage out of the lake so my friends can swim in it. So I understand that tearing up pavement, and putting down grass will reduce the amount of water, but adding 300 homes, 600 cars, 1000 people, and a bunch of shops that presumably have dumpsters behind them and they're emptied at four or five o'clock in the morning, you should come by some time when they're emptying the dumpsters, the ones near Chick-fil-A not at Chick-fil-A, and we get the five o'clock clang, wake up call. So all of this, I suspect is going to add to the amount of garbage in the streets, which means it's going to add to the amount of garbage that I'm fishing out of my lake. Now if I come by your house sometime this evening, with my happy meal, finished eating it and I tossed my trash in your backyard. I don't think you would like that very much, but the city does that to me after every rainstorm, the big ones, not the low ones. So, I would like some assurances, I don't know what you could possibly give me that all of this development and construction and the additional cars, people and restaurants, and shops will not increase the garbage I have to fish out of my lake. In addition, when the developer says that all these houses, cars, people, and shops will reduce traffic that does not build my confidence because that doesn't pass the smell test. There's a Chick-fil-A that we just added, and I like it, I eat there myself, and they're closed on Sunday, but to suggest that Chick-fil-A reduced the amount of traffic is insane. Trying to get into Lake James, if you're coming down heading west is difficult because of the five cars in front of you; four of them want to do a U-turn to go get their chicken. So, we do have traffic problems, and we do have storm water problems, and we have been asking for a very long time for the city to do something about all the garbage. Some guy drives by toss the cigarette butt out the window, a couple of days later, I'm fishing it out of the lake. So, I don't oppose this project at a genetic level. I mean it would be nice if they had nice shops, nice housing, a nice peaceful neighborhood, and that thing sitting there undeveloped is not good for us. It's not good for the city. Something sooner or later is going in there, but I want something that's not going to damage what I have worked so hard to own. Thank you. Mr. Wall: Thank you. Are there any questions? Mr. Weiner: How long have you been living in the house? Mr. Hawker: We bought it in 1992. I've been here 30 years, it's paid for. Mr. Weiner: Okay. I've been in an area for 30 years myself and I know what it's like when Farm Fresh was at full speed and K-mart was full speed and could you imagine the Chick-fil-A there then, when that was in full speed? It would have been crazy, but I mean, I understand what you're talking about trash, and I get it. I got to believe that a lot of that comes from inward road, not from Kemps River Shopping Center right now. So, this developer, he's very well known, if this does go through, it'll be a very well development. It's going to be taking care of people that are doing apartments, want to make sure it's taken care of because they can lease them, if they're rundown, so they're going to be taken care of very well. There's a lot of things we're gonna talk with the applicant about, but I think I think this is a very big improvement on what's what is there now? Mr. Hawker: Well, it would certainly be an improvement in terms of aesthetics, and the tax base of the city, and if there are nice shops, I can walk right across the street and take advantage of them, which is why not just hardcore opposed to this, but I'm not inclined to have someone say, "oh, we'll take care of that" and then do something which may or may not be detrimental to me. I'm trusting them; I'm basically at their mercy. If they build it and it doesn't work out. I know we've had some developers do construction projects that turned out to be flood problems, and the city had to go in and pay millions of dollars to fix their mistakes. So if this is another mistake, are you going to come up with all the money to fix my lake? Mr. Weiner: Now, that was a learning lesson and our water restrictions today are more strict than the State's water restrictions, and City of Virginia Beach is stricter than State. Mr. Hawker: Water quality? Mr. Weiner: No, keeping storm water on the site. Mr. Hawker: Including trash and what ever else? Mr. Weiner: Yes. Mr. Hawker: So next time it rains and my lake gets flooded, and it's flushing all this garbage in there, and I take videos of it. Can I send you the videos, will you look at them? Mr. Weiner: Sure. Mr. Hawker: Okay. Mr. Wall: Thank you, anybody else? Madam Clerk: Karen Nuszkiewicz, followed by Lavinia Hankins. Ms. Nuszkiewicz: Hello, my name is Karen Nuszkiewicz. I've lived in Homestead, which is right less than a mile from Kemps River since 1977, and the first thing I was going to talk about was the storm water that I think that's been talked about enough. I would like to also add that I don't think nutrient credits are the answer; it seems to me, you're taking the problem, and just putting it somewhere else. My main concern with this project is the cost to the taxpayers. I'm sure all of you as homeowners in Virginia Beach, when you stroke to that check in December, you realize that you never truly own your home. So my problem with this is the cost to the taxpayer scope, the impact is going to be 3 million. I'm really not opposed to the project. Looks like it would be pretty nice with some greenery and stuff, but I think before this is approved experts, which I'm obviously not, experts to look at this and see how to mitigate the impact on the taxpayers. I think I said everything, please let experts look at the impact of the taxes on us. Mr. Wall: Okay, are there any questions? Mr. Redmond:Sorry, I was just gonna say if you have not read this staff report, I urge you to do so. You can have my copy if you like because I have the staff for each one of the applications that comes before us and subsequently to then to City Council produces a report and they are experts, and they pull in a whole bunch of information, and that's a good place to start to. Too seldom does anybody read that? And so, you're more than welcome to have mine. Ms. Nuszkiewicz: When you say staff report, are you talking about what came from traffic? Mr. Redmond: Correct, Mr. Tajan's Department of Planning Community Development does a summary of each one of these applications and lays out the effects for schools and all that stuff. Ms. Nuszkiewicz: I read them. That's how I found out school impact would be about million. As far as population, the schools can absorb it, that is not a problem, because I think we are under populated. We are going to get priced out of our home, if these taxes continue going up. Mr. Redmond: Okay, thank you. Madam Clerk: Lavinia Hankins followed by Thomas Etter. Ms. Hankins: My name is Lavinia Hankins. I am a business owner in the Kemps River Shopping Center, and my concern is the integrity of the information that's been shared with us as business owners, and whether or not the full process has been integral. So this is the second time that I've heard of this project in the past year. So the first time I was tipped off by somebody who works at the Outback, and when presented it to the property manager, I asked her about it, and she gave me a solid, this is I don't know how you heard that or what you heard or, you know, but that's not true. Nothing's happening with the shopping center, and then God, the Universe, whoever you guys choose to believe in, came to me again, because my customers actually came in and told me that "Hey, have you seen that there's a meeting about the upcoming project of a shopping center?" Okay, no, no one's told me, I haven't heard anything from the manager, from the leasing agent, or anyone affiliated with this application. So that concerns me, because I have presented on multiple occasions to the manager about opportunities to bring in more traffic, which my business actually brings in a very niche group of people who are exposed to the shopping center through my restaurant, and also we pass a lot of traffic back and forth to the planet fitness that's also in the shopping center, along with all the other businesses. So we do a lot to support the local businesses and the other businesses that are in the shopping center. I have presented a Farmer's Market that would bring in a ton of traffic. Based on my model, I do have documentation that I presented this to the manager, and she presented it to the owners in which they declined. I offered to acquire this space next door, and to as an opportunity to expand the business and to create more foot traffic and opportunity for patrons to come into the shopping center, and I just did want to bring up that the attorney for this application representing this application said that two years ago, they applied for this project, and two years ago, I signed the lease, and so again, integrity, honesty. I didn't open my doors until September 2020, and I signed the lease in June or July of 2020. So at that time, it could have been disclosed to me that this was something that was being done to the shopping center. I just want to know how this is gonna affect the businesses. Now, I have seen this successfully happen at some point in Chesapeake and in other places. Mr. Wall: Are there any questions? Mr. Weiner: Yes, I have a question. What is your business address? Ms. Hankins: 1309 Fordham Drive, Suite 106. Mr. Weiner: Where it is located? Ms. Hankins: In the core of the shopping center, in the corner on the side of Rainbow, caddy corner to Outback Steakhouse directly across from Planet Fitness. Mr. Weiner: Mr. Tajan, is there a sign per street? Mr. Tajan: Yes, there was a requirement to post the signs on the three different streets. Mr. Weiner: And you didn't see those yellows signs of placards on that? Ms. Hawkins: Absolutely not. Mr. Redmond: I am sorry, I didn't hear you, what the name of your business? Ms. Hawkins: Culture Vegan Joint. Mr. Redmond: Okay, thank you. Ms. Hawkins: I do want to note that two years ago at my grand opening, Mayor Bobby Dyer, Councilwoman Sabrina Wooten, Councilman Michel Berlucchi, at that time, Jessica Abbott, and other prominent members were at my grand opening. Mr. Wall: Do you feel that this would negatively affect your business? Ms. Hawkins: Well, it's not that I disagree with the plans. It's that I would like notice as to how it's going to affect my business, the construction particularly, rising costs, is this going to raise my rent? Am I going to be grandfathered in? Do I have first right of refusal? What are my rights in this transaction? And is it really is it going to benefit my business? I am a black owned business as well in the city. So I feel like contribute a lot to the growing ideas for of business ownership in Virginia Beach. Mr. Redmond: I'm sorry. I just wanted to clarify because I'm kind of, are you in the same strip shop as Outback? Ms. Hawkins: Yes. Mr. Redmond: Okay, just wanted to verify that because that whole strip shop is staying, it is not been taken away. All your businesses are going to stay there. Ms. Hawkins: Again, I just want a disclosure, you know, as to exactly what's going on and how it's gonna affect us, some type of notice these are the things being presented, if you would like to know more, here's where you can go to find out. Mr. Wall: Okay, thank you. Anybody else? Madam Clerk: Thomas Etter, followed by Makayla Drew. Mr. Etter: Afternoon, my name is Tom Etter. I'm President of the Lake James Homeowners Association. We're located right across in New River Drive from this development, and hence our keen interest in this development. We have 247 homes, and a lake that we're very proud of, and we spend a lot of time recreating it. The Board of Directors met specifically on the subject. We did a lot of research. We talked to Mr. Nutter, and got a presentation from him, and our conclusion is this is no doubt, as you mentioned, a big improvement in that shopping center, and we therefore support the rezoning, but we have some conditions on which we support that rezoning, and this goes back to the storm water runoff issue, the environmental issue. We don't want to see the use of nutrient credits. Mr. Redmond you talked about? Well, this is a great, huge improvement. Why wouldn't you want anything more? Well, why stop at that. Mr. Frankenfield over there, and I are members of the Process Improvement Steering Committee for City Council, and I spend a lot of time advising them on process improvement initiatives, and how to do process improvement. One of the things that I always emphasize is, if you're not getting better, you're getting worse. You got to continuously improve, improve, improve or you're going backwards. So why wouldn't we stop at this improvement and then allow nutrients or nutrient credits the use of them to allow debris and contaminants to flow into the lake. So our approval is based on or contingent on not allowing nutrient credits and making sure that the storm water system redesign as part of the redevelopment as methods and means to prevent contamination and debris from flowing into Lake James. We are also concerned about traffic, and we recognize that the traffic will probably be less than what it was originally when the shopping center was put into operation, but it's going to be more than it is now, and so we would encourage the City to follow through with their January 2025 plan to expand. Mr. Wall: Are there any questions? Mr. Frankenfield: So just if we could just get to the bottom line of what your group is recommending, say you support the project, if you meet these conditions which are? Mr. Etter: We would like to see is in writing the requirement to not use nutrient credits to actually put into place, physical means of limiting and minimizing storm water from carrying debris, and contamination into Lake James. Mr. Frankenfield: Is there anything else? Mr. Etter: We'd like to see the City continue to go forward with their plan to expand Centerville Turnpike to four lanes which we think would help out with the traffic situation. Those are our two contingencies, the environmental one being more important. Madam Clerk: Our final two speakers are both WebEx, Makayla Drew followed by Drew Little. Ms. Drew: Good afternoon, my name is Makayla Drew. Thank you for hearing public comments on this today. I do appreciate the online accommodation which allows us to participate in the middle of the workday. I have been a Virginia Beach resident for over 13 years, and I live within one mile of the proposal area. While agree that a revitalization of sorts is needed in the shopping center, I do not believe that the current proposal has been fully explored and is not the best decision for the area at this time. I am in opposition of the proposal for the following three reasons. Reason #1, insufficient parking spaces. On page two of the proposal, the site plan shows that over 1000 parking spaces will be provided. However, page eight of the proposal only shows the minimum 922 parking spots, of these the parking spot surrounding the Panera and Dollar Tree will remain impacted by cars cutting through, and areas drive thru also impacts the parking spaces negatively as cars waiting in line make that area difficult to navigate. Furthermore the remaining Outback strip experiences heavy parking impacts almost every evening of the week. I'm uncertain that apartments will allow sufficient access to an already busy parking lot. Lastly, there are parking spaces counted behind the two commercial buildings that will remain. I feel it's unrealistic to count those spots. For example, people will not want to walk around a 35,000 square foot building to pick up dinner, two of the proposed apartments would be directly in front of the current commercial parking and create this additional impact. Reason #2, traffic impacts, according to the traffic memorandum while it is true that the proposed multifamily rezoning use may result in less traffic to use the existing traffic counts and the analysis can lead to an invalid conclusion as over 50% of the shopping centers are not currently being used in an active commercial capacity. Yet despite this traffic congestion continues in the surrounding roads, and you will find that the current traffic situation is already suffering without the shopping center impact that the memorandum seems to suggest. I implore you to take a drive to this area any time after 1 p.m. during the week to experience what I'm talking about. Additionally, the proposal indicates that traffic counts were not available for Fordham Drive, but this is the local street around a proposed area and many cars use it to make a U-turn to access the Post Office or cut around the previously mentioned traffic issues. Traffic counts for the secondary roads should be considered with a formal traffic study conducted based on the current percentage of commercial use, and reason #3, additional impacts,the proposal does not clarify who will pay for the Public Utility impact on page six. Based on my knowledge of the billing systems with both the City of Virginia Beach and HRSD, I would assume there may be some impacts to those of us most proximate, and I believe the nearby residents should know what those impacts could be because of the grip sewage charge we pay every month. In closing, I suggest further study and research into the proposal for the three areas of concern I mentioned here today before proceeding with the project, including insufficient parking, traffic impacts, and additional nearby resident impacts. Thank you for your time today. Mr. Wall: Okay, thank you. Are there any questions? Madam Clerk: Our final speaker is Drew Little. Mr. Little: My name is Drew Little. Thank you for the afternoon. A lot of what I've been concerned about has been covered. I do want to make a couple of quick notes. First of all, the petition that's been circulating is not about storm water, it is mostly about traffic, and the assertion by Mr. Nutter that people have not read the traffic survey is actually not correct. I've shared it many times myself and I've read it thoroughly myself. For most of the petitioners over 1300 now, the main concern is traffic. If you drive through this area, you know that it's a harrowing drive at peak periods. There's more than a 1000 foot backup northbound in Kempsville at peak periods, it's difficult to get in and out of Lake James. It causes backups onto the interstate, people who would normally take Indian River Road East; now take Indian River Road west across Reon and go down Providence causing further backups at Kempsville and Providence. All of the neighborhoods along the way are affected, Stratford Chase, Lake James, there they're all being used as cut through at high speed, and we can get no help from the police on this. It's very dangerous. The number one most dangerous intersection in Virginia Beach according to Virginia Beach Police is Indian River and Kempsville Road; it has 63% more crashes than the second most dangerous intersection. Two more of the most dangerous intersections are also in Kempsville, Baxter and Princess Anne and Indian River and Providence. Kempsville can't take more traffic and the traffic report is flawed. The study is flawed to say that 300 plus high density residences replacing vacant shops will reduce traffic by almost 30% is absurd on the face of it. The traffic study needs to be redone and the city needs to get engaged in mitigating traffic before any development is done that will increase traffic to the area, and that's really all I have to say. Thank you. Mr. Wall: Okay, thank you. Are there any questions for Mr. Little? Madam Clerk: No more speakers. Mr. Wall: Mr. Nutter? Mr. Nutter: Thank you. Well, a couple of things I'd like to say up. First, I'd like to thank the residents of Lake James, because I believe that people who take their Lake seriously should be given a lot of credit. I hope they know that we've tried to give them a lot of credit, and as Mr. Weiner pointed out, we have to go through site plan review to get all of those issues. My point being that the reason we want it to tie on to the city's project is because the city's project is larger. What you may not know is that Lake James is also the recipient of water from Kempsville Road, from Indian River Road, all the shopping centers around that entire area all go into that lake. Our water goes into any river road before it goes into that lake. So the question is what's the best path? And that's what we've honestly tried to find. In fact, what Lake James residents suggested to me in our meeting was that we look into the city's program and see if we can participate in some way with that. In fact, I didn't know about the program until they referenced it, and we asked our experts to look at it. So we think that's the best approach. It will treat our water. It will treat water beyond just our limits before it goes into that lake. So I want you to know that we're on record as wanting to improve the water quality, not just reduce it, which is significant. I'll just tell you, I don't want to wipe that into the sweep that under the rug, that's a big thing, two acres of less impervious area is a big thing, but the other is the quality side, and we understand that, and that's why we think the participation with us in the city's program, which is going to spend about $600,000, according to the speaker, to help improve the water quality in that lake, we think that's the best bang for our buck in putting in that, that's where we're going, and by the way, we don't have to participate that at all. We don't have to do that at all, we can just go through the cycling process. So my clients are serious about wanting to help the people in Lake James. They're not going to be bearing 100% of the cost for everybody else along that roadway, and they shouldn't be, but we are willing to participate that, we've made that clear to them, we make it part of the record today. A couple of things I'd like to say, and you can call Mr. Loman for this, and that's the traffic issue because I think even Mr. Loman was sitting there agreeing with the traffic study that we've done in terms of the production and traffic, which is significant. Finally, I'd like to really apologize to believe it was Ms. Hankins, I hope I got her name, right, who's the tenant? I have no explanation of why the property managers didn't know about this application. So it's hard for me to find. So that shouldn't have happened, I'm sorry, and anything that they or the other tenants want to know, please contact me. I'm happy to tell them or the owners, and I'm sure the owners who are watching this presentation are going to be contacting the property managers probably within next hour about presenting this to the tenants that have not already been presented to apparently, because they're all valuable, and Mr. Weiner is exactly right, if she's in the same strip as the Outback, all those areas are staying, as you've seen in this exhibit. So, again, this is the best move forward. We believe that the applicants have presented a great case to you, and one that the neighborhoods honestly acknowledge. They acknowledge that something has to be done. They acknowledge it's getting better. We're just trying to find the best path because we know we've reducing traffic. We know we're not impacting the schools, and we know we're trying to do better on the storm water. So I think we can get there between the staff storm water review and the city's program. That's a great place to make a significant difference. I'm happy to answer any questions, Mr. Wall you or others might have on commission. Mr. Redmond:That lady who is a tenant who you just referred to had stepped out of the room while you spoke. Mr. Nutter: I'll see if I can find her. Mr. Wall: Anyone else? Mr. Nutter, I have got a couple of questions. So this storm water program, the $600,000 program, are you familiar with like the city's program, is it specifically for Kemps River? Mr. Nutter: It's surprisingly that money is specifically for Kemps River and the area right around it. Mr. Wall: You know what is going to entail? Mr. Nutter: I don't know the specifics. I know that the city is treating that water because they wanted to make sure that the runoff from those areas goes down, and they want to make sure that the water quality requirements are met. That's all I really know. But other than we've said, we will participate with them and which we don't have to do. We just felt like it, if you're going to spend money on for storm water, one I'd do it with a larger program that'll affect them, like at the end product of the lake, not just off our property in the Indian River Road, that's our thinking. Mr. Frankenfield: Check your email, sent out a nice CIP sheet for this particular project, and it clearly identifies a significant new treatment facility on Fordham Drive. I mean, it's a drop inlet treat treatment facility. So, it's in that location, it should be easy to work together on through the site plan process. I'm guessing that you are saying you will support this project, and work to a reasonable level on finding out how you can treat storm water better. You just have not gotten to that point yet, and it will be an extensive detailed process. Mr. Nutter: It is correct, and all the experts they're talking about are fortunately here at the city. Mr. Wall: Anyone else? The speakers mentioned one thing and they had to ask about the nutrient credits, would you be willing to proffer that nutrient credits wouldn't be used as storm water strategy, and when the site development plan is submitted to the city? Mr. Nutter: I don't know that I can yet because I don't know enough about the city's program. To be honest with you, I can tell you this, we want to make a difference, and we can do nutrient credits and do nothing, we don't even bother with the city's program. What we're telling you today is we will participate with the city's program, and that's a treatment program that's going to be an area larger than just us, and that's why we think it's more significant than just us putting in a few filters on the owner property, and then the water goes directly in Indian River Road, and that just seems to defeat the purpose. Mr. Wall: Okay, well, the nutrient credit, that's part of the State program, and it does get reviewed by them. The study is the review authority, but I mean, I think it would go a long way to you support the residents if you know if that was proffered. guess that's like somebody could buy nutrient credits for property and another watershed. Mr. Nutter: It's a significant benefit, and part of the reason why DEQ likes nucleon credit programs, by the way,just so you know is because too often people just put in our onsite storm water system, and it's not well maintained, or they put in filter systems, and they're not well maintained. Whereas if you have a credit program, it goes into a DEQ program where DEQ monitors, and it really does affect the storm water. So it's just a more regional basis, we're in the same watershed. But there are reasons why credits are important. We're not saying we're not going to use credits; we're not going to say we are using credits, what we are going to say is we're gonna participate in the City's program was to design to treat the water from there directly coming off us and Ford ham Road before it goes into it Kempsville Road, and that is what we are saying. We think it's better than that. We can ride on tails with $600,000 project, versus putting stuff on our own. I mean, it's just, that's a great, that's a great opportunity, and we didn't know about it until they told us about it, so. Mr. Wall: Anybody else? Mr. Horsley: Other than I have utmost respect for what the City is in this storm water program. I mean, we've wrestled with this for many, many years, our program in the City of Virginia Beach far exceeds the State program, and I just don't think you can get much better. I mean, developers are harping on us about how stringent a program it is, and they, you know, but that's the way we are in the city. We are very stringent on the storm water regulations. I will thank you Mr. Nutter, but I want to hear from Mr. Lowman because I want him to address his traffic issue that so many people seem to think and they got too big applause when a man said somebody in traffic, I want Mr. Lowman to explain this traffic situation. Mr. Wall: We'll get to traffic here in a second afterwards, but I think Ms. Wilson, do you have some concerns? Ms. Wilson: I just have a common one. So, I think I need to insert here. Proffers are offered voluntarily, and we can't really ask Mr. Nutter for a proffer. Don't use the word. If you mean willing to say that, but we cannot require proffers, proffers have to be voluntarily done, and our storm water system is going to require what our regulations require. You're not really going to require any more than that, but our regulations are the stiffest in Virginia, and so, we believe that we have got them stiff enough to reduce pollutants and reduce quantity. Mr. Wall: Okay, thank you Ms. Wilson. So before we open it up to discussion among the Planning Commissioners, Mr. Lowman if you would mind coming up for a second. Mr. Lowman: Alright. Good afternoon, Ric Lowman, Public Works City Traffic Engineer. I guess I'll just address the traffic memo since that's probably you know what's causing some of this. The traffic memo we asked the developer to put this together, we'd already done an analysis like this ourselves, and we'd prove to ourselves that the commercial square foot... Mr. Redmond: Could you just for the benefit of the folks here, could you tell them your role here, what your job is Ric? Mr. Lowman: I am the City Traffic Engineer. So, the memorandum, basically, what it says is, when it's fully built out with the commercial space that's already out there. You know, this is how much traffic you could generate, and here's how much traffic you can generate with the uses that are proposed, which is keeping some of the commercial, but demolishing some of the commercial and replacing it with multifamily residential. You guys are very familiar with me discussing that commercial is the highest land use, besides the Chick-fil-A. Commercial is the highest land use that there is out there because you've got people coming and going, and it affects your p.m. peak hours specifically, because you got a lot of people coming to go into those shops during the PNP. Residential, not so much, residential is lower, especially multifamily residential, because you do have smaller family sizes, you do have smaller household sizes, so this 322 apartments is not the same as 322 single family houses, it's much less like to the 70% less than if it was a single family house, but the analysis that we had him do was based on a full shopping center, and if you guys remember, it's only been five years, since that shopping center was active with the farm fresh, which went out of business, the company went out of business, not the store, and the Kmart, which, I guess went out in 2017-2018, and the company went out of business, not the store. So it's still I mean, it's still a shopping center that could be redeveloped, and it could be cut up into smaller pieces, the big boxes in redevelop is a full shopping center again. So that's why we did what we did. I will tell you that when it is redeveloped with the 322 houses, it probably will have more traffic than there is now, but I could point back to the point that we've redesigned that intersection, and whether these people like it or not that intersection is much more efficient, and better than it was when we started with that intersection. Kempsville and Indian River was the worst intersection in the city, it was the most congested intersection in the city, and again, whether you like it or not, that intersection flows very, very well. If you have questions about that, I mean, I could certainly get into, I could talk for 20 minutes about that about why it's better, but I will say it again, by itself the 322 apartments and forget about the retail that is being demolished. By itself, the 322 apartments wouldn't require the developer to even do a traffic study, because it only generates like 140 trips in the peak hour just because of the nature of multifamily housing. So we wouldn't even require a traffic study, even if they weren't replacing that much retail, even if it's vacant. So I can answer one question that Mr. Etter, he asked, if Centerville, Phase II and Centerville Phase III, I mean, the City's always been moving forward on those projects. They did get slowed down because there's been drainage and some other issues, but Centerville Phase II is fully funded, and it is scheduled to begin construction in 2025 per the current CIP. I can't say that it's going to definitely start, but the City is moving that project forward. It is 100% fully funded, and I think private utility relocations are going to be starting very soon. Mr. Wall: Where is that section? Mr. Lowman: That is from Indian River Road, all the way to Kempsville Road. Mr. Wall: That is Phase II? Mr. Lowman: That is Phase II, Phase III is going to be taking it from Kempsville to just past Lynnhaven, but the big addition for Indian River Road with Centerville Phase II is, (a) it's going to take some people off of Kempsville to Indian River to get to the interstate because we're going to make that road --we're gonna make Centerville whole, and so people won't have to bypass Centerville like they do now, and #2, we're adding triple lefts from Centerville on to Indian River which is going to free some time up to give more to Indian River which will free that whole quarter up as well. So it does help Indian River, but the City is totally moving forward towards that. Any other questions? Mr. Wall: Alright,thanks. Alright,well,then I'm going to close the public discussion and open it up to the Planning Commissioners to discuss among yourselves, Mr. Weiner. Mr. Weiner: Mr. Chairman, before we start off, I want to recognize somebody that's in our audience here today. Mr. Dan Edwards, Mr. Edwards has been on the school board for well over 20 years, and was a past chair of the school board, and I just want to thank you for your well service that you did. Thank you very much, sir. So I've heard a lot today, and want to go a little deep here. I'm from this area. My wife and I bought a house in 1990 by Stumpy Lake, and then in 2001, we bought a house in Carolanne Farm. So this is my backyard. I've been here for 37 years also. I made a point in the last couple of weeks, because I knew this was going to come out, this was coming. So I knew in the last few weeks on at 5 o'clock, I made a point to go through this intersection. I may be the only who is going to say this, but I love this intersection. I think it's great, and I know y'all live closer to it than do, but I made a point to go into it, and did say informal, when Kmart was wide open and Farm Fresh was wide open and all the shops were there, it was hectic going through there, and even times it is hectic going through there anytime, but lately, it's nice, and I don't think traffic is a big issue. My opinion for this development, the storm water, I do have to say our storm water regulations are top notch, and a lot of this is going to be taken care of on site plan review, and I think you're gonna find out that what they do with this goes through by Council, we shouldn't be a problem with this whatsoever. This is not going to affect the schools, there's plenty of parking. I just don't see, nothing's really sticking out to me to say no to this, I just don't see it. So I'm gonna support it. Mr. Wall: Okay, thank you. Anybody else? Mr. Frankenfield. Mr. Frankenfield: So, what I'm reading is that it's amazing. If you look at this plan for the Kemps River Crossing, water quality improvement, it looks like it was made just for this project. I mean, it's on Fordham Drive, it's a drop in, I don't know how hard it would be to put another one in, but it's certainly really an ability for the developers to work with the City on this. I think the very positive plus, the when we go when they go through site plan, these issues are going to come up and they are going to address them. They're going to deal with a little bit of water quality, a little bit of quantity, and as somebody said, maybe it was David Weiner, redevelopment is a good thing. Redevelopment is a good thing for storm water. I know it's tough, it's a change, but this will definitely address a lot of the storm water issues and be very positive. I also think the traffic is not an issue, and I think the thriving development that is going to be in there with the residential, and the retail is going to be phenomenal. Very positive, great place to live, good combination of shopping and housing, so I also support this project. Mr. Wall: Okay, thank you. Anybody else? Mr. Coston: I've got one question. In light of how much water we now allowed to be removed from the property. I know we've been having a developer saying that we're very hard on storm water, how much water do we allow people to move off their property without being treated or retained on the property? Mr. Tajan: I'm going to try to answer this in a way that the public can understand. They cannot increase the flow and quantity of the water coming off the property than it does right now. So before predevelopment they cannot increase how much water comes off nor can they increase how fast it comes off the property, if that makes sense. With that they are all completely impervious at this point in time, so the state regulations as well as our storm water regulations have a specific cut out for those that do provide a 10% reduction in impervious surface because there is a definite quantifiable benefit of providing additional green space on the site. As we know, although it's chopped up, it is in two acre increment of the site, which is already 20 acres. So they may meet it in that fashion, but that will go through a full review process on our department. Mr. Wall: Alright, well, I've got a couple of things, and I know, I've been on Indian River in years past, and maybe it's been a while, and maybe there have been improvements, but I know it's been disheartening, you know, it is peak traffic hours trying to get through there. So, I'm certainly not immune to traffic problems that have in the area of Kempsville and Indian River Road, but I think it's been fairly well addressed, and I think that residential will, in general reduce the traffic compared to a built out shopping center. I think there are improvements in those regards. In terms of storm water, I'm not insensitive to storm water, I used to have a swimmer out in a triangle on Lake James, so familiar with the water quality, when it's when it can be bad, it's such a nice amenity for the homeowners in the area. So certainly, it can be seen why, the homeowners are fighting to maintain and improve that water quality in Lake James, but I think that the City's initiative and think that the developers initiative, so I think just the general reduction in impervious will, no matter what, make improvements over existing conditions. There's two major new items I think generally being addressed. I think I feel I'm gonna support the application as well. Mr. Redmond. Mr. Redmond: I move approval for agenda item #2. Mr. Wall: We have a motion for approval by Mr. Redmond and a second by Mr. Weiner. Madam Clerk: Vote is open. By a vote of 9 in favor, 1 against agenda item #2 has been recommended for approval. AYE 9 NAY 1 ABS 0 ABSENT 1 Alcaraz AYE Bradley AYE Clemons NAY Coston AYE Cuellar AYE Frankenfield AYE Horsley AYE Oliver ABSENT Redmond AYE Wall AYE Weiner AYE PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to"offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. Proffer 1: The redevelopment of this portion of Kemps River Shopping Center will be responsive to the changing needs of the retail and small office markets. Two areas of the shopping center may be redeveloped for multi-family purposes and if developed for multi-family purposes, the location, design, materials, amenities, and unit count shall be substantially as set forth in these proffers. Any substantial change to the exhibits relating to the multi-family use of the Property set forth in this application shall require an amendment to the proffers. Continued use of the Property for retail and other permitted uses in the B-4 district shall not require an amendment to this plan, albeit subject to site plan approval as required by law. Proffer 2: When developed for multi-family purposes, the Property shall be developed in substantial conformity with the exhibit prepared by Cox, Kliewer & Company, P.C., entitled "Conceptual Site Plan for New Mixed Use Development The Promenade at Kemps River Crossing", Scheme 24 dated October 20, 2022, (the "Conceptual Site Plan"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. Proffer 3: The Conceptual Site Plan provides for an Area to be Dedicated to the City for Future Pump Station Expansion, provided any relocation of utilities for the benefit of Grantor to an area outside the dedicated area are presented to the Grantor in advance, are fully accommodated, do not interfere with the development, and are relocated by Grantee at Grantee's sole expense. Proffer 4: The quality of architectural design and materials of the multifamily residential buildings constructed on the Property, when developed, shall be in substantial conformity with the exhibit prepared by Cox, Kliewer & Company, P.C., entitled "Conceptual Elevation — revised3 The Promenade at Kemps River Crossing" dated October 20, 2022 (the"Elevations"), a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. The accent color chosen based on final branding shall be subject to the review and approval of the Director of Planning & Community Development; approval shall not be unreasonably withheld. Proffer 5: The quality of architectural design and materials of the Clubhouse for the multi-family residential buildings, when developed on the Property, shall be in substantial conformity with the exhibit prepared by Cox, Kliewer & Company, P.C., entitled "Conceptual Clubhouse Elevations The Promenade at Kemps River Crossing", dated September 16, 2022 (the "Clubhouse") "), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. Proffer 6: The number of multi-family residential units located on the Property, when developed, shall not exceed a total of three hundred twenty-two (322). Proffer 7: Landscaping installed on the property, when developed shall meet applicable City Code requirements as segments of the property are redeveloped and they shall be located in substantial conformity with the conceptual site plan referenced above which has been reviewed by the City Council and is on file with the Virginia Beach Planning Department. Proffer 8: The free-standing signs for the apartments shall be located where shown on the site plan. They shall be monument-style and shall not exceed a height of eight(8)feet. The proposed signs shall conform with the Zoning Ordinance. The materials, design and color pallets of the free-standing signs shall match those of the architecture, and color pallet of the apartments. Proffer 9: Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. Staff Comments: Staff has reviewed the Proffers listed above and finds them acceptable. The City Attorney's Office has reviewed the agreement and found it to be legally sufficient and in acceptable legal form. From:William Knowles<billandbobbiel@verizon.net> Sent: Friday, December 9, 2022 9:43 AM To: Nutter, R.J. <rj.nutter@troutman.com> Subject: Re: Update on Kemps River EXTERNAL SENDER Good Morning Mr. Nutter: A group of members with Acredale Civic League upon your request and Councilman Holcomb for presentation on changes to Kemps River Crossing. Everyone in attendance was pleased with your presentation and the changes were better than we expected. We have been concerned for months about the vacant spaces in the shopping center and what it could attract. As we saw the presentation it was very similar to the changes to Kemps Landing School. Thank you for reaching out to us. Respectfully, Bill Knowles Kern1/3 River Crossi November 2022 Water Quality Improvement ,,,,„Virginia R.o,h Public works C!P 100161.007 Quick Facts Project cost Purpose of project Design: $125,000 The City's goal is to improve water quality in its local Private Utility Relocation: $50,000 • waterways to support recreational and fishing uses. Construction: $420,000 This project will improve water quality in Lake Total $595,000 James. This lake flows into the Eastern Branch of the Project schedule Elizabeth River, which is in the Chesapeake Bay Design: 03/2019 - 11/2022 Watershed. The pollutant removal benefits will be Private Utility Relocation: 03/2022 - 12/2022 credited towards the City's requirements for the Construction: 11/2023 -08/2024 Chesapeake Bay Total Maximum Daily Load. Project pollutant removal benefits Total phosphorus removal 4.95 lbs/year How the project improves water quality Suspended solids removal 714 lbs/year Stormwater draining from roadways contains _ a pollutants that flow into Lake James and the Elizabeth River without any treatment. A stormwater A - ... facility will be installed underground adjacent to - KEMPSRIVER Fordham Drive in the Kemps River Crossing Shopping iwitur., Plaza. By installing an underground treatment Q. - system, both trash and some sediment containing 4. 4s{, phosphorus can be removed before flowing to local 4t, 4.00 ' waterways. The treatment system will remove ii 1 pollutants through a circular vortex and sediment . *a collection structure, as depicted in the figure below. - .44 • Current status of project and next steps -;fir . ` , ,'Y` The design phase is complete.The construction • 0:- "T ., '` KEPI: .., phase is to begin November 2023, following the ' > .- • .4. . fiv, .,,, 4,0, , ,,iii ;, relocation of private utilities. The project is . ,_, expected to be complete by August 2024. `�` Alp _ = _ •, iiimir -.... . , __. ,_... - - Contact Information t II Bashar Qagish "az% . iiir Public Works Engineering + f ,) (757) 385-8045 I( STORMWATER MANAGEMENT A * bgagish@vbgov.com www.vbgov.com/stormwater-program R5D� / *. / . , _ \ \'Cj:1,/ // Al2 \ 0 \cP" / �v 12 12 i st-4 Al 2 - /r,-c) /,, \c\ \_.5 / ' -, //oeo /2 Ar/z G2 I O 0�// % o ,o,A G,,,2 111,1, ou 7- , / 7 77 \ / \\c , , M°net c/,T,\ � 0 Q\ \ '3%-- \ K . _\>- -° B2 B2 d . R5D,R5D 0 R5D a LA o �o RSD� • ,().‹ . \ ' s V .C . \ c).-/ , /c/'1 0, K\, Express Wash Property Holdings, LLC N /// Site 3503 Dam Neck Road, a portion of a 66-foot VEPCO right-of-way W���: Property Polygons east of 3503 Dam Neck Road and the western portion s Q Zoning of the parcel on the corner of Dam Neck Road & Monet Drive Building � =Emil � •Immi Feet 0 30 60 120 180 240 300 360 417, �(4) 71 lL�;�i CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: EXPRESS WASH PROPERTY HOLDINGS, LLC [Applicant] LES S. KUSHNER, TRUSTEE OF THE IRENE G. SCHWARTZ QUALIFIED TERMINABLE INTEREST PROPERTY MARITAL TRUST, STEVEN B. SANDLER, ARTHUR B. SANDLER, ESTATE OF MORTON BRESENOFF & VIRGINIA ELECTRIC AND POWER COMPANY [Property Owners] Conditional Change of Zoning (AG-2 Agricultural District to Conditional B-2 Community Business District) Conditional Use Permit (Car Wash Facility) for the property located at 3503 Dam Neck Road, a portion of a 66-foot VEPCO right-of-way east of 3503 Dam Neck Road and the western portion of the parcel on the corner of Dam Neck Road and Monet Drive (GPIN 1495012832, 1485841210, 1495024374). COUNCIL DISTRICT 2, formerly Princess Anne MEETING DATE: January 17, 2023 • Background: The applicant is requesting to rezone 3.48 acres along Dam Neck Road from AG- 2 Agricultural District to Conditional B-2 Community Business District, as well as a Conditional Use Permit to construct and operate a Car Wash Facility. The properties are located within the 70-75 dB DNL noise zone and APZ-2 and are currently undeveloped. The proffered Conceptual Site Plan depicts a 3,710 square-foot, single-bay car wash facility with three parking spaces designed for employees and 20 vacuum spaces, thereby meeting the parking requirement as set forth in the Zoning Ordinance. Ingress/egress to the site is proposed along Dam Neck Road with staging, stacking, and ingress/egress of vehicles provided through a portion of the adjacent properties to the east. The proposed elevations depict a one-story building with beige brick and EIFS. The height of the building at its highest point will be 29 feet and 8 inches. An eight- foot tall freestanding monument style sign is also proposed with a brick base and materials to match the proposed building. The proposed dumpster enclosure, vacuum canopy, and pay canopy all match the colors and materials of the proposed building. All required building foundation, interior parking lot and streetscape plantings are depicted on the landscape Plan. A deviation is requested to the required 15-foot wide Category IV landscape buffer adjacent to the residents to the south, due to an existing 120-foot wide VEPCO easement on the property. However, the applicant will still install this buffer between the pay station and the VEPCO easement to provide screening to the adjacent dwellings to the south. Express Wash Property Holdings, LLC Page 2 of 4 A Traffic Impact Analysis was reviewed by staff with some concerns with the development approach and receiving lanes from Rosemont Road and Dam Neck intersection. A Condition has been recommended to indicate that all improvements identified in the TIA shall be designed and built to mitigate traffic impacts. Traffic Engineering Staff will provide more detailed comments during the site plan review process. There is an existing shared use path on the property owned by Dominion and it will be relocated to the far east to limit conflict points with pedestrians and vehicles. • Considerations: In Staffs view and the Planning Commission concurred, these requests to rezone the property and Conditional Use Permit to operate a Car Wash Facility is acceptable, as they are in keeping with the policies and goals of the Comp Plan for the Suburban Area. The use is compatible with the noise zone and APZ and is consistent with the commercial development to the west. A preliminary stormwater analysis was reviewed by staff and staff determined that the strategy has the potential to successfully comply with the stormwater regulations for this site. Further details pertaining to the application, as well as Staffs evaluation, are provided in the attached Staff Report. There is no known opposition to this request. • Recommendation: On December 14, 2022, the Planning Commission passed a motion to recommend this item on the Consent Agenda, passing a motion by a recorded vote of 10-0, to recommend approval of this request. 1. When the property is developed, it shall be in substantial conformance with the conceptual site plan entitled "CONCEPT SITE PLAN — 3503 DAM NECK ROAD", dated July 22, 2022, prepared by Kimley-Horn and Associates, Inc., which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 2. The 15-foot, Category IV buffer adjacent to the residentially zoned parcels to the south is provided outside of the 120-foot wide VEPCO easement. This is a deviation to the 15-foot Category buffer required along the property line adjacent to residential zoned parcels. 3. A Landscape Plan shall be submitted to the Development Services Center of the Department of Planning & Community Development for review and ultimate approval prior to the issuance of a Certificate of Occupancy that is in substantial conformance to the conceptual landscape plan entitled "CONCEPTUAL LANDSCAPE PLAN —3503 DAM NECK ROAD", dated July 22, 2022, prepared by Kimley-Horn and Associates, Inc., which has been exhibited to the Virginia Express Wash Property Holdings, LLC Page 3 of 4 Beach City Council and is on file in the Department of Planning & Community Development. 4. The exterior of the proposed buildings shall substantially adhere in appearance, size, materials to the submitted elevations entitled "EXPRESS CAR WASH — VIRGINIA BEACH, VA — 3503 DAM NECK RD. — EXTERIOR ELEVATIONS", dated May 5, 2022, prepared by CORE STATES GROUP, INC., which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 5. The car wash pay canopy shall substantially adhere in appearance, colors, and materials to the canopy elevations entitled "EXPRESS CAR WASH, VIRGINIA BEACH, VA" - CANOPY ELEVATIONS, SHEET A-201" dated 03/11/2021 , prepared by CORE STATES GROUP, INC., which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 6. The car wash vacuum canopy shall substantially adhere in appearance, colors, and materials to the canopy elevations entitled "VACUUM CANOPY, dated 08/09/2022, prepared by McGee Corporation, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 7. No water produced by activities at the facility lot shall be permitted to fall upon or drain across public streets or sidewalks or adjacent properties. 8. All on-site signage must meet the requirements and regulations of the Zoning Ordinance, unless otherwise approved by the Board of Zoning Appeals. A separate permit from the Department of Planning & Community Development is required for any new signage installed on the site. 9. The freestanding sign shall be monument style, be no taller than eight (8) feet in height measured from the ground to the top of the sign and substantially adhere in appearance, size, and materials to the submitted freestanding sign exhibits entitled "THE WAVE CAR WASH, Virginia Beach, VA, dated 9/9/2022, prepared by LAURETANO SIGN GROUP, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 10.The dumpster shall be enclosed on three sides with a solid wall in color and material to match the building as depicted on the dumpster enclosure elevation entitled "EXPRESS CAR WASH, VIRGINIA BEACH, VA — TRASH ENCLOSURE DETAILS, SHEET A-0.6.0", dated 5/5/2022, prepared by CORE STATES GROUP, INC., which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. Any required screening shall be installed in accordance with Section 245(e) of the Zoning Ordinance. Express Wash Property Holdings, LLC Page 4 of 4 11.Parking above the maximum number of parking spaces shall only be permitted with approval by the Planning Director pursuant to Section 203(b)(9) of the Zoning Ordinance. 12.AII improvements identified in the Traffic Impact Analysis (TIA) shall be designed and built to mitigate traffic impacts of the proposed development and shall be approved by Public Works Traffic Engineering through the site plan review process. 13.The existing multi-use path located on the VEPCO property shall be relocated to the east of the proposed development and a 10-foot wide landscape buffer shall be installed between the drive aisle and multi-use path. Final determination of the location of the multi-use path shall be reviewed during Site Plan submittal. 14.AII outdoor lights shall be shielded to direct light and glare onto the premises, said lighting and glare shall be deflected, shaded, and focused away from all adjoining property. Any outdoor lighting fixtures shall not be erected any higher than fourteen (14) feet. A Lighting Plan shall be provided for review and approval at the time of site plan submittal. • Attachments: Staff Report and Disclosure Statements Location Map Proffer Agreement Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department 6- '0 City Manager: #0 Applicant Express Wash Property Holdings, LLC Agenda Property Owners Les S. Kushner,Trustee of the Irene G.Schwartz Qualified Items Terminable Interest Property Martial Trust,Steven B.Sandler,Arthur B. Sandler, 7 & 8 Estate of Morton Bresenoff&Virginia Electric and Power Company City of Planning Commission Public Hearing December 14, 2022 Virginia Beach City Council District 2,formerly Princess Anne Requests #7 -Conditional Rezoning (AG-2 Agricultural District to Conditional B-2 Community Business) #8 - Conditional Use Permit (Car Wash '/ f ai°a°`v�"`. 1 rr Facility) t ),,, ` , aoIiiii jr , Staff Recommendation oc, e ' . Approval c,o f•et Staff Planner cilk '6`yc Marchelle Coleman ,,, '�, o� oyes ,c o .44/ 4., a Location Pq ��e�aa 3503 Dam Neck Road, a portion of a 66-foot _ VEPCO right-of-way east of 3503 Dam Neck , 70.,,,,iso, Road and the western portion of the parcel on the corner of Dam Neck Road and Monet Drive f GPINS V ( \ .` \\ Twinllower Lan. 1495012832, 1485841210, 1495024374 ' ` Site Size 3.48 acres AICUZ 70-75 dB DNL;APZ-2 \ . * 3 . Watershed { Southern Rivers .a I'� ° ' Existing Land Use and Zoning District =�'_ .� fir_ Undeveloped lots/AG-2 Agricultural ��-�. ";% ��� �; - � b, Cr`' , Surrounding Land Uses and Zoning Districts `' `� k ' ' �'. - "" ' North � � �i �� .: •�'�• Dam Neck Road, S Rosemont Road �\--- . ' °' .. . ' Public Works Operations/ 1-2 Heavy Industrial . t. : r °� ` 4 South \ S' '` 4 "Azi < .: ;` - Single-family dwellings/R-5D Residential --, East16. : • s Undeveloped lot/AG-2 Agricultural , , t.. Ailii► * `4..¢. ;, r. West Shopping center/ B-2 Community Business Express Wash Property Holdings, LLC Agenda Items 7 &8 Page 1 Background & Summary of Proposal • The applicant is requesting to rezone 3.48 acres along Dam Neck Road from AG-2 Agricultural District to Conditional B-2 Community Business District, as well as a Conditional Use Permit to construct and operate a Car Wash Facility. • The properties are located at the intersection of Dam Neck Road and S. Rosemont Road, within the 70-75 dB DNL noise zone and APZ-2 (Accident Potential Zone) of the Air Installation Compatibility Use Zone (AICUZ). • The Conceptual Site Plan depicts a 3,710 square-foot, single-bay car wash building with three parking spaces designated for employees and 20 spaces designated for the vacuum stations.The proposal meets the parking requirements set forth in the Zoning Ordinance. • Ingress/egress to the site is proposed along Dam Neck Road; however, as depicted on the proffered Conceptual Site Plan, staging, stacking and the ingress/egress of vehicles will be provided through a portion of the adjacent properties to the east. • The proffered elevations depict a one-story building with a varying parapet. The parapet framing at its highest point is 29 feet and 8 inches;the flat roof has a maximum height of 19 feet and 6 inches. The building exterior will be brick and EIFS in a neutral color palette.The pay canopy and canopy over the vacuum stations will be neutral in color to match the materials of the building. • The proposed Conceptual Landscape Plan reflects the required streetscape, building foundation, and interior parking lot plantings. A minimum 15-foot, Category IV landscaping buffer is required adjacent to the residentially zoned property south of the property. Due to an existing 120-foot wide VEPCO easement on the property,the applicant is requesting a deviation to this requirement. Instead, a 15-foot wide buffer is proposed between the pay station and the VEPCO easement to provide screening to the adjacent residential dwellings to the south. • The hours of operation for the car wash are proposed as 7:00 a.m.to 8:00 p.m., seven days per week. \ , 7coi ,.< y '4.6 03 Rom ., ♦, Zoning History %! o # Request ,�e° �� `�C3 1 SVR(Lot Width Reduction)Approved 06/23/2016 o� � ,j o•0 gp^e` 2 CRZ(AG-2 to Conditional B-2)Approved 07/07/2009 190G7 M Approved 2 1 3 DC09/24/ 03 4, CRZ(AG-2 to Conditional 0-2)Approved 11/08/1995 • CUP(Private Club, Lodge,Social Center, Eleemosynary A Cj/y °°( Establishment,Athletic Club)Approved 11/08/1995 Bt s / \ t' Ilir 0 * 0)7 ,<7, 1a \" en n ° Vti Application Types CUP—Conditional Use Permit MDC—Modification of Conditions STC—Street Closure SVR—Subdivision Variance REZ—Rezoning MDP—Modification of Proffers FVR—Floodplain Variance LUP—Land Use Plan CRZ—Conditional Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental Express Wash Property Holdings, LLC Agenda Items 7 &8 Page 2 Evaluation & Recommendation In Staff's opinion,these requests to conditionally rezone a 3.48-acre portion of these parcels from AG-2 Agricultural District to Conditional B-2 Community Business District and a Conditional Use Permit for a Car Wash Facility are acceptable. These requests are in-keeping with the policies and goals set forth in the Comprehensive Plan for the Suburban Area. The proposed development of this site is compatible to the commercial development to the east and provides a substantial landscape buffer for the residential uses to the south. It is anticipated that the Car Wash Facility will have minimal impacts on the adjacent properties and will provide a service to the surrounding businesses and residences. The property is located within the 70-75 dB DNL noise zone and the APZ-2 surrounding NAS Oceana. The Navy's Air Installation Compatible Use Zone Program considers the use proposed for this development compatible with this noise zone and APZ. The applicant submitted a Traffic Impact Analysis (TIA), dated August 2022,for review. It is the opinion of Staff that the traffic generated by this Car Wash Facility will result in a total of 345 average daily trips. Ultimately,the proposed use will generate lower traffic volumes when compared to other commercial uses that are permitted by-right in the B-2 Community Business zoning district. Staff has some concerns about the development approach and receiving lanes from the Rosemont Road and Dam Neck Road intersection. All Manual on Uniform Traffic Control Devices (MUTCD) requirements must be met for signalization, signing, and pavement markings before the City can accept the entrance design and will be reviewed during the site plan review process. As discussed with the applicant's engineering team, Staff will not accept on-site signage as a migration measure of the MUTCD signal visibility requirements, as the City does not have any control over private property.The engineer has agreed that they will continue to work with Staff to find a solution to include possible traffic control easements for maintenance and advance signal heads. Condition 12 has been added to ensure that applicant designs and builds all the improvements included in the TIA to help mitigate any traffic impacts of the proposed development. Additional detailed comments and further review will be provided during the site plan review process. There is an existing shared-use path located within the VEPCO owned property. As shown on the Conceptual Site Plan, there are three planned intersections within the development that will impact the use of this path for bicyclists and pedestrians.To reduce possible conflicts between vehicles and pedestrians, Staff is recommending that the shared-use path be relocated to the east, outside of the drive lanes for this development,with a 10-foot wide landscape buffer installed between the drive aisle and multi-use path. Condition 13 has been recommended to address this with final relocation to be determined during the site plan review process.The applicant is agreeable to this condition. As recommended by Staff,the applicant has submitted a preliminary stormwater management analysis to the Development Services Center(DSC) outlining their proposed stormwater strategy for this site.The DSC has reviewed the preliminary stormwater analysis and based on their findings, is confident that the submitted strategy has the potential to successfully comply with stormwater regulations for this site. Upstream and downstream impacts will be more closely reviewed during site plan review for this project to ensure that negative impacts will not occur upstream and downstream as a result of this development. More detailed information can be found in the Stormwater Impacts section of this report. Based on the considerations above, Staff recommends approval of these requests subject to the proffers and conditions listed below. Proffers The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA).The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to Express Wash Property Holdings, LLC Agenda Items 7 &8 Page 3 "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved,the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. Proffer 1: When developed, Parcel 1 shall be developed in substantial conformity with the conceptual site plan entitled "Concept Site Plan, 3503 Dam Neck Road", dated July 22, 2022, and prepared by Kimley-Horn and Associates, Inc. (the "Concept Plan"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. Proffer 2: When developed,the access improvements located on Parcel 2 that will serve the commercial use on Parcel 1 shall be developed in substantial conformity with the conceptual site plan entitled "Concept Site Plan, 3503 Dam Neck Road", dated July 22, 2022, and prepared by Kimley-Horn and Associates, Inc. (the "Concept Plan"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. Proffer 3: The quality of architectural design and materials of the building constructed on Parcel 1,when developed,shall be in substantial conformity with the exhibit prepared by Core States, entitled "Express Car Wash,Virginia Beach,VA", and dated May 5, 2022 (the "Elevations"), a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. Proffer 4: Landscaping installed on Parcel 1,when developed, shall be in substantial conformity with that shown on the exhibit prepared by Kimley-Horn and Associates, Inc., entitled "Conceptual Landscape Plan, 3503 Dam Neck Road", and dated July 22, 2022 (the "Landscape Plan"), a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. The exact species of the various types of landscaping shall be determined at final site plan review. Proffer 5: The permitted hours of operation of the car wash located on Parcel 1,when developed, shall be between 7:00am and 8:00pm, seven (7) days per week. Proffer 6: The final stormwater plan submitted to the Development Services Center(DSC)for the development of Parcel 1 and the access improvements on Parcel 2 shall be in substantial conformance with the preliminary analysis utilizing the same basic design. Proffer 7: Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. Staff Comments: Staff has reviewed the Proffers listed above and finds them acceptable. The City Attorney's Office has reviewed the agreement and found it to be legally sufficient and in acceptable legal form. Recommended Conditions 1. When the property is developed, it shall be in substantial conformance with the conceptual site plan entitled "CONCEPT SITE PLAN—3503 DAM NECK ROAD", dated July 22, 2022, prepared by Kimley-Horn and Associates, Inc., Express Wash Property Holdings, LLC Agenda Items 7 &8 Page 4 which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning& Community Development. 2. The 15-foot, Category IV buffer adjacent to the residentially zoned parcels to the south is provided outside of the 120-foot wide VEPCO easement.This is a deviation to the 15-foot Category buffer required along the property line adjacent to residential zoned parcels. 3. A Landscape Plan shall be submitted to the Development Services Center of the Department of Planning& Community Development for review and ultimate approval prior to the issuance of a Certificate of Occupancy that is in substantial conformance to the conceptual landscape plan entitled "CONCEPTUAL LANDSCAPE PLAN—3503 DAM NECK ROAD", dated July 22, 2022, prepared by Kimley-Horn and Associates, Inc.,which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning& Community Development. 4. The exterior of the proposed buildings shall substantially adhere in appearance,size, materials to the submitted elevations entitled "EXPRESS CAR WASH—VIRGINIA BEACH,VA—3503 DAM NECK RD.—EXTERIOR ELEVATIONS", dated May 5, 2022, prepared by CORE STATES GROUP, INC., which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning& Community Development. 5. The car wash pay canopy shall substantially adhere in appearance, colors, and materials to the canopy elevations entitled "EXPRESS CAR WASH, VIRGINIA BEACH,VA" -CANOPY ELEVATIONS, SHEET A-201" dated 03/11/2021, prepared by CORE STATES GROUP, INC., which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning&Community Development. 6. The car wash vacuum canopy shall substantially adhere in appearance, colors, and materials to the canopy elevations entitled "VACUUM CANOPY, dated 08/09/2022, prepared by McGee Corporation,which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning& Community Development. 7. No water produced by activities at the facility lot shall be permitted to fall upon or drain across public streets or sidewalks or adjacent properties. 8. All on-site signage must meet the requirements and regulations of the Zoning Ordinance, unless otherwise approved by the Board of Zoning Appeals. A separate permit from the Department of Planning & Community Development is required for any new signage installed on the site. 9. The freestanding sign shall be monument style, be no taller than eight (8)feet in height measured from the ground to the top of the sign and substantially adhere in appearance, size,and materials to the submitted freestanding sign exhibits entitled "THE WAVE CAR WASH, Virginia Beach,VA, dated 9/9/2022, prepared by LAURETANO SIGN GROUP, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning& Community Development. 10. The dumpster shall be enclosed on three sides with a solid wall in color and material to match the building as depicted on the dumpster enclosure elevation entitled "EXPRESS CAR WASH,VIRGINIA BEACH,VA—TRASH ENCLOSURE DETAILS, SHEET A-0.6.0", dated 5/5/2022, prepared by CORE STATES GROUP, INC.,which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning& Community Development. Any required screening shall be installed in accordance with Section 245(e) of the Zoning Ordinance. 11. Parking above the maximum number of parking spaces shall only be permitted with approval by the Planning Director pursuant to Section 203(b)(9) of the Zoning Ordinance. 12. All improvements identified in the Traffic Impact Analysis (TIA) shall be designed and built to mitigate traffic impacts of the proposed development and shall be approved by Public Works Traffic Engineering through the site plan review process. Express Wash Property Holdings, LLC Agenda Items 7 &8 Page 5 13. The existing multi-use path located on the VEPCO property shall be relocated to the east of the proposed development and a 10-foot wide landscape buffer shall be installed between the drive aisle and multi-use path. Final determination of the location of the multi-use path shall be reviewed during Site Plan submittal. 14. All outdoor lights shall be shielded to direct light and glare onto the premises,said lighting and glare shall be deflected, shaded, and focused away from all adjoining property. Any outdoor lighting fixtures shall not be erected any higher than fourteen (14)feet. A Lighting Plan shall be provided for review and approval at the time of site plan submittal. 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 recognizes this property as being within the "Suburban Area." Guiding principles have been established in the Comprehensive Plan to guard again possible threats to the stability of the Suburban Area and to provide a framework for neighbors and places that are increasingly vibrant and distinctive. The Plan's primary guiding principle for the Suburban Area is to create "Great Neighborhoods," and to support those neighborhoods with complementary non-residential uses in such a way that working together the stability and sustainability of the Suburban Area is ensured for now and the future. 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. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Dam Neck Road 34,700 ADT1 36,900 ADT 1(LOS 4"D") Existing Land Use(vacant—2.07 acres)—0 ADT Existing Zoning 2—10 ADT Rosemont Road 9,400 ADT' 12,500 ADT 1(LOS 4"D") Proposed Land Use 3—345 ADT 1 Average Daily Trips 2 as defined by a 2.07-acre 3 as defined by a 3,500 square 4 LOS=Level of Service AG-2 zoned parcel foot automated express car wash Master Transportation Plan (MTP) and Capital Improvement Program (CIP) The site is located at the intersection of Dam Neck Road and Rosemont Road and access to the site will be as the new fourth leg to the signalized intersection. Express Wash Property Holdings, LLC Agenda Items 7 & 8 Page 6 Dam Neck Road is a four lane major suburban arterial. It is shown in the MTP map as a divided roadway with a 165-foot right-of-way. There are currently no CIP projects slated for this segment of the roadway. Rosemont Road is a two lane major urban arterial.The Rosemont Road Phase V project, which is for the construction of a four-lane divided roadway from Primrose Lane/Harbringer Road to Dam Neck Road, is fully funded and is scheduled to begin construction in January 2025. Stormwater Impacts Project Stormwater Design Staff Summary This project consists of the construction a car wash. In addition to the building, this project will include associated parking areas and a stormwater management facility to support the proposed development. Stormwater runoff from the site currently sheet flows towards an existing storm sewer structure in the northern portion of the property. Stormwater runoff from the proposed buildings and surface parking lot will be collected into an underground storage facility that will treat for both water quality and water quantity before discharging offsite. The purchase of offsite nutrient credits will be utilized for any remaining water quality pollutant load reduction requirements not treated by the onsite underground storage system. Based on the information provided by Kimley Horn in the Preliminary Stormwater Analysis,the DSC agrees that the proposed conceptual stormwater management strategy can successfully comply with the stormwater requirements. Final design and detailed updates will be made during site plan submittal to ensure conformance with all requirements set forth in the Public Works Design Standards Manual. The developer of this project chose to complete a simplified Preliminary Stormwater Analysis providing calculations that demonstrate a reduction in post-development flow rates and has volunteered a condition that states all stormwater regulations will be complied with during final design. More detailed project stormwater information is listed below. Project Information Total project area: 2.16 acres Pre-Development impervious area:0.23 Acres Post-Development impervious area: 1.37 Acres Does the analysis utilize the City of Virginia Beach Master Drainage Model: No Does the analysis incorporate into design updated rainfall amounts(NOAA plus 20%) and account for 1.5' SLR:Yes Stormwater Management Facility Design Information Type of facility proposed: Underground Storage Facility with Isolator Row Total storage volume provided in proposed stormwater management facilities: 30,291 cf Description of outfall:Stormwater runoff from the site that enters into the underground storage facility will discharge directly into the existing storm sewer system in Dam Neck Road. Downstream conveyance path:This site is part of the Upper West Neck Creek Drainage Basin. Drainage from this site drains through the public storm sewer system into West Neck Creek, through the North Landing River, and ultimately into Back Bay. Back Bay drains through the Currituck Sound and into the Atlantic Ocean. Stormwater Quality Compliance Design Information Pounds of phosphorus removal per year(Ib/yr) required: 2.29 lb/yr Method of treatment proposed: Underground Detention with Isolator Row, Offsite Nutrient Credits Express Wash Property Holdings, LLC Agenda Items 7 &8 Page 7 Stormwater Quantity Compliance Design Information 2-year storm peak flow rate comparison: Pre-development=2.29cfs/Post-development= 1.75cfs. 10-year storm peak flow rate comparison: Pre-development=5.33cfs/Post-development =2.78cfs. 100-year storm peak flow rate comparison: Pre-development = 7.76cfs/ Post-development=3.96cfs. Public Utility Impacts Water The site must connect to City water.The 12-inch City water main must be tapped for water service. Sewer The site must connect to City sanitary sewer. Sewer flows must be pumped to the eight-inch City sanitary sewer force main. Public Outreach Information Planning Commission • The applicant reached out to the surrounding property owners.Two in-person meetings were scheduled,with no attendance. Due to this,the development team has been reaching out to each adjacent property owner and of those they have spoken with, no objections have been raised. • As required by the Zoning Ordinance,the public notice signs were placed on the property on November 14, 2022. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, November 27, 2022 and December 4, 2022. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on November 28, 2022. • 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 December 8, 2022. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,January 1, 2023 and January 8, 2023. • 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 January 2, 2023. • 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 January 13, 2023. Express Wash Property Holdings, LLC Agenda Items 7 & 8 Page 8 Proposed Conceptual Site Plan ..„.f ...1 ------..."-: -,---, ••••_, •---.:--- , — 1_,._„, ____ •„. __ __- •__, • ..., _....._ ___ .___... .... •• t_ --, .-,:: :::::4: •-----___ Ir.,r, ... ''...--"-- -__ _____ _ __ .-, •• , _______--------"••••-•-. . • A::. ' CI i g ' F.:2110N 'rri-lt ' 'm:... '' '"---, "*''';:r4Fi7P:C. i — -, ..t.:: 1.‘,..RCAA,TE_Y -----7 , L • . 4- . 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I _ i,*.... i , ....-.- , Express Wash Property Holdings, LLC Agenda Items 7 & 8 Page 10 Proposed Building Elevations EXTERIOR FINISH LEGEND . MARK MAtLR1A 53�... «-.� .-.r �- .:,cave.. vr.. ` ae.eaw:zaar...caa•r _ . wwr.a:eavawoor+ .. EL._ C.7P'R Jt�OCV iY wx"'lAf.'.• u. .r.V..w.y.. -z CAA WA4H I�� Zr- �"t�•Rr:'../f t'.. _ __. . eT Z<c rscrfit**.'"".'sc,c .z 4i___ s.,,r.a..ac:wc.....s ti. , III 0 - 0 0 0 0 0 ' IN : 'il , __, NORTH EAST ELEVATION S I immiummi 'Le,3`1111 mineivaiiiimmiummlimmummliimmi -.---.--- .--- /.. 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', i, *.._ . , ir '- ' i'fY. jr ,-,% .._ , .,0 a,:.), A ., . . i .. # ,,,,, , ihi, p, , 1 ti . .0,...=., 4,, 4.,. r ,,, . i .44,-,,iir- ... .; •..../T--,..;),-'-r-,,,r , -- • it 44the ,. -, -: -41-, . -` -wt.-- -i--Iiir4:. . ''' ' $:' 4 N.411*•' .Aer'' ',;:fr -. '� S ! "'e 1 _ ;r• A '; t is r ! ' a *'i"'` , , -,,,, ..„-..., , :•,:„, ..,;_,,.: .., -. ,-_,- . :,%'4"til_N ',-,:' :A 1,-..T.IN, -,4..- ,-- . : Sr siii01.,. 44 =- 4 Express Wash Property Holdings, LLC Agenda Items 7 & 8 Page 16 Disclosure Statement Disclosure Statement Planning&Community , . Development The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board,commission or other body. Applicant Disclosure Applicant Name Express Wash Property Holdings,LLC Does the applicant have a representative? ■Yes D No • If yes,list the name of the representative. Robert P.Beaman III,Esq.-Troutman Pepper Hamilton Sanders LLP 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) Please see attached. • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) Please see attached. '"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. 2"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest In the other business entity,(II)a controlling owner In one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.2020 1 I Express Wash Property Holdings, LLC Agenda Items 7 & 8 Page 17 Disclosure Statement Disclosure Statement 'NB Coy o!Virvim Beads 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?0 Yes No • If yes,what is the name of the official or employee and what is the nature of the interest? N/A Applicant Services Disclosure 1. Does the applicant have any existing flnandng(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?0 Yes • No • If yes,identify the firm and individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?■Yes ❑No • If yes,identify the firm and individual providing the service. Kimley-Horn and Associates,Inc.(Jeremy Yee) 5. Is there any other pending or proposed purchaser of the subject property?0 Yes U No • If yes,identify the purchaser and purchaser's service providers. Revised 11.09.2020 2 I Express Wash Property Holdings, LLC Agenda Items 7 & 8 Page 18 Disclosure Statement \,. 3 Disclosure Statement 111.11 city of Vininasz Beath Planning&Community Development 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?❑Yes I 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. Kimley-Horn and Associates,Inc.(Jeremy Yee) 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. Troutman Pepper Hamilton Sanders LLP(Robert Beaman) 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. S Ft Applicant Signature Sam Freeman,Chief Development Officer Print Name and Title 09/08/2022 Date Is the applicant also the owner of the subject property? 0 Yes I 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 ® Nochangesasof Date 12/29/2022}signature l'"1""4r"° , Marchelle L. Coleman Revised 11.09.2020 3 I P a c- - Express Wash Property Holdings, LLC Agenda Items 7 &8 Page 19 Disclosure Statement Express Wash Property Holdings,LLC Sole Member: Express Wash Acquisition Company.LLC(Member Managed) Sole Member: Express Wash Intermediate,LLC Sole Member: Express Wash TopCo,LLC Members: A&M Capital Partners,Wave Wash Holdings,LLC(David Moye.Jr.),MLK Car Wash Holdings,LLC(David Moye,Jr.and Frank Bennett,Sr.), Peters Creek Car Wash holdings,LLC(David Moye,Jr. and Frank Bennett,Sr.),Jimmy Carter Blvd Car Wash Holdings,LLC(David Moye,Jr.and Frank Bennett,Sr.), San Jose Car Wash Holdings,LLC(David Moye,Jr.and Frank Bennett,Sr.),Merrill Rd Car Wash Holdings,LLC (David Moye,Jr.and Frank Bennett,Sr.),and Spotless OpCo Holdings,LLC(Marcy Hirshberg and Frank Bennett,Sr.) Officers: Sean Epps—Acting President Frank O.Bennett- Interim Co-Vice President D.Brooks Moye—Interim Co-Vice President Kyle Poyer -Chief Financial Officer Jose Costa—Chief Executive Officer Sam Freeman—Chief Development Officer Affiliates/Subsidiaries: Please see attached list. Express Wash Property Holdings, LLC Agenda Items 7 &8 Page 20 Disclosure Statement Disclosure Statement City of Virma Said' Planning&Community Dev opment Owner Disclosure Owner Name Les S.Kushner,Trustee of the Irene G.Schwartz Qualified Terminable Interest Property Marital Trust,Steven B.Sandler,Arthur B.Sandler,Estate of Morton Bresenoff Applicant Name Express Wash Property Holdings,LLC Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business?■Yes ❑No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Les S.Kushner,Trustee • If yes,list the businesses that have a parent-subsidiary3 or affiliated business entity'relationship with the Owner. (Attach a list if necessary) N/A Known Interest by Public Official or Employee Does an offidal 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? N/A 3"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 11.0.9.2020 5 I Express Wash Property Holdings, LLC Agenda Items 7 & 8 Page 21 Disclosure Statement Disclosure Statement City L J►m..Both Planning&Community Development Owner Services Disclosure 1. Does the Owner have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑Yes ■No • If yes,identify the financial institutions providing the service. 2. Does the Owner have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ■Yes ❑No • If yes,identify the company and individual providing the service. Colliers(Jeff Fritz) 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. 4. Does the Owner have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes • No • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?❑Yes •No • If yes,identify the purchaser and purchaser's service providers. 6. Does the Owner have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?0 Yes •No • If yes,identify the company and individual providing the service. 7. Does the Owner have an engineer/surveyor/agent in connection with the subject of the application or arty business operating or to be operated on the property?❑Yes •No • If yes,identify the firm and individual providing the service. Revised 11.09.2020 6 I Express Wash Property Holdings, LLC Agenda Items 7 & 8 Page 22 Disclosure Statement scos .re. ._ aem`ent , 3 • •Planning&Community - 4' Development 5' 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. Faggert&Frieden{Carol Hahn) Owner Sll;nature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate, I understand that, upon receipt of notification that the application has been scheduled for public hearing,1 am responsible for updating the Information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Owner Signature Les S.Kushner,Trustee Print Name and Title 09/08/2022 Date Revised 2 1.09.2020 7 I P a g e Express Wash Property Holdings, LLC Agenda Items 7 & 8 Page 23 Disclosure Statement 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. Faggert&Frieden(Carol Hahn) 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. ne i t Print Name and Title Date 7I Express Wash Property Holdings, LLC Agenda Items 7 & 8 Page 24 Disclosure Statement It ,„„io, Disclosure Statement i' Planning&Commu • Development 8. Is the Owner receiving legal services in connection with the subject of the application or any business operating or to be operated on the property? Yes 0 No • If yes,identify the firm and individual providing legal the service. Faggert&Frieden(Carol Hahn) Owner Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee In connection with this application. Owner Signature -- -Ir-}l atl s-- rve.ler _ Print Name and Title �k4112Z Date 71 Express Wash Property Holdings, LLC Agenda Items 7 & 8 Page 25 Disclosure Statement • r a. - D sc osure=S a ement.� \/13 C'ty 4/rtryvvii B • Planning&Community :. :_< Development 8. Is the Owner receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?*Yes 0 No • If yes,identify the firm and individual providing legal the service. Faggert&Frieden(Carol Hahn) Owner Signature I certify that all of the information contained In this Disclosure Statement Form Is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the Information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee In connection with this application Owner Sig ature �' no,t C ��sR r 4�� 7�tcy` �; 1=-S�Q � �� O r�on �C�S.2f1G Print Name and Title Date • Revbed11.09.2020 - — -- - — 7)P a g e Express Wash Property Holdings, LLC Agenda Items 7 & 8 Page 26 Disclosure Statement Disclosure Statement Vi3 cay,finyin,Mud, Planning&Community Development Owner Disclosure Owner Name Virginia Electric and Power Company Applicant Name Express Wash Property Holdings,LLC Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business?®Yes 0 No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Please see attached. • If yes,list the businesses that have a parent-subsidiary3 or affiliated business entity4 relationship with the Owner. (Attach a list if necessary) Please see attached. Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes ®No • If yes,what is the name of the official or employee and what is the nature of the interest? N/A 3"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 Wage Express Wash Property Holdings, LLC Agenda Items 7 &8 Page 27 Disclosure Statement Disclosure Statement 1 City ref111104aBah* Planning&Community Development Owner Services Disclosure 1 Does the Owner have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑Yes © No • If yes,identify the financial institutions providing the service. 2. Does the Owner have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes No • If yes,identify the company and individual providing the service. 3. Does the Owner have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?❑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?❑Yes ®No • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?❑Yes ®No • If yes,identify the purchaser and purchaser's service providers. 6. Does the Owner have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?❑Yes J 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 I No • If yes,identify the firm and individual providing the service. Revised 11.09.2020 6 I P a g e Express Wash Property Holdings, LLC Agenda Items 7 & 8 Page 28 Disclosure Statement Disclosure Statement City of Virginia Basch Planning&Community Development 8. Is the Owner receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?❑Yes ®No • If yes,identify the firm and individual providing legal the service. Owner Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Owner Signature tK, �"1ie L,.c Vrthhai ►w17 artteal Ktfet n✓.0 Print Name and Title Date Revised 11.09.2020 7 I P a g e Express Wash Property Holdings, LLC Agenda Items 7 & 8 Page 29 Disclosure Statement Virginia Electric and Power Company 1. Officers: 1. Carlos M. Brown(SVP/General Counsel/Chief Compliance Officer) 2. James R.Chapman(EVP/CFO/Treasurer) 3. Karen W.Doggett(Asst.Corp.Sec.) 4. Edward H.Baine(President) 5. Carter M.Reid(EVP/Chief of Staff/Corporate Sec.) 2. Directors: Edward H.Baine,Robert M.Blue,Diane Leopold Express Wash Property Holdings, LLC Agenda Items 7 &8 Page 30 Disclosure Statement VIRGINIA ELECTRIC AND POWER COMPANY Secretary's Certificate I,the undersigned, hereby certify that I am Assistant Corporate Secretary of Virginia Electric and Power Company,a Virginia public service corporation(the "Company"). I further certify that the signature and delegation of authority(Attachment 1)has not been amended or revoked and that the same is now in full force and effect until revoked. I further certify that the below named person has been duly authorized by said Company and is the incumbent of the respective office below set opposite his name: Michael C.Brennan Authorized Representative IN WITNESS WHEREOF, I have hereunto set my hand and have affixed the corporate seal of said Company this 30th day of August 2022. - Karen W. Doggett CORPORATE SEAL °vt og?OR,�T k�c z_ SEAL it 11_ 1909 Express Wash Property Holdings, LLC Agenda Items 7 & 8 Page 31 Disclosure Statement ATTACHMENT 1 VIRGINIA ELECTRIC AND POWER COMPANY Transcript From Records Effective July 15,2022 I hereby delegate to Jason R. Hawkins, Kyle A. Keno,and Michael C.Brennan(each, an"Authorized Representative")the authority to enter into,execute,acknowledge, deliver and accept, in the name and on behalf of Virginia Electric and Power Company (the"Company"),any and all contracts,agreements,easements,instruments,waivers, licenses,consents and any other documents that are related to the use of property for the installation,operation and maintenance of electrical equipment and related facilities, each such transaction not to exceed $500,000. The Authorized Representative shall observe all limitations on the authority delegated as established from time to time by the Company's approval policies.This delegation of authority shall be effective as of the date of electronic acceptance hereof,and any acts consistent with this delegation prior to the effective date are hereby ratified and confirmed.This delegation shall not restrict or limit my authority,and may be revoked at any time by written instrument or electronic transmission. Unless earlier revoked,this delegation shall terminate upon the termination of the Authorized Representative's employment with the Company. By: /s/J.Kevin Curtis J. Kevin Curtis Vice President—Transmission Express Wash Property Holdings, LLC Agenda Items 7 & 8 Page 32 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. Express Wash Property Holdings, LLC Agenda Items 7 &8 Page 33 Prepared by and return to: Robert P.Beaman III,Esq.(VSB No.74668) Troutman Pepper Hamilton Sanders LLP 222 Central Park Avenue,Suite 2000 Virginia Beach,VA 23462 AGREEMENT 411 THIS AGREEMENT(this"Agreement"),made this day of Sk119%)22, by and between EXPRESS WASH PROPERTY HOLDINGS, L C ("Express Wash", to be indexed as grantor); LES S. KUSHNER, TRUSTEE OF THE IRENE G. SCHWARTZ QUALIFIED TERMINABLE INTEREST PROPERTY MARITAL TRUST ("Schwartz Trust", and to be indexed as grantor); Steven B. SANDLER ("SBS", and to be indexed as grantor); Arthur B. SANDLER ("ABS", and to be indexed as grantor; ESTATE OF MORTON BRESENOFF (the "Estate", and to be indexed as grantor); VIRGINIA ELECTRIC AND POWER COMPANY ("Dominion", and to be indexed as grantor) (Dominion, Express Wash, Schwartz Trust, SBS, ABS, and the Estate are hereinafter collectively referred to as "Grantors"); and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia(hereinafter referred to as the"Grantee",and to be indexed as grantee). WITNESSETH: WHEREAS, Schwartz Trust, SBS, ABS and the Estate are the current owners of that certain parcel located in the City of Virginia Beach, Virginia, having an address of 3503 Dam Neck Road, Virginia Beach, VA 23453 and being identified as GPIN 1495-01-2832-0000, together with a portion of that certain parcel located in the City of Virginia Beach and identified as GPIN 1495-02-4374-0000, as more particularly described in Exhibit A attached hereto and incorporated herein by reference ("Parcel 1");and WHEREAS, Dominion is the current owner of that certain parcel located in the City of Virginia Beach identified as a portion of GPIN 1485-84-1210-0000, and more particularly described in Exhibit B attached hereto and incorporated herein by reference ("Parcel 2", and together with Parcel 1, the "Property"); and WHEREAS, Express Wash is the current contract purchaser of Parcel 1, and has entered into a License Agreement with Dominion with respect to ingress and egress over Parcel 2; and WHEREAS, Grantors have initiated an amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee, so as to change the classification of the Property from AG-2 to Conditional B-2; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes, including mixed-use purposes, through zoning and other land development legislation; and WHEREAS, Grantors acknowledge that competing and sometimes incompatible uses conflict, and that in order to permit differing uses on and in the area of the subject Property and at the same time to recognize the effects of the change and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to GPINs: 1495-01-2832-0000; 1485-84-1210-0000(portion); 1495-02-4374-0000(portion) 119012789v7 land similarly zoned Conditional B-2 are needed to cope with the situation to which the Grantors' rezoning application gives rise; and WHEREAS, Grantors have voluntarily proffered in writing in advance of and prior to the public hearing before the Grantee,as part of the proposed conditional amendment to the Zoning Map,in addition to the regulations provided for in the existing B-2 zoning district by the existing City's Zoning Ordinance (CZO), the following reasonable conditions related to the physical development, operation and use of the Property to be adopted as a part of said amendment to the new Zoning Map relative to the Property, all of which have a reasonable relation to the rezoning and the need for which is generated by the rezoning; and WHEREAS, said conditions having been proffered by the Grantors and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, such conditions shall continue in full force and effect until a subsequent amendment changes the zoning on the Property covered by such conditions; provided, however,that such conditions shall continue despite a subsequent amendment if the subsequent amendment is part of the comprehensive implementation of a new or substantially revised zoning ordinance, unless, notwithstanding the foregoing, these conditions are amended or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and executed by the record owner of the subject Property at the time of recordation of such instrument; provided, further, that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of the ordinance or resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee advertised pursuant to the provisions of the Code of Virginia, Section 15.2-2204, which said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent. NOW THEREFORE,the Grantors, for themselves,their successors,assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion of quid pro quo for zoning, rezoning, site plan, building permit or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation and use of the Property and hereby covenants and agrees that these proffers (collectively, the "Proffers") shall constitute covenants running with the said Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantors, their heirs, personal representatives, assigns, grantees and other successors in interest or title,namely: 1. When developed, Parcel 1 shall be developed in substantial conformity with the conceptual site plan entitled "Concept Site Plan, 3503 Dam Neck Road", dated July 22, 2022, and prepared by Kimley-Horn and Associates, Inc. (the "Concept Plan"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 2. When developed, the access improvements located on Parcel 2 that will serve the commercial use on Parcel 1 shall be developed in substantial conformity with the conceptual site plan entitled "Concept Site Plan, 3503 Dam Neck Road", dated July 22, 2022, and prepared by Kimley-Horn and Associates, Inc. (the"Concept Plan"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 3. The quality of architectural design and materials of the building constructed on Parcel 1, when developed, shall be in substantial conformity with the exhibit prepared by Core States, entitled "Express Car Wash, Virginia Beach, VA", and dated May 5, 2022 (the "Elevations"), a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. 119012789v7 2 4. Landscaping installed on Parcel 1, when developed, shall be in substantial conformity with that shown on the exhibit prepared by Kimley-Horn and Associates, Inc., entitled "Conceptual Landscape Plan, 3503 Dam Neck Road", and dated July 22, 2022 (the "Landscape Plan"), a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. The exact species of the various types of landscaping shall be determined at final site plan review. 5. The permitted hours of operation of the car wash located on Parcel 1, when developed, shall be between 7:00am and 8:00pm,seven(7)days per week. 6. The fmal stormwater plan submitted to the Development Services Center (DSC) for the devleopment of Parcel 1 and the access improvements on Parcel 2 shall be in substantial conformance with the preliminary analysis utilizing the same basic design. 7. Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. All references hereinabove to zoning districts and to regulations applicable thereto, refer to the City Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date the conditional zoning amendment is approved by the Grantee. The Grantors covenant and agree that (1) the Zoning Administrator of the City of Virginia Beach, Virginia shall be vested with all necessary authority on behalf of the governing body of the City of Virginia Beach, Virginia to administer and enforce the foregoing conditions, including (i)the ordering in writing of the remedying of any noncompliance with such conditions, and(ii)the bringing of legal action or suit to ensure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings; (2) the failure to meet all conditions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3)if aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the City Code, the CZO or this Agreement, the Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) the Zoning Map shall show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the subject Property on the map and that the ordinance and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Department of Planning and that they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and indexed in the name of the Grantors and Grantee. [Remainder of Page Intentionally Left Blank. Separate Signature Page to Follow.] 119012789v7 3 IN WITNESS WHEREOF, the undersigned Grantor executes this Agreement as of the date first written above. GRANTOR: EXPRESS WASH PROPERTY HOLDINGS, LLC /i By: ,//. Name: ins,.t,( W'euhci Title: C,rjp TA CO I ONWEALTH OF tAO CI OUNTY 0 A- ok(-6 h ,to-wit: The foregoing instrument was sworn to and acknowledged before me this 01^ day of {g , 2022,by TA ei t-roe rY�olh ,as OJ Dti of Express Wash Pr perty Holdings, LLC. S/He is either personally known to lae or has produced as identification. Witness my hand and official stamp or seal this Oh day of dlikktiotic 2022. illikptccr (50tAii\A Notary Public (SEAL) My Commission Expires: 03/7,1 Q2O'Z DOLE Registration Number:�O 0415 1 5 �`.,• �•.ps� ss 14 toTARy Slot n AU61.1G �=Z %eURG co,, ' 119012789v4 4 IN WITNESS WHEREOF, the undersigned Grantor executes this Agreement as of the date first written above. GRANTOR: THE IRENE G. SCHWARTZ QUALIFIED TERMINABLE INTEREST PROPERTY MARITAL TRUS By: , LES S. KUSHNER, TRUSTEE STATE OF FLORIDA COUNTY OF BROWARD,to-wit: The foregoing instrument was sworn to and acknowledged before me this 8TF1 day of September, 2022, by Les S. Kushner, as Trustee of The Irene G. Schwartz Qualified Terminable Interest Property Marital Trust. He is either personally known to me or has produced as identification. Witness my hand and official stamp or seal this 8th day of September, 2022. /,c Llot_aj Public (SEAL) 44, ,, Bruce E. Willing _. , COMMISSION#GG291510 EXPIRES:April 17,2023 Bonded Thru Aaron Notary 119012789v4 5 IN WITNESS WHEREOF, the undersigned Grantor executes this Agreement as of the date first written above. GRANT• ' : :� . andler STATE/COMMONWEALTH OF ui rs n.4 CITY/COUNTY OF ` /civet e. &Act, ,to-wit: The foregoing instrument was sworn to and acknowledged before me this 9 day of S. . , 2022, by Steven B. Sandler. He is either personally known to me or has produced as identification. Witness my hand and official stamp or seal this �I day of S4214. , 2022. C,3141Lc: Ahr4J4.- Notary Public (SEAL) My Commission Expires: 313(11>A11-/ Registration Number: oZ 1357.? Cynthia G. Shank Notary Public REG. # 213972 Commonwealth of Virginia MY COMMISSION EXPIRES OCTOBER 31,2024 119012789v4 6 IN WITNESS WHEREOF, the undersigned Grantor executes this Agreement as of the date first written above. GRANTOR: CLA- Arthur B. Sandler STATE/COMMONWEALTH OF Vir ih,`. CITY/COUNTY OF V I?S i vIG. C'L ,to-wit: The foregoing instrument was sworn to and acknowledged before me this q day of , 2022, by Arthur B. Sandler. He is either personally known to me or has produced as identification. Witness my hand and official stamp or seal this q day of serf• , 2022. 3,141, Notary Public (SEAL) My Commission Expires: l 3 f 311 J'-`1 Registration Number: 213S") Cynthia G.ShankNotary Public REG. * 213972 Commonwealth of Virginia MY COMMISSION EXPIRES OCTOBER 31,2024 119012789v4 7 IN WITNESS WHEREOF,the undersigned Grantor executes this Agreement as of the date first written above. GRANTOR: ESTATE OF ORTON BRESEN F By: MA C BRESENOFF, Exe STATE/COMMONWEALTH OF (kW 0.00<<L. CITY/COUNTY OF r,L ,to-wit: The foregoing instrument was sworn to and acknowledged before me this LiY day of k,„6.e -- ,2022,by Marc Bresenoff,as Executor of the Estate of Morton Bresenoff.He is either personally known to me or has produced L vets C.-trek.A.._ as identification. Witness my hand and official stamp or seal this •. of& nrb-er, 2022. 1 ._ f Notary I (SEAL) My Commission Expires:0`• i l• 020a4 Registration Number:0?01 q DI$fb 0300 _,%)6 JARixs, t io Y t�114 vows' ~ , , IP * 4114 co 119012789v4 8 • IN WITNESS WHEREOF, the undersigned Grantor executes this Agreement as of the date first written above. GRANTOR: VIRGINIA ELECTRIC AND POWER COMPANY By: Name: tc . j I'flLtn Title: RA. eritwi kir svrtfkiiv( STATE/COMMONWEALTH OF ul2,06 ,.. CITY/COUNTY OF N eimai c ,to-wit: The foregoing instrument was sworn to and acknowledgEd4efore me this 1 S} day of NNtrnb ,2022,by Mi . t I VSAnakn,as A tk a rca-u f Virginia Electric ve and Power Compersonally known to me or� Company. � an . S - is either has produced as identification. Witness my hand and official stamp or se 1 this IS day day of tb\f orsilUR 2022. UY� �A�Nbtal;y (SEAL)Pu lic My Commission Expires: 1(Zi)oll4 5 Registration Number: I Laura Paiys Meadows Commonwealth of Vrginia 414 Notary ' Commission No.793m1 My Commission Esphs V31t202S 119012789v7 10 EXHIBIT A Legal Description of Parcel 1 PARCEL A: ALL THAT certain tract, piece or parcel of land, near Land's Station, adjacent to the property formerly owned by the Norfolk-Southern Railroad, located in Princess Anne Borough, Virginia Beach, Virginia, and designated by reference to a survey made by E. E. Burroughs, Surveyor, duly of record in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 6, page 235, as follows, to-wit: BEGINNING at a post on the Land Town Road, a corner of Sawyer and this survey and running along a ditch between this survey and Sawyer S 59° E 1.29 chains to a gum stump; S 57° E 7.51 chains; S 59° E 12.91 chains to a gum;N 36° E 5.90 chains; N 39 and 3/4° E 12.63 chains; N 72 and 3/4° E 1.72 chains; S 60° E 9.25 chains; S 57 and 1/4° E 1.93 chains; S 63 and 3/4° E 2.63 chains; N 68 and 1/2° E 4.45 chains; N 70 and 3/4° E .74 chains to Holland Road; thence across the road N 46 and 1/2° E .54 chains; N 85 and 1/2° E .68 chains; N 78 and 1/2° E 1.04 chains; S 7 and 3/4° E 1.91 chains; S 1 and 3/4° W 1.00 chains; S 18° W 81 chains; S 47 and 3/4° W 1.43 chains to Holland Road; thence across the road S 30 and 1/2° W 2.42 chains to a ditch; thence along the ditch S 14 and 1/4° W 6.49 chains; S 18 and 3/4° W 2.71 chains; S 24° W 3.03 chains; S 28° W 6.00 chains; S 88° W 46.76 chains to a ditch between this survey and Land; thence along the ditch N 6°W 7.17 chains; N 7° W 19.59 chains to Land Town Road; thence along the Road N 36 and 1/2° E 7.70 chains to the point of beginning, containing One Hundred Twenty(120) acres. PARCEL B: ALL THOSE certain lots, pieces or parcels of land, situate, lying and being near Landtown in Princess Anne Borough of the City of Virginia Beach, Virginia, as can be seen by reference to a plat made by J. E. Old, Surveyor, dated May, 1913, and duly of record in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 6, at page 81, the parcels hereby conveyed being Block 39, containing 5.55 acres, Block Forty (40) containing 5.75 acres, and Block Forty-One (41), containing 5.19 acres, as shown on said plat, the said three parcels of land above described being a portion of the 70 acre tract of land as shown upon another plat made by John L. Brown, and being located on the westward said of Holland Road. LESS, SAVE AND EXCEPT approximately sixty-six (66) foot wide strip that was the Norfolk-Southern Railroad and today is owned by Virginia Electric and Power Company as recorded in Deed Book 302, at page 153 and to Norfolk, 119012789v7 10 Virginia Beach and Southern Railroad Company by various deeds recorded in Deed Book 67 at various page numbers. LESS, SAVE AND EXCEPT a tract of land of One (1) acre, heretofore conveyed to Euphas A. Fentress, et als, by John J. Balance and wife, as can be seen by reference to deed duly of record in the aforesaid Clerk's Office in Deed Book 180 at page 180. LESS, SAVE AND EXCEPT that certain 11.99 acres, more or less, on Plat recorded in Plat Book 81 at page 38, as recorded in Deed Book 1138, at page 46 to the United Jewish Foundation Incorporated and Jewish Community Center, Incorporated. LESS, SAVE AND EXCEPT that certain tract of land (105.33 acres per Plat in Plat Book 81 at page 38) to Holloman-Brown Funeral Home, Inc. as recorded in Deed Book 1138, at page 52. LESS, SAVE AND EXCEPT that certain tract of land (Block 39, 5.55 acres per Plat in Plat Book 6 at page 61) as recorded in Deed Book 1190 at page 249 to Holloman-Brown Funeral Home, Inc. LESS, SAVE AND EXCEPT that certain tract of land (0.644 acres, more or less) as contained in that Certificate of Take #553 and recorded in Deed Book 2339 at page 1127 and Order recorded in Deed Book 2393 at page 2197. LESS, SAVE AND EXCEPT that certain 0.176 acres, more or less, to the Commonwealth of Virginia as recorded in Deed Book 3205 at page 256. IT BEING the same property conveyed to Les S. Kushner and Irene Schwartz, Trustees of the Irene G. Schwartz Qualified Terminable Interest Property Marital Trust, by Deed of Correction from Les S. Kushner and Irene Schwartz, Trustees of the I.S. Schwartz Revocable Trust dated May 8, 1990, as amended, dated May 22, 2008, recorded June 20, 2008 in the aforesaid Clerk's Office as Instrument Number 20080620000730420. PARCEL C ALL THAT CERTAIN AREA OF LAND, TOGETHER WITH ANY BUILDINGS AND IMPROVEMENTS THEREON AND APPURTENANCES THEREUNTO BELONGING, SITUATED IN THE CITY OF VIRGINIA BEACH, VIRGINIA, WHICH BEING A PORTION OF GPIN PARCEL ID 14950243740000 IS DESIGNATED AS HAVING APPROXIMATELY "0.37 AC. +/-" IN SIZE AS SHOWN ON THAT CERTAIN EXHIBIT ENTITLED " CONCEPT SITE PLAN, DATED JULY 22, 2022, WHICH WAS PREPARED BY KIMLEY-HORN, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: 119012789v7 11 COMMENCING AT A POINT AT THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF DAM NECK ROAD (VARIABLE WIDTH PUBLIC RIGHT-OF- WAY) AND THE NORTHEASTERLY PROPERTY LINE OF PARCEL PID14950243740000 BEING THE TRUE POINT OF BEGINNING; AT THE BEGINNING OF A NON-TANGENT CURVE CONCAVE, SAID CURVE HAVING A RADIUS OF 1,968.86 FEET, TO WHICH A RADIAL LINE BEARS SOUTH 51°45'14" EAST; THENCE NORTEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 1°16'58" AN ARC DISTANCE OF 44.08 FEET; THENCE SOUTH 44°30'00" EAST, 367.72 FEET TO A POINT OF NON TANGENCY, THENCE SOUTH 26°38'38" WEST, 46.14 FEET TO A POINT OF NON-TANGENCY, THENCE NORTH 44°30'02" WEST, 376.57 FEET TO THE TRUE POINT OF BEGINNING CONTAINING 16,245.46 SQUARE FEET OR 0.37 ACRES, MORE OR LESS. 119012789v7 12 EXHIBIT B Legal Description of Parcel 2 ALL THAT CERTAIN AREA OF LAND, TOGETHER WITH ANY BUILDINGS AND IMPROVEMENTS THEREON AND APPURTENANCES THEREUNTO BELONGING, SITUATED IN THE CITY OF VIRGINIA BEACH, VIRGINIA, WHICH BEING A PARCEL IDENTIFIED AS GPIN PARCEL ID 14858412100000 IS DESIGNATED AS HAVING APPROXIMATELY "0.69 AC. +/-" IN SIZE AS SHOWN ON THAT CERTAIN EXHIBIT ENTITLED " CONCEPT SITE PLAN, DATED JULY 22, 2022, WHICH WAS PREPARED BY KIMLEY-HORN, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A POINT AT THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF DAM NECK ROAD (VARIABLE WIDTH PUBLIC RIGHT-OF-WAY) AND THE NORTHWESTERLY PROPERTY LINE OF PARCEL PID14858412100000 BEING THE TRUE POINT OF BEGINNING; THENCE North 2°28'04" East, 48.03 feet to the beginning of a non-tangent curve concave northwesterly, said curve has a radius of 1,968.86 feet, to which a radial line bears South 50°50'55" East; THENCE (3) northeasterly along said curve through a central angle of 0°54'18" an arc distance of 31.10 feet to a point of non-tangency; THENCE(4) South 44°30'05" East, 376.57 feet to a point of non-tangency; THENCE(5) South 26°38'38" West, 69.74 feet to a point of non-tangency; THENCE (6)North 44°30'00" West, 325.37 feet; THENCE (1)North 44°30'00" West, 37.28 feet to FEET TO THE TRUE POINT OF BEGINNING CONTAINING 24,832.92 SQUARE FEET OR 0.57 ACRES, MORE OR LESS. 119012789v7 13 Virginia Beach Planning Commission December 14, 2022, Public Meeting Agenda Items # 7 & 8 Express Wash Property Holdings, LLC (Applicant) Les S. Kushner, Trustee of the Irene G. Schwartz Qualified Terminable Interest Property Marital Trust, Steven B. Sandler, Arthur B. Sandler, Estate of Morton Bresenoff& Virginia Electric and Power Company (Property Owners) Conditional Rezoning (AG-2 Agricultural District to Conditional B-2 Community Business District) Conditional Use Permit (Car Wash Facility) Addresses: 3503 Dam Neck Road, a portion of a 66-foot VEPCO right-of-way east of 3503 Dam Neck Road and the western portion of the parcel on the corner of Dam Neck Road & Monet Drive RECOMMENDED FOR APPROVAL—CONSENT Mr. Alcaraz: Thank you. The next item items are items #7 and #8 for Express Wash Property Holdings, LLC for Conditional Rezoning for AG-2 to B-2, that's item #7 and item #8 is Conditional Use Permit for a Car Wash. Please come forward, and state your name. Mr. Beaman: Thank you Mr. Chairman. For the record, Rob Beaman, Virginia Beach Land Use Attorney, here today on behalf of the applicant. We've had a chance to read the conditions that are acceptable, and we appreciate being on consent. Thank you very much. Mr. Alcaraz: Thank you. Is there any opposition to this item being placed on the consent agenda? Hearing none, I've asked Commissioner Cuellar to please read these two items. Ms. Cuellar: Thank you. The applicant is requesting to Rezone 3.48 acres along Dam Neck Road from AG-2 Agricultural District to Conditional B-2 Community Business District. As well as a Conditional Use Permit to construct and operate a Car Wash facility. The properties are located at the intersection of Dam Neck Road, and South Rosemont Road. Being that there is no known opposition, it is both recommended by Staff and the Planning Commission to be on the consent agenda. Mr. Alcaraz: Thank you. Mr. Chair that was the last item for the consent agenda. The Planning Commission places the following applications on the consent agenda items #1, 3, 5, 6, 7, 8, 11, 12 & 13. Mr. Wall: Okay, thank you, Mr. Alcaraz. Alright, so that was not a motion, but so could you state that again as a motion? Mr. Alcaraz: Sure, I move that these items 1, 3, 5, 6, 7, 8, 11, 12 and 13 are approved for consent. Mr. Wall: Okay. Thank you. So we have a motion by Mr. Alcaraz. Do we have a second? Mr. Clemons: Second. Mr. Wall: Do we have any abstentions? An abstention by Mr. Frankenfield. Mr. Frankenfield: I am going to abstain pursuant to the Conflicts of Interests Act. I have a letter on file with the city attorney, and I have a previous business relationship with Sifen Associates and will abstain from this vote. Mr. Wall: Okay, thank you. Mr. Tajan: Just to clarify that's for item #7 on the consent agenda. I'm sorry, item #six on the consent agenda that Mr. Frankenfield is abstaining from. It should be item #6 that he's abstaining from, not the whole consent agenda. Mr. Wall: Can you speak? I couldn't hear you. Mr. Tajan: I'm sorry. Mr. Frankenfield is abstaining from item#6 on the consent agenda. He's not abstaining on the whole consent agenda. Mr. Wall: Okay. Madam Clerk: Mr. Chairman, I noted a motion by Mr. Alcaraz, a second by Mr. Clemons. The vote is open. Mr. Frankenfield, can we get your vote please? By a vote of 10 in favor, 0 against, noting an abstention by Commissioner Frankenfield from agenda item #6, agenda items 1, 3, 5, 6, 7, 8, 11, 12, and 13 have all been recommended for approval. AYE 10 NAY 0 ABS 0 ABSENT 1 Alcaraz AYE Bradley AYE Clemons AYE Coston AYE Cuellar AYE Frankenfield AYE Horsley AYE Oliver ABSENT Redmond AYE Wall AYE Weiner AYE PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. Proffer 1: When developed, Parcel 1 shall be developed in substantial conformity with the conceptual site plan entitled "Concept Site Plan, 3503 Dam Neck Road", dated July 22, 2022, and prepared by Kimley-Horn and Associates, Inc. (the "Concept Plan"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. Proffer 2: When developed, the access improvements located on Parcel 2 that will serve the commercial use on Parcel 1 shall be developed in substantial conformity with the conceptual site plan entitled "Concept Site Plan, 3503 Dam Neck Road", dated July 22, 2022, and prepared by Kimley-Horn and Associates, Inc. (the "Concept Plan"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. Proffer 3: The quality of architectural design and materials of the building constructed on Parcel 1, when developed, shall be in substantial conformity with the exhibit prepared by Core States, entitled "Express Car Wash, Virginia Beach, VA", and dated May 5, 2022 (the "Elevations"), a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. Proffer 4: Landscaping installed on Parcel 1, when developed, shall be in substantial conformity with that shown on the exhibit prepared by Kimley-Horn and Associates, Inc., entitled "Conceptual Landscape Plan, 3503 Dam Neck Road", and dated July 22, 2022 (the "Landscape Plan"), a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. The exact species of the various types of landscaping shall be determined at final site plan review. Proffer 5: The permitted hours of operation of the car wash located on Parcel 1, when developed, shall be between 7:00am and 8:00pm, seven (7) days per week. Proffer 6: The final stormwater plan submitted to the Development Services Center (DSC) for the development of Parcel 1 and the access improvements on Parcel 2 shall be in substantial conformance with the preliminary analysis utilizing the same basic design. Proffer 7: Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. Staff Comments: Staff has reviewed the Proffers listed above and finds them acceptable. The City Attorney's Office has reviewed the agreement and found it to be legally sufficient and in acceptable legal form. CONDITIONS 1. When the property is developed, it shall be in substantial conformance with the conceptual site plan entitled "CONCEPT SITE PLAN — 3503 DAM NECK ROAD", dated July 22, 2022, prepared by Kimley-Horn and Associates, Inc., which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 2. The 15-foot, Category IV buffer adjacent to the residentially zoned parcels to the south is provided outside of the 120-foot wide VEPCO easement. This is a deviation to the 15-foot Category buffer required along the property line adjacent to residential zoned parcels. 3. A Landscape Plan shall be submitted to the Development Services Center of the Department of Planning & Community Development for review and ultimate approval prior to the issuance of a Certificate of Occupancy that is in substantial conformance to the conceptual landscape plan entitled "CONCEPTUAL LANDSCAPE PLAN —3503 DAM NECK ROAD", dated July 22, 2022, prepared by Kimley-Horn and Associates, Inc., which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 4. The exterior of the proposed buildings shall substantially adhere in appearance, size, materials to the submitted elevations entitled "EXPRESS CAR WASH — VIRGINIA BEACH, VA— 3503 DAM NECK RD. — EXTERIOR ELEVATIONS", dated May 5, 2022, prepared by CORE STATES GROUP, INC., which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 5. The car wash pay canopy shall substantially adhere in appearance, colors, and materials to the canopy elevations entitled "EXPRESS CAR WASH, VIRGINIA BEACH, VA" - CANOPY ELEVATIONS, SHEET A-201" dated 03/11/2021, prepared by CORE STATES GROUP, INC., which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 6. The car wash vacuum canopy shall substantially adhere in appearance, colors, and materials to the canopy elevations entitled "VACUUM CANOPY, dated 08/09/2022, prepared by McGee Corporation, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 7. No water produced by activities at the facility lot shall be permitted to fall upon or drain across public streets or sidewalks or adjacent properties. 8. All on-site signage must meet the requirements and regulations of the Zoning Ordinance, unless otherwise approved by the Board of Zoning Appeals. A separate permit from the Department of Planning & Community Development is required for any new signage installed on the site. 9. The freestanding sign shall be monument style, be no taller than eight (8) feet in height measured from the ground to the top of the sign and substantially adhere in appearance, size, and materials to the submitted freestanding sign exhibits entitled "THE WAVE CAR WASH, Virginia Beach, VA, dated 9/9/2022, prepared by LAURETANO SIGN GROUP, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 10. The dumpster shall be enclosed on three sides with a solid wall in color and material to match the building as depicted on the dumpster enclosure elevation entitled "EXPRESS CAR WASH, VIRGINIA BEACH, VA—TRASH ENCLOSURE DETAILS, SHEET A-0.6.0", dated 5/5/2022, prepared by CORE STATES GROUP, INC., which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. Any required screening shall be installed in accordance with Section 245(e) of the Zoning Ordinance. 11. Parking above the maximum number of parking spaces shall only be permitted with approval by the Planning Director pursuant to Section 203(b)(9) of the Zoning Ordinance. 12. All improvements identified in the Traffic Impact Analysis (TIA) shall be designed and built to mitigate traffic impacts of the proposed development and shall be approved by Public Works Traffic Engineering through the site plan review process. 13. The existing multi-use path located on the VEPCO property shall be relocated to the east of the proposed development and a 10-foot wide landscape buffer shall be installed between the drive aisle and multi-use path. Final determination of the location of the multi-use path shall be reviewed during Site Plan submittal. 14. All outdoor lights shall be shielded to direct light and glare onto the premises, said lighting and glare shall be deflected, shaded, and focused away from all adjoining property. Any outdoor lighting fixtures shall not be erected any higher than fourteen (14)feet. A Lighting Plan shall be provided for review and approval at the time of site plan submittal. 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. :LE' aeab AG2 AG24116. �. `OaralR- , o c AG2 ° , .//,/// C,/ AG2 cu AG2 AG2 o AG 2 r° 12 0, AG1 AG1 0 AG Q o AG Ira' ,8 B2 0 0 0 . 432 it 0 , EçD: N VA Site " w Virginia Electric and Power Company d/b/a py Property Polygons Dominion Energy Virginia s Zoning 1848 Princess Anne Road Building Feet 0 75150 300 450 600 750 900 , u~sue, r: G2 2 ,..,.L...„,,,.. CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: VIRGINIA ELECTRIC AND POWER COMPANY D/B/A DOMINION ENERGY VIRGINIA [Applicant] PUNGO AIRFIELD, LLC [Property Owner] Conditional Use Permit (Public Utility Transformer Stations & Major Transmission Lines & Towers) for the property located at 1848 Princess Anne Road (GPIN 2413142116). COUNCIL DISTRICT 2, formerly Princess Anne MEETING DATE: January 17, 2023 • Background: The applicant seeks to use a portion of the abandoned Pungo Airfield as a temporary laydown yard for the construction of the Coastal Virginia Offshore Wind (CVOW) project. Presently, an eastern portion of the 45.46-acre site is used as a mulching operation that will remain with this new proposed use. Materials such as manholes, cable reels, PVC conduit, and operational vehicles, like forklifts and crane trucks, will be stored on existing concrete pads and paved areas. No additional impervious surface will be added for this use. Access to the site will be from the existing entrance on Princess Anne Road. The proposed use is not expected to generate significant traffic volume. As the proposal does not entail more than 2,500 square feet of ground disturbance, a preliminary stormwater analysis is not required. • Considerations: In Staffs view and the Planning Commission concur, the proposed use will be minimally intrusive to adjacent property owners and residents. according to the applicant, this is a temporary use of the site for a period of three to four years to support the operations of Dominion Energy and the CVOW project. The materials to be stored will not be visible from Princess Anne Road or the residential community that is immediately north of the site as over fifty percent of the property is heavily wooded. All materials and equipment are proposed to be stored in the interior of the property behind a mature tree canopy and an existing six to eight- foot tall chain-link fence that encloses the entire site. Further details pertaining to the application, as well as Staffs evaluation, are provided in the attached Staff Report. There is no known opposition to this request. Virginia Electric and Power Company d/b/a Dominion Energy Virginia Page 2 of 2 • Recommendation: On December 14, 2022, the Planning Commission passed a motion to recommend this item on the Consent Agenda, passing a motion by a recorded vote of 10-0, to recommend approval of this request. 1. Operation of the site shall be in substantial conformance with the submitted Conceptual Site Plan exhibit entitled, "Conceptual Site Layout for Pungo Airfield Laydown Yard," dated October 26, 2022, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 2. This Conditional Use Permit shall remain in active for a period of five years from the date of City Council approval. Upon written request, an administrative approval may be granted by the Director of Planning for an extension of two additional years, prior to the expiration of the five years period. 3. The applicant shall remove and/or trim all vegetation necessary to achieve the sight distance requirement from their access point along Princess Anne Road, subject to the review and approval of the Virginia Beach Department of Public Works. 4. Access to this site shall be solely from the existing access point on Princess Anne Road as depicted on the Conceptual Site Plan referenced in Condition 1 above. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: Applicant Virginia Electric and Power Company d/b/a Agenda Item Dominion Energy Virginia Property Owner Pungo Airfield, LLC 3 A/B Planning Commission Public Hearing December 14, 2022 Virginia Beach City Council District 2, formerly Princess Anne Request Conditional Use Permit (Public Utility Transformer Stations & Major Transmission T II Lines &Towers) Nec,q oR ,r, \rAsH,..3„,EfL1Tq oR Staff Recommendation w PARk BLyo Approval „-� Staff Planner i\ 57 Hoa N. Dao t 4 Ae0DRo cr Location 1848 Princess Anne Road GPIN a 2413142116 Site Size IND,gry7t ER 45.46 acres ERA., AICUZ ----- ‹ 65-70 dB DNL; Sub-Area 2 Watershed Southern Rivers Existing Land Use and Zoning District Bulk Storage Yard/AG-1 &AG-2 Agricultural .- _ •: ..i Surrounding Land Uses and Zoning Districts - ' North Single-family dwelling,wooded parcel/AG-1 & `4 �.1, AG-2 Agricultural -.4.. '" • South Restaurant, auto repair, bank, undeveloped !Iti -"r• "c parcel/B-2 CommunityBusiness,AG-1 AG-2 • . r, Agricultural 'T f ,, — � East ik,,. st. _ �• r), Pungo Airfield (abandoned)/AG-1&AG-2 Agricultural A: West ;t. Princess Anne Road Single-family dwelling, cultivated field/AG-2 y._ .— :7! Agricultural Virginia Electric and Power Company d/b/a Dominion Energy Virginia Agenda Item 3 Page 1 Background & Summary of Proposal • The applicant is requesting a Conditional Use Permit for Public Utility Transformer Services and Major Transmission Lines&Towers to use this 45.46-acre site as a temporary laydown yard for the construction of the Coastal Virginia Offshore Wind (CVOW) project. The property, which is split-zoned AG-1 &AG-2 Agricultural District, is a portion of the abandoned 1940s era Pungo Airfield. Presently, an eastern portion of the site is used as a mulching operation that will remain with this new proposed use. • Materials such as manholes, cable reels, PVC conduit, and operational vehicles, like forklifts and crane trucks, will be stored on the property.The applicant intends to store materials and vehicles on existing concrete pads and paved areas. • The current project timeline estimates that the laydown yard will be needed for three to four years.The yard is proposed as a support storage site strictly for the CVOW project. • A trailer, 12 feet by 40 feet in size, will serve as office space. Six parking spaces will be provided for employee use. • Access to the site is from an existing single access point along Princess Anne Road. "G' d Zoning History f i A # Request `� ' I 1 CUP(Assembly Use)Approved 10/18/2022 f Ab'' 2 MDP Approved 08/07/2018 MDP Approved 02/14/2012 CRZ(Conditional PD-H2& P-1 to Conditional PH-H2& P- 1)Approved 05/10/2005 �, CRZ(AG-1&AG-2 to Conditional PD-H2& P 1)Approved 02/24/2004 SVR(Pavement Width)Approved 02/24/2004 "w cm STC Approved 02/24/2004 3 MDC Approved 09/24/2013 0 p / CUP(Outdoor Recreational Facility& Mulch Facility) Approved 07/07/2009 1 as 'i CUP(Firewood Preparation Facility)Approved t___, \---,, t -_, - 02/24/2004 ., v 4 CUP(Automotive Detailing)Approved 07/11/2000 Application Types CUP—Conditional Use Permit MDC—Modification of Conditions STC—Street Closure SVR—Subdivision Variance REZ—Rezoning MDP—Modification of Proffers FVR—Floodplain Variance LUP—Land Use Plan CRZ—Conditional Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental Evaluation & Recommendation This proposal to use a portion of the abandoned Pungo Airfield as a temporary laydown yard to support the operations of Dominion Energy and the CVOW project, in Staff's opinion, is acceptable. It is Staff's opinion that the use will be minimally intrusive to adjacent property owners and residents. As previously stated,this is a temporary use of the site. The proposed use will not be visible from Princess Anne Road or the residential community that is immediately north of the site as over fifty percent of the property is heavily wooded. All materials and equipment are proposed to be stored in the interior of the property behind a mature tree canopy and an existing six to eight-foot tall chain-link fence that encloses the entire site. The applicant also intends to use existing concrete pads, paved areas, and other structures on site rather than constructing new facilities. Virginia Electric and Power Company d/b/a Dominion Energy Virginia Agenda Item 3 Page 2 Access to the site will be from the existing entrance on Princess Anne Road. Condition 4 is recommended to ensure the entrance meets clear sight distancing requirements.The proposed use is not expected to generate significant traffic volume. As the proposal does not entail more than 2,500 square feet of ground disturbance, a preliminary stormwater analysis is not required. Based on the considerations described, Staff recommends approval of this request, subject to the conditions listed below. Recommended Conditions 1. Operation of the site shall be in substantial conformance with the submitted Conceptual Site Plan exhibit entitled, "Conceptual Site Layout for Pungo Airfield Laydown Yard," dated October 26, 2022, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 2. This Conditional Use Permit shall remain in active for a period of five years from the date of City Council approval. Upon written request, an administrative approval may be granted by the Director of Planning for an extension of two additional years, prior to the expiration of the five years period. 3. The applicant shall remove and/or trim all vegetation necessary to achieve the sight distance requirement from their access point along Princess Anne Road, subject to the review and approval of the Virginia Beach Department of Public Works. 4. Access to this site shall be solely from the existing access point on Princess Anne Road as depicted on the Conceptual Site Plan referenced in Condition 1 above. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations The Comprehensive Plan designates the subject property as located in the Rural Area of Virginia Beach. The vision for the Rural Area is for it to remain rural into the foreseeable future. This area is also located within the Transition Area which consists of about 5,900 acres bounded by Princess Anne and Sandbridge Roads along the 'Green Line'to the north, North Landing and the Princess Anne Commons area to the west, Indian River Road to the South, and New Bridge Road to the east. It is characterized by several high quality neighborhoods that include significant open space and recreational areas. Commercial development is primarily located at major intersections.The Plan calls for an integration of natural resources and open space to protect the unique natural character of the area and to enable a true transition into the Rural Area to the south. In order to provide an apparent visual shift from the suburban development character and form to rural development character and form, it should reflect a noticeable transitional pattern with contiguous and unified open space throughout. Uses in this area should be limited to low-impact, low-density residential, low- intensity non-residential, open space and recreation,and agricultural, including row-crop farming and equestrian uses. Virginia Electric and Power Company d/b/a Dominion Energy Virginia Agenda Item 3 Page 3 As this is temporary and does not include a need for urban infrastructure, and that no alterations are proposed for the existing pavement or structures,the proposal is consistent with the Comprehensive Plan recommendations. Natural & Cultural Resources Impacts The site is located in the Southern Rivers Watershed. Drainage in the Southern Rivers watershed is highly impacted by the presence of high ground water, poorly draining soils, and high water surface elevations in downstream receiving waters. The Pungo Airfield was developed here in 1943 as part of the country's war efforts during World War II. As one of two remaining World War II-era airfields in the city, Pungo Airfield is eligible for listing on the National Register of Historic Places under Criteria A and D. This is a rare resource type and was recommended for further study in the City's 2020 update to the Historic Architectural Resource Survey of the Southern Half of Virginia Beach. As described,the proposed use of the property as a temporary laydown yard for the CVOW project does not appear to include any ground disturbance or alteration of any structures on the property. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Princess Anne Road 11,960 ADT1 15,400 ADT 1(LOS 4"D") Existing Land Use Z—10 ADT Proposed Land Use —No Data Available 1 Average Daily Trips 2 as defined by a mulching 3 No information available in the °LOS=Level of Service facility and bulk storage yard ITE Trip Generation Manual for storage yard Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Princess Anne Road in the vicinity of this site is a two-lane undivided rural highway.There are no CIP projects slated for this portion of the roadway. Public Utility Impacts Water City water is not available to the property. Health Department approval is required for private wells. Sewer City sanitary sewer is not available to the property. Health Department approval is required for septic systems. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s) was placed on the property on November 14, 2022. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, November 27, 2022 and December 4, 2022. Virginia Electric and Power Company d/b/a Dominion Energy Virginia Agenda Item 3 Page 4 • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on November 28, 2022. • 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 December 8, 2022. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,January 1, 2023 and January 8, 2023. • 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 January 2, 2023 • 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 January 13, 2023. Virginia Electric and Power Company d/b/a Dominion Energy Virginia Agenda Item 3 Page 5 Proposed Site Layout I }_ 1_r- —`1K ,,a Z ••'.1r LLA., . _ r='. / \ '*Y •-, , 1 IIASHViLLE PARK, ! Oa I 1 \ -- , .. -- . _ _ , t a 15, 111111.// I, / ' w NE(FORMERLY ,,1•!GA_"zE F''-4. tT•S1) �� rf /Q_ T. GPW Z413154058000(1 , rI _ -1N-24130M1200000 1 ADDRESS UNIDFI TEED .. • 1838 PRINCESS ANNE LAND USE UNIX VIR_OPED 1 '4(14D' TAX APEA 246.128125E ® E076T11C'MACHPX.EE .LLAAANDD_l;J,r�,�EoIMRE II ZONING A . AND OTHER AN7Hi4i ! TAC AI�A't DUPLEX i1 MAP BOOK 258 PAGE 0059 STGRAQE ro/E1W W GPIN:241711126610040 ZONING AG2 ADDRESS UNIDENTIFIED .if, �i PROPOSEDO HIGH FENCE MAP BOr- 006 FACE 00' J1N0 USE UNDEVELOPED ACROSS EXISTING CONCRETE TAXAREA:2.146,055465� - ZON1NG:AG2 - v' E MAP BOOK 272C•PAGE 1772 / 'T s GPMN 241314211•'•t' T 1648 PRINCESS ANN ROAD - '~`-,,,4 -__ .s _ j LAND USE MILITA•'BASE - 2.2,, TAX AREA 1 980 4':16 SF ; 4 - _ ZONING AG1. .2 -" I; MAP 8000 251 P R i-EX 1115.-0•1041:.- '�. ,'E 0042 STORAGE.TTP �,/ C . h 4.. rSEXjEMK264 y . miii,:_ CHAINUNK - t ?... - 03947413X00 - FENCE(TYP.) y ` .„. BOARD ROAD i ' T - 3 UNDEVELOPED ' .,• Ki , '.t. A-1,612 cst.Ts SF - 1' \ � 1 �-- AG7 ' 011,PAGE 0011 APPROX.I ETLAND I r ,✓t IS-'. t APo4JX Y4£L4V7 LOCATION NOTE 2) - l, ar `-` -CATION PE04B .. 1 / h ,NOTE 21 - '' ,j ' : W PARKG SPA ; Y APPROX. ET1JWo 1 ) W SPA, , ,� I EX STRUCTURE 4- - LOCATON(NOl•E 21 i 1,- - ti r' I EX DEBRIS PILE ~\' _ I CCNSTRUC DON'_ 1F - 4 / •;'- j TRAILER . ,'" /'‘--EX STRUCTURE.../ r•7 X4 n., _•* _ '):OI SEE DETAIL SHEET , 1' e GP* : !e il +r / 1 4 4 m'�ait ,�, GP* t -�s:. E > _ '637 PRINCESS ANNE ROAD E ' .. - ' _ - ' -LAND USE UNDEVELOPED _ TAX AREA 50.600.53 SF M-� t,`r - ' ZONING AG2 1 . #jig - 4,411r.`: i"' E _: -. ® , 11 t'. fe -_ J - APPRDX W01L4ND P NAP 6001C 181 PAGE 0001 i 1 t ; . _ 1- LOCATION(NOTE 2) ` PARCEL 8-2 ,.a '! •- L t8. �, i OP1N:24130vr500 / `.I 1=, LAND USE - ' 08 647 PG-212.215- ' 'a ‘- i 11 200:F HEN, _ + - rr GPM 24132320960000 1 ;� .MKS �'-.EQUIPMENT PARK i N G = ' 1900 INDIAIN RIVER ROAD EX( - - CHAINUNK •`ICI t .- - ' LAN USE:MKJTARY BASE j I FENCE(1^fP.$�U' v TAX AREA 9.49r454.51 SF ff APPROX.WE ZONING:AG2 y4. Q LOCATION(NOTE 2, 8 AI tr MAP LOOK 013.PAGE 0014 GPII 2413038452270." ' ,•- --.— " •"�"�. --� 11,44 PRINCESS MINE ROAD I i --� / '" •LAND USE COmERCUL . TAX AREA'36279 2'SF ) / y__ �-`! ZQNIN°.82 I I °PIN 24131219730000 *-- k':P BOOK 258 PAGE 0041 = ADDRESS UNIDENTIFIED ® c ,� 1 LAND USE'LRN00PE0 = - 1 — _ • j 1 TAX AREA:628.469-01 SF - -1 ' 1 1 ZONIN AG2 , -. i f MAP BOOK 008.PAGE 0325 �' • -��- T-. 1 Mfr. \ --_._ /±... i 1 . 1 i i 11* Nitlii Vt.: / I // a ....L. _, ..,...___ ,z_._111.,1,11141.,,,,....._ __ .,......__.....4. ._ , Virginia Electric and Power Company d/b/a Dominion Energy Virginia Agenda Item 3 Page 6 Site Photos t. .:,- „,-..,,t. ; . ,,,,,,-/-, .. ...4- Y ;fir t • t ,, t sue ,i a _ .i ..� ,• }.•,e'- - �� Z -.4!..)`� - - - _ ..sue :—.1,..7i.:,. ' � t a _lax 4 ". .' •-?fir` 1 ^' 1 :4 � * M't !. fa i -. .-w t. i - s� 9 =tea«. '- - _\ Virginia Electric and Power Company d/b/a Dominion Energy Virginia Agenda Item 3 Page 7 Site Photos Virginia Electric and Power Company d/b/a Dominion Energy Virginia Agenda Item 3 Page 8 Site Photos w ',. . 4 .‘.. V .,-... v ill. I t,"....,-. "t ........... - ,„.... . , . ,_ , 4 , .. 41‘.%.14q .w , Sr, iit, s:°. _ - r --.,,, ---, , -iiilh., . _ _ __ ...-..„-....al _, ,... ( 01..v., .„,,,,..:,: , _fs,.. .... . . • ..,,,....... • .... ...: — • ,-...___ ro. , ,. ,,,. • . .2,..-7,•. •It. „.,„ v4--,-,...4,, ., --'r —— am — "` �•��;. } `� . • m6g- d s t—-ate y .ri r. J 4 • till,-,i ,,..t._. . 4 ;: 1(,:c , 4 * J! .'sue.. i ' ..:, _ I A4 ...... s _ � ;-,fib Virginia Electric and Power Company d/b/a Dominion Energy Virginia Agenda Item 3 Page 9 Disclosure Statement Disclosure Statement V13 Cuu of t'inlineu Bwoh 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 Virginia Electric and Power Company d/b/a Dominion Energy Virginia Does the applicant have a representative? I Yes ❑ No • If yes,list the name of the representative. Tim Seldon(Geosyntec Consultants) 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) see attached list • If yes,list the businesses that have a parent-subsidiary-or affiliated business entity'relationship with the applicant. (Attach a list if necessary) see attached list ="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. itevised 11 09 202u 1 Virginia Electric and Power Company d/b/a Dominion Energy Virginia Agenda Item 3 Page 10 Disclosure Statement Disclosure Statement \43 Cii,nl Vvyiwu&such Planning&Community Development Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes ■ No • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑Yes IINo • 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?E Yes • No • If yes,identify the firm and individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?E Yes N No • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?❑Yes I No • If yes,identify the purchaser and purchaser's service providers. Revised 11.09.2020 2 I Virginia Electric and Power Company d/b/a Dominion Energy Virginia Agenda Item 3 Page 11 Disclosure Statement Disclosure Statement Cuy of iyurla Beach 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. There are no construction activities planned for this site.WESCO(Neal Allen,Manager)will be responsible for operating the site. 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. Geosyntec Consultants-Tim Seldon(Engineer),TRC Companies-Barry Brown(Surveyor) 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 IN No • If yes,identify the firm and individual providing the service. Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Applicant Signature Kevin L.Fields-Authorized Representative Print Name and Title Date Is the applicant also the owner of the subject property? ❑Yes ® No • If yes,you do not need to fill out the owner disclosure statement. FOR 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 0 No changes as of Oste 2023.01.03 Signature Print Name Hoa N.Dao Revised 11.09.2020 31Page Virginia Electric and Power Company d/b/a Dominion Energy Virginia Agenda Item 3 Page 12 Disclosure Statement VIRGINIA ELECTRIC AND POWER COMPANY Secretary's Certificate I. the undersigned. hereby certify that I am Assistant Corporate Secretary of Virginia Electric and Power Company. a Virginia public service corporation (the "Company). I further certify that the signature and delegation of authority (Attachment 1)has not been amended or revoked and that the same is now in full force and effect until revoked. I further certify that the below named person has been duly authorized by said Company and is the incumbent of the respective office below set opposite his name. Kevin L. Fields Authorized Representative IN WITNESS WHEREOF. I have hereunto set my hand and have affixed the corporate seal of said Company this 3'd day of August 2022. wre- Karen W. Doggett CORPORATE SEAL ,OSSG�4w AND pp �vwpRY Rq lo SEAL 1909 =t • •�li Virginia Electric and Power Company d/b/a Dominion Energy Virginia Agenda Item 3 Page 13 Disclosure Statement ATTACHMENT 1 VIRGINIA ELECTRIC AND POWER COMPANY Transcript From Records Effective July 1, 2019 I hereby delegate to Kevin L. Fields(the"Authorized Representative")the authority to enter into, execute, acknowledge, deliver and accept, in the name and on behalf of Virginia Electric and Power Company(the"Company"): (i)any and all agreements with third parties(including. without limitation, lease agreements and license agreements)for the purpose of the installation, operation and maintenance of communications facilities; and (ii)any and all real estate contracts, agreements, instruments, leases,waivers. consents and other related documents that may be necessary, expedient in, or incidental to the Company's business, with such authority to specifically exclude the sale of real property; and(iii)any and all permits and documents for the installation, operation and maintenance of electrical equipment and related facilities for Electric Transmission projects. The Authorized Representative shall observe all limitations on the authority delegated as established from time to time by the Company's approval policies. This delegation of authority shall be effective as of July 1, 2019, and limited to$500,000 per transaction Any acts consistent with this delegation prior to the effective date are hereby ratified and confirmed. This delegation shall not restrict or limit my authority. and may be revoked at any time by written instrument or electronic transmission. Unless earlier revoked, this delegation shall terminate upon the termination of the Authorized Representative's employment with the Company. By: Is/Edward H. Baine Edward H. Baine Senior Vice President—Distribution Virginia Electric and Power Company d/b/a Dominion Energy Virginia Agenda Item 3 Page 14 Disclosure Statement VEPCO Management Management Name Title Baine, Edward H. Director Blue. Robert M Director Leopold, Diane Director Blue, Robert M Chief Executive Officer Baine, Edward H. President Chapman James R Executive Vice President and Chief Financial Officer Reid, Carter M. Executive Vice President Chief of Staff and Corporate Secretary Arnett, Corynne S Senior Vice President-Regulatory Affairs and Customer Experience Brown. Carlos M Senior Vice President,Chief Legal Officer and General Counsel Cardiff. Michele L Senior Vice President,Controller and Chief Accounting Officer Green, Cedric F Senior Vice President-Generation Mitchell Mark D Senior Vice President-Project Construction Murray. William L Senior Vice President-Corporate Affairs Si Communications Stoddard, Daniel G. Senior Vice President and Chief Nuclear Officer Whitfield. Charlene J Senior Vice President-Power Delivery Windle, W Keith Senior Vice President-Administrative Services Wooten. Steve C. Senior Vice President and Chief Information Officer Avram Emil G Vice President-Business Development Bassey. Utibe 0 Vice President-Customer Experience Bennett, Joshua J Vice President-Offshore Wind Bradshaw, Alan W Vice President-Strategic Partnerships Chester. Elizabeth"Betsy"L Vice President-Regulatory Affairs Curtis J Kevin Vice President-Transmission Duman, L Wayne Vice President-Financial Planning&Analysis Holloway. James Vice President-Nuclear Engineering&Fleet Support Johnson, Darius A Vice President and Treasurer Jones, Ann M Vice President-Operations Support Lawrence Douglas C. Vice President-Nuclear Operations&Fleet Performance Lee, Adam S Vice President and Chief Security Officer Locke, Robert H Vice President-Distribution Operations Neal, James L Vice President-Financial Management Purohit, Prabir Vice President-Strategy Sauer, Robert W Vice President-System Operations Scott, Kelly S Vice President-Technical Services Showalter. Alma W Vice President-Tax Stites Brandon E Vice President-Project Construction Tornabene, Amanda"Mandy"B Vice President-Governance and Assistant Corporate Secretary Wellener, Wendy T Vice President-Shared Services Williams Jason E Vice President-Environmental&Sustainability Woomer Joseph A Vice President-New Business&Customer Solutions Wright,Jr Robert"Robbie"S Vice President-Grid 8 Technical Solutions Hilbert Lisa Site Vice President-North Anna Power Station Mladen, Fred Site Vice President-Surry Power Station Conway. Kelly K Controller Adkins. Lauren V Assistant Treasurer Doggett Karen W Assistant Corporate Secretary Virginia Electric and Power Company d/b/a Dominion Energy Virginia Agenda Item 3 Page 15 Disclosure Statement Evans, Jonathan T. Assistant Treasurer Kurz William J Assistant Controller Nawrocki, Alison M Assistant Controller Scott, Kathryn"Liza"J. Assistant Treasurer Virginia Electric and Power Company d/b/a Dominion Energy Virginia Agenda Item 3 Page 16 Disclosure Statement VEPCO PARENT AND SUBSIDIARY INFORMATION VEPCO Parent: Dominion Energy,Inc. VEPCO Direct Subsidiaries: Virginia Power Fuel Corporation Virginia Power Services,LLC Virginia Power Services,LLC Direct Subsidiaries: Virginia Power Nuclear Services Company Virginia Power Services Energy Corp.,Inc. VP Property,Inc. Virginia Electric and Power Company d/b/a Dominion Energy Virginia Agenda Item 3 Page 17 Disclosure Statement Disclosure Statement NIB City of V Planning&Community Development Owner Disclosure Owner Name Pungo Airfield,LLC Applicant Name Virginia Electric and Power Company d/b/a Dominion Energy Virginia Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business? I Yes ❑ No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) William Thumel-sole owner • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity`relationship with the Owner. (Attach a list if necessary) Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes I No • If yes,what is the name of the official or employee and what is the nature of the interest? '"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. °"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.2020 Wage Virginia Electric and Power Company d/b/a Dominion Energy Virginia Agenda Item 3 Page 18 Disclosure Statement Disclosure Statement 1� 0/Li nj Virginia&wt, 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 i 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 i 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 i No • If yes,identify the firm and individual providing the service. 4. Does the Owner have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes 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 i 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?D 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 i No • If yes,identify the firm and individual providing the service. Revised 11.09.2020 6 I Virginia Electric and Power Company d/b/a Dominion Energy Virginia Agenda Item 3 Page 19 Disclosure Statement Disclosure Statement C ty of Vimiain Meted Planning&Community Development 8. Is the Owner receiving legal services in connectionne with the subject of the application or any business operating or to be operated on the property?❑Yes L'f'IVO • If yes,identify the firm and individual providing legal the service. Owner Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Owner Signature / Print Name and Title 1`r 21 -- -- Date Revised 11.09.2020 7 I Virginia Electric and Power Company d/b/a Dominion Energy Virginia Agenda Item 3 Page 20 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • 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. Virginia Electric and Power Company d/b/a Dominion Energy Virginia Agenda Item 3 Page 21 Virginia Beach Planning Commission December 14, 2022, Public Meeting Agenda Item # 3 Virginia Electric and Power Company d/b/a Dominion Energy Virginia (Applicant) Pungo Airfield, LLC (Property Owner) Conditional Use Permit (Public Utility Transformer Stations & Major Transmission Lines & Towers) Address: 1848 Princess Anne Road RECOMMENDED FOR APPROVAL—CONSENT Mr. Alcaraz: Thank you. Is there any opposition to this item being placed on the consent agenda?Alright, the next agenda on the consent is item #3 Virginia Electric Power Company doing business as Dominion Energy in the Pungo Airfield, please come forward, and state your name. Mr. Selden: Good afternoon, Tim Selden with Geosyntec representing Dominion Energy Virginia. Mr. Alcaraz: Thank you; are the conditions acceptable to you? Mr. Selden: They are. Mr. Alcaraz: Alright, thank you. Is there any opposition to this item being placed on the consent agenda? Hearing none, I've asked Mr. Bradley to please speak on this. Mr. Bradley: Thank you. The applicant is requesting a Conditional Use Permit for Public Utility Transformer Services and Major Transmission. Lines and towers use this 45 and a half acre site as a temporary lay down yard for the construction of the Coastal Virginia Offshore Wind Project. This property which is split AG-1 and AG-2 Agricultural District is a portion of the 1940's era Pungo Airfield. Presently, the eastern portion of the site is used as a mulching operation and that will continue. The current project timeline estimates that the lay down yard will be needed for three to four years. Staff recommended this; there are no known opposition, so we decided to place it on our consent agenda. Mr. Alcaraz: Thank you. Mr. Chair that was the last item for the consent agenda. The Planning Commission places the following applications on the consent agenda items #1, 3, 5, 6, 7, 8, 11, 12 & 13. Mr. Wall: Okay, thank you, Mr. Alcaraz. Alright, so that was not a motion, but so could you state that again as a motion? Mr. Alcaraz: Sure, I move that these items 1, 3, 5, 6, 7, 8, 11, 12 and 13 are approved for consent. Mr. Wall: Okay. Thank you. So we have a motion by Mr. Alcaraz. Do we have a second? Mr. Clemons: Second. Mr. Wall: Do we have any abstentions? An abstention by Mr. Frankenfield. Mr. Frankenfield: I am going to abstain pursuant to the Conflicts of Interests Act. I have a letter on file with the city attorney, and I have a previous business relationship with Sifen Associates, and will abstain from this vote. Mr. Wall: Okay, thank you. Mr. Tajan: Just to clarify that's for item #7 on the consent agenda. I'm sorry, item #six on the consent agenda that Mr. Frankenfield is abstaining from. It should be item #6 that he's abstaining from, not the whole consent agenda. Mr. Wall: Can you speak? I couldn't hear you. Mr. Tajan: I'm sorry. Mr. Frankenfield is abstaining from item#6 on the consent agenda. He's not abstaining on the whole consent agenda. Mr. Wall: Okay. Madam Clerk: Mr. Chairman, I noted a motion by Mr. Alcaraz, a second by Mr. Clemons. The vote is open. Mr. Frankenfield, can we get your vote please? By a vote of 10 in favor, 0 against, noting an abstention by Commissioner Frankenfield from agenda item #6, agenda items 1, 3, 5, 6, 7, 8, 11, 12, and 13 have all been recommended for approval. AYE 10 NAY 0 ABS 0 ABSENT 1 Alcaraz AYE Bradley AYE Clemons AYE Coston AYE Cuellar AYE Frankenfield AYE Horsley AYE Oliver ABSENT Redmond AYE Wall AYE Weiner AYE CONDITIONS 1. Operation of the site shall be in substantial conformance with the submitted Conceptual Site Plan exhibit entitled, "Conceptual Site Layout for Pungo Airfield Laydown Yard," dated October 26, 2022, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 2. This Conditional Use Permit shall remain in active for a period of five years from the date of City Council approval. Upon written request, an administrative approval may be granted by the Director of Planning for an extension of two additional years, prior to the expiration of the five years period. 3. The applicant shall remove and/or trim all vegetation necessary to achieve the sight distance requirement from their access point along Princess Anne Road, subject to the review and approval of the Virginia Beach Department of Public Works. 4. Access to this site shall be solely from the existing access point on Princess Anne Road as depicted on the Conceptual Site Plan referenced in Condition 1 above. 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. R.5�D L � O10'1 �- B2 B2 __-___- a ,, ,R ' J PDH 1 PDH 1 .../ 0' ' °/ m , ...S/ V ,/ a ) _,-___„„ B2 B2 B2 0 °� 40 // , B2 Axis Court / , try ,,, 0 i ,; B2 _________, ' / 1 / (\', ----- - - Dam Neck Road= -� Dam Neck Road elpiri 1 PDH.1 B2 __ \ = B2 // N r„ Site W r�1� E f _1 Property Polygons Permanent Picture Tattoos, LLC '_Wi* Zoning 1581 General Booth Boulevard, Suite 104 S Building I. ilm mims• ■mmim Feet 0 30 60 120 180 240 300 360 r�;u icy• ��.. 2j le./ 4t? Si CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: PERMANENT PICTURES TATTOO, LLC [Applicant] DAM NECK SQUARE, LLC [Property Owner] Conditional Use Permit (Tattoo Parlor) for the property located at 1581 General Booth Boulevard, Suite 104 (GPIN 2415458709). COUNCIL 5, formerly Beach MEETING DATE: January 17, 2023 • Background: This is a Conditional Use Permit request to operate a traditional Tattoo Parlor in an existing suite in the Dam Neck Square Shopping Center. The property is located near the intersection of General Booth Boulevard and Dam Neck Road. According to the applicant, one artist is expected upon launch with plans to add up to three other artists over time. • Considerations: The only proposed change to the exterior of the building will be a wall sign identifying the business. Prior to operating, the applicant is required to obtain a business license and the Health Department must verify that the business meets all the requirements of Chapter 23 of the City Code. This section of the code establishes standards for disclosure, hygiene, licenses, waivers, proof of age, record keeping, inspections, cleanliness, vaccinations, and permitting. A Certificate of Occupancy will not be issued until the requirements of the Health Department are met. This retail service will be consistent with other retail establishments in the shopping center and is compatible with the greater than 75 dB DNL AICUZ noise level. Further details pertaining to the application, as well as Staffs evaluation, are provided in the attached Staff Report. There is no known opposition to this request. • Recommendation: On December 14, 2022, the Planning Commission passed a motion to recommend this item on the Consent Agenda, passing a motion by a recorded vote of 10-0, to recommend approval of this request. 1. A business license for the Tattoo Parlor shall not be issued to the applicant without the approval of the Health Department to ensure consistency with the provisions of Chapter 23 of the City Code. Permanent Pictures Tattoo, LLC Page 2 of 2 2. The actual application of tattoos shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 3. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon, electronic display or similar sign installed on the exterior of the building or in any window, or on the doors. A separate sign permit shall be obtained from the Planning Department for the installation of any new signs. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. 61 , Submitting Department/Agency: Planning Department City Manager: /Are Applicant Permanent Pictures Tattoo, LLC Agenda Item Property Owner Dam Neck Square, LLC Planning Commission Public Hearing December 14, 2022 ,ri,,, City Council District 5,formerly Beach Virginia Beach Request Conditional Use Permit (Tattoo Parlor) Staff Recommendation �`--`'� �'` Approval % '.NA4 Staff Planner t I w`O°D N . „�.,* '`' Elizabeth Nowak N Location 74tLGI?) 1581 General Booth Boulevard, Suite 104 sr ,o GPIN now 2415458709 Site Size , 7.26 acres (750 square-foot suite) �9/ AICUZ • & �009 0� s_ Greater than 75 dB DNL r 4,y o Watershed Southern Rivers # ( ' Existing Land Use and Zoning District Shopping center/ B-2 Community Business W ,;. P-14- - '''''TA..77-7 .14/1#t Surrounding Land Uses and Zoning Districts •-. 0-- -4 •i-• North t' r-0 1 ' _ { g ,� - -,: ii;i'.,.-,,- :1; Mini-warehouse/ B-2 Community Business -,„ : " _ . -0- • " -z , South ",t, _ ,„ .. ,f , `--.."7-: �� Dam Neck Road :„fiat ' :., `"'-L' `m Shopping center/ B-2 Community Business o -' z. East r ., ,.,,.,,",,/-,:,T7 ..-1 -,. .� General Booth Boulevard `' .' :t; :' ► "tr1, EG Automobile service station, restaurants/B-2 "`" "`RD" -- Community Business :`g !''Isrp� 4 - . ?/ i#�• "! 4 `. West . • , .:•� . ' ,,' .4it 4,,v c' , IT Multi-family dwelling/ PD-H1 Planned Unit t *, :•, �.� F ° r° Development f m 1 ,, ;, f i Permanent Pictures Tattoo, LLC Agenda Item 11 Page 1 Background & Summary of Proposal • The applicant is requesting a Conditional Use Permit to operate a traditional Tattoo Parlor in an existing 750 square- foot suite of the Dam Neck Square Shopping Center. The property is zoned B-2 Community Business and is located near the intersection of Dam Neck Road and General Booth Boulevard. • The applicant has operated a tattoo parlor in Maryland for the past 15 years and, with a recent move to Virginia Beach,wishes to expand his business here. • Hours of operation will be by appointment between 10:00 a.m.to 7:00 p.m., Monday through Saturday. • Initially, one artist—the Tattoo Parlor owner—is anticipated. There is the possibility of expanding to three additional artists in the future. • A 10-foot by one-foot-and-seven-inch building sign is proposed. • A Conditional Use Permit for a Tattoo Parlor for Suite 107 in the Dam Neck Square Shopping Center was approved by City Council on April 19, 2016.The Conditional Use Permit was limited to that existing suite,which is within 130 feet of Suite 104 Presently, there is no Tattoo Parlor operating in Suite 107 of the Dam Neck Square Shopping Center. Zoning History # Request � -�_ - - 1 CUP(Tattoo Parlor)Approved 04/19/2016 - _ _ 2 MDC(Mini-warehouse)Approved 07/06/2010 MDC(Mini warehouse)Approved 02/08/2005 gittle / 11 I MDC(Mini-warehouse)Approved 06/11/2022 SVR Approved 06/11/2002 , ' ' CUP(Tattoo Parlor)Approved 10/09/2001 • , =� _ � 3 CRZ(PD-H1 to 01)Approved 05/24/2005 , o MDC Approved 05/24/2005 CT ����' /' LUP Approved 1980 GUI4 CUP(Fuel Sales with Convenience Store)Approved - oAUNECK av 09/25/2001 -- 5 MDC(Fuel Sales with Convenience Store)Approved 41k — Iy I /� �' 02/11/2014 S ± _ CUP(Fuel Sales with Convenience Store)Approved 01/09/21996 Application Types CUP—Conditional Use Permit MDC—Modification of Conditions STC—Street Closure SVR—Subdivision Variance REZ—Rezoning MDP—Modification of Proffers FVR—Floodplain Variance LUP—Land Use Plan CRZ—Conditional Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental Evaluation & Recommendation In Staff's opinion,the request for a Tattoo Parlor is acceptable.The proposed Tattoo Parlor will be located within an existing shopping center and will be compatible with other non-residential uses there. Both the proposed use and the Dam Neck Square Shopping Center generally are compatible with the Comprehensive Plan's recommendations for the Suburban Focus Area as they provide non-residential uses that offer a mix of personal-and neighborhood-oriented services. In addition to being in the Suburban Focus Area,this site is in the greater than 75 dB DNL noise level. The proposed Tattoo Parlor is compatible with this noise level as outlined in the Air Installation Compatibility Use Zone Permanent Pictures Tattoo, LLC Agenda Item 11 Page 2 (AICUZ). The previous approval of a Conditional Use Permit for a Tattoo Parlor in this shopping center further supports the appropriateness of this location for this use. Based on its current traffic volume, General Booth Boulevard is at capacity; however, since Staff anticipates that there will be no additional trips are expected from this use in the shopping center,Staff believes that there will be no negative effect on the level of service of General Booth Boulevard. Tattoo Parlors are generally considered a typical use in shopping centers, which is why no change in estimated average daily trips is expected. An existing 763 parking spaces provide adequate parking for the shopping center,which provides ample parking for this use and the remainder of the shopping center. With their application,the applicant provided a petition of support signed by representatives of seven other businesses located in the Dam Neck Square Shopping Center. Staff recommends approval of the request subject to the conditions listed below. Recommended Conditions 1. A business license for the Tattoo Parlor shall not be issued to the applicant without the approval of the Health Department to ensure consistency with the provisions of Chapter 23 of the City Code. 2. The actual application of tattoos shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 3. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon, electronic display or similar sign installed on the exterior of the building or in any window, or on the doors. A separate sign permit shall be obtained from the Planning Department for the installation of any new signs. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations The subject property is located in the Suburban Area of the city. One of the guiding development principles of the Suburban Area is the creation and maintenance of"Great Neighborhoods,"which are stable and sustainable, and supported by complementary non-residential uses. Enhancement of existing commercial centers is encouraged by the Comprehensive Plan through means of innovative products, services, and design provided to the neighborhoods in which they are located. Preserving neighborhood quality and characteristics requires non-residential uses to maintain or enhance the existing characteristics of surrounding residential areas. Natural & Cultural Resources Impacts Permanent Pictures Tattoo, LLC Agenda Item 11 Page 3 The site is located in the Southern Rivers Watershed. Drainage in the Southern Rivers watershed is highly impacted by the presence of high ground water, poorly draining soils, and high water surface elevations in downstream receiving waters.There are no ground-disturbing activities as a part of this request and therefore no preliminary stormwater analysis is required. No historical or cultural resources will be affected by this request. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Dam Neck Road 31,500 ADT1 39,700 ADT 1(LOS 4"D") No change anticipated.' General Booth Boulevard 49,980 ADT1 49,900 ADT'(LOS4"D") 1 Average Daily Trips 2 as defined by a Tattoo Parlor in 3 LOS=Level of Service an existing Shopping Center Master Transportation Plan (MTP) and Capital Improvement Program (CIP) General Booth Boulevard in this location is a six-lane major suburban arterial. The MTP proposes an eight-lane facility within a 190-foot right-of-way; however, there are currently no roadway CIP projects programmed for this segment of General Booth Boulevard. Dam Neck Road in the vicinity of the site is a four-lane divided major suburban arterial. There are no current CIP plans to improve this section of Dam Neck Road. Public Utility Impacts Water & Sewer The site is connected to both City water and sanitary sewer. Public Outreach Information Planning Commission • A petition of support was provided to Staff by the applicant with their application.The petition has seven signatures from representatives of other businesses in the Dam Neck Square Shopping Center. • As required by the Zoning Ordinance, the public notice signs were placed on the property on November 14, 2022. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, November 27, 2022 and December 4, 2022. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on November 28, 2022. • 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 December 8, 2022. Permanent Pictures Tattoo, LLC Agenda Item 11 Page 4 City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,January 1, 2023 and January 8,2023. • 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 January 2, 2023 • 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 January 13, 2023. Permanent Pictures Tattoo, LLC Agenda Item 11 Page 5 Proposed Signage I--- 1 :i i A lit ,....e.Da I . , ._ _ 1. . i . II1 m: vi 1 .. p' INt F • - FOR LEASE A J7 Lit.rn sf: x: _ '. i / \I Pffe • • Permanent Pictures Tattoo, LLC Agenda Item 11 Page 6 Site Photos r .. ., ,, . ,.... .,1.,,....06.. .,,i , ,., , : „... .,.,,:t.,., , .., ,,_ _ ,.....4.„4„..,ri.,... .,„,* i y 7'itT4,44,4110. ..'-. t' .Y''iceici.ts„, 7. .T.:1 .;:sir -iffie '- :i%!?,';4(''-'' „4406ft " -' 'teel,.16'''Arelr *" '' 4 :.- %,..ritif.'11. aii:40 7 :' .',V"41,1 • ','' ,. 'Ayr'.''' i .-211.01W--'1' ' elk .44- _-' *,r :: r'-fi,..,1.. - _ 4,A , , ________________ _ �h_�_�_��������� a Ifs I I �itia►KI A A ' ne !1 . r -- NM 1=11 lei SIM .foie. _ " ---- A -� ' ' ni_-: c 1 _Jr.._ _i i , , ' - e I Mai ' f, „I , P .. = , 6 ifik, fr bs, - ilo: - .--ir.,..,, lam Permanent Pictures Tattoo, LLC Agenda Item 11 Page 7 Disclosure Statement Disclosure Statement Cif y of Virginia Beath 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 Permanent Pictures Tattoo LLC Does the applicant have a representative? ■Yes ❑No • If yes,list the name of the representative. Scott Cochran,Christie Cochran 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) Scott Cochran-Managing Member • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) None "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. Revised 11.09.2020 1 I Permanent Pictures Tattoo, LLC Agenda Item 11 Page 8 Disclosure Statement Disclosure Statement 'NB City of Virginia Banff Planning&Communi 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 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?0 Yes • No • If yes,identify the firm and individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?0 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?0 Yes •No • If yes,identify the purchaser and purchaser's service providers. Revised 11.09.2020 2 I Permanent Pictures Tattoo, LLC Agenda Item 11 Page 9 Disclosure Statement Disclosure Statement \B.Cit of Vi,,ini,so Planning&Communi Development111111111‘' �- 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?❑Yes • No • If yes,identify the company and individual providing the service. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?❑Yes • No • If yes,identify the firm and individual providing the service. 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 t. : • e: s prior to the m:•tins of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or co. ittee'• connection wit his app' .tion. _ - Applicant 5ignatu"...- 4111PPP._ Scott Cochran-Managing Member,Permanent Pictures Tattoo LLC Print Name and Title 09/30/2022 Date Is the applicant also the owner of the subject property? ❑Yes ® No • If yes,you do not need to fill out the owner disclosure statement. FOR 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 01/03/2023 signature /'a.44 ti Print Name Elizeth Nowak Revised 11.09-2020 3 I a g e Permanent Pictures Tattoo, LLC Agenda Item 11 Page 10 Disclosure Statement Disclosure Statement cif y of Virginia Bch Planning&Community Development Owner Disclosure Owner Name Dam Neck Square LLC Applicant Name Permanent Pictures Tattoo LLC Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business? I Yes D No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Jeffrey Stein,Managing Member • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity`relationship with the Owner. (Attach a list if necessary) Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes U 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 Permanent Pictures Tattoo, LLC Agenda Item 11 Page 11 Disclosure Statement Disclosure Statement City of Viryr>v Beach Planning&Community Development Owner Services Disclosure 1. Coes the Owner have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑Yes ®No • If yes,identify the financial institutions providing the service. 2. Does the Owner have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ID 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. 4. Does the Owner have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes Cia 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. 6. Does the Owner have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?❑Yes ® No • If yes,identify the company and individual providing the service. 7. Does the Owner have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?0 Yes ®No • If yes,identify the firm and individual providing the service. Revised 11,09.2020 6 Permanent Pictures Tattoo, LLC Agenda Item 11 Page 12 Disclosure Statement F Disclosure Statement 1A3 City of Virginia Reach 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 gI No • If yes,identify the firm and individual providing legal the service. Owner Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. O er Signature Jeffrey Stein Print Name and Title 10/3/2022 Date Revised 11.09.2020 7 Permanent Pictures Tattoo, LLC Agenda Item 11 Page 13 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • 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. Permanent Pictures Tattoo, LLC Agenda Item 11 Page 14 Virginia Beach Planning Commission December 14, 2022, Public Meeting Agenda Item # 11 Permanent Picture Tattoos, LLC (Applicant) Dam Neck Square, LLC (Property Owner) Conditional Use Permit (Tattoo Parlor) Address: 1581 General Booth Boulevard, Suite 104 RECOMMENDED FOR APPROVAL— CONSENT Mr. Alcaraz: Thank you for that, so that's #7 and #8. Now item #11 for Permanent Picture Tattoos, LLC. Please come forward. Madam Clerk: Mr. Vice Chair, I believe the applicant is via WebEx. Mr. Scott Cochran, we're going to un-mute your audio feed, if you would state your name, and if the conditions of your application are acceptable. Mr. Cochran: Hello, this is Scott Cochran joining you, and I do accept the conditions. Mr. Alcaraz: Thank you. Is there any opposition to this item being placed on the consent agenda? Hearing none, I asked Mr. Clemons to please speak on this item. Mr. Clemons: Thank you, Mr. Chair. The applicant is requesting a Conditional Use Permit to operate a traditional tattoo parlor in an existing 750 square foot suite at the Damn Neck Square Shopping Center. The property is zoned B-2 Community Business and is located near the intersection of Damn Neck Road and General Booth Boulevard. The applicant has operated the tattoo parlor in Maryland for the past 15 years, and with the recent move to Virginia Beach, they wish to expand that business. In light of Staff recommendation and no apparent opposition, commission placed this on its consent agenda. Mr. Alcaraz: Thank you. Mr. Chair that was the last item for the consent agenda. The Planning Commission places the following applications on the consent agenda items #1, 3, 5, 6, 7, 8, 11, 12 & 13. Mr. Wall: Okay, thank you, Mr. Alcaraz. Alright, so that was not a motion, but so could you state that again as a motion? Mr. Alcaraz: Sure, I move that these items 1, 3, 5, 6, 7, 8, 11, 12 and 13 are approved for consent. Mr. Wall: Okay. Thank you. So we have a motion by Mr. Alcaraz. Do we have a second? Mr. Clemons: Second. Mr. Wall: Do we have any abstentions? An abstention by Mr. Frankenfield. Mr. Frankenfield: I am going to abstain pursuant to the Conflicts of Interests Act. I have a letter on file with the city attorney, and I have a previous business relationship with Sifen Associates, and will abstain from this vote. Mr. Wall: Okay, thank you. Mr. Tajan: Just to clarify that's for item #7 on the consent agenda. I'm sorry, item #6 on the consent agenda that Mr. Frankenfield is abstaining from. It should be item #6 that he's abstaining from, not the whole consent agenda. Mr. Wall: Can you speak? I couldn't hear you. Mr. Tajan: I'm sorry. Mr. Frankenfield is abstaining from item#6 on the consent agenda. He's not abstaining on the whole consent agenda. Mr. Wall: Okay. Madam Clerk: Mr. Chairman, I noted a motion by Mr. Alcaraz, a second by Mr. Clemons. The vote is open. Mr. Frankenfield, can we get your vote please? By a vote of 10 in favor, 0 against, noting an abstention by Commissioner Frankenfield from agenda item #6, agenda items 1, 3, 5, 6, 7, 8, 11, 12, and 13 have all been recommended for approval. AYE 10 NAY 0 ABS 0 ABSENT 1 Alcaraz AYE Bradley AYE Clemons AYE Coston AYE Cuellar AYE Frankenfield AYE Horsley AYE . Oliver _ ABSENT Redmond AYE Wall AYE Weiner AYE CONDITIONS 1. A business license for the Tattoo Parlor shall not be issued to the applicant without the approval of the Health Department to ensure consistency with the provisions of Chapter 23 of the City Code. 2. The actual application of tattoos shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 3. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon, electronic display or similar sign installed on the exterior of the building or in any window, or on the doors. A separate sign permit shall be obtained from the Planning Department for the installation of any new signs. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. 62 B2 7 / ------, I , '''' --- ----,,„ - -- ,, //7 / , .. / / B2 B2 B2 co / ' ,' I, /9: .�11) B2�' B2 B2 //://11,/ pQ ''o' •7 /' / , ,.., '\,, ,.,-,,,.. ,v...t i ♦ /07://1/ /A1 A1�8 �ti I --i J 4/' oCC R-7>.Jr R7:5 /' )f) 11) i C. / /r. /,., j,- rA A Site 4 Property Polygons Christiana Rojas w-,-,__W' 2133 UptonZoning Drive, Suite 120 s Building Feet 037.575 150 225 300 375 450 iir:P;V*41;e CITY OF VIRGINIA BEACH AGENDA ITEM 1 ITEM: CHRISTIANA ROJAS [Applicant] RED MILL NORTH, LLC [Property Owner] Conditional Use Permit (Tattoo Parlor) for the property located at 2133 Upton Drive, suite 120 (GPIN 2414352667). COUNCIL DISTRICT 5, formerly Princess Anne MEETING DATE: January 17, 2023 • Background: This is an application for a Conditional Use Permit to operate a Permanent makeup Studio in the Red Mill Commons Shopping Center. The property is located along Upton Drive just south of the intersection with Nimmo Parkway. The proposed Tattoo Parlor will occupy a private room totaling 100 square feet. Services will be provided by appointment only. The applicant will be the sole operator of this studio. • Considerations: There are no exterior changes purposed to the building. While the City Council did approve a similar request within another unit in this shopping center— specifically in a salon; however, that application was limited to the application of permanent make-up. The operation of a second Tattoo Parlor within this shopping center is not expected to negatively impact other uses within the shopping center or in the vicinity. Prior to operating on the site, the applicant is required to obtain a business license and the Health Department must verify that the business meets all the requirements of Chapter 23 of the City Code. This section of the code establishes standards for disclosure, hygiene, licenses, waivers, proof of age, recordkeeping, inspections, cleanliness, vaccinations, and permitting. A Certificate of Occupancy will not be issued until the requirements of the Health Department are met. Further details pertaining to the application, as well as Staffs evaluation, are provided in the attached Staff Report. Staff received two letters of support from surrounding tenants within the shopping center. There is no known opposition to this request. • Recommendation: On December 14, 2022, the Planning Commission passed a motion to recommend this item on the Consent Agenda, passing a motion by a recorded vote of 10-0, to recommend approval of this request. Christiana Rojas Page 2 of 2 1. A business license for the Tattoo Parlor shall not be issued to the applicant without the approval of the Health Department to ensure consistency with the provisions of Chapter 23-51 of the City Code. 2. This Conditional Use Permit for a Tattoo Parlor shall be limited to the application of permanent make-up. No other form of tattooing shall be permitted. 3. The actual application of permanent make-up shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 4. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon, electronic display or similar sign installed on the exterior of the building or in any window, or on the doors. Window signage shall not be permitted. A separate sign permit shall be obtained from the Planning Department for the installation of any new signs. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Letters of Support (2) Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department 4'- '(/7 City Manager:ril'fi Applicant Christiana Rojas Agenda Item Property Owner Red Mill North, LLC Planning Commission Public Hearing December 14, 2022 13 ,,,, City Council District 5, formerly Princess Anne Virginia Beach Request Conditional Use Permit (Tattoo Parlor) Staff Recommendation _ Approval C _04.1 i� F / '''''Z'"-.4, -,_ 1 ./. i - Staff Planner ��� Michaels D. McKinney / t 3� Yx i Ili Location ...,\ ,, 2133 Upton Drive, Suite 118 , �5, �2: GPIN 4 „ a ca �G,r/e"kwaY 'e 2414352667 ,� Site Size , ''het , ç0.• 34,080 square feet J 's �` ` AICUZ �� \t t t( : \ 65-70 dB DNL; Sub-Area 2 Watershed dr ..- Southern Rivers 34---, • Existing Land Use and Zoning District -• Shopping Center/B-2 Community Business ., Surrounding Land Uses and Zoning Districts n`* %, - ` `'4 it_North _ Pharmacy/ B-2 Community Business ' ' : ;.,'f�; _ . ".=� "- . 4„. 1 m.,....44 South ;�,hft V. • ,' . . _ ,: _A Retail/ B-2 Community Business z 1 .,.. Li,:i -. .,;: • - . .i : ; i i ii,:••• L''''`. ' • 014;East - r • „ �;J/ -:" ;-„7 .: Upton Drive ,i °._, / l sti$,--,._-:,7 i, , Multi-family dwellings/A-18 Apartment i c., 77 ` , ,, West a ..&, Retail/B-2 Community Business 4. �•k ,• '; `, t r-;1-.` / ;� ,. . • ' ' - . ,-. , _'/4;10, ',, - . .-- /. , , *ill Christiana Rojas Agenda Item 13 Page 1 Background & Summary of Proposal • The applicant is requesting a Conditional Use Permit to operate a Tattoo Parlor, specifically for the application of permanent makeup, known as microblading,within an existing beauty salon at the Red Mill Commons Shopping Center.The shopping center is located along Upton Drive on property zoned B-2 Community Business District. • Microblading will take place in a small, private room within the beauty salon. • According to the applicant, one employee is anticipated. • The typical hours of operation are proposed as between 10:00 a.m. to 6:00 p.m., Monday through Saturday. • In 2019,the City Council approved a similar request within another unit in this shopping center, also for the application of permanent make-up within an existing salon 200 feet from this proposed use. • No exterior changes to the building are proposed, as well as no new signage. //) 0 h - Zoning History # Request ' 0 O 1 CUP(Tattoo Parlor)Approved 05/08/2019 % •/ �• � 2 CRZ(A-18 to Conditional B-2)Approved 04/25/2003 �/ 3 MDC Approved 08/12/2008 � ;!j h � CUP(Automobile Service Establishment)Approved ` 11 14 2000 „ � CUP(Bulk Storage Yard)Approved 09/21/2016 a ,• CUP(Bulk Storage Yard)Approved 08/22/2018 0 /� g Pp 4 MDC Approved 04/27/2010 4lit . c CUP(Seasonal Outdoor"green" market)Approved 05/26/2009 , C-7 PO• Application Types CUP—Conditional Use Permit MDC—Modification of Conditions STC—Street Closure SVR—Subdivision Variance REZ—Rezoning MDP—Modification of Proffers FVR—Floodplain Variance LUP—Land Use Plan CRZ—Conditional Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental Evaluation & Recommendation The request for a Conditional Use Permit for a Tattoo Parlor and specifically for the application of permanent make-up, in Staff's opinion, is acceptable given that the use will be compatible with the other existing commercial businesses located in the vicinity and within this part of the suburban area. The operation of a Tattoo Parlor is not expected to negatively impact other uses within the shopping center or in the vicinity. Staff does not anticipate a significant increase in traffic volume with the addition of this use into the existing shopping center. Prior to operation on the site,the applicant must obtain a business license and the Health Department must verify that the business meets all the requirements of Chapter 23 of the City Code. Chapter 23 mentions the standards for disclosure, hygiene, licenses, waivers, proof of age, recordkeeping, inspections, cleanliness,vaccinations, and permitting. A Certificate of Occupancy will not be issued until the requirements of the Health Department are met. Christiana Rojas Agenda Item 13 Page 2 The applicant's outreach efforts resulted in two letters of support from other tenants in the shopping center. For the reasons stated above, Staff recommends approval of this application, subject to the conditions listed below. Recommended Conditions 1. A business license for the Tattoo Parlor shall not be issued to the applicant without the approval of the Health Department to ensure consistency with the provisions of Chapter 23-51 of the City Code. 2. This Conditional Use Permit for a Tattoo Parlor shall be limited to the application of permanent make-up. No other form of tattooing shall be permitted. 3. The actual application of permanent make-up shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 4. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon, electronic display or similar sign installed on the exterior of the building or in any window, or on the doors.Window signage shall not be permitted. A separate sign permit shall be obtained from the Planning Department for the installation of any new signs. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations This property is located within the Suburban Area of the city, as designated by the Comprehensive Plan. Guiding principles have been established in the Comprehensive Plan to protect the stability of the Suburban Area and to provide a framework for neighborhoods and places that are visually interesting and that provide memorable character. The Plan's primary guiding principle is to create "Great Neighborhoods," and to support those neighborhoods with complementary non-residential uses in such a way that the stability of the Suburban Area is maintained in a sustainable way. Natural & Cultural Resources Impacts The site is located in the Southern Rivers Watershed. Drainage in the Southern Rivers watershed is highly impacted by the presence of high ground water, poorly draining soils, and high-water surface elevations in downstream receiving waters.There are no known cultural resources on the site. Christiana Rojas Agenda Item 13 Page 3 Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Upton Drive 21,020 ADT1 28,900 ADT 1(LOS 3"D") No Change Anticipated 2 1 Average Daily Trips 2 as defined by a tattoo parlor in 3 LOS=Level of Service in a shopping center Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Upton Drive, in the vicinity of this site, is a four-lane divided minor urban arterial.There is currently no roadway CIP scheduled for this section of Upton Drive. Public Utility Impacts Water &Sewer This site is connected to City water and sanitary sewer service. Public Outreach Information Planning Commission • The applicant reported that they met with the surrounding property owners. Staff has received two letters of support from surrounding Tenants. • As required by the Zoning Ordinance, the public notice sign(s)was placed on the property on November 14, 2022. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, November 27, 2022 and December 4, 2022. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on November 28, 2022. • 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 December 8, 2022. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,January 1, 2023 and January 8, 2023. • 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 January 2, 2023 • 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-clerkJcity-council/Documents/BookmarkedAgenda.pdf on January 13, 2023. Christiana Rojas Agenda Item 13 Page 4 Existing Site Layout j , ,_, _tit:. Alb , , f --'W 11% 41 41t 4r1414 t O I - :" - % „sr ,. I �� 41111111 +. i0,4 _ii,.. 4„. . _ _ . _ 4ta ilt r r _ iv , - _,. .... / . - . �, f , i1 y 0,.. , too _- _ _ - - ,, it, *ii ---:441, ,......_ ,- . .r. 1 ( ,, . , IF ~ , - +f �g .a !sk mod! U j' _ ~ • _ L'�1 I .: t.A.04. . T 4r s 4 '� .' 1114 S I r,. N. IP ft 4 i ° aI . gib :x.'' 44.6_*** ''''' ,4 --'t t gal {f A . f ' /1/2 /,t,'--1,- Ati., - • % -/ -.. ! . ' F _ , .„,40.1r4;:ip„ , i r . - .„,:, T T`s. t 4k%Nik V/11? I #4;fr ___ __ it1 - ikti4! .' 44 ,�-f 4 14 I i ; r 4 1 W tfrAt 4;,. _ . 1 i • f �� o ,. ' 1114 #.fr . ' . 41/ I , --1 ir Christiana Rojas Agenda Item 13 Page 5 Site Photos r � • '°Wit ' e r v a . ' fs gr is `�- � �— -- j� ......-,..-.. ..,.. Jv \ `.•,, ,: • '/ . • k�,, • , 4 -- , ,., � . gir, f. • - -fr 4. ,, , - - e,��. • _ �. „ 6f y K ." .,,,,,,,.„1,41‘64.4,—..--- - -- .. zyr i. '� ti f..ter • i•' 5.� st' ;i fj Christiana Rojas Agenda Item 13 Page 6 Disclosure Statement Disclosure Statement r ntung&eutu t 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 Christiana Rojas Does the applicant have a representative? 0 Yes I No • If yes,list the name of the representative. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?I Yes El No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Christiana Rojas(Self) • 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. Rcw.scd�1.'vi.�C2C i I n z a Christiana Rojas Agenda Item 13 Page 7 Disclosure Statement 'h Disclosure Statement \113 _- _.._. .__—_ _. __ : , -.m - _. . Planning br Conuuunity 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? 0Yes E Nn • 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? Cl Yes P No • If yes,identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?0 Yes * 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?0 Yes la 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 II No • If yes;identify the purchaser and purchaser's serAce providers. Revised ii.09.2520 Wage Christiana Rojas Agenda Item 13 Page 8 Disclosure Statement Disclosure Statement Planning&Catain' i: :'tt• 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?❑Yes •No • If yes,identify the company and individual providing the service. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?❑Yes t No • If yes,identify the firm and individual providing the service. 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?0 Yes No • If yes,identify the firm and individual providing the service. 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. \Ai\ +IVA Appnt Signature ` 1 IIII���,,((��l � tvAr\(A- f-bd,)!1 O ul 1' , Print N e and Title J 22. Date Is the applicant also the owner of the subject property? ❑Yes El 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 Date No dianaes as of 12/302022 701.e.4;f417 Print Name Michaels D.McKinney Revised 11.09.2020 Wage Christiana Rojas Agenda Item 13 Page 9 Disclosure Statement Disclosure Statement Planning&CoI munity Development Owner Disclosure Owner Name Red Mill North,LLC Applicant Name Christiana Rojas Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business?ME Yes ❑No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Louis Haddad,Shawn Tibbetts,Matthew Barnes-Smith • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity"relationship with the Owner. (Attach a list if necessary) Armada Hoffler 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? 3"Parent-subsidiary relationship"means"a relationship that exists when one corporatior 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 betweer the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.2020 5 1 P a g e Christiana Rojas Agenda Item 13 Page 10 Disclosure Statement Disclosure Statement City n;itrginia&ith 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? D Yes ❑No • If yes,identify the financial institutions providing the service. Genworth 2. Does the Owner have a real estate broker/agent/realtor for currert and anticipated future sales of the subject property? ❑Yes D 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. Venture Realty Group-Elizabeth Matulenas 4. Does the Owner have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes D 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. 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 D No • If yes,identify the company and individual providing the service. 7. Does the Owner have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?0 Yes I No • If yes,identify the firm and individual providing the service. Revised 11.09.2020 Wage Christiana Rojas Agenda Item 13 Page 11 Disclosure Statement Disclosure Statement cif a of 1 irginfa Buuh 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?U Yes ❑No • If yes,identify the firm and individual providing legal the service. Faggert&Frieden-Scott Seery Owner Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Owner:Red Mill North,LLC,a Virginia Limited Liability Company By:Armada Hoffler Manager,LLC,a Virginia limited liability company,its manager By: Louis S. Haddad, Manager Print Name and Title 11/c 12022 Date Revised 11.09.2020 7 I P a g e • Christiana Rojas Agenda Item 13 Page 12 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • 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. Christiana Rojas Agenda Item 13 Page 13 Virginia Beach Planning Commission December 14, 2022, Public Meeting Agenda Item # 13 Christiana Rojas (Applicant) Red Mill North, LLC (Property Owner) Conditional Use Permit (Tattoo Parlor) Address: 2133 Upton Drive, Suite 120 RECOMMENDED FOR APPROVAL —CONSENT Mr. Alcaraz: Alright, thank you. The next item #13 for Christiana Rojas at Red Mill North, LLC for Conditional Use Permit for a Tattoo Parlor, please come forward. Ms. Rojas: Christiana Rojas. Mr. Alcaraz: Thank you, and do you accept the conditions? Ms. Rojas: Yes, I do. Mr. Alcaraz: Thank you, you may be seated. Is there any opposition to this item being placed on the consent agenda? Hearing none, I have Mr. Clemons to speak on this item. Mr. Clemons: The applicant is requesting a Conditional Use Permit to operate a Tattoo Parlor specifically for the application of permanent makeup known as micro-blading within an existing beauty salon at Red Mill Commons Shopping Center. The shopping center is located along Upton Drive, on properties on B-2 Community Business District. Microblading will take place in a small private room within the beauty salon, and according to the applicant, there will be one employee. In light of the staff recommendation, and no apparent opposition, the commission placed it on the consent agenda. Mr. Alcaraz: Thank you. Mr. Chair that was the last item for the consent agenda. The Planning Commission places the following applications on the consent agenda items #1, 3, 5, 6, 7, 8, 11, 12 & 13. Mr. Wall: Okay, thank you, Mr. Alcaraz. Alright, so that was not a motion, but so could you state that again as a motion? Mr. Alcaraz: Sure, I move that these items 1, 3, 5, 6, 7, 8, 11, 12 and 13 are approved for consent. Mr. Wall: Okay. Thank you. So we have a motion by Mr. Alcaraz. Do we have a second? Mr. Clemons: Second. Mr. Wall: Do we have any abstentions? An abstention by Mr. Frankenfield. Mr. Frankenfield: I am going to abstain pursuant to the Conflicts of Interests Act. I have a letter on file with the city attorney, and I have a previous business relationship with Sifen Associates, and will abstain from this vote. Mr. Wall: Okay, thank you. Mr. Tajan: Just to clarify that's for item #7 on the consent agenda. I'm sorry, item #six on the consent agenda that Mr. Frankenfield is abstaining from. It should be item #6 that he's abstaining from, not the whole consent agenda. Mr. Wall: Can you speak? I couldn't hear you. Mr. Tajan: I'm sorry. Mr. Frankenfield is abstaining from item#6 on the consent agenda. He's not abstaining on the whole consent agenda. Mr. Wall: Okay. Madam Clerk: Mr. Chairman, I noted a motion by Mr. Alcaraz, a second by Mr. Clemons. The vote is open. Mr. Frankenfield, can we get your vote please? By a vote of 10 in favor, 0 against, noting an abstention by Commissioner Frankenfield from agenda item #6, agenda items 1, 3, 5, 6, 7, 8, 11, 12, and 13 have all been recommended for approval. AYE 10 NAY 0 ABS 0 ABSENT 1 Alcaraz AYE Bradley AYE Clemons AYE Coston AYE Cuellar AYE Frankenfield AYE Horsley AYE Oliver ABSENT Redmond AYE Wall AYE Weiner AYE CONDITIONS 1. A business license for the Tattoo Parlor shall not be issued to the applicant without the approval of the Health Department to ensure consistency with the provisions of Chapter 23- 51 of the City Code. 2. This Conditional Use Permit for a Tattoo Parlor shall be limited to the application of permanent make-up. No other form of tattooing shall be permitted. 3. The actual application of permanent make-up shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 4. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon, electronic display or similar sign installed on the exterior of the building or in any window, or on the doors. Window signage shall not be permitted. A separate sign permit shall be obtained from the Planning Department for the installation of any new signs. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Dear Planning Commission &City Council, The purpose of this letter is to demonstrate my support for my fellow small business owner, Christiana Rojas and her business Brave Beauty Spa. Ms. Rojas is pursuing approval for a permit to perform permanent makeup in a professional capacity. As a business owner in the beauty industry myself, I can attest to Ms. Rojas work ethic and determination in regards to her business. Her leadership and drive are instrumental to the success of her growth and the overall growth within the permanent makeup industry. I support her request to obtain a permit for permanent make up & know that she would be an asset to have in the industry. Regards, Allegra Staicer The Bungalows & WAXED September 29, 2022 Dear Planning Commission & City Council, The purpose of this letter is to demonstrate my unwavering support for Ms. Christiana Rojas and her business, Brave Beauty Spa. Ms. Rojas is pursuing approval for a permit to perform permanent makeup in a professional capacity. As a small business owner myself, co-located with Brave Beauty Spa in the Beauty Bungalows, I have had the fortune of working alongside Ms. Rojas over the last year. Her professional acumen, leadership and trade expertise are instrumental to the success of not only her business, but also our businesses at Beauty Bungalows. Ms. Rojas is a role model for all young women who passionately pursue their dreams of owning their own business. I fully endorse her obtaining a permit for permanent makeup and I look forward to continue working alongside someone of her caliber in this capacity. Please reach out should you have any additional questions. Warm regards, Name: iA_1n l i l( 5O9 y� i Business Name: I ► 1 L- h ( )'J _ V Signature: 7 \ / w OZ -6 -0a. 0 El 02 RP , es4.P ' ez ez A18 A1'8 �" / , q4�� '.I 7d Ch, / / ' ,/ as \ \ \t• tA24 A24 Ii ,,- \iiit \ , ,, ,,,, , ' \ 0 �� � R10 R10 ` NB2 \ ,,\\ 0 ____I____ Chinquapin_Lane \ \ \N.) ca, \ 0 // Site Birdneck Ocean Annex, LLC W'�& Property Polygons ��►��� F 1069 Laskin Road S Zoning Building Feet 0 2040 80 120 160 200 240 r ty{A 6� ....,,a; i ) .� � t J tC JJ CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: BIRDNECK OCEAN ANNEX, LLC [Applicant] PITSILIDES LAND TRUST [Property Owner] Conditional Use Permit (Mini-Warehouse) for the property located at 1069 Laskin Road (GPIN 2418601343). COUNCIL DISTRICT 6, formerly Beach MEETING DATE: January 17, 2023 • Background: The applicant is requesting a Conditional Use Permit for a Mini-Warehouse in order to construct a three-story, climate-controlled, self-storage facility with 1,000 square feet of office space on a 2.05-acre parcel zoned B-2 Community Business District within the Resort Strategic Growth Area (SGA). A one-story restaurant previously occupied the site. The proposed 145,000 square foot building will vary in height, from 33 feet adjacent to adjacent to the apartment and residential districts to the east and west of the site, as well as to the south along the unimproved 30-foot right-of-way of Chinquapin Lane and 48 feet and nine inches along Laskin Road. The submitted building elevations and renderings depict facades of a neutral color palette with brick veneer, metal panels, EIFS, simulated wood veneer, dark bronze Bahama Shutters, and a dark bronze standing seam metal roof. A loading area with an overhead canopy to match the covered building entry is proposed on the front of the building along Laskin Road. • Considerations: The property is located within the 70-75 dB DNL noise zone and the APZ-2. The Mini-Warehouse facility is consistent with the AICUZ Ordinance provisions and compatible with the surrounding uses along this corridor. Specifically, there is an existing Mini-Warehouse facility, by the same operator, that was approved less than a quarter mile away from this parcel along S. Oriole Drive. Staff believes and the Planning Commission concurred that the site layout and building design is consistent with the recommendations for the Resort Strategic Growth Area (SGA) and the Special Area Development Guidelines for Urban Areas. Staff believes and the Planning Commission concurred that the site layout and building design aligns with the guidelines of the Resort SGA. The storage facility will provide a service to the surrounding businesses and residences. The proposed rear building height, adjacent to the residences will be no taller than 22 feet and three inches, thereby meeting the 35-foot maximum height limit within 100 feet of a residential or apartment district. In addition, the building design proposed resembles more of an office building rather than a self-storage facility Birdneck Ocean Annex, LLC Page 2 of 3 with neutral tone colors. After community engagement, the applicant revised the east elevation of the building to provide a step back finished wall to provide visual relief and mitigate shadowing. There are two exiting ingress/egress access points on this site. One will be eliminated, thereby reducing the number of conflict points for both vehicular and pedestrian traffic. Laskin Road, is considered a four-lane divided major urban arterial. Access to this parcel is from the feeder road. Based on the existing B-2 zoned parcel, the average daily trips would be 1080. For this proposed self-storage facility, there will be a reduction in the average daily trips to 220. The applicant presented this proposal to the Resort Advisory Commission Planning/Design Review Committee (PDRC) on November 1, 2022 and no objections were raised and the proposal was deemed acceptable in regard to site layout and building design. Staff received three letters of support. Four letters of opposition by nearby residents were received stating concerns related to noise from mechanical equipment, increased traffic, reduction in property values, and the large size of the building. There were no speakers in attendance at the Planning Commission public hearing. Further details pertaining to the application, as well as Staffs evaluation, are provided in the attached Staff Report. ■ Recommendation: On December 14, 2022, the Planning Commission passed a motion to recommend approval of this request by a vote of 9 to 1. 1. When the property is developed, it shall be in substantial conformance with the conceptual site plan entitled "OCEAN STORAGE— LASKIN ROAD", dated October 24, 2022, prepared by WPL, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 2. The exterior of the proposed buildings shall substantially adhere in appearance, size, materials to the submitted elevations entitled "OCEAN STORAGE", dated December 9, 2022, prepared by RBA Architects, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 3. A Landscape Plan shall be submitted to the Development Services Center of the Department of Planning & Community Development for review and ultimate approval prior to the issuance of a Certificate of Occupancy that is in substantial conformance to the conceptual landscape plan entitled "OCEAN STORAGE — LASKIN ROAD", dated November 9, 2022, prepared by WPL, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. Birdneck Ocean Annex, LLC Page 3 of 3 4. All on-site signage must meet the requirements and regulations of the Zoning Ordinance. A separate permit from the Department of Planning & Community Development is required for any new signage installed on the site. 5. The freestanding sign shall be monument style, be no taller than eight (8) feet in height measured from the ground to the top of the sign and substantially adhere in appearance, size, and materials to the submitted freestanding sign exhibits entitled "OCEAN STORAGE — MONUMENT SIGN ELEVATION, dated November 16, 2022, prepared by RBA Architects, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 6. A Lighting Plan shall be submitted for review at site plan submittal. All outdoor lights shall comply with the following: a. Shall be shielded to direct light and glare onto the premises, said lighting and glare shall be deflected, shaded, and focused away from all adjoining property. b. Lighting fixtures shall not be erected any higher than fourteen (14) feet. c. Only motion activated lighting fixtures shall be installed at a height of no more than ten (10) feet along the easternly and westerly property lines that abuts the apartment and residential districts. 7. Parking above the maximum number of parking spaces shall only be permitted with approval by the Planning Director pursuant to Section 203(b)(9) of the Zoning Ordinance. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Letter(s) of Support (3) Letter(s) of Opposition (4) Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department 6- 10 City Manager: Applicant Birdneck Ocean Annex, LLC Property Owner Pitsilides Land Trust Agenda Item Planning Commission Public Hearing December 14, 2022 Cryo City Council District 6,formerly Beach 4 Virginia Beach Request Conditional Use Permit (Mini-Warehouse) O Staff Recommendation , p% F Approval r It �000 Staff Planner A. } `ASKW RD Marchelle Coleman Location "� , ____:(1? Ao' . 1069 Laskin Road - ir ---/.... GPIN h- 2418601343 i�'1 0SI p Site Size ~TANAGE_R TR "a"4' . ' 7)r 2.05 acres - 4500 - AICUZ i , . 1 q "iis t '''.. 70-75 dB DNL; APZ-2 Watershed ' ' Chesapeake Bay Existing Land Use and Zoning District Undeveloped lot/B-2 Community Business 9 d. - Surrounding Land Uses and Zoning Districts :.•-• ,JA . * . ' t - _ - ,f a , North -.Yx. / f` � yF f,,. Laskin Road ° Office/0-2 Office *"- IP � /1#1 - ' ' 4 I," . • s , 1,•,.. Unimproved Chinquapin Lane �i... . i .,. , 4_:y. Nt" Multi-family dwellings/A-24 Apartment :ird.,,-, ',, - : 4 , . , ,•, "' • • _ . East .. ,e .. . . . ,-, , . , ,,,--,.-,, ;, _ .. , Retail, Multi-family dwellings/ B-2 Community r . . .. ... Business, A-18 Apartment = • � - '-... ' ' Afr West Undeveloped lot, single-family dwelling/ B-2 ,,,. l"l e' e- '.f"4..."..1,."-I-.v.E ae,* -• , r : OriWla Community Business, R-10 Residential N.�,,.Ry , Birdneck Ocean Annex, LLC Agenda Item 4 Page 1 Background & Summary of Proposal • The applicant is requesting a Conditional Use Permit for a Mini-Warehouse in order to construct a three-story climate-controlled self-storage facility on a 2.05-acre B-2 Community Business District-zoned parcel located within the Resort Strategic Growth Area (SGA). • The property was developed with a one-story restaurant, which has been demolished. • The site is proposed to be redeveloped with a building footprint of 46,785 square feet and a total floor area of approximately 145,000 square feet. The height for the proposed building will vary in size, not to exceed the 35 foot maximum within 100 feet of the residential and apartment district properties,as described below: o 48 feet and 9 inches in height to the north along Laskin Road o 33 feet in height to the east and west adjacent to the apartment and residential districts o 33 feet in height to the south along the unimproved 30-foot right-of-way of Chinquapin Lane • As depicted on the building elevations and renderings,the façade will have a neutral color palette with red brick veneer, metal panels, EIFS,simulated wood veneer, dark bronze Bahama shutters, and a dark bronze standing seam metal roof. A loading area with an overhead canopy to match the covered building entry is proposed on the front of the building along Laskin Road. • The Conceptual Landscape Plan shows the required building foundation, interior parking lot, and street frontage plantings. A 15-foot wide buffer with Category IV landscape plantings is also proposed, as required to screen the site from the multi-family dwelling to the east and the single-family dwelling to the west. • The Conceptual Site Plan depicts nine parking spaces on-site,thereby exceeding the parking requirement by three spaces. • An eight-foot tall freestanding monument style-sign is proposed on site.The monument-style sign will have a brick base and colors to match the proposed building materials. • Customer access into the building will be from 6:00 a.m. to 9:00 p.m., and the office operating hours proposed as 9:00 a.m. to 6:00 p.m.,seven days a week,with up to three employees on site. Birdneck Ocean Annex, LLC Agenda Item 4 Page 2 \SII :Rti V / ) 1 ZoningHistory 4.41 Request z 1 CUP(Automobile Service Station)Approved 11/20/2018 • �O /J se. • \�� C \„2= R� r\, I Ise ,sy A!AxA\ .. (� Y r`�a - T Application Types CUP—Conditional Use Permit MDC—Modification of Conditions STC—Street Closure SVR—Subdivision Variance REZ—Rezoning MDP—Modification of Proffers FVR—Floodplain Variance LUP—Land Use Plan CRZ—Conditional Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental Evaluation & Recommendation This request for a Conditional Use Permit for a Mini-Warehouse is, in Staff's opinion, acceptable. The property is located within the 70-75 dB DNL noise zone and the APZ-2. The proposed Mini-Warehouse facility is consistent with the City's AICUZ Ordinance provisions and compatible with the surrounding uses along this corridor. Specifically,there is an existing Mini-Warehouse facility, by the same operator,that was approved less than a quarter mile away from this parcel along S. Oriole Drive. The proposal will contribute to the quality of the surrounding area by replacing a vacant site with a new building that reflects the recommendations for the Resort Strategic Growth Area (SGA) and the Special Area Development Guidelines for Urban Areas. Given that the property is located along Laskin Road and will be highly visible from one of the gateways into the City of Virginia Beach,the elements of building design, site layout, pedestrian orientation, and landscaping were discussed with the applicant.The applicant worked with Staff to provide an architectural design that is consistent with the Resort SGA and with the Special Area Development Guidelines for the Urban Area, adopted by reference, as part of the Comprehensive Plan's Reference Handbook. The Special Area Development Guidelines for Urban Areas include design recommendations that address setbacks and building location, access and circulation, parking areas, landscaping, natural features, stormwater management as landscaping features, lighting, signs, and outdoor art.A summary of how the proposal addresses each Guideline is provided below. Setbacks and Building Location—This Guideline recommends buildings be placed close to the pedestrian street and parking and loading and services areas sufficiently screened from view of the public right-of way. Consistent with the Guidelines,the building is located close to the feeder lane on Laskin Road with plantings installed to provide an attractive screening along the right-of-way. Access and Circulation—This Guideline addresses the ease by which one can leisurely walk throughout the area whereby reliance on automobiles is reduced. The site layout for this project is designed to allow pedestrians to easily enter and Birdneck Ocean Annex, LLC Agenda Item 4 Page 3 exit the site and the building using the sidewalks. A right-of-way dedication similar to the property to the west, is proposed for the sidewalk that is located in the right-of-way. The sidewalk will be at least 5-foot wide. Parking Areas—As indicated in this Guideline, parking areas should not dominate the frontage of streets. Off-street parking areas should be located behind or on the side of buildings and should create an internal circulation network that minimizes or eliminates curb cuts.To address this Guideline, the parking lot,which was initially in front of the building, has been moved along the side of the building. Also, one existing curb cut will be eliminated reducing ingress/egress access points from two down to one. Landscaping—This Guideline emphasizes the need for quality landscaping to be provided in the built urban environment. The Conceptual Landscape Plan for this site depicts landscaping with evergreen and deciduous trees, shrubs, and plantings along the street frontage. A 15-foot Category IV wide buffer is proposed along the eastern and western property lines. Four proposed parking spaces were removed adjacent to the loading area and replaced with an enhanced landscaped area to provide additional screening along the western property line. Natural Features—This Guideline recommends that undisturbed natural areas and important natural features be identified during the design process. Since the site is entirely impervious,there are no known natural features on this site that are proposed to be protected. Stormwater Management as Landscaping Features—This Guideline encourages stormwater retention and detention systems be designed as open space or landscape amenities. A stormwater management facility is not proposed on this site. Underground storage is proposed to address water quality and quantity on site. Lighting—This Guideline indicates that site lighting be designed to reduce light trespass and glare. The proposed site is deemed to be consistent with the lighting Guideline, as lighting is proposed to reduce glare and trespass as noted in Condition 6. A Photometric lighting plan was provided by the applicant and appear to satisfy the requirement to reduce glare along the street and adjacent to the residential and apartment districts to the east and west of the site. Signs—As indicated in this Guideline, signs should primarily serve to identify the name, street number and nature of a business. The color and theme of signs should be consistent with the primary building and surrounding area and should be in compliance with the Zoning Ordinance. All signage as proposed appears to meet the intent of this Guideline with regard to color,theme, and identification content. Outdoor Art—This Guideline encourages the incorporation of outdoor art into the overall design of a project. Despite this, at this time,the proposed Conceptual Layout Plan does not indicate any outdoor art for this site. In synopsis,the applicant revised the plan to relocate the building closer to the street with parking areas on the side of the building so that it is not as prominent. In addition,the applicant submitted a quality landscaping plan; minimized an unnecessary curb cut; and eliminated parking between the building and the street, ultimately enhancing the view from the public right-of-way. As presented,Staff believes these topics have been addressed in an acceptable manner through a logical site layout with improved ingress/egress, quality architecture, and landscaping. Although there is another mini- storage location nearby,the proposed design addresses the requirements of the design guidelines and use requirements of properties located within high noise zones and the APZ-2. Given the site's location in the Resort Area SGA,the applicant presented this proposal to the Resort Advisory Commission Planning/Design Review Committee on Tuesday, November 1, 2022. No objections were raised, and the proposal was deemed acceptable in regard to site layout and building design. Based on these considerations, Staff recommends approval of this request with conditions noted below. Birdneck Ocean Annex, LLC Agenda Item 4 Page 4 Recommended Conditions 1. When the property is developed, it shall be in substantial conformance with the conceptual site plan entitled "OCEAN STORAGE—LASKIN ROAD", dated October 24, 2022, prepared by WPL,which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning&Community Development. 2. The exterior of the proposed buildings shall substantially adhere in appearance, size, materials to the submitted elevations entitled "OCEAN STORAGE", dated December 9, 2022, prepared by RBA Architects, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning& Community Development. 3. A Landscape Plan shall be submitted to the Development Services Center of the Department of Planning& Community Development for review and ultimate approval prior to the issuance of a Certificate of Occupancy that is in substantial conformance to the conceptual landscape plan entitled "OCEAN STORAGE—LASKIN ROAD", dated November 9, 2022, prepared by WPL,which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning& Community Development. 4. All on-site signage must meet the requirements and regulations of the Zoning Ordinance. A separate permit from the Department of Planning& Community Development is required for any new signage installed on the site. 5. The freestanding sign shall be monument style, be no taller than eight (8)feet in height measured from the ground to the top of the sign and substantially adhere in appearance, size, and materials to the submitted freestanding sign exhibits entitled "OCEAN STORAGE—MONUMENT SIGN ELEVATION, dated November 16, 2022, prepared by RBA Architects, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 6. A Lighting Plan shall be submitted for review at site plan submittal. All outdoor lights shall comply with the following: a. Shall be shielded to direct light and glare onto the premises, said lighting and glare shall be deflected, shaded, and focused away from all adjoining property. b. Lighting fixtures shall not be erected any higher than fourteen (14)feet. c. Only motion activated lighting fixtures shall be installed at a height of no more than ten (10)feet along the easternly and westerly property lines that abuts the apartment and residential districts. 7. Parking above the maximum number of parking spaces shall only be permitted with approval by the Planning Director pursuant to Section 203(b)(9) of the Zoning Ordinance. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Birdneck Ocean Annex, LLC Agenda Item 4 Page 5 Comprehensive Plan Recommendations The site is located within Resort Strategic Growth Area (SGA) along the Laskin Road Gateway which serves as an entrance into the Resort Area. The Resort is recognized as a place where revitalization efforts have and continue to transform the Resort Area into a major activity center,strengthening neighborhoods and increasing economic growth. One of the actions called for in the Comprehensive Plan is to provide an appropriate transition of land uses between intense commercial uses and established neighborhoods. Although the site is located within the official boundaries of the Resort SGA, it is outside of the sub-districts identified in the Resort Area Strategic Action Plan (RASAP). The design of the proposed three-story building is of high quality. Unlike most suburban-style mini-warehouses,the proposed three- story, enclosed design works well in a more urban area. The enclosed design and secured access also works well adjacent to abutting residences, which will be well buffered and screened. The site is also located within the Accident Potential Zone-2 (APZ2), as designated by the City's AICUZ Ordinance. Warehousing and Storage is deemed a compatible use within the APZ2. Due to the limitations on land uses in APZ-2,the proposed mini-warehouse use is one of the few uses permitted in this area, under the provisions of Article 18 of the Zoning Ordinance. Natural & Cultural Resources Impacts The site is located in the Chesapeake Bay watershed. There are no known significant cultural resources associated with this site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Existing Land Use(vacant 1.97-acre property)—0 ADT Laskin Road 22,000 ADT1 34,800 ADT 1(LOS a"D") Existing Zoning z—1080 ADT Proposed Land Use 3—220 ADT 'Average Daily Trips 2 as defined by a 1.97-acre B- 3 as defined by a 145,000 square 4 LOS=Level of Service 2 zoned parcel foot mini-warehouse Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Laskin Road, in the vicinity of this application, is considered a four-lane divided major urban arterial. In addition to the existing four-lane section of road,there are two,two-lane local access roads (i.e.,feeder roads) parallel to the mainline portion of roadway. One on the south side of Laskin Road and one on the north side of Laskin Road. Access to this parcel is from the feeder road. There is a roadway CIP project slated for this area. Laskin Road Phase I-B (CIP 2-156) is for the construction of a six-lane divided highway in a 150 foot right-of-way from Red Robin Road to Oriole Drive and the reconstruction of the Laskin Road/N. Birdneck Road intersection. The feeder roads along Laskin Road within the project limits will also be removed. There is currently no funding for this project and because of that the design phase has not even been initiated for this project. Public Utility Impacts Water & Sewer The site is currently connected to both City water and sanitary sewer. Birdneck Ocean Annex, LLC Agenda Item 4 Page 6 Public Outreach Information Planning Commission • The applicant sent a notification out to the adjacent property owners and invited them to an open house discussion held on November 29, 2022 to discuss the details of the request. According to the applicant, six residences were in attendance. According to the applicant, many of the questions raised were answered and there was not a sense that anyone in attendance was opposed to the proposal. • As required by the Zoning Ordinance,the public notice signs were placed on the property on November 14, 2022. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, November 27, 2022 and December 4, 2022. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on November 28, 2022. • 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 December 8, 2022. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,January 1, 2023 and January 8, 2023. • 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 January 2, 2023. • 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 January 13, 2023. 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'' -♦ � '''• yam. • a ar t. ,- i - ir *16' - ' '- • ''' .*1;4 N v- .*!• ?� t'a, .. -' ,i♦♦♦��iV1 •tom - • 4 tin; f' lia.14,111 i YC }� " ~ f $ } f: 41. "t -•a. �3w.�a -�.. o ,.."fir._ - ' aka - - .— ._ _. .�j�•.�..,-.,.,_e � <... '-� "...t. -- '� -�;".r:"�'��'- "ire""'��'• _ `a - .. _ = r-,- ---'•4.- t/. _ - y, .-•r^� _ .. _••�jE ,{ Bird neck Ocean Annex, LLC Agenda Item 4 Page 17 Disclosure Statement Disclosure Statement City of Virginia Beach 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 Birdneck Ocean Annex, LLC Does the applicant have a representative? ■Yes 0 No • If yes,list the name of the representative. Troutman Pepper-RJ Nutter 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) G.Thomas Minton, Ill Michael B.Burnette • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) Ocean Storage, LLC Northampton Storage, LLC, North Independence Storage, LLC "Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. "'Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. hc ;sca 11.09.2020 1 Birdneck Ocean Annex, LLC Agenda Item 4 Page 18 Disclosure Statement Disclosure Statement Planning& Known Interest toyPublic Official or Emplo_yee 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 IN 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? II 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 It 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?II Yes 0 No • If yes,identify the firm and individual providing the service. BDO-Jorge Dabul 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?II Yes 0 No • If yes,identify the firm and individual providing the service. RBA Architects-Tom Retnauer and Chris Elam 5. Is there any other pending or proposed purchaser of the subject property?❑Yes L No • If yes,identify the purchaser and purchaser's service providers. 2IF' Birdneck Ocean Annex, LLC Agenda Item 4 Page 19 Disclosure Statement Disclosure Statement Ct'p F.).c Planning&Community Development 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?❑Yes • No • If yes,identify the company and individual providing the service. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?■Yes ❑No • If yes,Identify the firm and Individual providing the service. WPL-Brad Martin 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. Troutman Pepper-RJ Nutter,Williams Mullen-Howard Gordon AApplicant 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 arty public body or committee in connection with this application. L4 - Applicant Signature G.Thomas Minton,Ill Managing Member Print Name and Title September 29,2022 Date — - - - - --Is the applicant also the owner of the subject property? ❑Yes ■ No • If yes,you do not need to fill out the owner disclosure statement. FOR 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 r4°chance as of Dite 12/29/2022 ginwn "nu' Marchelle L.Coleman Revised 11.09.2020 3 I }' e Birdneck Ocean Annex, LLC Agenda Item 4 Page 20 Disclosure Statement Disclosure Statement AS3 C Iy of V ngooa Boid, Planning&Community Development J�- Owner Disclosure Owner Name Pitsilides Land Trust Applicant Name Birdneck Ocean Annex, LLC Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business?0 Yes ❑No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) George Pitsilides,Trustee of the Pitsilides Land Trust • If yes,list the businesses that have a parent-subsidiary3 or affiliated business entity'relationship with the Owner. (Attach a list if necessary) Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes ❑No • If yes,what is the name of the official or employee and what is the nature of the interest? 3"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. Kevisea 11.O9.2b2G 5 Birdneck Ocean Annex, LLC Agenda Item 4 Page 21 Disclosure Statement Disclosure Statement A/13 City of Virginia Bari Planning&Community Development • Owner Services Disclosure 1. Does the Owner have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑Yes ■ No • If yes,identify the financial institutions providing the service. 2. Does the Owner have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ■Yes ❑ No • If yes,identify the company and individual providing the service. Dominion Property Management, Inc. 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 0 No • If yes,identify the firm and individual providing the service. Cherry Beckaert-Barb Smith 4. Does the Owner have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes In No • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?0 Yes in 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 In 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 in No • If yes,identify the firm and individual providing the service. Revised 11.09.2020 6 Bird neck Ocean Annex, LLC Agenda Item 4 Page 22 Disclosure Statement u is>c ostIr0:eta_e e -_ -• h Be k thi<OkYneriecelving legal sere cRs i:1 r ne n wlth1 the silbjectat then appNc On or any bO!sopptort4 be • oparieedbn t property?0 Yee :t(tlo t i • • ifyei.Idetdfythe firm anddirr'diwdufl_prgvldin�.k theser•v e.• . . • Owner Signature • .-..-: • • certify that.all afthe Information contained in:this Discloaurc.Statementfotm is'.cormplete,_true,and accun : I understand that, upon receipt of notification that t a application has been scheduled for public heanrg,I am Tasponsble for updating the,:* r to the mer#ting of.Plan :Commission,city Council,VBDA,CBPA,Wetl 'oard Mforniation prav�dad hai+�Nttwa�iee�Cs.p!�4 aHi4 or any pubecbo4y a-commits.b mnnictfon with-tnk plicstion. . Owner ' - : todoAC6ei ' 1.1.3'-,:✓ir&c •; .T�lI:F A- r d!e".T4rw Jam_ '1/riA,...r.1.4va T rQs71 - . Print Nara. nd T is • Revised 11:09. 0 7 1 P a R e Birdneck Ocean Annex, LLC Agenda Item 4 Page 23 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. Birdneck Ocean Annex, LLC Agenda Item 4 Page 24 Virginia Beach Planning Commission December 14, 2022, Public Meeting Agenda Item #4 Birdneck Ocean Annex, LLC (Applicant) Pitsilides Land Trust (Property Owner) Conditional Use Permit (Mini-Warehouse) Address: 1069 Laskin Road RECOMMENDED FOR APPROVAL— HEARD Mr. Wall: Thank you. Madam Clerk: Our next agenda item is agenda item #4 Birdneck Ocean Annex, LLC, an application for a Conditional Use Permit(Mini-Warehouse) at 1069 Laskin Road in Council District 6, formally the Beach District. Would the representative or the applicant, please come to the podium. Mr. Nutter: My name is RJ Nutter. I'm an attorney representing the applicant this case, and this is an applicant, by the way, who has a proven track record in this exact same neighborhood, and I don't want us to overlook that fact. Because it's one thing to be brand new, it's another to have a track record like they have and, and not just here, but at this location just down the street, but elsewhere around the city. They've proven themselves over and over again to be good neighbors. But this property is, you know, zoned Unconditional B-2, it has been the stepchild for every almost failed activity that you can find on this property. Restaurants have come and gone for years. Most recently, it was used as a construction lay down area by the Breeden Company, and so it's been a bit of a tossup what happened at this property, it's in a crash zone, and as you know, it's about a block and a half from where the jet went down, and we call the Miracle on Easter a few years ago. So, it is an area where residential is not permitted, and that the uses could go here, could have a far greater impact than this one. That's not just the reason to support it, however, is something worse could go there, but it is an important factor, and also the fact that quite frankly, everything it's tried to go there has failed. So along comes a use that generates no noise, no traffic, that is amongst the quietest use you can have with the possible exception of a cemetery, and they talked about that with Mr. Jones on Council. I need to say this, he's the only use that maybe quieter than self-storage, and the other nice benefit of this project, it eliminates the possibility of parking in the rear, it eliminates any traffic coming to the rear this property, all the traffic is in the first, I don't know, 75-100 feet of the property. None of it goes behind the building, there's no parking around the building, all of which has significant benefits. So, I think the only issue you have been presented to you is your concerns I saw earlier about the height, and let me just tell you about the height. The height situation is one that, quite frankly has to do with it set up in the code, and the reason why we have a height limitation around residential is because they wanted to set the height on any adjacent property as the same height than residential could be. It was not supposed to be some prohibit prohibition against adjacent property owner, it was set to be the same height limit that they enjoy, and as you may know, these properties next door are two and three story units. The one we did on Independence recently that you all approved, and we went to Council was approved, was backed up to one story single family homes, it was not in the crash zone, and we worked out a deal with the residents there to put in additional landscaping, in fact the setbacks on this are greater than the setbacks of the residential units that are adjacent to us. Then we also agreed in two meetings with them that we would recess third floor of this building even though it was under the 35-feet height limit. We've had recessed that portion by 15 feet making it further back. They already understand there's no windows here, there's no one to be looking in their backyard, which is often the case that had been developed in office, and you'd have people in there looking down on their backyards, which we hear about on every time we have an office next to residential. None of that is the case here. So, we have some letters in support, but I'd also like to share with you a letter in support that's not in your package, and it was written to us by Ms. Broyles, Tom Broyles wife, who lives in the condos that Jackie visited earlier, just down the street behind the Beach Pub, and they talked about what a great neighbor it has been. They talked about how it cuts off the noise from Laskin Road to their property. In fact, the meetings we had with the residents we held or they held, I didn't go, my clients went was held at that location so they could see it. Look at the setbacks, look at the landscaping. All of those features understand what they'd be looking at, so I don't believe we have any speaker signed up in opposition, but I did want to address these points for you because they've gone out of their way to be a good neighbor. We comply with every Planning thing at this site we comply with. We went to the PDRC, in fact, that was a benefit, I must tell you, because if you show the front of the building, I'm not sure who has control over it,there we go. One of the things that they suggested was we had awnings on the side of the building, and they asked us to extend the awnings into the front of the building adjacent Laskin, which we thought was a great idea. So, I would tell you that was on his benefit in that process. Just one more meeting to attend with a whole lot of architects, engineers, and business owners from that area. One of which, by the way, unfortunately, Dee Oliver was on that Commission, she couldn't be here today, but she was on that Commission as well. So, anybody comes to you with staff recommendation, you've got a proven good neighbor. We've got a bigger setback from the residential next to us, and we've modified our plan to adjust just their specific concern. So, I will give this to I guess, Bobby, these are letters from the condominium next that Mr. Wall talked about. Otherwise, I'm happy to answer any questions that you might have in any regard so. Mr. Wall: So, I've got some questions. I know you touched on it, but, the main, I certainly generally support the use. That's why it's being heard, but can you describe a little bit more, you mentioned it, but can you reinstate, about your engagement with those that are, directly adjacent, and I know that there are some benefits, maybe some noise, new shielding, but please, elaborate on some engagement. Mr. Nutter: We actually had two meetings. The first meeting was held, maybe three weeks ago forgive me, I wasn't present Mr. Wall, but what they did is we sent notices to all the people in the back, and we also sent one to the manager of the Association that we're managing. There's a young lady who lives there, has also served in that capacity, and we set up a meeting giving advance notice, and asked them to meet us at the other location just down the street behind the Beach Pub, and about five or six, I think people came to that to that first meeting, and asked a lot of questions about the height, the setbacks, the landscaping, traffic, the air conditioning units, location of the AC units on the building. All of those questions were asked, and they told them, look, we think you're okay, here, we've done this before, and we are good neighbors. They took them out to the side to show some landscape to see how close it was to the other condominiums, and they exited that meeting. Then we got a second call that some people couldn't come to the first meeting who wanted to come and have a second meeting, so they held a second meeting, and that's when the concern raised about by some people along the back about the work at the first meeting, asked if we could do something about the proximity to their homes, and we agreed to recess the third floor level of building back the 15 feet. It's the same process we'd follow on the property on Independence Boulevard, and so that that seemed to appease those residents, and we thought it would appease the residents there. I'm sorry,we had letters opposition afterwards, but in fact, one of the people wrote a letter in opposition to ask for the recessing, and then in addition, I had asked if she could work on the landscaping with us. So, we set up a call with her and Billy Almond, who you all know very well, on the landscaping, so that she can participate in the selection of landscaping material. So that's the outreach we've had, if you will, Mr. Chairman. Now we also reached out to the people behind us, there's an apartment complex in the rear of the site, and they wrote an email or an email in support as long as we kept over the fence in the back. They want us to keep the fence and we told them we would keep the fence. So, we talked to them as well. So that's the outreach we've held on the property as you can see. Mr. Wall: Okay, thanks. What about the single family home on the other side? Mr. Nutter: I did not reach out to them. I did the 7-Eleven just down the street, and we reached out to all those people. Nobody came to anything, so I didn't and also say that in that building, there's two homes on that site and one's is kind of a flag lot if you look at it. What you really see is the one in the front, and there's one more in the back, closer but it's just tons of trees between us and them, so we got the impression they just didn't have any concerns. I'll put it that way, but we did try as you can see through to reach out to everybody and try to pose an answer for every one that we could. Mr. Wall: Okay. One of the letters stated about the sign and I drove by there on Sunday, and I confirmed the sign was down and you said that sign had been down for a while. The orange notification. Mr. Nutter: We try to watch them and with the weather being what it is they sometimes get blown down. We always take pictures; we put them up to make sure staff knows, I didn't know it was down until your comments this morning, to be honest with you. Mr. Minton: Sign was damaged, somebody kicked it down. They broke one of the wooden sticks provided so it was clearly broken down. Put it back, but I did not know it was down until I saw that. Mr. Wall: Thank you. Any other questions? I don't think we've got any speakers. Thank you. Mr. Nutter: Well, just in case, some of you I know you got reappointed through February, and to the extent that I may not be back, by the way, but to extend I am back. I've got one case and I have to come back in a few months, but I want to wish you all the best, and thank you for your service. I hope you're all reappointed. You've been terrific members. It's not easy to sit here and listen to this over and over and over again. So, I appreciate your endurance, but anyway, thank you for your service. Mr. Wall: Thanks. Okay, well, I'm gonna close it to the public, and open it to the Planning Commissioners, yes, Mr. Bradley. Mr. Bradley: Mr. Chair, I share some of your concerns. I've struggled with these buildings just because of the size on the property, and the height to the adjacent homeowners. In this case I'm going to support it because I think there's some things that are tipping it, it's a close call for me like they all are. One, as Mr. Nutter mentioned, it is in the Accident Potential Zone. So, it limits some of the opportunities that you could from a development. It's gone through the RAC Design Committee, and think that's important for the corridor of which this enters. They are, you know, this has been a living process, I think for this development company. They reduced the height on that one on North Independence. They're doing that here. They increase landscaping and so forth. So, I think those are enough to tip it for me to support it. So, I just wanted to get that on record because I did talk about it this morning. Mr. Wall: Okay, thank you. Anybody else? Yeah, go ahead. Mr. Alcaraz: Because it's my district, in the informal I just had asked because it was brought up about the existing structure, or the concern with the new structure the way it is right now, and the reason I asked that, because I remember that building in the day with the bar scene, and I just wanted to see, so there was a building there. There's a new one going in there, looks like about the same setback. There's some screening going on there. There's storm water because there's some concerns about drainage, I'm sure that storm water is going to be a major constraint for them to make this project work, and then that the use is acceptable for the purpose of that. So having said that there's no other questions, and I'd like to make a motion. Mr. Wall: Okay, well, I've got a couple things. I'm kind of the one who wanted to hear this, and you know, I think that the letters that we received weren't necessary convincing, but they were certainly moving in terms of they're going to see a wall in perpetuity, that is going to be 25 feet off their back door, so it's 25 feet, not very far, it's shorter than any other storage unit that we put next to where we've had next to residential. So, it's a tight fit, but there are a couple of things that, for the use, I'm currently in support of, I think the use is appropriate. I think the aesthetics of them, and the front is more than adequate, and in this area, there's kind of a mix of commercial, retail and single family residential and multifamily residential. So, the use isn't problem, 25-feet, it feels really tight. The front of the building is 2 feet, the back of the building, you have three story, I mean, the buildings have three stories, but the windows on the back of three story, so the applicant had gone to an extent to try to match that height so that that's not above their homes adjacent to the property line. So, I have been told about this, I don't think that other storage units have some, opposed, but in this case, my preference would be a deferral to work with the homeowners to see what else could be done to improve the offset, improve the lighting, for their backyards. So, I know, somebody's probably ready to make a motion for approval, but I'd kind of like to make a motion for deferral to make an improvement for this. Mr. Alcaraz: I made a motion for it. Mr. Wall: You did make a motion for approval. Okay, then we are going to need a second. Mr. Weiner: I will second it. Madam Clerk: Mr. Chairman that was a motion by Mr. Alcaraz, and a second by Mr. Weiner. Mr. Wall: Correct. Madam Clerk: Vote is open. By a vote of 9 in favor, 1 against agenda item #4 has been recommended for approval. AYE 9 NAY 1 ABS 0 ABSENT 1 Alcaraz AYE Bradley AYE Clemons AYE Coston AYE Cuellar AYE Frankenfield AYE Horsley AYE Oliver ABSENT Redmond AYE Wall NAY Weiner AYE CONDITIONS 1. When the property is developed, it shall be in substantial conformance with the conceptual site plan entitled "OCEAN STORAGE — LASKIN ROAD", dated October 24, 2022, prepared by WPL, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 2. The exterior of the proposed buildings shall substantially adhere in appearance, size, materials to the submitted elevations entitled "OCEAN STORAGE", dated December 9, 2022, prepared by RBA Architects, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 3. A Landscape Plan shall be submitted to the Development Services Center of the Department of Planning & Community Development for review and ultimate approval prior to the issuance of a Certificate of Occupancy that is in substantial conformance to the conceptual landscape plan entitled "OCEAN STORAGE — LASKIN ROAD", dated November 9, 2022, prepared by WPL, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 4. All on-site signage must meet the requirements and regulations of the Zoning Ordinance. A separate permit from the Department of Planning & Community Development is required for any new signage installed on the site. 5. The freestanding sign shall be monument style, be no taller than eight (8) feet in height measured from the ground to the top of the sign and substantially adhere in appearance, size, and materials to the submitted freestanding sign exhibits entitled "OCEAN STORAGE — MONUMENT SIGN ELEVATION, dated November 16, 2022, prepared by RBA Architects, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 6. A Lighting Plan shall be submitted for review at site plan submittal. All outdoor lights shall comply with the following: a. Shall be shielded to direct light and glare onto the premises, said lighting and glare shall be deflected, shaded, and focused away from all adjoining property. b. Lighting fixtures shall not be erected any higher than fourteen (14) feet. c. Only motion activated lighting fixtures shall be installed at a height of no more than ten (10)feet along the easternly and westerly property lines that abuts the apartment and residential districts. 7. Parking above the maximum number of parking spaces shall only be permitted with approval by the Planning Director pursuant to Section 203(b)(9) of the Zoning Ordinance. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. From: Marchelle L.Coleman To: Marchelle L.Coleman Subject: FW: Ocean Storage Laskin Rd. Date: Wednesday,December 7,2022 7:48:55 AM From: LAWRENCE FLEDER<lakebarb4Paol.com> Date:Tue, Dec 6, 2022 at 5:03 PM Subject: Re: Ocean Storage Laskin Rd. To: mburnette7Pgmail.com<mburnette7Pgmail.com> CC:jcaplan.jcfPgmail.com<jcaplan.jcfPgmail.com>,5tephenrcaplanPgmail.com <stephenrcaplanPgmail.com>, mintoninterestsPgmail.com <mintoninterestsPgmail.com> Michael Burnette of Ocean Storage: On behalf of the Birdneck Village apartment community along the southerly boarder of your proposed storage facility we want to thank you for representing that the perimeter fence fence will be maintained or improved. We look forward to your site being developed for a 3 level climate controlled self storage facility. Your track record with this type of product is a good one and we endorse your application for such use. Very truly yours, Lawrence E. Fleder Birdneck Village Associates, L.L.P. 4701 Columbus Street. Suite 300. Virginia Beach. VA 23462 757-623-1062 ext 213, Lakebarb4@aol,com December 9, 2022 To Whom It May Concern: I am a 19-year resident of Coquina Condominiums,serving on the Association Board for 12 of those years. As such I,and we, certainly understand the meaning and value of being and having good neighbors of our Association. I have also been a customer of Ocean Storage for 7 years. I have personal knowledge of the quality of their organization. They maintain a safe,well run and well-appointed business. The level of professionalism of their staff and quality of the facility are a direct reflection of the commitment of the owners to their customers and the communities they serve. I would be happy to have Ocean Storage as a neighbor. Businesses have come and gone on that property over the years. Ocean Storage would be low-traffic, safe and clean. No dumpsters, no windows overlooking Coquina and security gates between our properties to impede access to Coquina from their property. That has not been the case with prior occupants of the property. I fully support the Ocean Storage proposed project on Laskin Road, adjacent to Coquina Condominiums. Rebecca White To Whom It May Concern: ' A.-.6 .14 My full name is(print name): ISrej•JCa— and I live At(address): 7. .7 _.0 ,Jc %,ik_.i .- Ve;) in Virginia Beach. cr: -3 y 5; I I recently met with Mr. Minton and Mr. Burnette who are proposing to build the self storage facility at 1069 Laskin Road. After meeting with them and hearing what they propose to build, I am comfortable with all the effort they have made to ensure this development will be a quiet use and a good neighbor. I am in support of this proposal. Signed, (print name):Ore trp ogs„Atiu (signature): (kJ To: Planning Commission From: Lisa Carter Date: December 8, 2022 Re: Conditional Use Permit 1069 Laskin Road GPIN(s): 2418601343 Accela Record(s):2022-PCCC-00247 I would like to express my opposition to a three-story warehouse on the adjacent site to my property. While I am not opposed to the development of the property in general, I totally oppose the overall size and height of the intended structure on the property. The backyards of the adjacent Coquina Condominiums extend 10 feet from the back door. With a 15 feet variance to the intended three structure building, it will be very confining and impeding with a towering wall so close. In addition to blocking any view,the amount of actual daylight will be limited to roughly one hour with the building positioned in a north to south direction. Any attempt to landscape the area on the side of the structure will have very limited growth and continually retain wet ground. Another major concern is the decreased property values of the units adjacent to the structure. With the building literally in our backyards, it will decrease the resale value and appeal of the units. Many units are only two stories which means the third story of the structure will extend another story above that. Prospective buyers will definitely be deterred by the obstructed view. All other adjacent businesses surrounding the condominiums have a much larger variance than 15 feet from the back fence. Differences between their similar business are that it faces an east to west direction with more sunlight and adjacent condos have wider backyards with ten-foot fences which we do not have. Again, I am not opposed to the development of the property but there is a HUGE difference between a 3-story monstrosity of a structure that literally takes up every foot of the entire parcel and a stand-alone business on the property. I also question the classification of a mini-warehouse. The overall square footage of a 3-story structure seems to exceed the description of a"mini" structure for the property. It will not be aesthetically appealing to have a 3-story structure among surrounding businesses that are only one story in height. I appreciate your reconsideration in the size and height restrictions of the structure on the intended parcel.Nobody should be forced, or want to live, confined by a monstrous structure. Respectfully submitted, Lisa Carter From: porti Goetz To: Marchelle L.Coleman Subject: Fw:Mini-warehouse Date: Thursday,December 8,2022 4:48:23 PM CAUTION:This email originated from outside of the City of Virginia Beach.Do not click links or open attachments unless you recognize the sender and know the content is safe. To: Planning Commission From: Dorthy Goetz Date: December 9, 2022 Re: Conditional Use Permit 1069 Laskin Road GPIN(s): 2418601343 Accela Record(s):2022-PCCC-00247 I am completely opposed to a THREE-STORY warehouse on the adjacent site to my property. While I am not opposed to the development of the property in general, I totally oppose the overall size and height of the intended structure on the property. The backyards of the adjacent Coquina Condominiums extend 10 feet from the back door. With a 15 feet variance to the intended three structure building, it will be very confining and impeding with a towering wall so close. In addition to blocking any view,the amount of actual daylight will be limited to roughly one hour with the building positioned in a north to south direction. Any attempt to landscape the area on the side of the structure will have very limited growth and continually retain wet ground. Another major concern is the decreased property values of the units adjacent to the structure. With the building literally in our backyards, it will decrease the resale value and appeal of the units. Many units are only two stories which means the third story of the structure will extend another story above that. Prospective buyers will definitely be deterred by the obstructed view. All other adjacent businesses surrounding the condominiums have a much larger variance than 15 feet from the back fence. Differences between their similar business are that it faces an east to west direction with more sunlight and adjacent condos have wider backyards with ten-foot fences which we do not have.Again, I am not opposed to the development of the property but there is a HUGE difference between a 3-story monstrosity of a structure that literally takes up every foot of the entire parcel and a stand-alone business on the property. I also question the classification of a mini-warehouse. The overall square footage of a 3-story structure seems to exceed the description of a"mini" structure for the property. It will not be aesthetically appealing to have a 3- story structure among surrounding businesses that are only one story in height. I appreciate your reconsideration in the size and height restrictions of the structure on the intended parcel.Nobody should be forced, or want to live, confined by a monstrous structure. Respectfully, Dorthy Goetz December 6,2022 3329 Village Road Sebring, Florida 33872 City Of Virginia Beach Virginia Beach Planning Commission Department of Planning 2875 Sabre Street Suite 500 Virginia Beach,Virginia 23452 To Whom it may Concern: I currently own property at 1022 Coquina Chase in Virginia Beach. I am writing to you concerning the Planning Commission meeting being held on December 14,2022 at 12:00 p.m.,regarding the Conditional Use Permit for the construction and operation of a three-story climate controlled self- storage facility. I am against approval of this permit due to the fact I will be living with this three-story building behind my unit. When I sit in my small yard(which is only nine feet deep),I will be looking up at a three-story building and it will block the lovely colors of the sunsets I can see from my yard in the summer. I can't imagine the amount of landscaping needed to cover a building that is three stories high and that would adequately hide such a building. Also,the noise from the mechanical equipment that will be needed to cool these climate-controlled units will make sitting in my back yard intolerable,as well as the traffic in and out of this proposed facility: The property at 1069 Laskin Road is surround by residential property on two and a half sides,therefore, this is not the right location for such a storage facility. I believe it would be more appropriate to build a one-story commercial building rather than a three-story. Also,with a three-story building only feet away from my back yard, it will lower the property values on all the units along the west side of Coquina Chase. I hope you will take my concerns into consideration at your meeting on December 14,2022 and vote no on this permit. Sincerely, Cei-exea,„120QL1 Deborah A. Dailey Joanne Friedenson 1010 Coquina Chase Virginia Beach, Va 23451 757.754.1022 Jo.Friedenson@atkinsonrealty.com December 13, 2022 Marchelle Coleman Dept of Planning & Community Development Regarding: Conditional Use Permit for 1069 Laskin Rd, Va Beach, Va Dear Ms. Coleman, This is to express a most fervent opposition to a mini-warehouse proposed to be built 15' from my property fence. There is nothing mini about this building. This would significantly affect not only the value of my condominium unit, but the significant enjoyment of my home. I bought my specific condo unit because of the light. My backyard is west and I am accustomed to getting sun all afternoon and early evening. I would not have purchased this unit had there been an enormous warehouse so close. I was attracted to the light and the view of the trees. Even though I knew it was an empty lot and would one day be purchased, I never imagined 3 stories taking up every square inch of the lot. In addition, this use is nonconforming. How could any of us have known it could be changed from business to light industrial zoning? In addition, it isn't compatible with the Laskin Road Corridor Vision. A huge self-storage warehouse is not improving the aesthetic nor the desirability of being on Laskin Road. It certainly doesn't bring more jobs. I have met with the developers and I have been trying to consider the intentional design details they plan on implementing to be as considerate as possible to those affected. I do appreciate the fact that there will be no windows (no light pollution), no roads nor parking nearby. I have also discussed preferable landscape buffers. However, no matter how weigh it all, nothing is more important than the light we all enjoy illuminating our homes. The building is far too close and it will be an imposing structure that will feel confining and suffocating and it will significantly alter the enjoyment of our homes. I don't think it's fair to change the zoning of a lot and completely alter the environment of adjacent properties. Some say they don't think it will have an effect on values. That is only being said by those not directly affected. I am an established realtor, and I can speak from personal experience that buyers are turned off by dark houses and obstructed views. I know I would not have purchased it a year and a half ago if there were a huge building 15' from my fence. I am not so different from any other buyers. If it affects the desirability of my unit, it will affect the price. If it affects the price of my until, it will affect comps for the entire development. I found out about this from a notice from the city. Those of us back here on Coquina Chase were never contacted by our Condo Board even though they met with the developers privately. The orange sign mandated to be posted in front of the lot is vandalized and flat against the ground and I never noticed it (still is). It's been that way for quite a while. When I received the notice from the city, I posted it on our condo FB page. Only then did the President of our condo association (on FB) suggest concerned condo owners meet with the developers. I am still hearing from neighbors that have no idea of this proposed project. If feels as if there are some who were hoping this would fly under the radar. Most of us that live on Coquina Chase are devastated at the thought of losing our sun and our view. Many of my neighbors, including me, have invested money updating their condos. That is money we will not get back with dark houses and a huge wall outside our back windows. There is no vegetation that will compensate for our lack of light and it will take many years for it to obscure the wall. Please see the photos I have attached of the view and light we have now. That is what will be taken away. Notice the picture of the sun reflecting off 3 floors of windows. The developer's rendering of our condos does not represent our height nor our windows. In addition, they did not put in our fences that extend only 10' from our back door. Therefore, it gives the impression to a layperson the buffer is wider. I have a picture showing the actual distance. I understand they are putting in a 15' indentation on the 3rd floor. This really does nothing to prevent our sun from being blocked. The sun will be behind it. Those of us with 3 floors will have 3 floors of staring at a wall. It's just on our 3rd floor the wall will be a little further back. I believe these developers are good conscientious professional men. I have met them. could compromise with their proposed plan if the City would insist on a larger setback. suggest it being at least 30' from our fences. That would allow light to get to our homes and it would help the vegetation in the buffer to grow. It would still block a significant amount of light, but it would be a compromise. If this will be allowed to move forward, there will be a good many devastated homeowners on Coquina Chase; Me being one of them. Respectfully Submitted, Joanne C. Friedenson Holland Ro/ad ---- _— / \ r","' i 1 B2 l')/ B2 I 132 J B2 B2 ' L117 , // / . N r A Site �, . w_— t� Property Polygons Valvoline, LLC vim' Zoning Portion of 3949 Holland Road S Building I. INI Feet 0 15 30 60 90 120 150 180 r 1� �4y�ii 4 q., ..„.„ „,„...,,,:y CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: VALVOLINE, LLC [Applicant] HOLLAND CENTURY ASSOCIATES, LLP [Property Owner] Conditional Use Permit (Automobile Repair Garage) for the property located at 3949 Holland Road (GPIN 1486252370). COUNCIL DISTRICT 10, formerly Rose Hall MEETING DATE: January 17, 2023 • Background: The applicant is requesting a Conditional Use Permit for an Automobile Repair Garage on the B-2 Community Business District zoned parcel. Currently, a lease line divides the southern and north portion of the property. The northern portion of the site is operating as an Automobile Repair Garage (Discount Tire)which was approved by City Council in 2015 and the proposed use will occupy the southern half of the lot. The applicant is seeking to construct an Automobile Repair Garage, specifically for a Valvoline Instant Oil Change facility. The proposed business will limit repair services to oil changes, air condition, and battery replacement. Customers remain in their vehicles while the service is being performed. The proposed 2,087 square foot building will consist of a one-story structure made of beige EIFS, red brick, and anodized aluminum windows. The overhead garage doors will be glass that create a transparent façade when closed. • Considerations: The request is consistent with the Comprehensive Plan's policies and land use goals for the Suburban area, as the auto sales business provides a service to the area and is compatible with the number of automobile related service uses along this section of Holland Road. There is a predominance of auto-centric uses in the immediate vicinity. All work and storage of materials will occur within the building. No body work or paint work will take place on the subject site. Per Section 203 of the City Zoning Ordinance, one space per employee on maximum working shift and one parking space per office space, or seven spaces for this 2,087 square foot operation is required. The existing parking area consists of 11 parking spaces, exceeding the minimum parking requirement by five spaces. As depicted on the conceptual Landscape Plan, interior parking lot planting are proposed around the perimeter of the parking lot along with required foundation plantings proposed. The traffic generated by the proposed oil change facility will Valvoline, LLC Page 2 of 3 result in a total of 150 average daily trips. There is no data available for the partially existing vacant lot; however, the 1 acre, B-2 zoned parcel generates approximately 550 average daily trips. Ultimately, the proposed use will likely generate lower traffic volumes than other commercial uses that are permitted by-right in the B-2 Community Business District. Further details pertaining to the application, as well as Staffs evaluation, are provided in the attached Staff Report. There is no known opposition to this request. ■ Recommendation: On December 14, 2022, the Planning Commission passed a motion to recommend this item on the Consent Agenda, passing a motion by a recorded vote of 10-0, to recommend approval of this request. 1. The site shall be developed and maintained substantially in conformance with the submitted site layout entitled "VALVOLINE INSTANT OIL CHANGE," dated JULY 14, 2022, and prepared by Interplan LLC. Said plan has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning & Community Development. 2. The design, size, and materials of the building shall be substantially in adherence, with the submitted elevation exhibits entitled "RENDERED ELEVATIONS" dated July 14, 2022. Said elevations have been exhibited to the Virginia Beach City Council and are on file with the Department of Planning & Community Development. 3. The landscaping on site shall be in substantial conformance to the conceptual landscape entitled "VALVOLINE INSTANT OIL CHANGE—HOLLAND RD. & WINDSOR OAKS BLVD, Virginia Beach, VA 23452—LANDSCAPE PLANTING PLAN", dated November 30, 2022, prepared by Interplan, LLC., which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 4. The dumpster shall be enclosed by a wall on three sides, constructed of materials that match the building, not less than six feet in height, and any required screening shall be installed in accordance with Section 245(e) of the Zoning Ordinance and the City of Virginia Beach Landscaping Guide. 5. No motor vehicles in a state of obvious disrepair shall be stored outside of the building. All such vehicles shall only be permitted to be stored within the building. 6. No motor vehicle repair work shall take place outside of the building. Valvoline, LLC Page 3 of 3 7. No motor vehicles associated with Conditional Use Permit shall be parked within any portion of the internal drive aisles/paths of the shopping center. 8. There shall be no outdoor storage of equipment, parts, tires, or materials. 9. All on-site signage shall meet the requirements of the City Zoning Ordinance. There shall be no signs that contain or consist of pennants, ribbons, streamers, spinners, strings of light bulbs, or other similar moving devices on the site or on the vehicles. There shall be no signs which are painted, pasted, or attached to the windows, utility poles, trees, or fences, or in an unauthorized manner to walls or other signs. 10.There shall be no portable or nonstructural signs or electronic display signs on the site. 11.All outdoor lights shall be shielded to direct light and glare onto the premises, said lighting and glare shall be deflected, shaded, and focused away from all adjoining property. Any outdoor lighting fixtures shall not be erected any higher than fourteen (14) feet. • 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 G %( City Manager: �� p Applicant Valvoline, LLC Property Owner Holland Century Associates, LLP Agenda Item 'NBPlanning Commission Public Hearing December 14, 2022 City Council District 10,formerly Rose Hall 12 Virginia Beach Request Conditional Use Permit (Automobile Repair Garage) • ' k -\ \. " . i g --tA, Staff Recommendation Approval / o • Staff Planner , , ' , AMichaels McKinney e %.►/ I Location Y , o 1i Southern portion of 3949 Holland Road GPIN o�v $ , 1486252370 euc� e f �rMA,EveR EKoa a Site Size 04, FrFCp �4p,_ L_ fss,kPOND ` Rc ou 2.00 acres (leased area 1.00 acre) , cl • 4 ♦ ` - 2 — a L. c } euti. AICUZ • I� !__I s ` Less than 65 dB DNL / (1 /. 0Y 7oLEV Watershed �� Chesapeake Bay Existing Land Use and Zoning District Automobile Repair Garage/ B-2 Community A "'r, v : ''� • Business • ` ' . 1 , Surrounding Land Uses and Zoning Districts -= _ _ 'r __ _ North : • _ Holland Road ,a` ' ___ , -J Restaurants/ B-2 Community Business '�� , South { 'r`, .—c .... Grocery Store/B-2 Community Business . 2 0. ) r J,- . ij.+, , East , Princess Anne Road " 22 R-` 1. `' �► = Shopping Center/B-2 Community Business • ! � -- ` , . -� A 's / West . c . • / , Windsor Oaks Boulevard Pharmacy/ B-2 Community Business / ".` .: - Y 4 Valvoline, LLC Agenda Item 12 Page 1 Background & Summary of Proposal • The applicant is requesting a Conditional Use Permit to operate an Automobile Repair Garage on the southern portion of a two-acre outparcel within the Holland Windsor Crossing Shopping Center zoned B-2 Community Business District.A lease line divides the northern and southern portion of the property. An existing Automobile Repair Garage (Discount Tire) is located on the northern half portion of the lot.This proposal will occupy the southern half of the lot. • The applicant is seeking to construct a 2,087 square-foot Automobile Repair Garage that will provide drive-through limited maintenance services such as oil changes, power steering fluid service, and battery replacement. Provided services will be limited to those that can be done while customers can remain in their vehicles.The applicant anticipates up to 50 cars will be serviced daily. • All work and storage of materials will occur within the building. No body work or paint work will take place on the subject site. • Interior parking lot plantings are proposed around the perimeter of the parking lot along with the required building foundation plantings. • The building elevations depict a one-story structure made of beige EIFS, red brick, and anodized aluminum windows. A metal canopy will cover the entrance of the building and customers will drive their vehicles into the three service bays that run through the width of the building.The overhead garage doors are proposed to be glass, creating a transparent facade when closed. The dumpster enclosure on site also consists of beige EIFS and red brick,the same materials as the one-story structure. • Building signage will be flat wall signage in Valvoline brand colors of red,white, and blue. Non-illuminated panel signs will be located above the service bay doors on the south elevation and will be visible from Holland Road.The applicant also proposes interior directional signage and a tenant sign on the existing monument style sign. Sign information is shown on pages nine through 12 of this report. • The hours of operation are proposed as 7:00 a.m. to 8:00 p.m., Monday through Sunday. A maximum of six employees on a shift is expected. • Per Section 203 of the City Zoning Ordinance, one parking space per employee on a maximum working shift is required and one parking space per 330 square feet of office space.The Conceptual Site Plan shows 11 parking spaces, exceeding the minimum required parking by 5 spaces. Valvoline, LLC Agenda Item 12 Page 2 4 si -- -- — _ji Zoning History # Request 1 LUP(Timberlake)Approved 09/20/79 i 2 CUP(Automobile Repair Garage)Approved 03/08/1995 D CRZ(R7.5 to Conditional B-2)Approved 03/08/1995 P1 CRZ(B-2 to Conditional B-2)Approved 03/08/1995 CRZ(A-12 to Conditional B-2)Approved 03/08/1995 dz MOD Approved 08/11/2011 PP 2 3 CUP(Automobile Repair Garage)Approved 02/24/2016 4 CUP(Tattoo Parlor)Approved 09/06/2017 Application Types CUP—Conditional Use Permit MDC—Modification of Conditions STC—Street Closure SVR—Subdivision Variance REZ—Rezoning MDP—Modification of Proffers FVR—Floodplain Variance LUP—Land Use Plan CRZ—Conditional Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental Evaluation & Recommendation In Staff's opinion,this request for a Conditional Use Permit for an Automobile Repair Garage is acceptable.The proposed use is consistent with the Comprehensive Plan's land use policies for the Suburban Area, as it aligns within the guiding development principles of creating"Great Neighborhoods," which seek development of sustainable neighborhoods supported by complementary non-residential uses. In Staff's view, the use will provide a convenience and needed service to the community. This parcel is divided by a lease line with the northern portion currently occupied by a different Automobile Repair Garage, known as Discount Tire. The Conditional Use Permit for Discount Tire was approved by City Council in 2016.The proposed Valvoline on the southern portion of the lot is compatible with the existing use. The proposed and existing uses are both auto-centric but provide different types of services to customers. Discount Tire solely focuses on tire and wheel services whereas Valvoline will provide limited maintenance services such as oil changes, power steering fluid service, and battery replacement. As shown on the Conceptual Landscape Plan, interior parking lot and building foundation plantings are proposed as required. The proposed landscaping appears to meet the requirements of the Zoning Ordinance; however, a more detailed review of all screening and planting requirements will occur during final site plan review. In Staff's opinion,the traffic generated by the proposed oil change facility will result in a total of 150 average daily trips. The existing data shows no generated trips for the current vacant lot and a generation of 550 average daily trips for the one-acre B-2 zoned lot.The proposed use will generate lower traffic volumes than other commercial uses that are permitted by right in the B-2 Community Business District. In sum,the proposal is consistent with the Comprehensive Plan and is a compatible use with adjacent properties along Holland Road;therefore, Staff is recommending approval of this request subject to the conditions below. Valvoline, LLC Agenda Item 12 Page 3 Recommended Conditions 1. The site shall be developed and maintained substantially in conformance with the submitted site layout entitled "VALVOLINE INSTANT OIL CHANGE," dated JULY 14, 2022, and prepared by Interplan LLC. Said plan has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning & Community Development. 2. The design, size, and materials of the building shall be substantially in adherence,with the submitted elevation exhibits entitled "RENDERED ELEVATIONS" dated July 14, 2022. Said elevations have been exhibited to the Virginia Beach City Council and are on file with the Department of Planning&Community Development. 3. The landscaping on site shall be in substantial conformance to the conceptual landscape entitled "VALVOLINE INSTANT OIL CHANGE—HOLLAND RD. & WINDSOR OAKS BLVD,Virginia Beach, VA 23452—LANDSCAPE PLANTING PLAN", dated November 30, 2022, prepared by Interplan, LLC.,which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning&Community Development. 4. The dumpster shall be enclosed by a wall on three sides, constructed of materials that match the building, not less than six feet in height, and any required screening shall be installed in accordance with Section 245(e) of the Zoning Ordinance and the City of Virginia Beach Landscaping Guide. 5. No motor vehicles in a state of obvious disrepair shall be stored outside of the building. All such vehicles shall only be permitted to be stored within the building. 6. No motor vehicle repair work shall take place outside of the building. 7. No motor vehicles associated with Conditional Use Permit shall be parked within any portion of the internal drive aisles/paths of the shopping center. 8. There shall be no outdoor storage of equipment, parts,tires, or materials. 9. All on-site signage shall meet the requirements of the City Zoning Ordinance.There shall be no signs that contain or consist of pennants, ribbons, streamers, spinners, strings of light bulbs, or other similar moving devices on the site or on the vehicles.There shall be no signs which are painted, pasted, or attached to the windows, utility poles,trees, or fences, or in an unauthorized manner to walls or other signs. 10. There shall be no portable or nonstructural signs or electronic display signs on the site. 11. All outdoor lights shall be shielded to direct light and glare onto the premises, said lighting and glare shall be deflected, shaded, and focused away from all adjoining property. Any outdoor lighting fixtures shall not be erected any higher than fourteen (14)feet. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Valvoline, LLC Agenda Item 12 Page 4 Comprehensive Plan Recommendations The site is located within the Suburban Area of the city, as designated by the Comprehensive Plan. Guiding principles have been established in the Comprehensive Plan to protect the stability of the Suburban Area and to provide a framework for neighborhoods and places that are visually interesting and that provide memorable character. The Plan's primary guiding principle is to create "Great Neighborhoods," and to support those neighborhoods with complementary non-residential uses in such a way that the stability of the Suburban Area is maintained in a sustainable way. Natural & Cultural Resources Impacts The site is located in the Chesapeake Bay Watershed. There are no known natural or cultural resources on this site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Existing Land Use 2—0 ADT Holland Road 35,400 ADT1 32,700 ADT 1(LOS 5"D") Existing Zoning 3—550 ADT Proposed Land Use°—150 ADT 1 Average Daily Trips 2as defined by a vacant lot 4 as defined by a 3 Bay Oil change 5 LOS=Level of Service 3 as defined by a 1.0 acre B-2 facility Zoning Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Holland Road in the vicinity of this application is considered a four-lane divided minor urban arterial. The MTP proposes a six-lane facility within a 165 foot right-of-way. There is a CIP project funded for this section of Holland Road, which is scheduled to begin construction in 2030. This project will create a superstreet typical section along Holland Road, from South Plaza Trail to South Rosemont Road, a distance of 1.3 miles.The superstreet will be developed by creating restrictions on left-hand turns from side streets and adjacent properties through the installation of Restricted Crossing U-Turn (R-CUT), which helps reduce crashes, intersections. Public Utility Impacts Sewer & Water This site is connected to both City water and sanitary sewer service. Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s)was placed on the property on November 14, 2022. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, November 27, 2022 and December 4, 2022. Valvoline, LLC Agenda Item 12 Page 5 • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on November 28, 2022. • 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 December 8, 2022. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,January 1, 2023 and January 8, 2023. • 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 January 2, 2023 • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departmentsJcity-clerk/city-council/Documents/BookmarkedAgenda.pdf on January 13, 2023. 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' "I CO 1 s QU -limaOl W GJ 'A 0 IZ 0 L 0- Proposed Sign Renderings W I- 0 ( — ) Q i I W I -- CU C I w WI CIo g E 7 d } „„,...n3 C � , cov., o I . " r o C Q ct v az a 0a .c t > L—--u-rii-t—i iu=Li i--z..L. Occ Q •1\tit__12 _k L.V as 0 --Ji— TI an C < C oiI I MN •Z z I \,` -1 1-F. w ' I f In •... �' 'r. J Fes- i i ;� J W ! „„...._to f,;" t. . • ,.. • c:, 0. .• 1 ._ 13 .., i .-. F— z< D I TH C .:,:. ....„ i !.. - -__ o O F 1 t _ ry b -I >- M p W • 2 00 1 � Z > > 4 Valvoline, LLC Agenda Item 12 Page 10 Sign Renderings 0 > �.r� J A l W 6i d d a CAA' tel A 0 10 ji,_r_!ammo' — cc U iz �� UN o�' �'� Vin o C!? a F s C 3 i Ea gi E. is ii I O 5 C6 5 C — Ti 0 Ca W Vi i' tit I . (� z 0 C W O _ _ v, U = a) Al AZ Al AZ cc 'a iv 2 O Q V Valvoline, LLC Agenda Item 12 Page 11 Proposed Sign Renderings w 0 1 _ c. -„ € s . m a ' .— 'I sue' Q ,� — G '44,... R _ r# �.. sue.# fip 111 � C V R a CO '_ i til O ,tiftw -„., --...„-. ';-`-,- -... # . *lie-, ' - , 411 I CICT CLJ )I I is :ID ! Valvoline, LLC Agenda Item 12 Page 12 Site Photos F. rr } ��.`'�: as.`'.' ,t.-�.s +'�� �--ar`� � 1. ! y� ate. .$�;'S• �. • RtV, rt Valvoline, LLC Agenda Item 12 Page 13 Site Photos • A R • • Valvoline, LLC Agenda Item 12 Page 14 Disclosure Statement Disclosure Statement C�p�1�ryur;Bean 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 VALVOLINE LLC Does the applicant have a representative? N Yes ❑No • If yes,list the name of the representative. ROBERT P.BEAMAN,Ill,ESQ.,TROUTMAN PEPPER HAMILTON SANDERS LLP Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?li Yes ❑No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Pres.Samuel J.Mitchell,Jr.,Sr.VP&Chief Legal Officer and Corp.Sec.,Julie M.O'Daniel,VP Thomas A.Gerrald II,VP Jamal K. . Lynn P.Freeman,Sec.Laura I.Pentova,Asst.Sec.Anthony J.Cieri,Asst.Sec.Ian C.Lofwall,and Asst.Sec.Tax Clayton T.Hagan. • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) Valvoline Inc.and Valvoline US LLC. 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. Revised 11.09.2020 1 Valvoline, LLC Agenda Item 12 Page 15 Disclosure Statement Disclosure Statement \43 �'vv yf►''v'. &rat 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?0 Yes I 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?0 Yes • No • If yes,identify the firm and individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?•Yes 0 No • If yes,identify the firm and individual providing the service. INTERPLAN LLC-KIMBERLY C.PAVLIK,DON ZELINSKI 5. Is there any other pending or proposed purchaser of the subject property?❑Yes II No • If yes,identify the purchaser and purchaser's service providers. Revised 11.09.2020 2 Valvoline, LLC Agenda Item 12 Page 16 Disclosure Statement Disclosure Statement Planning&Community Development 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?❑Yes IN 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?I Yes ❑No • If yes,identify the firm and individual providing the service. INTERPLAN LLC-STUART ANDERSON 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. TROUTMAN PEPPER HAMILTON SANDERS LLP-ROBERT P.BEAMAN,Ill,ESQ. Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Applicant Signature (1 L 1 BY: A T / C , SS 1 STD 1 Se c t e J 1 Cti C' Print Name and Title t7i �S cam. Date Is the applicant also the owner of the subject property? ❑Yes II 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 ,� v ® No changes as of Date i 01/03/2023 Signature jtZLel., C%d �. 1/1CAilt417 Print Name Michaels D.McKinney Revised 11.09.2020 Wage Valvoline, LLC Agenda Item 12 Page 17 Disclosure Statement Disclosure Statement \13 Planning 8r Community _. ." Development Owner Disclosure Owner Name HOLLAND CENTURY ASSOCIATES LLP Applicant Name VALVOLINE LLC Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business? Yes ❑No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Managers: (1)Lawrence Fleder,Manager of Fleder Family Group;(2)Stephen R.Caplan,Manager of Caplan Family Group;and (3)James M.Caplan,Manager of Caplan Family Group • If yes,list the businesses that have a parent-subsidiary3 or affiliated business entity'relationship with the Owner. (Attach a list if necessary) NONE. 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 I No • If yes,what is the name of the official or employee and what is the nature of the interest? 3"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 Valvoline, LLC Agenda Item 12 Page 18 Disclosure Statement Disclosure Statement a y 4 Virginia!mat Planning&Community.- I �elopmeni Owner Services Disclosure 1. Does the Owner have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑Yes ■No • If yes,identify the financial institutions providing the service. 2. Does the Owner have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes ■ No • If yes,identify the company and individual providing the service. 3. Does the Owner have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?❑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?❑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 (i No • If yes,identify the purchaser and purchaser's service providers. 6. Does the Owner have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?❑Yes • No • If yes,identify the company and individual providing the service. 7 Does the Owner have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?❑Yes •No • If yes,identify the firm and individual providing the service. Revised 11.09.2020 6 I Valvoline, LLC Agenda Item 12 Page 19 Disclosure Statement Disclosure Statement 1113 cse dellusgrac Ma Planning&Community 44111)1 " Development 8. Is the Owner receiving legal services In connection with the subject of the application or any business operating or to be operated on the property?0 Yes W.No • if yes,identify the firm and Individual providing legal the service. Owner Signature I certify that at 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 schedJled 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. HOLLAND CENTURY ASSOCIATES LIP Own r Signature — -t_ / f B 1 f -- 1r r Print ame and Title CIN, CC* i mows: — 1 t i r- t it c t 9 /3 e ).2. Data wLZ t Valvoline, LLC Agenda Item 12 Page 20 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision, the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • 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. Valvoline, LLC Agenda Item 12 Page 21 Virginia Beach Planning Commission December 14, 2022, Public Meeting Agenda Item # 12 Valvoline, LLC (Applicant) Holland Century Associates, LLP (Property Owner) Conditional Use Permit (Automobile Repair Garage) Address: Portion of 3949 Holland Road RECOMMENDED FOR APPROVAL — CONSENT Mr. Alcaraz: Thank you. The next item is#12, Valvoline, LLC. Please come forward and state your name. Mr. Beaman: Thank you Mr. Chairman, for the record Rob Beaman, Virginia Beach Land Use Attorney here today on behalf of the applicant. We've had a chance to read these conditions as well. These are acceptable, and we appreciate being on consent, thank you. Mr. Alcaraz: Thank you. Is there any opposition to this item being placed on the consent agenda? Hearing none, I've asked Commissioner Coston to please speak on this item. Mr. Coston: The applicant is requesting a Conditional Use Permit to operate an Automobile Repair Garage on the southern portion of a two acre out parcel within the Holland Windsor Crossing Shopping Center, zoned B-2 Community Business District. A lease line divided the northern and the southern portion of the property, and existing automobile repair garage Discount Tire is located on the northern half portion of the lot. This proposal will occupy the southern half of the lot. The applicant is seeking to construct a 2087 square foot automobile repair garage that will provide drive thru limited maintenance services such as oil changes, power steering, fluid service, and battery replacement. Provided services will be limited to those that can be done while the customer can remain in their vehicles. The applicant anticipates up to 50 cars will be serviced daily. The Commission has agreed with the staff that this is acceptable, and we have placed this item on the consent agenda. Mr. Alcaraz: Thank you. Mr. Chair that was the last item for the consent agenda. The Planning Commission places the following applications on the consent agenda items#1, 3, 5, 6, 7, 8, 11, 12 & 13. Mr. Wall: Okay, thank you, Mr. Alcaraz. Alright, so that was not a motion, but so could you state that again as a motion? Mr. Alcaraz: Sure, I move that these items 1, 3, 5, 6, 7, 8, 11, 12 and 13 are approved for consent. Mr. Wall: Okay. Thank you. So we have a motion by Mr. Alcaraz. Do we have a second? Mr. Clemons: Second. Mr. Wall: Do we have any abstentions? An abstention by Mr. Frankenfield. Mr. Frankenfield: I am going to abstain pursuant to the Conflicts of Interests Act. I have a letter on file with the city attorney, and I have a previous business relationship with Sifen Associates, and will abstain from this vote. Mr. Wall: Okay, thank you. Mr. Tajan: Just to clarify that's for item #7 on the consent agenda. I'm sorry, item #six on the consent agenda that Mr. Frankenfield is abstaining from. It should be item #6 that he's abstaining from, not the whole consent agenda. Mr. Wall: Can you speak? I couldn't hear you. Mr. Tajan: I'm sorry. Mr. Frankenfield is abstaining from item#6 on the consent agenda. He's not abstaining on the whole consent agenda. Mr. Wall: Okay. Madam Clerk: Mr. Chairman, I noted a motion by Mr. Alcaraz, a second by Mr. Clemons. The vote is open. Mr. Frankenfield, can we get your vote please? By a vote of 10 in favor, 0 against, noting an abstention by Commissioner Frankenfield from agenda item #6, agenda items 1, 3, 5, 6, 7, 8, 11, 12, and 13 have all been recommended for approval. AYE 10 NAY 0 ABS 0 ABSENT 1 Alcaraz AYE Bradley AYE Clemons AYE Coston AYE Cuellar AYE Frankenfield AYE Horsley AYE Oliver ABSENT Redmond AYE Wall AYE Weiner AYE CONDITIONS 1. The site shall be developed and maintained substantially in conformance with the submitted site layout entitled "VALVOLINE INSTANT OIL CHANGE," dated JULY 14, 2022, and prepared by Interplan LLC. Said plan has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning & Community Development. 2. The design, size, and materials of the building shall be substantially in adherence, with the submitted elevation exhibits entitled "RENDERED ELEVATIONS" dated July 14, 2022. Said elevations have been exhibited to the Virginia Beach City Council and are on file with the Department of Planning & Community Development. 3. The landscaping on site shall be in substantial conformance to the conceptual landscape entitled "VALVOLINE INSTANT OIL CHANGE—HOLLAND RD. &WINDSOR OAKS BLVD, Virginia Beach, VA 23452 —LANDSCAPE PLANTING PLAN", dated November 30, 2022, prepared by Interplan, LLC., which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 4. The dumpster shall be enclosed by a wall on three sides, constructed of materials that match the building, not less than six feet in height, and any required screening shall be installed in accordance with Section 245(e) of the Zoning Ordinance and the City of Virginia Beach Landscaping Guide. 5. No motor vehicles in a state of obvious disrepair shall be stored outside of the building. All such vehicles shall only be permitted to be stored within the building. 6. No motor vehicle repair work shall take place outside of the building. 7. No motor vehicles associated with Conditional Use Permit shall be parked within any portion of the internal drive aisles/paths of the shopping center. 8. There shall be no outdoor storage of equipment, parts, tires, or materials. 9. All on-site signage shall meet the requirements of the City Zoning Ordinance. There shall be no signs that contain or consist of pennants, ribbons, streamers, spinners, strings of light bulbs, or other similar moving devices on the site or on the vehicles. There shall be no signs which are painted, pasted, or attached to the windows, utility poles, trees, or fences, or in an unauthorized manner to walls or other signs. 10. There shall be no portable or nonstructural signs or electronic display signs on the site. 11. All outdoor lights shall be shielded to direct light and glare onto the premises, said lighting and glare shall be deflected, shaded, and focused away from all adjoining property. Any outdoor lighting fixtures shall not be erected any higher than fourteen (14) feet. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. .'"- (GA- ...erg%t L .LS jJ W .c'J CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: CITY OF VIRGINIA BEACH [Applicant] Resolution (Amendment to the City of Virginia Beach Comprehensive Plan 2016 with the adoption of the Resort Area Mobility Plan) MEETING DATE: January 17, 2023 • Background: The purpose of this amendment is to update the Reference Handbook of the Comprehensive Plan, 2016, to incorporate and reference the recently developed Resort Area Mobility Plan (RAMP). This plan is a comprehensive look at all transportation modes to support the movement of people and goods throughout the Resort Area and serves as a blueprint for how the community intends to transition from a focus on moving vehicles to a more balanced focus on safely moving people in ways that reflect the current needs and the community's desire for the future. The completion and adoption of the plan fulfills one of the goals of the Resort Area Strategic Action Plan (RASAP). • Considerations: The adoption of the Resort Area Mobility Plan would support the Resort Area Strategic Action Plan 2030, which established the creation of a Mobility Plan as a priority in June 2020 and would support the Resort Area's goals of being a year- round destination for residents and visitors alike by providing strategies that support the development and improvement of the Resort Area transportation system. Further details pertaining to the application, as well as Staffs evaluation, are provided in the attached Staff Report. There is no known opposition to this request. • Recommendation: On December 14, 2022, the Planning Commission passed a motion to recommend this item on the Consent Agenda, passing a motion by a recorded vote of 10-0, to recommend approval of this request. • Attachments: Staff Report Ordinance Resort Area Mobility Plan Document Minutes of Planning Commission Hearing City of Virginia Beach Page 2 of 2 Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department 0 City Manager:if it$ 1 A RESOLUTION TO ADOPT AND INCORPORATE INTO 2 THE VIRGINIA BEACH COMPREHENSIVE PLAN 2016 3 THE RESORT AREA MOBILITY PLAN 2022 4 5 WHEREAS, the public necessity, convenience, general welfare and good zoning 6 practice so require; 7 8 WHEREAS, the Resort Area Mobility Plan 2022 (RAMP), has been developed 9 with extensive input from the community and stakeholders, coordinating the priority of 10 the RASAP for such a study at the Oceanfront; and 11 12 WHEREAS, the RAMP is a comprehensive look at all transportation modes to 13 support the movement of people and goods in the Resort area; and 14 15 WHEREAS, the RAMP, is in conformity with the Comprehensive Plan; and 16 17 WHEREAS, the Planning Commission has recommended Approval for the 18 RAMP; and 19 20 WHEREAS, the RAMP should be adopted and incorporated as part of the 21 Comprehensive Plan 2016. 22 23 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 24 VIRGINIA BEACH, VIRGINIA: 25 26 That the Comprehensive Plan 2016 of the City of Virginia Beach be, and hereby 27 is, amended and reordained by: 28 29 The adoption by City Council of the City of Virginia Beach the Resort Area 30 Mobility Plan 2022 and its incorporation to the Comprehensive Plan 2016. Such 31 document is attached hereto and made a part hereof, having been exhibited to the City 32 Council and placed on file in the Department of Planning and Community 33 Development. Adopted by the Council of the City of Virginia Beach, Virginia, on this day of , 202_. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: c- frAlf . 4 m Planning epart nt ity A or' - 's Office CA15773 R-3 November 14, 2022 2 Applicant City of Virginia Beach Agenda Item Planning Commission Public Hearing December 14, 2022 Amendment to the City of Virginia Beach Comprehensive(woof Plan 2016 with the adoption of the Resort Area Mobility Virginia Beach Plan Request An Ordinance to amend the Reference Handbook section of the City of Virginia Beach Comprehensive Plan, 2016,to incorporate the Resort Area Mobility Plan (RAMP) into the"Documents Adopted by Reference"section of the Reference Handbook. Summary of Request The purpose of this amendment is to update the Reference Handbook of the Comprehensive Plan, 2016, to incorporate and reference the recently developed Resort Area Mobility Plan (RAMP).This plan is a comprehensive look at all transportation modes to support the movement of people and goods throughout the Resort Area and serves as a blueprint for how the community intends to transition from a dominant focus on moving cars to a more balanced focus on safely moving people in ways that reflect current needs and the community's desire for the future.The Plan includes 21 Multimodal Strategies and 26 Parking Strategies, as well as recommendations for network, corridor, and intersection improvements. The RAMP is a policy action of the Resort Area Strategic Action Plan (RASAP)which is adopted as part of the Comprehensive Plan and serves as the Strategic Growth Area (SGA) plan for the Oceanfront Resort area. The adoption of RAMP would support the Resort Area Strategic Action Plan 2030 (RASAP),which established the creation of a Mobility Plan as a priority in June 2020. Recommendation Staff recommends approval of this Ordinance, as it supports the Resort Area's goals of being a year-round destination for residents and visitors alike and will serve as a guidance document for future development and improvement of the Resort Area transportation system. City of Virginia Beach Agenda Item 1 Page 1 Ordinance 1 A RESOLUTION TO ADOPT AND INCORPORATE INTO 2 THE VIRGINIA BEACH COMPREHENSIVE PLAN 2016 3 THE RESORT AREA MOBILITY PLAN 2022 4 5 WHEREAS, the public necessity, convenience, general welfare and good zoning 6 practice so require; 7 8 WHEREAS, the Resort Area Mobility Plan 2022 (RAMP), has been developed 9 with extensive input from the community and stakeholders, coordinating the priority of 10 the RASAP for such a study at the Oceanfront; and 11 12 WHEREAS, the RAMP is a comprehensive look at all transportation modes to 13 support the movement of people and goods in the Resort area;and 14 15 WHEREAS,the RAMP, is in conformity with the Comprehensive Plan; and 16 17 WHEREAS, the Planning Commission has recommended Approval for the 18 RAMP; and 19 20 WHEREAS, the RAMP should be adopted and incorporated as part of the 21 Comprehensive Plan 2016. 22 23 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 24 VIRGINIA BEACH, VIRGINIA: 25 26 That the Comprehensive Plan 2016 of the City of Virginia Beach be, and hereby 27 is,amended and reordained by: 28 29 The adoption by City Council of the City of Virginia Beach the Resort Area 30 Mobility Plan 2022 and its incorporation to the Comprehensive Plan 2016. Such 31 document is attached hereto and made a part hereof, having been exhibited to the City 32 Council and placed on file in the Department of Planning and Community 33 Development. Adopted by the Council of the City of Virginia Beach, Virginia, on this day of , 202_. City of Virginia Beach Agenda Item 1 Page 2 Ordinance APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Planning Department City Attorney's Office CA15773 R-3 November 14,2022 2 City of Virginia Beach Agenda Item 1 Page 3 C 4, m FL _ ...iLIP i .: 1 it, ,-- geo - Li.. N Q O U -o N 03 CO = 0 Ce ce z 0 w m if r il CD 44:::::( 1--- R L 44, - - i < Z LIJ Cl- o...„ , v,oil* lir . 41 r .3. • ci, ,.4 P. OW ---. - P mii . 41141.11111111111r ar C' o i .' 4 • -'"; Pal&A ''''41.'-' ' - ild ''7 - - r .., -...°7 ..„. ek..... :*:41.1:1_ 71::.7...limuffes.-1,1... i.sif i -Am- s r• - 1,-*,.. i 101 4 ..k. it r , ip o pt : _.L: 44 ACKNOWLEDGMENTS The Resort Area Mobility Plan was recommended for adoption by the Resort Advisory Commission on XX, 2022, and by the Virginia Beach Planning Commission on XX, 2022. The plan was officially adopted by the Virginia Beach City Council on XX, 2022. We extend our sincere appreciation and gratitude to the residents, business owners, elected officials, City staff, and stakeholders who participated in the planning process and guided the development of the Resort Area Mobility Plan. Everyone's time, input, and energy arc greatly appreciated. RAMP COMMITTEE • Guy King Tower I Virginia Beach City Council • Bobby Melatti I IMG Events • Billy Almond I Resort Advisory Commission • Tony Nero I VB Vision • Elizabeth "BJ" Baumann I Resort Advisory Commission • Dee Oliver I Virginia Beach Planning Commission • Michael Camden I Shadowlawn Civic League • Nancy Parker I Resort Beach Civic League • Ginger Capps I Virginia Beach Resident • Kate Pittman I ViBe Creative District • Chuck Cayton I Resort Advisory Commission • Brandon Ramsay I Virginia Beach Restaurant Association • Kristina Chastain I 17th Street Gateway Assoc • Henry Richardson I Virginia Beach Hotel Association • Mike Eason I Resort Advisory Commission • Michael Ronan I Resort Advisory Commission • Deborah Kassir I Ocean Horizon Properties • Ken Taylor I LTD Hospitality • George Kotarides I Resort Advisory Commission • Randy Thompson I Resort Advisory Commission • Richard Maddox I Resort Business Owner • John Zirkle, Jr. I Virginia Beach Hotel Association • Michael Mauch I Resort Advisory Commission PREPARED FOR: City of Virginia Beach PREPARED BY: Kimley >>Horn P In Loving Memory of 0(4�I Preston Midgets 1-- - -- ' - As.CC E 41t k . ..- : _. /7" ,,....... Li) ti)411i A . i) - :tit rt:' ,_ ,: : • .it ...k... . -_ 1../1 IIM , - 1 # Z . ' ',, •,`'t`0.li, . , 0 LIO) ..... .45 t 71 il :.)1l' rt 1, .42 ID CO ' I , I i C t.. 1:1 • s '' t % C , ' t 0 0 - 1 I (1) ' '' 1-1 s t iJ.,- u E 't. L: b.() c ,-, , 11, C ,. , s . Ict 1 t " ,- , •— — 0. ,' I I i ., 4_, et 0 , . ._. V) " ) V ( 1.1 X ° w E i- > ..) ,i) • j I •— u s- D 4-) a) rd c = = ,r i ' ......1 E 0 co s,..t .. 4 , , I -Pl'i'i ''-' , ' • = CC (i) CL t)4 731 c u 0.0 ta) Cll c .— •7, c — > — 4-) 4-. •- .-- . t, w I 'm "."x — e‘c (NI rn ml- al . , - . 1. , ,A it= IV I , , ''' : = i 4 = , , I , 4 t, , „ at 1..... it i ,.... , . MAPS AND FIGURES Map Page Executive Summary Map:The Study Area viii I. Plan Inputs and Existing Conditions Map: Community and Tourist Population 5 Map: Resort Area Development and Street Improvements 6 Figure:Special Event Timelines 7 Map:Traffic Safety 10 2. Creating a Multimodal Resort Map: Existing Conditions I Roadway Classifications and Traffic 24 Map: Recommendation I A New RAMP Street Typology 25 Figure: Functional Purpose and Modal Priorities 2A Figure: Intersection Options Figure: Corridor Options 2') Map: Existing Conditions I Pedestrian Network 3 s Map: Recommendation I Pedestrian Network 4 Map: Existing Conditions I Bicycle Network 35 Map: Existing Conditions I Bicycle Level of Traffic Stress 36 Map: Recommendation I Bicycle Network 38 Map Page Figure: Recommendation I Active Transportation Programs 40 Map: Existing Conditions I Transit Network 44 Map: Recommendation I Transit and Microtransit Network 46 Map: Existing Conditions I Shared Mobility 50 Map: RASAP Gateways 52 Map: Recommendation I Corridor and Intersection Improvements 53 Figure: Recommendation I Corridor and Intersection Improvements 54 3.Atlantic Avenue Figure:Atlantic Avenue Recommendations 67 Figure:Atlantic Avenue Design Considerations 75 4. Parking Map: Parking Inventory 82 Map: Parking Occupancy 83 Map: Residential Permit Parking(RPP) Occupancy 84 Figure: 19th Street Hourly Parking Occupancy-July 85 Figure: Parking Rates 8/ Map:Availability of Off-Street Parking 98 iv '-•',.rte.- 1,". , ,..i.o."," , •, .- -.,,--.,_ . . —''.,-.1>Yet'..---.. / •- . ..:.;‘,.:,.'. V, ,,.r .--.1•,:.„, - tit ,,,_ •''4-,..11....T-:- - ; ,, -, 'Ili `' ''%1'''-' -;1 3 , • E...;tei4AC,* ,),( I ''44 ‘'......., .,`,`•:l.P, ..,.''.,,- ',.'.4?.t.,-,, .,. -.',...,.....;-,:..!, .... ,,,,..,a. •. r. -( ...,(7 i' ',:, .•f..',.._,.`,.., ', i..'Att--r.,' : • ''` • :?: '''''i.t)r•. ) ,... 474,-;•7'.. ,..... \„-%; . . -,41, .-' . ' '''r;.-.. -- .1 i'!tk:.— .• '''''''''1*;k . - ''.-;.'--'....',;:. •-": '. i ,4 (tI*41-.--..... ti, -. i'. • ,, , .-7.'N'r, ., i ., 1...t;,'.i,'.,1;'', '.'••‘. ' ':;' --`-'-'; -.i''''''s!0 .,, p,ee d 1,*, ;,,'4,,.:•,..,-"'--.77......'*.,.,'i - . -.......• ' .„' -,,, .,, i , / , ' N _. ,......, f ,,. j 7. I /, .,. _ .,,,.‘• -.4: ,,,,-44 ;t:$'1''4.,,)St,'• ' "It' i 0'4,- ,v , .,.--'-- I ,.11i,f it-,•.g.,--,-, ,,x,- , J., ... . ..A;;.,44.,:4,4,- 1-1,- ,. . • -. , . - , >mm r 1 Ce c . . ,..„.. ,. . , ...:.. ,. .., _;_,..... ... _.,_ . ,.._, , • t . j . . . . -'., , •‘"A V •# . 1 . .. 1' . . , 4 , . •ft11 D . ........ _. . sitfr .., , . 7 / 1 !!4 Li * -- 4::.;''i.--i . ,.,.,if": • > : 1 -. "i.. FilliMim - . .•...".0 .... ./i.' , ......, - .- — • 0.,,, ';$01 • - , • r , .-7 • .- . • A . Ai Pr 1.--1 , . 4 -`,' . -- ji. .. 11111111 111/ I I I ti IIIII/ 4110.4, III' I (ill) ' ' . ... 7'.-., - 111111111 r. --- „ W• 1: - 1 ! .,..,... • / '\ .../l•.‘ '..''.I?iffo-,... ,‘' ,A, •„..- et . ., W ..i O V E RV I EW WHAT IS A MOBILITY PLAN? A mobility plan is a comprehensive look at all transportation modes to support the movement of people and goods within an area. It differs from traditional transportation plans by integrating transportation with land use and other community goals to provide people an opportunity to safely, comfortably, and conveniently move around without sole reliance on an automobile. In the context of the Resort Area, this plan provides the multimodal transportation blueprint for our residents and visitors to park their vehicle once and leverage new and improved travel options to get around while here. How the RAMP is Organized We want to simplify your reading experience. This document is best viewed on the web as it contains hyperlinks to allow you to jump to specific sections of interest or dive into the details. You do not have to read the document in its entirety to understand the plan. This graphic summarizes the chapters and areas that may be of specific interest: Executive Summary Quick-read summary of the overall Atlantic Avenue O process and high-level overview of •••••••••••••• Details about a new look and the strategies and projects that are ••• ••• function of the Resort Area's priority detailed throughout the plan. ••• '•• street. 0 0 Existing Conditions •: Parkin Summarizes the"Why"a new g approach to mobility is needed.This ® 0Wh at's I n Parking and mobility align in this plan. chapter summarizes community Cs However,parking was provided its gag T Ii e RA M P. : own chapter based on its role in the en ement, land use,and traffic • • resort experience. safety and operations. • •. ,IN Creating a Multimodal • • • .€ Detailed Project • Resort •• •• Recommendations • Details the strategies,policies, ••••••..••..•••• • This section contains the specifics and 41) network plans,corridor plans,and details behind each project intersection projects to improve recommendation including pages for mobility.Each network provides a each corridors and intersection.Its main brief,existing conditions overview ; purpose is to support the plan followed by recommendations. implementors. City of Virginia Beach vi The Resort Area Mobility Plan (RAMP) addresses one of the priorities of the Resort Area Strategic Action Plan (RASAP), which was adopted in June 2020. It balances the transportation network by focusing on safely moving people, which contributes to the vision set forth in the RASAP for the Resort Area to become a diverse, world-class, year-round coastal community for residents and visitors. THE PROCESS The RAMP process began in September 2020 with a four-phase planning process. The RAMP process used recent planning efforts as a starting point, then took a more detailed look at the newest data, held conversations with the community about mobility, and identified multimodal options and improvements. The graphic below outlines the overall process: • I. Priorities and Goals 2.Data Collection 3. Recommendations 4. Reporting and and Analysis Development Rollout Community Engagement 111.- THE PARTICI PANTS The RAMP emerged from a community-driven process, gathering constant input from technical experts, stakeholder focus groups, and the public. The process was led by the RAMP Committee, which included the Transportation, Pedestrian, and Parking subcommittee of the Resort Advisory Commission (RAC) and additional stakeholders. This group helped establish the plan's vision and goals, contributed to the understanding of existing conditions, and vetted recommendations. The RAMP Committee also supported other engagement activities, including: Stakeholder Discussions. More than a dozen stakeholder a Public Information Session. A webinar on February 3rd, 2022 meetings were held to reach a broader group of interested parties was attended by more than 100 people. Participants learned about and individuals. key recommendations and offered feedback through live polling * Public Surveys. Community input was collected through several and a facilitated Q&A session. surveys, including online surveys, on-board surveys for trolley • RAMP Technical Team. This group of City staff with riders, and intercept surveys throughout the Resort Area. More responsibilities in the Resort Area offered technical oversight. than 2,600 community members were engaged. vii Resort Area Mobility Plan I Executive Summary The Study Area The Resort Area is home to unique neighborhoods and notable destinations, shown here with the district and corridor designations from the RASAP. The current mobility network includes a mix of streets serving various functions, 16 miles of multi-use trails, 7 miles of on-street bike facilities, and a mostly complete network of sidewalks. Existing transit service is anchored by the VB Wave and Bayfront Shuttle (Routes, 30, 31, and 35) with service to other areas of Virginia Beach and the Hampton Roads region via Routes 20, 33, and 960. Resort Area Boundary S 9� Parks 'a le, 0 Resort Area Destinations `' ftASAP Designated Districts Ocean Breeze Waterpark and Corridors 0 (Other Neighborhoods RP 0,4 cam► /1,B,r Co��/ a�ock Rd M"t ,ew?Aft Central Beach District e4- ;0 a m . p L re•irr Convention and (56i Virginia Aquarium& • . Marine Science Center Sports Center a f Q o�LO Y-cr.,. 5 ;, o Parks Ave """' (Shodowlawn) ac L .� �w z Pinewood) ;o �1 -.-, ,. (Vitae Creative District) (Old Beoch) i r '•, 1130.NW- Marina District (Lakewood) Illi Laskin Gateway District nY . gi $Aks,NoN II UIIU Pacific Ave Atlantic Park Rudee Loop Oceanfront Corridor • Atlantic Ave v. • • • Virginia Beach Boardwalk,._Fishing Pier`Q I7th Street -. 24th Street ----- • Neptune's Park Park Park 4116, Data: Adapted from RASAP viii THE RECOMMENDATIONS The RAMP is organized into a coordinated set of recommendations that build upon existing and expected conditions. The plan includes multimodal and parking strategies that support a series of recommended projects for streets, paths, crossings, public transportation, and parking. The strategies and projects work together to improve mobility policy, decision making, and infrastructure. STRATEGIES These policy-focused recommendations include a set of clear objectives with supportive strategies for each. Multimodal Strategies: Parking Strategies: The multimodal strategies support the following objectives to make The parking strategies support the following objectives to help balance the Resort Area more walkable and bike-friendly, thereby increasing parking supply and demand by integrating parking into the ways people vibrancy and balancing demands across all travel modes. travel to and around the Resort Area. Objective I. Advance mobility through intentional coordination. Objective I. Increase parking inventory. Objective 2. Make safety a priority. Objective 2. Improve the access to parking in the Resort Area. Objective 3. Recognize the uniqueness of the Resort Area. Objective 3. Manage parking demand by adjusting where and how Objective 4. Make the best use of the Resort Area's existing much people pay to park. transportation system. Objective 4. Manage the curbside zone along Atlantic Avenue to Objective 5. Find creative ways to deliver results. maintain intended use of the right-of-way. Objective 5. Establish more programs that support parking and mobility. At a Glance: 2 ! 26 Multimodal Strategies Parking Strategies ix Resort Area Mobility Plan I Executive Summary PROJECTS The RAMP project recommendations identify physical improvements based on the understanding of existing conditions, plan goals, collected data, and input received from the RAMP Committee, stakeholder groups, and the public. The project recommendations are organized into three groups. Network Corridor Intersection Recommendations Recommendations Recommendations Parking & Mobility c7J 0 /0—o 11 • �J ;Xo,o "per o • • • At a Glance: 4 6 I 5 Mode-specific Corridors for Intersection network plans improvement improvement projects City of Virginia Beach x THE PRIORITIES The timing of implementing recommendations identified in the RAMP will depend on numerous factors, including available resources—such as staff, time, and money—and the ability of the City and private interests to work together. The RAMP seeks to address known and anticipated challenges and position the City and Resort Area stakeholders to capitalize on opportunities associated with likely growth and change in the years to come. The following priorities would expedite implementation in the immediate and near-term. Priority Actions (Immediate) Priority Actions (Near-Term) Atlantic Avenue Enhancements ., Multimodal Wayfinding Microtransit Pilot Project Mediterranean Avenue Bike Boulevard Increase Public Parking (through redevelopment Boardwalk Bike Path Improvements and strategic partnerships) Norfolk Avenue Pedestrian Improvements Dynamic Parking Wayfinding System Lighting Improvements 21 st and 22nd Street Traffic Calming Analysis Preferred Micromobility/Shared Mobility Approach On-street Parking Inventory Analysis and Action Pacific Avenue/22nd Street Left-Turn Lane Plan Residential Parking Permit Modification with Area wide traffic signal re-timing Meterless Parking Virginia Beach Trail Path Lighting xi Resort Area Mobility Plan I Executive Summary ,_t/_nab'' - -44- , ii 1 17 4 ' . ' i ' . • .- ,_• , ',,,.., ,A--.;,/ -- C ''''41'-'-'4.' -‘-`‘ s -.i,\:'\o I1\- '' , .r 4: -_, -,, -- -,4 . 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WV ' Z a 1...-.. - . •---- . .., • .417.,_,.. x V) ..., 1 i _---- f -i '.1 ,„-I-IC.% .,„,1, ..- — -...._, .4.--------- — ,-,14,4_,, mg-- . / , , , . --„,,...‹.7., --__---- ...„,.70 .rT•w-it . : ---- .›.,i,,,, &I•.., P- sti,-„itir. . .4, X1 - 1 •— - --- - , v. - LLI _ 4.4„*.... — .41 lirillilli . t -- • 41 0 Z - .... - I thit di .." it r . i If.' • _, 4 i . OLfl Z Z IN 0 ONEME a e . ......-- 1 Z .1.. , 1, , i ,,....„ i ...• 4<(• , , Iiii ,........, 401 _ , . , ..... , • , ,... . biii.[. . 0 -_...--4 ..„„,,,, - sommi _ . O ' z Ai j Villirt-. ' +1. ...:11*- r . • 0. ' _....• • pao" ---,............at ipriiii 0 MM... kin0) COMMUNITY ENGAGEMENT It was important for the RAMP to be developed by and for the community. Discussions with technical experts, stakeholder focus groups, and the public ensured that the goals of the RAMP and its recommendations reflected the needs of the Resort Area. ENGAGEMENT INPUTS • Previous Plans. Previous plans and policies were reviewed and visions and goals cataloged to assess past engagement efforts. RAMP Committee The RAMP Committee was a group of resort stakeholders Stakeholder Discussions. More than a dozen stakeholder who advised during the development of the RAMP. The meetings were held to reach a broader group of interested parties project team met with the RAMP Committee monthly for and individuals. feedback and guidance on the Mobility Plan for over a year and a half.Just a few of the Committee's roles and responsibilities Public Surveys. Four public surveys were launched to gather included setting the plan's vision and goals, supporting broad input from community members. These efforts included engagement activities, and vetting recommendations. The online surveys, on-board surveys for trolley riders, and intercept Transportation, Pedestrian, and Parking subcommittee of the surveys throughout the Resort Area. Over 2,600 community Resort Advisory Commission (RAC) formed the basis of the members were engaged. RAMP Committee. Additional representation from all stakeholder groups allowed for a wide range of voices to be heard. Public Information Session. A webinar was hosted on February 3rd, 2022 and attended by over 100 people. Participants were introduced to key recommendations and gather feedback through live polling and a facilitated Q&A session. What We Heard The chapters that follow feature key outcomes from the RAMP Technical Team. The RAMP Technical Team was engagement inputs and summarize the many community comprised of City staff who have a specific responsibility in the conversations that were held during the Resort Area, including planning, public works, traffic engineering, planning process. Look for this icon for economic development, police, fire, EMS, landscape management, insight on the feedback received. parking, parks and recreation, stormwater, utilities, cultural affairs, and the resort management office. Its role was to inform the process and vet recommendations for individual challenges based • on topic area. City of Virginia Beach 2 GUIDING DOCUMENTS The RAMP includes guidance, background information, and recommendations from many previous City plans and initiatives, including: City of Virginia Beach Active Transportation Plan (2021): • Oceanfront Resort District Connector Park Design Envisions active transportation as the backbone of daily life in Guidelines (2017): Provides guidelines that protect and enhance Virginia Beach, with particular emphasis on making walking and pedestrian use, emergency/service vehicle access, viewsheds, bicycling a safe, comfortable, and fun option for trips throughout and aesthetics of the 33 paths and stub streets that link Atlantic 1 the City. Avenue to the Boardwalk between 2nd and 40th Streets. Virginia Beach RASAP 2030 (2020): Identifies public • ViBe Connectivity Plan (2017): Sets a vision for the ViBe amenities, infrastructure improvements, and policy changes District that spurs economic development by establishing a unique to help the Resort Area become a diverse, world-class, year- place for local artists and creative businesses and focusing on a round coastal community for residents and visitors. The RASAP walkable district with sidewalks, crosswalks, lighting, street trees, recommended a comprehensive Mobility Plan addressing all elements and bike racks. of mobility in the Resort Area. The RAMP is the next step in the process set forth in the RASAP. • Resort Area Parking Strategy (2013): Recommends policies and management oversight of City-owned public parking assets 17th Street Planning Workshops (2019): Seeks to establish to make parking responsive to Resort Area stakeholders and 17th Street as an urban, vibrant main gateway to the oceanfront help it be a tool for neighborhood revitalization and economic that is attractive, inviting, and safe. development. • Activate Atlantic Avenue (2018): Envisions ways to enhance • Oceanfront Transportation Management Plan (TMP) Atlantic Avenue between 15th and 25th Streets by providing (2000): Provides an early plan for parking and circulation aimed a safe and walkable street, encouraging smart redevelopment, at reducing automobile trips on Atlantic Avenue and congestion and rebalancing the space between the curb for automobiles, throughout the oceanfront, increasing trolley ridership, and bicyclists, and transit vehicles. enhancing the pedestrian and bicycling environment. Oceanfront Transportation Center Concept Development (2018): Identifies locations for a transportation center for visitors, residents, and employees to connect between transportation modes, including cars, transit, bicycles, pedestrian corridors, and rideshare. 3 Resort Area Mobility Plan I Chapter I I Plan Inputs and Existing Conditions PEOPLE PLACES AND TRENDS The emphasis of the Resort Area has shifted alongside tourism trends away from a singular focus on attracting and retaining seasonal visitors to a broader focus on year-round activity and investment. The RASAP notes cities that focus on creating quality spaces and experiences see a better return on investment, higher property values, and an increased likelihood that visitors return more often and stay longer. To understand mobility in the Resort Area, we first examine the people and places that make it unique. 4 'II The Resort Area has a population of approximately 15,000 (up 6% since 2010) and approximately 6,400 hotel rooms. 1 The Resort Area is a center of activity; in 2019, there were I 1 events in the Resort Area that hosted more than 30,000 people. AIM Commercial activity in the Resort Area is concentrated along the Oceanfront fin"' and in the ViBe District. Key attractions include the Virginia Beach Convention Center & Sports Center and the Aquarium. `t Significant development in the Resort Area has occurred in the past decade , and continues in 2022, including new hotels, apartments, and development of the former Dome Site into Atlantic Park. The seasonality of the Resort Area often makes travel unpredictable. As year- 41) round activity increases, transportation must become more consistent and reliable to improve safety and flow. I City ofVirginia Beach 4 Community and Tourist Population The map below displays the population density by Census block group. Hotels are shown as differently sized dots based on the number of rooms. While hotel density is clustered along the oceanfront, the residential areas of greatest density are further inland. �- - t 64 Resort Area Boundary Hotels in the 6 386 Population Density (people per sq ml.) Resort Area Hotel Rooms in the < I,000 Resort Area i,o0o-3,000 3,000-5,000 Mli 5,000- 10,000 > 10,000 Hotels by Number of Units -V S `'!.; • <50 0 51-100 Q o Jp4Agi, . • I0I-I50 • > 150 ir cf J1iiNiHni '1k 'ark 'v L/ str • 4s,000 Permanent Resident cn niiiruiuuriiruiiiiii II, ,*;, Population of the 100 ` IIMIIIIIIHJHIU!A �'� Resort Area 11111 _. Average Number of } laIIuIIIi(IUIII ..Rooms per Hotel - 111 i , III IBM! Data:ESRI,American Community Survey 5 Resort Area Mobility Plan I Chapter I I Plan Inputs and Existing Conditions Resort Area Development and Street Improvements A number of developments have occurred in the Resort Area in recent years, and more projects are underway or planned. Some of the recently completed projects include the new Sports Center, the Hillier Ignite Fitness Park, and developments on 25th and 27th Streets. The redevelopment of the Dome Site into Atlantic Park and pedestrian improvements along Pacific Avenue are some of the noteworthy projects in the area. This map shows both some of the private investments and city investments toward improving public infrastructure. 17th Street Convention Sports Oceanfront Resort Runnymede ViBe Creative Cypress Ave./ VB Middle Beach Laskin SGA Resort Center Hotel Center District Development Redevelopment District Mediterranean Ave. School Garden Road Boundary (Location TBD) Form Based Code • Sidewalks Park Gateway •. • • . : .. . . '• . . . . •. . • •. .. •. . . . . ••• .• . . .. . • . .•*. . ."•........ ••...... . .. „ . . . . . . : . . , .• . / . . . ' .••• . .. .. .• „ .• .• ••..... . . /.. .• . •••• .. .. „ / .• : ......... ... .. / . .0" . .• . ‘-'4-c•-•-.--------___.%•.----;;-..:247-. -- ...„'-'-'100°*--ad llik -"it. i 'r• .•'''' ••.••. .• .• .•• ,-..... .• Central Resort '... 4%. ' • • ' e ..• ..* i Potential .. '''... • \.....;*' . .. : ,!.,. i ... ... . Drainage ••. \ %. \ •• • ,-... ; ...•. •+, • .... .1400•44, Open Space ..... •••• .. • ' .• o / . .. .• ' ••• • •. Improvements.... / • .... ..o.' " ';• vt. .. ..... 1 / •.b .. 41111101. ••/ '1111111040, ........ !. ..• .. ,, 1..%. •.. •••. .•••• ...f. Marshview .. 111-- .4f..: ••• '.A.V., : '.. 01. Park .,,,, --":1,- •••• .1. ***••. •. %•!:41E '.......... '• ...... ... t,..........;... Ae,,,e, .. %...... .....!...,:. ..!- •. .. _ It.' ...•••:* - % \ • ii ‘ ... . ..$t ..... .................„-i-c-Nlake Holly '.4\.. V*•,.. ,,.., Ai,'• • s,, B 7:7:::„:,_-, >•-\\:\ _ water ilik ....:- .,,,, si,.\,....s ..... .4,4).-,- -• .. ... .. , . •.. Pedestrian ,. 14. 14..• ' ••• Improvements \- - \.\_,<---___,----- -\\ %v.". ' •••••• • \:Ntoorrint h La,keer Holly ,„ \\-\. N..... .. South Lake Holly •'..!'.7 . ..• Improvements Stormwater •••• 'e ' "•''''' .Old Beach % • .. ,.•* •... t •••••.... _....... .. . Neighborhood ---------- f,„. i• ".7 . Revitalization • .••••.••• •----- - .,, 1 ......71*.p. • • • 1,•!- Oceanfront IS+ o. Street Projects \ i 9# ....• • •• 1 •• •• • .' Resort District ....- I. ....i••• • . Dome Form Based Code Completed Since 2008 ---....- S.Lake Holly ',. ' •. • ••• . .• ••1**• .. . • : . • Site Stormw .. .*:a ter ; 0.0A ..... r .4 0..•. • • -1 It .... Pacific Ave. • - . 4, ? ...... r , ..- . . .--r• • . .• • . .. Improvements Resort Area Development 2008-2021 .) • . . Dredging ..01,40 .0.* 010* ...,•. ' Legend: Key Developments: ••• Boardwalk A-25th St.Development • , Rudee : ...• .....:'. ‘...>%:".. ,,,,," , Lighting Completed B-27th St.Apt.Development ade ....... .."....... ........!: '-... , ' ... I'Ltudee...........ze ............:...:.....:...t."11%...... ''.•Pacific Ave.Trail . . .. e"• ' ...07....'' ...'•••• ....". ' ''•Rudel...LoWo 740.01 pinswtoani:alem Ave.Improvements ... •„ : Virginia Beach Fishing Pier Renovation(Location TBD) In Development Planned (Final approval received) Proposed C-27th St.Hyatt House 0-Summer House Development E-Hillier Ignite Fitness Park F-Cavalier Redevelopment G-Multi-family Developments,m.,io,J.,,, H-Pier shops . -........... (Has not received final 1.0'...... ***Grommet Island approval) Park Restrooms Data:RASAP City ofVirginia Beach 6 Special Event Timelines Though the Resort Area is defined by its beachfront location. It also hosts major events throughout the year. The following timelines show 2019 special events in the Resort Area during peak season, off-peak season, and year-round at the Virginia Beach Convention Center. Peak Season ce co 1O�O�E > > Q0 in 0 O. O. O �O�O� 1 1 • I 1 I I I . I I I 1 1 1 I I Warrior I I 1 I I 1 1 Funk Fest Beach I 1 1 I 1 I Party 1 1 1 Week I 1 Boardwalk I I (-I2,000 attendees) 1 Rock& I I (-30,000 I I Art Show& I 1 I I attendees) I 1 Festival I I I Roll Half I Monsters on Patriotic 1 (-200,000 1 East Coast Surfing 1 Marathon 1 the Beach Festival 1 attendees) I Championships I (-80,000 1 attendees) 1 I (-100.000 attendees) I attendees) (-9,500 (-55,000 1 attendees) i 4th of July Fireworks 1 (-6,000 attendees) American Music US Finals Cheer North American Sand Festival and Dance Soccer Championships (-24,000 attendees) Street Party (-190,000 attendees) (-22,000 attendees) Off-Peak Season co ce L m m ce CO E. o z W < 0 U J cc co ce o Z Z w Q 4. Q l —ViLij O O O0 0 ••••1 Q LL 0 Q 1 I ■ I 1 1 I 1 1 1 I 1 • 1 Virginia Beach 1 Tidewater Veterans 1 1 i 1 1 Shamrock Marathon, Hilton Beach I Day Parade I I I Blast I (-5,000 attendees) 1 1 I Half Marathon&8K 1 (-8,000 attendees)I 1 I I (-60,000 attendees) 1 Holiday Parade at 1 Polar Plunge Festival Something in the I the Beach I (-9,000 attendees) Water Neptune Festival (-7,500 attendees) 1 (-60,000 attendees) (450.000+attendees) Holiday Lights at the Beach KEY: (-25,000 attendees) Major Events(30,000+attendees) Large Events(S.000-30.000 attendees) 7 Resort Area Mobility Plan I Chapter I I Plan Inputs and Existing Conditions Convention Center ce ae W Liu cc m LLI Z ›- -IO V Q ¢ D O o 110 -0 O C).0 O 1 1 1 1 e 1 ' 1 1 1 1 • 1 I Virginia Beach I Excalibur Cup I NCSCA Senior High School Anthem Wicked Gymnastics National i Graduations 10K Race 1 (-16,000 attendees) Championships 1 (—'60,000 attendees) (-20,000 attendees) • • (-15,000 attendees) i National Wrestling I Shamrock Sports ' Duals Hampton Roads and Fitness Expo I (-20,000 attendees) International Auto (-•40,000 attendees) Show US Finals Cheer and The Virginia Beach Sports Center opened its doors in 2020. (-29,000 attendees) Dance Competition (-25,000 attendees) It has experienced tremendous success, which has created both new challenges and new opportunities. a'Note:There are many other small events that happen throughout the year not shown on these timelines. , Illrlaiim fir. ` ".,. ... ...wino. t, VIP siorrir-m. '1f,"fir_ ..yt• ' ,. • ,y , , v ,,, •„o .r .. , 4i -,44 . r _ } ff I r., 1 • - • 'Iir I I`. � r' � �� , .1, -'«.�e r- ,....,.... ,•1 f► '"ate e , •"i!► '+�"»�• ��.. � „ , , s ' '' -. ''; '''ioditt.' # / ,, rl fi -' '7144 1W41".1 •'• . e,,2"' -: -,.4. - $ i ' # '"1 it ...•- "ic, • —• 'f*: 1 "--":„ • ' ,,, - 4 , '' '' rk. ; .µ7I� ;,JA4, • er , - -P V 1 J r.1',' , " • ' pa. :- - .V,;•:,4'•:, ' *pa-"''".4,,i lair i,,.,- ,,.., ,,, M ir ,tilit. ' '.**)11' ,•.,i I i '- -' '-a'l •'4° ik,' ' ' t , . 1"-,:,'t... ,z;_-.- - ' — $`1 . . ! ,s/4„. I.....A r I r--,,, V - r1 1 "..,,,1-t- t /.... 0 '.'i:. f t r c. ' !4 K ,, ' !'' . ,., 1111 t l'11 fl i. ° +� �• Y', ...r/:- ' -‘ ' illib; 4 I'. 1ii, tF s rd + 7 .r +, ! 1 F III ice -1' 1. a'i • A.' L. Nit- :r A- Ti .. , .,• Y• ' • r r.,,,,,, • ,norm*1 TRAFFIC OPERATIONS Peak Season Traffic Operations Weekday PM Peak Hour Traffic analyses were performed for Atlantic Avenue and Pacific Avenue from 16th Street to 22nd Street. These segments of roadways experience the highest levels s 'a' a a of congestion and have a notable crash history. Both street segments were also identified as a priority by the RAMP Committee. ir 4„ 4- 4, 4- 4,,. � $ 0 Pacific Ave � � � VEHICLE DELAYS t t t The Resort Area experiences different traffic volume patterns, especially during the summer season in the core area due to special events, holidays, weather conditions, *0�- 0 j4 antic Ave e and many other factors. RAMP analyzed traffic conditions based on traffic counted ... —4, on Saturday,July 31, 2021, a warm sunny day that attracted much beach activity. Weekday data was assembled and averaged based on available sources. Saturday PM Peak Hour This analysis provides a snapshot in time with periods of increased congestion and a a x x Jo' less congestion. Contributing factors to severe delays include: - • Shared left-turn lanes with through lanes '0 4o+. '�0�'PacMlcAve 4. • Queueing/congestion from downstream intersections extending back into t "+ t t nearby intersections • Exclusive pedestrian signal phases 4, 4" 1 kAwl m. 1.0 -4 .4 Legend Average Delay -Low Average Length of Trip in Miles S Signalized Intersection Moderate 0 Overall Intersection Delay Peak Season Severe �Approach Delay IIIIIII 2% i% 0-I miles sx Travel into the Resort by Vehicle ,r 60% of trips originate in the resort zip code (23451) 34 • 25% of trips originate in other areas of Virginia Beach 28% Zip Code: C 15% originate from other cities 2345I 5-10 miles Travel in the Resort by Vehicle 3I I0-20 miles 4. 34% of trips are less than one mile • 65% of trips are less than two miles 9 Resort Area Mobility Plan I Chapter I I Plan Inputs and Existing Conditions Traffic Safety Safety concerns were a frequent talking point among the residents and stakeholders. A review of historic crash data was completed to understand the location and severity of crashes throughout the study area. This review helped focus attention on where safety improvements were needed and policies and actions that could systemically improve safety. Approximately 1,600 crashes were documented in the Resort Area from 2015 to 2019, with 588 crashes involving an injury and three resulting in a fatality. 133 were reported to involve a vehicle with a pedestrian or bicyclist, 131 of which resulted in injury and one in a fatality. Resort Area Boundary sQ'^a,5 4 Bicycle&Pedestrian High-Crash 1... Intersections Rd Vehicle Crash Density (January 2015 to December 2019) 25 crashes per intersection VP �, 4'4, 0 crashes per intersection ��e'^ay k ( e Rd . = cent, Se AlJ A (n`vnn!ne. ii Parks Ave -a ct Pacific Avenue is one 111111111111 II s of the top three ranked 4 I i Ill ' roadways in the entire Iii.'"� IICity for annual crashes. It AalticAve Nal nu experienced approximately ,,, ti Ave 30% of the Resort Area'sA "`'°'` V ,,, ,� w_ crashes and approximately p ,'�. 30% of those resulted in an injury, with three fatalities Source: VDOT City of Virginia Beach I 0 , - . . , . _ . . . i '!.....1, , . - - AI , ,_ .. - - ,,i,;. . 1 z. `, r „,A,f irri '-----:.-:, ,,,,:-.:.t.„,(vi, . ,,.. „ i. • .1/4.' .. 4 4.1 i .1„;-... , r, - _ , . - -111- .f i ,',' ,Li. '.9 :-. .-a -- t . _ . _ . . .. . ., .. • ,; . ..,, ,. ._ .. . . 7* * , -., . ;li•'; ,—, •- .. '-------:- -;:':-',./3 ,,K-.77 ,..'' ...• .;,.,$}.,;',.., •. . Z•re- C-,.1?„. .' • f F-- ilt...?.. ... ... . ..1 .. .,..7.5 ..,.,... ....,....• . • ,„..4,..,:. .......,c _... ..:.... ., . . .. !fi rr• C.. . r . -'..,• • 1 IL.° i- x4, i • lc y, Ill - Ai .. ', 0 -V-- i , ti) lid ,e I i. Ce { #+ 0 womml - ,, ‘ ‘ .c_ , li- '•-.. zr.J-3d! 4 ',, , :! :i 1,) -1 V- '. • CI FM.. 0 ; ,i 4 ILL . . ...,. . 1 f ' li< jict -,-,. , -1\A ', :1 \ 1\ 1- f:-.4) LLII iiii°'' V4 i .4,, 1.! , I,1 I At.: 00 -r,",,,i t't.- I -'.!)4,1 ‘ Ce 111111.1111.11 1U ....I immil , .t',-ti,,;:.,,,,,i, \ . ) . ts1 'It - D :- _fir • 1 i f INTRODUCTION Achieving a safe and balanced multimodal transportation network will require new projects, changes in policy, and new programs that support and emphasize mobility. These changes are a shared responsibility among the city, resort stakeholders, and the resort community. Creating a multimodal transportation network in a built, urban environment comes with challenges. In many places throughout the Resort Area, there is not enough space for bicycles, pedestrians, and vehicles to coexist. Roadway widening is not practical due to right-of-way and community impacts. RAMP's approach to creating a multimodal system first set a vision and goals with supporting strategies and policies. The networks were then evaluated by individual travel mode. From there, projects were identified along corridors and at intersections were improvements were needed for safe interactions between travel modes. This chapter will first introduce the vision and goals, the multimodal strategies to support the goals, and the network, intersection and corridor improvements to achieve those goals as shown below. F, 1l Multimodal Objectives h The Network Plans Projects Vehicles Corridors , and Strategies Active Transportation Intersections Vision and Goals Transit Atlantic Avenue Policy Considerations m,,` Shared Mobility 'A r x w• 0k broth 4.. RAMP considers parking as part of the multimodal network. Given the emphasis placed on parking throughout the engagement process, parking is summarized in Chapter 4 and follows a similar format as described above. ceLook for this icon and background for detailed recommendations. City of Virginia Beach 12 MOBILITY VISION AND GOALS A mobility vision and five supporting mobility goals were created based on engagement inputs and guiding documents. The vision and goals guided decisions throughout the development of the mobility plan. In the Resort Area, residents, employees, and visitors will have more options to choose how to 0 safely and easily get to where theywant togo without reliance on an automobile. The mobility 0 experience will be customer friendly and fun to encourage visitors to return often and stay longer. For area residents, parking and transportation will no longer be discouraging. ( � —Simple & Reliable O Develop intuitive, predictable transportation options that are easily understood. miummimmi Z3 0 Ensure that transportation options are safe and comfortable for people Safe & Active of all ages and abilities, helping foster an active Resort Area community. Y • -• • ' Link destinations throughout the Resort Area with a convenient �, • • • —Connected & Multimodal network of travel options and parking locations. 011imm..• • mirro Create an adaptable transportation system that supports economic 0 Resilient & Sustainable 0 p p pp prosperity, is future-ready, and limits negative impact to the environment. 4. 0 Vibrant & We 1 c o m i n 0 Design transportation options that create a sense of arrival and enhance g the unique places that give the Resort Area its identity. 13 Resort Area Mobility Plan I Chapter 2 I Creating a Multimodal Resort MULTIMODAL OBJECTIVES AND STRATEGIES Each strategy supports one or more RAMP Mobility Simple . • • . Connected Goals. The icons at right are used to demonstrate & Reliable . • . • & Multimodal S Vibrant which Mobility Goals apply. a 1'4 & Welcoming o m i n Safe Resilient g & Active & Sustainable OBJECTIVE 1 I Advance mobility through intentional coordination. Appoint a Resort Area Transportation and Mobility Coordinator to . • . • , oversee inter-department and community coordination. 0cc. . "' The Mobility Coordinator would help align community priorities with the plans, priorities, and processes from various city and regional departments and agencies. Strategy I .I This role likely aligns under the parking manager in coordination with the parking operator, Resort Management Office, transit manager, public works, community development, and resort stakeholders. This person could also help advance recommendations from this plan. In the interim, responsibilities could be assigned to an existing staff member with the potential to grow into an full-time position as the mobility system matures. Enhance internal and external coordination related to mobility decisions. P P. Resort Area transportation responsibilities are split among several departments, _O d bar* including SGA/EDA, Public Works, Parks and Recreation, and Planning. Strategies Strategy 1 .2 and projects identified in the RAMP will require close collaboration among numerous departments. The City should continue to explore ways to simplify its approach to improving the resort area mobility experience while streamlining project delivery and enhancing data sharing between departments. Provide an annual (or biennial) State of Resort Area Mobility update. • • . • Strategy 1 .3 The Mobility Coordinator should organize an annual (or biennial) update to highlight rO • . , • progress and reassess mobility priorities. Right-of-way dedication along Atlantic Avenue, Pacific Avenue, and the • . ,, Ocean Connectors through redevelopment projects. o • --. Strategy 1.4 • As a proactive measure, the City should explore the opportunity to gain right-of-way dedication and setbacks as part of development and redevelopment projects. City of Virginia Beach 14 OBJECTIVE 2 I Make safety a priority. Promote street and intersection designs that protect the system's most vulnerable users and minimize serious injuries and deaths. 0 �p 4' `p d bAR�, The high volume of pedestrian, bicyclists, transit vehicles, and cars in the Resort Area continually compete for space within limited rights-of-way. The Resort Area See Street Typology Strategy 2.1 also welcomes thousands of visitors each year, who may be unfamiliar with the area. (Page X, will be linked) These circumstances require an approach that protects the most vulnerable users of the transportation system; accommodates travelers of all ages and abilities; and offer safe, convenient, and reliable travel choices to residents, workers, and visitors. The approach should incorporate community input, be embraced by city leadership, and consider industry best practices. Monitor state legislation that would allow the City to use automated a enforcement of traffic laws and, when possible, implement in the Resort r0 Area where practical. Strategy 2.2 While the ability to enforce infractions will require changes at the legislative level, Virginia has started to expand automated enforcement of speeds within school and work zones as of July 2021. These laws should be tracked annually during session for applicability to the area. Use campaigns to promote safety. • • Educational campaigns are alternative ways to educate and emphasize the importance 0 • ,• • Strategy 2.3 of RAMP priorities beyond physical infrastructure. Campaign topics could include distracted driving, impaired driving, speeding, walking and bicycling safety, etc. Depending on the topic, these campaigns can be featured during national events such as National Bike Month which occurs in May. Improve and prioritize public safety response. FPO Emer enc res onse needs are hi h in the Resort Area, and first res onders share g Y P g P .° Strategy 2.4 the same transportation network. The City should continue to approach public safety holistically and work collaboratively to design and implement solutions that prioritize all public safety. 15 Resort Area Mobility Plan I Chapter 2 I Creating a Multimodal Resort OBJECTIVE 2 (continued) I Make safety a priority. Incorporate multimodal access and safety into site design. r0 Making the Resort Area safer for pedestrians and cyclists requires more than improving streets. Site design and development best practices, coupled with a complete streets approach, promotes safe and active transportation. This blended Strategy 2.5 approach connects site design and street design with active transportation goals. Examples include physical barriers such as non-traversable landscaping and simple, aesthetic fencing integrated into site and street design to encourage safer actions such as crossing at marked crosswalks. Building access locations should be reviewed during the site plan review process to ensure pedestrians are being oriented to ideal locations. Improve the appearance. Improve the safety. (ft 4- c. Crime Prevention Through Environmental Desi g �n CPTED les should be O ? , ) Princi P incorporated into every design to build a sense of community among Resort Area residents and visitors. These principles can be applied to existing conditions and Strategy 2.6 new design. For example, find alternatives to the traffic barricades used for street closures. This will reduce clutter, eliminate the need for storage on the sidewalk, and reduce staff labor time. They can be replaced with a device physically capable of stopping a vehicle near crowded places which will increase the level of safety and comfort. While transportation-focused in RAMP, these principles should extend beyond the streetscape to our buildings. City of Virginia Beach 16 OBJECTIVE 3 I Recognize the uniqueness of the Resort Area. Enhance multimodal transportation by incorporating alternative design guidance. d b Many codes, policies, and design guidance—locally and across the nation—have Strategy 3.1 been written with a suburban, automobile-oriented focus. The City should consider developing Resort Area-specific design guidance or incorporating national standards (such as those published by the National Association of City Transportation Officials, NACTO) for public streets and rights-of-way in support of RAMP goals. Provide multimodal travel options for the numerous 10-minute trips that • fa occur throughout the Resort Area. ; =b Data collected during the RAMP process indicate 65% of vehicle trips within the Strategy 3.2 Resort Area originate within the Resort Area Zip Code and most of these trips take less than ten minutes. The Mobility Coordinator should work to provide and promote multimodal choices that offers comparable travel times as an alternative to the vehicle, which has a positive impact on congestion and parking. An alternative approach to safety and speeds. Many agencies are taking new approaches to improving the safety of their rp transportation systems by emphasizing multimodal transportation. The City should Strategy 3.3 consider a program such as the Safe Systems Approach that recognizes that people See Safe Systems will make mistakes, but they should not cause serious injury or death. Key initiatives (Page X, will be linked) include proactively improving safety instead of waiting until crashes occur, setting speed limits based on what is safe for the context of the area (not just based on the vehicle), and improving roads to manage safe speeds. Use appropriate measures of effectiveness for the Resort Area when ^� 11 evaluating potential transportation projects. ✓ Currently, many measures of effectiveness—or MOEs—and standards across industry Strategy 3.4 are primarily focused on measuring vehicle flow or level of service. Design decisions and considerations should consider and quantify the impacts to all transportation modes. Quality or level of service standards for multimodal transportation options should be established where alternative transportation modes are encouraged. These could be based on facility width or size, connectivity, frequency of service, etc. 17 Resort Area Mobility Plan 1 Chapter 2 1 Creating a Multimodal Resort STRATEGY SPOTLIGHT 1 SAFE SYSTEMS APPROACH The Safe System Approach (SSA) is a paradigm-shifting approach for traffic safety. The SSA is promoted by the Federal Highway Administration and its primary focus is to put safety at the forefront of design knowing that humans will make mistakes, but it shouldn't cost people serious injury or loss of life. The SSA has five Principles that are applied to the following five Elements: . Safe Road Users: The SSA addresses the safety of all road users, including those who walk, bike, drive, ride transit, and travel by other modes. 1015 ER+ovs siwURv Is 104cep4,, p Safe Vehicles: Vehicles are designed and regulated to minimize vim' 4 the occurrence and severity of collisions using safety measures • • that incorporate the latest technology. .y" 5, ‘ g* TI? • Safe Speeds: Humans are unlikely to survive high-speed c,4 . 's; 14, • crashes. Reducing speeds can accommodate human inquiry �h O C�I I�' L./ tolerances in three ways: reducing impact forces, providing i Safe Us sad Safe Vehides d• 0 1. additional time for drivers to stop, and improving visibility. 2 It O Safe Roads: Designing to accommodate human mistakes and 0 t THE x injury tolerances can greatly reduce the severity of crashes that SAFES STEM U' do occur. Examples include physically separating people traveling • i • APPROACH at different speeds, providing dedicated times for different users (f1I'111' rt.) to move through a space, and alerting users to hazards and other Post-Crash Safe ,� road users. Care Speeds ,it • Post-Crash Care: When a person is injured in a collision, w /AIL „S) they rely on emergency first responders to quickly locate them, `.•o te stabilize their injury, and transport them to medical facilities. Safe 474 Post-crash care also includes forensic analysis at the crash site, - Roads �,v'�'' traffic incident management, and other activities. `�'J City of Virginia Beach 18 OBJECTIVE 4 I Make the best use of the Resort Area's existing transportation system. Develop a Resort Area wayfinding program that promotes active travel for visitors, employees, and residents. Strategy 4.1 A comprehensive wayfinding system and consistent signage design will encourage more bicycle and foot traffic around the Resort Area by connecting people to places See Wayfinding and destinations regardless of their familiarity of the street and path network. The (Page X, will be linked) program should be simple and predictable. Expand availability of real-time transportation and parking information • throughout the Resort Area. . - . Q The City should enhance and expand the function of real-time parking occupancy Strategy 4.2 information and leverage available ITS technology for improved traffic management. See P irkinr Wavfindinw Traffic patterns in the Resort Area are highly variable depending on day of week, time (Page X, will be linked) of year, and special events. The feasibility of an Adaptive Traffic Signal System which better accommodates the variability of traffic volumes should be explored. Allocate traffic signal timing based on priorities for travel modes and corridors. Traffic signals in the Resort Area should prioritize green time based on street networks and surrounding context. The City should commit to retiming priority Strategy 4.3 corridors on a three-year cycle with a goal of upgrading signal technology to be traffic responsive based on the varying traffic conditions by day, time, and time of year. Weekends and special events should be evaluated to coordinate 2lst Street and 22nd Street from Parks Avenue to Atlantic Avenue and with Pacific Avenue to facilitate traffic flow. Signal timing should be emphasized as a low-cost corridor management strategy to discourage speeding. Create programs that bring awareness to multimodal options in the • • • • Resort Area and incentivize the use of non-vehicular modes. • •:- • The City should establish community-driven programs that incentivizes the use of non-vehicle travel options for residents and visitors. An example would be launching See Programs Strategy 4.4 a Bicycle Friendly Business program such as the one pioneered by the League (Page X, will be linked) of American Bicyclists that recognizes employers for their efforts to encourage a more welcoming atmosphere for bicycling employees, customers, and the community. Awareness campaigns and mobility programs should leverage the unique circumstances of the Resort Area hotel and business community. 19 Resort Area Mobility Plan I Chapter 2 I Creating a Multimodal Resort OBJECTIVE S I Find creative ways to deliver results. Leverage quick-build and pilot projects to demonstrate mobility • • • . ,r, improvements. FP0 • : � Quick-build projects can be implemented quickly, at low cost, and planned with the See Quick Build expectation that the design may undergo changes in the future. When looking at the (Page X, will be linked) Strategy 5.1 full spectrum of projects implemented by a city or government entity, from pop- up or demonstration projects to larger capital investments, quick-build projects fall somewhere in the middle. Like permanent capital investment projects, quick-build projects are meant to be durable transportation improvements used by the public for months or even years. Use technology and data to prioritize investment decisions and track results. .� 6 a"' The impact of technology and data will depend on how the City and agency partners work together to collect, share, and leverage these new and evolving sources of information. The use of technology and data would provide new ways for people Strategy 5.2 to move around the Resort Area as well as new ways for planners and designers to understand these movements. Examples include using advance signal analytics to calibrate timings for the unique needs of all users and predicative crash analytics based on near misses or non-compliance. Likewise, the City should conduct regular vehicle, bicycle, and pedestrian counts using mobile, imagery, and hardware count technology as appropriate. Create a dedicated Capital Improvement Program to fund annual • • . • improvements while continuing to pursue new grant funding and Cp • ;, • implementation options. • The City should explore new funding and implementation options to achieve the projects, policies, and programs outlined in the RAMP. Opportunities include: Strategy 5.3 Establishing a RAMP Initiatives Fund in the City's Capital Improvement Program (CIP) for targeted implementation of proposed improvements; Establishing a mobility plan maintenance fund in the CIP to enhance and upkeep infrastructure; Establishing a Parking Benefit District to reinvest parking meter revenue back into neighborhood mobility projects; and Reallocating the City's contribution to the Trolley (Route 30) into microtransit rogram if microtransit replaces the Atlantic Avenue trolley service. City of Virginia Beach 20 NETWORK PLANS The Resort Area's popularity places a unique stress on the streets, paths, and sidewalks that give shape to the mobility network. Our success in improving the safety and ease with which people move depends in part on how we understand today's challenges, anticipate likely trends, and forecast future conditions. ? Street Network Network Considerations 0 The roads in the Resort Area and mix of people Previous Plans and Policies that use them are unique compared to other places • Resort Area Strategic Action Plan in the City and region. Streets like Pacific Avenue versus streets like Atlantic Avenue can and should • Virginia Beach Active Transportation Plan serve different roles in a balanced, multimodal • ViBe Connectivity Plan network. • Connector Park Design Guidelines • Existing Virginia Beach Policies (i.e., traffic calming) Active Transportation ICR)I The Resort Area welcomes significantly more Network Characteristics pedestrians and bicyclists than any other area of the • Traffic Volumes City, as documented in the Virginia Beach Active • Crash Locations Transportation Plan and observed during the RAMP • Destinations process. • Bicycle Level of Traffic Stress Score (ATP) Transit • Bicyclist, Pedestrian, and Scooter Activity Hampton Roads Transit, in partnership with the • Gap Analysis City offers seasonal service via the VB Wave • Other Anticipated Modes and Bayfront Shuttle. Other routes connect the oceanfront to other points in the region. While Community Input transit service can be unpredictable, it fills a notable • The proposed network should be safe and convenient for users gap in the mobility network. of all ages and abilities. • An integrated and connected transportation system is a Shared Mobility priority. Shared Mobility is not currently an option within • Space for pedestrians and bicyclists/scooters is a need on c*—As the Resort Area. E-scooters operated for a limited Atlantic Avenue in other areas. 1 time but have since been discontinued. • While most participants view walking in the Resort Area as easy, they also indicate crossing streets such as Atlantic Avenue is difficult. Resort Area Mobility Plan I Chapter 2 I Creating a Multimodal Resort - 11111W` i, \,1 I I ' I l' , P r ! up :,7, i . . 1 1 4s -= - - -----;"-- \_ - , 4 -• . , 1 �L. . ._ , ,_ Ail, 10, ., ,... 1 • ': b rf • Eat �+ l K � t �+ • D • - p • _ 4. ' , .` U 4 , ‘ , . f +! . . .a •„ 1 ) 1 • 4 I, 1 f tTii ' i II t ,vs E �" ' .r-- I A. .4%i- -100-. r il -__ -- 1 ......._ • I t 4 d i � Jr t _ f__ i� I . ,k - ' - ._ .. ,. ,� ... ) . . ' . -il"--' : - alr4„, = ,.. ' 410;,4;01 ,• s/A • Ifs " + t � _ /� , '4p. •-.._. a' , __ , _ „I f is . _____ I #11, 1:41e#40.t• a'1°,1;4 jra 0 4 -Tel'TN, ..„....-, 4,_,—..;.. • L'''''''_. ___,........., E_—_..__=____=_ U__ ....21.— �.� a.. • . -,,.,,4,.,.3,0',.", a `",4"'.-,44I00-I-.lA1f,L..0 ivy,7z,,,,,,1t,,„34_ 4,4 4. , _-.5_.u..,., .....—I.'.—_,,0. . ♦ '4i i:•i'iiiir4to1l l-•.i,"7-°-rA'*L.' .._.,r... .i s oi ,..•..,,.,., „.'.1.. d","i.t,.-.,-. _•'—_ (, •wN w .. I R .i C ss, STREET NETWORK The Resort Area street network includes a mix of roadways that serve different functions within the area. The network is primarily a grid pattern, and the amount of 1!:!!) What We Heard traffic—vehicular, bike, and pedestrian—intensifies as you get closer to the ocean. One notable challenge is that the majority of residents and visitors approach from Community Priorities the interstate, which quickly transitions them into the urban, neighborhood context Safety for All Users of the Resort Area. This setting demands greater thought about how to balance Bicycle and Pedestrian Friendly vehicular traffic and bicyclists, pedestrians, and transit users. This quick transition is complicated, particularly during the peak season, which includes a large mix of visitors Enhanced Streetscapes who are traveling on unfamiliar roads. Street that Create a Sense of Arrival and Place Existing Street Network ;- Reduced Vehicle Speeds Regional access to and from the Resort Area is provided by a well-developed street Reduce Vehicle Noise network, including 1-264. The City classifies its roadways through a conventional More Separated Bike Facilitates hierarchy based on federal classifications—arterials, collectors, and local streets. The 0,64 Street Lighting City's classification system also includes five types of arterials: * Freeway Major Arterial Urban 9c z # iY�rraare' A y * Minor Arterial Urban �V Mt &'a�,r ; �� * Major Arterial Suburban ,� ` a` y T e� � k`*tug yrs mq • Minor Arterial Suburban41. f, Traditional functional classifications express the hierarchy of streets and prioritize a° '40,, n!: ,1,... travel modes based on traffic volumes, speeds, p and levels of service. These ,� '�"d"�,k>s� `i' '��,N awrJ. t,� � t t 1�P �,„ classifications also inform design criteria. �� a �k' °rr'''ti�'" `'; *vi m 23 Resort Area Mobility Plan Chapter 2 l Creating a Multimodal Resort City of Virginia Beach 23 Existing Conditions I Roadway Classifications and Traffic The map below shows the roadway functional classifications for the major roads in the Resort Area as defined by the City of Virginia Beach. Average daily traffic is also reported at key points throughout the area. The Resort Area's major roads are mostly classified as Minor Arterial Urban roads. The roads with the highest average daily traffic in the area include 1-264, North Birdneck Road, Laskin Road/U.S. 58, and Pacific Avenue. Resort Area Boundary Virginia Beach Roadway 000o seib' i nal Classification�� Functional o fRd Major Arterial Urban I ) 50,000 Major Arterial Suburban 11,000 ,.—— Minor Arterial Urban tir Minor Arterial Suburban Freeway '24,000 e' i�. Average Daily Traffic q., 19,900°M eck Rd Annual Average Daily Traffic(2020) 6 Ns'1.3, , Stutt Center 25,000 25 0 00 ,d{`. to. 0,,vennQ Parks Ave .....,, __.. 6,000 19,2", 11,000 i,12, e (3►7001 s. 24,000 The busiest streets in the �; 1• ) (s,joo Baltic Ave Resort Area by traffic count are IIII 1111 il III 111 -264, Laskin Road. and Arctic Ave ;�_,y, . .,,r raw r y wkc Hon,' y•s 12,000 II 15,000 North Birdneck Rood Piaifie•Ave �14,000�' ._.--.......� a 15, � i;'..._., .ntec .IM S 900 �3 O Source: VDOT City of Virginia Beach 24 Qs9 Recommendation I A New RAMP Street Typology A revised street typology was created to supplement the City's traditional classification system. The enhanced classifications include new, user- oriented categories that consider the unique characteristics for street design in the Resort Area. A revised street typology prioritizes each corridor by mode, identifies preferred design treatments, provides corridor management options to increase safety, and helps City staff plan projects and improvements consistent with mobility goals for the Resort Area. s e'ra Resort Area Boundary >o`, Proposed Resort Area ./ -rR, / Street Typology / Interstate Regional Corridor Gateway Transition Resort Area Connector 4/6,'f0' r Commercial Corridor a o,),0ha, eck Rd —r--- Neighborhood Connector Q g vi oo o Ocean Connector 2 m v of ar cc9 Parks Ave ce Y M 3 V V �c Baltic.Ave t Arctie•Ave r Vanderbilt Ave s^ ,. .t fiea Allan xe,i 1 Jim r T t it l .,,. 25 Resort Area Mobility Plan I Chapter 2 I Creating a Multimodal Resort co Functional Purpose and Modal Priorities The new street typologies provide an opportunity to identify the functional purpose of the roadway with the modal needs of a street to move people more effectively. Ideally, all streets would have the ability to provide separate, safe space for each user; however, the right-of-way impacts would be significant. Given the mature roadway network and area that is the resort, the street typologies reorganize mobility priorities and to limit the improvements' impacts to the community. The modal priorities defined below are intended to prioritize modes within the curb lines of the roadway. For example, General Booth Boulevard is an important vehicular corridor, and is designated as a Regional Corridor in the RAMP Street Typology. On General Booth Boulevard, accommodating vehicular traffic within the limits of the roadway is a priority. However, it also provides a key and heavily used active transportation connection along the Virginia Beach Trail. As a secondary priority, space for active transportation must be accommodated outside the roadway on a parallel, shared-use path. Functional Purpose Modal Priority Street Typology Description Regional City Local Motor Transit Active Traffic Traffic Traffic Vehicles Service Transport Regional Focuses on through traffic, access to adjacent uses, 4 20 GO 0 Corridor RC and connections to the regional network A �1 Gateway Designed to transition vehicles from higher speed autoGI 0 AOW Transition corridors to multimodal streets A A Resort Area Designed to move people through the Resort Area as A A Connector RAC well as local destinations and off-street parking AA A CD 0 4110 Commercial 0 Offers multimodal access for the pulses of commercial A o„� Corridor activity within the Resort Area . 0 421 l % A 0 Neighborhood Provides critical link between local streets, A A A Connector CO . ,Commercial Corridors, and the regions el GO I 1 i transportation network Ocean Provides access between Atlantic Avenue and PacificID 0 0 A Connector OC Avenue N A Key 0 0 0 EN f...... 01111 Discouraged Secondary Primary Varied Low Medium High City ofVirginia Beach 26 Corridor Management Strategies 20 30 40 A street typology specific to roadways in the Resort Area will also serve the City mph mph mph in identifying improvements that better achieve targeted vehicle speeds. As modal 1, priorities are reset, it is particularly important to reduce the speed differential A between vehicles and non-vehicular modes because vehicle speed influences the frequency and severity of crashes including injuries and fatalities. Likelihood of fatality A primarygoal should be 1 0% 40% 80% to reduce the injury rate of it. pedestrian and bicycle crashes. i tttt lift, These corridor management strategies are proven countermeasures that can help. Source:US Department of Transportation via ITE's Speed as a Safety Problem Web Page(https://www.ite.org/technical-resources/topics/speed-management- Additionally, reduced vehicle speeds increase the cone of vision for drivers allowing for-safety/speed-as-a-safety-problemb. them more time to see and react to pedestrians or bicyclists. This can help reduce the number of crashes, injury or not, by allowing the driver and the pedestrian or bicyclist more time to react to avoid collision. In the RAMP, corridor management strategies will be applied to higher classification roadways, so the applicability of certain countermeasures requires considerations based on additional context to avoid unintended outcomes. These corridor management strategies offer benefits beyond speed management and safety. The corridor management strategies are organized by intersection and corridor specific improvements. IV I5 mph _ 30 mph -__ _The images to the right illustrate a _= —______ _`- _,,, � a1 0111 r' ".'i�������7r � � T��s����- xdrivers field of vision based on travel 5 , D D Oki Q Q — kn___,�= s _5 1 speed. At faster speeds, the driver has a D prl'1 r u' �. :=:a=.=la// \;+:_.fie= reduced ability to see full road activity ��__ ������ and also has less time to react and 0 0 rim ===�4 -1 ==�� respond. � r Source:Walkable City Pules via ITr's Speed as a Safety Problem Web Page 1 '\ I.. , ( 4ef ' MI (hht ps://www.ite.org/technical-resources/topics/speed-managementfor-safety/ speed-as-a-safety-problem/). : , 27 Resort Area Mobility Plan I Chapter- 2 I Creating;a Multimodal Resort a 9.5st,Intersection Options Corner Extensions I Bulb-Outs Mini-Roundabout I Modern Roundabout Forced Turn Island I Median Barrier In ' .... ..... 0 4 - ., 14 ti 1 r-, RI ( L 7. , 4111N111111116b ')L _),yr..______________ y.i.,.........i4 / I 1 i \ 7". ' ZN\ _ ' -- - _ / 1,---- ,-- ,rC- Ji. - - \\7f...\ .4,. .., 4. t - \ - 11160 .... i .4..- .,..f 1,". ...ve''''' trn ---lf.- , , , r,,1•01 . - c,-;-4 —--- -- 1/4•402,_1“?':! ,s ' 4 " "." ,''',. 0f.' \K \, i Is 0 ''...•. ^,^^---14.,4::..6 4h • _ - ... ° Ns. N,,„, i -,,, _'••,,, 21 — -1,0 *... • '11,i' • , , *...4. •411,''i. iiip -Jr—— - , . So e,-INIAtrO \--\\ ; — y Source NACTO Source.NACTO RC 40 RAC 4,4) OC RAC OC Corner Radii Raised Medians and Refuge Islands Raised Intersection 4 t,.,-....--, "' ~ 111111111111111111111111 n=16- 1 r . . ____ , , IR 0.--\ "7",411;,' A ....-._.-- tilt-r j _ # - ' - - 1 A ki Q '4. . %--4 • -k. • . - _____ _ . .,„.„.. ..— , ., .- . -4.--" i . 1,5.... „,,,' )-' '1 u 0 1 )11 0 0 F'lk•., °,L.'S, ,,,,,,, „.......r,4.:-. -, 4).e' ' „,..--.2t" -- - L ilii flii -40!Sia ...,. •,. .i . , . , , ........ ........, Q \f . . , ...--11, ,.., <---, . __ _ ,..•:::: ,..„,„... , 1, v -- _ • 01_, ___. ----..--.. .„ >) ‘-:-.7.,•:„. iwatf.:,?2.1, ..,, y.... ,..._, , , Source:NACTO Source:NACTO ? 1- GO RAC 041) OC RC 41) RAC 4,4) OC 40 41111) OC City ofVirginia Beach 28 ce . Corridor Options Lateral Shift Chicane Choker / „ , -wino.* U—_, .1, \ 1.vig,*--‘, ,,,,,, e?,,,-(0. ' W P.,.\\., *: \ \ ) 'N,,,,'\ , *, ,,_,„,\_ \ 1 , 1 4 •\,.. ,,,''.° 44,,,g, t / N. \ El \- \ \\______,. ' ,Q , '''. , ,..!4\1/4,,, i, ' c'' j (- \V'',. 1 I \ IC ‘ v,,, , \c:LI\C") - / Source:NACTO Source:NACTO A`w v. "` =: Source:NACTO r\ 0 0 0 k r. `s,-, RAC 00 OC Speed Cushions Raised Crosswalk/Speed Table Signal Coordination NM 11101 UM 1: I: --I : --I • ... may I_ 11 1 ',�— i +v, .:,., ,,.. _ r) , — - ,t ---, — 1 - . -- --"---- -----' 4,-...."--_--_. V , - 7 Soure:NACTO So ce.NACTO ' y~ 40 OC ,00c RC CD RAC 0 0 ,, , '` 29 Resort Area Mobility Plan I Chapter 2 I Creating a Multimodal Resort ce Corridor Options (cont.) i4' Driver Speed Feedback Signs =;:: Community Gateway Street Trees 1 . •'ilk 444 fit', Ok lik ... ,i El Ire 40 II ili I 11111 , , \_: . 1111 , •141. '',1 J011'1'1:11* li it 110 ll Iii, alf .... . , ., f..„ - , In il -c"),/ r--, ,. , --- il.rnilf, IV II 1,i. * .--,,ii , tiiiiio*.IR i \‘‘...,/ ; , (--— 4---at; '-- .1 if0 r t'su e i I 1 1 SPEED -- ,r17.771- ,, .. ,..., 9 .0 iA ' t . ..-"— 4, 1 . CI 1%/41 ill'IL— .i';...*'41/3'7 ; .- _r , illfro.„ - A . _5 t , it ,..........„....00, .::::,..„ ir ..„:„..., k ,,. .._; ,... — ' , _______ is ii ii ii , 11 •1-;t4, — ..IA ti. ' •::::•—• •::::::: , 4. ,,, -------- ,I ir\ CT 4i,i 41 _ ,,,,,, ../ i , ' .. , ' ii , ,-:, Source:TA PCO 1 a ...i. ., .-'''t ACP"'...1'.' '''''' —s' Source NAE TO _ .r, 0.. CD RAC , 0 0 GI) RAC 41111411) RC 4110 RAC 41)411) OC City ofVirginia Beach 30 ACTIVE TRANSPORTATION Like the street network, each sidewalk, bike path, and trail in the Resort Area plays a role in how safe and easy it is for people of all ages and abilities to travel on foot, bike, scooter or anything else that rolls. The Virginia Beach Active Transportation Plan (ATP), adopted in July 2019, provided a citywide look at walking and bicycling. Together with the RASAP, the ATP provided the baseline for understanding existing conditions. The RAMP built on this foundation by taking a more detailed look at conditions specifically in the Resort Area. In particular, traffic volumes and crash locations were reviewed to determine how those characteristics affect the way residents, employees, and visitors experience the Resort Area on foot and by bike. Other key data included input from the RAMP committee as well as Resort Area stakeholders, residents, and visitors. Bicycle and Pedestrian Activity The ATP included a demand analysis for the entire City to better understand areas that have the highest demand for pedestrian and bicycle facilities by considering population density, proximity to major job centers and popular destinations, and proximity to transit. Bicycle and pedestrian conducted in Summer 2021 as part of the RAMP data verification effort confirmed significant bicycle and pedestrian activity at the following locations: On a Saturday in July... • Pedestrians on Pacific Avenue crossing 2I st and 22nd Streets (over 8 hours): 6,850 • Pedestrians on Atlantic Avenue crossing 21st and 22nd Streets (over 8 hours): 20,350 • Bicyclists on Atlantic Avenue near 17th Street (over 24 hours): 1,000 • Along 17th Street near Arctic Avenue (over 24 hours): 2,800 pedestrians, 120 bikes riding on the sidewalk, and 150 bikes riding on the street . , ',, lir ...- ; 00, ( I. r . . -, . ,, ,, What We Heard wi ,.. i Al 4 - - . 1 • The proposed network should be safe and7 ,,�, "' •.,� 1 convenient for users of all ages and abilities. t `� �, " ' • An integrated and connected transportation t� '... .$1 t, �, ?_, ,, system is a priority. �' r � • Space for pedestrians and bicyclists/scooters is 1 i iN , 0, a+ M� I i die !I a critical need on Atlantic Avenue. sx waft 1, r I .,. ' c r 1 Mr ----77-7,1•111111111111111111111111 31 Resort Area Mobility Plan I Chapter 2 I Creating a Multimodal Resort Existing Conditions I Pedestrian Network Improved sidewalks have been constructed in the Resort Area with all recent City infrastructure projects. The pedestrian network expands on the ViBe Connectivity plan and uses the sidewalk gap assessment performed to locate areas in need of further improvement. The pedestrian network recommendations also consider improvements at roadway and intersections to improve crossing safety. While sidewalks exist in many places throughout the area, many are in need of maintenance, widening, and improved accessibility consistent with the Americans with Disabilities Act (ADA). _ ....r.... • —amamu I_ Pedestrian Network Goals --w- :ice E ," . .. , r.r r.a.r ��rrn iDAdd more detail and clarify recommendations from °" .. previous plans. _ .._._.. ,' Improve sidewalk, streetscape, and amenities to make '� O walking a P referred mode. i'il►, s ry a UFill gaps in the sidewalk network. 1 , 0 Identify priority locations for wide sidewalks and igHT enhanced streetscapes. N' �' :,, -----— _ 41) Recommend intersection treatments based on the r. , RAMP street typology. Ills, , ,yy�� „ .- -,. vv „ a r t.ti ar +ter i* .,. ... ` ` i ' kk 1,44 :A k!,1, = d 1tt. "4 ,, - ., . ,, $. ---,,,, ,1 : \,, .,...........-. z :: ._ , , s , ...., - , . ,, — k —it 44, -4,4:: '''. 9 �4 . ill n , . sI. • w . 4„ Existing Conditions I Pedestrian Network The Resort Area has approximately 16 miles of multi-use trails, as well as many wide sidewalks and connector park paths. The Resort Area also has a large and mostly complete network of sidewalks, though the quality and upkeep of the sidewalks varies. Five designated non-motorized connection points arc located in the Resort Area. - Resort Area Boundary Existing Pedestrian Network - Multi-Use Trail/Sidepath %,` Sidewalk (/*" ."-f."'"'.. .-.--- S 80.0, Rq Wide Sidewalk Connector Park Path ONon-Motorized Connection l Q ,, - 90 x �I f L. � . — 0,3, 4 I .... =1 .,,,,.i • ai — , f----/ -- :; ri __. ....; t--. ...: • _144 r • __. . c,:jifilif 4 6 n # 4.4 4. 1—N....c.. .: V N 6 Baltic Ave ArcnG Av Vanderbilt Ave OQ obIi I i II - ,%t.,awI,Alm T 77'- 33 Resort Area Mobility Plan I Chapter 2 I Creating a Multimodal Resort le Recommendation I Pedestrian Network Resort Area Boundary Proposed Pedestrian Network • ..• Multi-Use Trail/Sidepath •••. Wide Sidewalk . Enhanced Sidewalk/Streetscape ........ Sidewalk 0 Non-Motorized Connection Se . Temporary Transfer Center d,> ct- 1R a Existing Pedestrian Network d Multi-Use Trail/Sidepath • / Connector Park Path S Wide Sidewalk Sidewalk ONon-Motorized Connection C� doe ck Rd Q 60 orb o rr ;' is 2 m — r ! 58 10•••0,' Me Parks+Ave r,.T'•ar . r ► 1 1 1 1 e . .*.'/r•ry. •+.i r 1 c".---\, ! 1 1 1 n M � • 11 1 ;• A. a 1 m' 1r"P • 1.4..r. 1 1 ". 1 1 1 I 1�, Baltic Ave 1 I.r 1 i "'A'rii."Av?r• Vanderbilt Ave / 0 4 si ,•j Y I ar se I tac ific,ve no , as sto mmewa.A..d. Lmanireamma. irw- Afll1cs.Ave11: ,.rya.••i. r r r u ..r •r .. .' 1 1 1 i 1 i 1 T I 1 I ► 1 1 1 ► c City of Virginia Beach 34 Existing Conditions I Bicycle Network The Resort Area's approximately 16 miles of multi-use trails are also used by bicyclists, and there are nearly seven miles of other bicycle facilities including active transportation lanes and shared bus/bike lanes. Five designated non-motorized connection points and a bicycle maintenance station are located in the Resort Area. - Resort Area Boundary Existing Bicycle Network - Multi-Use Trail/Sidepath Se''bN - Conventional Active Transportation Lane Rd .-.---- Shared Bus/Bike Lane ONon-Motorized Connection • Bicycle Maintenance Station k titi c'e \ '4'4)''''--Rd Q boor/ ., i , ,, En a m 0 a k ct- <5....\- - _____.N..5 Vanderbilt Ave 0 0 0 0 0 Pacific A,, Atlantic•Ave 35 Resort Area Mobility Plan I Chapter 2 I Creating a Multimodal Resort Existing Conditions I Bicycle Level of Traffic Stress Bicycle Level of Traffic Stress uses traffic speed, the number of travel lanes, and the separation between bicycles and vehicles to rate the likely level of stress experienced by the bicyclist. Most streets in the Resort Area are low-stress routes, mainly because they are small residential streets with little through traffic. Larger streets are typically higher stress, where only the most confident cyclists would feel comfortable riding. All unmarked streets arc considered low stress. ,. Resort Area Boundary Bicycle Level of Traffic Stress(LTS) LTS 4(High) SQ'',,; LTS3 0` --� LTS 2 n Interstate(LTS Not Applicable) All unmarked streets have LTS I (Low). ov4crps. ,...rsrwa,lirr,f,rnk Fq��. \ry, '�.., �e�k Rd farstrwr..,park ... j� • Sports Center Sd i Q o+o orwentlon t\ Csn«r j 2 Parks Ave I ' , x ..(-- i 4); 4,,n L" 10 N M ,,te�e. ...''''' 1411" i t A ..1 . i 1 41toot iii., : UC AYlrl / f t vandcrbitt Ave 0 Raeifi4v Atlantic Avt. - mill. A Source: City of Virginia Beach