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4-16-2024 FORMAL SESSION AGENDA CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR ROBERT M. 'BOBBY"DYER,At Large IA'BEq VICE MAYOR ROSEMARY 97LSON—District 5 �4 CyL MICHAEL F.BERLUCCHI—District 3 04 �0 BARBARA M.HENLEY—District 2 DA V1D HUTCHESON—District I U ROBERT W "WORTH"REMICK—District 6 DR.AMELL4 N.ROSS-HAMMOND—District 4 JENNIFER ROUSE—District 10 JOASHUA F. ':IOASH"SCHULMAN—District 9 oP oua a.t�� CHRIS TAYLOR—District 8 SABRINA D. WOOTEN—District 7 CITY HALL BUILDING 1 CITY COUNCIL APPOINTEES 2401 COURTHOUSEDRIVE CITYMANAGER—PATRICK A.DUHANEY VIRGINIA BEACH, VIRGINIA 23456 CITYA7TORNEY—MARK D.STILES CITY COUNCIL AGENDA PHONE.(757)385-4303 CITY ASSESSOR—SUE CUNNINGHAM FAX(757)385-5669 CITY AUDITOR—LYNDONS.REMIAS April 16, 2024 EMAIL:CITYCOUNCIL@VBGOV.COM CITY CLERK—AMANDA BARNES MAYOR ROBERT M. "BOBBY" DYER PRESIDING I. CITY COUNCIL'S BRIEFING - Conference Room- 12:00 PM A. AHEAD EASTERN VIRGINIA MEDICAL SCHOOL (EVMS) STUDY Dr. Ethlyn Gibson, DNP, MSN, Research Scholar, Department of Pediatrics- EVMS Dr. Hamid Okhravi,Associate Professor, Glennan Center for Geriatrics and Gerontology, EVMS (Requested by Vice Mayor Wilson, Council Members Berlucchi, Remick, Rouse and Schulman) II. CITY COUNCIL'S DISCUSSION A. COLLECTIVE BARGAINING 12:30 PM III. CITY MANAGER'S BRIEFINGS A. COMMERCIAL VEHICLE PARKING 1:00 PM L.J. Hansen, Director—Public Works B. FY 2024-25 RESOURCE MANAGEMENT PLAN (BUDGET) OPERATING AND CAPITAL IMPROVEMENT PROGRAM (CIP) 1. HEALTH DEPARTMENT l:30 PM Dr. Caitlin Pedati, Director—Virginia Beach Public Health Department 2. HUMAN SERVICES 1:45 PM Aileen Smith, Director 3. PUBLIC UTILITIES/WATER& SEWER CIP 2:00 PM Bob Montague, Director 4. EMERGENCY COMMUNICATIONS AND CITIZEN SERVICES (ECCS) 2:30 PM Jada Lee, Director 5. PUBLIC WORKS 2:45 PM L.J. Hansen, Director 6. STORMWATER CIP 3:00 PM Melanie Coffey, P.E., Engineer V—Public Works Jonas Alered, P.E., Stormwater Operations Engineer—Public Works 7. FLOOD PROTECTION CIP 3:30 PM Toni Utterback, Stormwater Engineering Center Administrator—Public Works IV. CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS 4:00 PM V. CITY COUNCIL AGENDA REVIEW 4:15 PM VI. INFORMAL SESSION - Conference Room- 4:30 PM A. CALL TO ORDER B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VII. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer B. INVOCATION C. MOMENT OF SILENCE D. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA E. ROLL CALL OF CITY COUNCIL F. CERTIFICATION OF CLOSED SESSION G. MINUTES 1. INFORMAL AND FORMAL SESSIONS April 2, 2024 2. FORMAL SESSION April 9, 2024 3. SPECIAL FORMAL SESSION April 9, 2024 H. MAYOR'S PRESENTATIONS 1. RESOLUTION—AUTISM AWARENESS MONTH 2. PROCLAMATION—JOHN OLIVER"DUBBY"WYNNE DAY Susan Wynne accepting 3. PROCLAMATION—NATIONAL FALLEN FIREFIGHTERS MEMORIAL SERVICE DAY Chief Kenneth Pravetz—Fire Department accepting I. PUBLIC HEARING 1. POLLING PLACE CHANGE FOR JUNE AND NOVEMBER 2024 ELECTIONS Central Absentee Precinct to Building 23 within the Municipal Center J. FORMAL SESSION AGENDA 1. CONSENT AGENDA K. ORDINANCES /RESOLUTIONS 1. Ordinance to AMEND City Code Section 21-230 re traffic calming 2. Resolution to APPROVE the 2024 Plan of Financing with the Virginia Beach Development Authority (VBDA) not to EXCEED $168.5-Million, APPROVE certain documents prepared in connection with such financing and AUTHORIZE the execution and delivery of same 3. Resolution to PROVIDE for the issuance and sale of General Obligation Public Improvement Bonds, in the maximum amount of$276-Million and PROVIDE for the form, details and payment thereof re authorized public improvements 4. Resolution to GRANT a permit to Hospital to Home LLC re ambulance services 5. Ordinance to ADOPT the 2024 Housing Choice Voucher Annual Agency Plan and Revised Administrative Plan and AUTHORIZE the City Manager to EXECUTE and SUBMIT the Plans to the U.S. Department of Housing and Urban Development(HUD) 6. Resolution to AUTHORIZE and DIRECT the City Manager to EXECUTE a Settlement Agreement with the United States of American under the Americans with Disabilities Act 7. Ordinance to AUTHORIZE acquisition of 1.301± acres of property at 2425 George Mason Drive from Enterprise Investors, LLC re Building 24 8. Ordinance to EXTEND the date for satisfying the conditions re closing a 15-foot portion of an unimproved, unnamed alley adjacent to 650 South Atlantic Avenue and Lot 22 in Block 20 of Croatan Beach 9. Resolution to APPROVE an Extension of the Town Center Option Agreement and RECOMMEND that the Virginia Beach Development Authority (VBDA) APPROVE the Extension 10. Ordinance to AUTHORIZE temporary encroachments into a portion of City-owned property known as Sandbridge Shores Bass Inlet(a/k/a Mill Pond)and into a 5' City-owned drainage and utility easement at the rear of 2945 Sand Bend Road re maintain an existing frame shed, timber pier, timber bulkhead, concrete boat ramp, and construct and maintain an aluminum boat lift with timber piles DISTRICT 2 11. Ordinance to ACCEPT and APPROPRIATE $7,940 from the Virginia Department of Behavioral Health and Developmental Services to FY2023-24 Human Services Operating Budget re Prevention Services Program 12. Ordinance to TRANSFER up to $800,000 from Vacancy Savings in the General Fund to Emergency Medical Services and AUTHORIZE 2 full-time employees re establishment and administration of the municipal pharmaceutical program for EMS, Fire and rescue squad staff and members 13. CITY OF VIRGINIA BEACH for a Certificate of Appropriateness re appeal of Historical Review Board Decision on application to modify #21-20 to temporarily alter window openings (APPROVED) and remove natural slate roof and replace with synthetic slate (DENIED) at 2403 Courthouse Drive DISTRICT 2 L. PLANNING 1. WYCLIFFE PRESBYTERIAN CHURCH& BHC,LLC/TRUSTEES OF WYCLIFFE PRESBYTERIAN CHURCH at 1445 North Great Neck Road & 2307 Millwood Road (DISTRICT 8) for: • Modification of Conditions to a Conditional Use Permit (Applicant has requested to amend) • Conditional Change of Zoning from R-10 Residential to Conditional 0-1 Office (Applicant has requested to defer or withdraw) • Conditional Change of Zoning from R-10 Residential to Conditional R-10 • Variance to Section 4.4(b) of the Subdivision Regulations for Parcel A (Applicant has requested to defer or withdraw) • Variance to Section 4.4(b)of the Subdivision Regulations for Parcel Lot 5 RECOMMENDATION: STAFF - APPROVAL PLANNING COMMISSION- DENIAL APPLICANTS' LETTERS DATED APRIL 9,2024 & APRIL 11,2024,ARE ATTACHED 2. CARL R. ELLIS, JR for a Variance to Section 4.4(b) of the Subdivision Regulations re subdivide the lot to create two (2) single-family dwelling lots at 2620 Broad Bay Road DISTRICT 8 RECOMMENDATION: APPROVAL 3. VIRGINIA BEACH AVA RE,LLC for a Street Closure re approximately 813 square foot portion of an unnamed, unimproved right-of-way adjacent to 2375 Virginia Beach Boulevard DISTRICT 3 RECOMMENDATION: APPROVAL 4. BORN PRIMITIVE,LLC/MODERN SAVAGE INVESTMENTS,LLC for Modification of Proffers to Conditional Change of Zoning re modify the conceptual landscape plan and increase the height of the building at 1489, 1477 and 1469 Virginia Beach Boulevard and two (2)parcels directly east of 1469 Virginia Beach Boulevard DISTRICT 6 RECOMMENDATION: APPROVAL 5. VIRGINIA ELECTRIC AND POWER COMPANY DBA DOMINION ENERGY VIRGINIA / USA ENTERTAINMENT, LC for a Conditional Change of Zoning from Conditional B-2 Community Business District to Conditional I-1 Industrial District re construct an office/warehouse building and Conditional Use Permit re bulk storage yard at 1585 Dam Neck Road DISTRICT 5 RECOMMENDATION: APPROVAL 6. TERRY MOORE MIFFLETON/CHARLES&TERRY MIFFLETON for a Conditional Use Permit re short term rental at 303 Atlantic Avenue, Unit 403 DISTRICT 5 RECOMMENDATION: APPROVAL 7. Ordinance to AMEND Section I I I of the City Zoning Ordinance (CZO) re definition of dwelling unit,home sharing, kitchen and porch RECOMMENDATION: APPROVAL M. APPOINTMENTS 90-DAY FESTIVAL TASK FORCE ADVERTISING ADVISORY COMMITTEE ARTS AND HUMANITIES COMMISSION AUDIT COMMITTEE BAYFRONT ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION CLEAN COMMUNITY COMMISSION COMMUNITY POLICY AND MANAGEMENT TEAM COMMUNITY SERVICES BOARD HEALTH SERVICES ADVISORY BOARD MINORITY BUSINESS COUNCIL PARKS AND RECREATION COMMISSION PERSONNEL BOARD PUBLIC LIBRARY BOARD RESORT ADVISORY COMMISSION SHORT TERM RENTAL ENFORCEMENT TASK FORCE SOCIAL SERVICES ADVISORY BOARD VIRGINIA BEACH TOWING ADVISORY BOARD N. UNFINISHED BUSINESS O. NEW BUSINESS P. 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://clerk.virginiabeach.gov/city-council under the eDocs Document Archive. If you would like to receive by email a list of the agenda items for each Council meeting,please submit your request to TChelius(a),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: http s:Hvb gov.webex.com/weblink/register/re8 e229873 9a3 3 ae86d8 97bcba6a80ae9 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on April 16, 2024. I. CITY COUNCIL'S BRIEFING - Conference Room- 12:00 PM A. AHEAD EASTERN VIRGINIA MEDICAL SCHOOL (EVMS) STUDY Dr. Ethlyn Gibson, DNP, MSN, Research Scholar, Department of Pediatrics - EVMS Dr. Hamid Okhravi, Associate Professor, Glennan Center for Geriatrics and Gerontology, EVMS (Requested by Vice Mayor Wilson, Council Members Berlucchi, Remick, Rouse and Schulman) II. CITY COUNCIL'S DISCUSSION A. COLLECTIVE BARGAINING 12:30 PM III. CITY MANAGER'S BRIEFINGS A. COMMERCIAL VEHICLE PARKING 1:00 PM L.J. Hansen, Director—Public Works B. FY 2024-25 RESOURCE MANAGEMENT PLAN (BUDGET) OPERATING AND CAPITAL IMPROVEMENT PROGRAM (CIP) 1. HEALTH DEPARTMENT 1:30 PM Dr. Caitlin Pedati, Director—Virginia Beach Public Health Department 2. HUMAN SERVICES 1:45 PM Aileen Smith, Director 3. PUBLIC UTILITIES /WATER& SEWER CIP 2:00 PM Bob Montague, Director 4. EMERGENCY COMMUNICATIONS AND CITIZEN SERVICES (ECCS) 2:30 PM Jada Lee,Director 5. PUBLIC WORKS 2:45 PM L.J. Hansen, Director 6. STORMWATER CIP 3:00 PM Melanie Coffey, P.E., Engineer V—Public Works Jonas Alered, P.E., Stormwater Operations Engineer—Public Works 7. FLOOD PROTECTION CIP 3:30 PM Toni Utterback, Stormwater Engineering Center Administrator—Public Works IV. CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS 4:00 PM V. CITY COUNCIL AGENDA REVIEW 4:15 PM VI. INFORMAL SESSION - Conference Room- 4:30 PM A. CALL TO ORDER B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VII. FORMAL SESSION -City Council Chamber- 6:00 PM A. CALL TO ORDER— Mayor Robert M. "Bobby"Dyer B. INVOCATION C. MOMENT OF SILENCE D. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA E. ROLL CALL OF CITY COUNCIL F. CERTIFICATION OF CLOSED SESSION G. MINUTES 1. INFORMAL AND FORMAL SESSIONS April 2, 2024 2. FORMAL SESSION April 9,2024 3. SPECIAL FORMAL SESSION April 9, 2024 H. MAYOR'S PRESENTATIONS 1. RESOLUTION—AUTISM AWARENESS MONTH 2. PROCLAMATION—JOHN OLIVER"DUBBY"WYNNE DAY Susan Wynne accepting 3. PROCLAMATION—NATIONAL FALLEN FIREFIGHTERS MEMORIAL SERVICE DAY Chief Kenneth Pravetz—Fire Department accepting 1t11P.Bp_,q �+.04.l. C r �rocta�Ytta�fflrt 4144reas:Sohn Ofaw'rDubiy'Wynne was born on Sufy 6,1945 m Norfok'Virginia anddredon October 26,2024 in Vr'rginta Beach,Virginia where he resided for more than fifty years,•and 44 Fm= Du6by is surviced6y the love of his fifs his wife Susan Stri6Gng Snodgrass%ynn with whom he cefekatedtheirMth wedding anniversary on December 23rd,2022. Du%u also survivedby their two sons:Sohn Ofiwr U nne,Sr,his wife Katherine'Waddeff"ne,andtheia two children;andBradford Annan"ne,his wife Cathenne Cravvford"ne,and theirfour daughter;affrendents of the City of Virginia Beach,and Ww mr Susan andou6by's son Lee Stnbfing%N mne predeceased ou6by on November 20tk 1984,at the age of sir from leukymia ForSusan andou6by,the toss of Lee was the most pamfudeperie`w of their five,and thry were determinedas a couple to be devoted to the Lord in the hope of 6eing reunited with Leg and Wiwm= Vu6by was a graduate ofNorfoa—lcademy,owweton t6rwrsity,andthe university of Virginia Law School Du66y's experiences at these institutions were hugefy important to him,andhe spent the rest of his fife giving 6ackto them in numerous ways,including serving as Pirsident of the Boardof7rustees at Norfo"cademy,as a long-time Trustee at Trinceton'University,andas WA-tor of the Boardof isitors of the university ofTi grata,•and Wiaroar Aftergraduating from faw schoolin 1971,Dub6y wo*das a corporate attorney at' UmySavage andthen,to 1974,went to work forT•mnkBatten Sr.at LandmarkCommunications Inc,a company which hadintemsts in newspapers,&vadiasting,ca6fe programming,anddigitafpubfishing. Qu6by rose through the ranks at Landmark retiring as Bruident and Chief Executive Offices in 2001 and continuing to serve on the Board ofDirtdors for many years thereafter, and tWunw. In 1982,Landmarkintroducedtlre Weather CharnreC the 24-hour ca6fe networkwhich iDu66y was primarily reTonsibfe for launchiV andgrowiV. In 1997, he receivedthe VanguardAwardfor4Yogrammers from the NationafCa6leTefevuionAssociation andthe Governor'sAwardf vm the NationafAcademy of Ca6le TProgramming for%is leadership and insight in makpig qrw Weather Channefthe preeminent provider of weather information,andone of the most innovative andpopufar networks on television'In 2016,Du6by war elected to the Cable Television.7faQofFamg and 40fmwx Du6by was above aifa visionary civic leader committedto creating economic opportunity andsuccess for the Commonwealth of Girginia,the 7fampton Woods region,and the City ofVtrguiia Beach 5Tewasa tireless and energetic advocate and traiiblozerfor initiatives andorganizatwns that mrultedin positive economicgrvwth forthe benefit of countless 7h'rginians;•and %**"cos• iDu66y was the former•Chairman of llhe.7lnmpton Roads Community Foundation andformerCo-Chairman of the7fampton ftadr martnership. oub6y foundedandservedas ChairforRFunvent7fampton Roads,su6sequentfy re-organizedas the 9fampton 4(pads Executive Rpundw6fe,the segion's economic development organization focusedon thought&adership,strategic direction,innovation,andcoQa6oration iDu6by afro founded'andsermdas Co-Chair of the Mampton Reads Maritime C6056orative far(Growth e' Innovation(`JAM)to advance the long-tern economic development andinnovation for the regum's signjAcant maritime ecosystem;and W ierear Du66y was a driving force 6ehindthe creation of the innovative GO Virginia program,a unique bipartisan,business-fedimtiative to strengthen the economic of ailregiow of the Commomveaftk tnc&ding7fampton Reach. 7fe was the initiarChairof GO Virginia andservedon the Boarduntifhis death;and %fiiereac In 2006,Dubby receiveda First Citizen awardfrom the NationalGowrnors'Assoeiation for iDirtinguuhedSen&e to State Government for his workin creating and then implementing the Counciron Virginias Tuture,which focuses on developing a long-range stmtW andperrormance management rystem for the Commonwealth ofVi'rgi*and Wwmas• nubby was a champion of highereducatior,serving as a 9tem6er of the'Girginia Businers9righerEducation Council the state-appointed CouncdofViigher Education of Virginia,the Governor's Commission on7figherEducation,Innovation andlnvestment,andthe Virginia 7figherEducationAdvirory Councik and M1b 6WX In 2014,(Du6by received the iDardenAwardfor fgionarLeadership from the CIVIC Leadership Institute andwas awardedan honorary degree,Doctor of 7fumane Letters,from Ofdoomimon'University. In 2020,W6y was honoredas a Living Legend 6y Virginia Business Wagazing and %ierr= In the words of Governor Glenn A,Toungkv;`(Du6by left a forever markon the Commonwealth of Virginia,dedicating his immense experience andhis fife to improving economic opportunity andprosperity across Virginia',•and S4 imur iDubby continuaQy inspired encouraged mentoreu4 adiw4 andadvocatedfora multitude ofgovernment,education,andbusiness leaders,as we[!as students, with diverse socio-economic 6ac4rounds 7fe encouraged people to be innovative and supported entrepreneurship for the economic 6enefit of aifVi tmansoubb . 's impart the Commonwealth of Virginia,the7fampton Reads region,and the City of Vinginia Beach wiff&e felt,&wroge4 and 6udt upon for genera tions to come; come;and Wiere= iDub6y wtflbe re mem 6eredfor bis fore of aad dew tion to his family,his deep anda6idtng Faith in the Lora his strong value,his passionate concern for the weX being of others;his unwavering commitment to the State of Virginia andifampton Reads andhu tireless drive to change andimprove the quality of Gfe for others. Now,QTrerefine I,Rp6ert X'Bobby'Tty-,,Nayor of the City of Virginia Beach,Virginia,do hereby proclaim• April l 6, 2024, 1vftn Over "OU66y""ne (Day In'Vagirda Beach,and I caffupon the citizens of Vagina Beach to join me in remem6enng Sohn Omer Lby''Wynne for his dedeation andfi%ufMhip for budding a legacy that sexes the citizens of Virginia Beach andsurrottnding areas. In%itmus Wierwaf,I have hereunto set my handand caused the OfjiciafSeal of the City of Virginia Beach,Virginia,to be affixed this Six#eenth Day ofApri!Two thousand andTwenty-Four. Rp6ert rye.'Bo by'iUyer Mayor 0 y J)rOC amation TN4erear. The VnitedStates Congress and the(President of the VnitedStates have designated the day of 9llay 4,2024,the annuafNationalFaQen Firefighters gfemoriafService as a day to honorfirefeghters and emergency services personneCwho have sacrificed their lives to save others by Cowering theAmerican flag on ah federal buildings to haCf-staff,and u 4ereax An average of 80 firefighters courageously makg the ulimate sacrifice in the fine of duty each year, and 'Whereas: Firefighters and emergency services personnel play an essential rote in the protection of fives and property in our focalcommunity;and Whereas: 2Te NationalTa/len Firefighters 9Kemoriaf Weekgnd mark;the wee4ndfolivanng International Firefighters'Day 2024;and '6 Tweax It is of major importance that we increase our efforts to reduce deaths,injuries,and property fosses from fire;and vvwff ax As duskturns to dark fandmark§,homes fire service organizations,and6usinesses across the country wiff glow in respect from Way 1-S,2024 to the fallen.and theirfamirms;and *ftereax In 2017, the Foundation created Light the Night for Fallen Firefighter to recognize the 25th anniversary of the NationafEaden Firefighters Foundation andthe?Yationafl'allen Firefighters 94emorial'Weekeni(-and Wherrax Light the Night for Fallen Firefighters has eganded to include fire departments, businesses and families ifluminating their homes and businesses in red and Whereas. In remembrance of Virginia Beach Firefighter Captain Yatthew'Chevy'Chiaverotti who lost his life,Aprill7,2023,andalffire andemergeney personnelwho have made the ultimate sacrifice and to pay respects to the survivors of ourfa/Ien heroes,participate in"Light The Night 4?§d"Across America for Fallen Firefighters,Way 1-S,by changing your porch fights to red,pausing fora moment of silence,or reading a speciafpassage to honor the sacrifices of these pubfu-servants and theirfamiliies, Now,7Lmfm I,�Xp6ert A `Bobby'Dyer,9Hayorof the City of Virginia Beach,'Virginia,do hereby pro claim.• way 4, 2024 Nai twna Ealren Fireji&ers 94emondSerwe Day In '44rginia Beads, I cad upon all citizens of'Virginia Beach and upon all patriotic, civic, and educational organizations to observe the day of%ay 4, 2024, in recognition of the patriotic service and dedicated efforts of our fire and emergency services personnel6y CoweringAmencan flags on aQ'6uildngs to half-staff. In `Gtih= 'Wrerwf, I have hereunto set my hand and caused the Official Seal of the City of'Virginia Beach, Virginia, to be aff red this Si#eenth Day ofAprg Two rAousand and Twenty-Four. cR96ert 9K. 'Bo66y'(Dyer atayor 1. PUBLIC HEARING 1. POLLING PLACE CHANGE FOR JUKE AND NOVEMBER 2024 ELECTIONS Central Absentee Precinct to Building 23 within the Municipal Center t Sy PUBLIC HEARING PROPOSED ORDINANCE TO CHANGE THE CENTRAL ABSENTEE PRECINCT LOCATION FOR THE JUNE AND NOVEMBER ELECTIONS The City Council of Virginia Beach, Virginia at its 6 pm formal session on April 16,2024,will conduct a public hearing upon an ordinance to change the Central Absentee Precinct location for the June Primary and November General Elections. If adopted, the Central Absentee Precinct will be located at Building 23 within the Municipal Center. A copy of the aforesaid ordinance may be inspected in the Voter Registrar's Office,which is located at 2449 Princess Anne Road,Municipal Center, Building 14,Virginia Beach, Virginia,23456. If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385- 4303; Hearing impaired, call: TDD only 711(TDD -Telephonic Device for the Deaf). If you wish to make comments virtually during the public hearing, please follow the two-step process provided below: 1. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on April 16, 2024. 2. Download WebEx and view the meeting at: httns://vbgov.webex.com/webli n k/registP.r,/r.H 229A744a '3ae8 6d897bcha6a80aP9 All interested parties are invited to participate. Amanda Barnes,MMC City Clerk Pilot April and April 10,2024 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend Section 10-1 of the City Code to Provide for the Location of the Central Absentee Precinct for the June and November 2024 Elections PUBLIC HEARING: April 16, 2024 MEETING DATE: May 7, 2024 ■ Background: The Virginia Beach Electoral Board voted on March 26, 2024, to keep the Central Absentee Precinct at Building 23 for the remainder of the year. Building 23 is located at 2473 North Landing Road, 23456. The City Council has approved the purchase of a property that will be the future location of the Office of the Voter Registrar. Provided the settlement of that transaction and buildout follow the current schedule, there will be future legislation to move the Office of the Voter Registrar and the Central Absentee Precinct to the new location. ■ Considerations: This location meets requirements of the Americans with Disabilities Act. This change will become effective upon approval by the City Council and the Attorney General's Office. ■ Public Information: As required by Section 24.2-306 of the Code of Virginia, notice of this proposed change will be published in the newspaper once a week for two consecutive weeks. An advertisement will be placed in the newspaper prior to any elections this year. ■ Recommendations: Adopt the proposed change. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Voter Registrar City Manager:fe 1 AN ORDINANCE TO AMEND SECTION 10-1 OF 2 THE CITY CODE TO PROVIDE FOR THE 3 LOCATION OF THE CENTRAL ABSENTEE 4 PRECINCT FOR THE JUNE AND NOVEMBER 2024 5 ELECTIONS 6 7 SECTION AMENDED: § 10-1 8 9 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 10 VIRGINIA: 11 12 1. Section 10-1 of the City Code is hereby amended and reordained to read as 13 follows: 14 15 Sec. 10-1. Establishment of precincts and polling places. 16 17 There are hereby established in the city the following precincts and their respective 18 polling places, as set forth below: 19 20 Precinct Polling Place 21 0001 Galilee Episcopal Church 22 3928 Pacific Avenue 23451 23 0002 Museum of Contemporary Art 24 2200 Parks Avenue 23451 25 0003 Ocean Lakes Elementary 26 1616 Upton Drive 23454 27 0004 Virginia Beach Community Chapel 28 1261 Laskin Road 23451 29 0005 Mount Olive Baptist Church 30 310 N. Birdneck Road 23451 31 0006 Alanton Elementary School 32 1441 Stephens Road 23454 33 0007 King's Grant Presbyterian Church 34 745 Little Neck Road 23452 35 0008 London Bridge Baptist Church 36 2460 Potters Road 23454 37 0009 Trantwood Elementary School 38 2344 Inlynnview Road 23454 39 0010 All Saints' Episcopal Church 40 1969 Woodside Lane 23454 41 0011 Edgar Cayce's Association for Research 42 and Enlightenment 43 215 67th Street 23451 44 0012 Lynnhaven Elementary School 45 210 Dillon Drive 23452 46 0013 Windsor Woods Elementary School 47 233 Presidential Boulevard 23452 48 0014 Malibu Elementary School 49 3632 Edinburgh Drive 23452 50 0015 Calvary Baptist Church 51 4832 Haygood Road 23455 52 0016 Bayside Sixth Grade Campus 53 4722 Jericho Road 23462 54 0017 The Louis R. Jones Bayside Recreation Center 55 4500 First Court Road 23455 56 0018 Independence Middle School 57 1370 Dunstan Lane 23455 58 0019 Bayside Church of Christ 59 5025 Shell Road 23455 60 0020 Bayside Elementary School 61 5649 Bayside Road 23455 62 0021 Bettie F. Williams Elementary School 63 892 Newtown Road 23462 64 0022 Point O' View Elementary School 65 5400 Parliament Drive 23462 66 0023 Arrowhead Elementary School 67 5549 Susquehanna Drive 23462 68 0024 St. Andrews United Methodist Church 69 717 Tucson Road 23462 70 0025 Fairfield Elementary School 71 5428 Providence Rd. 23464 72 0026 Kempsville Presbyterian Church 73 805 Kempsville Road 23464 74 0027 Kempsville Middle School 75 860 Churchill Drive 23464 76 0028 Thalia Elementary School 77 421 Thalia Road 23452 78 0029 Holland Elementary School 79 3340 Holland Road 23452 80 0030 Seatack Elementary School 81 912 S. Birdneck Road 23451 82 0031 Red Mill Elementary School 83 1860 Sandbridge Road 23456 84 0032 Oak Grove Baptist Church 85 691 Princess Anne Road 23457 86 0033 Back Bay Christian Assembly 87 1212 Princess Anne Road 23457 88 0034 Blackwater Fire Station 89 6009 Blackwater Road 23457 90 0035 Kellam High School 91 2665 West Neck Road 23456 92 0036 Red Church Steeple 93 245 S. Rosemont Rd 23452 94 0037 Bayside Baptist Church 95 1920 Pleasure House Road 23455 96 0038 Bayside Presbyterian Church 97 1400 Ewell Road 23455 98 0039 Pembroke Elementary School 99 4622 Jericho Road 23462 100 0040 Union Baptist Church 101 4608 South Boulevard 23452 102 0041 College Park Elementary School 103 1110 Bennington Road 23464 104 0042 Brandon Middle School 105 1700 Pope Street 23464 106 0043 Salem Middle School 107 2380 Lynnhaven Parkway 23464 108 0044 Centerville Elementary School 109 2201 Centerville Turnpike 23464 110 0045 White Oaks Elementary School 111 960 Windsor Oaks Boulevard 23462 112 0046 Green Run Elementary School 113 1200 Green Garden Circle 23453 114 0047 King's Grant Elementary School 115 612 N Lynnhaven Road 23452 116 0048 WAVE Church 117 1000 N. Great Neck Road 23454 118 0049 John B. Dey Elementary School 119 1900 N. Great Neck Rd. 23454 120 0050 The Gathering at Scott Memorial 121 United Methodist Church 122 409 First Colonial Road 23454 123 0051 Kempsville Area Library 124 832 Kempsville Road 23464 125 0052 Providence Presbyterian Church 126 5497 Providence Road 23464 127 0053 Kempsville Elementary School 128 570 Kempsville Road 23464 129 0054 Landstown High School 130 2001 Concert Drive 23456 131 0055 Virginia Beach Moose Family Center 132 3133 Shipps Corner Road 23453 133 0056 St. Aidan's Episcopal Church 134 3201 Edinburgh Drive 23452 135 0057 St. Matthew Catholic Church 136 3314 Sandra Lane 23464 137 0058 Glenwood Elementary School 138 2213 Round Hill Drive 23464 139 0059 Shelton Park Elementary School 140 1700 Shelton Road 23455 141 0060 WAVE Church 142 2655 Seaboard Road 23456 143 0061 Ebenezer Baptist Church 144 965 Baker Road 23455 145 0062 Restoration Church at Landstown 146 3220 Monet Drive 23453 147 0063 Ocean Lakes High School 148 885 Schumann Drive 23454 149 0064 Rosemont Forest Elementary School 150 1716 Grey Friars Chase 23456 151 0065 Colonial Baptist Church 152 2221 Centerville Turnpike 23464 153 0066 Princess Anne Recreation Center 154 1400 Nimmo Parkway 23456 155 0067 Eastern Shore Chapel 156 2020 Laskin Road 23454 157 0068 Providence Elementary School 158 4968 Providence Road 23464 159 0069 Unity Church of Tidewater 160 5580 Shell Road 23455 161 0070 Corporate Landing Middle School 162 1597 Corporate Landing Parkway 23454 163 0071 Salem High School 164 1993 Sun Devil Drive 23464 165 0072 W. T. Cooke Elementary School 166 1501 Mediterranean Avenue 23451 167 0073 Green Run High School 168 1700 Dahlia Drive 23453 169 0074 Rosemont Elementary School 170 1257 Rosemont Rd. 23453 171 0075 Lynnhaven Colony Congregational Church 172 2217 W. Great Neck Road 23451 173 0076 Thalia Lynn Baptist Church 174 4392 Virginia Beach Boulevard 23462 175 0077 Plaza Annex 176 641 Carriage Hill Rd 23452 177 0078 Indian Lakes Elementary School 178 1240 Homestead Drive 23464 179 0079 Emmanuel Episcopal Church 180 5181 Singleton Way 23462 181 0080 Kingdom Cathedral 182 3820 Stoneshore Road 23452 183 0081 Salem Elementary School 184 3961 Salem Lakes Boulevard 23456 185 0082 Christopher Farms Elementary School 186 2828 Pleasant Acres Drive 23453 187 0083 Strawbridge Elementary School 188 2553 Strawbridge Road 23456 189 0084 Tallwood Elementary School 190 2025 Kempsville Road 23464 191 0085 Three Oaks Elementary School 192 2201 Elson Green Avenue 23456 193 0086 Haygood United Methodist Church 194 4713 Haygood Road 23455 195 0087 New Castle Elementary School 196 4136 Dam Neck Road 23456 197 0088 Hope Haven 198 3000 North Landing Road 23456 199 0089 New Covenant Presbyterian Church 200 1552 Kempsville Road 23464 201 0090 Morning Star Baptist Church 202 4780 First Court Road 23455 203 0091 Larkspur Middle School 204 4696 Princess Anne Road 23462 205 0092 Lynnhaven United Methodist Church 206 1033 Little Neck Road 23452 207 0093 Enoch Baptist Church Family Life Center 208 5685 Herbert Moore Road 23462 209 0094 Plaza Middle School 210 3080 S. Lynnhaven Road 23452 211 0095 Corporate Landing Elementary School 212 1590 Corporate Landing Parkway 23454 213 0096 Freedom Fellowship 214 836 Regency Drive 23454 215 0097 San Lorenzo Spiritual Center 216 4556 Indian River Rd. 23456 217 0098 Windsor Oaks Elementary School 218 3800 Van Buren Drive 23452 219 0099 Parkway Elementary School 220 4180 O'Hare Drive 23456 221 0100 Tabernacle United Methodist Church 222 1265 Sandbridge Rd. 23456 223 0101 Luxford Elementary School 224 4808 Haygood Road 23455 225 0102 Diamond Springs Elementary School 226 5225 Learning Circle 23462 227 0103 Kempsville Meadows Elementary School 228 736 Edwin Drive 23462 229 0104 Woodstock Elementary School 230 6016 Providence Road 23464 231 0105 Pembroke Meadows Elementary School 232 820 Cathedral Drive 23455 233 0106 Thalia United Methodist Church 234 4321 Virginia Beach Boulevard 23452 235 0107 Linkhorn Park Elementary School 236 977 First Colonial Road 23454 237 0108 The Gala 417 238 2105 W. Great Neck Road 23451 239 Central Absentee Voter Agriculture/Voter Registrar Building 240 Precinct 241 242 Notwithstanding the preceding, for the June 2024 primary and November 2024 2023 243 election , the Central Absentee Voter Precinct will be 244 located at Building 23 within the Municipal Center, which has a street address of 2473 245 North Landing Road. The Building 14 location, which is also known as the 246 Agriculture/Voter Registrar Building, shall remain open to the public during the customary 247 hours required for an office of the voter registrar on the date of an election. 248 249 2. The Voter Registrar and the City Attorney are hereby directed to seek a 250 certification of no objection from the Office of the Attorney General using the 251 preclearance procedure provided by Virginia Code § 24.2-129(D) for the precinct 252 change authorized herein. The precinct change shall not be administered unless 253 and until the Attorney General has provided such certification or if 60 days lapses 254 without the Attorney General interposing an objection. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2024. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Voter Registrar orn s Office CA16474 R-1 April 2, 2024 J. FORMAL SESSION AGENDA 1. CONSENT AGENDA K. ORDINANCES/RESOLUTIONS 1. Ordinance to AMEND City Code Section 21-230 re traffic calming 2. Resolution to APPROVE the 2024 Plan of Financing with the Virginia Beach Development Authority (VBDA) not to EXCEED $168.5-Million, APPROVE certain documents prepared in connection with such financing and AUTHORIZE the execution and delivery of same 3. Resolution to PROVIDE for the issuance and sale of General Obligation Public Improvement Bonds,in the maximum amount of$276-Million and PROVIDE for the form,details and payment thereof re authorized public improvements 4. Resolution to GRANT a permit to Hospital to Home LLC re ambulance services 5. Ordinance to ADOPT the 2024 Housing Choice Voucher Annual Agency Plan and Revised Administrative Plan and AUTHORIZE the City Manager to EXECUTE and SUBMIT the Plans to the U.S. Department of Housing and Urban Development(HUD) 6. Resolution to AUTHORIZE and DIRECT the City Manager to EXECUTE a Settlement Agreement with the United States of American under the Americans with Disabilities Act 7. Ordinance to AUTHORIZE acquisition of 1.301f acres of property at 2425 George Mason Drive from Enterprise Investors, LLC re Building 24 8. Ordinance to EXTEND the date for satisfying the conditions re closing a 15-foot portion of an unimproved, unnamed alley adjacent to 650 South Atlantic Avenue and Lot 22 in Block 20 of Croatan Beach 9. Resolution to APPROVE an Extension of the Town Center Option Agreement and RECOMMEND that the Virginia Beach Development Authority (VBDA) APPROVE the Extension 10. Ordinance to AUTHORIZE temporary encroachments into a portion of City-owned property known as Sandbridge Shores Bass Inlet (a/k/a Mill Pond) and into a 5' City-owned drainage and utility easement at the rear of 2945 Sand Bend Road re maintain an existing frame shed, timber pier,timber bulkhead,concrete boat ramp,and construct and maintain an aluminum boat lift with timber piles DISTRICT 2 11. Ordinance to ACCEPT and APPROPRIATE$7,940 from the Virginia Department of Behavioral Health and Developmental Services to FY2023-24 Human Services Operating Budget re Prevention Services Program 12. Ordinance to TRANSFER up to $800,000 from Vacancy Savings in the General Fund to Emergency Medical Services and AUTHORIZE 2 full-time employees re establishment and administration of the municipal pharmaceutical program for EMS, Fire and rescue squad staff and members 13. CITY OF VIRGINIA BEACH for a Certificate of Appropriateness re appeal of Historical Review Board Decision on application to modify #21-20 to temporarily alter window openings (APPROVED) and remove natural slate roof and replace with synthetic slate (DENIED) at 2403 Courthouse Drive DISTRICT 2 .ru ' i� f si c4' .J l4�JJ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend City Code Section 21-230 Pertaining to Traffic Calming MEETING DATE: April 16, 2024 ■ Background: In 2001, the City Council enacted a traffic calming program to deter speeding on specifically designated residential streets. Unlike a routine speeding citation, a citation for speeding on one of the designated streets is punishable by a fine of $200. ■ Considerations: The Traffic Calming Program has several phases. Phase I consists of awareness and education, and generally takes place during discussions between Traffic Engineering and the neighborhood representative. In this phase, the neighborhood residents identify the streets they want evaluated for inclusion in the program. Phase II involves speed studies of the identified streets. If the studies show an 85-percentile speed of at least 33 mph or, an average speed of at least 29 mph in a posted 25 mph speed zone, then the Police Department will conduct a series of selective enforcement initiatives, followed by traffic studies at the end of each enforcement cycle. Should speeding persist or increase, the streets will be eligible to enter Phase III of the program if at least 75% of the affected neighborhood residents in the identified area sign a petition requesting the implementation of Phase III. Phase III of the program involves posting of Council-designated streets with signs warning drivers that speeding in this area could result in a $200 fine. The following street has qualified for inclusion in the Traffic Calming Program and will be added to the program upon adoption of this ordinance: • Pinewood Road between the Little Neck Creek Culvert to Holladay Point. ■ Public Information: This ordinance will be advertised in the same manner as other Council agenda items. ■ Attachments: Ordinance and maps. Recommended Action: Approval Submitting Department/Agency: Public Works/Engineering City Manager: fW 1 AN ORDINANCE TO AMEND SECTION 21-230 2 OF THE CITY CODE PERTAINING TO 3 TRAFFIC CALMING 4 5 SECTION AMENDED: § 21-230 6 7 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 9 VIRGINIA: 10 11 That Section 21-230 of the Code of the City of Virginia Beach, Virginia, is hereby 12 amended and reordained to read as follows: 13 14 Sec. 21-230. Traffic calming via maximum speed limits in certain residential 15 districts; penalty. 16 Pursuant to § 46.2-878.2 of the Code of Virginia, any person who operates a motor 17 vehicle in excess of the maximum speed limit established for any portion of the following 18 highways located within the designated neighborhoods, on or after the effective date, 19 shall be guilty of a traffic infraction punishable by a prepayable fine of two hundred dollars 20 ($200.00), in addition to other penalties provided by law. No portion of the fine shall be 21 suspended unless the court orders twenty(20) hours of community service. 22 (1) L &J Garden: Norwich Avenue;Tajo Avenue; Fairlawn Avenue; Dulcle Avenue. 23 (2) Acredale: Andover Road; Langston Road; Bonneydale Road; Olive Road, Alton 24 Road; Old Kempsville Road. 25 (3) Lake Shores: Jack Frost Road; Lake Shores Road. 26 (4) Little Neck: Harris Road. 27 (5) Lake Shores: Oak Leaf lane,Tern Road; Lake Road S; Regina Lane; Meredith 28 Road, School Road, Mosby Road, Frizzel Drive; Finn Road; Charla Lee Lane; 29 Smith Farm Road. 30 (6) Brighton on the Bay: Templeton Lane; Wivenhoe Way; Starr Way. 31 (7) Baylake Pines/Baylake Beach: Ben Gunn Road; Indian Hill Road; Baylake Road; 32 Rampart Avenue; Bayville Road; Lookout Road; Sandy Bay Drive. 33 (8) Country Haven: Stewart Drive. 34 (9) Fairfield: Lord Dunmore Drive. 35 (10)Bellamy Manor: Homestead Drive. 36 (11)Church Point: Church Point Road; Church Point Place; Timber Ridge Drive. 37 (12)Stratford Chase: Stratford Chase Drive; Minden Road; Violet Bank; Kittery Drive. 38 (13)Bayville Park: Greenwell Road (From Shore Drive to First Court Road). 39 (14)Milburn Manor: Davis Street. 40 (15)Lake James. Lake James Drive. 41 (16)Larkspur: Edwin Drive from Princess Anne Road to Independence Blvd. 42 Effective as of April 6, 2004: 43 (1) Croatan: Croatan Road. 44 (2) Birdneck Point: Cardinal Road. 45 Effective as of April 5, 2005: 46 (1) Thoroughgood: Thoroughgood Drive. 47 (2) Hermitage Road. 48 Effective as of September 12, 2006. 49 (1) Kings Grant: Oxford Drive. 50 Effective as of January 27, 2009: 51 (1) Baycliff: Baycliff Drive between Mill Dam Road and Stephens Road. 52 (2) Lakeview Park: Cullen Road between Shell Road and Lakeside Road. 53 Effective as of August 10, 2010: 54 (1) Bellamy Plantation: Grey Friars Chase between Lynnhaven Parkway and the 55 1900 block of Grey Friars Chase. 56 Effective as of September 5, 2018. 57 (1) Mediterranean Avenue between Virginia Beach Boulevard and Norfolk Avenue. 58 Effective as of November 12, 2019: 59 (1) Aragon: Sullivan Boulevard between Aragona Boulevard to Haygood Road. 60 (2) Red Mill: Red Mill Boulevard between General Booth Boulevard to Warner Hall 61 Drive. 62 Effective as of November 17, 2020: 63 (1) Kings Grant: Kings Grant Road between Little Neck Road and Edinburgh Drive. 64 Effective as of October 4, 2022: 65 (1) Bay Island: Broad Bay Road. 66 67 Effective as of April 16. 2024: 68 lD Linkhom Park: Pinewood Road between_ the Little_Neck Greek Culvert to 69 Holladay Point. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of _ _ , 2024. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Police Department City A s Offioe APPROVED AS TO CONTENT: Public Work CA16477 R-1 April 1, 2024 i Neighborhoods Participating N In Phase III Of The Traffic Calming Program, w ' E Ordinance 2619 a Ba yaake Pines Baylake Beach lake Shores / Broad BayR� alloee ' 8ayvllle Park at`A Church Polnt - Thoroughgood p, Baycliff Pinemod Rd. p ate•Nap• Kings Grant I Birdneck Point L&J Gardens Oxford Drive Kings Grant/ ' - Little Neck to Edinburgh Milburn Manor ao Mediterranean Ave rar. 5. FalrField Larkspur na7A a+ Crostan • }r Stratford y F Chase Bellamy Manor 49 Y Lake James - 8 L,. 'w NaCK so - Acredale 8 Red Mal Country Haven 4% � rim g 8 x"GDD'AojimN n iTn Gknlry\Tr f GYNre pwnin,mKd o3i r lIiGINGRING t if 0 � 0 0 RN O 0 0 PINEWOOD:RD 13 / o Oo � o ❑ N O LOCATION MAP a TRAFFIC CALMING j PINEWOOD ROAD Feet 0 205 410 820 'repared by P.W./Ena./Enq.Support Services Bureau 0312912024 �y v CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Resolution Approving the 2024 Plan of Financing with the City of Virginia Beach Development Authority not to Exceed $168.5 Million, Approving Certain Documents Prepared in Connection with Such Financing and Authorizing the Execution and Delivery of the Same MEETING DATE: April 16, 2024 ■ Background: The City Council through the Capital Improvement Program (CIP) previously authorized the financing of various public facilities with the utilization of Public Facility Revenue Bonds(PFRB)through the City of Virginia Beach Development Authority (VBDA). On twelve occasions—2002, 2003, 2005, 2007, 2010, 2012, 2013, 2014, 2015, 2016, 2018, and 2020—the VBDA has issued bonds for projects such as the Convention Center, the Sandler Center, Town Center Garages, Aquarium Parking, the Virginia Beach Sports Center, and various other City and Schools capital projects. This request includes both "new-money" (including a taxable bond series and a tax-exempt bond series) and a current refunding. Following IRS regulations, the "new-money" bond proceeds will reimburse previous expenditures for City and Schools authorized projects in the CIP and may include future expenditures for City and Schools capital projects in the CIP under construction for which the City Council previously appropriated funding. The eleven new- money projects totaling $166 million are listed in Exhibit B of the Draft Eleventh Supplemental Support Agreement, an attachment to this Item. These amounts are subject to change but will not exceed $168.5 million. In addition to the "new-money" sale, the Department of Finance and the City's financial advisor recommend that the City issue refunding bonds. The current interest rate environment allows the possibility of refunding portions of the tax exempt 2012A, 2013A, and 2014A PFRBs totaling $38.1 million and issuing refunding bonds at a significant debt service savings; the minimum threshold is 3.0% for savings on interest payments. The exact amount and coupons of the issue to be refunded will be determined at a time closer to the sale date. ■ Considerations: The VBDA will be asked to approve a resolution authorizing the issuance and sale of this debt upon the Council's approval of the attached resolution. As with the previous series, the 2024 series will be issued under the Master Agreement of Trust with a Twelfth Supplemental Agreement. Under the plan of financing, an Eleventh Supplemental Support Agreement between VBDA and the City will outline the City's annual payments to VBDA in amounts sufficient to pay the debt service on the bonds. The new-money bonds and refunding bonds will be sold electronically by competitive bid, with the actions of the City Manager being conclusive; provided, the 2024 Series Bonds shall have a true interest cost not to exceed 5.0% for the tax-exempt bonds and 7.0% for the taxable bonds with respect to the new money bonds and 5.0% with respect to the tax- exempt refunding bonds. The final terms of the bond sale will be reported to the City Council shortly after pricing. ■ Public Information: Normal Council agenda process. This transaction was briefed to the City Council at its March 26 Workshop Session. ■ Recommendation: Adopt the attached resolution. ■ Attachments: Resolution; Draft of Twelfth Supplemental Trust Agreement; and Draft of Eleventh Supplemental Support Agreement with Project List Recommended Action: Approval Submitting Department/Agency: Finance Department City Manager: RESOLUTION APPROVING A PLAN OF FINANCING WITH THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY, APPROVING CERTAIN DOCUMENTS PREPARED IN CONNECTION WITH SUCH FINANCING AND AUTHORIZING THE EXECUTION AND DELIVERY OF THE SAME WHEREAS, the City of Virginia Beach, Virginia (the "City") desires to undertake, in connection with the City of Virginia Beach Development Authority (the "Authority"), the financing from time to time of projects for the acquisition, construction, renewal, upgrade, replacement and other improvements for various public facilities and equipment, including projects for public buildings and structures; public school facilities; public streets and roads and related infrastructure; computer and information technology systems; energy management and heating ventilation and cooling systems; communications systems and related hardware and software; public parks and other recreational facilities; and funding for strategic growth area and economic development programs (collectively,the "2024 Projects"); and WHEREAS, the City further desires to achieve debt service savings by refinancing certain of the public facility revenue bonds and refunding revenue bonds (the "Prior Bonds") previously issued by the Authority on behalf of the City to finance or refinance various public facilities; and WHEREAS, the Authority,pursuant to Chapter 643 of the Virginia Acts of Assembly of 1964, as amended (the "Act"), under which it is created, is authorized to acquire, improve, maintain, equip, own, lease and dispose of"Authority facilities," as defined in the act, to finance or refinance such facilities, to issue its revenue bonds, notes and other obligations from time to time for such purposes and to pledge all or any part of its assets, whether then owned or thereafter acquired, as security for the payment of the principal of and interest on any such obligations; and WHEREAS, in furtherance of the purposes of the Act, the City requests the Authority's assistance through the issuance of its Public Facility Revenue Bonds in the maximum principal amount of $168,500,000 (the "Series 2024 Project Bonds") and its Public Facility Refunding Revenue Bonds (the "Series 2024 Refunding Bonds") in the maximum principal amount necessary to pay the principal of, premium if any, interest on and related issuance cost of any Prior Bonds to be refunded, to finance the 2024 Projects and refund selected Prior Bonds and in paying costs of issuing the Series 2024 Project Bonds and Series 2024 Refunding Bonds (together the"Series 2024 Bonds); and WHEREAS, there have been provided or made available to City Council of the City(the "City Council") drafts of the following documents (the "Documents"), proposed in connection with the undertaking of the 2024 Projects, the refunding of the Prior Bonds and the issuance and sale of the Series 2024 Bonds, which Documents will be provided to the Authority in connection with the approval requested of the Authority: (a) Twelfth Supplemental Agreement of Trust draft, to be dated the first day of the month of its execution and delivery (the "Twelfth Supplemental Agreement"), supplementing the Agreement of Trust dated as of September 1, 2003, as 4868-4935-6977.2 previously supplemented, including the form of the Series 2024 Bonds (collectively, the "Trust Agreement"), all between the Authority and U.S. Bank Trust Company, National Association (successor to Wachovia Bank, National Association), as successor trustee (the "Trustee"), pursuant to which the Series 2024 Bonds are to be issued and which is to be acknowledged and consented to by the City; (b) Eleventh Supplemental Support Agreement draft, to be dated the first day of the month of its execution and delivery, supplementing and amending the Support Agreement dated as of September 1, 2003, as previously supplemented and amended (the "Support Agreement"), all between the Authority and the City pursuant to which the City will make annual payments to the Authority in amounts sufficient to pay the principal of and interest on the Series 2024 Bonds; (c) Preliminary Official Statement draft of the Authority, to be dated the date of its public distribution, relating to the public offering of the Series 2024 Bonds (the Preliminary Official Statement"); and (d) Continuing Disclosure Agreement draft, to be dated the first day of the month of its execution and delivery, the form of which is appended to the Preliminary Official Statement, pursuant to which the City agrees to undertake certain continuing disclosure obligations with respect to the Series 2024 Bonds; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH,VIRGINIA: 1. The following plan for financing the 2024 Projects and refunding the Prior Bonds is hereby approved. (a) The Authority will issue the Series 2024 Project Bonds in a maximum aggregate principal amount not to exceed $168,500,000. The Authority will issue the Series 2024 Refunding Bonds in in the maximum principal amount necessary to pay the principal of, premium if any, and interest on any Prior Bonds to be refunded plus issuance costs and expense related to any such refunding. The Authority will use the proceeds of the Series 2024 Bonds to finance the costs of the 2024 Projects and proceeds of the Series 2024 Refunding Bonds to refund the Prior Bonds selected for refunding, all within the limitations set forth in paragraph (b) and Section 4 below, and at the election of the City Manager to pay all or a portion of the costs of issuance of the Series 2024 Bonds. Pursuant to the Support Agreement, the City will make Annual Payments and Additional Payments (as each is defined in the Support Agreement) to the Authority in amounts sufficient to amortize the Series 2024 Bonds and to pay the fees or expenses of the Authority and the Trustee. The obligation of the Authority to pay principal of and premium, if any, and interest on the Series 2024 Bonds will be limited to Annual Payments and Additional Payments received from the City. The Series 2024 Bonds will be secured by an assignment of the Annual Payments and certain Additional Payments due under the Support Agreement, all for the benefit of the holders of the Series 2024 Bonds. The undertaking by the City to make Annual Payments and Additional Payments will be subject to the City Council making annual appropriations in amount sufficient for such purposes. The plan of financing for 2 48684935-6977.2 the 2024 Projects shall contain such additional requirements and provisions as may be approved by the City. (b) In connection with the refunding of the Prior Bonds, the City Manager is authorized and directed to select the principal maturities of the Prior Bonds or portions of such maturities to be refunded and, working with the Authority, to cause to be called for optional redemption any such maturity or portion thereof to be redeemed prior to its stated maturity in accordance with the provisions of such bonds; provided such maturities or portions thereof selected are expected in the aggregate to provide a minimum savings of 3.0% on a net present value basis as determined by the City's financial advisor, Davenport & Company LLC (the "Financial Advisor"). In connection with the refunding herein authorized, the City Manager, if determined necessary or appropriate in consultation with the Financial Advisor, is authorized to retain the services of independent consultants to provide verification reports (the "Verification Agent") on aspects of the refunding and is further authorized to retain the services of one or more escrow agents (the "Escrow Agent") and to enter into escrow agreements with them to the extent needed to hold portions of the proceeds of the Series 2024 Bonds, defeasance securities purchased with such proceeds and other funds as needed pending their application to refund the Prior Bonds or portions thereof selected to be refunded. 2. The City Council, while recognizing that it is not empowered to make any binding commitment to make appropriations beyond the current fiscal year, hereby states its intent to make annual appropriations in future fiscal years in amounts sufficient to make all payments due under the Support Agreement and hereby recommends that future City Councils do likewise during the term of the Support Agreement. 3. The City Manager is hereby authorized to execute the Documents, which shall be in substantially the forms provided or made available to City Council, which are hereby approved, with such completions, omissions, insertions and changes, including changes to the dates thereof, not inconsistent with this Resolution as may be approved by the City Manager, his execution to constitute conclusive evidence of his approval of any such completions, omissions, insertions and changes. 4. In making completions to the Support Agreement, the City Manager, in collaboration with the Financial Advisor, shall provide for Annual Payments in amounts equivalent to, and at all times sufficient to make, the payments on the Series 2024 Bonds, which shall be sold to the purchaser or purchasers thereof on terms as shall be satisfactory to the City Manager; subject to the following: (a) With respect to the Series 2024 Project Bonds, such bonds (i) shall mature annually in installments through serial maturities or mandatory sinking fund payments beginning no later than February 1, 2026, and ending no later than February 1, 2046, (ii) have a true or "Canadian" interest cost not exceeding (A) 5.00% respecting any such bonds issued as tax- exempt obligations and (B) 7.00% respecting any such bonds issued as taxable obligations (in each case taking into account any original issue discount and premium), (iii) be sold to the purchaser or purchasers thereof at a price not less than 99% of the aggregate principal amount thereof and (iv) shall be subject to optional redemption beginning no later than and continuing 3 4868-4935-6977.2 after February 1, 2035, at an optional redemption price of no more than 102% of the principal amount to be redeemed plus accrued interest to the optional redemption date; and (b) With respect to the Series 2024 Refunding Bonds, such bonds (i) shall mature not later than the end of the fiscal year in which the related series of Prior Bonds being refunded matures, (ii) have a true or "Canadian" interest cost not exceeding 5.00% (taking into account any original issue discount and premium), (iii) be sold to the purchaser or purchasers thereof at a price not less than 99% of the aggregate principal amount thereof and (iv) shall be subject to optional redemption prior to maturity beginning no later than and continuing after February 1, 2035. (c) The City Manager is further authorized to approve the principal amounts, maturity schedules and interest payment dates, including determination of any serial maturities and any term maturities, for the Series 2024 Bonds and, in consultation with the Financial Advisor, to provide for the issuance of the Series 2024 Bonds in one or more series at the same time or at different times as tax-exempt or taxable obligations, with appropriate series designations, as the City Manager determines to be necessary or appropriate and in the best interest of the City. (d) The Series 2024 Bonds may be sold by competitive bid, negotiated sale to one or more underwriters or private placement as the City Manager may determine in consultation with the Financial Advisor. The Series 2024 Bonds may be issued in one or more series in the principal amount determined by the City Manager, in collaboration with the Financial Advisor. In the case of a competitive sale, the City Manager shall receive bids and award the Series 2024 Bonds to the bidder providing the lowest "true" or "Canadian" interest cost, subject to the limitations set forth in the paragraphs above. In the case of a negotiated sale or private placement, the City Manager and the Finance Director, with the consent of the City Manager are each authorized to enter into a purchase contract or agreement for the sale of the Series 2024 Bonds, subject to the limitations set forth in the paragraphs above. Following the sale of the Series 2024 Bonds, the City Manager shall file a certificate with the City Clerk setting forth the final terms of the Series 2024 Bonds. The actions of the City Manager in approving the terms of the Series 2024 Bonds shall be conclusive, and no further action shall be necessary on the part of the City Council. 5. The Preliminary Official Statement in the form provided or made available to City Council is approved with respect to the information contained therein pertaining to the City. The Preliminary Official Statement in form deemed to be "near final," within the meaning of Rule 15c2-12 of the Securities and Exchange Commission (the "Rule"), with such completions, omissions, insertions and changes not inconsistent with this Resolution as may be approved by the City Manager is authorized to be distributed in connection with the marketing and sale of the Series 2024 Bonds. Such distribution shall constitute conclusive evidence that the City has deemed the Preliminary Official Statement to be final as of its date within the meaning of the Rule, with respect to the information therein pertaining to the City. The City Manager is authorized and directed to approve such completions, omissions, insertions and other changes to the Preliminary Official Statement that are necessary to reflect the terms of the sale of the Series 2024 Bonds, within the limitations as set forth in Section 4, and the details thereof and that are appropriate to complete it as an official statement in final form (the "Official Statement") and 4 4868-4935-6977.2 distribution thereof to the purchaser or purchasers of the Series 2024 Bonds shall constitute conclusive evidence that the City has deemed the Official Statement final as of its date within the meaning of the Rule. 6. The City covenants that it shall not take or omit to take any action the taking or omission of which shall cause the Series 2024 Bonds to be "arbitrage bonds" within the meaning of Section 148 of the Internal Revenue Code of 1986, as amended (the "Code), and regulations thereunder, or otherwise cause interest on the Series 2024 Bonds to be includable in the gross income for Federal income tax purposes of the registered owners thereof under existing law. Without limiting the generality of the foregoing, the City shall comply with any provision of law that may require the City at any time to rebate to the Unites States of America any part of the earnings derived from the investment of the gross proceeds of the Series 2024 Bonds. The City shall pay from its legally available general funds any amount required to be rebated to the United States of America pursuant to the Code. 7. To ensure compliance with federal tax law after the Series 2024 Bonds are issued, the City Manager, Director of Finance and other officers of the City are authorized and directed to apply the Post-Issuance Compliance Policies and Procedures adopted by Council on March 13, 2012 to monitor the use of the proceeds of the Series 2024 Bonds, including the use of the projects financed and refinanced with such proceeds, and to monitor compliance with arbitrage yield restriction and rebate requirements, and to ensure compliance with continuing disclosure requirements of federal securities law with respect to the Series 2024 Bonds, such officers are authorized and directed to apply the continuing disclosure procedures contained in such Compliance Policies and Procedures to such Series 2024 Bonds. 8. The Director of Finance is authorized to direct the City Treasurer to utilize the State Non-Arbitrage Program of the Commonwealth of Virginia ("SNAP") in connection with the investment of the proceeds of the Series 2024 Bonds, if the City Manager and the Director of Finance determine that the utilization of SNAP is in the best interest of the City. The City Council acknowledges that the Treasury Board of the Commonwealth of Virginia is not, and shall not be, in any way liable to the City in connection with SNAP, except as otherwise provided in the SNAP Contract. 9. Any authorization herein to execute a document shall include authorization to deliver it to the other parties thereto and to record such document where appropriate. 10. All other acts of the City Manager, the Director of Finance and other officers of the City that are in conformity with the purposes and intent of this Resolution and in furtherance of the issuance and sale of the Series 2024 Bonds, the undertaking of the 2024 Projects and the refinancing of the Prior Bonds are hereby approved and ratified. The City Manager is authorized to prepare, modify or amend such documents and agreements as may be required to evidence the approval of such other actions. 11. The City Manager is authorized and directed to cause a certified copy of this Resolution to be filed with the Authority to evidence the City Council's request for assistance and approval of the plan of financing for the 2024 Projects and refinancing of the Prior Bonds through the issuance by the Authority of the Series 2024 Bonds. 5 4868-4935-6977.2 12. This Resolution shall take effect immediately. CERTIFIED TO BE A TRUE COPY OF A RESOLUTION ADOPTED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA ON April 16, 2024. Clerk, City Council of the City of Virginia Beach, Virginia 7 4868-4935-6977.2 Adopted by the City Council of the City of Virginia Beach,Virginia,this day of April 2024. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Finance Department City Attorney's Office CA 16472 R-1 April 5,2024 8 48684935-69772 CERTIFICATE The undersigned Clerk of the City Council of the City of Virginia Beach, Virginia (the "City Council"), certifies that: 1. A meeting of the City Council was held virtually on April 16, 2024 with Council members participating via video/audio conference, at the time established and noticed by the City Council, at which the members of the City Council were present or absent as noted below. The foregoing Resolution was adopted by a majority of the members of the City Council, by a roll call vote, the ayes and nays being recorded in the minutes of the meeting as shown below: PRESENT/ABSENT: VOTE: Robert M. Dyer, Mayor Rosemary Wilson, Vice Mayor Michael F. Berlucchi Barbara M. Henley David Hutcheson Robert W. Remick Amelia Ross-Hammond Jennifer V. Rouse Joashua F. Schulman Chris Taylor Sabrina D. Wooten / 2. The foregoing Resolution is a true and correct copy of such Resolution as adopted on April 16, 2024. The foregoing Resolution has not been repealed, revoked, rescinded or amended and is in full force and effect on the date hereof. WITNESS my signature and the seal of the City of Virginia Beach, Virginia, this day of 2024. Clerk, City Council of the City of Virginia Beach, Virginia (SEAL) 9 4868-4935-6977.2 TWELFTH SUPPLEMENTAL AGREEMENT OF TRUST Between CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY And U.S. BANK TRUST COMPANY,NATIONAL ASSOCIATION, as successor Trustee Dated as of[June] 1, 2024 4892-7666-4754.1 TABLE OF CONTENTS Parties 1 Recitals 1 Granting Clause 1 ARTICLE I TWELFTH SUPPLEMENTALAGREEMENT Section 1-101. Authorization of Twelfth Supplemental Agreement....................................... 2 Section1-102. Definitions. ......................................................................................................2 Section 1-103. Rules of Construction. ....................................................................................3 ARTICLE II AUTHORIZATION, DETAILS AND FORM OF SERIES 2024 BONDS Section 2-201. Authorization of Series 2024 Bonds.................................................................. 4 Section 2-202. Details of Series 2024 Bonds. ............................................................................4 Section 2-203. Form of Series 2024 Bonds. ...............................................................................5 Section 2-204. Securities Depository Provisions .......................................................................6 Section 2-205. Delivery of Series 2024 Bonds. .........................................................................6 ARTICLE III REDEMPTION OF SERIES 2024 BONDS Section 3-301. Redemption Date and Price. ..............................................................................7 Section 3-302. Selection of Series 2024 Bonds for Redemption. ..............................................7 Section 3-303. Notice of Redemption. .......................................................................................7 ARTICLE IV APPLICATION OF PROCEEDS OF SERIES 2024 BONDS Section 4-401. Application of Proceeds of Series 2024 Bonds. .................................................9 ARTICLE V ESTABLISHMENT OF ACCOUNT Section 5-501. Series 2024A and Series 2024C Project Accounts. ...........................................9 i 4892-7666-4754.1 Section 5-502. Series 2024B Refunding Account. ...................................................................10 Section 5-503. Costs of Issuance Account. ..............................................................................10 ARTICLE VI SECURITY FOR SERIES 2024 BONDS Section 6-601. Security for Series 2024 Bonds. .......................................................................10 ARTICLE VII PRIOR AMENDMENT TO AGREEMENT OF TRUST Section 7-701. Prior Amendment to Agreement of Trust. .......................................................10 ARTICLE VIII MISCELLANEOUS Section 8-801. Limitations on Use of Proceeds........................................................................I I Section 8-802. Limitation of Right. .........................................................................................I I Section 8-803. Severability. .....................................................................................................11 Section 8-804. Successors and Assigns. ...................................................................................12 Section 8-805. Applicable Law. ...............................................................................................12 Section 8-807. Counterparts. ....................................................................................................12 Exhibit A—Form of Series 2024A Bond Exhibit B—Form of Series 2024B Bond Exhibit C—Form of Series 2024C Bond Exhibit D—Previously Issued and Outstanding Public Facility Revenue Bonds Exhibit E— Summary of Refunded Prior Bonds ii 4892-7666-4754.1 This TWELFTH SUPPLEMENTAL AGREEMENT OF TRUST dated as of[June] 1, 2024,by and between the CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY, a political subdivision of the Commonwealth of Virginia (the "Authority"), and U.S. BANK NATIONAL ASSOCIATION (as successor to Wachovia Bank, National Association), a national banking association, having a corporate trust office in Richmond, Virginia, as trustee in such capacity, together with any successor in such capacity, herein called the "Trustee"), provides: WHEREAS, the Authority is a political subdivision of the Commonwealth of Virginia duly created by Chapter 643 of the Virginia Acts of Assembly of 1964, as amended (the "Act"); and WHEREAS, the Authority and the Trustee have entered into an Agreement of Trust dated as of September 1, 2003 (the "Master Agreement of Trust"), pursuant to which the Authority has agreed to issue from time to time, and has issued under supplemental agreements of trust public facility revenue bonds or notes to finance or refinance the costs incurred in connection with certain Projects (as hereinafter defined) for the benefit of the City of Virginia Beach,Virginia(the"City); and WHEREAS, within the limitations of and in compliance with the Master Agreement of Trust, the City has requested the Authority to issue public facility revenue bonds to finance the costs of the Series 2024A Projects and Series 2024C (as such terms are hereinafter defined) and to refund for debt service savings certain of the Authority's Public Facility Revenue [and Refunding Revenue] Bonds, Series which had been previously issued by the Authority on behalf of the City to assist the City in financing [and refinancing] various public facilities; and WHEREAS, the Authority has agreed to issue its Public Facility Revenue Bonds, Series 2024A in the aggregate principal amount of$ , its Public Facility Refunding Revenue Bonds, Series 2024B in the aggregate principal amount of $ and Public Facility Revenue Bonds, Series 2024C (Federally Taxable) in the aggregate principal amount of $ , with each of such Series 2024 Bonds being secured by a pledge of the revenues and receipts derived from a Support Agreement dated as of September 1, 2003, as supplemented and amended in connection with the issuance of each series of Prior Public Facility Revenue Bonds by supplemental support agreements, and with respect to the Series 2024 Bonds by an Eleventh Supplemental Support Agreement dated as of [June] 1, 2024 (collectively, the "Support Agreement"), between the Authority and the City, and the City has agreed, subject to the annual appropriation by the Council of the City, to make annual payments that will be sufficient to pay the principal of and premium, if any, and interest on such public facility revenue bonds as the same shall become due; and WHEREAS,the Authority has taken all necessary action to make the Series 2024 Bonds, when authenticated by the Trustee and issued by the Authority, valid and binding limited obligations of the Authority and to constitute this Twelfth Supplemental Agreement of Trust(the "Twelfth Supplemental Agreement") a valid and binding agreement authorizing and providing for the details of the Series 2024 Bonds; 4892-7666-4754.1 WHEREAS, the Authority at the request of the Trustee desires to amend the Master Agreement of Trust to permit notices, consents, direction, opinions and other communications required or permitted under the terms of the Master Agreement of Trust and any supplement thereto to be provided by electronic means and signed by digital or other electronic means upon which the Trustee may rely, and the Master Agreement of Trust permits such amendment without the consent or approval of the holders of any bonds or notes issued thereunder; NOW THEREFORE, in consideration of the premises and the mutual covenants and agreements hereinafter contained, the parties hereto agree as follows: ARTICLE I TWELFTH SUPPLEMENTALAGREEMENT Section 1-101. Authorization of Twelfth Supplemental Agreement. This Twelfth Supplemental Agreement is authorized and executed by the Authority and delivered to the Trustee pursuant to and in accordance with Articles III and X of the Master Agreement of Trust. All terms, covenants, conditions and agreements of the Master Agreement of Trust shall apply with full force and effect to the Series 2024 Bonds and to the holder thereof, except as otherwise provided in this Twelfth Supplemental Agreement. Section 1-102. Definitions. Except as otherwise defined in this Twelfth Supplemental Agreement, words defined in the Master Agreement of Trust are used in this Twelfth Supplemental Agreement with the meanings assigned to them in the Master Agreement of Trust. In addition, the following words shall have the following meanings unless a different meaning clearly appears from the context: "Twelfth Supplemental Agreement" shall mean this Twelfth Supplemental Agreement of Trust between the Authority and the Trustee, which supplements and amends the Master Agreement of Trust. "Letter of Representations" shall mean the Blanket Letter of Representations dated July 11, 1997, from the Authority to the Securities Depository and any amendments thereto or successor agreements between the Authority and any successor Securities Depository with respect to the Series 2024 Bonds. Notwithstanding any provision of the Master Agreement of Trust, including Article X regarding amendments, the Trustee may enter into any such amendment or successor agreement without the consent of Bondholders. "Prior Public Facility Revenue Bonds" shall mean the currently outstanding public facility revenue bonds previously issued pursuant to the Master Indenture and certain supplements thereto described in Exhibit D. "Project" or"Projects" shall have the meaning set forth in the Support Agreement. 2 4892-7666-4754.1 "Refunded Prior Bonds" means the maturities of the Public Facility Revenue [and Refunding Revenue] Bonds, Series described in Exhibit E to this Twelfth Supplemental Agreement. "Securities Depository" shall mean The Depository Trust Company, a corporation organized and existing under the laws of the State of New York, and any other securities depository for the Series 2024 Bonds appointed pursuant to Section 2-204, and their successors. "Series 2024 Bonds" shall mean the Authority's $ Public Facility Revenue Bonds, Series 2024A, $ Public Facility Refunding Revenue Bonds, Series 2024B and $ Public Facility Revenue Bonds, Series 2024C (Federally Taxable) authorized to be issued pursuant to this Twelfth Supplemental Agreement. "Series 2024A Projects" shall mean have the meaning set forth in the Eleventh Supplemental Support Agreement. "Series 2024A Project Account" shall mean the Series 2024A Project Account established in Section 5-501 of this Twelfth Supplemental Agreement. "Series 2024C Projects" shall mean have the meaning set forth in the Eleventh Supplemental Support Agreement "Series 2024C Project Account" shall mean the Series 2024A Project Account established in Section 5-501 of this Twelfth Supplemental Agreement "Eleventh Supplemental Support Agreement" shall mean the Eleventh Supplemental Support Agreement dated as of[June] 1, 2024 between the City and the Authority. Section 1-103. Rules of Construction. The following rules shall apply to the construction of this Twelfth Supplemental Agreement unless the context otherwise requires: (a) Words importing the singular number shall include the plural number and vice versa. (b) Words importing the redemption or calling for redemption of Series 2024 Bonds shall not be deemed to refer to or connote the payment of Series 2024 Bonds at their stated maturity. (c) Unless otherwise indicated, all references herein to particular Articles or Sections are references to Articles or Sections of this Twelfth Supplemental Agreement. (d) The headings herein and Table of Contents to this Twelfth Supplemental Agreement herein are solely for convenience of reference and shall not constitute a part of this Twelfth Supplemental Agreement nor shall they affect its meaning, construction or effect 3 4892-76664754.1 (e) All references herein to payment of Series 2024 Bonds are references to payment of principal of and interest on the Series 2024 Bonds. ARTICLE II AUTHORIZATION, DETAILS AND FORM OF SERIES 2024 BONDS Section 2-201. Authorization of Series 2024 Bonds. There are hereby authorized to be issued Public Facility Revenue Bonds, Series 2024A in the aggregate principal amount of$ , Public Facility Refunding Revenue Bonds, Series 2024B in the aggregate principal amount of $ , and Public Facility Revenue Bonds, Series 2024C (Federally Taxable) in the aggregate principal amount of$ , the proceeds of which to be applied in accordance with Article IV hereof to finance the costs of the Series 2024A Projects, Series 2024C Projects, refund the Refunded Prior Bonds and pay costs incident to issuing the Series 2024 Bonds. Section 2-202. Details of Series 2024 Bonds. (a) The Series 2024A Bonds shall be designated "Public Facility Revenue Bonds, Series 2024A," shall be the date of their delivery, shall be issuable only as fully registered bonds in denominations of$5,000 and integral multiples thereof and shall be numbered R-1 upward. The Series 2024A Bonds shall bear interest at rates, payable semiannually on each and , beginning , 2024, and shall mature in installments on in years and amounts, as follows: Year Amount Rate Year Amount Rate (b) The Series 2024B Bonds shall be designated "Public Facility Refunding Revenue Bonds, Series 2024B," shall be the date of their delivery, shall be issuable only as fully registered bonds in denominations of $5,000 and integral multiples thereof and shall be numbered R-1 upward. The Series 2024B Bonds shall bear interest at rates, payable semiannually on each and , beginning , 2024, and shall mature in installments on in years and amounts, as follows: 4 4892-7666-4754.1 Year Amount Rate (c) The Series 2024C Bonds shall be designated "Public Facility Revenue Bonds, Series 2024C (Federally Taxable")," shall be the date of their delivery, shall be issuable only as fully registered bonds in denominations of $5,000 and integral multiples thereof and shall be numbered R-1 upward. The Series 2024C Bonds shall bear interest at rates, payable semiannually on each and ,beginning , 2024, and shall mature in installments on in years and amounts, as follows: Year Amount Rate (d) Each Series 2024 Bond shall bear interest (a) from its date, if such Series 2024 Bond is authenticated prior to the first interest payment date, or (b) otherwise from the interest payment date that is, or immediately precedes, the date on which such Series 2024 Bond is authenticated; provided, however, that if at the time of authentication of any Series 2024 Bond interest thereon is in default, such Series 2024 Bond shall bear interest from the date to which interest has been paid. Interest shall be calculated on the basis of a 360-day year of twelve 30- day months. (e) Principal of the Series 2024 Bonds shall be payable to the registered holder(s) upon the surrender of Series 2024 Bonds at the corporate trust office of the Trustee in Richmond, Virginia. Interest on the Series 2024 Bonds shall be payable by check or draft mailed to the registered owners at their addresses as they appear on the registration books kept by the Trustee on the [first day of the month preceding each interest payment date respecting the Series 2024_ Bonds and on the fifteenth day of the month preceding each interest payment date respecting the Series 2024_Bonds]; provided, however, if the Series 2024 Bonds are registered in the name of a Securities Depository or its nominee as registered holder or at the option of a registered holder(s) of at least $1,000,000 of Series 2024 Bonds, payment shall be made by wire transfer pursuant to the wire instructions received by the Trustee from such registered holder(s). If the nominal date for making any payment on the Series 2024 Bonds is not a Business Day, the payment may be made on the next Business Day with the same effect as if made on the nominal date, and no additional interest shall accrue between the nominal date and the actual payment date. Principal and interest shall be payable in lawful money of the United States of America. Section 2-203. Form of Series 2024 Bonds. The Series 2024A Bonds shall be in substantially the form set forth in Exhibit A, the Series 2024B Bonds shall be in substantially the form set forth in Exhibit B and the Series 2024C Bonds shall be in substantially the form set forth in Exhibit C, with such appropriate variations, omissions and insertions as are permitted or required by the Master Agreement of Trust and this Twelfth Supplemental Agreement 5 4892-76664754.1 Section 2-204. Securities Depository Provisions Initially, one certificate for each maturity of each Series of the Series 2024 Bonds will be issued and registered to the Securities Depository, or its nominee. The Authority has entered into a Letter of Representations relating to a book-entry system to be maintained by the Securities Depository with respect to the Series 2024 Bonds. In the event that (a) the securities Depository determines not to continue to act as a securities depository for the Series 2024 Bonds by giving notice to the Trustee and the Authority discharging its responsibilities hereunder or (b) the Authority, at the direction of the City, determines (1) that beneficial owners of Series 2024 Bonds shall be able to obtain certificated Series 2024 Bonds or (2) to select a new Securities Depository, then the Trustee shall, at the direction of the authority, attempt to locate another qualified securities depository to serve as Securities Depository or authenticate and deliver certificated Series 2024 Bonds to the beneficial owners or to the Securities Depository participants on behalf of beneficial owners substantially in the form provided for in Exhibit A, Exhibit B or Exhibit C, as appropriate; provided, however, that such form shall provide for interest on the Series 2024 Bonds to be payable (i) from its dated date if it is authenticated prior to the first interest payment date or (ii) otherwise from the interest payment date that is, or immediately precedes, the date on which it is authenticated (unless payment of interest thereon is in default, in which case interest on such Series 2024 Bonds shall be payable from the date to which interest has been paid). In delivering certificated Series 2024 Bonds,the Trustee shall be entitled to rely conclusively on the records of the Securities Depository as to the beneficial owners or the records of the Securities Depository participants acting on behalf of beneficial owners. Such certificated Series 2024 Bonds will be registerable, transferable and exchangeable as set forth in Section 204 and 205 of the Master Agreement of Trust. So long as there is a Securities Depository for the Series 2024 Bonds (A) it or its nominee shall be the registered holder(s) of the Series 2024 Bonds, (B) notwithstanding anything to the contrary in this Twelfth Supplemental Agreement, determinations of persons entitled to payment of principal and interest, transfers of ownership and exchanges and receipt of notices shall be the responsibility of the Securities Depository and shall be effected pursuant to rules and procedures established by such Securities Depository, (C) the Authority and the Trustee shall not be responsible or liable for maintaining, supervising or reviewing the records maintained by the Securities Depository, its participants or persons acting through such participants, (D) references in this Twelfth Supplemental Agreement to registered holder(s) of the Series 2024 Bonds shall mean such Securities Depository or its nominee and shall not mean the beneficial owners of the Series 2024 Bonds and (E) in the event of any inconsistency between the provisions of this Twelfth Supplemental Agreement, other than those set forth in this paragraph and the preceding paragraph, and the provisions of the Letter of Representations such provisions of the Letter of Representations shall control. Section 2-205. Delivery of Series 2024 Bonds. The Trustee shall authenticate and deliver the Series 2024 Bonds when there have been filed with or delivered to it all items required by Section 303 of the Master Agreement of Trust. 6 4892-7666-4754.1 ARTICLE III REDEMPTION OF SERIES 2024 BONDS Section 3-301. Redemption Date and Price. Optional Redemption. The Series 2024 Bonds may not be called for redemption by the Authority except as follows. (a) The Series 2024A Bonds maturing on or after , 203_may be redeemed by the Authority, at the direction of the City, on or after , 203_, in whole or in part at any time (in increments of $5,000), at a redemption price of 100% of the principal amount, or portion thereof, of Series 2024A Bonds to be redeemed plus interest accrued to the redemption date. (b) The Series 2024B Bonds maturing on or after , 203 may be redeemed by the Authority, at the direction of the City, on or after , 203_, in whole or in part at any time (in increments of$5,000), at a redemption price of 100% of the principal amount, or portion thereof, of Series 2024B Bonds to be redeemed plus interest accrued to the redemption date. (c) The Series 2024C Bonds maturing on or after , 203_may be redeemed by the Authority, at the direction of the City, on or after , 203_, in whole or in part at any time (in increments of$5,000), at a redemption price of 100% of the principal amount, or portion thereof, of Series 2024C Bonds to be redeemed plus interest accrued to the redemption date.. Section 3-302. Selection of Series 2024 Bonds for Redemption. If less than all of the Series 2024 Bonds are called for redemption, the maturities of the Series 2024 Bonds to be redeemed shall by selected by the Authority as directed by the City. If less than all of a particular maturity of the Series 2024 Bonds are called for redemption, the Series 2024 Bonds to be redeemed shall be selected by the Securities Depository or any successor securities depository pursuant to its rules and procedures or, if the book-entry system is discontinued, shall be selected by the Trustee by lot in such manner as the Trustee in its discretion may determine. The portion of any Series 2024 Bond to be redeemed shall be in the principal amount of $5,000 or some multiple thereof. In selecting Series 2024 Bonds for redemption, each Series 2024 Bond shall be considered as representing that number of Series 2024 Bonds which is obtained by dividing the principal amount of such Series 2024 Bonds by $5,000. If a portion of a Series 2024 Bond shall be called for redemption, a new Series 2024 Bond in principal amount equal to the unredeemed portion thereof shall be issued to the registered owner upon the surrender thereof. Section 3-303. Notice of Redemption. The Trustee, upon being satisfied as to the payment of its expenses and upon receiving the notice of redemption from the Authority not less than 45 days prior to the redemption date, shall send notice of the call for redemption, identifying the Series 2024 Bonds or portions thereof to be redeemed, not less than 30 nor more than 60 days prior to the redemption date, (a) by 7 4892-76664754.1 facsimile or electronic transmission, registered or certified mail or overnight express delivery, to DTC, or if DTC is no longer serving as securities depository for the Series 2024 Bonds, to the substitute securities depository, or if no securities depository exists, to the respective holders of each Series 2024 Bond to be redeemed at the holder's address as it appears on the registration books kept by the Trustee, (b)by facsimile or electronic transmission, registered or certified mail or overnight express delivery, to all organizations registered with the Securities and Exchange Commission as securities depositories and (c) to each nationally recognized municipal securities information repository designated as such by the Securities and Exchange Commission. In preparing and delivering such notice, the Trustee shall take into account, to the extent applicable, the prevailing tax-exempt securities industry standards and any regulatory statement of any federal or state administrative board having jurisdiction over the Authority or the tax-exempt securities industry, including Release No. 34-23856 of the Securities and Exchange Commission or any subsequent amending or superseding release. Failure to give any notice specified in (a) above, or any defect therein, shall not affect the validity of any proceedings for the redemption of any Series 2024 Bond with respect to which no such failure or defect has occurred. Failure to give any notice specified in (b) or(c) above, or any defect herein, shall not affect the validity of any proceedings for the redemption of any Series 2024 Bonds with respect to which the notice specified in (a) above is correctly given. Any notice mailed or provided herein shall conclusively be presumed to have been given whether or not actually received by any Series 2024 Bondholder. In the case of an optional redemption, the notice may state that (1) it is conditioned upon the deposit of moneys, in an amount equal to the amount necessary to effect the redemption,with the Trustee no later than the redemption date or(2)the Authority, as directed by the City, retains the right to rescind such notice on or prior to the scheduled redemption date (in either case, a "Conditional Redemption"), and such notice and optional redemption shall be of no effect if such moneys are not so deposited or if the notice is rescinded as described herein. Any Conditional Redemption in (2) above may be rescinded at any time prior to the redemption date if the Authority delivers a written direction to the Trustee directing the Trustee to rescind the redemption notice and any funds deposited with the Trustee in connection with such rescinded redemption shall be returned to the City. The Trustee shall give prompt notice of such rescission to the affected Series 2024 Bondholders. Any Series 2024 Bonds subject to Conditional Redemption where redemption has been rescinded shall remain Outstanding, and the rescission shall not constitute an Event of Default. Further, in the case of Conditional Redemption, the failure of the Authority to make funds available on or before the redemption date shall not constitute an Event of Default, and the Trustee shall give immediate notice to all organizations registered with the Securities and Exchange Commission as securities depositories or the affected Series 2024 Bondholders that the redemption did not occur and that the Series 2024 Bonds called for redemption and not so paid remain outstanding. 8 4892-7666-4754.1 ARTICLE IV APPLICATION OF PROCEEDS OF SERIES 2024 BONDS Section 4-401. Application of Proceeds of Series 2024 Bonds. (a) The proceeds of the Series 2024A Bonds in the amount of$ shall be deposited into the Series 2024A Project Account in the Project Fund, including the good faith deposit ($ previously received by the City from the purchaser of the Series 2024A Bonds. The amount of $ for reimbursement of prior expenditures for Series 2024A Projects, shall be transferred from the Series 2024A Project Account upon receipt by the Trustee to the City in accordance with instructions provided by the City. (b) The proceeds of the Series 2024B Bonds in the amount of$ shall be deposited by the Trustee upon receipt under the Escrow Deposit Agreement for which the Trustee serves as escrow agent to effect the refunding of the Refunded Prior Bonds. (c) The proceeds of the Series 2024C Bonds in the amount of $ shall be deposited into the Series 2024C Project Account in the Project Fund, including the good faith deposit ($ previously received by the City from the purchaser of the Series 2024C Bonds. [The amount of $ for reimbursement of prior expenditures for Series 2024C Projects, shall be transferred from the Series 2024C Project Account upon receipt by the Trustee to the City in accordance with instructions provided by the City.] (d) [The remaining balance of the Series 2024 Bonds ($ shall be applied by the City to pay issuance costs of the Series 2024 Bonds and any amount remaining after payment of such costs may be used to pay additional Costs of the Series 2024A Projects and Series 2024C Projects.] ARTICLE V ESTABLISHMENT OF ACCOUNT Section 5-501. Series 2024A and Series 2024C Project Accounts. There shall be established within the Project Fund a special account entitled "Series 2024A Project Account" to be funded as specified in Section 4-401(a). Money in the Series 2024A Project Account shall be used in accordance with the provisions of Section 503 of the Master Agreement of Trust to pay or reimburse Series 2024A Project costs. There shall be established within the Project Fund a special account entitled "Series 2024C Project Account" to be funded as specified in Section 4-401(c). Money in the Series 2024C Project Account shall be used in accordance with the provisions of Section 503 of the Master Agreement of Trust to pay or reimburse Series 2024C Project costs. 9 4892-7666-4754.1 Section 5-502. Series 2024B Refunding Account. There shall be established a special account entitled "Series 2024B Refunding Account." The portion of the proceeds of the Series 2024B Bonds specified in Section 4-401(b) shall be deposited by the Trustee under the Escrow Deposit Agreement and accounted for within such refunding account. Section 5-503. Costs of Issuance Account. [There is hereby established in the Project Fund a "Series 2024 Bond Costs of Issuance Account" into which the proceeds of the Series 2024 Bonds in Section 4-401(d) shall be deposited. Subaccounts shall be established therein for each of the Series 2024A, 2024B and 2024C Bonds, Such account will be used as directed in such section to pay issuance costs or applied to pay or reimburse Series 2024A and Series 2024C Project costs.] ARTICLE VI SECURITY FOR SERIES 2024 BONDS Section 6-601. Security for Series 2024 Bonds. The Series 2024 Bonds shall be equally and ratably secured under the Master Agreement of Trust with the Authority's Prior Public Facility Revenue Bonds and any other series of public facility revenue bonds issued pursuant to Article III of the Master Agreement of Trust, without preference, priority or distinction of any Bonds over any other Bonds, except as provided in the Master Agreement of Trust. ARTICLE VII PRIOR AMENDMENT TO AGREEMENT OF TRUST Section 7-701. Prior Amendment to Agreement of Trust. Section 1305 of the Master Trust Agreement was is amended by the Eleventh Supplemental Trust Agreement and Amendment to Agreement of Trust by inserting the following paragraph at the end of such section: "Notwithstanding the first paragraph of this section, the Trustee shall have the right to accept and, as applicable, act upon notices, approvals, consents, requests, opinions, instructions or directions pursuant to this Agreement sent in writing, provided that any communication sent to the Trustee hereunder must be in the form of a document signed manually or by way of a digital signature provided via DocuSign (or such other digital signature provider as specified in writing by an Authorized City Representative or an Authorized Authority Representative), in English (herein "Digital Signatures"), by unsecured e-mail, facsimile transmission, portable data format ("PDF"), or other similar unsecured electronic methods, provided, however, that the sender shall provide to the Trustee an incumbency certificate listing designated persons with the authority to 10 4892-7666-4754.1 provide such instructions and containing specimen signatures of such designated persons, which incumbency certificate shall be amended whenever a person is to be added or deleted from the listing. If a sender elects to give the Trustee e-mail, PDF or facsimile instructions (or instructions by a similar electronic method) and the Trustee in its discretion elects to act upon such instructions, the Trustee's understanding of such instructions shall be deemed controlling. The Trustee shall not be liable for any losses, costs or expenses arising directly or indirectly from the Trustee's reliance upon and compliance with such instructions notwithstanding that such instructions conflict or are inconsistent with a subsequent written instruction. The sender agrees to assume all risks arising out of the use of Digital Signatures and electronic methods to submit communications, instructions and directions to the Trustee, including, without limitation, the risk of the Trustee acting on unauthorized instructions, and the risk of interception and misuse by third parties." ARTICLE VIII MISCELLANEOUS Section 8-801. Limitation on Use of Proceeds. The Authority intends that interest on the Series 2024A Bonds and Series 2024B Bonds shall be excluded from gross income for Federal income tax purposes. The Authority covenants with the holders of the Series 2024A Bonds and Series 2024B Bonds not to take any action that would adversely affect, and to take all action within its power necessary to maintain, the exclusion of interest on all Series 2024A Bonds and Series 2024B Bonds from gross income for Federal income taxation purposes. Section 8-802. Limitation of Right. With the exception of rights herein expressly conferred, nothing expressed or mentioned in or to be implied from this Twelfth Supplemental Agreement or the Series 2024 Bonds is intended or shall be construed to give to any person other than the parties hereto and the holders of Series 2024 Bonds any legal or equitable right, remedy or claim under or in respect to this Twelfth Supplemental Agreement or any covenants, conditions and agreements herein contained since this Twelfth Supplemental Agreement and all of the covenants, conditions and agreements hereof are intended to be and are for the sole and exclusive benefit of the parties hereto and the holders of Bonds as herein provided. Section 8-803. Severability. If any provision of this Twelfth Supplemental Agreement shall be held invalid by any court of competent jurisdiction, such holding shall not invalidate any other provision hereof and this Twelfth Supplemental Agreement shall be construed and enforced as if such illegal provision had not been contained herein. 11 4892-7666-4754.1 Section 8-804. Successors and Assigns. This Twelfth Supplemental Agreement shall be binding upon, inure to the benefit of and be enforceable by the parties and their respective successors and assigns. Section 8-805. Applicable Law. This Twelfth Supplemental Agreement shall be governed by the applicable laws of the Commonwealth of Virginia. Section 8-806. Patriot Act Compliance. To help the government fight the funding of terrorism and money laundering activities, Federal law requires all financial institutions to obtain, verify and record information that identifies each person who opens an account. For a non-individual person such as a business entity, a charity, a Trust or other legal entity the Trustee will ask for documentation to verify its formation and existence as a legal entity. The Trustee may also ask to see financial statements, licenses, identification, and authorization documents from individuals claiming authority to represent the entity or other relevant documentation. Section 8-807. Counterparts. This Twelfth Supplemental Agreement may be executed in several counterparts, each of which shall be an original and all of which together shall constitute but one and the same instrument. 12 4892-76664754.1 IN WITNESS WHEREOF, the Authority and the Trustee have caused this Twelfth Supplemental Agreement to be executed in their respective corporate names as of the date first above written. CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY By: Title: U.S. BANK NATIONAL ASSOCIATION, As Trustee By: Title: Acknowledged and Consented To: CITY OF VIRGINIA BEACH,VIRGINIA, By: Title: 13 4892-7666-4754.1 EXHIBIT A Unless this certificate is presented by an authorized representative of The Depository Trust Company, a New York corporation ("DTC"), to the issuer or its agent for registration of transfer, exchange, or payment, and any certificate is registered in the name of Cede & Co., or in such other name as is requested by an authorized representative of DTC (and any payment is made to Cede & Co. or to such other entity as is requested by an authorized representative of DTC), ANY TRANSFER, PLEDGE, OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL inasmuch as the registered owner hereof, Cede & Co., has an interest herein. REGISTERED REGISTERED R-1 $ UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY Public Facility Revenue Bond, Series 2024A INTEREST RATE MATURITY DATE DATED DATE CUSIP [June] 2024 92774G REGISTERED OWNER: CEDE & CO. PRINCIPAL AMOUNT: DOLLARS The City of Virginia Beach Development Authority, a political subdivision of the Commonwealth of Virginia (the "Authority"), for value received, hereby promises to pay upon surrender hereof at the principal corporate trust office of U.S. Bank Trust Company, National Association (successor to Wachovia Bank, National Association), Richmond, Virginia, as trustee, or its successor in trust (the "Trustee"), under the Agreement of Trust (as hereinafter defined) solely from the source and as hereinafter provided, to the registered owner hereof, or registered assigns or legal representative, the principal sum stated above on the maturity date stated above, subject to prior redemption as hereinafter provided, and to pay, solely from such source, interest hereon on each and , beginning , 2024 at the annual rate stated above, calculated on the basis of a 360-day year of twelve 30-day months. Interest is payable (a) from [June] , 2024, if this bond is authenticated prior to , 2024 or (b) otherwise from the or that is, or immediately precedes, the date on which this bond is authenticated (unless payment of interest hereon is in default, in which case A-1 4892-7666-4754.1 this bond shall bear interest from the day to which interest has been paid). Interest is payable by check or draft mailed to the registered owner hereof at its address as it appears on the first day of the month preceding each interest payment date on registration books kept by the Trustee; provided, however, that at the option of a registered owner of at least $1,000,000 of Series 2024A Bonds (as hereinafter defined), payment will be made by wire transfer pursuant to the most recent wire instructions received by the Trustee from such registered owner. If the nominal date for making any payment on this bond is not a Business Day (as hereinafter defined), the payment may be made on the next Business Day with the same effect as if made on the nominal date, and no additional interest shall accrue between the nominal date and the actual payment date. Principal and interest are payable in lawful money of the United States of America. "Business Day" shall mean a day on which banking business is transacted, but not including a Saturday, Sunday or legal holiday, or any day on which banking institutions are authorized by law to close in the city in the Commonwealth of Virginia in which the Trustee has its principal corporate trust office. Notwithstanding any other provision hereof, this bond is subject to book-entry form maintained by the Depository Trust Company ("DTC"), and the payment of principal and interest, the providing of notices and other matters shall be made as described in the Authority's Letter of Representations to DTC. This bond is one of an issue of $ Public Facility Revenue Bonds, Series 2024A (the "Series 2024A Bonds") authorized and issued pursuant to Chapter 643 of the Virginia Acts of Assembly of 1964, as amended. The Series 2024A Bonds are issued under and secured by an Agreement of Trust dated as of September 1, 2003, between the Authority and the Trustee, as previously supplemented and as further supplemented with respect to the Series 2024A Bonds by a Twelfth Supplemental Agreement of Trust dated as of [June] 1, 2024 (collectively, the "Agreement of Trust"). The Agreement of Trust assigns to the Trustee, as security for the 2024, (a) the revenues and receipts derived from a Support Agreement dated as of September 1, 2003, as supplemented and amended in connection with the issuance of each series of Prior Public Facility Revenue Bonds by supplemental support agreements, and with respect to the Series 2024A Bonds by an Eleventh Supplemental Support Agreement dated as of [June] 1, 2024 (collectively, the "Support Agreement"), each between the Authority and the City of Virginia Beach, Virginia (the "City"), and (b) the Authority's rights under the Support Agreement (except for the Authority's rights under the Support Agreement to the payment of certain fees and expenses and the rights to notices). Reference is hereby made to the Agreement of Trust for a description of the provisions, among others, with respect to the nature and extent of the security, the rights, duties and obligations of the Authority and the Trustee, the rights of the holders of the Series 2024A Bonds and the terms upon which the Series 2024A Bonds are issued and secured. The Series 2024A Bonds are equally and ratably secured on a parity basis with $ in aggregate principal amount of Public Facility Revenue Bonds previously issued by the Authority and $ Public Facility Refunding Revenue Bonds, Series 2024B and $ Public Facility Revenue Bonds, Series 2024C (Federally Taxable) issued on the date hereof(collectively, the "Parity Bonds"). Additional bonds secured by a pledge of revenues and receipts derived from the City under the Support Agreement on a parity with the Series 2024A Bonds and the Parity Bonds may be issued under the terms and conditions set forth in the A-2 4892-7666-4754.1 Agreement of Trust. Terms not otherwise defined herein shall have the meaning assigned such terms in the Agreement of Trust. The Series 2024A Bonds are issued to finance the acquisition, construction and equipping of various capital improvements for the City. Under the Support Agreement, the City has agreed to make payments that will be sufficient to pay the principal of and interest on the Series 2024A Bonds as the same shall become due in accordance with their terms and the provisions and the terms of the Agreement of Trust. The undertaking by the City to make payments under the Support Agreement does not constitute a debt of the City within the meaning of any constitutional or statutory limitation nor a liability of or a lien or charge upon funds or property of the City beyond any fiscal year for which the City has appropriated moneys to make such payments. THE SERIES 2024A BONDS AND THE INTEREST THEREON ARE LIMITED OBLIGATIONS OF THE AUTHORITY PAYABLE SOLELY FROM REVENUES AND RECEIPTS DERIVED FROM THE CITY AND RECEIVED BY THE AUTHORITY UNDER THE SUPPORT AGREEMENT, AND FROM CERTAIN FUNDS, AND THE INVESTMENT INCOME THEREON, HELD UNDER THE AGREEMENT OF TRUST, WHICH REVENUES, RECEIPTS AND FUNDS HAVE BEEN PLEDGED AND ASSIGNED TO SECURE PAYMENT THEREOF. THE SERIES 2024A BONDS AND INTEREST THEREON SHALL NOT BE DEEMED TO CONSTITUTE A GENERAL OBLIGATION DEBT OR A PLEDGE OF THE FAITH AND CREDIT OF THE COMMONWEALTH OF VIRGINIA OR ANY POLITICAL SUBDIVISION THEREOF, INCLUDING THE AUTHORITY AND THE CITY. NEITHER THE COMMONWEALTH OF VIRGINIA NOR ANY POLITICAL SUBDIVISION THEREOF, INCLUDING THE AUTHORITY AND THE CITY, SHALL BE OBLIGATED TO PAY THE PRINCIPAL OF OR INTEREST ON THE BONDS OR OTHER COSTS INCIDENT THERETO EXCEPT FROM THE REVENUES AND RECEIPTS PLEDGED AND ASSIGNED THEREFORE, AND NEITHER THE FAITH AND CREDIT NOR THE TAXING POWER OF THE COMMONWEALTH OF VIRGINIA, OR ANY POLITICAL SUBDIVISION THEREOF, INCLUDING THE AUTHORITY AND THE CITY, IS PLEDGED TO THE PAYMENT OF THE PRINCIPAL OF OR INTEREST ON THE BONDS OR OTHER COSTS INCIDENT THERETO. THE AUTHORITY HAS NO TAXING POWER. No covenant, condition or agreement contained herein shall be deemed to be a covenant, agreement or obligation of any present or future director, officer, employee or agent of the Authority in its individual capacity, and neither the Chairman of the Authority nor any officer thereof executing this bond shall be liable personally on hereon or be subject to any personal liability or accountability by reason of the issuance hereof. The Series 2024A Bonds may not be called for redemption by the Authority except as provided herein and in the Agreement of Trust. Optional Redemption. The Series 2024A Bonds maturing on or after , 203_9 may be redeemed prior to their respective maturities on or after , 203_, at the option of the Authority, at the direction of the City, in whole or in part at any time at a redemption price of 100% of the principal amount, or portion thereof, of Series 2024A Bonds to be redeemed plus interest accrued to the redemption date. A-3 4892-76664754.1 If less than all the Series 2024A Bonds are called for redemption, they shall be redeemed from maturities in such order as determined by the Authority, at the direction of the City. If less than all of the Series 2024A Bonds of any maturity are called for redemption, the Bonds to be redeemed shall be selected by DTC or any successor securities depository pursuant to its rules and procedures or, if the book-entry system is discontinued, shall be selected by the Trustee by lot in such manner as the Trustee in its discretion may determine. The portion of any Series 2024A Bond to be redeemed shall be in the principal amount of$5,000 or some integral multiple thereof. In selecting Series 2024A Bonds for redemption, each Bond shall be considered as representing that number of Series 2024A Bonds which is obtained by dividing the principal amount of such Series 2024A Bond by $5,000. If any of the Series 2024A Bonds or portions thereof are called for redemption, the Trustee shall send notice of the call for redemption, identifying the Series 2024A Bonds or portions thereof to be redeemed, not less than 30 nor more than 60 days prior to the redemption date, by facsimile or electronic transmission, registered or certified mail or overnight express delivery, to the registered owner of the Series 2024A Bonds. Such notice may state that (1) it is conditioned upon the deposit of moneys, in an amount equal to the amount necessary to effect the redemption, with the Trustee no later than the redemption date or(2)the Authority retains the right to rescind such notice on or prior to the scheduled redemption date, and such notice and optional redemption shall be of no effect if such moneys are not so deposited or if the notice is rescinded. Provided funds for their redemption are on deposit at the place of payment on the redemption date, all Series 2024A Bonds or portions thereof so called for redemption shall cease to bear interest on such date, shall no longer be secured by the Agreement of Trust and shall not be deemed to be Outstanding under the provisions of the Agreement of Trust. If a portion of this bond shall be called for redemption, a new bond in principal amount equal to the unredeemed portion hereof will be issued to DTC or its nominee upon surrender hereof, or if the book-entry system is discontinued, to the registered owners of this bond. The registered owner of this bond shall have no right to enforce the provisions of the Agreement of Trust or to institute action to enforce the covenants therein or to take any action with respect to any Event of Default under the Agreement of Trust or to institute, appear in or defend any suit or other proceedings with respect thereto, except as provided in the Agreement of Trust. Modifications or alterations of the Agreement of Trust or the Support Agreement, or of any supplement thereto, may be made only to the extent and in the circumstances permitted by the Agreement of Trust. The Series 2024A Bonds are issuable as registered bonds in the denomination of$5,000 and integral multiples thereof. Upon surrender for transfer or exchange of this bond at the corporate trust office of the Trustee in Richmond, Virginia, together with an assignment duly executed by the registered owner or its duly authorized attorney or legal representative in such form as shall be satisfactory to the Trustee, the Authority shall execute, and the Trustee shall authenticate and deliver in exchange, a new bond or bonds in the manner and subject to the limitations and conditions provided in the Agreement of Trust, having an equal aggregate principal amount, in authorized denominations, of the same series form and maturity, bearing interest at the same rate and registered in the name or names as requested by the then registered A-4 4892-7666-4754.1 owner hereof or its duly authorized attorney or legal representative. Any such exchange shall be at the expense of the Authority, except that the Trustee may charge the person requesting such exchange the amount of any tax or other governmental charge required to be paid with respect thereto. The Trustee shall treat the registered owner as the person exclusively entitled to payment of principal and interest and the exercise of all other rights and powers of the owner, except that interest payments shall be made to the person shown as holder on the first day of the month preceding each interest payment date. All acts conditions and things required to happen, exist or be performed precedent to and in the issuance of this bond have happened, exist and have been performed. This bond shall not become obligatory for any purpose or be entitled to any security or benefit under the Agreement of Trust or be valid until the Trustee shall have executed the Certificate of Authentication appearing hereon and inserted the date of authentication hereon. IN WITNESS WHEREOF, the City of Virginia Beach Development Authority has caused this bond to be signed by the manual or facsimile signature of its Chairman, its seal or a facsimile thereof to be imprinted hereon and attested by the manual or facsimile signature of its Secretary, and this bond to be dated the date first above written. CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY (SEAL) By Chairman Attest: Secretary A-5 4892-7666-4754.1 CERTIFICATE OF AUTHENTICATION Date Authenticated: [June] , 2024 This bond is one of the Series 2024A Bonds described in the within mentioned Agreement of Trust. U.S. BANK TRUST COMPANY,NATIONAL ASSOCIATION, as Trustee By Authorized Officer A-6 4892-7666-4754.1 ASSIGNMENT FOR VALUE RECEIVED the undersigned hereby sell(s), assign(s) and transfer(s) unto (please print or typewrite name and address, including zip code, of Transferee) PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF TRANSFEREE The within Bond and all rights thereunder, hereby irrevocably constituting and appointing , Attorney, to transfer said Bond on the books kept for the registration thereof, with full power of substitution in the premises. Date: Signature Guaranteed NOTICE: Signature(s)must be guaranteed (Signature of Registered Owner) by an Eligible Guarantor Institution such as a Commercial Bank, Trust Company, NOTICE: The signature above must Securities Broker/Dealer, Credit Union, correspond with the name of the or Savings Association who is a member registered owner as it appears on the of a medallion program approved by The front of this bond in every particular, Securities Transfer Association, Inc. without alteration or enlargement or any change whatsoever. A-7 4892-7666-4754.1 EXHIBIT B Unless this certificate is presented by an authorized representative of The Depository Trust Company, a New York corporation ("DTC"), to the issuer or its agent for registration of transfer, exchange, or payment, and any certificate is registered in the name of Cede & Co., or in such other name as is requested by an authorized representative of DTC (and any payment is made to Cede & Co. or to such other entity as is requested by an authorized representative of DTC), ANY TRANSFER, PLEDGE, OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL inasmuch as the registered owner hereof, Cede & Co., has an interest herein. REGISTERED REGISTERED R-1 $ UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY Public Facility Refunding Revenue Bond, Series 2024B INTEREST RATE MATURITY DATE DATED DATE CUSIP , [June] _,2024 92774G REGISTERED OWNER: CEDE & CO. PRINCIPAL AMOUNT: DOLLARS The City of Virginia Beach Development Authority, a political subdivision of the Commonwealth of Virginia (the "Authority"), for value received, hereby promises to pay upon surrender hereof at the principal corporate trust office of U.S. Bank Trust Company, National Association (successor to Wachovia Bank, National Association), Richmond, Virginia, as trustee, or its successor in trust (the "Trustee"), under the Agreement of Trust (as hereinafter defined) solely from the source and as hereinafter provided, to the registered owner hereof, or registered assigns or legal representative, the principal sum stated above on the maturity date stated above, subject to prior redemption as hereinafter provided, and to pay, solely from such source, interest hereon on each and , beginning , 2024 at the annual rate stated above, calculated on the basis of a 360-day year of twelve 30-day months. Interest is payable (a) from [June] _, 2024, if this bond is authenticated prior to , 2024, or (b) otherwise from the or that is, or immediately precedes, the date on which this bond is authenticated (unless payment of interest hereon is in default, in B-1 4892-7666-4754.1 which case this bond shall bear interest from the day to which interest has been paid). Interest is payable by check or draft mailed to the registered owner hereof at its address as it appears on the fifteenth day of the month preceding each interest payment date on registration books kept by the Trustee; provided, however, that at the option of a registered owner of at least $1,000,000 of Series 2024B Bonds (as hereinafter defined), payment will be made by wire transfer pursuant to the most recent wire instructions received by the Trustee from such registered owner. If the nominal date for making any payment on this bond is not a Business Day (as hereinafter defined), the payment may be made on the next Business Day with the same effect as if made on the nominal date, and no additional interest shall accrue between the nominal date and the actual payment date. Principal and interest are payable in lawful money of the United States of America. "Business Day" shall mean a day on which banking business is transacted, but not including a Saturday, Sunday or legal holiday, or any day on which banking institutions are authorized by law to close in the city in the Commonwealth of Virginia in which the Trustee has its principal corporate trust office. Notwithstanding any other provision hereof, this bond is subject to book-entry form maintained by the Depository Trust Company ("DTC"), and the payment of principal and interest, the providing of notices and other matters shall be made as described in the Authority's Letter of Representations to DTC. This bond is one of an issue of$ Public Facility Refunding Revenue Bonds, Series 2024B (the "Series 2024B Bonds") authorized and issued pursuant to Chapter 643 of the Virginia Acts of Assembly of 1964, as amended. The Series 2024B Bonds are issued under and secured by an Agreement of Trust dated as of September 1, 2003, between the Authority and the Trustee, as previously supplemented and as further supplemented with respect to the Series 2024B Bonds by a Twelfth Supplemental Agreement of Trust dated as of [June] 1, 2024 (collectively, the "Agreement of Trust"). The Agreement of Trust assigns to the Trustee, as security for the Series 2024B Bonds, (a) the revenues and receipts derived from a Support Agreement dated as of September 1, 2003, as supplemented and amended in connection with the issuance of each series of Prior Public Facility Revenue Bonds by supplemental support agreements, and with respect to the Series 2024B Bonds by an Eleventh Supplemental Support Agreement dated as of[June] 1, 2024 (collectively, the "Support Agreement"), each between the Authority and the City of Virginia Beach, Virginia (the "City"), and (b)the Authority's rights under the Support Agreement (except for the Authority's rights under the Support Agreement to the payment of certain fees and expenses and the rights to notices). Reference is hereby made to the Agreement of Trust for a description of the provisions, among others, with respect to the nature and extent of the security, the rights, duties and obligations of the Authority and the Trustee, the rights of the holders of the Series 2024B Bonds and the terms upon which the Series 2024B Bonds are issued and secured. The Series 2024B Bonds are equally and ratably secured on a parity basis with $ in aggregate principal amount of Public Facility Revenue Bonds previously issued by the Authority and $ Public Facility Revenue Bonds, Series 2024A and $ Public Facility Revenue Bonds, Series 2024C (Federally Taxavle) issued on the date hereof(collectively, the "Parity Bonds"). Additional bonds secured by a pledge of revenues and receipts derived from the City under the Support Agreement on a parity with the Series 2024B Bonds and the Parity Bonds may be issued under the terms and conditions set forth B-2 4892-7666-4754.1 in the Agreement of Trust. Terms not otherwise defined herein shall have the meaning assigned such terms in the Agreement of Trust. The Series 2024B Bonds are issued to refund certain of the Parity Bonds. Under the Support Agreement, the City has agreed to make payments that will be sufficient to pay the principal of and interest on the Series 2024B Bonds as the same shall become due in accordance with their terms and the provisions and the terms of the Agreement of Trust. The undertaking by the City to make payments under the Support Agreement does not constitute a debt of the City within the meaning of any constitutional or statutory limitation nor a liability of or a lien or charge upon funds or property of the City beyond any fiscal year for which the City has appropriated moneys to make such payments. THE SERIES 2024B BONDS AND THE INTEREST THEREON ARE LIMITED OBLIGATIONS OF THE AUTHORITY PAYABLE SOLELY FROM REVENUES AND RECEIPTS DERIVED FROM THE CITY AND RECEIVED BY THE AUTHORITY UNDER THE SUPPORT AGREEMENT, AND FROM CERTAIN FUNDS, AND THE INVESTMENT INCOME THEREON, HELD UNDER THE AGREEMENT OF TRUST, WHICH REVENUES, RECEIPTS AND FUNDS HAVE BEEN PLEDGED AND ASSIGNED TO SECURE PAYMENT THEREOF. THE SERIES 2024B BONDS AND INTEREST THEREON SHALL NOT BE DEEMED TO CONSTITUTE A GENERAL OBLIGATION DEBT OR A PLEDGE OF THE FAITH AND CREDIT OF THE COMMONWEALTH OF VIRGINIA OR ANY POLITICAL SUBDIVISION THEREOF, INCLUDING THE AUTHORITY AND THE CITY. NEITHER THE COMMONWEALTH OF VIRGINIA NOR ANY POLITICAL SUBDIVISION THEREOF, INCLUDING THE AUTHORITY AND THE CITY, SHALL BE OBLIGATED TO PAY THE PRINCIPAL OF OR INTEREST ON THE SERIES 2024B BONDS OR OTHER COSTS INCIDENT THERETO EXCEPT FROM THE REVENUES AND RECEIPTS PLEDGED AND ASSIGNED THEREFORE, AND NEITHER THE FAITH AND CREDIT NOR THE TAXING POWER OF THE COMMONWEALTH OF VIRGINIA, OR ANY POLITICAL SUBDIVISION THEREOF, INCLUDING THE AUTHORITY AND THE CITY, IS PLEDGED TO THE PAYMENT OF THE PRINCIPAL OF OR INTEREST ON THE SERIES 2024B BONDS OR OTHER COSTS INCIDENT THERETO. THE AUTHORITY HAS NO TAXING POWER. No covenant, condition or agreement contained herein shall be deemed to be a covenant, agreement or obligation of any present or future director, officer, employee or agent of the Authority in its individual capacity, and neither the Chairman of the Authority nor any officer thereof executing this bond shall be liable personally hereon or be subject to any personal liability or accountability by reason of the issuance hereof. The Series 2024B Bonds may not be called for redemption by the Authority. The registered owner of this bond shall have no right to enforce the provisions of the Agreement of Trust or to institute action to enforce the covenants therein or to take any action with respect to any Event of Default under the Agreement of Trust or to institute, appear in or defend any suit or other proceedings with respect thereto, except as provided in the Agreement of Trust. Modifications or alterations of the Agreement of Trust or the Support Agreement, or of B-3 4892-7666-4754.1 any supplement thereto, may be made only to the extent and in the circumstances permitted by the Agreement of Trust. The Series 2024B Bonds are issuable as registered bonds in the denomination of$5,000 and integral multiples thereof. Upon surrender for transfer or exchange of this bond at the corporate trust office of the Trustee in Richmond, Virginia, together with an assignment duly executed by the registered owner or its duly authorized attorney or legal representative in such form as shall be satisfactory to the Trustee, the Authority shall execute, and the Trustee shall authenticate and deliver in exchange, a new bond or bonds in the manner and subject to the limitations and conditions provided in the Agreement of Trust, having an equal aggregate principal amount, in authorized denominations, of the same series form and maturity, bearing interest at the same rate and registered in the name or names as requested by the then registered owner hereof or its duly authorized attorney or legal representative. Any such exchange shall be at the expense of the Authority, except that the Trustee may charge the person requesting such exchange the amount of any tax or other governmental charge required to be paid with respect thereto. The Trustee shall treat the registered owner as the person exclusively entitled to payment of principal and interest and the exercise of all other rights and powers of the owner, except that interest payments shall be made to the person shown as holder on the fifteenth day of the month preceding each interest payment date. All acts conditions and things required to happen, exist or be performed precedent to and in the issuance of this bond have happened, exist and have been performed. This bond shall not become obligatory for any purpose or be entitled to any security or benefit under the Agreement of Trust or be valid until the Trustee shall have executed the Certificate of Authentication appearing hereon and inserted the date of authentication hereon. IN WITNESS WHEREOF, the City of Virginia Beach Development Authority has caused this bond to be signed by the manual or facsimile signature its Chairman, its seal or a facsimile thereof to be imprinted hereon and attested by the manual or facsimile signature of its Secretary, and this bond to be dated the date first above written. CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY (SEAL) By Chairman Attest: B-4 4892-7666-4754.l Secretary B-5 4892-7666-4754.1 CERTIFICATE OF AUTHENTICATION Date Authenticated: [June] _, 2024 This bond is one of the Series 2024B Bonds described in the within mentioned Agreement of Trust. U.S. BANK TRUST COMPANY, NATIONAL ASSOCIATION, as Trustee By Authorized Officer B-6 4892-7666-4754.1 ASSIGNMENT FOR VALUE RECEIVED the undersigned hereby sell(s), assign(s)and transfer(s)unto (please print or typewrite name and address, including zip code, of Transferee) PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF TRANSFEREE The within Bond and all rights thereunder, hereby irrevocably constituting and appointing Attorney, to transfer said Bond on the books kept for the registration thereof, with full power of substitution in the premises. Date: Signature Guaranteed NOTICE: Signature(s)must be guaranteed (Signature of Registered Owner) by an Eligible Guarantor Institution such as a Commercial Bank, Trust Company, NOTICE: The signature above must Securities Broker/Dealer, Credit Union, correspond with the name of the or Savings Association who is a member registered owner as it appears on the of a medallion program approved by The front of this bond in every particular, Securities Transfer Association, Inc. without alteration or enlargement or any change whatsoever. B-7 4892-7666-4754.1 EXHIBIT C Unless this certificate is presented by an authorized representative of The Depository Trust Company, a New York corporation ("DTC"), to the issuer or its agent for registration of transfer, exchange, or payment, and any certificate is registered in the name of Cede & Co., or in such other name as is requested by an authorized representative of DTC (and any payment is made to Cede & Co. or to such other entity as is requested by an authorized representative of DTC), ANY TRANSFER, PLEDGE, OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL inasmuch as the registered owner hereof, Cede & Co., has an interest herein. REGISTERED REGISTERED R-1 $ UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY Public Facility Revenue Bond, Series 2024C (Federally Taxable) INTEREST RATE MATURITY DATE DATED DATE CUSIP [June] _, 2024 92774G REGISTERED OWNER: CEDE & CO. PRINCIPAL AMOUNT: DOLLARS The City of Virginia Beach Development Authority, a political subdivision of the Commonwealth of Virginia (the "Authority"), for value received, hereby promises to pay upon surrender hereof at the principal corporate trust office of U.S. Bank Trust Company, National Association (successor to Wachovia Bank, National Association), Richmond, Virginia, as trustee, or its successor in trust (the "Trustee"), under the Agreement of Trust (as hereinafter defined) solely from the source and as hereinafter provided, to the registered owner hereof, or registered assigns or legal representative, the principal sum stated above on the maturity date stated above, subject to prior redemption as hereinafter provided, and to pay, solely from such source, interest hereon on each and , beginning , 2024 at the annual rate stated above, calculated on the basis of a 360-day year of twelve 30-day months. Interest is payable (a) from [June] , 2024, if this bond is authenticated prior to , 2024, or (b) otherwise from the or that is, or immediately precedes, the date on which C-1 4892-76664754.1 this bond is authenticated (unless payment of interest hereon is in default, in which case this bond shall bear interest from the day to which interest has been paid). Interest is payable by check or draft mailed to the registered owner hereof at its address as it appears on the first day of the month preceding each interest payment date on registration books kept by the Trustee; provided, however, that at the option of a registered owner of at least $1,000,000 of Series 2024C Bonds (as hereinafter defined), payment will be made by wire transfer pursuant to the most recent wire instructions received by the Trustee from such registered owner. If the nominal date for making any payment on this bond is not a Business Day (as hereinafter defined), the payment may be made on the next Business Day with the same effect as if made on the nominal date, and no additional interest shall accrue between the nominal date and the actual payment date. Principal and interest are payable in lawful money of the United States of America. "Business Day" shall mean a day on which banking business is transacted, but not including a Saturday, Sunday or legal holiday, or any day on which banking institutions are authorized by law to close in the city in the Commonwealth of Virginia in which the Trustee has its principal corporate trust office. Notwithstanding any other provision hereof, this bond is subject to book-entry form maintained by the Depository Trust Company ("DTC"), and the payment of principal and interest, the providing of notices and other matters shall be made as described in the Authority's Letter of Representations to DTC. This bond is one of an issue of$ Public Facility Revenue Bonds, Series 2024C (Federally Taxable)(the"Series 2024C Bonds") authorized and issued pursuant to Chapter 643 of the Virginia Acts of Assembly of 1964, as amended. The Series 2024C Bonds are issued under and secured by an Agreement of Trust dated as of September 1, 2003, between the Authority and the Trustee, as previously supplemented and as further supplemented with respect to the Series 2024C Bonds by a Twelfth Supplemental Agreement of Trust dated as of [June] 1, 2024 (collectively, the "Agreement of Trust"). The Agreement of Trust assigns to the Trustee, as security for the 2024, (a) the revenues and receipts derived from a Support Agreement dated as of September 1, 2003, as supplemented and amended in connection with the issuance of each series of Prior Public Facility Revenue Bonds by supplemental support agreements, and with respect to the Series 2024C Bonds by an Eleventh Supplemental Support Agreement dated as of [June] 1, 2024 (collectively, the "Support Agreement"), each between the Authority and the City of Virginia Beach, Virginia (the "City"), and (b)the Authority's rights under the Support Agreement (except for the Authority's rights under the Support Agreement to the payment of certain fees and expenses and the rights to notices). Reference is hereby made to the Agreement of Trust for a description of the provisions, among others, with respect to the nature and extent of the security, the rights, duties and obligations of the Authority and the Trustee, the rights of the holders of the Series 2024C Bonds and the terms upon which the Series 2024C Bonds are issued and secured. The Series 2024C Bonds are equally and ratably secured on a parity basis with $ in aggregate principal amount of Public Facility Revenue Bonds previously issued by the Authority and $ Public Facility Revenue Bonds, Series 2024A and $ Public Facility Refunding Revenue Bonds, Series 2024B issued on the date hereof (collectively, the "Parity Bonds"). Additional bonds secured by a pledge of revenues and receipts derived from the City under the Support Agreement on a parity with the Series 2024C Bonds and the Parity Bonds may be issued under the terms and conditions set forth in the C-2 4892-76664754.1 Agreement of Trust. Terms not otherwise defined herein shall have the meaning assigned such terms in the Agreement of Trust. The Series 2024C Bonds are issued to finance the acquisition, construction and equipping of various capital improvements for the City. Under the Support Agreement, the City has agreed to make payments that will be sufficient to pay the principal of and interest on the Series 2024C Bonds as the same shall become due in accordance with their terms and the provisions and the terms of the Agreement of Trust. The undertaking by the City to make payments under the Support Agreement does not constitute a debt of the City within the meaning of any constitutional or statutory limitation nor a liability of or a lien or charge upon funds or property of the City beyond any fiscal year for which the City has appropriated moneys to make such payments. THE SERIES 2024C BONDS AND THE INTEREST THEREON ARE LIMITED OBLIGATIONS OF THE AUTHORITY PAYABLE SOLELY FROM REVENUES AND RECEIPTS DERIVED FROM THE CITY AND RECEIVED BY THE AUTHORITY UNDER THE SUPPORT AGREEMENT, AND FROM CERTAIN FUNDS, AND THE INVESTMENT INCOME THEREON, HELD UNDER THE AGREEMENT OF TRUST, WHICH REVENUES, RECEIPTS AND FUNDS HAVE BEEN PLEDGED AND ASSIGNED TO SECURE PAYMENT THEREOF. THE SERIES 2024C BONDS AND INTEREST THEREON SHALL NOT BE DEEMED TO CONSTITUTE A GENERAL OBLIGATION DEBT OR A PLEDGE OF THE FAITH AND CREDIT OF THE COMMONWEALTH OF VIRGINIA OR ANY POLITICAL SUBDIVISION THEREOF, INCLUDING THE AUTHORITY AND THE CITY. NEITHER THE COMMONWEALTH OF VIRGINIA NOR ANY POLITICAL SUBDIVISION THEREOF, INCLUDING THE AUTHORITY AND THE CITY, SHALL BE OBLIGATED TO PAY THE PRINCIPAL OF OR INTEREST ON THE BONDS OR OTHER COSTS INCIDENT THERETO EXCEPT FROM THE REVENUES AND RECEIPTS PLEDGED AND ASSIGNED THEREFORE, AND NEITHER THE FAITH AND CREDIT NOR THE TAXING POWER OF THE COMMONWEALTH OF VIRGINIA, OR ANY POLITICAL SUBDIVISION THEREOF, INCLUDING THE AUTHORITY AND THE CITY, IS PLEDGED TO THE PAYMENT OF THE PRINCIPAL OF OR INTEREST ON THE BONDS OR OTHER COSTS INCIDENT THERETO. THE AUTHORITY HAS NO TAXING POWER. No covenant, condition or agreement contained herein shall be deemed to be a covenant, agreement or obligation of any present or future director, officer, employee or agent of the Authority in its individual capacity, and neither the Chairman of the Authority nor any officer thereof executing this bond shall be liable personally on hereon or be subject to any personal liability or accountability by reason of the issuance hereof. The Series 2024C Bonds may not be called for redemption by the Authority except as provided herein and in the Agreement of Trust. Optional Redemption. The Series 2024C Bonds maturing on or after , 203_3 may be redeemed prior to their respective maturities on or after , 203_at the option of the Authority, at the direction of the City, in whole or in part at any time at a redemption price of 100% of the principal amount, or portion thereof, of Series 2024C Bonds to be redeemed plus interest accrued to the redemption date. C-3 4892-76664754.1 If less than all the Series 2024C Bonds are called for redemption, they shall be redeemed from maturities in such order as determined by the Authority, at the direction of the City. If less than all of the Series 2024C Bonds of any maturity are called for redemption, the Bonds to be redeemed shall be selected by DTC or any successor securities depository pursuant to its rules and procedures or, if the book-entry system is discontinued, shall be selected by the Trustee by lot in such manner as the Trustee in its discretion may determine. The portion of any Series 2024C Bond to be redeemed shall be in the principal amount of$5,000 or some integral multiple thereof. In selecting Series 2024C Bonds for redemption, each Bond shall be considered as representing that number of Series 2024C Bonds which is obtained by dividing the principal amount of such Series 2024C Bond by $5,000. If any of the Series 2024C Bonds or portions thereof are called for redemption, the Trustee shall send notice of the call for redemption, identifying the Series 2024C Bonds or portions thereof to be redeemed, not less than 30 nor more than 60 days prior to the redemption date, by facsimile or electronic transmission, registered or certified mail or overnight express delivery, to the registered owner of the Series 2024C Bonds. Such notice may state that (1) it is conditioned upon the deposit of moneys, in an amount equal to the amount necessary to effect the redemption, with the Trustee no later than the redemption date or(2)the Authority retains the right to rescind such notice on or prior to the scheduled redemption date, and such notice and optional redemption shall be of no effect if such moneys are not so deposited or if the notice is rescinded. Provided funds for their redemption are on deposit at the place of payment on the redemption date, all Series 2024C Bonds or portions thereof so called for redemption shall cease to bear interest on such date, shall no longer be secured by the Agreement of Trust and shall not be deemed to be Outstanding under the provisions of the Agreement of Trust. If a portion of this bond shall be called for redemption, a new bond in principal amount equal to the unredeemed portion hereof will be issued to DTC or its nominee upon surrender hereof, or if the book-entry system is discontinued, to the registered owners of this bond. The registered owner of this bond shall have no right to enforce the provisions of the Agreement of Trust or to institute action to enforce the covenants therein or to take any action with respect to any Event of Default under the Agreement of Trust or to institute, appear in or defend any suit or other proceedings with respect thereto, except as provided in the Agreement of Trust. Modifications or alterations of the Agreement of Trust or the Support Agreement, or of any supplement thereto, may be made only to the extent and in the circumstances permitted by the Agreement of Trust. The Series 2024C Bonds are issuable as registered bonds in the denomination of$5,000 and integral multiples thereof. Upon surrender for transfer or exchange of this bond at the corporate trust office of the Trustee in Richmond, Virginia, together with an assignment duly executed by the registered owner or its duly authorized attorney or legal representative in such form as shall be satisfactory to the Trustee, the Authority shall execute, and the Trustee shall authenticate and deliver in exchange, a new bond or bonds in the manner and subject to the limitations and conditions provided in the Agreement of Trust, having an equal aggregate principal amount, in authorized denominations, of the same series form and maturity, bearing interest at the same rate and registered in the name or names as requested by the then registered C-4 4892-76664754.1 owner hereof or its duly authorized attorney or legal representative. Any such exchange shall be at the expense of the Authority, except that the Trustee may charge the person requesting such exchange the amount of any tax or other governmental charge required to be paid with respect thereto. The Trustee shall treat the registered owner as the person exclusively entitled to payment of principal and interest and the exercise of all other rights and powers of the owner, except that interest payments shall be made to the person shown as holder on the first day of the month preceding each interest payment date. All acts conditions and things required to happen, exist or be performed precedent to and in the issuance of this bond have happened, exist and have been performed. This bond shall not become obligatory for any purpose or be entitled to any security or benefit under the Agreement of Trust or be valid until the Trustee shall have executed the Certificate of Authentication appearing hereon and inserted the date of authentication hereon. IN WITNESS WHEREOF, the City of Virginia Beach Development Authority has caused this bond to be signed by the manual or facsimile signature of its Chairman, its seal or a facsimile thereof to be imprinted hereon and attested by the manual or facsimile signature of its Secretary, and this bond to be dated the date first above written. CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY (SEAL) By Chairman Attest: Secretary C-5 4892-7666-4754.1 CERTIFICATE OF AUTHENTICATION Date Authenticated: [June] _, 2024 This bond is one of the Series 2024C Bonds described in the within mentioned Agreement of Trust. U.S. BANK TRUST COMPANY,NATIONAL ASSOCIATION, as Trustee By Authorized Officer C-6 4892-76664754.1 ASSIGNMENT FOR VALUE RECEIVED the undersigned hereby sell(s), assign(s) and transfer(s)unto (please print or typewrite name and address, including zip code, of Transferee) PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF TRANSFEREE The within Bond and all rights thereunder, hereby irrevocably constituting and appointing , Attorney, to transfer said Bond on the books kept for the registration thereof, with full power of substitution in the premises. Date: Signature Guaranteed NOTICE: Signature(s)must be guaranteed (Signature of Registered Owner) by an Eligible Guarantor Institution such as a Commercial Bank, Trust Company, NOTICE: The signature above must Securities Broker/Dealer, Credit Union, correspond with the name of the or Savings Association who is a member registered owner as it appears on the of a medallion program approved by The front of this bond in every particular, Securities Transfer Association, Inc. without alteration or enlargement or any change whatsoever. C-7 4892-76664754.1 EXHIBIT D CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY PREVIOUSLY ISSUED AND OUTSTANDING PUBLIC FACILIY REVENUE BONDS Outstanding Bonds Bond Issue as of[June 1, 2024 2020A Public Facility Revenue 2020B Public Facility Refunding Revenue 2018A Public Facility Revenue 2016A Public Facility Revenue 2016B Public Facility Refunding Revenue 2015A Public Facility Revenue 2015B Public Facility Refunding Revenue 2014A Public Facility Revenue 2014B Public Facility Refunding Revenue 2013A Public Facility Revenue 2012A Public Facility Revenue 2012B Public Facility Refunding Revenue 201013 Public Facility Refunding Revenue 2010C Public Facility Refunding Revenue Excludes maturities refunded with proceeds of the Series 2024B Bonds. D-1 4892-7666-4754.1 EXHIBIT E CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY SUMMARY OF REFUNDED PRIOR BONDS BASE CUSIP NUMBER: 92774G Maturity CUSIP Interest Par Call Call Bonds Date Number Rate Amount Date Price E-1 4892-7666-4754.1 ELEVENTH SUPPLEMENTAL SUPPORT AGREEMENT between CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY and CITY OF VIRGINIA BEACH,VIRGINIA Dated as of[June] 1, 2024 NOTE: THIS ELEVENTH SUPPLEMENTAL SUPPORT AGREEMENT HAS BEEN ASSIGNED TO, AND IS SUBJECT TO A SECURITY INTEREST IN FAVOR OF,U.S. BANK NATIONAL ASSOCIATION,AS SUCCESSOR TRUSTEE UNDER AN AGREEMENT OF TRUST DATED AS OF SEPTEMBER 1, 2003, AS PREVIOUSLY SUPPLEMENTED AND AS FURTHER SUPPLEMENTED BY A TWELFTH SUPPLEMENTAL AGREEMENT OF TRUST AND AMENDMENT TO AGREEMENT OF TRUST DATED AS OF [JUNE] 1, 2024, WITH THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY, AS AMENDED OR SUPPLEMENTED FROM TIME TO TIME. INFORMATION CONCERNING SUCH SECURITY INTEREST MAY BE OBTAINED FROM THE TRUSTEE AT RICHMOND,VIRGINIA. TABLE OF CONTENTS Parties.................................................................................................................................................l Recitals...............................................................................................................................................I GrantingClauses................................................................................................................................I ARTICLE I DEFINITIONS AND RULES OF CONSTRUCTION Section1.1 Definitions............................................................................................................... 2 Section 1.2 Rules of Construction............................................................................................. 3 ARTICLE II REPRESENTATIONS Section 2.1 Representations by Authority................................................................................. 5 Section 2.2 Representations by City.......................................................................................... 5 ARTICLE III AGREEMENT TO ISSUE BONDS Section 3.1 Agreement to Issue Series 2024 Bonds .................................................................. 6 ARTICLE IV PAYMENT OBLIGATIONS; MASTER SUPPORT AGREEMENT AMENDMENTS Section 4.1 Amounts Payable.................................................................................................... 6 ARTICLE V PREPAYMENT AND REDEMPTION Section 5.1 Prepayment and Redemption.................................................................................. 7 i ARTICLE VI SERIES 2024 ARBITRAGE REBATE FUND Section 6.1 Series 2024 Arbitrage Rebate Fund........................................................................ 8 Section 6.2 Rebate Requirements.............................................................................................. 8 Section 6.3 Calculation and Report of Rebate Amount............................................................. 8 Section 6.4 Payment of Rebate Amount.................................................................................... 8 Section 6.5 Reports by Trustee.................................................................................................. 9 Section 6.6 Disposition of Balance in Series 2024 Arbitrage Rebate Fund .............................. 9 ARTICLE VII MISCELLANEOUS Section 7.1 Private Activity Covenants..................................................................................... 9 Section 7.2 Post-Issuance Compliance.................................................................................... 10 Section7.3 Severability..............................................................................................................9 Section 7.4 Successors and Assigns......................................................................................... 10 Section 7.5 Counterparts.......................................................................................................... 10 Section7.6 Governing Law..................................................................................................... 10 Signatures 10 Receipt 11 Exhibit A— Schedule of Payments A-1 Exhibit B—Description of Series 2024A Projects B-1 Exhibit C—Administrative Fee Schedule C-1 ii THIS ELEVENTH SUPPLEMENTAL SUPPORT AGREEMENT dated as of[June] 1, 2024, by and between the CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY, a political subdivision of the Commonwealth of Virginia (the "Authority"), and the CITY OF VIRGINIA BEACH, VIRGINIA, a political subdivision of the Commonwealth of Virginia(the "City"), provides: WITNESSETH: WHEREAS, the Authority is a political subdivision of the Commonwealth of Virginia duly created by Chapter 643 of the Virginia Acts of Assembly of 1694, as amended (the "Act"); and WHEREAS, the Act authorizes the Authority to acquire, improve, maintain, equip, own, lease and dispose of"Authority facilities," as defined in the Act, to finance or refinance and lease facilities for use by, among others, a city, to issue its revenue bonds, notes and other obligations from time to time for such purposes and to pledge all or any part of its assets, whether then owned or thereafter acquired, as security for the payment of the principal of and interest on any such obligations; and WHEREAS, the City desires to undertake a program of financing or refinancing the acquisition, construction and equipping of various public facilities that the City determines to undertake from time to time; and WHEREAS, in furtherance of the purposes of the Act, the City has requested the Authority to undertake one or more series of Projects (as defined in the Support Agreement, as hereinafter defined), and the Authority has determined to issue from time to time its public facility revenue bonds and to loan the proceeds thereof to the City to finance or refinance costs incurred in connection with such Projects and costs of issuing such bonds pursuant to the terms of an Agreement of Trust dated as of September 1, 2003 (the "Master Agreement of Trust"), between the Authority and U.S. Bank National Trust Company, Association (successor to Wachovia Bank, National Association), Richmond, Virginia, as successor trustee (the "Trustee"), as supplemented in connection with previously issued Prior Public Facility Revenue Bonds (herein defined), and as further supplemented in connection with the Series 2024 Bonds (herein defined) by a Twelfth Supplemental Agreement of Trust and Amendment to Agreement of Trust dated as of[June] 1, 2024, all between the Authority and the Trustee (collectively, the "Agreement of Trust"); and WHEREAS, in furtherance of the purposes of the Act,Authority has agreed to loan from time to time proceeds of such bonds to the City, and the City has agreed to repay such loans, subject to appropriation by the City Council of sufficient moneys for such purpose pursuant to a support agreement between the City and the Authority dated as of September 1, 2003 (the "Master Support Agreement"), as previously supplemented and amended in connection with each prior series of public facility revenue bonds; and WHEREAS, within the limitations and in compliance with the Agreement of Trust, the City has requested the Authority to issue a series of Public Facility Revenue Bonds in the aggregate principal amount of $ , a series of Public Facility Revenue Bonds (federally taxable) in the aggregate principal amount of $ and a series of Public Facility Refunding Revenue Bonds in the aggregate principal amount of $ (collectively, the "Series 2024 Bonds") and to loan such proceeds to the City pursuant to the terms of this Eleventh Supplemental Support Agreement to finance the cost of the Series 2024A Projects (as such term is hereinafter defined) and to refund certain of the Authority's Public Facility Refunding Revenue Bonds, Series previously issued by the Authority to refinance certain of the Public Facility Revenue Bonds, Series which had been previously issued by the Authority to assist the City in financing various public facilities; and WHEREAS, all acts, conditions and things required by law to happen, exist and be performed precedent to and in connection with the execution of and entering into this Eleventh Supplemental Support Agreement have happened, exist and have been performed in regular and due time and in form and manner as required by law, and the parties hereto are now duly empowered to execute and enter into this Eleventh Supplemental Support Agreement; NOW, THEREFORE, in consideration of the mutual covenants and agreements hereinafter contained and other valuable consideration, the parties hereto covenant and agree as follows: ARTICLE I DEFINITIONS AND RULES OF CONSTRUCTION Section 1.1 Definitions. Unless otherwise defined in this Eleventh Supplemental Support Agreement, all words used herein shall have the meanings assigned to such terms in the Agreement of Trust or the Master Support Agreement. The following words as used in this Eleventh Supplemental Support Agreement shall have the following meanings unless a different meaning clearly appears from the context: "Agreement of Trust" shall mean the Agreement of Trust dated as of September 1, 2003, as previously supplemented, and as further supplemented with respect to the Series 2024 Bonds by the Twelfth Supplemental Agreement of Trust. "Basic Agreements" shall mean the Agreement of Trust and the Support Agreement. "Eleventh Supplemental Support Agreement" shall mean this Eleventh Supplemental Support Agreement dated as of [June] 1, 2024, between the Authority and the City, which supplements the Master Support Agreement. "Master Support Agreement" shall mean the Support Agreement dated as of September 1, 2003, between the Authority and the City. 2 "Prior Public Facility Revenue Bonds" means the previously issued and outstanding public facility revenue bonds shown in Exhibit C to the Twelfth Supplemental Trust Agreement, debt service payments on which are shown, together with debt service payments on the Series 2024 Bonds, on Exhibit A hereto. "Series 2024 Bonds" shall mean the Authority's $ Public Facility Revenue Bonds, Series 2024A, $ Public Facility Refunding Revenue Bonds, Series 2024B and $ Public Facility Revenue Bonds, Series 2024C (Federally Taxable) authorized to be issued pursuant to the Twelfth Supplemental Agreement of Trust. "Series 2024A Projects" shall mean the financing of the acquisition, construction and equipping of all or a portion of the projects identified as Series 2024A Projects as set forth on Exhibit B. "Series 2024 Arbitrage Rebate Fund" shall mean the fund established in section 6.1 "Series 2024C Projects" shall mean the financing of the acquisition, construction and equipping of all or a portion of the projects identified as Series 2024C Projects as set forth on Exhibit B. "Support Agreement" shall mean the Master Support Agreement, as previously supplemented and amended, and as supplemented and amended by this Eleventh Supplemental Support Agreement. "Twelfth Supplemental Agreement of Trust" shall mean the Twelfth Supplemental Agreement of Trust dated as of [June] 1, 2024, between the Authority and the Trustee, which supplements the Agreement of Trust. Section 1.2 Rules of Construction. The following rules shall apply to the construction of this Eleventh Supplemental Support Agreement unless the context otherwise requires: (a) Words importing the singular number shall include the plural number and vice versa. (b) Words importing the redemption or calling for redemption of Bonds shall not be deemed to refer to or connote the payment of Bonds at their stated maturity. (c) Unless otherwise indicated, all references herein to particular Articles or Sections are references to Articles or Sections of this Eleventh Supplemental Support Agreement. (d) The headings herein and Table of Contents to this Eleventh Supplemental Support Agreement herein are solely for convenience of reference and shall not constitute a part of this Eleventh Supplemental Support Agreement nor shall they affect its meaning, construction or effect. 3 (e) All references herein to payment of Bonds are references to payment of principal of and premium, if any, and interest on the Bonds. 4 ARTICLE II REPRESENTATIONS Section 2.1 Representations by Authority. The Authority makes the following representations: (a) The Authority is a political subdivision of the Commonwealth of Virginia duly created under the Act; (b) Pursuant to the Act, the Authority has full power and authority to enter into the Basic Agreements and to perform the transactions contemplated thereby and to carry out its obligations thereunder and by proper action has duly authorized, executed and delivered the Basic Agreements. (c) The execution, delivery and compliance by the Authority with the terms and conditions of the Basic Agreements will not conflict with or constitute or result in a default under or violation of, (1) any existing law, rule or regulation applicable to the Authority, or (2) any trust agreement, mortgage, deed of trust, lien, lease, contract, note, order, judgment, decree or other agreement, instrument or other restriction of any kind to which the Authority or any of its assets is subject; (d) No further approval, consent or withholding of objection on the part of any regulatory body or any official, Federal state or local, is required in connection with the execution or delivery of or compliance by the Authority with the terms and conditions of the Basic Agreements, except that no representation is made as to the applicability of any Federal or state securities laws; and (e) There is no litigation at law or in equity or any proceeding before any governmental agency involving the Authority pending or, the knowledge of the Authority, threatened with respect to (1) the creation and existence of the Authority, (2) its authority to execute and deliver the Basic Agreements, (3) the validity or enforceability of the Basic Agreements, or the Authority's performance of its obligations thereunder, (4) the title of any officer of the Authority executing the Basic Agreements, or (5) the ability of the Authority to issue and sell its bonds. Section 2.2 Representations by City. The City makes the following representations: (a) The City is a political subdivision of the Commonwealth of Virginia; (b) The City has full power and authority to enter into the Basic Agreements to which it is a party and to perform the transactions contemplated thereby and to carry out its obligations thereunder and by proper action has duly authorized, executed and delivered the Basic Agreements; 5 (c) The City is not in default in the payment of the principal of or interest on any of its indebtedness for borrowed money and is not in default under any instrument under or subject to which any indebtedness for borrowed money has been incurred, and no event has occurred and is continuing that with the lapse of time or the giving of notice, or both, would constitute or result in an event of default thereunder; (d) The City is not in default under or in violation of, and the execution, delivery and compliance by the City with the terms and conditions of the Basic Agreements to which it is a party will not conflict with or constitute or result in a default under or violation of, (1) any existing law, rule or regulation applicable to the City or (2) any trust agreement, mortgage, deed of trust, lien, lease, contract, note, order, judgment, decree or other agreement, instrument or restriction of any kind to which the City or any of its assets is subject, and no event has occurred and is continuing that with the lapse of time or the giving of notice, or both, would constitute or result in such a default or violation; (e) No further approval, consent or withholding of objection on the part of any regulatory body or any official, Federal, state or local, is required in connection with the execution or delivery of or compliance by the City with the terms and conditions of the Basic Agreements to which it is a party; and (f) There is no litigation at law or in equity or any proceeding before any governmental agency involving the City pending or, to the knowledge of the City, threatened with respect to (1)the authority of the City to execute and deliver the Basic Agreements to which it is a party, (2) the validity or enforceability of the Basic Agreements or the City's performance Agreements, or(3) the ability of the City to undertake the Series 2024A Projects. ARTICLE III AGREEMENT TO ISSUE BONDS Section 3.1 Agreement to Issue Series 2024 Bonds. The Authority shall contemporaneously with the execution and delivery hereof proceed with the issuance and sale of the Series 2024 Bonds bearing interest, maturing and having the other terms and provisions set forth in the Agreement of Trust. ARTICLE IV PAYMENT OBLIGATIONS; MASTER SUPPORT AGREEMENT AMENDMENTS Section 4.1 Amounts Payable. The Master Support Agreement is hereby amended to replace in its entirety the Exhibit A attached thereto with the new Exhibit A attached hereto. Pursuant to Article IV of the Master Support Agreement and subject specifically to the limitation of Section 4.4 thereof, the City shall 6 pay to the Authority or its assignee the Annual Payments specified in Exhibit A attached hereto. The Annual Payments shall be payable without notice or demand at the designated corporate trust office of the Trustee, and shall be paid on or before the applicable payment due dates for the Prior Public Facility Revenue Bonds and the Series 2024 Bonds. Pursuant to the First Amendment to 2002 Support Agreement dated as of May 1, 2010 between the Authority and the City, the parties agreed to fix the Authority's administrative fee payable by the City for all existing public facility revenue bonds and any public facility revenue bonds to be issued in the future in accordance with the fee schedule attached to such agreement (the "Former Fee Schedule"). Pursuant to the Seventh Supplemental Support Agreement dated as of [June] 1, 2015, entered into in connection with the Authority's Public Facility Revenue Bonds, Series 2015 (the "Series 2015 Bonds") issued at the request of the City, the Authority and the City have agreed upon a new administrative fee schedule for such public facility revenue bonds which is attached as Exhibit C. The fee schedule in Exhibit C became effective as of June 25, 2015, the date of issuance of the Series 2015 Bonds, and applies to all previously issued and outstanding public facility revenue bonds, the Series 2015 Bonds and any public facility revenue bonds to be issued in the future, including the Series 2024 Bonds. All prior support agreements between the Authority and the City were amended by replacing the Former Fee Schedule with the schedule in Exhibit C, such amendments becoming effective on the date of issuance of the Series 2015 Bonds. ARTICLE V PREPAYMENT AND REDEMPTION Section 5.1 Prepayment and Redemption. The City, on behalf of the Authority, shall have the option to prepay an Annual Payment at the times and in the amounts as necessary to exercise its option to cause any Series 2024 Bonds subject to optional redemption to be redeemed as set forth in such Series 2024 Bonds. Such prepayments of Annual Payments shall be made at the times and in the amounts as necessary to accomplish the optional redemption of such Series 2024 Bonds in accordance with the terms thereof. Upon the exercise of such option, the City shall also pay as Additional Payments, the amounts necessary to pay the premium, if any, due on such Series 2024 Bonds on the date or dates of their redemption. The City, on behalf of the Authority, shall give the Trustee notice of any redemption of such Series 2024 Bonds at least 15 days prior to the latest date that notice of redemption may be given pursuant to Section 402 of the Master Agreement of Trust. Such notice to the Trustee shall specify the redemption date, the principal amount of Series 2024 Bonds to be redeemed, the premium, if any, and the section of the Agreement of Trust pursuant to which such redemption is to be made. 7 ARTICLE VI SERIES 2024 ARBITRAGE REBATE FUND Section 6.1 Series 2024 Arbitrage Rebate Fund. There is hereby established the City of Virginia Beach, Virginia, Series 2024 Public Facility Revenue Bond Arbitrage Rebate Fund (the "Series 2024 Arbitrage Rebate Fund") to be held by or on behalf of the City. Subject to the limitation in Section 4.4 of the Master Support Agreement, the City shall deposit moneys in the Series 2024 Arbitrage Rebate Fund from time to time for payment of the rebate obligations under the Code (the "Rebate Amount"). The City may establish separate accounts in the Series 2024 Arbitrage Rebate Fund for such payments. Section 6.2 Rebate Requirements. Except with respect to earnings on funds and accounts qualifying for any exceptions to the rebate requirement of Section 148 of the Code, the City shall pay, but solely from amounts in the Series 2024 Arbitrage Rebate Fund, the Rebate amount to the United States of America, as and when due, in accordance with Section 148(f) of the Code, as provided in this Article, and shall retain records of all such determinations until four years after payment of the Series 2024 Bonds. Section 6.3 Calculation and Report of Rebate Amount. (a) The City selects April 15 as the end of the bond year with respect to the Series 2024 Bonds pursuant to Treasury Regulation Section 1.148-1. (b) Within 30 days after the initial installment computation date which is the last day of the fifth bond year, unless such date is changed by the City prior to the date that any amount with respect to the Series 2024 Bonds is paid or required to be paid to the United States of America as required by Section 148 of the Code, and at least once every five years thereafter, the City shall cause the Rebate Amount to be computed and shall deliver a copy of such computation (the "Rebate Amount Certificate") to the Authority and the Trustee. Prior to any payment of the Rebate Amount to the United States of America as required by Section 148 of the Code, a Rebate Amount Certificate setting forth such Rebate Amount shall be prepared or approved by (1) a person with experience in matters of governmental accounting for Federal income tax purposes or(2) a bona fide arbitrage rebate calculation reporting service. Section 6.4 Payment of Rebate Amount. Not later than 60 days after the initial installment computation date, the City shall pay solely from amounts in the Series 2024 Arbitrage Rebate Fund to the United States of America at least 90% of the Rebate Amount as set forth in the Rebate Amount Certificate prepared with respect to such installment computation date. At least once on or before 60 days after the installment computation date that is the fifth anniversary of the initial installment computation date or on or before 60 days after every fifth anniversary date thereafter until final payment of the Series 2024 Bonds, the City shall pay to the United States of America not less than the 8 amount, if any, by which 90% of the Rebate Amount set forth in the most recent Rebate Amount Certificate exceeds the aggregate of all such payments theretofore made to the United States of America pursuant to this Section. On or before 60 days after final payment of the Series 2024 Bonds, the City shall pay to the United States of America the amount, if any, by which 100% of the Rebate Amount set forth in the Rebate Amount Certificate with respect to the date of final payment of the Series 2024 Bonds exceeds the aggregate of all payments theretofore made pursuant to this Section. All such payments shall be made solely from amounts in the Series 2024 Arbitrage Rebate Fund. Notwithstanding any provision of the Support Agreement to the contrary, no such payment shall be made if the City receives and delivers to the Trustee and the Authority an opinion of Bond Counsel to the effect that (a) such payment is not required under the Code in order to prevent the Series 2024 Bonds from becoming "arbitrage bonds" within the meaning of Section 148 of the Code or (b) such payment should be calculated and paid on some alternative basis under the Code, and the City complies with such alternative basis. The Authority covenants that, if so requested by the City, it shall execute any form required to be signed by an issuer of tax-exempt bonds in connection with the payment of any Rebate amount (including Internal Revenue Service Form 8038-T) based on information supplied to the Authority by the City. The City shall supply all information required to be stated on such form and shall prepare such form. Except for the execution and delivery of such form upon timely presentation by the City, the Authority shall have no responsibility for such form or the information stated thereon. Section 6.5 Reports by Trustee. The Trustee shall provide the City within 10 days after each April 1 and within 10 days after the final payment of the Series 2024 Bonds with such reports and information with respect to earnings of amounts held under the Agreement of Trust as may be requested by the City in order to comply with the provisions of this Article. Section 6.6 Disposition of Balance in Series 2024 Arbitrage Rebate Fund. After each payment required in Section 6.4 is made and any additional amount necessary to pay the full rebate obligation is retained, the remaining amount in the Series 2024 Arbitrage Rebate Fund shall be retained by the City and used for any lawful purpose. ARTICLE VII MISCELLANEOUS Section 7.1 Private Activity Covenants. The City covenants not to permit the proceeds of the Series 2024A Bonds and Series 2024B Bonds to be used in any manner that would result in (a) 5% or more of such proceeds or the facilities financed or refinanced with such proceeds being used in a trade or business carried 9 on by any person other than a governmental unit, as provided in Section 141(b) of the Code, (b) 5% or more of such proceeds being used with respect to any "output facility" (other than a facility for the furnishing of water), within the meaning of Section 141(b)(4) of the Code, or (c) 5% or more of such proceeds being used directly or indirectly to make or finance loans to any persons other than a governmental unit, as provided in Section 141(c) of the Code; provided, however, that if the City receives an opinion of Bond Counsel that any such covenants need not be complied with to prevent the interest on the Series 2024A Bonds or Series 2024B Bonds from being includable in the gross income for Federal income tax purposes under existing law, the City need not comply with such covenants. Section 7.2 Post-Issuance Compliance. After the Series 2024 Bonds are issued, the City covenants to monitor the use of the proceeds of such bonds, and the projects financed or refinanced with such bonds, and requirements related to arbitrage yield restriction and rebate with respect to such bonds under the City's Post-Issuance Compliance Policy and Procedures (the "Policy") for tax-advantaged governmental purpose bonds adopted by resolution of the City Council on March 13, 2012. In any instance of noncompliance detected through application of the Policy, the City covenants to take corrective action in accordance with the Policy, and to notify the Authority of the matter and corrective action taken or to be taken. The Authority agrees to cooperate with the City in any instance where action of the Authority may be required in connection with the City's corrective action. Section 7.3 Severability. If any provision of this Eleventh Supplemental Support Agreement shall be held invalid by any court of competent jurisdiction, such holding shall not invalidate any other provision hereof. Section 7.4 Successors and Assigns. This Eleventh Supplemental Support Agreement shall be binding upon, inure to the benefit of and be enforceable by the parties and their respective successors and assigns. Section 7.5 Counterparts. This Eleventh Supplemental Support Agreement may be executed in any number of counterparts, each of which shall be an original, all of which together shall constitute but one and the same instrument. Section 7.6 Governing Law. This Eleventh Supplemental Support Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia. [REMAINDER OF PAGE INTENIONALLY LEFT BLANK] 10 IN WITNESS WHEREOF,the parties have caused this Eleventh Supplemental Support Agreement to be duly executed by their duly authorized representatives as of the date first above written. CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY By: Chairman CITY OF VIRGINIA BEACH,VIRGINIA By: City Manager Seen and agreed to: U.S. BANK TRUST COMPANY, NATIONAL ASSOCIATION, As Trustee By: Title: 11 RECEIPT Receipt of the foregoing original counterpart of the Eleventh Supplemental Support Agreement dated as of [June] 1, 2024, between the City of Virginia Beach Development Authority and the City of Virginia Beach, Virginia, is hereby acknowledged. U.S. BANK,NATIONAL ASSOCIATION, as Trustee By: Title: 12 EXHIBIT A SCHEDULE OF PAYMENTS Exhibit A City of Virginia Beach Development Authority Public Facilty Revenue and Refunding Revenue Bonds Schedule of Pa is DEVELOPMENT PLUS: 2024A PLUS: 2924B PLUS: 2124C TOTAL FISCAL AUTHORITY DEBT SERVICE PFRB PFRB PFRB DEBT SERVICE YEAR PRINCIPAL INTEREST PRINCIPAL INTEREST PRINCIPAL INTEREST PRINCIPAL INTEREST PRINCIPAL INTEREST TOTAL 2023-24 9,370,000.00 1,276,340.63 9,370,000.00 1,276,340.63 10,646,340-63 2024-25 30,475,000.00 9,593,081-26 30,475,000.00 9,593,091.26 40,069,091.26 2023-26 24,070,000.00 8,175,706-26 24,070,000.00 9,175,706.26 32,245,70626 2026-27 23,080,000.00 7,073,106.26 23,080,000.00 7,073,106.26 30,153,106-26 2027-28 22,705,000.00 6.106200.02 22,705,000.00 6,106,200.02 29,911,200.02 2029-29 16.173.000-00 5,249,550-02 16,173,000-00 5,249,550.02 21,423,550.02 2029-30 16,050,000.00 4.332,162-52 16,050,000.00 4,532,162-52 20,592,162.52 2030-31 16,050,000-00 3,959,091-26 16,050,000.00 3,959,091.26 19,909A8t-26 2031-32 16,050,000.00 3,254,291-26 16,050,000.00 3,254,291.26 19,304,291.26 2032-33 16,035,000.00 2,649,331.26 16,053,000-00 2,649,331-26 19,703,331-26 2033-34 14,090,000.00 2,061,562.50 14,080,000.00 2,061,562.50 16,141,562.50 2034-35 12,123,000.00 1,330275.00 12,123,000.00 1,530,275.00 13,655,273.00 2033-36 10,185,000.00 1,149,975-00 10,185,000-00 1,149973.00 1033,975.00 2036-37 10,185,000.00 939,925-00 10,183,000.00 939,923-00 11,023 925.00 2037-39 9,260,000.00 342,730.00 9,260,000.00 342,750.00 9,802,730.00 2038-39 8,060,000.00 342,530.00 9,060,000.00 342,530.00 8,402,550.00 2039-40 8,060,0W00 171.275-00 9,060.000-00 171,273.00 8,231,275.00 2040.41 - - - 204142 - - 2042-43 - - 2043-44 - - Totals S262,035,000.00 S58,403,153.25 $0.00 $0.00 $0.00 S0.00 S - S $262,035,000.00 $58.403,153.25 S320.438,15325 A-1 EXHIBIT B DESCRIPTION OF SERIES 2024A AND SERIES 2024C PROJECTS The following sets forth brief descriptions of the City projects to be financed in whole or in part with public facility revenue bonds ("PFRB") of the Authority, and the amount of each project to be financed with proceeds of the Public Facility Revenue Bonds, Series 2024A and Public Facility Revenue Bonds Series 2024C (Federally Taxable): Projects to be Financed with Series 20241A/C1 Public Facility Revenue Bonds Project/ Project Name/Fiscal Total Total PFRB Fund Year City Council Description Programmed Planned Series Number' Approved Project Cost' Financing' Bonds 100001/ 171'Street This project funds improvements to 17th 25,416,516 25,416,516 1,930,426 241 Improvements— Street from Cypress Avenue to Pacific Phase I Avenue and provides increased safety, essential connectivity,and improved FY 2020 aesthetics for the 17th Street Corridor through the implementation of an 80-foot typical section consisting of wide sidewalks,street trees,bicycle lanes,traffic signals,curb/gutter, and four lanes of traffic.Includes associated utility and accessibility upgrades: undergrounding of overhead utilities,new storm,sewer,and water infrastructure, improved crosswalks,and curb ramps. Rehabilitation of the 17th Street Corridor is a critical component in the success of the Central Beach Entertainment District development and has been identified as a need in the 2020 Resort Area Strategic Action Plan. 17th Street serves as one of several vehicular priority streets providing a direct connection and gateway to the oceanfront from the west. 100145/ Atlantic Park This project funds the voluntary acquisition of 9,194,182 9,194,182 99194,182 241 Development property in the area surrounding the former Acquisition Dome site/Atlantic Park site and costs associated with due diligence,demolition, FY 2021 utility relocation and installation and associated permitting related to the Atlantic Park project.The costs include the decommissioning of the Dominion Energy substation located at 18th Street and related facilities.This project will help develop the Resort's Central Beach Entertainment District, a key implementation strategy of the Resort Area Strategic Action Plan 2030,helping to create a year-round,fast class,urban resort destination.This project is essential to ensure the successful construction of the Atlantic Park project. C-1 Project/ Project Name/Fiscal Total Total PFRB Fund Year City Council Description Programmed PlannedSeries 2024A Number) Approved Project Cost2 Financin z Bonds 100148/ Atlantic Park This project funds the streetscape and other 6,000,000 6,000,000 6,000,000 241 Streetscapes public pedestrian area improvements to support the redevelopment of the former FY 2019 Dome site into the Atlantic Park,a mixed-use, high density development including space for residences,offices,retail,restaurants,a surf park,an entertainment venue,and parking. The site will be constructed on approximately 10.35 acres of City-owned property in the Central Beach Entertainment District.This project will help develop the Resort's Central Beach Entertainment District,a key implementation strategy of the Resort Area Strategic Action Plan 2030,helping to create a year-round,first class,urban resort destination.This project is essential to ensure the successful construction of the Atlantic Park project. 100286/ Oceanfront This project funds the design and construction 2,833,484 2,833,484 2,080,470 241 Restrooms of modem restroom facilities and showers in the Resort Area of the Oceanfront between 2°d FY 2020 and 40th Streets.Existing facilities will also be assessed and upgraded,and a new shower facility will be constructed at the 2nd Street Connector Park and Boardwalk.Locations for three new 400 square-foot restroom facilities and additional shower facilities will be determined and constructed east of Atlantic Avenue. 100300/ Atlantic Avenue This project funds the design and construction 22,900,000 22,900,000 5,295,663 241 Street Improvements of streetscape improvements along Atlantic Avenue.Project scope includes the design of FY 2021 improvements identified in the Resort Area Mobility Plan,sidewalk replacement,lane and curb adjustments,updates to street furnishings,improved plantings and street trees,consistent signage,upgrading and replacing infrastructure,and adding art to create a sense of arrival.Improvements to Atlantic Avenue are a top priority of the 2030 Resort Area Strategic Action Plan and Resort Area Mobility Planning efforts.This project will advance those priorities as well as contribute to Council's goal to be a competitive first-class resort for residents, businesses,and tourists. A-2 Project/ Project Name/Fiscal Total Total PFRB Fund Year City Council Description Programmed Planned Series Number' Approved Project Cost' Financin ' Bonds 100466/ Virginia Beach The project funded the design and 73,651,047 68,141,047 175,241 241 Sports Center construction of a Sports Center,providing a 285,000 square-foot column-free program FY 2018 space including 12 regulation(high school) basketball courts convertible to 24 volleyball courts;flexible court layout and use of multi- purpose flooring/mat options to accommodate a variety of sport applications including gymnastics,wrestling,cheer,dance,and others.In addition,it included an articulated track to accommodate indoor track and field events.The facility provided a combination of seating systems,an elevated mezzanine level, food service facilities,official's locker rooms, storage space,public restroom facilities, administrative offices and sufficient "camping"space for family,spectator,and participants to accommodate up to 5,000 people.In addition,the project provided funding for parking adjacent to the Sports Center as well as storage.The project site is on City-owned property on 191 Street that provided surface parking for the Virginia Beach Convention Center. A-3 Project/ Project Name/Fiscal Total Total PFRB Fund Year City Council Description Programmed Planned Series 2024A Number' Approved Project Cost2 Financin 2 Bonds 100606/ Atlantic Park Offsite This project funds the design and construction 33,153,251 17,174,104 17,174,104 241 Infrastructure of certain offsite infrastructure connected to the Atlantic Park Project.These improvements FY 2022 include Pacific Avenue and 19th Street traffic signal and pedestrian crossing,Pacific Avenue and 20th Street traffic signal, 18th Street Streetscape improvements from Artic to Pacific, 18th Street undergrounding duct bank, Arctic Avenue streetscape improvements, Arctic Avenue undergrounding duct bank, 19th Street and Baltic Avenue traffic signal relocation,20th Street streetscape improvements and related stormwater,20th Street undergrounding duct bank,and stormwater improvements abutting the project.It is anticipated this work will require coordination with the contractor undertaking the Atlantic Park Development,and to avoid construction conflicts and consistent with any required procurement approvals the work is intended to be completed by cost participation agreement with the Developer of the Atlantic Park Project. The work is consistent with the undergrounding of utilities and streetscape improvements undertaken in adjacent areas of the Resort.Moreover,the decision to do this work now will avoid undertaking the work at a future date which could duplicate costs. 601016/ Energy Performance This project will use energy performance 35,000,000 27,934,252 10,000,000 115 Contracts 11 contracts to replace outdated lighting,heating, ventilation and air conditioning systems,and FY 2017 other energy-efficient initiatives as a measure to reduce energy costs while improving the learning environment.The savings associated from the reduced energy costs are expected to exceed any debt service costs.The savings are guaranteed by the contractor,who is required to acquire a performance bond.If the savings do not materialize,the shortfall is paid to the school division. TOTAL $208 148 480 $179 593 585 $51 850 086 ' Fund 241 is the Tourism Investment Program Special Revenue Fund and Fund 115 is the School Operating Fund. 2. Through FY 2024 CIP-Yearl/Amended FY 2024 Budget. A-4 Projects to be Financed with Series 2024[A/C] Public Facility Revenue Bonds (Federally Taxable) Project/ Project Name/Fiscal Total Total PFRB Fund Year City Council Description Programmed Planned Series 2024A Number' Approved Project Cost' Financin 2 Bonds 100146/ Atlantic Park This project funds the construction of an 54,797,614 53,585,614 53,585,614 241 Entertainment Venue entertainment venue as part of the redevelopment of the former Dome site.The FY 2019 venue will have an estimated capacity of 3,500 people for events including:live musical performances,comedic acts,sporting events,spoken word events,and speaking engagements.The entertainment venue will be among the Atlantic Park,a mixed-use,high density development including space for residences,offices,retail,restaurants,a surf park,and parking.The venue will be constructed on approximately 10.35 acres of City-owned property in the Central Beach Entertainment District.This project will help develop the Resort's Central Beach Entertainment District,a key implementation strategy of the Resort Area Strategic Action Plan 2030,helping to create a year-round,first class,urban resort destination.This project is essential to ensure the successful construction of the Atlantic Park project. 100147/ Atlantic Park Parking This project funds purchase of approximately 47,750,000 47,750,000 47,750,000 241 1,400 parking spaces in multiple garages FY 2020 within the Atlantic Park mixed-use development.The parking will support retail, a surf park,the entertainment venue, restaurants,office,and residential units.This project will help develop the Resort's Central Beach Entertainment District,a key implementation strategy of the Resort Area Strategic Action Plan 2030,helping to create a year-round,first class,urban resort destination.This project is essential to ensure the successful construction of the Atlantic Park project. 100631/ Resort Area Site This project funds the purchase of land within 12,900,000 12,900,000 12,814,300 241 Acquisition the Resort Area.Targeted purchases include preservation of the 17th Street park and improvements adjacent thereto.Additional consideration will be given to strategic FY20 properties that City Council deems important for the advancement of the Resort Area Strategic Action Plan. TOTAL $115 447 614 $114 235 614 $114 149 914 ' Fund 241 is the Tourism Investment Program Special Revenue Fund and Fund 115 is the School Operating Fund. ' Through FY 2024 CIP-Yearl/Amended FY 2024 Budget. A-5 EXHIBIT C CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY PUBLIC FACILITY REVENUE BOND ADMINISTRATIVE FEE SCHEDULE Administration Due Date Fee 12/1/15 $35,000.00 12/1/16 $35,000.00 12/1/17 $34,205.00 12/1/18 $29,222.50 12/1/19 $23,970.00 12/1/20 $18,430.00 12/1/21 $12,597.50 12/1/22 $6,455.00 12/1/23 $0.00 The administrative fee schedule set forth above effective as of[June] 25, 2015 supersedes all prior payment arrangements for the payment of administrative fees by the City of Virginia Beach to the Virginia Beach Development Authority in connection with the issuance of public facility revenue bonds by the Authority for the benefit of the City. The administrative fee schedule applies to all currently outstanding public facility revenue bonds and all public facility revenue bonds to be issued in the future. A-6 .N.0 �f s' �Vy�v CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Resolution of the City of Virginia Beach, Virginia, Providing for the Issuance and Sale of General Obligation Public Improvement Bonds in the Maximum Amount of $276,000,000 to Fund Heretofore Authorized Public Improvements, and Providing for the Form, Details and Payment Thereof MEETING DATE: April 16, 2024 ■Background: Based on a review of capital project expenditures, the Department of Finance has begun preparations for a general obligation "new-money" bond sale in the maximum principal of $276,000,000. The bond sale is composed of the remaining balance of the 2018 and 2019 and a portion of the 2020 and 2021 Charter Bond Authorizations previously approved by the City Council on May 15, 2018, May 14, 2019, May 12, 2020, and November 16, 2021, respectively. The bond proceeds from the proposed sale will reimburse previous expenditures for the City, including Flood Protection Program referendum projects, and Schools capital projects and will fund future expenditures on some City, Schools, and Flood Protection Program projects. A preliminary project list totaling $276,000,000 is attached and is subject to change. Based on current market conditions, the City's financial advisor has recommended that this sale take place on May 14, 2024. In addition to the "new-money" sale, the Department of Finance and the City's financial advisor recommend that the City include a "current refunding" sale to refund bonds to reduce future debt service. The current interest rate environment allows the possibility of refunding the remaining portions of the 2013A and 2014A GO totaling $54.4 million and issue refunding bonds at a significant debt service savings; the minimum threshold is 3.0% for savings on interest payments. The exact amount and coupons of the issue to be refunded will be determined at a time closer to the sale date. ■Considerations: The "new-money" sale represents the City's periodic general obligation bond sale. The City's bond counsel, Kutak Rock LLP, has prepared the enclosed resolution authorizing the issuance and sale of the bonds. The bonds will be sold electronically by competitive bid, with the actions of the City Manager being conclusive; provided, the 2024 Series Bonds shall have a true interest cost not to exceed 5.0% with respect to the "new-money" bonds and 5.0% with respect to the refunding bonds. The final terms of the bond sale will be reported to the City Council shortly after pricing. ■ Public Information: Normal agenda process. The transaction was briefed to the City Council at its March 26 Workshop Session. ■ Recommendation: Adopt the attached resolution. ■ Attachment: Resolution; Project List Recommended Action: Approval Submitting Depa m Agency: Finance Department City Manager: RESOLUTION OF THE CITY OF VIRGINIA BEACH, VIRGINIA, PROVIDING FOR THE ISSUANCE AND SALE OF GENERAL OBLIGATION PUBLIC IMPROVEMENT BONDS IN THE MAXIMUM AMOUNT OF$276,000,000 TO FUND HERETOFORE AUTHORIZED PUBLIC IMPROVEMENTS AND GENERAL OBLIGATION PUBLIC IMPROVEMENT REFUNDING BONDS IN THE PRINCIPAL AMOUNT NECESSARY TO REFUND FOR SAVINGS PREVIOUSLY AUTHORIZED AND ISSUED BONDS, AND PROVIDING FOR THE FORM, DETAILS AND PAYMENT THEREOF The issuance of $72,208,245 of bonds of the City was authorized by an ordinance adopted by the City Council on May 15, 2018, without being submitted to the qualified voters of the City, to finance various public improvements, including schools, roadways, coastal projects, economic and tourism projects, building and parks and recreation projects, $41,078,863 of which have been issued and sold, leaving an unsold balance of$31,129,382. The issuance of $71,009,710 of bonds of the City was authorized by an ordinance adopted by the City Council on May 14, 2019, without being submitted to the qualified voters of the City, to finance various public improvements, including schools, roadways, coastal projects, economic and tourism projects, building and parks and recreation projects, $5,676,843 of which have been issued and sold, leaving an unsold balance of$65,332,867. The issuance of $69,741,841 of bonds of the City was authorized by an ordinance adopted by the City Council on May 12, 2020, without being submitted to the qualified voters of the City, to finance various public improvements, including schools, roadways, coastal projects, economic and tourism projects, building and parks and recreation projects, none of which have been issued and sold. The issuance of $68,652,307 of bonds of the City was authorized by an ordinance adopted by the City Council on May 11, 2021 and administratively reduced to $61,678,775, without being submitted to the qualified voters of the City, to finance various public improvements, including schools, roadways, coastal projects, economic and tourism projects, building and parks and recreation projects, none of which have been issued and sold. The issuance of $567,500,000 of bonds of the City was authorized by an ordinance adopted by the City Council on November 16, 2021, after having been submitted to and approved by the qualified voters of the City, to finance twenty-one projects for a comprehensive flood mitigation program, none of which have been issued and sold, such bond authorization having been extended for a ten year duration by Order of the Circuit Court of the City of Virginia Beach dated December 21, 2021. The issuance of $69,107,404 of bonds of the City was authorized by an ordinance adopted by the City Council on May 10, 2022, without being submitted to the qualified voters of the City, to finance various public improvements, including schools, roadways, coastal projects, economic and tourism projects, building and parks and recreation projects, none of which have been issued and sold. The issuance of $62,460,057 of bonds of the City was authorized by an ordinance adopted by the City Council on May 9, 2023, without being submitted to the qualified voters of the City, to finance various public improvements, including schools, roadways, coastal projects, economic and tourism projects, building and parks and recreation projects, none of which have been issued and sold. It has been recommended to the City Council by representatives of Davenport & Company LLC (the "Financial Advisor") that the City issue and sell a series of general obligation public improvement bonds in the maximum principal amount of$276,000,000. The City Council has determined it is in the City's best interest to issue and sell up to $31,129,382 of the bonds authorized on May 15, 2018; up to $65,332,867 of the bonds authorized on May 14, 2019; up to $61,537,751of the bonds authorized on May 12, 2020; none of the bonds authorized on May 11, 2021; and up to $118,000,000 of the bonds authorized on November 16, 2021; none of the bonds authorized on May 10, 2022; and none of the bonds authorized on May 9, 2023 The City has previously issued several series of General Obligation Public Improvement Bonds and General Obligation Public Improvement Refunding Bonds portions of which remain outstanding (the "Prior Bonds"). It has been recommended to the City Council by the Financial Advisor that the City may achieve debt service savings by refunding all or portions of certain of the Prior Bonds through the issuance of general obligation public improvement refunding bonds, subject to certain parameters set forth herein. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH,VIRGINIA: 1. Issuance of Bonds. There shall be issued, pursuant to the Constitution and statutes of the Commonwealth of Virginia, including the City Charter (Chapter 147 of the Acts of the General Assembly of 1962, as amended) and the Public Finance Act of 1991 (Chapter 26, Title 15.2, Code of Virginia of 1950, as amended), general obligation public improvement bonds of the City in the maximum principal amount of $276,000,000 (the "Public Improvement Bonds") and general obligation public improvement refunding bonds of the City in the maximum principal amount necessary to pay the principal of, premium if any, and interest on any Prior Bonds to be refunded plus related issuance costs and expenses of issuing bonds for such refunding (the "Refunding Bonds," and collectively with the Public Improvement Bonds, the "Bonds"). The proceeds of the Public Improvement Bonds will be used to provide funds to finance, in part, the costs of various public, school, road and highway, coastal, economic and tourism, buildings and parks and recreation and flood mitigation improvements, as more fully described in the ordinances authorizing the Public Improvement Bonds adopted on May 15, 2018, May 14, 2019. May 12, 2020, and November 16, 2021. The proceeds of the Refunding Bonds will be used to refund the Prior Bonds or selected maturities or portions of maturities thereof for debt service savings as herein authorized. Proceeds of the Public Improvement Bonds and Refunding Bonds may also be applied to the costs incurred in connection with issuing such obligations. 2 2. Bond Details. The Bonds may be issued in one or more series, including issuance as a combined series, and shall be designated "General Obligation Public Improvement Bonds;" provided any Bonds issued in whole or in part as Refunding Bonds shall also contain the word "Refunding" in such designation. The Bonds shall contain the series designation 2024 or such other designation as may be determined by the City Manager, shall be in registered form, shall be dated such date as may be determined by the City Manager, shall be in denominations of $5,000 and integral multiples thereof and shall be numbered R 1 or RF-1 upward as appropriate. The Bonds if issued as separate series may be sold at the same time or at different times as determined by the City Manager in consultation with the Financial Advisor, and the principal amount of each series of Bonds shall be determined by the City Manager in his discretion in consultation with the Financial Advisor. The Bonds may be sold as taxable or tax-exempt obligations as the City Manager may determine in consultation with the Financial Advisor and the City's Bond Counsel. Subject to Section 9, the issuance and sale of the Bonds are authorized on terms as shall be satisfactory to the City Manager; provided, the Bonds (a) shall have a "true" or "Canadian" interest cost not to exceed (i) 5.00% with respect to the Public Improvement Bonds and (ii) 5.00% with respect to the Refunding Bonds (in each case taking into account any original issue premium or discount), (b) shall be sold to the purchaser or purchasers thereof at a price not less than 99% of the principal amount thereof, (c) shall be subject to optional redemption beginning no later than and continuing after February 1, 2035, at an optional redemption price of no more than 102% of the principal amount to be redeemed plus accrued interest to the optional redemption date, and (d) shall mature annually in installments through serial maturities or mandatory sinking fund payments beginning no later than February 1, 2026, and ending no later than February 1, 2046 provided, however, the maturity of any Refunding Bonds shall not be later than the end of the fiscal year in which the related series of Prior Bonds to be refunded matures. Principal of the Bonds shall be payable annually on dates determined by the City Manager, which principal payment dates need not be the same for each series. Each Bond shall bear interest at such rate as shall be determined at the time of sale, calculated on the basis of a 360-day year of twelve 30-day months, and payable semiannually on dates determined by the City Manager. Principal shall be payable to the registered owners upon surrender of Bonds as they become due at the office of the Registrar (as hereinafter defined). Interest shall be payable by check or draft mailed to the registered owners at their addresses as they appear on the registration books kept by the Registrar on a date prior to each interest payment date that shall be determined by the City Manager (the "Record Date"). Principal, premium, if any, and interest shall be payable in lawful money of the United States of America. Initially, one Bond certificate for each maturity of the Bonds shall be issued to and registered in the name of The Depository Trust Company, New York, New York ("DTC"), or its nominee. The City has heretofore entered into a Blanket Issuer Letter of Representations relating to a book-entry system to be maintained by DTC with respect to the Bonds. "Securities Depository" shall mean DTC or any other securities depository for the Bonds appointed pursuant to this Section 2. In the event that (a) the Securities Depository determines not to continue to act as the securities depository for the Bonds by giving notice to the Registrar, and the City discharges its responsibilities hereunder, or (b) the City, in its sole discretion, determines (i) that beneficial owners of Bonds shall be able to obtain certificated Bonds or (ii) to select a new Securities Depository, then the City's Director of Finance shall, at the direction of the City Manager, 3 attempt to locate another qualified securities depository to serve as Securities Depository and authenticate and deliver certificated Bonds to the new Securities Depository or its nominee, or authenticate and deliver certificated Bonds to the beneficial owners or to the Securities Depository participants on behalf of beneficial owners substantially in the form provided for in Section 6; provided, that such form shall provide for interest on the Bonds to be payable (A) from the date of the Bonds if they are authenticated prior to the first interest payment date, or (B) from the interest payment date that is or immediately precedes the date on which the Bonds are authenticated (unless payment of interest thereon is in default, in which case interest on such Bonds shall be payable from the date to which interest has been paid). In delivering certificated Bonds, the City's Director of Finance shall be entitled to rely on the records of the Securities Depository as to the beneficial owners or the records of the Securities Depository participants acting on behalf of beneficial owners. Such certificated Bonds will then be registrable, transferable and exchangeable as set forth in Section 8. So long as there is a Securities Depository for the Bonds, (1) it or its nominee shall be the registered owner of the Bonds, (2) notwithstanding anything to the contrary in this Resolution, determinations of persons entitled to payment of principal, premium, if any, and interest, transfers of ownership and exchanges, and receipt of notices shall be the responsibility of the Securities Depository and shall be effected pursuant to rules and procedures established by such Securities Depository, (3) the Registrar and the City shall not be responsible or liable for maintaining, supervising or reviewing the records maintained by the Securities Depository, its participants or persons acting through such participants, (4)references in this Resolution to registered owners of the Bonds shall mean such Securities Depository or its nominee and shall not mean the beneficial owners of the Bonds, and (5) in the event of any inconsistency between the provisions of this Resolution and the provisions of the above-referenced Blanket Issuer Letter of Representations, such provisions of the Blanket Issuer Letter of Representations, except to the extent set forth in this paragraph and the next preceding paragraph, shall control. 3. Refunding Provisions The City Manager is authorized and directed to select the principal maturities of the Prior Bonds or portions of such maturities to be refunded and to cause to be called for optional redemption any such maturity or portion thereof to be redeemed prior to its stated maturity in accordance with the provisions of such bonds; provided such maturities or portions thereof selected are expected in the aggregate to provide a minimum savings of 3.00% on a net present value basis as determined by the Financial Advisor. In connection with the refunding herein authorized, the City Manager, if determined necessary or appropriate in consultation with the Financial Advisor, is authorized to retain the services of independent consultants to provide verification reports (the "Verification Agent") on aspects of the refunding and is further authorized to retain the services of one or more escrow agents (the "Escrow Agent") and to enter into escrow agreements with them to the extent needed to hold and provide for investment of all or portions of the proceeds of the Refunding Bonds and other funds as needed pending their application to refund the Prior Bonds or portions thereof selected to be refunded. 4. Redemption Provisions. 4 (a) Optional Redemption. The Bonds shall be subject to redemption prior to maturity at the option of the City Manager, in whole or in part, at any time on and after dates, if any, determined by the City Manager, with the first such optional redemption date beginning no later than February 1, 2035 as set forth in Section 2 at a redemption price equal to the principal amount to be redeemed, together with any interest accrued to the date fixed for redemption, plus a redemption premium, if any, not to exceed 2% of the principal amount to be redeemed, such redemption premium to be determined by the City Manager in consultation with the Financial Advisor. (b) Mandatory Sinking Fund Redemption. Any term bonds may be subject to mandatory sinking fund redemption upon terms determined by the City Manager. If so determined by the City Manager, the Bonds may provide that the City may take a credit against the mandatory sinking fund redemption obligation of any maturity of term Bonds in the amount of Bonds of the same maturity that have been optionally redeemed or surrendered for cancellation and have not been applied previously as such a credit. If the City wishes to take such a credit, on or before the 70t' day next preceding any such mandatory sinking fund redemption date, the City's Director of Finance may instruct the Registrar to apply a credit against the City's mandatory sinking fund redemption obligation for any Bonds of the applicable maturity that have been optionally redeemed or surrendered for cancellation by the City and have not been previously applied as a credit against any mandatory sinking fund redemption obligation for that maturity of the Bonds. Each Bond so previously optionally redeemed or surrendered shall be credited at 100% of the principal amount thereof against the principal amount of such maturity of the Bonds required to be redeemed on such mandatory sinking fund redemption date or dates for such maturity as may be selected by the Director of Finance. (c) Selection of Bonds for Redemption. If less than all of the Bonds are called for optional redemption, the maturities of the Bonds to be redeemed shall be selected by the City's Director of Finance in such manner as may be determined to be in the best interest of the City. If less than all of a particular maturity of the Bonds are called for redemption, the Bonds within such maturity to be redeemed shall be selected by the Securities Depository pursuant to its rules and procedures or, if the book-entry system is discontinued, shall be selected by the Registrar by lot in such manner as the Registrar in its discretion may determine. In either case, (a) the portion of any Bond to be redeemed shall be in the principal amount of$5,000 or some integral multiple thereof and (b) in selecting Bonds for redemption, each Bond shall be considered as representing that number of Bonds that is obtained by dividing the principal amount of such Bond by $5,000. (d) Redemption Notices. The City shall cause notice of the call for redemption identifying the Bonds or portions thereof to be redeemed to be sent by electronic transmission, facsimile transmission, registered or certified mail or overnight express delivery, not less than 30 nor more than 60 days prior to the redemption date, to the registered owner of the Bonds. The City shall not be responsible for providing notice of redemption to anyone other than DTC or another qualified Securities Depository or its nominee unless no qualified Securities Depository is the registered owner of the Bonds. If no qualified Securities Depository is the registered owner of the Bonds, notice of redemption shall be provided to the registered owners of the Bonds. If a portion of a Bond is called for redemption, a new Bond in principal amount equal to the unredeemed portion thereof will be issued to the registered owner upon the surrender thereof. 5 5. Execution and Authentication. The Bonds shall be signed by the manual or facsimile signature of the Mayor or Vice-Mayor, shall be countersigned by the manual or facsimile signature of the City Clerk or Deputy Clerk, and the City's seal shall be affixed thereto or a facsimile thereof printed thereon;provided, that if both of such signatures are facsimiles, no Bond shall be valid until it has been authenticated by the manual signature of the City Treasurer, as Registrar, or an authorized officer or employee of any bank or trust company serving as successor Registrar and the date of authentication noted thereon. 6. Bond Form. The Bonds shall be in substantially the form attached to this Resolution as Exhibit A, with such completions, omissions, insertions and changes not inconsistent with this Resolution as may be approved by the officers signing the Bonds, whose approval shall be evidenced conclusively by the execution and delivery of the Bonds. 7. Pledge of Full Faith and Credit. The full faith and credit of the City are irrevocably pledged for the payment of the principal of, premium, if any, and interest on the Bonds. Unless other funds are lawfully available and appropriated for timely payment of the Bonds, the City Council shall levy and collect an annual ad valorem tax, over and above all other taxes authorized or limited by law and without limitation as to rate or amount, on all locally taxable property in the City sufficient to pay when due the principal of, premium, if any, and interest on the Bonds. 8. Registration, Transfer and Owners of Bonds. The City Treasurer is appointed paying agent and registrar for the Bonds (the "Registrar"). The City may appoint a qualified bank or trust company as successor paying agent and registrar of the Bonds. The Registrar shall maintain registration books for the registration and registration of transfers of the Bonds. Upon presentation and surrender of any Bonds at the office of the Registrar, or at its designated corporate trust office if the Registrar is a bank or trust company, together with an assignment duly executed by the registered owner or his duly authorized attorney or legal representative in such form as shall be satisfactory to the Registrar, the City shall execute, and the Registrar shall authenticate, if required by Section 5, and shall deliver in exchange, a new Bond or Bonds having an equal aggregate principal amount, in authorized denominations, of the same form and maturity, bearing interest at the same rate and registered in the name as requested by the then registered owner thereof or its duly authorized attorney or legal representative. Any such transfer or exchange shall be at the expense of the City, except that the Registrar may charge the person requesting such transfer or exchange the amount of any tax or other governmental charge required to be paid with respect thereto. The Registrar shall treat the registered owner as the person or entity exclusively entitled to payment of principal, premium, if any, and interest and the exercise of all other rights and powers of the owner, except that interest payments shall be made to the person or entity shown as owner on the registration books as of the Record Date. 9. Sale of Bonds. The City Council approves the following terms of the sale of the Bonds. The Bonds shall be sold by competitive bid in a principal amount to be determined by the City Manager, in collaboration with the Financial Advisor, and subject to the limitations set forth in Sections 1 through 4, and the City Manager shall receive bids for the Bonds and award the Bonds to the bidder providing the lowest "true" or "Canadian" interest cost, subject to the sale 6 provisions and limitations set forth in Section 2. Following the sale of the Bonds, the City Manager shall file a certificate with the City Clerk setting forth the final terms of the Bonds. The actions of the City Manager in selling the Bonds shall be conclusive, and no further action with respect to the sale and issuance of the Bonds shall be necessary on the part of the City Council. 10. Notice of Sale. The City Manager, in collaboration with the Financial Advisor, is authorized and directed to take all proper steps to advertise the Bonds for sale substantially in accordance with the form of the Official Notice of Sale, which form is attached as an Appendix to the draft of the Preliminary Official Statement described in Section 11 below, and which form is approved;provided, that the City Manager, in collaboration with the Financial Advisor, may make such changes in the Official Notice of Sale not inconsistent with this Resolution as he may consider to be in the best interest of the City. 11. Official Statement. A draft of a Preliminary Official Statement relating to the Bonds, a copy of which has been provided or made available to each member of the City Council, is approved as the form of the Preliminary Official Statement by which the Bonds will be offered for sale, with such completions, omissions, insertions and changes not inconsistent with this Resolution as the City Manager, in collaboration with the Financial Advisor, may consider appropriate. After the Bonds have been sold, the City Manager, in collaboration with the Financial Advisor, shall make such completions, omissions, insertions and changes in the Preliminary Official Statement not inconsistent with this Resolution as are necessary or desirable to complete it as a final Official Statement for the Bonds, execution thereof by the City Manager to constitute conclusive evidence of his approval of any such completions, omissions, insertions and changes. The City shall arrange for the delivery to the purchaser of the Bonds of a reasonable number of copies of the final Official Statement by the earlier of seven business days after the Bonds have been sold or the date of issuance thereof, for delivery to each potential investor requesting a copy of the Official Statement and for delivery to each person to whom such purchaser initially sells Bonds. 12. Official Statement Deemed Final. The City Manager is authorized, on behalf of the City, to deem the Preliminary Official Statement and the Official Statement in final form for the Bonds, each to be final as of its date within the meaning of Rule 15c2-12 ("Rule 15c2-12") of the Securities and Exchange Commission (the "SEC"), except for the omission in the Preliminary Official Statement of certain pricing and other information permitted to be omitted pursuant to Rule 15c2-12. The distribution of the Preliminary Official Statement and the Official Statement in final form shall be conclusive evidence that each has been deemed final as of its date by the City, except for the omission in the Preliminary Official Statement of such pricing and other information permitted to be omitted pursuant to Rule 15c2-12. 13. Preparation and Delivery of Bonds. After bids have been received and the Bonds have been awarded to the winning bidder, the officers of the City are authorized and directed to take all proper steps to have the Bonds prepared and executed in accordance with their terms and to deliver the Bonds to the purchaser thereof upon payment therefor. 14. Arbitrage Covenants. The City covenants that it shall not take or omit to take any action the taking or omission of which will cause the Bonds to be "arbitrage bonds" within the meaning of Section 148 of the Internal Revenue Code of 1986, as amended, and regulations 7 issued pursuant thereto (the"Code"), or otherwise cause interest on the Bonds to be includable in the gross income of the registered owners thereof under existing laws. Without limiting the generality of the foregoing, the City shall comply with any provision of law that may require the City at any time to rebate to the United States any part of the earnings derived from the investment of the gross proceeds of the Bonds, unless the City receives an opinion of nationally recognized bond counsel that such compliance is not required to prevent interest on the Bonds from being includable in the gross income of the registered owners thereof under existing law. The City shall pay any such required rebate from its legally available funds. 15. Non-Arbitrage Certificate and Elections. Such officers of the City as may be requested are authorized and directed to execute an appropriate certificate setting forth the reasonably expected use and investment of the proceeds of the Bonds in order to show that such reasonably expected use and investment will not violate the provisions of Section 148 of the Code, and any elections such officers deem desirable regarding rebate of earnings to the United States, for purposes of complying with Section 148 of the Code. Such certificate and elections shall be in such form as may be requested by bond counsel for the City. 16. Limitation on Private Use. The City covenants that it shall not permit the proceeds of the Bonds or the facilities financed with the proceeds of the Bonds to be used in any manner that would result in (a) 5% or more of such proceeds or of the facilities financed with such proceeds being used in a trade or business carried on by any person other than a governmental unit, as provided in Section 141(b) of the Code, (b) 5% or more of such proceeds or the facilities being financed with such proceeds being used with respect to any output facility (other than a facility for the furnishing of water), within the meaning of Section 141(b)(4) of the Code, or (c) 5% or more of such proceeds being used directly or indirectly to make or finance loans to any person other than a governmental unit, as provided in Section 141(c) of the Code; provided, that if the City receives an opinion of nationally recognized bond counsel that any such covenants need not be complied with to prevent the interest on the Bonds from being includable in the gross income for federal income tax purposes of the registered owners thereof under existing law, the City need not comply with such covenants. 17. Post-Issuance Compliance. The Post Issuance Compliance Procedures established as directed by resolution of the City Council adopted on March 13, 2012 and as amended from time to time will apply to the Bonds to ensure that the proceeds of the Bonds and the projects financed with such proceeds are used in compliance with the provisions of federal tax law applicable to tax-exempt governmental obligations. 18. Continuing Disclosure Agreement. The Mayor, the City Manager and such officer or officers of the City as either may designate are hereby authorized and directed to execute and deliver a continuing disclosure agreement setting forth the reports and notices to be filed by the City and containing such covenants as may be necessary to assist the purchaser of the Bonds in complying with the provisions of Rule 15c2-12. Such continuing disclosure agreement shall be substantially in the form attached as an Appendix to the draft of the Preliminary Official Statement described in Section 11 above, which form is approved with such completions, omissions, insertions and changes that are not inconsistent with this Resolution. The Mayor, the City Manager and such other officers of the City as either may designate are further authorized to the extent necessary or appropriate to develop, implement or enhance 8 procedures to ensure compliance with the City's undertakings related to Rule 15c2-12 for all obligations issued and to be issued by the City to which such Rule applies. 19. Other Actions. All other actions of officers of the City and of the City Council in conformity with the purposes and intent of this Resolution and in furtherance of the issuance and sale of the Bonds are hereby ratified, approved and confirmed. The City Manager or his designee is authorized to transfer funds to the City of Virginia Beach Public Schools for projects to be reimbursed from proceeds of the Bonds, and any funds previously transferred for such purpose is hereby ratified, confirmed and shall be reimbursed from proceeds of the Bonds. The officers of the City are authorized and directed to execute and deliver all certificates and instruments and to take all such further action as may be considered necessary or desirable in connection with the issuance, sale and delivery of the Bonds. 20. Investment Authorization. The City Council hereby authorizes the Director of Finance to direct the City Treasurer to utilize the State Non-Arbitrage Program of the Commonwealth of Virginia ("SNAP") in connection with the investment of certain of the proceeds of the Bonds, if the City Manager and the Director of Finance determine that the utilization of SNAP is in the best interest of the City. The City Council acknowledges that the Treasury Board of the Commonwealth of Virginia is not, and shall not be, in any way liable to the City in connection with SNAP, except as otherwise provided in the SNAP Contract. 21. Repeal of Conflicting Resolutions. All resolutions or parts of resolutions in conflict herewith are repealed. 22. Effective Date. This Resolution shall take effect immediately. Exhibit A—Form of Bond 9 Exhibit A—Form of Bond Unless this certificate is presented by an authorized representative of The Depository Trust Company, a New York corporation ("DTC"), to the issuer or its agent for registration of transfer, exchange or payment, and this certificate is registered in the name of Cede & Co., or in such other name as is requested by an authorized representative of DTC (and any payment is made to Cede & Co. or to such other entity as is requested by an authorized representative of DTC), ANY TRANSFER, PLEDGE, OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL inasmuch as the registered owner hereof, Cede & Co., has an interest herein. REGISTERED REGISTERED No. UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH General Obligation Public [and Refunding] Improvement Bond Series 2024A INTEREST RATE MATURITY DATE DATED DATE CUSIP % 92024 REGISTERED OWNER: CEDE & CO. PRINCIPAL AMOUNT: DOLLARS The City of Virginia Beach, Virginia (the "City"), for value received, promises to pay, upon surrender hereof to the registered owner hereof, or registered assigns or legal representative, the Principal Amount stated above on the Maturity Date stated above, subject to prior redemption as hereinafter provided, and promises to pay interest hereon from the Dated Date stated above on each and , beginning , 20 , at the annual Interest Rate stated above, calculated on the basis of a 360-day year of twelve 30-day months. Principal, premium, if any, and interest are payable in lawful money of the United States of America by the City Treasurer, who has been appointed Registrar (the "Registrar"). The City may appoint a qualified bank as successor paying agent and registrar for the bonds. Notwithstanding any other provision hereof, this bond is subject to a book-entry system maintained by The Depository Trust Company ("DTC"), and the payment of principal, premium, if any, and interest, the providing of notices and other matters shall be made as described in the City's Blanket Issuer Letter of Representations to DTC. This bond is one of an issue of$ General Obligation Public Improvement [nd Refunding] Bonds, Series 2024A (the "Bonds"), of like date and tenor, except as to number, denomination, rate of interest, privilege of redemption and maturity, and is issued pursuant to the Constitution and statutes of the Commonwealth of Virginia, including the City Charter and the Public Finance Act of 1991. The Bonds have been authorized by ordinances adopted by the City Council of the City of Virginia Beach (the "City Council") on May 15, 2018, May 14, 2019. May 12, 2020, May 11, 2021, and November 16, 2021, and are being issued pursuant to a resolution adopted by the City Council on April 16, 2024 (the "Bond Resolution"), to finance various public, school, road and highway, coastal, economic and tourism, building and parks and recreation and flood mitigation improvements and to pay costs of issuance of the Bonds. The Bonds maturing on or before , 20_, are not subject to optional redemption prior to maturity. The Bonds maturing on or after , 20_, are subject to redemption prior to maturity at the option of the City on or after , 20_ in whole or in part at any time (in any multiple of$5,000), upon payment of the following redemption prices (expressed as a percentage of principal amount of the Bonds to be redeemed) plus interest accrued and unpaid to the date fixed for redemption: Period During Which Redeemed (Both Dates Inclusive) Redemption Price [The Bonds maturing on , 20 , are required to be redeemed in part before maturity by the City on , 20_,in the years and amounts set forth below, at a redemption price equal to 100% of the principal amount of the Bonds to be redeemed, plus interest accrued and unpaid to the date fixed for redemption: Year Amount Year Amount The Bond Resolution provides for a credit against the mandatory sinking fund redemption of the Bonds maturing on , 20_ in the amount of Bonds of the same maturity that have been optionally redeemed or surrendered for cancellation and have not been applied previously as such a credit.] If less than all of the Bonds are called for optional redemption, the maturities of the Bonds to be redeemed shall be selected by the City's Director of Finance in such manner as may be determined to be in the best interest of the City. If less than all the Bonds of a particular maturity are called for redemption, the Bonds within such maturity to be redeemed shall be selected by DTC or any successor securities depository pursuant to its rules and procedures or, if the book entry system is discontinued, shall be selected by the Registrar by lot in such manner as the Registrar in its discretion may determine. In either case, (a) the portion of any Bond to be redeemed shall be in the principal amount of$5,000 or some integral multiple thereof and (b) in selecting Bonds for redemption, each Bond shall be considered as representing that number of Bonds that is obtained by dividing the principal amount of such Bond by $5,000. A-2 The City shall cause notice of the call for redemption identifying the Bonds or portions thereof to be redeemed to be sent by electronic transmission, facsimile transmission, registered or certified mail or overnight express delivery, not less than 30 nor more than 60 days prior to the redemption date, to DTC or its nominee as the registered owner hereof. If a portion of this bond is called for redemption, a new Bond in the principal amount of the unredeemed portion hereof will be issued to the registered owner upon surrender hereof. The full faith and credit of the City are irrevocably pledged for the payment of principal of, premium, if any, and interest on this bond. Unless other funds are lawfully available and appropriated for timely payment of this bond, the City Council shall levy and collect an annual ad valorem tax, over and above all other taxes authorized or limited by law and without limitation as to rate or amount, on all taxable property within the City sufficient to pay when due the principal of, premium, if any, and interest on this bond. The Registrar shall treat the registered owner of this bond as the person or entity exclusively entitled to payment of principal of and interest on this bond and the exercise of all other rights and powers of the owner, except that interest payments shall be made to the person or entity shown as the owner on the registration books on the 15th day of the month preceding each interest payment date. In the event a date for the payment of principal, redemption price, or interest on this bond is not a business day, then payment of principal, redemption price, and interest on, this bond shall be made on the next succeeding day which is a business day, and if made on such next succeeding business day, no additional interest shall accrue for the period after such payment or redemption date. All acts, conditions and things required by the Constitution and statutes of the Commonwealth of Virginia to happen, exist or be performed precedent to and in the issuance of this bond have happened, exist and have been performed, and the issue of Bonds of which this bond is one, together with all other indebtedness of the City, is within every debt and other limit prescribed by the Constitution and statutes of the Commonwealth of Virginia. IN WITNESS WHEREOF, the City of Virginia Beach, Virginia, has caused this bond to be signed by its Mayor, to be countersigned by its Clerk, its seal to be affixed hereto, and this bond to be dated the Dated Date stated above. COUNTERSIGNED: (SEAL) Clerk, City of Virginia Beach, Virginia Mayor, City of Virginia Beach, Virginia A-3 ASSIGNMENT FOR VALUE RECEIVED the undersigned sell(s), assign(s) and transfer(s) unto: (Please print or type name and address, including postal zip code, of Transferee) PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF TRANSFEREE: the within bond and all rights thereunder, hereby irrevocably constituting and appointing , Attorney, to transfer said bond on the books kept for the registration thereof, with full power of substitution in the premises. Dated: Signature Guaranteed: NOTICE: Signature(s) must be (Signature of Registered Owner) guaranteed by an Eligible Guarantor NOTICE: The signature above must Institution such as a Commercial Bank, Trust correspond with the name of the registered Company, Securities Broker/Dealer, Credit owner as it appears on the front of this bond in Union or Savings Association who is a every particular, without alteration or member of a medallion program approved by enlargement or any change whatsoever. The Securities Transfer Association, Inc. A-4 Requires an affirmative vote by a majority of the members of the City Council. Adopted by the City Council of the City of Virginia Beach, Virginia, this day of April 2024. APPROVED AS TO CONTENT- APPROVED AS TO LEGAL SUFFICIENCY: Finance Department 1 Attomey's Office CA16471 R-1 April 5,2024 4884-M-5617.1 I City of Virginia Beach,Virginia 2024A General Obligation Bond Sale-$276 million Preliminary Project List' City Expenditures 6/4/2021-2/29/2024 and Future Needs and Schools Expenditures 7/1/2021-2/29/2024 and Future Needs Project Expenditures Project Number&Name Reimbursement Forward Issuance Total Amount Buildings&Assets 100181 FIRE-RESCUE STATION BURTON STATION $ 6,710,739 $ - $ 6,710,739 100291 OPERATIONS FACILITIES RENOVATIONS 46,891,182 28,196,584 75,087,766 TOTAL BUILDINGS&ASSETS 53,601,921 28,196,584 81,798,505 Roadways 100183 FIRST COLONIAL RD-VB BLVD INTERSECTION 6,000,427 - 6,000,427 100235 LANDSTOWN ROAD IMPROVEMENTS PHASE 1 1,678,059 1,678,059 100240 LASKIN ROAD BRIDGE REPLACEMENT 10,216,664 10,216,664 100242 LASKIN ROAD-PHASE I-A(VDOT) 10,396,079 10,396,079 100268 MAJOR BRIDGE REHABILITATION-PHASE II 6,193,589 6,193,589 100276 NIMMO PARKWAY PHASE II-A 1,751,834 1,751,834 100356 SANDBRIDGE ROAD-NIMMO-PHASE VII-A 13,882,876 13,882,876 100381 SHORE DRIVE CORRIDOR IMPRV-PHASE III 1,925,878 1,925,878 100483 WEST NECK ROAD-PHASE IV 7,641,578 7,641,578 100529 ELBOW ROAD EXTENDED—PHASE 11-B 1,932,618 1,932,618 100401 STREET RECONSTRUCTION-PHASE 11 4,581,893 4,581,893 TOTAL ROADWAYS 66,201,495 - 66,201,49S TOTAL GENERAL GOVERNMENT 119,803,416 28,196,584 148,000,000 Schools 601017 RENOV&REPLACE-GROUND PH 111 1,891,173 1,891,173 601018 RENOV&REPLACE-HVAC PH III 2,225,878 1,988,314 4,214,192 601019 RENOV&REPLACE-REROOFING PH 111 3,894,635 3,894,635 TOTAL SCHOOLS 8,011,686 1,988,314 10,000,000 TOTAL GENERAL GOVERNMENT&SCHOOLS 127,815,102 30,184,898 158,000,000 Flood Protection Program-Referendum 100062 CENTRAL RESORT DISTRICT DRAINAGE IMPROVEMENT 1,014,930 1,644,630 2,659,560 100418 THE LAKES HOLLAND ROAD GATE 97,499 5,912,925 6,010,424 100487 WINDSOR WOODS PUMP STATION 489,203 12,066,250 12,555,453 100516 BOW CREEK STORMWATER PARK 11,041,996 30,051,310 41,093,306 100517 PRINCESS ANNE PLAZA NORTH LONDON BRIDGE 3,420,250 22,822,430 26,242,680 100538 EASTERN SHORE DRIVE-ELEVATE LYNNHAVEN DRIVE - 535,655 535,655 100548 PUNGO FERRY RD IMPROVEMENTS 361,339 1,200,400 1,561,739 100551 STORMWATER GREEN INFRASTRUCTURE 1,361,887 6,639,135 8,001,022 100553 WINDSOR WOODS-THALIA CREEK-LAKE TRASHMORE IMPROVEMENTS - 758,090 758,090 100595 CHUBB LAKE-LAKE BRADFORD PUMP STATION AND OUTFALL 433,351 331,700 765,051 100596 CHURCH POINT-THOROUGHGOOD BMP AND DRAINAGE IMPROVEMENTS 69,134 1,181,000 1,250,134 100597 EASTERN SHORE DRIVE-PH 1 SECTION 1F IMPROVEMENTS 97,875 1,600,640 1,698,515 100598 EASTERN SHORE DRIVE-PH 1 SECTION 1G IMPROVEMENTS 97,875 436,070 533,945 100599 EASTERN SHORE DRIVE-POINCIANA PUMP STATION 431,287 1,463,550 1,894,837 100600 SEATACK NEIGHBORHOOD DRAINAGE IMPROVEMENTS 546,085 3,749,310 4,295,395 100601 FIRST COLONIAL ROAD&OCEANA BOULEVARD DRAINAGE IMPROVEMENTS 278,934 3,138,802 3,417,736 100602 WEST NECK CREEK BRIDGE 385 735,000 735,385 100603 SANDBRIDGE/NEW BRIDGE INTERSECTION IMPROVEMENTS 272,364 220,490 492,854 100604 THE LAKES-FLOOD BARRIERS 97,499 1,627,500 1,724,999 100605 WINDSOR WOODS-FLOOD BARRIERS - 1,773,220 1,773,220 TOTAL FLOOD PROTECTION PROGRAM-REFERENDUM 20,111,893 97,888,107 118,000,000 TOTAL PROJECT FUNDS $ 147,926,99S $ 128,073,005 $ 276,000,000 1 Preliminary and subject to change. z Amounts for projected future spending will be sent to State Non-Arbitrage Program(SNAP)in a new SNAP account for draw-down over a 24- month period from bond closing. Source:City of Virginia Beach,Department of Finance U s� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution to Grant a Permit to Hospital to Home LLC for Ambulance Services MEETING DATE: April 16, 2024 ■ Background: Code of Virginia Section 32.1-111.14 and City Code Section 10.5- 2 require any organization that desires to operate an emergency medical services agency or emergency medical services vehicles in Virginia Beach for emergency or non-emergency transport purposes apply for a permit authorizing its operation. The permit may only be granted by City Council. ■ Considerations: Hospital to Home LLC's (a/k/a H2H Emergency Services) application for the operation of a private EMS agency was processed by the Department of Emergency Medical Services. The Department of Emergency Medical Services is recommending approval of the application as necessary to assure the provision of adequate and continuing emergency services and to preserve, protect and promote the public health, safety and general welfare. If granted, this permit will be effective immediately and until June 30, 2025. The City Code provides that permits shall be valid until June 30th, regardless of when they are issued. If the applicant remains in compliance and seeks renewal, the applicant's renewal request will be included with all of the other permit renewals, which are brought to the City Council for its consideration each June. ® Public Information: Public information will be handled through the normal agenda process. ® Recommendations: Approve Resolution. • Attachments: Resolution and application. Recommended Action: Approval Submitting Dep t/Agency: Department of Emergency Medical Services �S City Manager: 1 A RESOLUTION TO GRANT A PERMIT TO HOSPITAL TO 2 HOME LLC FOR AMBULANCE SERVICES 3 4 WHEREAS, in accordance with Code of Virginia § 32.1-111.14 and City Code § 5 10.5-2, any individual or organization that desires to operate an emergency medical 6 services agency or emergency medical services vehicles in Virginia Beach for emergency 7 transport or non-emergency transport purposes must apply for a permit; and 8 9 WHEREAS, an application for a permit has been received from Hospital to Home 10 LLC, a/k/a H2H Emergency Services; and 11 12 WHEREAS, the Virginia Beach Department of Emergency Medical Services 13 recommends approval of the application; and 14 15 WHEREAS, the City Council finds the approval of this application is in the best 16 interests of the citizens of Virginia Beach as it will assure continued and adequate 17 emergency services and will preserve, protect and promote the public health, safety and 18 general welfare of the citizens. 19 20 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 21 VIRGINIA BEACH, VIRGINIA: 22 23 That Hospital to Home LLC, a/k/a H2H Emergency Services is hereby granted an 24 emergency medical services permit in accordance with City Code § 10.5-2, effective 25 immediately and until June 30, 2025. 26 27 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 28 , 2024. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: E rgency Medical Services City A or ice CA16207 R-2 April 5, 2024 rC'� ^) ��r i�> City of Virgi ni� Seact-� �Jv _ iAj DEPARTMENT OF EMERGENCY MEDICAL SERVICES COMMERCIAL.EMS AGENCY PERMIT APPLICATION FOR CYCLE BEGU#M G AJLY 1 OF — - --YEAR: 2024 y AGENCY COMMON NAME: H2H Emergency Services as axwwft onWvd**s LEGAL.NAME: Hospital to Home LLC. M�pffeant -- FED TAX IDS:- - 853178817 WEB ADDRESS: 'hospitWkt m k.Com VADOH OEM§AGEKY#: 150594 1112024 - I CLASSIFICATION OF LICENSE: EMS Amy HAS YOUR AGENCY EVER BEEN PERMUTED TO OPERATE M VIRGUM BEACH? �_ -- Yes,currently: ! Yes,but not currertfy: _ �■—� FOR PERMITTING&EXECJTNE ODNGERM WHAT IS YOUR CHIEF EXECUTIVE OFFICER'S... NAPV John Yates ' 2812 Emerywood Pkwy street aftem or Po boos.cRr.VAbk alp Richmond,VA 23294 EMAL ADDRESS? Ohn@hospftal elic.com I PHONE V? MVa1c: 804-8404M Cd: Same I i FOR OPERATIONS IN THE VIRGINIA BEACH AREA.- PLACE OF OPERATIONS ADDRESS: 10525 Jefferson Ave S&W addrusirit CRY,$W^* �Newport News,VA 23601 no F0 box OFFICER IN CNARGE(01C)NAME: Jay Rupkey,NREMT-P OIC EMAIL ADDRESS: Jay.RUpkey@hospftaftohoMe1C.CoM OIC PHONE#: WO& 804-625-91W Same DO YOU*0 ONE OR MORE AMBULANCES MMY STAFFED 2M" NO: HAVE WE ISSUED YOU A RADIO ON OUR RADIO SYSTEM? Yew FOR CALLS FOR SERVICE IN THE VI 40M BEACH AREA,WHAT IS THE RKME*FOP— VB EMS DEPT/911 CENTER USE? We don't assist with 911 unless there is an agreement in place 'I HOSPITAL USE? 804-718-1006 —0*m— HEALTH FACILITY/OFFICE/CLINIC USE? 804-718-1006 MEMBER OF THE PUBLIC USE? W4-718-1006 i i i WHO IS YOUR OPERATIONAL MEDICAL DIRECTOR? NAME: Michael Fenms,MD i SAIL ADS: Michael.Ferras@gmail.com PHONE a: Work: Cd: 804-221-6814 r f i 1,the undersigned,am iegaly aLt horeaed Oo sign Cis oppfremon for the cmiparty. The irtborm W oontshW herein is true and aoeca The aanpany aontpies with the Whim regdremem as$ac forth in the orre t Vigk*Emageny Mahfcal saviors Regulations,12 VA[5-31,as amatde. The u m w hatdprsW&that R may rat preside any 86 Semmes wthn the lily of Vkgb*Desch wMW a esrrtfk vW City of VYgYtia Beech Comwordai 06 A¢ncy Pen and vi<gira 0EP4S BP6 AgwkV Uee w The aongtny tsderstards that st W a Vkoft Beach Canmerclal 06 Agow Past to operate wifhn the Ck of VgOnb Beach be issued,t does not atettoetae a response arts wKw the Oty. ShmW the aomperw need to dump is opetabmw or adn*dsbadve ollioes,corporateerr e-r I, I Inforr wor,4 or level of service;or t olllb aOe service;or have a dnrme in b state issued-,, , ,(sr the aampww shad no*the Vtrgrhia Bach EMS Dwwbnw t wAVdm 10 days of the ever4s)� BV I I I 1irh9 t* age lcy peat app6tlars,tte mnpany agrees ntac t*d strut to ate Vkob Desch E M5 DMwbsaht any eerhetta's,eh.hgex or a+faraenes acts m assodakd wim the aompmys WE Agemy Ucerm wOm 10 days of sad aaton(s). The cm party uderstwxb that Padre Io aornpiy wtlh these terms neat'rest in its peat tD opome o Vi"Basch beam strsperded or revalmd. Your signature: DATE: zap( I I AM THE: CEO listed shone: Operations Oilioer Wi above: I Return this forth to: Divis W chief Tyler KCST tkmP dwovcom Regtttat w&EMotu merit Services Virginia Beach EMS Depa Unent 4160 Virginia Beads BW Ysginia Beads VA 23452 MY USE ONLY Va 8eoh opmnte'rdal EMS agtstty BLS At5 NEONATAL AIR damn: EMERGENCY NEW RENEWAL REMATEMENT h r i DISCLOSURE STATEMENT FORM The Virginia Beach City Council requires you to declare your relationships to certain service providers and financial institutions so that it can determine if any City Council members have conflicts of interest in the application you are bringing before them. Organization name: C _ Lt Indicate if you receive any of the following services, and if so,from whom: YES NO i SERVKE — f PROVIDER to : a F1 needed( i ® ❑ Accounting and/or preparation I tax returns AACcow v-\ Financial Services(include bank ® j M institutions.lending institutions, j/ 5 and current mortgage(holders as applicable) f f r,, ]� U IE] �Services w111�aM+5 I/�llt�t 1�n ' ' h r� ,,r CERTIFICATION: I certify that all of the information contain4in this Disclosure Statement Form is complete,true,and accurate. 1 understand 1 am responsible for updating the information provided herein if it changes prior to the Council action upon this Application. AppLICANrssl T E Qom, rcS�,� �,g.I�' �Lt__�•�" Z ��Z`�------ NAME DATE �y f CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Adopt the 2024 Housing Choice Voucher Annual Agency Plan and Revised Administrative Plan and to Authorize the City Manager to Execute and Submit the Plans to the U.S. Department of Housing and Urban Development MEETING DATE: April 16, 2024 ■ Background: The Department of Housing & Neighborhood Preservation (DHNP) operates the federally funded Housing Choice Voucher (HCV) program, formerly known as the Section 8 program. The U.S. Department of Housing and Urban Development (HUD) requires agencies that operate HCV programs to submit an Annual Agency Plan for each fiscal year in which federal funding is received for its HCV Programs and an Administrative Plan. The Annual Agency Plan updates HUD on DHNP's progress in achieving the goals of the current Five-Year Plan. It also describes the organization of the HCV program, includes certifications demonstrating HNP compliance with applicable laws, HUD rules and regulations, and describes the strategies used to address affordable rental housing needs in the City. ■ Considerations: The approved plans must be submitted electronically to HUD no later than April 17, 2024. Implementation will occur effective July 1, 2024. ■ Public Information: DHNP provided a 45-day public comment period, as required by HUD, beginning on Feb. 23, 2024, and ending on April 8, 2024. A virtual public hearing was also held during the HCV Resident Advisory Board meeting on April 8, 2024. ■ Recommendations: Adopt the attached ordinance. ■ Attachments: Ordinance; Housing Choice Voucher Annual Agency Plan; Administrative Plan Executive Summary; Compliance Certificate Recommended Action: Approval Submitting Department/Agency: Housing & Neighborhood Preservation City Manager: / 1 AN ORDINANCE TO ADOPT THE 2024 HOUSING CHOICE 2 VOUCHER ANNUAL AGENCY PLAN AND REVISED 3 ADMINISTRATIVE PLAN AND TO AUTHORIZE THE CITY 4 MANAGER TO EXECUTE AND SUBMIT THE PLANS TO 5 THE U.S. DEPARTMENT OF HOUSING AND URBAN 6 DEVELOPMENT 7 8 WHEREAS, the City's Department of Housing and Neighborhood Preservation 9 ("DHNP") operates the federally funded Housing Choice Voucher Program ("HCV"), 10 formerly known as the Section 8 Program; 11 12 WHEREAS, the U.S. Department of Housing and Urban Development ("HUD") 13 requires agencies that operate HCV programs to submit an HCV Administrative Plan and 14 either: (i) an Annual Agency Plan for each fiscal year in which DHNP receives federal 15 funding for its HCV Program; and (ii) an HCV Administrative Plan; 16 17 WHEREAS, the Annual Agency Plan provides an update to HUD on DHNP's 18 progress in achieving the goals of the current Five-Year Plan; 19 20 WHEREAS, the purpose of the HCV Administrative Plan is to describe in detail the 21 operational procedures of the HCV program in DHNP. 22 23 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 24 VIRGINIA BEACH, VIRGINIA, THAT: 25 26 1. The DHNP's Annual Agency Plan and Revised HCV Administrative Plan forthe 27 Housing Choice Voucher Program (the "Plans") are hereby approved, provided 28 such Plans conform in all material aspects to the Annual Plan and Executive 29 Summary of Administrative Plan attached hereto; and 30 31 2. The City Manager is hereby authorized to execute and submit the Plans and 32 any certifications regarding such Plans to the U.S. Department of Housing and 33 Urban Development. Adopted by the Council of the City of Virginia Beach, Virginia on the _ day of 2024. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Housing & Neighborhood Preservation rn y's Office CA 16490 R-'I April 2, 2024 Executive Summary 2024 Housing Choice Voucher—Annual and Administrative Plans Department of Housing and Neighborhood Preservation March 28, 2024 Federally Required Plans for the Housing Choice Voucher Program The Department of Housing&Neighborhood Preservation (DHNP)operates the federal Housing Choice Voucher Program (HCV) in the city. The program provides funding for rental subsidies for over 2,000 households in Virginia Beach and in some cases in neighboring cities. Funding for the HCV program is from the U.S. Department of Housing and Urban Development. In order to comply with all Federal requirements for this program, the city must establish policy and procedures to ensure consistency in program operation and adopt the following plans: Plan Name Summary Purpose and Status Content Five Year Provides long term guidance This plan was developed Agency Plan for the program and adopted by Council in 2020. Annual Agency Describes the agency's plan Developed by staff and Plan for the current year, proposed for adoption by consistent with the five-year Council with this ordinance plan Administrative Describes in detail how the Amendments have been Plan HCV program will operate developed by staff and are proposed for adoption by Council with this ordinance Pursuant to 24 CFR 982.54 the VBDHNP must adopt a written administrative plan that establishes local policies for administration of the (HCV)program in accordance with HUD requirements. The administration plan and any revisions of the plan must be formally adopted by the City Council. This is required because Virginia Beach does not have a housing authority and,therefore no board of commissioners. The administrative plan states VBDHNP's policy on matters for which the VBDHNP has discretion to establish local policies. The plan must be in accordance with HUD regulations and requirements. The current administrative plan was approved by the Virginia Beach City Council on April 6, 2021, and subsequently submitted to the Department of Housing and Urban Development. The administrative plan is a required attachment for the agencies Five Year and Annual Agency Plans which are also submitted by the VBDHNP. 1 Executive Summary 2024 Housing Choice Voucher—Annual and Administrative Plans Department of Housing and Neighborhood Preservation March 28, 2024 CONTENTS OF THE PLAN Federal regulations 24 CFR 982.54 further stipulate the VBDHNP administrative plan must cover VBDHNP policies on the following subjects: • Assisting a family that claims that illegal discrimination has prevent the family from leasing a suitable unit(Chapter 2); • Occupancy polices, including definition of what group of persons may qualify as a"family",definition of when a family is considered to be"continuously assisted"(Chapter 3); • How to determine who remains in the program is a family breaks up(Chapter 3); • Providing information about a family to prospective owners(Chapters 3 and 9); • Selection and admission of applicants from the DHNP waiting list, including any DHNP admissions preferences,procedures for removing applicant names from the waiting list, and procedures for closing and reopening the DHNP waiting list (Chapter 4); • Any special rules for use of available funds when HUD provides targeted funding to the DHNP for special purposes(e.g. Mainstream, IDD), including funding for specified families or specified category of families(Chapter 4); • Issuing or denying vouchers, including DHNP policy on governing the voucher term and any extensions or suspensions of the voucher term. "Suspension"means stopping the clock on the term of a family's voucher after the family submits a request for"approval of the tenancy"(Chapter 5); • Subsidy standards (Chapter 5); • The process for establishing and revising voucher payment standards(Chapter 6); • The method of determining reasonable rent to owners (Chapter 8); • Procedural guidelines and performance standards for conducting required housing quality standard inspections(Chapter 8); • Special policies concerning special housing types in the program (e.g. use of shared housing)(Chapter 9); • DHNP screening of applicants for family behavior or suitability for tenancy (Chapter 9); 2 Executive Summary 2024 Housing Choice Voucher—Annual and Administrative Plans Department of Housing and Neighborhood Preservation March 28, 2024 • Restrictions on the number of moves by a participant family (Chapter 10); • Interim re-determinations of family income and composition(Chapter 11); • Standards for denying admissions or terminating assistance based on criminal activity or alcohol abuse in accordance with 982.553 (Chapters 12); • Family absence from the dwelling unit(Chapter 12); • Policies concerning debts owed by families to DHNP(Chapter 12); • Encouraging participation by owners of suitable units located outside of areas of low income(Chapter 13); • Disapproval of owners(Chapter 13); • Informal review procedures for applicants(Chapter 14); • Informal hearing procedures for participants (Chapter 14); • Approval by City Council or other authorized officials to establish/change the maximum amount that may be charged against the unrestricted net position (UNP)and administrative fee reserve(Chapter 16); Additional Detail on Plan Contents Annual Agency Plan: This plan must be submitted annually. The plan was developed by staff and contains the following information: • Eligibility, selection and admissions policies, including de-concentration and wait list procedures • Financial resources • Rent determination procedures • Operations and management • Grievance procedures • Civil rights certifications • Fiscal year audit • Housing needs for the area • Strategy for meeting housing needs • Progress in meeting mission and goals • Any significant amendment and substantial deviations or modifications 3 Executive Summary 2024 Housing Choice Voucher—Annual and Administrative Plans Department of Housing and Neighborhood Preservation March 28, 2024 • Any plan elements that have been revised since the last Annual Plan certification • A listing of the locations where key elements of the Plan can be found As mentioned, many of the above requirements are contained in documents that are maintained in the offices of DHNP. Those documents and their location can merely be cited rather than included in this plan. In addition to City Council adoption of the 2024 Agency Plan (HUD Form 50077-ST), there must also be approval of two other HUD required certifications. A copy of those certifications is attached to this executive summary. The first certification is HUD Form 50077-ST-HCV-HP which speaks to DHNP's compliance with various program and statutory requirements including Fair Housing, Title VI, or the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act, ADA regulations and various other federal laws. The second certification is HUD Form 50077-SL which states that the Housing Choice Voucher Agency Plan is consistent with the City's Consolidated Plan and is previously cited. On February 23, 2024,the Annual Plan Update was made available to the public for the required 45-day review period. A public meeting was held on April 8, 2024, in conjunction with our resident advisory board meeting. Their comments will be attached to the final HUD submission along with any that are received from the general public. The approved Annual Agency Plan along with the two required certifications must be electronically submitted to HUD no later than April 17, 2024,which is the required 75 days before the beginning of our Fiscal Year of July 1, 2024. Administrative Plan: Staff has developed revisions to the 2024 plan. Due to the Housing Opportunity Through Modernization Act of 2016, signed into law, July 29, 2016, the Department of Housing& Urban Development(HUD)has mandated implementation of all aspects of the law that impacts the Housing Choice Voucher program by December 31, 2024. As the result of this requirement there are a number of significant changes, along with the routine changes that happen from year to year to the submitted Administrative Plan. Primary differences between the prior plan and this proposed revision are as follows: • Establishing a ceiling of 2500 applicants when the waiting list is opened. • Removing the families with children preference from the waiting list. Modifying the working and residency preference which removed the one-year requirement and adding a mainstream preference to support additional funding/vouchers for a targeted population (non-elderly and disabled needing supportive services). 4 Executive Summary 2024 Housing Choice Voucher—Annual and Administrative Plans Department of Housing and Neighborhood Preservation March 28, 2024 • Change in the occupancy standards: Establishing that a married/cohabitating couple or single head of household will be granted 1 bedroom, and then every 2 people listed in the family being granted a bedroom to determine voucher size. • HOTMA will remove the statutory authority for the Earned Income Disallowance effective January 1, 2024. All current participants that utilize the EID, will still be eligible for their 24-month period, but will not be utilized for any new participant. • The regulations under HOTMA distinguish between two categories of student financial assistance paid which will now include both full-time and part-time students. • An increase in the amount of assets requiring documentation increased from $5,000 to $50,000. • The allowance for elderly or disabled families will increase from $400 to $525 per year and will be adjusted annually in accordance with the Consumer Price Index for Urban Wage Earners and Clerical Workers, rounded to the next lowest multiple of$25. • The allowance for dependents will remain at $480 for this year but will be adjusted annually in accordance with the Consumer Price Index for Urban Wage Earners and Clerical Workers, rounded to the next lowest multiple of$25. • Pending an approved process,the DHNP may make utility payments directly to the utility company vs the participant. • The HUD form 9886 (Release of Information)will not be required to be signed annually by adult participants. The form will now only be required when first admitted to the program, or an adult is added to the family or when minor dependents turn 18. • Documentation of income will only be accepted via third party sources and the DHNP will not accept documentation from other assistance program's income documentation (i.e. Human Services), for any new admission or interim reexamination requests. • Under HOTMA, if 90 percent or more of a family's unadjusted income is from fixed sources,the DHNP will utilize the streamlined annual reexamination process by applying the verified inflationary adjustment factor to fixed-income sources (e.g., SS, SSI, Pension, VA Benefits). 5 Executive Summary 2024 Housing Choice Voucher—Annual and Administrative Plans Department of Housing and Neighborhood Preservation March 28, 2024 • Under HOTMA,the DHNP will utilize The New Hires Report at each annual reexamination for each participant. • The DHNP will now obtain minimally a month's worth of paystubs when processing the participant's annual reexamination. • The DHNP will not conduct Remote Video Inspections for its Housing Quality Standards (HQS) inspections, unless by Executive Order. • The DHNP defines a lease term of one year to be from commencement to the end of the 12th month or from commencement to the end of the 11 th month and gives the choice to the owner and all leases must end on the last day of the month. • The DHNP defines, "In Good Standing", with an owner to be as, "not in arrears for past rent, not owing monies for damaging the property, nor excessive 5-day notices, or 21-30 notices (more than 3 in a 12-month period). This status is required in order to maintain continued assistance. • The DHNP will not process an interim reexamination for an income increase if the effective date is less than 90 days before the annual reexamination effective date. • The DHNP will not process an interim reexamination due to income loss if an income source was utilized to determine a family's affordability prior to moving to a new unit. The DHNP will not process a decrease until the next annual reexamination. Examples would be a recurring gift from a non-family member or non-custodial parent giving money to the Head of Household. • If the Head of Household is absent from the unit for more than 30 days due to incarceration, assistance will be terminated, unless another adult is present and was part of the household prior to date of incarceration. • If the family owes over$6,000 (due to fraud),the PHA will refer the case to the Commonwealth's Attorney for possible criminal prosecution. If the family makes a lump payment that reduces the amount owed to less than $6,000, the case will not be referred to the Commonwealth's Attorney for possible criminal prosecution. • Project Based Voucher Request for Proposal: The D1 NP will not consider any owner proposal outside the political jurisdiction of the City of Virginia Beach. The D1 NP will not consider any owner proposal that includes adding additional units to an already established project under an AHAP or HAP contract. 6 Executive Summary 2024 Housing Choice Voucher—Annual and Administrative Plans Department of Housing and Neighborhood Preservation March 28, 2024 • The DHNP will establish a separate PBV Waiting List for its PBV developments. • PBV Contract Rent Increases: The DHNP defines, "an amount determined by the PHA", utilizing HUD's Operating Cost Adjust Factor(OCAF)put out by HUD and effective every February I lth. The OCAF will be utilized in determining the approval of all PBV contract rent increases and will not approve any requested amount above the percentage established by HUD and the OCAF. 7 ' Certifications of Compliance with U.S.Department of Housing and Urban Development PHA Plan and Related Regulations Office of Public and Indian Housing (Standard, Troubled, HCV-Only, and D ExMIB ire 2/31/2024 Expires 3/31/2024 LHVPeY OrmeY PHf�S� PHA Certifications of Compliance with PHA Plan, Civil Rights, and Related Laws and Regulations including PHA Plan Elements that Have Changed Acting on behalf of the Board of Commissioners of the Public Housing Agency(PHA)listed below, as its Chairperson or other authorized PHA official if there is no Board of Commissioners,I approve the submission of the_5-Year and/or X Annual FHA Plan, hereinafter referred to as"the Plan", of which this document is a part, and make the following certification and agreements with the Department of Housing and Urban Development(HUD) for the PHA fiscal year beginning 2024, in connection with the submission of the Plan and implementation thereof l. The Plan is consistent with the applicable comprehensive housing affordability strategy(or any plan incorporating such strategy)for the jurisdiction in which the PHA is located(24 CFR§91.2). 2. The Plan contains a certification by the appropriate State or local officials that the Plan is consistent with the applicable Consolidated Plan,which includes a certification that requires the preparation of an Analysis of Impediments(Al)to Fair Housing Choice,or Assessment of Fair Housing(AFH)when applicable,for the PHA's jurisdiction and a description of the manner in which the PHA Plan is consistent with the applicable Consolidated Plan(24 CFR§§ 91.2,91.225,91.325,and 91.425). 3. The PHA has established a Resident Advisory Board or Boards,the membership of which represents the residents assisted by the PHA,consulted with this Resident Advisory Board or Boards in developing the Plan;including any changes or revisions to the policies and programs identified in the Plan before they were implemented,and considered the recommendations of the RAB(24 CFR 903.13).The PHA has included in the Plan submission a copy of the recommendations made by the Resident Advisory Board or Boards and a description of the manner in which the Plan addresses these recommendations. 4. The PHA provides assurance as part of this certification that: (i) The Resident Advisory Board had an opportunity to review and comment on the changes to the policies and programs before implementation by the PHA; (ii) The changes were duly approved by the PHA Board of Directors(or similar governing body);and (iii)The revised policies and programs are available for review and inspection,at the principal office of the PHA during normal business hours. 5. The PHA made the proposed Plan and all information relevant to the public hearing available for public inspection at least 45 days before the hearing,published a notice that a hearing would be held and conducted a hearing to discuss the Plan and invited public comment. 6. The PHA certifies that it will carry out the public housing program of the agency in conformity with title VI of the Civil Rights Act of 1964(42 U.S.C.2000d-2000"),the Fair Housing Act(42 U.S.C.3601-19),Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), title II of the Americans with Disabilities Act(42 U.S.C. 12101 et seq.),and other applicable civil rights requirements and that it will affirmatively further fair housing in the administration of the program. In addition,if it administers a Housing Choice Voucher Program,the PHA certifies that it will administer the program in conformity with the Fair Housing Act,title VI of the Civil Rights Act of 1964,Section 504 of the Rehabilitation Act of 1973,title H of the Americans with Disabilities Act,and other applicable civil rights requirements,and that it will affirmatively further fair housing in the administration of the program. 7. The PHA will affirmatively further fair housing,which means that it will take meaningful actions to further the goals identified in the Assessment of Fair Housing(AFH)conducted in accordance with the requirements of 24 CFR§5.150 through 5.180,that it will take no action that is materially inconsistent with its obligation to affirmatively further fair housing, and that it will address fair housing issues and contributing factors in its programs,in accordance with 24 CFR§903.7(o)(3). The PHA will fulfill the requirements at 24 CFR§903.7(o)and 24 CFR§903.15(d).Until such time as the PHA is required to submit an AFH,the PHA will fulfill the requirements at 24 CFR§903.7(o)promulgated prior to August 17,2015,which means that it examines its programs or proposed programs;identifies any impediments to fair housing choice within those programs;addresses those impediments in a reasonable fashion in view of the resources available;works with local jurisdictions to implement any of the jurisdiction's initiatives to affirmatively further fair housing that require the PHA's involvement;and maintains records reflecting these analyses and actions. 8. For PIIA Plans that include a policy for site-based waiting lists: • The PHA regularly submits required data to HUD's 50058 PIC/Ims Module in an accurate,complete and timely manner (as specified in PIH Notice 2011-65); Page 1 of 3 fonnHUD-50077-ST-HCV-HP(3/31/2024) • The system of site-based waiting lists provides for full disclosure to each applicant in the selection of the development in which to reside,including basic information about available sites;and an estimate of the period of time the applicant would likely have to wait to be admitted to units of different sizes and types at each site; • Adoption of a site-based waiting list would not violate any court order or settlement agreement or be inconsistent with a pending complaint brought by HUD; • The PHA shall take reasonable measures to assure that such a waiting list is consistent with affirmatively furthering fair housing;and • The PHA provides for review of its site-based waiting list policy to determine if it is consistent with civil rights laws and certifications,as specified in 24 CFR 903.7(o)(1). 9. The PHA will comply with the prohibitions against discrimination on the basis of age pursuant to the Age Discrimination Act of 1975. 10. In accordance with 24 CFR§ 5.105(a)(2),HUD's Equal Access Rule,the PHA will not make a determination of eligibility for housing based on sexual orientation,gender identify,or marital status and will make no inquiries concerning the gender identification or sexual orientation of an applicant for or occupant of HUD-assisted housing. 11, The PHA will comply with the Architectural Barriers Act of 1968 and 24 CFR Part 41,Policies and Procedures for the Enforcement of Standards and Requirements for Accessibility by the Physically Handicapped. 12. The PHA will comply with the requirements of Section 3 of the Housing and Urban Development Act of 1968,Employment Opportunities for Low-or Very-Low Income Persons,and with its implementing regulation at 24 CFR Part 135. 13. The PHA will comply with acquisition and relocation requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and implementing regulations at 49 CFR Part 24 as applicable. 14. The PHA will take appropriate affmnative action to award contracts to minority and women's business enterprises under 24 CFR 5.105(a). 15. The PHA will provide the responsible entity or HUD any documentation that the responsible entity or HUD needs to carry out its review under the National Environmental Policy Act and other related authorities in accordance with 24 CFR Part 58 or Part 50,respectively. 16. With respect to public housing the PHA will comply with Davis-Bacon or HUD determined wage rate requirements under Section 12 of the United States Housing Act of 1937 and the Contract Work Hours and Safety Standards Act. 17. The PHA will keep records in accordance with 2 CFR 200.333 and facilitate an effective audit to determine compliance with program requirements. 18. The PHA will comply with the Lead-Based Paint Poisoning Prevention Act,the Residential Lead-Based Paint Hazard Reduction Act of 1992,and 24 CFR Part 35. 19. The PHA will comply with the policies,guidelines,and requirements of 2 CFR Part 200,Uniform Administrative Requirements,Cost Principles,and Audit Requirements for Federal Financial Assistance,including but not limited to submitting the assurances required under 24 CFR§§ 1.5,3.115,8.50,and 107.25 by submitting an SF-424,including the required assurances in SF-424B or D,as applicable. 20. The PHA will undertake only activities and programs covered by the Plan in a manner consistent with its Plan and will utilize covered grant funds only for activities that are approvable under the regulations and included in its Plan. 21. All attachments to the Plan have been and will continue to be available at all times and all locations that the PHA Plan is available for public inspection.All required supporting documents have been made available for public inspection along with the Plan and additional requirements at the primary business office of the PHA and at all other times and locations identified by the PHA in its PHA Plan and will continue to be made available at least at the primary business office of the PHA. 22. The PHA certifies that it is in compliance with applicable Federal statutory and regulatory requirements,including the Declaration of Trust(s). Cite of Virginia Beach VA039 PHA Name PHA Number/HA Code X Annual PHA Plan for Fiscal Year 2024-25 X 5-Year PHA Plan for Fiscal Years 2020-25 1 hereby certify that all the information stated herein,as well as any information provided in the accompaniment herewith,is true and accurate.warning: HUD will prosecute false claims and statements.Conviction may result in criminal and/or civil penalties. (18 U.S.C.1001,1010,1012;31 U.S.C.3729,3802). ame o [rector FNameottyM angerori esignee Ruth HillSignature Date Date Page 2 of 3 form HUD-50077-ST-HCV-HP(3/312024) The United States Department of Housing and Urban Development Is authorized to solicit the Information requested in this form by virtue of Title 12,U.S.Code,Section 17D1 et seq.,and regulations promulgated thereunder at Title 12,Code of Federal Regulations. Responses to the collection of information are required to obtain a benefit or to retain a benefit The information requested does not lend itself to confidentiality. This information Is collected to ensure compliance with PHA Plan,Civil Rights,and related laws and regulations including PHA plan elements that have changed. Public reporting burden for this information collection is estimated to average 0.16 hours peryear per response,Including the time for reviewing instructions,searching existing data sources,gathering and maintaining the data needed,and completing and reviewing the collection of information.HUD may not collect this Information,and respondents are not required to complete this form,unless it displays a currently valid OMB Control Number. Page 3 of 3 form HUD-50077-ST-HCV-HP(3/31/2024) FVwith tion by State or Local U.S Department of Housing and Urban Development of PHA Plans Consistency office of Public and Indian Housing Consolidated Plan ornsolidated Plan OMB No.2577-0226 (All PHAs) Expires 3i31/2024 Certification by State or Local Official of PHA Plans Consistency with the Consolidated Plan or State Consolidated Plan I, Ruth Hill the Director,Housing & Neighborhood Preservation Off icial's Name Official's Title certify that the 5-Year PHA Plan for fiscal years 2020-2025 and/or Annual PHA plan for fiscal year 2024-2025 of the Department of Rousing&Neighborhood Preservation is consistent with the PHA Name Consolidated Plan or State Consolidated Plan including the Analysis of Impediments(Al)to Fair Housing Choice or Assessment of Fair Housing(AFH) as applicable to the Citt of Vir inia Beach Vir inia Local Jurisdiction Name pursuant to 24 CFR Part 91 and 24 CFR § 903.15. Provide a description of how the PHA Plan's contents are consistent with the Consolidated Plan or State Consolidated Plan. The City of Virginia Beach,DHNP continues efforts to promote affordable housing Our efforts include artnerin m the new construction develo ment of 51 affordable housing units this calendar ear, promoting the development of housing for the homeless elderly communi and individuals with disabilities as well as partnering with city and state agencies to administer housing assistance for approximately 159 individuals with developmental disabilities — I hereby certify that all the information stated herein,as well as any information provided in the accompaniment herewith,is true and accurate.Warning: HUD will prosecute false claims and statements.Conviction may result in criminal and/or civil penalties. (18 U.S.C.1001,1010,1012;31 U.S.C.3729,3802) Name of Authorized official: Title: Ruth Hill Director,Depatnent of Housing&NeigMvhood Preservatim Signature: . We: Zf Zozq Page 1 of 1 form HUD-50077-SL(3/31/2024) The United States Department of Housing and Urban Development is authorized to solicit the Information requested in this form by virtue of Title 12,U.S. Code,Section 1701 et seq.,and regulations promulgated thereunder at Tide 12.Code of Federal Regulations. Responses to the collection of information are required to obtain a benefit or to retain a benefit The information requested does not lend Itself to confidentiality. This Information Is collected to ensure consistency with the consolidated plan or state consolidated plan. Public reporting burden for this information collection is estimated to average 0.16 hours per year per response,including the time for reviewing instructions,searching existing data sources,gathering and maintaining the data needed,and completing and reviewing the collection of Information.HUD may not collect this Information,and respondents are not required to complete this form,unless It displays a currently valid OMB Control Number. Page 2 of 2 form HUD-50077-SL(3/31/2024) µu 4 lCr•,, 71'F� �Vw CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Authorizing and Directing the City Manager to Execute a Settlement Agreement with the United States of America Under the Americans with Disabilities Act MEETING DATE: April 16, 2024 ■ Background: In 1999, the Department of Justice (DOJ) began conducting audits of public entities across the country regarding compliance with the Americans with Disabilities Act (ADA). Among other things, the ADA provides for access by individuals with disabilities to programs, activities and services of public entities and places that are open to public. The DOJ began an audit of the City in 2018 which included a review of documentation and site visits to eleven facilities. After the DOJ completed the audit, the DOJ negotiated a voluntary settlement agreement with the City. ■ Considerations: City staff worked with the DOJ over a three-year period to negotiate the voluntary settlement agreement. The agreement has a three-year term during which the City will enhance citizen access to public services and facilities, including curb cuts and buildings, Internet-based services such as the City's webpages, and revisions to emergency operations plans. ■ Public Information: Public Information will be provided through the normal Council Agenda process. Within two months of the agreement's execution, the model DOJ Notice under the ADA will be published in The Virginian-Pilot, on the City's website, and posted at the main entrance of City public facilities. ■ Recommendations: Adopt resolution ■ Attachments: Resolution and Summary of Terms of Settlement Agreement. Recommended Action: Approval Submitting Department/Agency: City Manager's Office City Manager: 1 A RESOLUTION AUTHORIZING THE CITY MANAGER TO 2 EXECUTE A SETTLEMENT AGREEMENT WITH THE 3 UNITED STATES OF AMERICA UNDER THE AMERICANS 4 WITH DISABILITIES ACT 5 6 WHEREAS, the Department of Justice began an Americans with Disabilities Act 7 compliance review of the City on July 30, 2018; 8 9 WHEREAS, after review of documentation and site visits to eleven facilities, the 10 Department of Justice on February 8, 2021 , forwarded its findings and proposed 11 settlement agreement to the City of Virginia Beach; and 12 13 WHEREAS, since then, City staff have worked with the Department of Justice to 14 negotiate a voluntary settlement agreement; 15 16 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 17 VIRGINIA BEACH, VIRGINIA: 18 19 The City Manager is hereby authorized to execute the settlement agreement with 20 the United States of America, which has been reviewed and approved by the City 21 Attorney. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2024. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: City Manager's Office City A orney's Office CA16492 R-4 April 10, 2024 Summary of ADA Settlement Agreement The Department of Justice (DOJ) reviewed the City's compliance with Title II of the Americans with Disabilities Act of 1990(ADA), 42 U.S.C. §§ 12131-12134("Title II"), and its implementing regulation, 28 C.F.R. Part 35. The DOJ reviewed compliance with the ADA's program access, new construction and alterations requirements at the following City facilities: Farmers Market Human Services Building Judicial Center, Building#10 Kempsville Recreation Center Museum of Contemporary Art Parks and Recreation Administration Building Police Department, 2nd Precinct Princess Anne Fire Station#21 Princess Anne Library Sandler Performing Arts Center Virginia Aquarium Virginia Beach Convention Center The DOJ also reviewed the City's emergency management and disaster prevention policies and the City's curb ramp installation program. The settlement agreement has a term of three years. The Agreement requires the City within two months of the effective date of the Agreement to adopt the model Notice Under The ADA and distribute it to all Department heads; publish the Notice in a local newspaper; post the Notice on the City's website; and post the Notice in conspicuous locations at the main entrance to City buildings. Within five months, the City will provide training to appropriate City staff, including but not limited to engineers, planners, and facility staff, to ensure they are knowledgeable about the architectural accessibility requirements of the ADA. Trained staff will gather information, including measurements and photographs, of the corrections made to deficiencies identified by the audit of facilities during the pendency of the agreement. Within six months of the effective date of the Agreement, the City will retain an Independent Licensed Architect(ILA) who is knowledgeable about the architectural accessibility requirements of the ADA.The ILA will perform a review of corrections and certify that deficiencies have been corrected. The City will ensure that all appropriate employees are trained and practiced in using the Virginia Relay Service to make and receive calls,and report to the DOJ the details of the trainings and employees trained. The Agreement requires the City's Emergency Operations Plan include specific DOJ model language. With regard to sidewalks,the Agreement requires within six months of the effective date of this Agreement,the City will implement and report to the DOJ its written process for requesting and receiving input from people with disabilities regarding the accessibility of its sidewalks, including requests to add curb ramps at particular locations. The City is required to have curb ramps at all intersections of the streets, roads, and highways constructed or altered since January 26, 1992,that have curbs or other barriers from a street level pedestrian walkway. The City is also required to continue to provide curb ramps when streets, roads and highways are constructed or altered at any intersection having curbs or other barriers to entry from a street level pedestrian walkway. The City is also required to continue to make sure all new facilities or alterations to existing facilities comply with the ADA. Within six months of the effective date of the Agreement,trained City staff are required to survey all facilities and ensure there are accessible entrances and directional signage at all inaccessible entrances to show the public where the accessible entrance is located. In addition, trained City staff will survey all the City's facilities that were constructed after January 26, 1992 that the DOJ did not survey for compliance. Within one year of the effective date, a list of all issues will be sent to the DOJ with proposed corrective actions and completion dates. The corrections are required to be completed within six months of the expiration of the Agreement. The City must also adopt, implement, and post online a policy that its web content and mobile apps will comply with the ADA and WCAG 2.1 Level AA.This policy must be distributed to all employees who upload web content, and those employees must be trained on how to make sure web content complies with the ADA. In addition,the Agreement requires that all existing web content and online services be reviewed for compliance, and the City will provide reports to the DOJ on compliance with a corrective action plan to address any deficiencies. The City is also required to enlist individuals with different disabilities to test its pages for ease of use and accessibility barriers. The Agreement further mandates that the City train all staff who work with citizens on the requirements of the ADA. All training must be submitted to the DOJ for approval, and all trainings are to be complete within a year. The initial trainings need to be live; and annual trainings thereafter can be virtual. The Agreement also allows for modifications if there is a change in circumstances,compliance is impracticable or if a local, statewide or national emergency occurs. The modification would need to be negotiated and agreed to by both parties. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize acquisition of 1.301+/- acres of property located at 2425 George Mason Drive from Enterprise Investors, L.L.C. MEETING DATE: April 16, 2024 ■ Background: Enterprise Investors, L.L.C., a Virginia limited liability company, owns 2425 George Mason Drive (GPIN: 1494-71-8742), a freestanding three-story office building located on property within the City of Virginia Beach Municipal Center Campus (the "Property"). The Property contains approximately 14,212 Sq. Ft. of office space and approximately 60 surface parking spaces on 1.301± acres of land. Although privately owned, the Property was designated as Building 24 previously and formerly housed the Virginia Beach Public Defenders' Office. City staff toured the Property in March 2023 and determined it would be suitable for City use as swing space to temporarily place City staff and services during renovations of any Municipal Center buildings. The purchase of the Property would be subject to four (4) existing leases totaling 3,317 sq. ft. of the office space. The leases generate approximately $5,916 per month currently. The tenants are isolated in one wing of the building leaving the remaining 10,895 sq. ft. available for immediate City occupancy. Staff has determined that the presence of the tenants does not impact the City's proposed use of the Property. The City would assume the four (4) leases at Settlement with all rents being pro-rated through closing. ■ Considerations: The total cost for the Property is $1,675,000 and the acquisition can be funded from Strategic Site Acquisition and Disposition Project, CIP 100577. Rental income until the leases expire would be deposited into the General Fund. ■ Public Information: Public notice via the normal City Council agenda process. ■ Alternatives: Deny the request to acquire the Property. ■ Recommendations: Approve the request subject to the terms and conditions of the Summary of Terms. ■ Attachments: Ordinance, Summary of Terms, Location Map and Disclosure Statement Recommended Action: Approval Submitting Department/Agency: Public Works City Manager: 1 AN ORDINANCE TO AUTHORIZE 2 ACQUISITION OF 1.301+/- ACRES OF 3 PROPERTY LOCATED AT 2425 GEORGE 4 MASON DRIVE FROM ENTERPRISE 5 INVESTORS, L.L.C. 6 7 WHEREAS, Enterprise Investors, L.L.C. ("Enterprise") owns 56,669 square feet 8 (1.301+/- acres) of land, which includes a free-standing 3-story office building containing 9 approximately 14,212 sq. ft. of office space, located at 2425 George Mason Drive (GPIN: 10 1494-71-8742) in the City of Virginia Beach, Virginia (the "Property"), as further described 11 on Exhibit A, attached hereto and incorporated herein; 12 13 WHEREAS, Enterprise desires to convey the Property to the City of Virginia Beach 14 (the "City") for $1 ,675,000; 15 16 WHEREAS, funding for the acquisition is available in the Strategic Site Acquisition 17 and Disposition Project, CIP 100577; 18 19 WHEREAS, Enterprise has agreed to convey the Property to the City in accordance 20 with the Summary of Terms attached hereto as Exhibit B and incorporated herein; and 21 22 WHEREAS, the City Council finds that it is in the best interests of the City to acquire 23 the Property in accordance with the Summary of Terms. 24 25 NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 26 VIRGINIA BEACH, VIRGINIA: 27 28 1 . That the City Council authorizes the acquisition of the Property by purchase 29 pursuant to § 15.2-1800 of the Code of Virginia (1950), as amended, which Property is 30 more particularly described on Exhibit A. 31 32 2. That the City Manager or his designee is further authorized to execute all 33 documents that may be necessary or appropriate in connection with the purchase of the 34 Property, in accordance with the Summary of Terms attached hereto as Exhibit B, and 35 including such other terms, conditions and modifications as may be acceptable to the City 36 Manager and in a form deemed satisfactory by the City Attorney. 37 38 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 3 9 of 2024. CA16241 R-1 PREPARED: 3/6/2024 APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM P L C W- KS, REAL ESTATE CITY ATTORNEY APPROVED AS TO AVAILABILITY OF FUNDS: FINANCE EXHIBIT "A" Legal Description of 2425 George Mason Drive ALL THAT certain tract, piece or parcel of land, situate in the Princess Anne Borough, City of Virginia Beach, Virginia, designated as "Parcel B-2", as shown on that certain plat entitled "Subdivision of Lots 1 & B, Subdivision of Brewer Property", dated March 26, 1994, made by Kellam — Gerwitz Engineering, Inc., which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 238, at page 79; together will all right, title and interest of the Landowner under and subject to the conditions set forth in the certain Agreement dated May 21, 1994 between the City of Virginia Beach, Virginia a municipal corporation and Robert G. Brewer, et al, duly recorded in the aforesaid Clerk's Office in Deed Book 2346 at page 972. TOGETHER WITH all right, title and interest of the Landowner, if any, in and to any and all easements, rights of way, private roads and other rights of access, ingress and/or egress adjacent to, appurtenant to or in any way benefiting the above-described property. EXHIBIT "B" SUMMARY OF TERMS SELLER: Enterprise Investors, L.L.C. BUYER: City of Virginia Beach PROPERTY: 2425 George Mason Drive (GPIN: 1494-71-8742) CONSIDERATION: $1,675,000 SOURCE OF FUNDS: Strategic Site Acquisition and Disposition, CIP 100577 ADDITIONAL TERMS: • Acquisition is expressly conditioned upon executing an Agreement of Sale with the City and the satisfaction of all contingencies stated in such agreement. • Property must be conveyed free and clear of all liens, leases, and tenancies and rights of possession of any and all parties other than the City, except those leases to be assigned to the City listed below. • Seller shall execute an Assignment of Leases assigning the following leases to the City: o Atlantic Commercial Real Estate Services, Inc., Suite 103 containing 540 sq. ft., which lease expires on April 30, 2026; current rent $936.36/month; o Klett Consulting Group, Inc., Suite 210 containing 735 sq. ft., which lease expires on April 30, 2025; current rent $1,262.03/month; o Red Door Therapy & Consulting, LLC, Suite 102 containing 980 sq. ft., which lease expires on January 31, 2025; current rent $1,832.77/month; o Edward Jones and Company, Suite 101, containing 1,062 sq. ft. and two reserved parking spaces, which lease expires on January 31, 2028; current rent $1,884.90/month. • Seller shall transfer all security deposits for the assigned leases to the City at Settlement. Rents shall be pro-rated at Settlement with the City assuming the leases thereafter. • City shall have a 60-day study period from full execution of the Agreement of Sale to evaluate the Property. The Agreement may be terminated prior to the end of the study period upon written notice to the Seller. • Settlement will be within 30 days after expiration of the Study Period, or as soon thereafter as is practicable. • Seller shall pay its own attorney's fees and costs. • City shall bear the costs of obtaining a title report and preparation of closing documents. • The brokerage fee of the Seller's Broker will be paid by the Seller. The City is not responsible for any payment to the Broker. • Approval of this purchase shall be revoked if closing has not occurred on or before January 31 , 2025, unless extended by the City Manager prior to such date. s \ I x �.., CV .�A lkl/ l LOCATION PROPOSED ACQUISITION STRATEGIC SITE ACQUISITION AND DISPOSITION, CIP 10057 Legend r PROPERTY OWNER: ENTERPRISE INVESTORS, L.L.0 Y 1494-71-8742 Property1494-71-8742 Feet City �°; 0 50 100 200 Disclosure Statement r.Vf.% Planning�.� Cron 1��rrt Owner Disclosure owner Name �ItcrPr I s 1 nve s hers, L.LC. Applicant Name Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business? D/Yes ❑ No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) L. SWO TrQlnum Ann C . POW+ • 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 UNo • 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 ( P a g e Disclosure Statement 110 " tnaii±ig& Conumnity 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? ffYes ❑ No • If yes,identify the financial institutions providing the service. `tht 01k Po►n+- t4afional lanL 2. Does the Owner have a real estate broke r/agent/realtor for current and anticipated future sales of the subject property? 0 Yes ❑ No • If yes,identify the company and individual providing the service. �1` � Vet Lod—say -- (<ob S'u1+ #- b05+0. 1 ----- 3. Does the Owner have services for accounting and/or preparation of tax returns provided In connection with the subject of the application or any business operating or to be operated on the property?❑ Yes M"NO • 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 [2'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 allo • 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 ED40 • If yes,identify the company and individual providing the service. 7. Does the Owner have an engineer/surveyor/ageentin connection with the subject of the application or any business operating or to be operated on the property?ElYes 2-No • If yes,identify the firm and individual providing the service. Revised 11.09.2020 6 1 p a g e i Disclosure Statement Mi lining&t,'>RliMU"ity 8. Is the Owner receiving legal se ices in connection with the subject of the application or any business operating or to be operated on the property? Yes &W'O • If yes,identify the firm and individual providing legal the service. Owner Sienature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee In connection with this application. �! Qua. C �,��---- Owner Signature , Print Name and Title 0 2LI Date Revised 11.09.2020 7 1 P a g e J� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Extending the Date for Satisfying the Conditions in the Matter of Closing a 15-Foot Portion of an Unimproved, Unnamed Alley Adjacent to 650 S. Atlantic Avenue & Lot 22 in Block 20 of Croatan Beach MEETING DATE: April 16, 2024 ■ Background: On April 18, 2023, by Ordinance ORD-3730F, City Council approved the request by David C. and Meril B. Gerstenmaier (the "Applicants") to close approximately 750 sq. ft. of an unimproved, unnamed alley (the "Right-of-Way"), adjacent to the rear of their property at 650 S. Atlantic Avenue. ■ Considerations: There were four (4) conditions to the approval of the street closure: 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures", approved by City Council. It has been determined that the purchase price to be paid to the City shall be $6,000, which is consistent with similar street closures in this area. 2. The Applicants, or the Applicants' successors or assigns, shall resubdivide the properties and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The resubdivision plat must be submitted and approved for recordation prior to the final street closure approval. 3. The Applicants shall verify that no private utilities exist within the Right-of-Way proposed for closure. If private utilities do exist, easements satisfactory to the utility company must be provided. 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 (1) year of City Council approval, said approval shall be considered null and void. The Applicants' subdivision plat has been approved by the Planning Department, however, it has not yet been signed on behalf of the mortgage company and will not be ready to record prior to the deadline to meet the conditions. On March 26, David C & Meril B. Gerstenmaier Page 2 of 2 2024, the Applicants requested additional time to satisfy the conditions set forth in Ordinance ORD-3730F. Staff concludes that the request for additional time is reasonable. ■ Recommendation: Allow an extension of one (1) year for satisfaction of the conditions. ■ Attachments: Ordinance Location Map Disclosure Statement Form Recommended Action: Approval. Submitting Department/Agency: Planning Department City Managerxy w 1 AN ORDINANCE EXTENDING THE DATE 2 FOR SATISFYING THE CONDITIONS IN THE 3 MATTER OF CLOSING A 15-FOOT PORTION 4 OF AN UNIMPROVED, UNNAMED ALLEY 5 ADJACENT TO 650 S. ATLANTIC AVENUE & 6 LOT 22 IN BLOCK 20 OF CROATAN BEACH 7 8 WHEREAS, on April 18, 2023, the Council of the City of Virginia Beach acted 9 upon the application of David C. and Meril B. Gerstenmaier (the "Applicants") for the 10 closure of approximately 750 sq. ft. of an unimproved, unnamed alley adjacent to 650 S. 11 Atlantic Avenue and Lot 22 in Block 20 of Croatan Beach; 12 13 WHEREAS, City Council adopted an Ordinance (ORD-3730F) to close 14 discontinue, and vacate the aforesaid portion of right-of-way, subject to certain 15 conditions being met on or before April 17, 2024; and 16 17 WHEREAS, on March 26, 2024, the Applicants requested an extension of time to 18 satisfy the conditions to the aforesaid street closure action. 19 20 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 21 Beach, Virginia: 22 23 That the date for meeting conditions of closure as stated in the Ordinance 24 adopted on April 18, 2023 (ORD-3730F), upon application of David C. and Meril B. 25 Gerstenmaier, is extended to April 17, 2025. 26 27 Adopted by the Council of the City of Virginia Beach, Virginia, on this day 28 of 2024. 29 30 No GPIN assigned (Right-of-Way) 31 Adjacent to GPIN: 2426-39-8037 & 2426-39-9120 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Planning Department City Attorney CA16428 \\vbgov.com\dfs 1\a ppl icatio ns\citylaw\cycom32\wpd ocs\d027\p049\00955562.doc R-1 March 28, 2024 R10 6 �10 R1.0 c� R10 c� R1J0 ® Site N w E Property Polygons David C. & Meril B. Gerstenmaier Zoning s 650 S. Atlantic Avenue & Lot 22, Block 20, Croatan Beach Building Feet 0 510 20 30 40 50 60 Disclosure I 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 ag 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 David C.&Meril 8.Gemtenmaler i Does the applicant have a representative? bl Yes ❑No • If yes,list the name of the representative. R.Edward Bourdon,it.,Esq.,Sykes,Bourdon,Ahern&Levy,P.C. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?0 Yes 6 No N Yes,fist the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if nece5saryl 'Parent•5ubsid9ary 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. i 'Affiliated business entity relationship"means'a relationship,other than parent-subsidiary relationship,that exists when Ill one business entity has a controlling ownership interest in the other bustness entity,(B)a controlling owner in one entity is also a controlling owner in the other entity,or(ill)there is shared management or control between the business entities. Factors that should be considered In determining the existence of an affiliated business entity relationship include that the some person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the some offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities.' See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. FEv+SED 11 OS202u 1 1 1•& r David C.& Meril B.Gerstenmaier Agenda Item 6 Page 7 ' Disclosure .,. , C isclosure Statement Known Interest by Public Official or Emp(o�ee 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 Ire No • If yes,what is the name of the official or employee and what Is the nature of the interest? Applicant Services Mullosure i 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-coliateradtation,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? W Yes ❑No • If yes,identify the financial institutions providing the service. Bank of America/MERS 2. Does the applicant have a real estate broker/agentlreaftor for current and anticipated future sales of the subject property? ❑Yes V No • If yes,identify the company and individual providing the service. I 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 IW No i • If yes,identify the firm and individual providing the service. 4. Does the applicant have services from an anchftect/landscape a►ehiteet/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes W]No • 0 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. Reused 11 05.2020, 2 1 f,a g e I i David C. & Meril B.Gerstenmaier Agenda Item 6 Page 8 Disclosure Msdosure State WON 4 i�4at�t�afti� �`nt?�dt*.s�l:i>. 'L`ast�Fffh'f3j 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 ONO • If yes,identify the company and Individual providing the service. 7. Does the applicant have an engineer/swueyor/agent 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 the service. Jeffrey Williams, Rouse—Sirine Associates, Ltd. 8. Is the applicant receiving legal services in connection with the subject of the•pp&Wan or any business operating or to be operated on the property?El 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 OF any public body or committee in connection with this application. A pllicant Signature 5 ,.+ at.-- Print Name and Title David C. Gerstenmaier Meril B. Gerstenmaier oatf January 3, 2022 _ 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. ® we eharyes w ar °"� 03/28/2023mum F'--ead Michaela D.MdQnnely j Revtsee J J 0?2020 3 1 P S e David C. & Meril B, Gerstenmaier Agenda Item 6 Page 9 fu 7 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Resolution Approving an Extension of the Town Center Option Agreement and Recommending that the City of Virginia Beach Development Authority Approve the Extension. MEETING DATE: April 16, 2024 • Background: The Town Center Project (the "Project') has been a long-term priority for the City of Virginia Beach (the "City"). The City Council first recognized the importance of the Project in the Central Business District of the City when it adopted the Comprehensive Plan on November 4, 1997. Since February 8, 2000, City Council has approved six phases of mixed-use development at Town Center. Phases I, II, III, V and VI have been completed on ten blocks, and consist of office space, restaurants, retail space, residential units, hotel rooms, a public plaza, pedestrian bridges, the Sandler Center and the Zeiders American Dream Theater. Phase IV expired prior to commencement of construction. • Option Land: The majority of land necessary for the Project has been owned by the City of Virginia Beach Development Authority (the "Authority") and sold to Town Center Associates, L.L.C. (the "Developer") as each Phase of the Project began. The terms and conditions by which the Authority will sell land to the Developer for the Project are set forth in the Town Center of Virginia Beach Option Agreement between the Authority and the Developer originally dated as of June 5, 2000 (the "Option Agreement'). As the Project has progressed through the phases, the Option Agreement has been modified to reflect both the land subject to the Option Agreement and the date by which the Developer must purchase that land. The Eleventh Modification to the Option Agreement was approved on April 20, 2021. Block 2 (the former Beacon Building and current surface parking lot) is the only remaining land subject to the Option Agreement. • Option Terms: Under the current terms of the Option Agreement, the Developer has until April 30, 2024 to exercise its option on Block 2. The Developer may only acquire Block 2 if it has (i) paid $4,792,735 (the price the Authority paid to acquire Block 2 in 2009), (ii) paid a special fee equal to the imputed real estate taxes on Block 2, plus any costs incurred by the Authority related to Block 2 (the "Special Fee"), and (iii) presented a plan for development for Block 2 acceptable to the City Council and the Authority. • Relevant Deadlines and Developer Request: The Option Agreement expires on April 30, 2024. The Developer has requested that the Option Agreement be amended to extend the term of the Option Agreement with respect to Block 2 until April 30, 2027. c Considerations: Extension of the Option Agreement on the terms proposed would allow for the continued development of the Project in a manner acceptable to the City and the Developer. To date, the Developer has timely paid the Special Fee totaling $553,897.46. The Authority will consider approval of the extension of the Option Agreement at its April 16, 2024 meeting,subject to Council approval. Public Information: Public information will be handled through the normal agenda process. -9. Alternatives: Approve the extension of the Option Agreement or allow the Option Agreement to expire. f Recommendation: City staff recommends approval of the requested extension. t Attachments: Resolution, Summary of Terms, Disclosure Statement Recommended Action: Approval Submitting Department/Agency: Economic Development ` U City Manager:�J I RESOLUTION APPROVING AN EXTENSION OF 2 THE TOWN CENTER OPTION AGREEMENT AND 3 RECOMMENDING THAT THE CITY OF VIRGINIA 4 BEACH DEVELOPMENT AUTHORITY APPROVE 5 THE EXTENSION 6 7 WHEREAS, on behalf of the City of Virginia Beach (the "City") and the City of 8 Virginia Beach Development Authority (the "Authority"), the City Manager and City staff 9 have engaged in extensive negotiations with representatives of Armada/Hoffler 10 Development Company, L.L.C. and its affiliates, regarding the continued development 11 of the Central Business District Project known as The Town Center of Virginia Beach 12 (the "Project"); 13 14 WHEREAS, the Project is a development arrangement between the Authority 15 and Town Center Associates, L.L.C. (the "Developer"), for a mixed-use commercial 16 development, utilizing the structure of an economic development park in the B-3A 17 Pembroke Central Business Core District. The area is zoned to optimize development 18 potential for a mixed-use, pedestrian-oriented, urban activity center with mid-to-high-rise 19 structures that contain numerous types of uses, including business, retail, residential, 20 cultural, educational and other public and private uses; 21 22 WHEREAS, the Authority and the Developer have entered into an option 23 agreement dated as of June 5, 2000 (the "Option Agreement") setting forth the terms 24 and conditions by which the Developer can acquire Authority-owned land for the Project 25 (the "Option Land"); 26 27 WHEREAS, as set forth in the latest modification to the Option Agreement 28 approved April 20, 2021, the Developer's right to acquire the Option Land expires on 29 April 30, 2024, and prior to such acquisition, the Developer must present an acceptable 30 plan for development of the Option Land to the City Council and the Authority; 31 32 WHEREAS, the Developer has requested an extension of time to acquire the 33 remaining Option Land to April 30, 2027; 34 35 WHEREAS, the Authority will consider approval of the extension of the Option 36 Agreement at its April 16, 2024 meeting, subject to approval by City Council; and 37 38 WHEREAS, City Council is of the opinion that the requested extension will allow 39 for the continued development of the Project to the benefit of the City. 40 41 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 42 VIRGINIA BEACH, VIRGINIA; 43 44 That City Council approves the execution of a modification of the Town Center of 45 Virginia Beach Option Agreement between the City of Virginia Beach Development 46 Authority (the "Authority") and Town Center Associates, L.L.C., so long as such 47 modification is consistent with the Summary of Terms attached hereto as Exhibit A, and 48 made a part hereof, and such other terms, conditions or modifications as may be 49 acceptable to the City Manager and in a form deemed satisfactory by the City Attorney. 50 51 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 52 of , 2024. APPROVED AS TO LEGAL APPROVED AS TO CONTENT SUFFICIENCY A City Attorney E110 omic velopment CA16429 \\vbgov.com\dfs 1\applications\citylaw\cycom32\wpdocs\d028\p048\00955673.doc R-1 April 5, 2024 EXHIBIT A SUMMARY OF TERMS TOWN CENTER OPTION AGREEMENT CURRENT TERMS: Owner: City of Virginia Beach Development Authority (the "Authority"). Option Holder: Town Center Associates, L.L.C. ("TCA"). Option Land: Block 2 (former Beacon Site) / GPIN: 1477-45-7094 Option Fee: 1) Semi-annual fee equal to real estate taxes that would be payable if the Option Land was subject to taxation, and 2) Special fee equal to all of the Authority's costs associated with the acquisition and operation of Block 2. Purchase Price: Block 2: $4,792,735 Term of Option: Option must be exercised by April 30, 2024 Conditions of Exercise: TCA can only exercise option if: TCA has presented a plan for development of the Option Land to be acquired, which plan is acceptable to the Virginia Beach City Council ("City Council") and the Authority; PROPOSED MODIFICATION: Block 2: Term of Option extended by three years to April 30, 2027. DocuSign Envelope ID:0464F505-9l324-43EA-9D1 B-6660F5635CO8 Disclosure Statement Ory of Vapma 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 Town Center Associates, L.L.C. Does the applicant have a representative? ❑ Yes 0 No • If yes,list the name of the representative. Is the applicant 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) Sole Member: Armada Hoff ler, L.P. Manager: Armada Hoff ler Manager,LLC • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) See Attached '"Parent-subsidiary relationship" means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. 1"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also 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 11 P a g e DocuSign Envelope ID:0464F505-9B24-43EA-9D1B-6660F5635C08 Disclosure Statement XB City of vnginia 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 0 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 0 No • If yes,identify the financial institutions providing the service. 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑ Yes 0 No • If yes,identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes 0 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 M No • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property? ❑ Yes M NO • If yes,identify the purchaser and purchaser's service providers. Revised 11.09.2020 2 1 F a g e DocuSign Envelope ID:0464F505-9B24-43EA-9D1B-6660F5635C08 Disclosure Statement W Cft y of Virginia Boich Planning & Community Development 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ® No • If yes,identify the company and individual providing the service. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes E NO • If yes,identify the firm and individual providing the service. 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property? ® Yes ❑ NO • If yes,identify the firm and individual providing the service. Michael H. Nuckols, Frieden Seery Nuckols&Hahn 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. EDoeuSigned by: s s (�4JA� 2F73CF830F7B485— Applicant Signature Louis S Haddad Print Name and Title 4/9/2024 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 Signature Print Name Revised 11.09.2020 3 1 P ai APPLICANT'S NAME: Town Center Associates,L.L.C. Manager: Armada Hoffler Manager,LLC Sole Member: Armada Hoffler,L.P. APPLICANT'S MANAGER: Name: Armada Hoffler Manager, LLC Managers: Louis S. Haddad Shawn J.Tibbetts Matthew T. Barnes-Smith Sole Member: Armada Hoffler,L.P. APPLICANT'S MEMBER: Name: Armada Hoffler,L.P. [the"Operating Partnership"for Armada Hoffler Properties,Inc.*] General Partner: Armada Hoffler Properties,Inc.* Limited Partners: Armada Hoffler Properties Inc.owns 75.63% of the Operating Partnership. There are multiple other fluctuating minority limited partner investors in the Operating Partnership,no other limited partner owns more than 6%of the Operating Partnership. THE REIT*: Name: Armada Hoffler Properties,Inc. Executive Officers: Louis S. Haddad—Chief Executive Officer Shawn J.Tibbetts—President and Chief Operating Officer Matthew T. Barnes-Smith—Chief Financial Officer,Treasurer and Secretary Affiliates/Subsidiaries: The Operating Partnership has numerous affiliates/subsidiaries unrelated to the subject matter of the Application in which it is the sole owner or has a controlling interest. *a publicly traded company. SAClients\3888\001\Option Agreement\Disclosure Statement Attachment.docx 1 Disclosure Statement W City of Viminin&vrk Planning & Community Development Continue to Next Page for Owner Disclosure Revised i 1.09.2020 4 1 P a g e Disclosure Statement XU "�of ViI"w&vc* Planning & Community Development Owner Disclosure Owner Name City of Virginia Beach Development Authority Applicant Name Town Center Associates, 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) Owner is a political subdivision of the Commonwealth of Virginia. List of the Board of Commissioners attached as Exhibit A • If yes, list the businesses that have a parent-subsidiary'or affiliated business entity°relationship with the Owner. (Attach a list if necessary) n/a Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? ❑ Yes ® NO • If yes,what is the name of the official or employee and what is the nature of the interest? "Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. '"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity, (ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.2020 5 1 P a g e Disclosure Statement W City t j V ryima Btv* Planning & Community A 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 0 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 0 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 0 NO • If yes,identify the firm and individual providing the service. 4. Does the Owner have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes 0 No • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property? ❑ Yes 0 No • If yes,identify the purchaser and purchaser's service providers. 6. Does the Owner have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes 0 NO If yes,identify the company and individual providing the service. 7. Does the Owner have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes 0 NO • If yes,identify the firm and individual providing the service. Revised t 1.09.2020 6 1 P a g e Disclosure Statement X13 City of t'"Viniu&"Uc 1 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 Signa ure OF Alexander W.Stiles,Senior City Attorney Print Name and Title 4/9/24 Date Revised 11.09.2020 7 1 P a g e EXHIBIT A—DISCLOSURE STATEMENT FORM Owner: City of Virginia Beach Development Authority Commissioners: Brown,William P. (Assistant Secretary) Brunke,William(Treasurer) Garris-Bright, Linda M. Franklin, W. Taylor(Vice Chair) Keplinger,Eric L. Morgan, Penny Murphy, Lisa(Chair) Parker, Ronnie L. Salle, Charles Standing, Michael J Weiner, David Weissenseel, Guenter H. (Secretary) Director, Economic Development: Charles E. Rigney(Assistant Secretary) (U `r CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize Temporary Encroachments into City-owned property known as Sandbridge Shores Bass Inlet (a/k/a Mill Pond) and into a 5' City-owned drainage and utility easement, located at the rear of 2945 Sand Bend Road MEETING DATE: April 16, 2024 ■ Background: John F. Lepine and Elizabeth M. Lepine, (the "Applicants") request permission to maintain an existing frame shed, an existing timber pier, an existing timber bulkhead, an existing concrete boat ramp, and to construct and maintain an aluminum boat lift with timber piles, (collectively, the "Temporary Encroachment") into City-owned property known as Sandbridge Shores Bass Inlet (a/k/a Mill Pond) (GPIN: 2433-33-0267) and into a 5' City-owned drainage and utility easement, located at the rear of 2945 Sand Bend Road (GPIN: 2433-33-2328) ■ Considerations: City staff reviewed the Temporary Encroachment and have recommended approval of same, subject to certain conditions outlined in the Agreement. There are similar encroachments in the City's property and drainage and utility easement, which is where the Applicants have requested to encroach. ■ Public Information: Public notice will be provided via the normal City Council agenda process. ■ Alternatives: Deny the Temporary Encroachment or add conditions as desired by Council. ■ Recommendations: Approve the request subject to the terms and conditions of the Agreement. ■ Attachments: Ordinance, Agreement, Exhibit, Photos, Location Map and Disclosure Statement. Recommended Action: Approval Submitting Department/Agency: Public Works/Real Estate City Manager:PC 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS INTO 5 CITY-OWNED PROPERTY KNOWN AS 6 SANDBRIDGE SHORES BASS INLET 7 (A/K/A MILL POND), AND INTO A 5' CITY- 8 OWNED DRAINAGE AND UTILITY 9 EASEMENT, LOCATED AT THE REAR 10 OF 2945 SAND BEND ROAD 11 12 WHEREAS, John F. Lepine and Elizabeth M. Lepine (the "Applicants") 13 request permission to maintain an existing frame shed with a 3.1' maximum encroachment, 14 an existing 5' x 21' timber pier, an existing 10.3' x 3.5' timber bulkhead, an existing 76.9' x 15 3.5' timber bulkhead with two returns, and an existing 11.8' x 3.5' concrete boat ramp, and 16 to construct and maintain a 12' x 12'four(4)timber pile aluminum boat lift, (collectively, the 17 "Temporary Encroachment") into City-owned property known as Sandbridge Shores Bass 18 Inlet(a/k/a Mill Pond) (GPIN: 2433-33-0267), and into a 5' City-owned drainage and utility 19 easement, located at the rear of 2945 Sand Bend Road (GPIN: 2433-33-2328); 20 21 WHEREAS, City Council is authorized pursuant to §§15.2-2009 and 15.2- 22 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 23 the City's property and easement subject to such terms and conditions as Council may 24 prescribe. 25 26 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 27 VIRGINIA BEACH, VIRGINIA: 28 29 That pursuant to the authority and to the extent thereof contained in §§15.2- 30 2009 and 15.2-2107, Code of Virginia, 1950, as amended,John F. Lepine and Elizabeth M. 31 Lepine, their heirs, assigns and successors in title are authorized to construct and maintain 32 the Temporary Encroachment within the City's property as shown on the map entitled: 33 "EXHIBIT'A'—ENCROACHMENT REQUEST FOR AN EXISTING TIMBER PIER, TIMBER 34 FRAMED SHED, TIMBER BULKHEAD, CONCRETE BOAT RAMP AND A PROPOSED(4) 35 TIMBER PILE ALUMINUM BOAT LIFT FOR: JOHN F. & ELIZABETH M. LEPINE 2945 36 SAND BEND ROAD LOT 78, SECTION 3, BACK BAY MEADOWS M.B. 67, PG. 45," 37 Scale: 1" = 30', dated December 12, 2023, prepared by Stone Green Consulting, LLC, a 38 copy of which is attached hereto as Exhibit "A" and on file in the Department of Public 39 Works and to which reference is made for a more particular description; 40 41 BE IT FURTHER ORDAINED,that the Temporary Encroachment is expressly 42 subject to those terms, conditions and criteria contained in the agreement between the City 43 of Virginia Beach and the Applicants (the "Agreement"), an unexecuted copy of which has 44 been presented to the Council in its agenda and will be recorded among the records of the 45 Clerk's Office of the Circuit Court of the City of Virginia Beach; and 45 BE IT FURTHER ORDAINED, that the City Manager or his authorized 46 designee is hereby authorized to execute the Agreement; and 47 48 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 49 such time as John F. Lepine, Elizabeth M. Lepine and the City Manager or his authorized 50 designee execute the Agreement. 51 52 Adopted by the Council of the City of Virginia Beach, Virginia, on the 53 day of 12024. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: �6-ytn� � UB IC WO KS / REAL ESTATE . HARMEYER SENIOR CITY ATTORNEY CA16271 R-2 Prepared: \\vbgov.com\dfs1\applications\citylaw\cycom32\wpdocs\d027kp048\00948603.doc CANAL SANDBRIDGE SHORES BASS INLET LEPINE ENCROACHMENT EXHIBIT NOW OR FORMERLY M.B.67 PG.45—EBB CITY OF VIRGINIA BEACH 2FLOOD— GPIN:2433-33-0267 21.8' EXISTING iv TIMBER - PIER N 10"34'W in 100.00, in _21' 57.7' EXISTING TIMBER - - - -- - - BULKHEAD T - - - - - --- - 17' T 76.9' MLW&MHW@EX. I `" I BULKHEAD UNLESS MHW EXISTING TIMBER `S OTHERWISE NOTED I 11.8' BULKHEAD I I ( EXISTING CONCRETE FRAMED I- 3.1' y 5'EASEMENTALONG I I BOAT RAMP SHED I I"EACH LOT LINE GRANTED I I" z TO CITY OF VB LAND FOR I a BRIDGE DRAINAGE AND UTILITIES I I (M.B.67 P.451 I I EFII I - o M.B.67 PG.45 FRAMED I LOT 77 I SHED I I `" NOW OR FORMERLY o I LOT 79 ROBERT F&REGINA R. � ( ' NOW OR FORMERLY VALENTINE RLT �' I DECK 13 CAROL R.CURTIS GPIN:2433-33-2248 I I I L I N GPIN:2433-33-1477 INST:202203048526 3 I I LOT 78 I I 0, INST.20150727000712570 M.B.67,PG.45 NOW OR FORMERLY 1 N M.B.67,PG.45 N I I C JOHN F.&ELIZABETH M.LEPINE I ' cn I I GPIN:2433-33-2328 I INST:200404090056388 N i I M.B.67,PG.45 i t �,A�T H I II p Z SEAN E. GREEN D I I I Lic. No. 0402064005 I GRAVEL 1 I DRIVE CONC I I �Z✓,'� DRIVE I '`FSS-13-2 ECG\` I NAL _ PIN _ __ I PIN__ 757'TO BACK N 10*34'00"W 100.00, SAND BEND ROAD BAY CRESCENT . THIS PLAN WAS PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT. 50'RIGHT-OF-WAY M.B.67,PG.45 2 1. THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT REQUEST ONLY.. 3. THIS EXHIBIT IS A RESULT OF FIELD TIES TO EXISTING MONUMENTS COMBINED WITH THE COMPILATION OF DEEDS AND PLATS SHOWN HEREON AND DOES NOT CONSTITUTE A BOUNDARY SURVEY. 4. THE CITY OF VIRGINIA BEACH IS NOT RESPONSIBLE FOR THE VERIFICATION OF THE RESTRICTIONS REQUIRED BY OTHER 0 ASSOCIATIONS OR AGENCIES.30 60 EXISTING CONDITIONS EXHIBIT'A'-ENCROACHMENT REQUEST FOR AN EXISTING TIMBER PIER, TIMBER FRAMED SHED, SCALE:1"=30' TIMBER BULKHEAD, CONCRETE BOAT RAMP AND A ENGINEERING SERVICES PROVIDED BY: PROPOSED(4) TIMBER PILE ALUMINUM BOAT LIFT STONE GREEN CONSULTING, LLC FOR:JOHN F. &ELIZABETH M. LEPINE 4014 MEDINA ROAD#1015,AKRON, OH 44333 2945 SAND BEND ROAD (330)400-3811 LOT 78,SECTION 3, BACK BAY MEADOWS M.B.67, PG.45 DECEMBER 12, 2023 Q2023 WATERFRONT CONSULTING,INC. ALL RIGHTS RESERVED SHEET 1 OF 3 LEPINE ENCROACHMENT EXHIBIT CANAL SANDBRIDGE SHORES BASS INLET NOW OR FORMERLY M.B.67 PG 45 CITY OF VIRGINIA BEACH -EBB FLOOD---- GPIN:2433-33-0267 Q1 12' PROPOSED(4)PILE ALUMINUM BOAT LIFT EXISTING o TIMBER r' 26.3' ---j PIER -�N10"34'W 100.00' - - - __ �,._21' 19, EXISTING TIMBER -- - - - - - BULKHEAD - - - - - - - - --- - - - MLW&MHW @ EX. I I '" I BULKHEAD UNLESS MHW EXISTING TIMBER OTHERWISE NOTED I BULKHEAD EXISTING CONCRETE FRAMED I `'5'EASEMENT ALONG I BOAT RAMP EACH LOT LINE GRANTED LAND SHED TO CITY OF VB FOR I I I DRAINAGE AND UTILITIES I BRIDGE (M.B.67 P.45) EF� LOT 77 FRAMED I I o M.B.67 PG.45 NOW OR FORMERLY o I I SHED I I LOT 79 ROBERT F&REGINA R. I I I NOW OR FORMERLY VALENTINE RLT ~ DECK I I CAROL R.CURTIS GPIN: -2248 I I I Icli INST 2015072700071Z570 INST:202203002203048526 � I I LOT 78 I M.B.67, PG.45 NOW OR FORMERLY M.B.67, PG. 45 N I I C JOHN F. &ELIZABETH M.LEPINE I I rn I I GPIN:2433-33-2328 rl INST:200404090056388 I ��A L T H p,, M.B.67, PG. 45 I I O� 11 I " SEAN E. GREEN n I I j i Lic.I No. 0402064005 I GRAVEL _ •� DRIVE CONC I I F 2-13-24 DRIVE I SSIONAL ECG I I PIN 757'TO BACK N 10°34'00"W 100.00, BAY CRESCENT SAND BEND ROAD . THIS PLAN WAS PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT. '50'RIGHT-OF-WAY 11� Y 2. THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT REQUEST ONLY. M.B. 67, PG.45 3. THIS EXHIBIT IS A RESULT OF FIELD TIES TO EXISTING MONUMENTS COMBINED WITH THE COMPILATION OF DEEDS AND PLATS SHOWN HERON AND DOES NOT CONSTITUTE A BOUNDARY SURVEY. 4. THE CITY OF VIRGINIA BEACH IS NOT RESPONSIBLE FOR THE VERIFICATION OF THE RESTRICTIONS REQUIRED BY OTHER ASSOCIATIONS OR AGENCIES. 0 30 60 PROPOSED IMPROVEMENTS EXHIBIT'A'-ENCROACHMENT REQUEST FOR AN EXISTING TIMBER PIER, TIMBER FRAMED SHED, SCALE: 1"=30' TIMBER BULKHEAD, CONCRETE BOAT RAMP AND A ENGINEERING SERVICES PROVIDED BY: PROPOSED(4) TIMBER PILE ALUMINUM BOAT LIFT STONE GREEN CONSULTING, LLC FOR:JOHN F. & ELIZABETH M. LEPINE 4014 MEDINA ROAD#1015,AKRON, OH 44333 2945 SAND BEND ROAD (330)400-3811 LOT 78,SECTION 3, BACK BAY MEADOWS CQ2023 WATERFRONT CONSULTING, INC. ALL RIGHTS RESERVED M.B. 67, PG.45 DECEMBER 12, 2023 SHEET 2 OF 3 LEPINE ENCROACHMENT EXHIBIT MOUNTING OPTIONS: CABLE ROUTING: PILING MOUNT SIDE MOUNT SINGLE PULL DOUBLE PULL TRIPLE PULL SK-24K LIFTS 5K-16K LIFTS 5K-7K LIFT IOK-16K LIDS 20L-24KK E A 1 �{ 5FTS F ). MOUNT HARDWARE:5/6'X %LING D4l DEIERMINm BY IAll T MIN LE GT BOLT C EX BOLT10R 2X 1 SS T MN.SS HEX HEX BOLT NUTSLOCKS AND _ IBII2'(I/I'$$HE%NUT NUTS B I NOTE:LOAD SHOULD BE EVENLY DISTRIBUTED BY POSITIONING THE CENTER OF GRAVITY DI IN THE CENTER OF AIL LIFTING BEAMS ASCTLY SHOWN IN THE ILLUSTRAHTION IAI 4 PILING BOAT LIFE SPEdFICATION SHEET (B) 201E CRADLE BEAM BUNKS DRIVE DRIVE MINIMUM TOP BEAM(A) (B) (C) CABLE SIZE(D I (E) H.P.MOTOR(F) SWAT PILING (SIZE&CITY.) 4 PILINO BOAT LIFT PILING SPACING S"000 LL S"CHANNEL X 12'6" 4"X 6"X 10' S/16"SS 7/19 3/4 H.P.(CITY.2) 220V 4.9A EACH (313)SINGLE FOUR FILING (A)BOW TO (B)PORTID 7.000 LL 6'CHANNEL X 12'6" 4"X 6"X 12'6' j PULL 1 H.P.(CITY.2) LFTS STERN STARBOARD 220V 6.SA EACH 10p0011 8"(CITY.4)a 3/4 M.P.(CITY.2) (OUTSIDES) (CENTERS) 7'CHANNEL X 12'6" 5"X 8"X 12'6' 5/16"SS 7/19 2 1 4.9A EACH g SAM LL 10 FT 13,000 LL (.313)DOUBLE 'a7,000 LL PULL ri 1 H.P.(QTY.2) _ 10,000 LB. 16AM LL 8"CHANNEL X 12'6" 6"X 10"X 14' c 220V 6.SA EACH 12 FT 6 IN 12 FT 6 IN 20,000 LL 6"X 10"X 15' 3 3/4 H.P.(CITY.2) .. 13,000 LL 5/16"SS 7 PLE r220 4.9A EACH 10"(CITY.4) 16,000 LB.9"CHANNEL X 14'6" � 5/26"TRI/19 20,000 LL24j=LL 7"X 12"X 26' PULL P.(CITY,2) 15 FT 6.8A EACH 24,000 LB. 14 FT 6 IN 16 FT TITLE: NGNEERNG SEAL AFFIXED HERETO VALIDATE$STRUCTURAL DESIGN AS PH:800.3251116 HowN ONLY.USE OF THIS SPECIFICATION BY CONTRACTOR.et.DI. ENGINEERS SEAL 5K-24K 4 POLE BOAT LIFT FAX DEMNffES6SAVESHARMLESSTHISENGINEERFORALLCOSTISDAMAGES TIDETAMER.COM NCLUDING LEGAL FEES L APPELLATE FEES RESULTING FROM MATERIAL ENGINEERING SHEET P.O.BOX II IB A'IRFT'ON.SYSTEM ERECTION a CONSTRUCTION PRACTCIES BEYOND SNOW Hat,NC 28580 HAT WHICH IS CALLED FOR BY LOCAL STATE.A.FEDERAL CODES a FORM TIONS OF THIS PLAN.EXCEPT AS EXPRESSLY PROVIDED w HEREx NO ?201`1 MRY AND ERTI, '.N OR AFFIRMATIONS ARE INTENDED. SIZE DWG. NO. REV Du AUl WELCH,INC.HIS NOT VMWMM TIi61p8 SFTE INFORMATgN COM na NN�xN.mncoM�«fnw EREiNIS BASED ON CONTRACTOR SUPPLIED DATA AI�MEASUREMEN15, A na DX.wwc WINE 50K AUL WELCH.INC.SHALL NOT BE IiHDRESPONS6LE OR UABLEN ANY WAY ENGINEERING N *�pi611 R R ERRORNEOUS OR INACCURATE DATA OR MEASURHNBJTS.WORK SHALL Ma Aµvn�oie E VERIFIED PRIOR TO CONSTRUCigN.PAUL WELCH,INC.$HALL BE NOTIFIED wNlrtNvmwsioNa DDE AM[a D GIVEN AN OPPORILNRY TO REEVALUATE OUR WORK UPON DISCOVER SCALE AS NOTEDA DAMCC I2�Ie SHEET 1 OF 1 D"°I® ANY INACCURATE INFORMATKJN PRIOR TO MODEK ATION OF DBSTNG N AN F AN MAT t W H OF L� o � SEAN E. GREEN a Uc. No. 0402064005 'nFSS -13-2 ECG\\` 4NAL EXHIBIT A'-ENCROACHMENT REQUEST FOR AN EXISTING TIMBER PIER, TIMBER FRAMED SHED, TIMBER BULKHEAD, CONCRETE BOAT RAMP AND A ENGINEERING SERVICES PROVIDED BY: PROPOSED(4) TIMBER PILE ALUMINUM BOAT LIFT STONE GREEN CONSULTING, LLC FOR:JOHN F. &ELIZABETH M. LEPINE 4014 MEDINA ROAD#1015,AKRON, OH 44333 2945 SAND BEND ROAD (330)400-3811 LOT 78,SECTION 3, BACK BAY MEADOWS M.B.67, PG.45 DECEMBER 12, 2023 Q2023 WATERFRONT CONSULTING,INC. ALL RIGHTS RESERVED SHEET 3 OF 3 PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C)(4) THIS AGREEMENT, made this f day of �r�� , 2024, by and between the CITY OF VIRGINIA BEACH. VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and JOHN F. LEPINE and ELIZABETH M. LEPINE, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, collectively "Grantee", even though more than one. WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as Lot 78", as shown on that certain plat entitled: "SECTION 3, BACK BAY MEADOWS, PROPERTY OF NORTH BAY DEVELOPMENT CORPORATION, PRINCESS ANNE BOROUGH, VIRGINIA BEACH VIRGINIA," SCALE: 1" = 100', dated July 16, 1964, prepared by W.B. Gallup, which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 67, at page 45, and being further designated, known, and described as 2945 Sand Bend Road, Virginia Beach, Virginia 23456; WHEREAS, it is proposed by the Grantee to maintain an existing frame shed with a 3.1' maximum encroachment, an existing 5' x 21' timber pier, an existing 10.3' x 3.5' timber bulkhead, an existing 76.9 'x 3.5' timber bulkhead with 2 returns, and an existing 11.8' x 3.5' concrete boat ramp, and to construct and maintain a 12' x 12' four (4) timber pile aluminum boat lift, collectively, the "Temporary Encroachment" in the GPIN: 2433-33-0267 (CITY PROPERTY KNOWN AS SANDBRIDGE SHORES BASS INLET A/K/A MILL POND) CITY-OWNED 5' DRAINAGE AND UTILITY EASEMENT (NO GPIN) 2433-33-2328 (2945 SAND BEND ROAD) City of Virginia Beach; and WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of City-owned property known as Sandbridge Shores Bass Inlet (a/k/a Mill Pond) (GPIN: 2433-33- 0267) and into a 5' City-owned drainage and utility easement, collectively, the "Encroachment Area", and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt and sufficiency of which are hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT 'A' — ENCROACHMENT REQUEST FOR AN EXISTING TIMBER PIER, TIMBER FRAMED SHED, TIMBER BULKHEAD, CONCRETE BOAT RAMP AND A PROPOSED (4) TIMBER PILE ALUMINUM BOAT LIFT FOR: JOHN F. & ELIZABETH M. LEPINE 2945 SAND BEND ROAD LOT 78, SECTION 3, BACK BAY MEADOWS M.B. 67, PG. 45," Scale: 1" = 30', dated December 12, 2023, prepared by Stone Green Consulting, LLC, a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood that any existing encroachment referenced in the attached Exhibit or in this Agreement are the ongoing maintenance 3 obligation of the Grantee and the City disclaims any ownership interest or maintenance obligation of such encroachment. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00, per person injured and property damage per incident, combined. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachments is allowed 4 to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, JOHN F. LEPINE AND ELIZABETH M. LEPINE, the said Grantees, have caused this Agreement to be executed by their signatures. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 5 CITY OF VIRGINIA BEACH By: (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2024, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public My Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2024, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public My Notary Registration Number: My Commission Expires: 6 J,cz /;— Jo F. Lepine Elizabeth M. Lepine STATE OF VI k�l 1�14 CITY/COUNTY OF &�I,iA 1 Gc4c4, to-wit: The foregoing instrument was acknowledged before me this day of fAuc t, , 2024, by John F. Lepine and Elizabeth M. Lepine. J,44 a6 (SEAL) Notary Public DRUCILLA ABIGAIL GRIFFIN.CALLAWAV NOTARY PUBLIC My Notary Registration Number: SID $ 3 g�� REG.»8083860 My Commission Expires: CH - 304 apa1 MY CCOM COMMONWEALTH ION AL EXPIRES VIRGINIA 2027 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM U LIC WORKS — REAL ESTATE H SENIOR CITY ATTORNEY 7 CANAL SANDBRIDGE SHORES BASS INLET LEPINE ENCROACHMENT EXHIBIT NOW OR FORMERLY M.B.67 PG.45 EBB CITY OF VIRGINIA BEACH FLOOD- GPIN:2433-33-0267 21.8' EXISTING iv TIMBER - PIER N 10°34'W m Zn _21' __ 57.7' � 100.00' EXISTING TIMBER - - - - - - - - BULKHEAD - - - - - - - - - 76.9' 1.7' MLW&MHW @ EX. 1 rn I BULKHEAD UNLESS ( 11 8 EXISTI NG BULTIMBER KHEAD I OTHERWISE NOTED 1 EXISTING CONCRETE FRAMED 1� 3.1' 5'EASEMENT ALONG 1 I BOAT RAMP EACH LOT LINE GRANTED SHED IN TO CITY OF VB FOR LAND 1-4 I z DRAINAGE AND UTILITIES BRIDGE (M.B.67 P.4S) 1 � 1 o M.B.67 PG.45 FRAMED o LOT 77 SHED NOW OR FORMERLY o l I I LOT 79 ROBERT F&REGINA R. W 1 1 NOW OR FORMERLY VALENTINE RLT �' DECK 3 CAROL R. CURTIS GPIN:2433-33-2248 I %D GPIN:2433-33-1477 INST:20220304BS26 3 I LOT 78 I I N,g INST.20150727000712570 M.B. 67,PG.45 NOW OR FORMERLY 1 ^ M.B.67, PG.45 N I C JOHN F.& ELIZABETH M.LEPINE I zh I GPIN:2433-33-2328 I ^ INST:200404090056388 M.B. 67, PG. 45 i i oa�F,a L T H SEAN E. GREEN I ALic. No. 0402064005 I GRAVEL 1 CONC DRIVE I ?�DRIVE i '`FS 2-13-24 S/4NAt EN _ PIN -® - PIN ® 75T TO BACK N 10`34'00"W 100.00'BAY CRESCENT SAND BEND ROAD . THIS PLAN WAS PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT. '50'RIGHT-OF-WAY 1 Y 2. THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT REQUEST ONLY. M.B. 67,PG.45 3. THIS EXHIBIT IS A RESULT OF FIELD TIES TO EXISTING MONUMENTS COMBINED WITH THE COMPILATION OF DEEDS AND PLATS SHOWN HEREON AND DOES NOT CONSTITUTE A BOUNDARY SURVEY. 4. THE CITY OF VIRGINIA BEACH IS NOT RESPONSIBLE FOR THE VERIFICATION OF THE RESTRICTIONS REQUIRED BY OTHER ASSOCIATIONS OR AGENCIES. 0 30 60 EXISTING CONDITIONS EXHIBIT A'-ENCROACHMENT REQUEST FOR AN EXISTING TIMBER PIER TIMBER FRAMED SHED, SCALE:1"=30' TIMBER BULKHEAD, CONCRETE BOAT RAMP AND A ENGINEERING SERVICES PROVIDED BY: PROPOSED(4) TIMBER PILE ALUMINUM BOAT LIFT STONE GREEN CONSULTING, LLC FOR:JOHN F.&ELIZABETH M. LEPINE 4014 MEDINA ROAD#1015,AKRON, OH 44333 2945 SAND BEND ROAD (330)400-3811 LOT 78, SECTION 3, BACK BAY MEADOWS ©2023 WATERFRONT CONSULTING, INC. ALL RIGHTS RESERVED M.B. 67, PG.45 DECEMBER 12, 2023 SHEET 1 OF 3 LEPINE ENCROACHMENT EXHIBIT CANAL SANDBRIDGE SHORES BASS INLET M.B.67 PG.45 NOW OR FORMERLY �EBB� CITY OF VIRGINIA BEACH FLOOD GPIN:2433-33-0267 12' PROPOSED(4)PILE ALUMINUM BOAT LIFT EXISTING o TIMBER '" 26.3'---1 PIER N 10 .00, 10000 EXISTING TIMBER BULKHEAD — — — — — — MLW&MHW @ EX. BULKHEAD UNLESS MHW EXISTING TIMBER I I OTHERWISE NOTED I BULKHEAD I I I I EXISTING CONCRETE FRAMED S'EASEMENT ALONG BOAT RAMP 1 EACH LOT LINE GRANTED 1 f SHED I 1 TO CITY OF VB FOR I LAND DRAINAGE AND UTILITIES BRIDGE (M.B.67 P.45) FRAMED I 1 M.B.67 PG.45 I o LOT 77 I SHED NOW OR FORMERLY o I I LOT 79 ROBERT F&REGINA R. I f f 1 NOW OR FORMERLY EDECK VALENTINE RLT '" I 1 3 CAROL R.CURTIS r GPIN: 2433-33-2248 I i I c GPIN:2433-33-1477 INST:202203048526 f LOT 78 INST:20150727000712570 M.B.67,PG.45 3 1 NOW OR FORMERLY I M.B.67, PG.45 �`°•, I i JOHN F.& ELIZABETH M.LEPINE GPIN:2433-33-2328 I INST.200404090056388 I I �t p L T H 0�, M.B.67, PG. 45 If II o i SEAN E. GREEN I I I I GRAVEL Lic. No. 0402064005� I I I I A . CONC _q I i DRIVE DRIVE i ; HE'S I-13-2 E. � I NAL N _ PIN 757'TO BACK N 10°34'00"W -- 100.00' BAY CRESCENT SAND BEND ROAD ®® e I. THIS PLAN WAS PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT. 50'RIGHT-OF-WAY 2. THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT REQUEST ONLY. M.B. 67,PG.45 3. THIS EXHIBIT IS A RESULT OF FIELD TIES TO EXISTING MONUMENTS COMBINED WITH THE COMPILATION OF DEEDS AND PLATS SHOWN HERON AND DOES NOT CONSTITUTE A BOUNDARY SURVEY. 4. THE CITY OF VIRGINIA BEACH IS NOT RESPONSIBLE FOR THE VERIFICATION OF THE RESTRICTIONS REQUIRED BY OTHER ASSOCIATIONS OR AGENCIES. 0 30 60 PROPOSED IMPROVEMENTS I EXHIBIT A'-ENCROACHMENT REQUEST FOR AN SCALE: 1"=30' EXISTING TIMBER PIER, TIMBER FRAMED SHED, TIMBER BULKHEAD, CONCRETE BOAT RAMP AND A ENGINEERING SERVICES PROVIDED BY: PROPOSED(4) TIMBER PILE ALUMINUM BOAT LIFT STONE GREEN CONSULTING, LLC FOR:JOHN F. &ELIZABETH M. LEPINE 4014 MEDINA ROAD#1015,AKRON, OH 44333 2945 SAND BEND ROAD (330) 400-3811 LOT 78,SECTION 3, BACK BAY MEADOWS ©2023 WATERFRONT CONSULTING, INC. ALL RIGHTS RESERVED M.B.67, PG.45 DECEMBER 12, 2023 SHEET 2 OF 3 LEPINE ENCROACHMENT EXHIBIT 77Z;T TIONS: CABLE ROUTING: DE MOUNT SINGLE PULL DOUBLE PULL TRIPLE PULL I -16K LIFTS 5K-7K LIFTS 10K-16K LIFTS 20K-24K LIFTS E A .� D D D• F T HARDWARE 5j%-X t OETFRMRAED BYIAII 2X 1?SSLAG BOLTAC OR 2X"E"'IPI'X251SMNOLT Wl LOCKS ANO IBII2X 1/7 SS HEX NUT NUTS . B N07E:LOAD SHOULD BE EVENLY DISTRIBUTED BY POSffgtLNG THE CENTER Of GRAVITY DBUECRY IN THE CENTER OF THE LIFTING BEAMS AS SHOWN W THE ILLUSTRATION 4 PILING BOAT LIFT SPECIFICATION SHEET (A) (B) 2018 TOP BEAM A) CRADLE BEAM BUNKS DRIVE DRIVE MINIMUM ( (B) (C) CABLE SIZE 1 D) (E) H.P.MOTOR 1 F) SHAFT PILING (SIZE&CITY.) 4 PILING BOAT LIFT PILING SPAGNG 5,000 l6. S"CW WNEI%12'6" 4"X 6"X 30' 5/16"55 7/19 3/4 H.P.(CITY.2) (.313)SINGLE 22OV 49A EACH (A)BOW TO (B)PORT TO 7,000 L& 6"CHANNEL X 12'6" 4"X 6"X 12'6" j PULL 1 H.P.(QTY.2) FOUR PILING 220V 6.BA EACH LIFTS SRN STARBOARD 1Op00 da 3/4 H.P.(CITY.2) 8"(CITY.4) Iol1TSIDFS) (CENTERS) SAM LB. 7"CHANNEL X 12'6" 5"X 8"X 12'6" 5/16"SS 7/19 2 220V 49A EACH a 10 FT 13AM L& (.313)DOUBLE o N 7,000 L& PULL G 1 H.P.(CITY.2) 16,000 LB. 8"CHANNEL X 12'6" 6"X 10"X 14' it 220V 6.8A EACH 10 OOp I.B. 12 FT 6 IN 12 FT 6 IN 0 13ADD LB, 20A M L& 6"X 10"X 15' 3/4 H.P-(CITY.2) 5/16"SS 7/19 220V"A EACH 10"(CITY.41 16,0p0 LB. 9"CHANNEL X 14'6" 2 (.313)TRIPPLE 14 FT 24AN UB. 7"X 12"X 16' PULL 1 H.P.(CITY.2) 20AW LL 15 Fr 220V 6.BA EACH 24,000 LB 14 FT 6 IN TITLE: FAUL EERING SEAL AFFIXED HERETO VALIDATES 27RI1CNWLL DESIGN AS 16 FT AX BLX1325-T 1 T 6 N ONLY.USE OF THIS SPECBICATION BY CONTRACTOR,eT.aI. ENGINEERS SEAL 5K-24K 4 POLE BOAT LIFT FAETAMER.CO IRESLSAVESHARMLESSTHtS NGINEERFORALLCOSTBDAMAGESTIDLTAME I I IBM DING LEGAL FEES L APPELLATE Fffi TtfSl0.7NG IkOrd MA1Tt1AL ENGINEERING SHEET PO'�XIIIBHIICAT HISYSTEM ERECTION L CONSTRUCTION PRACTICES BEYOND SNOW HUL NC 28580 HICH ISCALLED FOR BY LOCAL STATE L F®ERAL CODES L FORM IONS OF THIS PLAN,EXCEPT AS EXPRESSLY PROVIDED N HEREINNO PWP@IARY AHD CATIONOR AFfIRMA710N$ATE WTBaO®. SIZE DWG. NO. REV ELCH,WC.HAS NOT VWTED IHS JOB SIZENw A= IS BASED ON CONTRACTOR SUPPLIED DATA AND MEASUREMEMR, 1 Y�ior°Liimr a TOE�TAwQx OR ERROR14EOUS OR INANC°CURqT BE�DgTA60POR�LE oR LIABLE W ANY WAY ENGINEERING .w,a AN aKoo ap„� Ix:EAAerrs.woRX SHAH eTOX Al A nHOU"mwul� VERIFIED PRIOR i0 Co PAUL WELCH.B1C.SHALL BE NOTNB r wrrt«ran�mw a rKre 1 D GIVEN AN OPPORTUNRY/0 REEYAIUATE OUR wOR1(UPON pISCOygt SCALE- A'100D ACC T3-rrle SHEET 1 OF 1 "�'�6°PO1�"® f ANY INACCURATE W FORMATION PRIOR TO MODBICATION OF OOS7NG I D N AN FABRICA AN LA MAl tpLTH O,r`i SEAN E. GREEN Lic�. No. 0402064005 nFs -13-24 TONAL E EXHIBIT A'-ENCROACHMENT REQUEST FOR AN EXISTING TIMBER PIER, TIMBER FRAMED SHED, TIMBER BULKHEAD, CONCRETE BOAT RAMP AND A ENGINEERING SERVICES PROVIDED BY: PROPOSED(4) TIMBER PILE ALUMINUM BOAT LIFT STONE GREEN CONSULTING, LLC FOR:JOHN F. &ELIZABETH M. LEPINE 4014 MEDINA ROAD#1015, AKRON, OH 44333 2945 SAND BEND ROAD (330)400-3811 LOT 78,SECTION 3, BACK BAY MEADOWS ©2023 WATERFRONT CONSULTING,, INC. ALL RIGHTS RESERVED M.B. 67' PG.45 DECEMBER 12, 2023 SHEET 3 OF 3 Lepine Encroachment Photo Exhibit g I� Y View looking South showing similar encroachments *14-0 t4=: r:✓ ' y View looking East ' •. N �� s !► L+ b �� W E r Pr .;a'• S r6 x N va r, 1 r a �- LOCATION MAP 4' a � ENCROACHMENT REQUEST _ FOR JOHN F. LEPINE AND ELIZABETH M. LEPINE Legend �f 2945 SAND BEND RD. Q2 -33-2328 " G P I N 2433-33-2328 433 '.q. Feet City Property l^ ,� R 0 50 100 200 Prepared by P.W./Enq./Enq.Support Services Bureau 12/21/2023 X\CADD\Projects\ARC Files�AGENDA MAPS\2433-33-2328\2433-33-2328 Aerial.mxc N W E 0 �o m S A O A SITE m N 4-0 '0 10 0 GCS S �O N C 72 o CI o o LOCATION MAP ENCROACHMENT REQUEST FOR JOHN F. LEPINE AND ELIZABETH M. LEPINE Legend El 2945 SAND BEND RD. Q 2433-33-2328 G P I N 2433-33-2328 Feet City Property 0 50 100 200 Prepared by P.W./Enq./Enq. Support Services Bureau 12/21/2023 X:\CADD\Projects\ARC Files AGENDA MAPS\2433-33-2328\2433-33-2328.mxc DocuSlgn Envelope ID:7DAWA0-179D-47DS-6794-8D48784909E4 Dist�osure ST-h,t 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 John F. and Elizabeth M. Lepine Does the applicant have a representative? Yes ❑ No • If yes,list the name of the representative. Robert Simon-Waterfront Consulting,Inc. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? ❑ Yes ® No • If yes, list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) '"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. 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. 11Page DocuSign Envelope 10:7DA46FAo-179D-47D5-B794-8D48784909E4 i] Disclosure Statement caw,,;tia Planning & Communi Develo went Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑ Yes ® No • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ® No • If yes,identify the financial institutions. None 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑ Yes ® No • If yes,identify the real estate broker/realtor. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes ® No • If yes,identify the firm or individual providing the service. None o 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 or 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. 2 1 P a g e DocuSign Envelope ID:7DA46FA0-179D-47D5-B794-8D48784909E4 Disclosure Statement z'u Y�q t cyfer.::8w r" Planning& CommunityMwaiiiiiiiiiiiii . 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 construction contractor. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property? M Yes ❑ NO • If yes,identify the engineer/surveyor/agent. Agent-Robert Simon,Waterfront Consulting, Inc. Engineer-Sean Green,P.E. 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 name of the attomey or firm providing legal services. Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. --D—SW"by: ooeuftned by: M ApPI'icant Signature r John F.and Elizabeth M. LePine Print Name and Title 12/13/2023 Date Is the applicant also the owner of the subject property? Al 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 Plaonning Commission and City Council meeting that pertains to the applications No changes as of �� fir• — Print Name 3 1 P a g e 1 Cv i> CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Funds for the Prevention Services Program in the Department of Human Services MEETING DATE: April 16, 2024 ■ Background: The Prevention Services Program in the Department of Human Services (DHS) provides an array of strategies intended to prevent substance use disorders. The City follows the Strategic Prevention Framework established by the Commonwealth. The Virginia Department of Behavioral Health and Developmental Services provides one-time federal pass-through funding to DHS in support of these efforts. ■ Considerations: If approved, the funds will support the Prevention Services Program. As one-time funding, continued funding is not guaranteed. These additional funds will be available for reimbursement from February 1, 2024, through September 30, 2025. ■ Public Information: Normal Council Agenda process. ■ Recommendations: Adopt the attached ordinance. ■ Attachment: Ordinance Recommended Action: Approval Submitting Department/Agency: Department of Human Services City Manager: )kl 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS 2 FOR THE PREVENTION SERVICES PROGRAM IN THE 3 DEPARTMENT OF HUMAN SERVICES 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA THAT: 7 6 $7,940 is hereby accepted from the Virginia Department of Behavioral Health and 9 Developmental Services and appropriated,with revenue increased accordingly,to the FY 10 2023-2024 Operating Budget of the Department of Human Services for the Prevention 11 Services Program. Adopted by the Council of the City of Virginia Beach, Virginia on the day of —_ ,, 2024. Requires an affirmative vote by a majority of a#the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: R Budget and Ma agement Services ttomey's Office CA16473 R-1 April 2,2024 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Transfer Up to $800,000 in Vacancy Savings within the General Fund to the Department of Emergency Medical Services and to Authorize Two Positions MEETING DATE: April 16, 2024 ■ Background: Emergency medical services (EMS) agencies in the Hampton Roads region of the Commonwealth of Virginia have received crucial medical supplies for several decades through a drug and IV box exchange program run by the Tidewater EMS Council (TEMS). Under this arrangement, area hospitals exchange fully stocked medical supply kits with ones that have been depleted by EMS providers in the field at no cost to EMS departments. Hospitals pay for these supplies, as well as physician oversight of the exchange initiatives and staff labor to restock the kits. In Virginia Beach, both EMS and Fire currently participate in the same drug/IV box kit exchange program. There are 81 drug and IV boxes in service throughout the City. From these kits, more than 13,000 therapies are administered each year at an estimated cost of$350,000 - $400,000. Changes in federal law have brought mandated reforms to this process. Under the Protecting Patient Access to Emergency Medications Act of 2017 and the Drug Supply Chain Security Act, individual EMS departments must now establish dedicated internal pharmaceutical management programs. The end of the statutory "grace period" enumerated in the bills passed by Congress is November 27, 2024. If no action is taken by the City and a program is not built for drug and IV exchanges by then, the Department of EMS and the Fire Department will not be allowed to administer advanced life support medications and pharmaceutical therapies beyond that date. In order to ensure EMS is prepared to meet new federal regulations, this ordinance will provide flexibility to the City Manager to establish two new positions and transfer funding within the General Fund. It is possible the full amount of funding and positions will not be needed. One unknown is whether Sentara will provide a 1:1 exchange program. The funding request includes: • Two new full-time employees to plan, build and administer an internal EMS pharmaceutical supply program. • Start-Up Supply Costs of approximately $800,000 • $100,000 for added vehicle(s), staff computers, radios, uniforms, etc. • $250,000 for procurement of appropriate, and DEA approved, drug/IV supply storage setups to put in place within Fire/EMS and rescue squad stations throughout the City. 0 Up to $450,000 for procurement of initial medication and IV supply stock. ■ Considerations: The estimated FY 2023-24 cost is $800,000 and will be covered through a transfer of vacancy savings within the General Fund. In addition, the following funding in an estimated amount of $560,915 will need to be budgeted annually beginning in FY 2024-25 through the Reconciliation process as it was not part of the original EMS budget submission: • Continued funding for the 2.0 new FTEs- estimated to be $185,915. • An estimated $375,000 for medication restock, IV supply restock, etc. To provide a sustainable funding source for the program, during Reconciliation, the City Council could redirect a portion of the funding and the positions added for EMS in the Proposed Operating Budget. For example, the proposed budget provides a total of 4.0 paramedic positions to EMS for $320,356 and a $800,000 grant to the Virginia Beach Rescue Squads. Redirecting the FTEs that were added as a part of the proposed budget would reduce the number of paramedics added to staff ambulances but will allow for the continuation of the pharmaceutical program. ■ Public Information: Normal Council Agenda Process. ■ Attachments: Ordinance; March 22, 2024 Memorandum Recommended Action: Approval Submitting Department/Agency: Emergency Medical Services City Manager: h-O 1 AN ORDINANCE TO TRANSFER UP TO $800,000 IN 2 VACANCY SAVINGS WITHIN THE GENERAL FUND TO 3 THE DEPARTMENT OF EMERGENCY MEDICAL 4 SERVICES AND TO AUTHORIZE TWO POSITIONS 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 1) A transfer of up to $800,000 is hereby authorized from vacancy savings in the 10 General Fund to the Department of Emergency Medical Services for the 11 establishment and administration of a municipal pharmaceutical program for 12 EMS, Fire, and rescue squad staff and members. 13 14 2) That 2.0 FTEs are hereby authorized within the Department of Emergency 15 Medical Services to support this program. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2024. APPROVED AS TO CONTENT: APPROVED TO LEGAL SUFFICIENCY: B dget and Management Services A rney's Office CAI 6476 R-1 April 2, 2024 �u eet z City Council f0 -C f Staff Report `y 4 Subject: Urgent Funding Request: Federal Regulation Changes to Impact EMS/Fire Pharmaceutical Supply Program Author: Patrick A. Duhaney, City Manage Departments: Budget and Management Services, mergency Medical Services, Fire Date: March 22, 2024 Type of Item: Informational—City Council Only Summary On March 15, 2024, the Department of Emergency Medical Services was notified of Federal regulation changes through the U.S. Drug Enforcement Agency as well as the U.S. Food and Drug Administration that will necessitate changes in how medications for EMS agencies are stored and purchased. The Virginia Board of Pharmacy has indicated that federal law will prohibit the current practice of how regional EMS services are provided. As a result, a full, City-run EMS pharmaceutical supply program will need to be in place and operational prior to November 2024 to continue prehospital patient care services. Since being notified of the regulation changes, staff has been diligently working to determine resource needs (e.g., personnel, technology, supplies, etc.)needed to sustain service delivery. The departments of Budget and Management Services, Emergency Medical Services and Fire are working together to develop solutions for filling the gap left by the final rule enforced through the Virginia Board of Pharmacy. As we work through the details of what this change means for service delivery, staff has outlined resource needs and potential funding mechanisms for City Council consideration. The immediate request for positions and funding will come forward at the soonest available voting meeting and because the impacts of the federal law were not known at the time of the development of the FY2024-25 Proposed Operating Budget, additional adjustments will need to be made to the department's operating budget as a part of Reconciliation. Executive Summary For more than forty (40) years, regional emergency medical services (EMS) agencies in the Tidewater region received pharmaceutical supplies,such as medications and intravenous(IV) therapies, through a drug and IV box exchange program. The exchange program was managed through the Tidewater EMS Council, Inc. (TEMS) and area hospitals participated by exchanging fully stocked kits for ones that were used, at no cost to EMS agencies. City Council Staff Report Urgent Funding Request: Federal Regulation Changes to Impact EMS/Fire Pharmaceutical Supply Program March 22, 2024 Agencies, such as the Department of EMS and the Fire Department, carry both an IV and Drug box. These boxes are opened when a patient may require an IV or medication. The ambulance crew then exchanges the open box for a new re-stocked box at the hospital the patient was transported to. Currently, the hospital systems pay for the restocking of these boxes and provide the physician oversight and/or staff labor to restock these. Federal regulatory changes will necessitate an end to the regional kit exchange program. The Protecting Patient Access to Emergency Medications Act of 2017 (PPAEMA) will result in new Drug Enforcement Agency(DEA)regulations, and the Drug Supply Chain Security Act (DSCSA) is forcing new Food and Drug Administration (FDA) regulations that have an enforcement date of November 27, 2024. The current regional drug and IV kit exchange process will not be compliant with new DSCSA requirements. In Virginia Beach, both EMS and Fire currently participate in the same drug/IV box kit exchange program. There are 81 drug and IV boxes in service throughout the city. From these kits, more than 13,000 therapies are administered each year at an estimated cost of$350,000- $400,000. Summary of the Problem • The Department of EMS provides the prehospital medical oversight, licensure and related framework for the prehospital patient are components of the city's emergency response system. The department will now need to apply for a controlled substance registration and DEA licensure. • The Department of EMS will need the staff, logistics, and financial capacity to fully manage the procurement, restocking, auditing and medical oversight of related pharmaceuticals and supplies if the hospital systems do not continue to provide this. o The EMS Chief will submit a letter to Sentara requesting support of a 1:1 exchange program which could result in cost savings if mutually agreed upon. • A full, internal, EMS pharmaceutical supply program will need to be in place and operations prior to November 2024, for all prehospital patient care services to continue. • The Virginia Board of Pharmacy regulations for Schedule VI medications, or those least likely to be abused, create additional burdens and barriers for licensed EMS agencies. These regulations are open for public comment as part of a review process on March 28, 2024, and EMS staff intends to attend, and provide comment requesting updates and/or EMS agency exemption. Page 2 of 5 City Council Staff Report Urgent Funding Request: Federal Regulation Changes to Impact EMS/Fire Pharmaceutical Supply Program March 22, 2024 Background • The regional drug and IV box exchange system will not be authorized, as is, after November 2024. • The Department of EMS does not currently have the staff, logistical foundation, or financial capacity to initiate and sustain its own drug and IV supply program without additional support. • EMS staff is conducting research and site visits, both within Virginia and outside, to develop `best-practices' for use within the City's emergency response system. • The Department of EMS is applying for the required Board of Pharmacy Controlled Substance Registration and DEA Drug Diversion licensure. • In 49 other states EMS agencies provide for their own drug and IV supply needs,either directly, or through a 1:1 medication or supply item exchange with their local healthcare system. • Controlled substances are classified as Schedule I through VI by the Virginia Board of Pharmacy. EMS and Fire utilize medications in Schedules II through VI, with narcotics being those in Schedules II through V.Virginia is the only state in the country to add a Schedule VI, which includes most medications used by EMS. This adds additional storage and accountability requirements that EMS agencies in other states do not have. Alternatives for City Council to Consider Option 1: Fully Fund at approximately $850,000 and 2.0 FTEs in FY24 and incorporate an additional $575,000 in the FY25 Reconciliation Process • This option is the best possible solution given the urgency and critical nature of this challenge. Staff can continue to monitor process improvement options, funding strategies and grant opportunities. Option 2: Phased or Partial Funding • The Department of EMS could realign staff and resources from other programmatic areas, such as EMS training, mobile integrated healthcare, or other staff support position. However, any such realignment would limit outcomes in those areas. This is not ideal given the call volume and increasing pressures on the existing staff and volunteers. Page 3 of 5 City Council Staff Report Urgent Funding Request: Federal Regulation Changes to Impact EMS/Fire Pharmaceutical Supply Program March 22, 2024 Option 3: Delaying Action • A delay in action could be exasperated by supply chain issues and the Department of EMS and the Fire Department may have a service level interruption as of November 2024. Option 4: Null Alternative • If nothing is done the Department of EMS and the Fire Department will not be able to administer advanced life support medications and pharmaceutical therapies beyond November 2024. Funding Source/Resource Impacts The recommended funding source for the resources needed in the current fiscal year is vacancy savings within the General Fund. At the soonest available City Council meeting staff will bring forth an ordinance to establish additional positions and provide transfer authority for the City Manager to implement this necessary program. Because the impacts of the federal law were not known at the time of the development of the FY2024-25 Proposed Operating Budget, additional adjustments will need to be made to the department's operating budget as a part of Reconciliation. The estimated costs, including the one-time startup costs are as follows: Need FTE Cost EMS Brigade Officer 2.0 FTE $200,000 EMS Paramedic Start-Up Supply Costs - $800,000 Annual Pharmaceutical Re- $375,000' Supply - Cost Breakdown: Additional staff, funding, and resources are immediately needed to sustain prehospital treatments and outcomes. These resources were not included as a part of the EMS FY 2024- 25 Proposed Budget. The upcoming FY24 request will include: • At least two new fulltime (2.0 FTE) employees to plan, build and administer an internal EMS pharmaceutical supply program • Start-Up Supply Costs of approximately $800,000 ' This cost is subject to change if Sentara Health agrees to the 1:1 program which could alleviate some expenses Page 4of5 City Council Staff Report Urgent Funding Request: Federal Regulation Changes to Impact EMS/Fire Pharmaceutical Supply Program March 22, 2024 • $100,000 for added vehicle(s), staff computers, radios, uniforms, etc. • $250,000 for procurement of appropriate, and DEA approved, drug/IV supply storage setups to put in place within Fire/EMS and rescue squad stations throughout the city. • Up to $450,000 for procurement of initial medication and IV supply stock. In addition, the following funding will need to be budgeted annually beginning in FY25 through the Reconciliation process as it was not part of the original EMS budget submission: • Continued funding for the net new FTEs • An estimated $375,000 for medication restock, IV supply restock, etc. Should you have any additional questions or concerns, please contact me or Emergency Medical Services Chief Jason Stroud at JEStroudavbgov.com or 757-385-2983. Attachments (1) • Tidewater EMS Council, Inc. Memorandum Page 5 of 5 L i CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CITY OF VIRGINIA BEACH [Applicant & Property Owner] APPEAL of Historical Review Board decision on application to modify Certificate of Appropriateness#21-20 to temporarily alter window openings (APPROVED) and remove natural slate roof and replace with synthetic slate (DENIED) for the property located at 2403 Courthouse Drive (GPIN 1494814958). COUNCIL DISTRICT 2 MEETING DATE: April 16, 2024 ■ Background: The Municipal Center is located within the Courthouse Historic & Cultural District, a zoning overlay established on May 12, 1969, to preserve and protect the historic, cultural, and architectural heritage of the Municipal Center and Courthouse Village. This area is significant as the seat of local governance in Virginia Beach and former Princess Anne County. Per Section 1303(a) of the Zoning Ordinance, a Certificate of Appropriateness issued by the Historical Review Board is required before any building or structure (including signs) in a Historic& Cultural District is constructed, altered, repaired, relocated, or demolished. On January 19, 2022, the Historical Review Board approved Certificate of Appropriateness (COA) #21-20 for a partial exterior renovation of Building 3 (former City Hall). The approved scope of work specifically excluded repairs or alterations to the roof of the building which were planned for a future repair project. In Fall 2023, the Department of Public Works applied for an after-the-fact modification to COA#21-20 to approve temporary alterations to window openings made in the building's east elevation and to approve the removal of the natural slate roof on Building 3 and replacement with synthetic slate. The described work was started before an application for a Certificate of Appropriateness was submitted. The proposed synthetic slate is DaVinci Province in "Slate Gray." On December 20, 2023, the Historical Review Board heard the application for the modification and approved the request for the temporary alterations made to window openings and denied the request to replace the natural slate roof with synthetic slate. The board stated that synthetic slate is an inappropriate replacement material for natural slate and expressed concern that creeping loss of historic materials in the district threatens its overall historical integrity. City of Virginia Beach Page 2 of 3 ■ Considerations: Building 3 is a significant building in the Courthouse Historic& Cultural District and is listed as a contributing resource in the Virginia Beach Courthouse Village and Municipal Center Historic District, a historic district listed in the National Register of Historic Places. The National Register nomination calls this building the "municipal center's centerpiece" when discussing the modern expansion of the complex and its importance to the overall significance of this area. Inspiration for Building 3's design came from the 1934 reconstructed Governor's Palace at Colonial Williamsburg, Virginia. The slate roof is one of the major character- defining features of Building 3, which are the elements that are used to assess a historic district's overall historical integrity and significance. Article 13 of the Zoning Ordinance establishes and regulates the City's Historic & Cultural Districts, which, as stated in Section 1300, are intended to preserve and protect such buildings, structures, and properties and their historic significance and integrity. Section 1303(c)(1) identifies the factors that the Historical Review Board shall consider when reviewing an application for a Certificate of Appropriateness. Project cost is excluded from the factors considered when issuing a Certificate of Appropriateness. Conformance with the Secretary of the Interior's Standards for Rehabilitation is the primary factor for consideration. The use of synthetic slate in this instance does not meet the Secretary of the Interior's Standards, specifically Standards 2, 5, and 6. Synthetic products do not have the same visual character as natural slate when assessing it from a historic preservation perspective. Synthetic resins cannot replicate the depth of color of natural slate, nor do they have the same reflectivity. While there have been improvements in resin- and polymer-based materials, these compounds are known to be vulnerable to shrinkage and cracking and, even with advanced UV- stabilizers, are susceptible to fading; these issues contribute to a shorter material life span than natural slate. Synthetic slate, as noted by Public Works in its letter of intent to appeal, has an estimated longevity of 30 to 50 years. The longevity of natural slate is typically between 60 and 120 years, with 60 years being the useful life estimate according to Public Works, which is twice the estimated lifespan for synthetic products. For these reasons, synthetic slate is considered an inappropriate replacement material when replacing a historic slate roof. The Virginia Department of Historic Resources does not recommend its use in place of natural slate for contributing historic resources when reviewing projects that are subject to the Secretary of the Interior's Standards. Further details pertaining to the application, as well as Staffs evaluation, are provided in the attached Staff Report. ■ Recommendation: On December 20, 2023, the Historical Review Board denied the request to use synthetic slate by a vote of 6 to 0 with Mr. Seitz abstaining due to a conflict of City of Virginia Beach Page 3 of 3 interest. If the City Council chooses to overturn the decision of the board, Staff recommends the following condition: 1. A Certificate of Appropriateness from the Historical Review Board shall be obtained in the future when the synthetic slate on Building 3/former City Hall is replaced. ■ Attachments: Letter of Appeal from Department of Public Works Decision Letter from the Historical Review Board Staff Report and Disclosure Statements Location Map Minutes of Historical Review Board Meeting Certificate of Appropriateness #21-20 Secretary of the Interior's Standards for Rehabilitation Section 1303(c) of the Zoning Ordinance Submitting Department/Agency: Planning Department f City Manager:w CITY OF L7 Hansen DEPARTMENT OF PUBLIC WORKS IF � VIRGINIA Director of Public Works 249 5 75 BEACH EACIjhansen@vbgov.com I www.virginiabeach.gov INTER-OFFICE MEMORANDUM DATE: January 12, 2024 TO: Kathy Warren, Director of Planning and�Community Development FROM: LJ Hansen, PE, Director of Public Works SUBJECT: Intent to Appeal Historic Review Board Decision; Certificate of Appropriateness #23-11; Part B: Removal of slate roof and replacement with synthetic slate, 2403 Courthouse Drive On December 20, 2023, the Historical Review Board (HRB) reviewed an application to modify a Certificate of Appropriateness#23-11 to include the removal of the existing slate roof to be replaced with new synthetic slate on Building 1 (now 133) at the City Municipal Complex, 2403 Courthouse Drive, Virginia Beach. The HRB denied the request to remove the slate roof and to replace it with synthetic slate. In its motion to deny the request to use synthetic slate, the board approved the use of natural slate to be used on the building. The purpose of this letter is to provide NOTICE OF INTENT TO APPEAL this decision pursuant to Appendix A of the Zoning Ordinance; Article 13, Historic and Cultural District; Sec. 1303, Certificates of Appropriateness; paragraph (c), Grounds for issuance and denial of certificate of appropriateness; sub-paragraph (3), Notice of appeal. The grounds for recommending simulated slate over natural includes increased cost of natural slate over synthetic; various advantages of synthetic slate to include, but not limited to, durability, lightweight design, and aesthetic flexibility; relative low cost and ease of maintenance and repair of synthetic material; and product availability. Furthermore, using natural slate will delay the roof project and will likely result in schedule and cost creep of the building 3 renovation currently underway. Failure to approve this appeal may also result in the need to install and remove a temporary roof to protect the exposed 'blue skin' and to properly 'weather- in' the facility (B3), among other cost and technical factors. The follow is additional information in support of this appeal: • The capital cost impact to the City of Virginia Beach to provide natural slate above and beyond the installation of the simulated slate is estimated to be $2,500,000 to $5,000,000 (the basis of this estimate is a rough order cost from the contractor of$2.5M and additional cost to install and remove a temporary roof). As such, replacement of existing slate roofing with natural slate is not cost effective. • Synthetic roof slate offers several advantages over its natural counterpart: 484 Viking Drive (Oceans Center) 1 Suite 200 1 Virginia Beach, VA 23452 LJ Hansen, Public Works Director Intent to Appeal Historic Review Board Decision; Certificate of Appropriateness #23-11; Part B: Removal of slate roof and replacement with synthetic slate, 2403 Courthouse Drive. Page 2 o Firstly, it is very durable and resistant to harsh weather conditions, including hail and extreme temperatures. This durability translates into a long lifespan (typically 30 to 50 years), providing a cost-effective, low-maintenance roofing solution. o Synthetic slate is lighter than natural slate, easing the burden on a structure's load-bearing capacity and simplifying the installation process. This can result in reduced labor costs and a quicker installation timeline. Additionally, the uniformity of synthetic slate tiles allows for easier replacement in case of damage, as opposed to the natural variation in size and thickness found in natural slate. o Environmental considerations also favor synthetic slate. While natural slate mining has environmental implications, synthetic slate is often made from recycled materials, contributing to sustainability. The manufacturing process of synthetic slate tends to be more energy-efficient and produces less waste compared to extracting and processing natural slate. o In terms of aesthetics, synthetic slate can convincingly mimic the appearance of natural slate, providing a visually appealing alternative without sacrificing performance. Overall, the combination of durability, lightweight design, environmental benefits, and aesthetic flexibility makes synthetic roof slate a superior choice for this application. • Use of natural slate poses safety concerns. Natural shingles can crack and fall from time to time. This creates a potentially hazardous situation which could result in serious injury or death. Slate catchers have been added to the existing roof for this very reason, which add cost and are inconsistent with the historic period. o Risk-based safety analysis should consider the steep roof pitch, which increases the likelihood of falling slate shingle, as well as the use and occupancy of the building. Specifically, the intended use is administrative with frequent City employee and public interactions, not related to tourism as an historic landmark. o To mitigate these safety concerns, real slate requires careful attention and periodic inspections to address issues like cracked, broken, or dislodged tiles. However, regular inspections and repair by maintenance staff is beyond current staffing and funding levels, particularly for an administrative building. • It is inappropriate to assume B3 has structural capacity to support a natural slate roof. As such, additional analysis by a registered structural engineer will be needed if natural slate tile is used since code may have changed, available tiles may be heavier than the tiles removed, or both. Additional analysis and the time needed to source, evaluate, select, order, receive, and install natural slate is another factor to consider. These factors will add considerable cost and time to the project. • There are currently no funds to purchase and install natural slate, should this appeal be denied. The presently indeterminate amount of the fund request ranges from $2.5M to $5M as described above. • Combined, these factors (i.e., need for structural analysis /design, time to select and procure natural slate, and lack of funding) will result in the need to install (and later remove and dispose of) a temporary roofing system to protect the exposed `blue-skin' and to properly weather in the building, adding considerable cost and waste to the project. This factor contributes significantly to the current cost estimate range. Failure to properly weather in the building, although a possible cost savings, presents greater risk of increased cost, potential damage to City property, and other liabilities than installing and demolishing a temporary roofing system. • It is unreasonable to assume salvaged tiles from B2 and B3 can be used: LJ Hansen, Public Works Director Intent to Appeal Historic Review Board Decision; Certificate of Appropriateness #23-11; Part B: Removal of slate roof and replacement with synthetic slate, 2403 Courthouse Drive. Page 3 o Salvage tiles from B2 and B3 do not provide enough salvageable stock to replace the roof on B3. Additionally, to date, no providers of the existing slate tile have been found, so existing (stock/salvaged) slate cannot be reasonably matched in color or in other characteristics, such as thickness. o Building 3 slate appears to be different than B2 slate material. Specifically, pattern, design, and type of material appear to vary upon reasonable inspection. o Building 3 slate was almost impossible to salvage as it was nailed into concrete versus plywood. Additionally, B3 slate appears to be more brittle, and its useful life has deteriorated considerably more than slate salvaged from B2. As a result, slate recovered from B3 is not suitable for even small repairs. o Slate from B2 appears to have lost over half of its life. Many of the salvaged stock recovered from B2 are questionable for reuse and may be suitable for only small repairs but lack durability for reuse as suggested by the HRB. o From Article 29, Preservation Briefs: Useful life: Longevity (if new) is estimated at 60 - 125 years (this time is likely based on a single application and greatly reduced if tore off and applied a second time). After experienced and thoughtful examination of recovered stock, it is recommended useful life be limited to 60 years. As such, ■ Building 2 slate is 43-44 years old and has 16 years left. Reused slate would not meet quality, durability, and appearance standards as suggested in this decision but could be used for minor repairs. ■ Building 3 is mostly unsalvageable and its minimum useful life will be less than B2 slate and should not be reused, even for minor repairs. It is important to note, there are insufficient funds in the source program to purchase and install natural slate, should this appeal be denied. It is also important to note that replacement of the roof is being performed under an emergency procurement to prevent damage and loss of City property from water intrusion; the current work stoppage places City property a greater risk than existed at the time of the approved emergency procurement. Please contact me directly if you have any question or concerns, or contact my Engineer V, Shawn Rockwell, at srockwell(a)vbgov.com or (757) 385-8700. Cc: Brian C. Delfenthal, Facilities Administrator Shawn M. Rockwell, Facilities Design & Construction (Engineer V) s�Gl��$EAch� City of Virginia Beach U a r_ �Z z OF oVR NWG 5 VBgovcom 2875 SABRE ST,SUITE 500 DEPARTMENT OF PLANNING&COMMUNITY DEVELOPMENT VIRGINIA BEACH,VA 23452 HISTORICAL REVIEW BOARD January 20, 2022 Trip Smith MEB 4016 Holland Boulevard Chesapeake, VA 23323 RE: Certificate of Appropriateness Application #21-20—City of Virginia Beach — Partial exterior renovation including window replacement, door replacement, alteration to rear door openings, limited masonry repair, construction of new exterior loading dock, associated site improvements including landscaping and a new driveway, update sign plate, and replacement of 7 dormer windows with louvers —2401 Courthouse Drive- GPIN 1494814958 - Courthouse Historic& Cultural Overlay District Dear Mr. Smith: On January 19, 2022 a Certificate of Appropriateness was issued by the Historical Review Board for partial exterior renovation including window replacement, door replacement, alteration to rear door openings, limited masonry repair, construction of new exterior loading dock, associated site improvements including landscaping and a new driveway, update sign plate, and replacement of 7 dormer windows with louvers subject to the following conditions and exhibits: 1. Replacement doors and new security gate shall match the existing trim color of Courthouse Beige. 2. Replacement doors shall fit the existing openings; alteration of opening sizes for replacement features is not included in this approval. 3. New brick shall match the existing brick in color, dimensions, and texture. 4. New brick veneer over foundation walls shall have only one water table. 5. A masonry bond pattern different from Flemish Bond shall be used for new brick veneer on the east elevation foundation and the new loading dock screening wall to differentiate the work from the historic masonry pattern of Building 1. 6. New apron and driveway shall be concrete. 7. Enhanced evergreen landscaping similar to that shown on the "Planting Plan" submitted to HRB Staff on January 4, 2022 shall be maintained to soften the appearance of the loading dock wall and to screen the generator. 8. Contact the HRB prior to undertaking any unexpected repairs to confirm whether additional review is necessary. 9. Contact the HRB prior to implementing any revised plans for exterior alterations to the building or site. Issuance of the Certificate of Appropriateness by the Historical Review Board does not imply approval of any applicable City ordinances or discretionary approvals. Please attach this letter and the accompanying attachments to any permit or Development Services Center submissions. If you need further assistance, please contact Elizabeth Nowak at 757-385-3066 or by email at enowak(a)vbgov.com. Sincerely, �� a Elizabeth Nowak Planner II CC: Ric Martinec, City of Virginia Beach Willie Cooper, Clark Nexsen Building File Attachments Planting Plan, dated January 5, 2022 and received January 4, 2022 Site Plan, dated October 21, 2021 and received January 4, 2022 3D Models, dated for January 19, 2022 HRB Meeting and received December 17, 2021 Project Narrative, dated September 14, 2021 2 13 14 15 VIRGINIA BEACH '. BUILDING 1 .• CITY BUILDING J 3 MA I •/� Ml COURTHOUSE DR. STORY BRICK W/ rrt frm• NRGIM.BP DC Vn 2.SR B43ENENT /2401 COURIMOUSE DRNF g Z M1LCH BED,TYP, � P V PY J / STEEL EDGE,TYP. MaLGH BED,TYR. p CLARKNEXSEN Y35 .c�c v..wm.c�v 'g• s e / IDE HOLLAM)BOIAEVMO i -►• a NOT FOR ..'1 • - CONSTRUCTKMI a <e • vr.M xG. ..'.. ::•~asp`� l _, 4w wm .' C )! / . ..... aeMrza 1 uwuuir s zon " MLa Ms-zvs " r \ , 1 •e �..i i 1 ♦ _ EI aL MA i6 • .._.;-x x-x_x_x..-t-__ x_z. �_x_n_ x_. x . x-. •. __ _r / / "' /RF a+ma� ` OF O APPEY ROVEREVIEW D BY HISTORICAL RECEIVED . VERIZINJ L REVIEW BOARD iLdV'L etMD r v.rz o n vc.n, vaxn ::a� r. nuu, 1 VAMT RURH-1oMM.HroEYE,oRME. ° PLANTING PLAN , CI a 4 8 01I SCALE ••• , PEHEw BDA CN 8920 + 12 13 14 15 VIRGINIA BEACH BUILDING 1 -PLANT SCHEDULE =1p1 COIL-SE DR. TREES BOTANICAL NAME COMMON NAME SIZE HEIGHT I SPREAD I SPACING METHOD REMARKS JQTY NRG"A BEACH.vA xsax ML MAGNOLIA GRANDIFLORA IrME GEM' LITTLE GEM DWARF SOUTHERN MAGNOLIA CAL(1'-1 17) 1 FT.(5.8) 1 110 O.C. I 1 SINGLE STEM 18 PY PRUNUS X YEDOENSIS YOSHINO CHERRY CAL(1314'-r) I FT.(&8) I I PLACE AS SHOWN 1 — 8 SHRUBS BOTANICAL NAME COMMON NAME SIZE HEIGHT SPREAD SPACING METHOD REMARKS OTY IC ILEX CORNUTA CARISSA' CARISSA CHINESE HOLLY I CONT.(97) IN.(12-15) _ 4"O.C. 13 — 48 e GROUND COVERS BOTANICAL NAME COMMON NAME I SIZE IHEIGHT ISPREAD I SPACING METHOD REMARKS OTY C L A R K N E X S E N LM LRIOPE MUSCARI LILYTURF I CONT.(#I) I— I 1'O.C. 15 — 1T7 D PERENNIALS BOTANICALNAME ICOMMONNAME I SIZE I HEIGHT SPREAD SPACING METHOD REMARKS OTY HA HEMEROCALLIS X VER80322' EVERYDAYLILY RED RIB DAYLILV CONT.(M1) _ 1'O.C. 5 . IRS I RUDBECKIA FULGIDA rOLDSTRUM' BLACK EYED SUSAN I 1GAL. I TO.C. S — 392 as m m=b. Q16 HO—BOULEVAR CHEBAPFAAE.VA mn Tn�asme TREES SHRUBS NOT FOR * ,y CONSTFMTKTN nl .uwurnr s nxx LITTLE GEM MAGNOLIA YOSHINO CHERRY CARISSA HOLLY =_ e —— a —— r PERENNIALS GROUND COVERS �.R» e �7w'I►��,�� I� ��i , +. ;I IM�IIi �, RECEIVED i BY HISTO0.IW.REVIFW BOARD n[<oxo�rsvo �• 5rcx Av errnra�� r Aux H6 6 rortMUH n MV(ioeM(N� PLANTING SCHEDULE ) LP501 BLACK EYED SUSAN RED RIB DAYLILLY LILYTURF ""' 1 ° ' f}A CN 8920 3 ■ 2 13 14 15 VIRGINIA BEACH BUILDING 1 2v ou"HOUSEDR. NRGNIA BEACH,VA_RS GENERAL PLANTM NWISB(MMM BEACHIk RtUNETRFI:S NACCORDANCE NRNI.SA GUDEUIIES AND STANDARDS AS DESCRIBED IN THE MOST CURRENT EDITION OF AMERICAN STANDARD FOR NURSERY STOCK(ANSI Z60.1-2004, I*LONTXEESTRAP OR CURRENT)PUBLISHED BY THE AMERICAN NURSERY AND a?X2'TRFAT®SfN(Eg N.SE LANDSCAPE ASSOCIATION,1250 1 STREET,N.W.,SUITE 500. a9WPOIMs WASHINGTON.D.C.20005. 2. PLANTING SEASON RESTRICTIONS:ALL BALLED AND BURLAPPED F4 HT.MILCH80IUCBi PLANTS SHALL BE INSTALLED BETWEEN OCTOBER 15 AND MARCH 31 UNLESS OTHERWISE AUTHORIZED BY THE LANDSCAPE D'ADRGMIIC MI1LQ16MPE ARCHITECT.ALL CONTAINER GROWN PLANTS SHALL BE INSTALLED DOM+AT TRUNK) BETWEEN SEPTEMBER 15 AND MAY 15 UNLESS OTHERWISE R13.R)vEBIMW Fl1oMTOPOF C L A R K N E X S E N AUTHORIZED BY THE LANDSCAPE ARCHITECT. BALL WA IN RAG) 3. FINISHED GRADES ON GRADING PLAN THAT OCCUR IN SHRUB D BEDS SPECIFY TOP OF FINISHED MULCH GRADES.LANDSCAPE RMSHED GRNIE CONTRACTOR SHALL NOT EXCEED THESE GRADES WHEN BEDS ARE _ COMPLETE WITH MULCH INSTALLED.IF LANDSCAPE CONTRACTOR Q PReARED SOIL M%fURE ENCOUNTERS EARTHWORK CONDITIONS THAT WILL RESULT IN In SCARFYRTIB'XBGMO.SDEEPI FINISHED MULCH TREATMENT EXCEEDING GRADES SPECIFIED ON GRADING PLAN,THEN THE LANDSCAPE CONTRACTOR SHALL NOTIFY THE GENERAL CONTRACTOR OF SUCH CONDITIONS.UNDER NO 1C OF ROOF BYL CIRCUMSTANCES SHALL FINISHED BED GRADES INCLUDING TOP OF UNDSTURBED SOIL MULCH EXCEED THE GRADE ELEVATIONS AS PROVIDED FOR BY THE GRADING PLAN. �21pLANT METHOD 1 4. TOP OF MULCH SHALL FINISH 1"BELOW ADJACENT CONCRETE. LPSD2 Nis A016F UUNDBDMEVARD CHESA➢EME,VA 21323 5. VERIFICATION OF TOTAL OUANTFIES AS SHOWN IN THE"PLANT 757.AS7.5&5 SCHEDULE"SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR. UPON DISCREPANCIES,THE PLANTING PLAN SYMBOLS SHALL GOVER N. vrs 6. NEW PLATTING SHALL BE LOCATED AS SHOWN ON PLANS.THE CONTRACTOR IS RESPONSIBLE FOR VERIFYING THE LOCATION OF ALL SITE ELEMENTS AND UTILITIES.IF DISCREPANCIES OCCUR,OR IF OBSTRUCTIONS BELOW GROUND OR OVERHEAD ARE NOT FOR ENCOUNTERED,THE CONTRACTOR SHALL NOTIFY THE LANDSCAPE ARCHITECT.NECESSARY ADJUSTMENTS SHALL BE MADE ONLY CONSTRUCTKN4 UPON APPROVAL OF THE LANDSCAPE ARCHITECT. 3"f ORGANCMVLCHIVAPE WVMI AT STEM, 7. ALL PUNTING PITS AND BEDS SHALL BE BACKFILLED WITH PREPARED SOIL MIXTURE TO THE REQUIRED DEPTH AS SPECIFIED REMOVE CONTNIER C IN THE METHODS BELOW.WHERE A SHRUB OR GROUND COVER BED OCCURS AND FOR ALL HEDGES,THE ENTIRE BED SHALL BE FlMSHEDGRADE ' PREPARED CONTINUOUSLY WITH SOIL MIXTURE TO THE REQUIRED IANI1ARY 5la?? DEPTH AS SPECIFIED. B. ALL SHRUBS AND GROUND COVERS ARE TO BE MAINTAINED SO m AS TO GROW TOGETHER AND FORM A MASS. PRUNING (TRIMMING,SHEARING,ETC..)SHALL BE LIMITED TO THINNING AS NECESSARY.THE NATURAL GROWTH AND FORM OF THE PLANT2_yl gpTM PREPARED SOIL M%TMtE veHz,e SHALL BE MAINTAINED WITHOUT DAMAGE TO PRIMARY AND SECONDARY LEADERS. D<R00T B4L UNDISTURBED SOIL — 9. ALL TREES SHALL BE SINGLE LEADER SPECIMENS UNLESS �g�PLANT METHOD 3 OTHERWISE NOTED. — LP502 TUTS — 10.THE OWNER R THE PROPERTY SHALL BE RESPONSIBLE FOR THE — ALL LANDS PROPER MAINTENANCE,AND REPAIR,AND REPLACEMENT OF — ALL LANDSCAPING MATERIALS,AND AREAS IN ACCORDANCE WITH — 3 THE APPROVED LANDSCAPE PUN AND SHALL KEEP THEME A MUUCH U FAEW RNSHED —— PROPER,NEAT,AND ORDERLY APPEARANCE,FREE FROM REFUSE MULCH SMIFACEVAQE AND DEBRIS AT ALL TIMES.ALL UNHEALTHY,FIFTY(50)PERCENT OR MORE DEAD COMPLETELY DEAD,PLANTS SHALL BE REPLACED AS DIRECTED THE PLANNING DIRECTOR OR HIS B'lO CROIULCN NAPE DESIGNEE.ALL LANDSCAPED AT D AREAS SHOULD BE PROVIDED WITH A OONN AT CRDtM1NST READILY AVAILAWEEDING.WATER SUPPLY.MAINTENANCE SHOVED PREPAREDSOILM% E INCLUDE WEEDING. ES,REMOVAL MULCHING,TIGHTENING,REPAIRING OF GUYS AND STAKES,REMOJAL OF GUYS AND STAKES AFTER (CDIJTIHUDUS BED) B 6-12 MONTHS.AND RESETTING PLANTS TO PROPER GRADES OR UPRIGHT POSITION,RESTORATION OF THE PLANT 196ac NG SAUCER. 1{•XB (SEf EIX;Et ABGVE EDGEVAI2•bTAMES RECEIVED F R IUZING,PRUNING,AND OTHER NECESSARY OPERATIONS. .15 MAINTENANCE SHOULD BEGIN IMMEDIATELY FOLLOWING THE LAST FRJSHED MULCH SURFACE) BY HISTORICAL REVIEW BOARD OPERATION OF INSTALLATION FOR EACH PORTION OF LAWN AND ,wLLn4 FOR EACH PUNT.THE PLANNING DEPARTMENT OF MAY FlNISII®GRADE PERIODIGALLY INSPECT THE PROJECT AND INDICATE WHETHER OR _ NOT THE LANDSCAPING CONTINUES TO MEET THE MINIMUM REQUIREMENTS OF THIS ORDINANCE.ANY VIOLATION WILL BE NOTED AND PROPERTY OWNERS WILL HAVE NINETY(90)DAYS IN REMOVE CONTAINER WHICH TO CORRECT ALL VIOLATIONS.EXCEPT IN THOSE CASES WHEN PLANT MATERIAL REPLACEMENT SHOULD BE DELAYED UNDISTURBED SOIL BECAUSE OF SEASONAL FACTORS UNTIL THE NEXT PLANTING FFPLAN TING NOTES DIRECTOR OR HION WHICH S DESIGNEE.F1 NLURE OFFTTHE OWNER TAL BY THE O PRNG OVIDE AND DETAILS MAINTENANCE AS DESCRIBED ABOVE SHALL CONSTITUTE A VIOLATION OF THE SITE PLAN ORDINANCE,APPENDIX C.VIRGINIA �4,PLANT METHOD 5(STEEL EDGE) BEACH CITY CODE. vRotvenr LPIS02 MS LP502 I �P . A �o CN 8920 1 12 13 14 S ❑• CONSTRUCTION NOTES ° I, '• I � I I VIRGINIA BEACH r• ; a orxa BUILDING 1 Q _ a • I • w.•o mrno�:� J C STORY BRICWKK W / • �� yam.: p IYial D•1! BASEMENT 1710E CDRNE OURTHO ypM a �aa I I 1 ..wnalR.»e 1 GENERAL NOTES D•E.. CLARKNEXSEN D I a / / aaw.rnrRay..ua m»R�RD® a. ■ • D I ;� / /;" APPROVED p,RH0.A EVARD 1` O,Q ' • ° • • •I..D p I / /% WHISTORIUI RNIEW HOARD CREr.RE.ME,VP I3U3 IT D . I •'> I •4 L , ' e• / /i / 35%SUBMITTAL NOT FOR CONSTRUCTION { r . > r p Ow . L VERIZDN ; c v VAULT � i .•» \O ��'' ! %� / Y �»• .,n / GRAPHIC 9CIaE(� SITE AND UTILITY PLAN i C S 101 A CN 8920 VIRGINIA BEACH BUILDING 1 RENOVATION Page 1 HISTORIC REVIEW BOARD 1/19/22 False louver to be installed in third dormer on east elevation for symmetry. r tall w/Q 00 .. _ MM w so 01 . Perspective view showing the louvers in the dormer openings APPROVED RECEIVED BY HISTORICAL REVIEW BOARD BY HISTORICAL REVIEW BOARD RECORD,02 RECORD##21-20 DATE 1/1d202I DATE 17/11,21 SIGN BY SIGN BY EfLla1N N—k PLANNING&COMMUNITY DEVELOPMENT PLANNING&COMMUNITY DEVELOPMENT VIRGINIA BEACH BUILDING 1 RENOVATION Page 2 HISTORIC REVIEW BOARD 1/19/22 Job:VB M4,lniaaal Bldg 7 Submited By:T"#xMrr _ The louver Option EmaN:tippol,to(izhobbsasscxxa:es.Lom The louvers would be metal stormproof EXtFuded Aluminum Stationary Louver OrRUSKIN louvers in a custom size to completely fill the window area. The color will be a custom � KL 1453-T6C- .m u,-dud PSI.#,.drer,.mr�4r.1 d biii f,}pMa AI w•1`1 QF{I'—i-. Li.R.9 p WNN19.tO Wre..cr,tr4h AMCA "Courthouse Beige" to match the windows. R—M—d.t .+n 0 OB0'mmir'm rx.11 D<4M1N 073 rpm tit"MenW) M�:kness �Yater Po""*„ITxy " r.ane tyve B'JX free A— 54% 5— $18 my 040 ALUh3 Intake '°^v Scre.r M10 REAM! D'""•"r" '0004x.a0.211v,9. Ur D L hap D .urn '001110Ms0,10M.9. � F."Typ. 31n.:CV17F{R II Dr p FH"C4Mr SNFI t At,'RNI'(fiPt Wlndl—d 1)VSF .,.9001 �� rrA.urn*To b.4R4NTr APPROVED avt BY HISTORICAL REVIEW BOARD 1 RECORD# #21-20 1/1 8/2022 d, Tv ab 0lmersbns tl^i e11 3—t— 9— vow Lope tpw) Pit-A1.�(1y DATE YMd1h1A1 141914;Br si- Wkl. 14',, SIGN BY ELF37tox•1 L'I 1 108 72 O.Wc1164 1 * 54h0l.040 ALUM 30 56 PLANNING&COMMUNITY DEVELOPMENT ELr375DX.2 L2 1 72 72 Ott"104 1 t "Mt h.040 ALUM 30 0 ELF37WX-3 L3 3 39 36 oedAi W4 1 1 54 1rch.040 ALUM 30 s9 ELF375SDX-4 LA 2 3e 36 De&,M IA 1 I 51111 ktch.040 ALUM 30 50 ELF375DX,S LS 1 39 24 DeWet 19 1 1 SMMM.040ALUM 30 50 RECEIVED ELF375DX-41 L8 , 44 36 D*eu.t,h4 , , SBft hx .040 ALUM 30 50 BY HISTORICAL REVIEW BOARD RECORD# #21-20 DATE 12/17/21 SIGN BY Elizabeth Nowak PLANNING&COMMUNITY DEVELOPMENT VIRGINIA BEACH BUILDING 1 RENOVATION Page 3 HISTORIC REVIEW BOARD 1/19/22 Other Options: -� Our options to the louvers are these hoods or _ _ _ _ - - - - GRAVITY VENTILATORS - something similar. Due to the congestion in the 3rd floor ceilings and the limited flat roof space, some of these would have to be placed on the sloped, Modular Hooded Models MG1&MGR slate mansard roof. The size would be approximately 24x36 inches. Twin City Fans all aew ane tl tuned mcd.Oacommercial gravity venUtatom � .provide natural vent-Iation o' comrnerc+al and industrial buildings in roof mounted installations. The mterlockmg hood panel design of the MGI (lnteke) and NIGH (Retie$ results in a and which Is both structurally robust and aesthetically pleasing. AN Ihis combated with i the sere flexibility and the lobsaa assambN benefits make the MGI and MGR one of the most complete gravity vontlator product Imes in the irWuslry. sizes 1+fPt'y Both the MGI and MGR ate available in standard throat sizes which range from tl`wide by W%ong up to 72'wide oy 18W long,to adchtion to the breadth o1 standard sixes available, custom throat sizes not seen in the catalog tables(on pages 7 through 12)can be dim. geed to meet speciic portormance points or job-specific dtmensbr,al rectu,rererts.Custom throat sizes must be wahin the sue range-:fisted above and in t' whole number increments- Performance Model MGI.Intake • CapaClt es llp to 91.200 CFM • Static oressure capability to 0.3`w,g. GR, to t<s HRB Approval for louver Model M:apai:-.t !o I— iet 95.000 CFM >tattc pressure capability to 0.2`w.g. option only. Roof-mounted equipment not approved as part of this COA. RECEIVED >> TC:F'Tw,N-CITY-FA BY HISTORICAL REVIEW BOARD RECORD# #21-20 DATE 12/17/21 SIGN BY Elizabeth Nowak www.Tcr.cnrw PLANNING&COMMUNITY DEVELOPMENT VIRGINIA BEACH BUILDING 1 RENOVATION Page 4 HISTORIC REVIEW BOARD 1/19/22 aw M a Perspective view showing the screen wall at 8' max above the existing grade. The generator is approximately 14' tall, with the wall inside the loading area being 11' and is approximately 3' lower than the wall exposed to the street. The gate is shown at 8' above the road surface at the entrance to the loading area. APPROVED RECEIVED BY HISTORICAL REVIEW BOARD BY HISTORICAL REVIEW BOARD RECORDN n�'p RD/EMM]t DR)f]N1]21 SIGN RY f�a/.Rb"� SIPUNNING&COMMUNf]Y DfVEIOpMEM p1ANNING6COMMUNAY OEVELORMENT VIRGINIA BEACH BUILDING 1 RENOVATION Page 5 HISTORIC REVIEW BOARD 1/19/22 F I a .�„� ��»x•� • Perspective view from the corner of Courthouse Dr. and North Landing Road. APPROVED RECEIVED BY HISTORICAL REVIEW BOARD BY HISTORICAL REVIEW BOARD RECORD.021- RECORD#.21-20 DATE VIN2022 DATE 12/1721 SIGN BY SIGN BY EK-b.ln Nave# PLANNING COMMUNITY DEVELOPMENT PLANNING&COMMUNITY DEVELOPMENT VIRGINIA BEACH BUILDING 1 RENOVATION Page 6 HISTORIC REVIEW BOARD 1/19/22 WW �..� .. ti lit .z1 t i , .� kt ! rx 1#tIx IS t ,Fs a x T +awA , r h i r t t ^ ,S ¢kV x Perspective view showing loading area. APPROVED RECEIVED BY HISTORICAL REVIEW BOARD BY HISTORICAL REVIEW BOARD RECORD#021-M RECORD##2U20 DATE 1/1&2M DATE 12117/21 SIGN BY_ SIGN BY PLANNING&COMMUNITY DEVELOPMENT PLANNING&COMMUNITY DEVELOPMENT Item Applicant &Owner City of Beach Agenda Historical :•. • Hearing December1 2023 #23 • • • - 11 lCaityqf Virginia Beach Request Certificate of Appropriateness (Modification of COA#21-20) _ -0B2 Staff Recommendations Part A-Alteration of openings:Approval z -• 02 P R10) Part B-Replacement of historic slate roof with \4," synthetic slate: Denial '` : G2 B Staff Planner 2 . Elizabeth Nowak AG2 AG Location 2403 Courthouse Drive o o a 02 GPIN y. B ° 1494814958 02 R�D �G2 y- RIT 4' G2 ` F C F �� 0RTy�L // yy4 City of Virginia Beach Agenda Item#23-11 Page 1 Background & Summary of Proposal Summary of Request • The applicant is requesting a modification to COA#21-10 for the following work started without approval during the renovation of Building 3 (formerly known as Building 1): o Temporary alteration to three window openings in the east elevation to accommodate removal of debris from building's interior. o Removal of the slate roof with the intention of replacing slate tiles with synthetic slate. • The applicant proposes to use DaVinci Province in "Slate Gray'to replace the original slate roof on Building 3. o Note: DaVinci Bellaforte in "Slate Gray" had been used to roof City Hall (Building 1) and Building 2. Bellaforte was discontinued by DaVinci on May 31, 2023.The new Province line from DaVinci replaces Bellaforte and is expected to look and perform similarly. Summary of Timeline • During an unrelated tour of Building 3 on October 10, 2023, Preservation Staff became aware of the alteration of three window openings in the east elevation of Building 3. Sills and masonry had been removed to use the openings as doorways.Staff immediately notified Public Works to submit an application for after-the-fact approval for these changes.An application for the alterations was received on October 30,2023. • On November 29, 2023, Preservation Staff conducted a site visit to take photographs for the December 20, 2023 Historical Review Board meeting. At this time, Preservation Staff saw that a majority of the historic slate roof had been removed from Building 3 and that the three openings in the east elevation had been reclosed with CMU block on the interior and red brick veneer in Flemish bond on the exterior.Staff immediately contacted Public Works to meet at the site on December 1,2023 to discuss what had occurred and to cease all work on the roof. An amended application was submitted to Staff on December 4, 2023 to request approval of the removal of the slate roof and to use synthetic slate as a replacement material. o The applicant has indicated that there were leaks in the roof that were affecting recently installed equipment and materials inside Building 3 and that this was the reason that work on the roof was funded through an emergency change order.The emergency change order was approved on August 22,2023. Work on the roof did not begin until November 2023. • Work undertaken on the roof at Building 3 was done so without a roofing permit. Plans submitted for building permits at Building 3 explicitly stated that the "existing slate mansard roof to remain." Original permit Previously Approved Scope of Work(COA#21-20) • On January 19, 2022,the Historical Review Board approved a Certificate of Appropriateness (COA#21-20)for a renovation of Building 3/Old City Hall (then still known as Building 1/City Hall). Exterior alterations were to accompany an interior renovation to transition the building from use as City Hall to house the departments of Planning&Community Development and Public Utilities. Exterior alterations included: o Exterior door replacement o Window replacement o Alteration to rear door openings o Replacement of seven dormer windows with louvres o Limited masonry repair o Construction of a new loading dock o Associated site improvements, including updated signage and driveway City of Virginia Beach Agenda Item#23-11 Page 2 The approved scope of work included no alterations to window or door openings and no removal of slate roof tiles. When asked explicitly during the Historical Review Board meeting if openings would need to be altered to accommodate work,as they had been done without approval during renovation of Building 2,the applicant stated that no openings would require alteration. Property History • Building 3 (formerly Building 1) of the Municipal Center served as City Hall for Virginia Beach since it was completed in 1968 until it was moved to the new Building 1 in 2022. Inspiration for Building 3's design came from the 1934 reconstructed Governor's Palace at Colonial Williamsburg,Virginia.This is evident in the building's symmetrical design, Flemish bond,steeply pitched slate roof, regular fenestration,and cupola in the central bay. Building 3 has remained in place with no major alterations to its overall form since the early construction of the east wing of the building. Appropriateness of - • Building 3/01d City Hall is identified as a contributing resource in the Virginia Beach Courthouse Village and Municipal Center Historic District that is listed in the National Register of Historic Places. • The building's Flemish bond brick work,fenestration,and steep, slate roof are all identified as character-defining features of Building 3 in the National Register nomination for the historic district. • The applicant has returned the altered window openings to their original dimensions with matching red brick in a Flemish bond. • Synthetic slate is not recommended as a suitable replacement material on historic buildings given its uniformity, ridged appearance, readily apparent difference in relief, and its potential to fade and shrink overtime. • Building 3 is much closer to the sidewalk than City Hall(Building 1) and Building 2 and is smaller in scale.These factors make the roof much more visible than City Hall and Building 2. EvaluationStaff s - • • . • There are two primary components of this application:the first addresses the alteration of openings and the second addresses the roof. Staff recommends splitting this application into two parts,as discussed below: Part A:Alteration of Openings The applicant stated that no openings would be altered to accommodate any of the interior work on the building when the renovation of Building 3/01d City Hall had first been presented to the Historical Review Board. Staff would have recommended no openings be altered given the status of this building as a contributing resource in the National Register district; however,Staff notes, in this instance,that the enlargement of the openings has been shown to be temporary and that the openings have been returned to their original dimensions.The exterior brick work and interior wall have also been returned to their original materials (red brick veneer in Flemish bond on the exterior and CMU block on the interior).This approach is similar to what Staff would have recommended to address the violation. Staff Recommendation:While the alteration is noticeable on the exterior due to the difference in age of mortar now present on the fagade, it is Staffs opinion that the work is acceptable and recommends approval after the fact subject to the recommended conditions below. City of Virginia Beach Agenda Item #23-11 Page 3 1. All conditions listed in COA#21-20 remain in effect. 2. This approval is only for the three openings in Building 3 as discussed in the Staff Report dated December 20, 2023. No additional opening alterations—whether temporary or permanent—are permitted with this approval. 3. All change orders relating to the exterior building envelope (including but not limited to the roof, window/door openings, materials, repairs) shall be submitted for review by Historic Preservation Staff prior to executing any change. Part B:Removal/Replacement of Slate Roof The suitability of alternative materials in Historic&Cultural Districts varies depending on the properties of the requested material,the significance of the structure on which they are to be used, and the context in which the material is stated to be needed. Generally, alternative materials are more likely to be compatible on non-contributing structures or in new construction projects than they are to replace traditional/historic building materials. Performance, durability, and visual characteristics can vary widely between traditional building materials and newer alternative materials. Differences can be both subtle and readily apparent and the widespread use of alternative materials in a historic district has a cumulative effect that has the potential to erase an area's historic character. In general,synthetic slate is not considered to be an acceptable replacement material for historic slate. Synthetic products do not have the same visual character of natural slate. Synthetic resins cannot replicate the depth of color of natural slate, nor do they have the same reflectivity.The proposed DaVinci Province synthetic slate comes as a single- width shingle;the uniform thickness and widths of such shingles creates a clearly manufactured roof pattern, as can be seen at City Hall and Building 2. It cannot reproduce the same patterning created by natural slate in thickness (profile), texture, or color. Natural slate roofs are known to perform well over time, lasting on average between 40 and 60 years and can last up to 120 years.The roof on Building 3 had remained in place,with selective repair,since the 1960s.That there was a need for repair is unsurprising,given the age of the roof. Synthetic slate shingles are relatively recent materials,and their longevity and durability are still unknown. While there have been improvements in resin-and polymer-based materials, these compounds are known to be vulnerable to shrinkage and cracking and, even with advanced UV-stabilizers,are susceptible to fading. For these reasons,synthetic slate does not meet the Secretary of the Interior's Standards when considering a roof rehabilitation project;the Virginia Department of Historic Resources does not recommend their use in place of natural slate for contributing historic resources when reviewing projects that are subject to the Secretary of the Interior's Standards. Similar guidance has been included in the Design Guidelines for Historic&Cultural Districts,which includes a specific call out on the differences between natural and synthetic slate and why the latter is not an in-kind material. Long-term planning is crucial in the maintenance and repair of slate roofs.As a long-lived material,there is adequate time in which to plan for repair and eventual replacement. When the applicant approached Staff in summer 2021 about the proposed renovation of Building 3,they said that,while repairs to the roof were expected to be necessary in the near future, repairs to the roof were going to be excluded from the renovation project.This understanding was taken into account by the Historical Review Board when it reviewed and approved a request to replace the slate roof at Building 2 with synthetic slate on October 19, 2022.Approval for the removal of slate roofing from Building 2 included a discussion and a directive to stockpile salvageable slate for use on Building 3 and/or other slate roofs in the Municipal Center.This was recommended to provide some cost mitigation for repairs at Building 3 and to provide a source of slate that is known to be a good match for the Municipal Center. Salvaged slate from Building 2 is approximately 43 to 44 years old. Given its age, it may be better suited for minor repairs rather than for a full roof replacement. Building 3, Old City Hall, is a significant building in the Municipal Center and in the historic districts located there. It embodies the evolution of governance in Princess Anne County/Virginia Beach and the importance and dominance of Colonial Revival design during the mid-twentieth century period of expansion.As the Municipal Center continues to adapt to operational needs,the seat of activity will continue to shift, as it once did from the Princess Anne County Courthouse to Old City Hall (Building 3). Such shifts are natural, but they do not lessen the historical or architectural City of Virginia Beach Agenda Item #23-11 Page 4 significance of other buildings.The National Register nomination calls Building 3 the "municipal center's centerpiece" when discussing the modern expansion of the complex. Hasty action should not necessitate the loss of a critical, defining feature in the city's most visible Historic&Cultural District. Staff Recommendation:Staff recommends denial of the request for the wholesale replacement of historic slate with synthetic slate roofing on Building 3. It is Staff's understanding that a new underlayment has been installed on the exposed portions of the roof at Building 3, weatherproofing it for the time being. A temporary covering or roofing material might be warranted to further secure the roof while salvaged tiles are assessed for use and additional slate is ordered. City of Virginia Beach Agenda Item#23-11 Page 5 Site Photos —Altered Openings 10/10/2023 w M ` q _ t x $. 4 � s r� � 7 Y^n � e any.' PULP : ITT sire j'. ., s m< .v 5 f I41 s, J „. ..._: City of Virginia Beach Agenda Item#23-11 Page 7 Site Photos—Altered Openings 11/29/2023 t r:v • Site Photos —Altered Openings 12/4/2023 Rea a { 5 g�. .i Proposed Roof Plan _ ! _ Y% C id i....... Q IEI e i �n, I i ? j I jAt i 10 9 i I la z I I � to City of Virginia Beach Agenda Item #23-11 Page 10 a[RWLIg1F5 Existing state to be - _ VBtaIBIA BFAOI replaced with"Slate .........e,.,.«..... Bu�oNar Gray"DaVinci Synthetic - a 1 1; ■ 1 1 ,1 1 1 1 1 1 1 1 1 1 !'R O -- — —_—_—_—_—_—_—_—_—_—_—_—_ t —_ -----------------— `, ,•! 1 1 1 1 1 1 1 1 1 1��fj;1 1 1. 1 1 1 1 1 1 1 ��* r,Norsi,+�.•.t`EAT°" LLAR KN ENSEN Tr— ±L -- ---------- ---/--- _ --- ---- -�-- -------------- 1 1 1 i ..., lmob. --------- .....a.,.,. /lam �.KEV rg1f. —^ ATION ---------- --,{— �fl: �-- -�---`------- ""` 1_1_I 11 f 1 _f 1.1_I_f_f_i" '"�� -1 1 1 i 1 1 _1�/�1 1 1� 1 P" •��-.�-.-�� """"'_ ^^ - R Y i era' C1 WEST ELEVAl10N O G EVATION EA®T EL O�. _ --a lrk� --M��X :—m`m , —` � — --- „ a�?—n `� — —-—A .�.,..rt.,w..... -- "o-- —_ ------------ 0iT°�-------------- -------'r--- -- 1_1 1 _ 4ti — f i -- — — — — --- --- -- 1 / SI - m - — B1 WEST ELEVATIOWDECTION p, EMT E1EVAnOWSECTION OQ "� ------- ---- ,_— ,,—! � 1 f f f f■`.. L---, - BB.NB.aI o = - - - 111f�1f �1� f1ff1I - -_- _- AE201 d < mi.�.... - ------ -t - - .- 0 ----- —_— a.wwBrw�I ;:; " Al /.l MF9 ELEVAYO"ECrM LEAST ELEVATK**SECTION (D arm Qq N CO W Condition of • • Building 1 Building 1 West wing facing West wing facing City Hail& Bldg 2 courtyard Taken 2022 Taken 2022 ` W6[TBuirltdin, 1 Elevation Taken 2022 Building 1 North Elevation Taken 2022 City of Virginia Beach Agenda Item #23-11 Page 12 Proposed Synthetic Slate `'f2oofscapes .. w I'I OVIN (:'. r:�"' SLATE a r � G Proposed Synthetic Slate DAVINCI PROVINCE LATE DaVinci Pnnincr.—Slate,is a new lirte ol•slunrring single.-width unnipomlr.di r rep6raiing traditional.lair.with eal.runnlinary merest%: Dr,himnal,ol•course.,wish air.rxnluring btuiav arul pnrtrc:lion Lhat.UaVind ha.,long beeit known Iirr. HISTORY 12"wide.Pnnvirtc e Slair slringles arr based on similar ortes lintred on Itistrric lurmrs that have doltrd air.New England land c ape.Iirr crnlurim Neer.comlrinrd tltisinslriration with the kirui 01'inrunetion dtat puLs Pnniricte Slate head and shoulders alum,nautral%lair.whrn i1.comes ur duralrility, m.untruartce.and we.atlu:r rrsislaru•e•.. SINGLE-WIDTH WaAksytA"-. 4ewtt AU ol'Iltis makes Prtnince.Slat art ideal choice Iirr any cGmair_ 11's rrady In stand sLnntg againu.ererrvaring liom seaside salt air In mounlainu>1r srurw•and wind and look great dningiL. Fern Irrter? I he,sell=aligrtirtgsirtglr-ki(lat files allow Iirr quick irtsl tilation,a1.a prier with amikilecutral asphalt. and other ltiglt-end moling c>()uons. LENGTH WIDTH THICKNESS 1 1,/," 12" s/e" 1 fixed R"ct/mruat USA City of Virginia Beach Agenda Item #23-11 Page 14 Proposed Synthetic Slate .� Tn 1�G fit /�� Yro,incr.Slain tiles add(hr,classic look of aut}Lenlic,Ial.r In arrc rniderur Just as inportanl,low mainLrnaru•r makes lile rasirr lirr homrowrrars and lade,-rnis=L color sLaNliLN-assure Icurg-lasting brantV. '3 17 SLATE GRAY SMOKEY GRAY WHAT'S NEW UNDER THE SUN? A HISTORY-MAKING, WEATHER-DEFYING G©_TNIPOSITE SLATE TILE FROM DAViNCI. CASTLE GRAY BROWNSTONE Mw ALSO AVAILABLE IN COOL BODY COLOR City of Virginia Beach Agenda Item #23-11 Page 15 Proposed Synthetic Slate COUNT ON WHAT'S INSIDE ti- DaVinci is the rmopmimcl lratlrr iu mnipositr.cooling.Our unique li7rnndations and line.-cunrd manulacrulring promssrs am put.ID the Lrst M-rry day and contirnlally mnw nut on Lop. whether the,challenge,comrs firm Kind and hail or irtsecLs and algal-,rest assured that. Pimirlr7t Sl'alr.has you Falely t%nv.r'rd K9L11 a Lily.irnr.Limited MaLerials Warranty. ASPHALT !NATURAL NATURAL SLATE SHAKE WIND RESTS TAN FIRE i • RESISTANT Lj IMPACT 9PJJ77IM'`� RESISTANT FREE2EJTHAW ! • RESISTANT 4* MAINTENANCE FREE ESS TAD RRIITE S Lr-H FIIHT • • STRENGTH• AVERAGE WEAKNESS U-.A Mira CM-4 I.V-t-0d, II VIML?AS 12 pto 190 mp&SW iglu 1Y, Wind and 8nddin,G Cndra p,.d6W. DAVINCI ROOFSCAPES 13890 Wmll. 101 sI.titreet I Lrnrxa,Kansas G6215 1 800-328-4624 D AV IN CIA OOF SC APE S.COM Westlake Royal Building Products" t:RbIT 1PrnlYkc IhViuu Rali.nrpre,Lld; �: I'rtn1111}n'pl'1lflufllt11111i cd-,ru—,111 a,il 1l1'lltJllrr�'InYy 1'YI'y'11'IYn Yc111YI Irralua.Fur pruduu--ty d.•IYile,pLvn•eiAl IW-oilann/--q. '1Lr--my 1—od fl—,v Ibr<dr--,,iy ulgllilnldr to UYYiuri prodw:ls. ?11J'xV.1411D City of Virginia Beach Agenda Item #23-11 Page 16 Proposed Synthetic Slate High Wind Installation Instructions Bellaforte Shake and Slate: Bellaforte Shake or Slate shall be fastened with five(S)0.120"xl YV long ring-shank nail*s.Four(4) through the holes locations imprinted on the slate/shake and one(1)through the tab on the side. Bellaforte Shake or Slate Hip and Ridge must have a maximum exposure of 10". O O O O 14 Nails Above Lap line i I !`J;til it Tab DaVinci Slate: DaVinci Slate shall have a maximum 6"exposure.DaVinci Slate shall be fastened with two(2)1 h" roofing nails*below the marked holes and 6 h"up from the butt edge and shall penetrate through the underlying panel. wwu.. �ne� 812' DaVinci Loqo or e,,'2- City of Virginia Beach Agenda Item #23-11 Page 17 Proposed Synthetic Slate �K==f•==v-- Installation Guide Province Slate is a polymer rcxif covering carclully engineered to pnnidc the authentic look and durability of its natural counterpart.Special care has been taken to make.the product easy to install.By fdlowing these instructions and using good installation practices,you will be assured of a quality installation.DaVind products do not requite certified or manufacturer's trained installers.Howexvr,a roofing contractor that is will versed in standard roofing installation practices and who has an understanding of Da Vinci installation recommendations/requirements,is recommende.d. NOTE TO INSTALLER Prosince Slate has a profile thickness of'Ix"yet remains lightweight,becatusc the tiles air not solid.When cutting tiks, the ribbed support structure may become.visible.In these instances,reke tiles or special flashing detail should he used for the best aesthetic appearance.Pay special attention to recommendations for accessories,fla.shings and installation at gable ends ipage 10)and valleys(pages-/-8,'. fYarning:Province Slate field tiles are not designed to be installed on turrets,domes,or cone•shaped rnnfing structures.These structures require materials that can be modified to be wider at their base than at their top.Province integrated gutter and self-aligning design prevent it from being modified in this way without jeopardizing its ability to shed water properly. This information is pronided,for the use of professional roofing contractors.This Installation Guide does not supersede local building codes which should always he followed.Da Vinci Roofseapes'p.does not warranty or have any responsibility for installation of its products.The Da Vinci Roofseapes Lifetime Limited Material Warranty outlines its warrant responsibilities for the roofing materials it manufactures. For questionb about DaVinei Province Slate ar its application,contact Westlake Da Vinci Roofscapes,UC: 913-599-0766 or 800-DaVinci(800-328-4624)or www.davinciroofscapes.com Please he sure to check Dal tnei A websf o for updates.Installation Guide is subject to change without notice. M YRSIat:-06/23 i City of Virginia Beach Agenda Item #23-11 Page 18 Proposed Synthetic Slate Installation U:dabyrn m plywood ' Srff•Mhcral "`--- Afrmhrortc DECKING Province.SLite must be installed on a smooth,that suriacc (ply-wood or OSII);a minimum 15/32"APA approved ) ,. plywood or 7/lfi"approved C)SB.lmprrl'crtions in the decking may transmit through to the.finished moll lhr this reason,it is recommended that all previous cooling materials he removed prior to installation of Province Slate.However,there are some circumstances where overlaying one layer of asphalt shingles is acceptable. 11tis is ad-dressed in the..Special Issues Section in the bark of this guide.Prior b inrdalGt(ian over any nbnA. — q/x derkaig pkate.tee the!ethnical bt&an R&Da I'i ici& huta!lation Over Plank Decking.dakd October 24.2022Jor SaINdhercd men.hrane i,required on rho emir..mnf desk where the mnf pitch i,s pawl*concemi or rvartanly exclifioKt. minimum 3:1 Y but Ice then 4:12.Prxwinrc Starter('mrrvr m y nm be inaalled nn mnf,with parhr., McnI Ed*: DRIP-EDGE 1"'th'n 3:12. Metal drip-edge made from copper,aluminum, or coated steel should be.installed underneath undedayment on all caves.Drip-edgr on gable ends is optional when installing rake tiles. SELF-ADHERED MEMBRANE {Seven(2iinate L udrrlayinent in accordance with Chapter 15 IBG,or 9 of the IR() A yell sleet of sell-adhered memhranc is required in all valleys.At least 18"of membrane is required on all gable ends,against walls,and around projections.In areas where the average daily temperature in January is 25°P or lower,or where ice buildup is possilde,AaVinci rrquircs pelf.adhered membrane le installed fmm the,bottom edge.extending two fee.(above the exterior wall line. an all raves. ......................................................................................................................................I............................ Underlayment CLASS C FIRE RATED SYSTEM: ROOF PITCH UNDERLAYMENT In addition to srlladlered membrane,a minimum 10 lb.felt that meets AS'1'Al D 226'1'pe 11 standard or a listrd synthetic IANs Than 3:12 ImnalMou of Pro iam Not undedaymenl l is required over the entire.moll 1t'sclfadlered R•commm6d membrane is required in the.field of the mnf(if there is a skylight for example),it must he installed so that if water eves •3:12 ar 4:12 Self-Adhrnd in Rrgrtiwd Ohn•r lands on it,it will!low on lop of the.other underlayment,not the Eutin Deck the plywood.A proven method of installing the.vat•ious types Grraur Than 1:12 Uudrrlayvsrut as li tcd luc of underlayment within a tooling system,which DaVinci rcgtmsd fin-dami&-ation or rccomnends,is as follows:Install membrane on the caves.(.over !oral MAadiug rode justallatiou the membrane.and the remaining portioro of de roof with the. sprrifu adrn(Whiduv r i,p,rwcr approved undcrlayment.'Then install self-adhered membrane in or mra(srrico-ar) valtcys,along walls and amend projections. -- 2 City of Virginia Beach Agenda Item #23-11 Page 19 ' Proposed Synthetic Slate Tiles (OONT'D) FIELD TILE (For wind speed warramy in exress of 90 mph(1 IO mph,see high wind installation guidelines under special issues.) The Province Slate field tiles may the laid fmm either direction.Howe.wr.thrsr.guidelines arc for an installation that is Prom lcd to right.The outside edge of the.tile.will he covered by a rake the on a gahle end or a hip and ridge We on a!tip so precise cutting is not necessary.lorinsialling Pmvinm Slate.without a rake tile.,please.see Rake'file Section prior to installing any lield tile... A random pattern is the simplest pattern and one.that is aesthetically pleasing to many.'Phis pattern is accomplished by setting the shingles back random amounts as long as there.is a minimum 3"side-lap f'mm the,gutter of one.tile.to the guitar on the..life that sits on the course above or below it.A random pattern is forgiving in that the vertical pattern alignment does not need to be.constantly checked to make sum it is straight. 'flu first tilt should seat dimAy on(he.starter tile..The slop or ledge. on the bottom or the field tile.rests directly on top of the.starter.Slide Random Pattern dire tile.so the gutter and ovedock line up appmsimatrly in the middle and am not laid tightly.The field tile.should then be.nailM with 24 Vail nails depending on system rcquhrmcnls. Once the first tile.is in place,a tile.should be placed on top of it to start the second course..'Phis ale should Ix placed so that it nests on top of the.first tile.with the ledge on hack resting on the top of the lust course tile.Slide the tie to the left so thhat the right side.edges of the two tiles are.offset by a minimum 3".Heliur.nailing,the overhanging S,d. portion on the.left side of the tile.shoaild be removed.'Ile,rut tilt should be installed leaving the f'artlust right fastener spot vacant until du next tile,is properly placed.'then the second tile.of the bottom course should be.installcd.'fhe installation should continue so that due gutter of this next life is placed under the right side of first tic and is sitting on die.ledge.of the starter or tile.below.You should not push the tiles togetiur Lightly.When the.tile.is properly in place,it should feel locked in place when pulled down and In the right.11hc installation should mntinue in this manner.'files should be installed in a stair step manner and several courses should be installed going across the roof at one time in assure good color blending. Note,tiles may also be nailed on the top left but this is not required for wind performance in non HVWZ areas. One of the reasons these tiles were designed was to provide adjustment options as neoded.If the lowering of courses is required and transition tiles are not available,they can be made.onsitc from ousting standard field tiles.'Phis can be.done.by removing the ledge l'mm the sides and bottom of a standard We.,so that it.is able to lay flat as it is lowered onto the course below. `} City of Virginia Beach Agenda Item #23-11 Page 20 Proposed Synthetic Slate Tiles (CONTsD) Alternate.pattern methods maybe used.hutrad or a random pattern,the.Province.Slaic may he art bark a consistent:i"or G". 'This will prove to show a consistent vertical pattern that some think is mw.formal than a random pattern.'Thin type of pattern will be.more difficult to imiall on complex moCs. Neil W�% 1 5"Pattern 6"Pattern 1 veil h d s A 5^ I � I 1 I I I The G"slate pattern is accomplished by setting each tilt hack G".With this method the gutters between tiles are in alignment on alternate roursm.'thin installation method makes for a very orderly look.'Phis installation pattern is the most difficult and requires fmquent checking of vertical alignment by means of chalk liars.Both a a"and G"pattern will also require..the.installer to use extra ellori amund a dormer or other protrusion to ensure..the pattern stays straight all the way to the end of the roof. When using the.)"or G"method on gate,it is important to make the pattern conic out both vertically and horizontally on top or a dormer or a gable.that abuts the roof lower than the ridge gable.In order to do this the left side.or a dormer(for example)must he installed with several tiles above the top of the.dormer.With this completed,a chalk line may be struck that aligns the right corners of Ihe.installed tiles and goes all the.way down to the cave on the right side.of the dormer.Once the.chalk line.is in place., the installer may place the right side or the bottom tile.on the line.He should use this as a guide to install the necessary tiles to the left.Subsequent courses are installed with a 5"or G"setback.Good horizontal alignment may be.assured by snapping occasional horizontal lines. Chalk lines should be snapped on the underlayment only.Do not snap chalk lines on the visible portion of any Da Vinci products.Red and orange permanent chalk upill permanently stain Do Vinci tiles. 5 City of Virginia Beach Agenda Item#23-11 Page 21 Correspondence Gus Norsworthy,Assoc.DBIA From: Timothy M.Oliver<toliveravbgov.com> Sent: Tuesday,August 22,2023 11:37 AM To: Trip Smith,DBIA LEED AP Cc: Shawn M.Rockwell;Brian C.Delfenthal;vrozella@vbgov.com;Meinhardt,Tim:Gus Norsworthy,Assoc.DBIA Subject: RE:Emergency Change Orderfor Building 3(old 1) Trip, You am good,the term submittal isfor me to submit documentsto my Contracts office to obtaln the PO.1 am looking into where we can combine with the Po forthe flat roof.I need to talk to Kim W.But she Is out of the office until Thursday. Thanks Tim Timothy M.Oliver, RA, NCARB Department of Public Works Division of Facilities Design&Construction Building Construction Project Manager Office:757-385-1841 1 Cell:757-778-5416 toIiver_PJk,bgovccrn Bldg 8 1 2565 Glebe Road. I Virginia Beach,VA 23456 CITY OF VIRGINIA BEACH Fram:Trip Smith,DBIA,LEM AP dsntth@meb.group> Sent:Tuesday,August 22,202311:2B AM ToeTlnwthyM.Oliver doIl er@vbgovcom> Cc:Shawn M.Rodtwell cSRackwell@vbgovwrnK Brian C.Delfenthal<BDe1fert@vbgov.com>;Vincent D.Rozelle Wfiozella@vbgovcorrc Melnhardt,Tim dmelnhardt@mosdeyantrltects.conv;Gus Norma rthy,Assoc.DBIA cgnorsworthy@meb.group> "ed:RE:Emergency Change Order to r Build rig 3 fold 1) �14lrTr(k This email originated from outside of the City of Virginia BeachL Do not ddh:11rda or Open attachments unless you remJnlnh:the sender and know the cantent Is safe. Tim Just to clarify high lighted portion below In yellow._that's Just saying—directron for us to proceed with your formal document to follow beingthe PO the word submittal Isthrowrngme off,you arent lookfngfor anything else from us correct?M are using the same Davind system. City of Virginia Beach Agenda Item #23-11 Page 22 Correspondence Thanks M=b,, Trip Smith, DBIA, LEED AP PROJECT EXECUTIVE BEST 4—,e TEL 757-487-5858 757-438-4347 MB I vwwv.meb.group Clients First Family by Choice Safety Matters +e MEB way. ODNMENTiI1tl1YNQTit2:Ifyou haverecolvedthis @mall In error,please Inreadacaiy naftthesander by email attowYhPoseLpeop.This anal tranwriaaion may contakn confidential InnPormailon.This Information Is into ded only forth a Lae of the Indhrlduai or ent!"to which It 1s Imen ded area If addreeped Incorreaty.(Tease delete t from your t0estfyou are netthe Intended redplent Thank you for your compliant& From:TlmothyM.Oliver-dollyer*vbitay.oarn> Serti:Tuesday,August 22,2D23 9:99 AM To:Trip Smith,DBIA,LEED AP Qsnith&ameb.woup> Cc:Shawn M.Rodcwell<SRockwellOybaov.comn Brian C Delfenthal<BDelferrt9bvbaov.comK vrazell20vb0v.carn: McInhordt,Tim dmeinharckgmoseleyerchitertscom> SuNed:FW..Emergency Change order for Building 3(aid 1) HI Trip, The emergeneychange order farthe date roof on Bullring 3{old 11 has been approved.Please moveforward with formal document submittal to follow. Thanks Tim Timothy M.Oliver, RA, NCARB Department of Public Works Division of Facilities Design&Construction Building Construction Project Manager Office:757-385-1841 1 Cell:757-778-5416 toliver@vbgov.com Bldg 8 1 2565 Glebe Road. I Virginia Beach,VA 23456 Ci7Y CF- VIRGINIA BEACH 2 City of Virginia Beach Agenda Item#23-11 Page 23 Disclosure From:Lavera G.Tolentino<LTolenti@vbgov.com> Sent:Tuesday,August 22,2023 9:33 AM To:Shawn M.Rockwell<S Rockwell @vbgov.com> Cc:Timothy M.Oliver<toliver@vbgov.com>;Joseph Craig<JoCraig@vbgov.com>;John D.Tigert<JTigert@vbgov.com> Subject:RE:Emergency Change Order for Building 3(old 1) Good morning Shawn This has been approved. Please let me know what more is needed. Lavera From:Timothy M.Oliver<toliver@vbgov.com> Sent:Wednesday,August 9,2023 7:14 AM To:Joseph Craig<JoCraig@vbgov.com> Cc:Shawn M.Rockwell<S Rockwell @vbeov.com> Subject:Emergency Change Order for Building 3(old 1) Hi Joe, Please formally send this emergency change order email to Lavera Tolentino, Facilities Design&Construction Division requests permission to issue an Emergency Procurement to MEB General Contractors,Inc.to complete the subject work. Work will replace all slate roof areas on Building 1(Now 63)as outlined in the attached Change Order Proposal from MEB. Cost to execute contract is$2,100,888.78 Funds are identified in CIP 100446 task#085 IAO$2.2M as currently unbilled/available to cover this work Scope:The purchase order will replace all existing slate roof areas on Building 1(now 83),install DaVinci Bellaforte'Slate Gray'synthetic slate tiles with synthetic underlayment.Base price of$2,100,888.78 includes the installation of copper valleys,hips,ridges,and copings required to comply w/Building 3 listingon the historic register. Justification:The decision was made to exclude the Building 3 roof replacement from the current project underway (Operations Facilities Renovations)based on known conditions of the existing roofing system during preparation of the solicitation documents,at the time of contract solicitation,and subsequent award. However,interior demolition and detailed intrusive inspection by the Contractor and City staff revealed that the slate roof area needs replacement. As such,full replacement of the Building 3 slate roof is required to prevent damage to newly renovated space(i.e.,to protector preserve public property). Failure to replace the existing Building 3 slate roof poses the potential for significant cost and schedule delays if not corrected quickly. If you have any questions or concerns,please contact me or the PM(Tim Oliver). Thank-you, Timothy M. Oliver, RA, NCARB Department of Public Works Division of Facilities Design&Construction Building Construction Project Manager 3 City of Virginia Beach Agenda Item #23-11 Page 24 Site Photos .4 6.I a Li 0 LJ <R "l y f 4 I IL A: 1 x Site • • a' �' fir. A 4 I 7� k F I!f j-" III. = W - .,.�.- .y _ )l / City of Virginia Beach Agenda Item #23-11 Page 26 Site Photos 10 � r _ . . - r1 'tr '• �l iry.. �j^�.y j-.�.,.r ➢N..n:�4 �1.'� y 5 / lI' �,�fiv.- 3 s- r a e �v �r�rier�Erl��rrirRa•rr�rr� �a \ \ \40 02 PDH2 (R10) AG2 4'0`' \�~~`�� B2 ` CO 02 toi B 1 A AG eor �B 1> 02 • was B 1 A OA g; r A5:DQ ! ems � r�. o I B 1�A N i 102 R'5D,-� O AG2 I I Pi i N ® Site Property Polygons City of Virginia Beach w E Zoning Building 3, Portion of 2403 Courthouse Drive S Building Feet 0 4590 180 270 360 450 540 CITY OF VIRGINIA BEACH HISTORICAL REVIEW BOARD MEETING MINUTES WEDNESDAY, DECEMBER 20,2023 4:00 P.M. PLANNING AND COMMUNITY DEVELOPMENT, 2875 Sabre Street, Suite 500 Members Present Damian Seitz,Chair;Dick Poole,Vice Chair Hayden DuBay, Steve McNaughton,Bernice Pope,Mary Ann Schmidt,Jim Vachon Members Absent Lynn Hightower City Council Liaison Barbara Henley City Staff Present Elizabeth Nowak, Mark Reed Applicants/Applicant Representatives Attending Anna Campbell, Dills Architects,#23-10 Clay Dills,Dills Architects,#23-10 Kelly Mills,Public Works,#23-10 Chad Morris, Parks& Recreation,#23-10 Beth Hundley, Cultural Affairs, #23-10 Melanie Samulak, Quality Built Exteriors,#23-08 Genevieve Malarkey, Cafe Genevieve, LLC, #23-09 Vince Rozella, #23-11 Tim Oliver, #23-11 The meeting was called to order at 4:00 p.m. by the chair, Damian Seitz. Mr. Seitz asked the members to review the minutes from the September 20, 2023 meeting. Steve McNaughton made a motion to approve the minutes as presented. The motion was seconded by Jim Vachon. The minutes were approved by a vote of 4 to 0 with Dick Poole abstaining as he was not present at the last meeting. Mr. Seitz asked for a brief review of the meeting summary on December 15,2023. Elizabeth Nowak provided comments and noted that the main points of conversation at the site visit to Building 3 were included in the board's meeting packet. There were no questions. Mr. Seitz moved the Recommendation of the 2024 Officer Slate to New Business on the agenda to move forward with the scheduled preliminary presentation and the applications to be heard. 1 Certificate of Appropriateness Application #23-10—Dills Architects—Preliminary Presentation of 5/31 Memorial; 2508 Princess Anne Road, GPIN 14948317420000—Courthouse Historic and Cultural District Clay Dills and Anna Campbell with Dills Architects presented the design and project plan for the proposed 5/31 Memorial in the Courthouse Historic and Cultural District. Mr. Dills gave a brief summary of the site selection process,as well as the request for qualification and design contest process. He then provided an overview of the design,design considerations,materials, and landscape planning, including the following comments: • Portion of the existing parking area on site will be incorporated into the design. • The memorial is designed to restore much of the existing woodland area and will retain and preserve existing mature swamp chestnut oak trees. • The memorial will incorporate a vertical,meandering water feature, stone paths, stone walls, and planted elements. Lighting will be achieved with bollard lights and lights strung through the trees. • The material palette will be minimal and subdued: o Virginia Mist dark gray stone will be used for the life walls and the water feature. It will be used in a smooth,polished(honed) finish and a thermal finish. o Simple granite pavers will be used for walkways through the primary part of the memorial. o Surface materials are still being selected for other walking paths around the existing stormwater pond. • Vertical elements of the design include: o Stone walls (to be Virginia Mist)at entrance of Survivor's Grove o Bollards o Railings at several outlooks around the pond o Fountain and retaining wall o Fountain pump room • The fountain pump room will be a modern building with perforated metal paneling. The pump area will be below grade and the construction of the building and use of perforated panels will minimize noise, allow for ventilation, and will make access to the pump area easier for maintenance. It will be additionally screened with plants. There were a few questions from board members, including: • Mr. Poole asked if the fountain would be winterized. Mr. Dills affirmed. • Mr. Poole asked about the age of the Hero Tree and its health. Mr. Dills estimated the tree is 80 to 100 years old and that a recent review of the tree by an arborist confirmed it is in excellent health. When asked about replacement if/when the tree dies, he said he expected it would be replaced in kind. • Mr. McNaughton asked clarifying questions about the lighting design. 2 • Mr. Reed and Ms.Nowak asked for clarification about whether the outlooks and paths around the pond would be included with the project or if they would be part of a separate, future project. Mr. Dills confirmed that these elements would be moving forward with the primary memorial. Mr. Reed explained to the design team that all elements of the project will need review by the Historical Review Board, not just the visible/vertical elements or those visible from the public right-of-way. • Mr. Vachon asked about timeline. Mr. Dills said they were hoping to bid the project in March or April of 2024 to be open May 31,2025. • Mr. Seitz said that it was his opinion that quality of materials and design are most important for this project and that it is, in many ways, separate from the historic core of the district. He suggested considering a gradation of materials to tie the site into the historic area as one moves closer to Princess Anne Road. Mr. Dills closed his presentation by reiterating that the intent of the design was to create quiet places for reflection and to restore and use the natural setting to the greatest advantage. Bernice Pope joined the meeting around 4:20 p.m. during the presentation. Hayden DuBay also joined the meeting during the presentation around 4:30 p.m. Certificate of Appropriateness Application#23-08—Joseph L. & Sara B. Pace—Request to demolish existing deck and build new deck; 2540 Magnolia Green Loop, GPIN 14947173560007—Courthouse Historic and Cultural District Ms.Nowak presented the application,a request to demolish an existing wood deck and to replace it with a new deck made of Trex boards with a vinyl and PVC railing. She noted that the deck will not be visible and that the house and the rest of Courthouse Green has vinyl material throughout,which, in Staffs opinion, would be complemented by the proposed materials. The applicant representative, Melanie Samulak, showed a sample of the railing and deck boards. Mr. Seitz said he felt there would be no negative impact on the house or Courthouse Green. Mary Ann Schmidt said that the design looked fine. Mr. McNaughton made a motion to approve the request with the conditions as recommended in the staff report. Ms. Pope seconded the motion. There was no additional discussion. The motion was approved by a vote of 7 to 0. Certificate of Appropriateness Application#23-09—Cafe Genevieve, LLC—Request to install new sign; 317 S Witchduck Road, GPIN 14677060980000—Carraway House Historic and Cultural District Ms.Nowak presented the application, a request to replace an existing sign with a new sign that will reuse the existing posts and external illumination at the Carraway House. She noted that the new sign will be the same type of sign foam as the existing. Mr. McNaughton asked for clarification that the sign would not be internally illuminated. Ms. Nowak confirmed that it will be externally illuminated with uplighting from existing lights. 3 Ms. Pope made a recommendation to approve the request with the recommended conditions as noted in the staff report. Mr. Poole seconded the motion. There was no additional discussion. The motion was approved by a vote of 7 to 0. Certificate of Appropriateness Application#23-11 —City of Virginia Beach—Request to modify COA#21-20 to alter openings in east elevation and replace existing slate roof with synthetic slate; 2403 Courthouse Drive, GPIN 14948149580000—Courthouse Historic and Cultural District Prior to discussion of the case, Mr. Seitz recused himself from the meeting and had the following statement included in the record: Pursuant to the Virginia Conflict of Interests Act, Sections 2.2-3115(F), Code of Virginia, I make the following declarations: 1. I am executing this written disclosure regarding the Historical Review Board's discussion and vote on the application of the City of Virginia Beach for a certificate of appropriateness for Municipal Center Complex Building 3, which is located at 2403 Courthouse Drive, Virginia Beach, VA 23456. 2. Clark Nexsen is one of the applicant's service providers with respect to this application. 3. I am an employee of Clark Nexsen,and its address is 4525 Main Street, Suite 1400, Virginia Beach,Virginia 23462. 4. I will abstain from participating in the Board's consideration of this application. He turned the meeting over to Mr. Poole, Vice Chair,to chair the meeting. Ms.Nowak presented the application—the request to approve work started without approval on window openings in the east elevation of Building 3 and removal and replacement of the Building 3's slate roof with synthetic shingles. Three window openings had been enlarged to accommodate removal of debris from the interior of the building and Staff became aware of this change in October. She noted that when Staff visited the site in late November and early December,the openings had been reclosed to the previous dimensions with matching brick and mortar. Additionally, when on these site visits to Building 3, Ms.Nowak said they observed removal of a majority portion of historic slate from the roof and learned soon after that this work had also been undertaken without a building permit. She said that Public Works had communicated to Staff that they had found leaks in the roof while undertaking interior renovations and that there had been concerns of negative impacts on new materials in the building. The roofing work had 4 been pursued through an emergency work order. Unlike Building 2,the superstructure of the roof on Building 3 is made of concrete. This caused a high amount of slate tile loss(approximately 30-40%)when removing the slate. Whole slates have been retained,though, given their age,their reuse is limited. Ms.Nowak explained Staff s recommendation as recorded in the staff report. She noted that the approach taken on the window alterations were consistent with how Staff would have recommended resolution and recommended approval of the request. She said that, as synthetic slate is an inappropriate replacement material for historic slate and as Building 3 is a significant structure in the Courthouse Historic and Cultural District,that Staff recommended denial of this portion of the application. She noted that representatives from Public Works were in attendance to answer questions from the board. Ms. Pope asked generally about the removal of the slate. Timothy Oliver said that what slate could be salvaged, was. He said that they had been looking for a suitable replacement slate tile, but that there had been difficulty finding a good match. Ms. Pope asked where they had looked. Mr. Oliver said they had reached out to Buckingham,but that their quarries were closed to large projects and large production qualities. Vincent Rozella said that 276 squares of slate would be needed on Building 3. Mr. Oliver added that the contractor on the project was still searching for a match.Ms. Pope said that she had recently replaced her slate roof and said she would pass along contact information about where that slate had been sourced from. Mr. Rozella gave some additional information about the difference in underlayment between Buildings 2 and 3 and how that affected the removal of slate tiles from the buildings. He added that the salvaged slate from Building 2 would be better suited for limited repair as their life span may be reduced to 16 years,assuming a 50 year life span for the tiles. Mr. DuBay asked again about efforts to identify compatible slate. Mr. Oliver said that a match has not been found among the suppliers that MEB (project contractor)typically sources from. He added that they had been attempting to match slate gray and the grays they have found were not an exact color match and that he had safety concerns about loose slate shingles. Ms. Pope said that checking for loose slates is part of routine maintenance. Mr. Dubay asked about the roof structure and Mr. Rozella described the structure of the roof and that the concrete decking was in fine shape to be reused; loose panels can be retightened. Mr. Dubay asked the board whether a combination of natural slate and synthetic slate would work. The other members said that it would not as the two could not be laid together and it would be jarring visually. Mr. Poole said that he liked the snowguards that had been installed on City Hall and Building 2 and asked that they also be added on Building 3 when the roofing was installed. Mr. Rozella talked about the synthetic slate that had been used on City Hall and Building 2 and their visual characteristics. Mr. DuBay asked if natural slate had been considered for those buildings. Mr. Rozella said no due to cost and maintenance. 5 Ms. Pope expressed strong concern about the creep of synthetic slate in the Courthouse Historic and Cultural District and how it is degrading the overall integrity of the district over time. Mr. McNaughton asked about the roofing material of the Princess Anne County Courthouse. Mr. Reed and Ms.Nowak confirmed that it is still natural slate. Ms. Pope said that the material of the roof was more important than the color. Between natural slate of a color that was not an exact match and synthetic slate, she said she would prefer the natural slate. Mr. McNaughton said that Vermont slate has a bit of a green tinge, but that there are gray hues usually available. Mr. Poole said that a generally gray or dark gray natural slate would be better than synthetic slate. Ms. Pope said that the City should be working with a contractor that specializes in slate roofs, both for installation and for maintenance because of the skills set required. Mr. Oliver said that bidding requirements might limit the ability to do this. Ms. Pope said that there are a few people in the region who do specialize. Mr. DuBay asked if the slate on the Princess Anne County Courthouse had ever been replaced. Mr. Reed said that that roof was likely replaced or partially replaced in the early 1900s,but he was unsure if there had been a wholesale replacement since then. He was aware of some partial repairs. Ms. Pope said that really the conversation today was whether synthetic slate would be appropriate on the building. Ms. Pope made a motion to approve Staff recommendation to Part A of the application (temporary alteration of window openings)with Staff's recommendation and to deny Part B of the application (request to use synthetic slate on Building 3)with approval of slate for Building 3 under the condition that the color of natural slate be approved by the Historical Review Board before installation. Ms. Schmidt seconded the motion. During discussion,Mr. DuBay said that he strongly agreed that natural slate should be used on this building due to its significance in the Historic and Cultural District and the National Register District. There was no additional discussion. The motion passed with a vote of 6 in favor, 0 against, and with Mr. Seitz abstaining. Following the conclusion of the last item, Mr. Poole passed the gavel back to Mr. Seitz who resumed chairing the meeting. Staff Update Mr. Reed thanked the Historical Review Board for its letter of support for the nomination of the Seatack Historic District to the National Register of Historic Places. He informed the board that the district had been listed in the Virginia Landmarks Register earlier this month and that it had been recommended to the National Park Service to also list the district in the National Register of Historic Places. Recommendation of Officer Slate for 2024 Mr. Seitz returned to the earlier agenda item for the recommendation of an officer slate for 2024. He asked if there were any nominations that would be voted on at the upcoming January 6 meeting. Ms. Pope nominated Mr. McNaughton as Chair and Mr. Poole as Vice Chair. Mr. DuBay seconded the motion. Old Business The Old Business was tabled for discussion at the next meeting. New Business Ms.Nowak said that attendance requirements will restart in the new calendar year and said that she had included a sheet with the scheduled meetings for the board in 2024 in the meeting packet. Ms. Pope made a motion to adjourn. Mr. DuBay seconded the motion. The meeting was adjourned at 5:30 p.m. 7 CITY OF PLANNING & COMMUNITY DEVELOPMENT VI RG I N I A Historical Review Board BEACH 2875 Sabre Street,Suite 500 ~� Virginia Beach,VA 23452 Sent by email only. 12/21/2023 Timothy Oliver Public Works Building 8 2565 Glebe Road Virginia Beach, VA 23456 RE: Certificate of Appropriateness Application#23-11: Modification of Certificate of Appropriateness#21-20—City of Virginia Beach—Alterations to window openings & replacement of slate roof with synthetic slate—2403 Courthouse Drive-GPIN 1494814958- Courthouse Historic& Cultural Overlay District Dear Mr. Oliver, On December 20, 2023, the Historical Review Board reviewed a request to modify Certificate of Appropriateness (COA) #21-20 to include alterations to window openings in Building 3/Old City Hall (Building 3) that had been made without approval and the removal of Building 3's slate roof that had been initaited without approval and its subsequent replacement with new synthetic slate.The request was heard under COA application #23-11.To faciliate review of and action on the application, the request was split into two parts: Part A(alterations to window openings) and Part B (slate roof removal and replacement with synthetic slate). Part A:Alterations to Window Openings At its meeting on December 20, 2023, the Historical Review Board approved the request to modify COA#21-20 to include the alterations made to the three window openings in the east elevation of Building 3/Old City Hall subject to the following conditions: 1. All conditions listed in COA#21-20 remain in effect. 2. This approval is only for the three openings in Building 3 as discussed in the Staff Report dated December 20, 2023. No additional opening alterations—whether temporary or permanent—are permitted with this approval. 3. All change orders relating to the exterior building envelope (including but not limited to the roof, window/door openings, materials, repairs) shall be submitted for review by Historic Preservation Staff prior to executing any change. (757)385-4621 virginiabeach.gov/historicaIreview December 21,2023 Timothy Oliver Page 2 of 3 Issuance of the COA by the Historical Review Board does not imply approval of any applicable City ordinances or discretionary approvals. Please attach this letter and the accompanying attachments to any permit or Development Services Center submissions. Part B: Removal of slate roof and replacement with synthetic slate At its meeting on December 20, 2023, the Historical Review Board denied the request to modify COA#21-20 to include removal of the historic slate roof from Building 3/01d City Hall and to replace it with synthetic slate. The denial by the Historical Review Board is for the following stated reasons: • Building 3 is a contributing resource in the Virginia Beach Courthouse Village and Municipal Center Historic District (a district listed in the National Register of Historic Places) and is a contributing resource in the Courthouse Historic& Cultural District. • Building 3 was designed after the 1934 reconstructed Governor's Palace in Williamsburg and the steeply pitched, slate roof is a major architectural and character-defining feature of Building 3. Slate roofs are also generally a character-defining feature of the historic district. • Synthetic slate is an inappropriate replacement material for natural slate per the Secretary of the Interior's Standards and according to guidance from the National Park Service and the Virginia Department of Historic Resources. Synthetic slate is not recommended as a suitable replacement material on historic buildings given its uniformity, ridged appearance, readily apparent difference in relief, and its potential to fade and shrink over time. • The roof of Building 3 is very promininent due to its height and proximity to the sidewalk, and is therefore very visible. • Building 3 has the structural capactiy to support a natural slate roof. In its motion to deny the request to use synthetic slate, the board approved the use of natural slate to be used on the building with the condition that the color of the slate be approved by the Historical Review Board before it was installed.The board stated use of natural slate was more important than an exact match to the original color. The Historical Review Board's decision may be appealed to the Virginia Beach City Council. The appeal process is outlined in Section 1303(c)(2) of the Zoning Ordinance. To initiate an appeal, provide a letter(not an email) to the Director of the Department of Planning and Community Development within 30 days of December 20, 2023. The letter must state the grounds for your appeal.The address for the Director of Planning is: (757)385-4621 virginiabeach.gov/historicalreview December 21,2023 Timothy Oliver Page 3of3 Kathy Warren, Director Planning & Community Development City of Virginia Beach 2875 Sabre Street, Suite 500 Virginia Beach, VA 23452 If you need further assistance, please contact Elizabeth Nowak at 757-385-3066 or by email at PreserveVB@vbgov.com. Sincerely, A,)au.,ta 67 Elizabeth Nowak Planner II Enclosure: Original COA#21-20 cc: Kaitlen Alcock, Planning Administrator Gus Norsworthy, MEB Vincent Rozella, Construction Inspection Supervisor Shawn Rockwell, Engineer V Building File (757)385-4621 virginiabeach.gov/historicaIreview 04 LZ City of Virginia Beach r,. 9 2 Zdd OVR NATA0to 8� VBgov mn 2875 SABRE ST,SUITE 500 DEPARTMENT OF PLANNING&COMMUNITY DEVELOPMENT VIRGINIA BEACH,VA 23052 HISTORICAL REVIEW BOARD January 20, 2022 Trip Smith MEB 4016 Holland Boulevard Chesapeake, VA 23323 RE: Certificate of Appropriateness Application #21-20 —City of Virginia Beach — Partial exterior renovation including window replacement, door replacement, alteration to rear door openings, limited masonry repair, construction of new exterior loading dock, associated site improvements including landscaping and a new driveway, update sign plate, and replacement of 7 dormer windows with louvers —2401 Courthouse Drive- GPIN 1494814958 - Courthouse Historic & Cultural Overlay District Dear Mr. Smith: On January 19, 2022 a Certificate of Appropriateness was issued by the Historical Review Board for partial exterior renovation including window replacement, door replacement, alteration to rear door openings, limited masonry repair, construction of new exterior loading dock, associated site improvements including landscaping and a new driveway, update sign plate, and replacement of 7 dormer windows with louvers subject to the following conditions and exhibits: 1. Replacement doors and new security gate shall match the existing trim color of Courthouse Beige. 2. Replacement doors shall fit the existing openings; alteration of opening sizes for replacement features is not included in this approval. 3. New brick shall match the existing brick in color, dimensions, and texture. 4. New brick veneer over foundation walls shall have only one water table. 5. A masonry bond pattern different from Flemish Bond shall be used for new brick veneer on the east elevation foundation and the new loading dock screening wall to differentiate the work from the historic masonry pattern of Building 1. 6. New apron and driveway shall be concrete. 7. Enhanced evergreen landscaping similar to that shown on the "Planting Plan" submitted to HRB Staff on January 4, 2022 shall be maintained to soften the appearance of the loading dock wall and to screen the generator. 8. Contact the HRB prior to undertaking any unexpected repairs to confirm whether additional review is necessary. 9. Contact the HRB prior to implementing any revised plans for exterior alterations to the building or site. Issuance of the Certificate of Appropriateness by the Historical Review Board does not imply approval of any applicable City ordinances or discretionary approvals. Please attach this letter and the accompanying attachments to any permit or Development Services Center submissions. If you need further assistance, please contact Elizabeth Nowak at 757-385-3066 or by email at enowak(a)vbgov.com. Sincerely, cs a25� 't46va'4� Elizabeth Nowak Planner II CC: Ric Martinec, City of Virginia Beach Willie Cooper, Clark Nexsen Building File Attachments Planting Plan, dated January 5, 2022 and received January 4, 2022 Site Plan, dated October 21, 2021 and received January 4, 2022 3D Models, dated for January 19, 2022 HRB Meeting and received December 17, 2021 Project Narrative, dated September 14, 2021 2 13 14 Is VIRGINIA BEACH BUILDING 1 CITY NULL BUILDING I •,A.• 3 STORY BRICK W/ np,tp• BASfMEN7 1��'�� /7101 COUR/NOUSE ' DRIVE • 'G '!•,/w/\^_vM/�`/'wry'\ MLld1 BED,TYP. •a... V ryJ 11 STEEL EDGE,TYP. • E-CNBED,TYP. CLARKNEXSEN D ,A m=b. CMEBMEABE.VA M. ..0 / NOT FOR CONSTRUCTION ::�•) .. / .MkRJARY SMIP 71 .' •1 � LM111 / � tk�• �. S `.eB� f. •.. T. My • k.1a /� _._ l t IRF �D O RECEIVEDnORIG �■J "1 >. E. '•• O • :•: :: A APPROVED BY WIL REVIEW BOARDVEMZDN -� BY RISTOIIICAI RkV EW BOARp ... FAULT //•i��>� O PLANTING PLAN _ w a , t o o 20 ...< R A GRAPHIC SCALE „°'^"•„Bo CN 8920 2 13 14 15 VIRGINIA BEACH j BUILDING i cm r+uL auaorAc r J STORY BRICK w/ BA.SEAIENT VM MKACRVAI11f8 /2401 COURTMX1b1: DRNE �'\ M1LCN DEO.TYP. rya .ram / STEEL ER,M. / P CHKP,TYP. CLARKNEXSEN O D d . • III ,, .� �` m_b. 4. VA 13I CME&UAND BOIAE . v • o + • / F(]y' LIESNEAIE .3 E • ,. - /{ NOT FOR CONSTRUCTION Ioae ... i i :A j '/ .uununv s toa R 2713-11, ba 0 a,wa ; IRF •°"'° O / � / _� APPROVED RECEIVED • LLn�E° - LRE WB 0 BV XISTOM1KAL AEV EW BWEro VAULT V o v�r�zon / PLANTING PLAN 0- . L P 101 ORAPF.O SCALE A�,p^, CN A920 2 13 14 Is VIRONA BEACH BUILDRIG 1 20 COURTHOUSE DR. TREES BOTANICAL NAME COMMONNAME ISVE HEIGHT ISPREAD SPACING JMETHOD REMARKS OTY NRORAA BEACH,VA 3l156 ML I MAGNOLIA GRANDIFLORA LITTLE GEM' I LITTLE GEM DWARF SOUTHERN MAGNOLIA CAL 0'-1 lrn FT.(5.6) 18 O.C. I I SINGLE STEM 118 PY IPRUNUSXYEDOENSIS I YOSHINO CHERRY CAL(I 311'-2') FT.(M) PLACE AS SHOWN 1 1 8 SHRUBS BOTANICAL NAME ICOMMONNAME SIZE HEIGHT I SPREAD I SPACING I METHOD JOTY IC ILEX COMMA CARISSA' I CARISSA CHINESE HOLLY I CONT.(117) 1 IN.(12.15) — 1'O.C. 13 146 ,AaocB GROUNDCOVERS I BOTANICAL NAME COMMON NAME I SIZE I MIGHT ISPREAD I SPACING METHOD REMARKS OTY C L A R K N E X S E N LM LIRIOPE MUSCARI LILYTURF I CONT.(#I) 1 O.C. Is 1TT D PERENNIALS BOTANK..LL NAME ICOMMONNAME SIZE INDGHT I SPREAD I SPACING I METHOD I REMARKS OTY NA HEMEROCALLIS X VER00322' I EVERYOAYLILY RED RIB DAYLILY CONT.(81) 1'O.C. 5 18 RS RUDBECKIA FULGIDA C,OLDSTRUM' BLACK EYED SUSAN 1 GAL. — — 1'O.C. 5 — 392 aaa.c .cTa m=b. IOI6WUN118011LEVARD G1IESIPEANE,VA 9J1! ]B)�B13EB TREES SHRUBS tr t' jl c LITTLE GEM MAGNOLIA YOSHINO CHERRY CARIYYA HOLLY a _- PERENNIALS GROUND COVERS RECEIVED BY HISTORKAL REVIEW B-D PLANTING SCHEDULE mroI LP501 y BLACK EYED SUSAN RED RIB DAYLILLY LILYTURF ' A � CN 8920 2 13 14 Is VIRGINIA BEACH BUILDING 1 CIENM&PLANTM NOTS(1/KINIA BEAQ¢ WtUIIE TREES RI ACCgRDNIDE UATH I.5 A GUDEDIR3 AND STANDARDS AS DESCRIBED IN THE MOST CURRENT EDITION OF AMERICAI STANDARD FOR NURSERY STOCK(ANSI Z60.1-20D4. NILON TREE SiIInP OR CURRENT)PUBLISHED BY THE AMERICAN NURSERY AND f•2%TTREATED SfNffAN.9E LANDSCAPE ASSOCIATION,1250 1 STREET,N.W.,SUITE 500, Bp pws WASHINGTON,D.C.20DO5. 2. PLANTING SEASON RESTRICTIONS:ALL BALLED AND BURLAPPED p ff M.MAW BMICER PLANTS SHALL BE INSTALLED BETWEEN OCTOBER 15 AND MARCH N T1 dIGIV4C MU.a fMff ^+•�° 31 UNLESS OTHERWISE AUTHORIZED BY THE LANDSCAPE DG.11 AT rnUAq ARCHITECT.ALL CONTAINER GROWN PUNTS SHALL BE INSTALLED BETWEEN SEPTEMBER 15 AND MAY 15 UNLESS OTHERWISE REMOVEBIXRAFPROMTOPOF AUTHORIZED BY THE LANDSCAPE ARCHITECT. BNL LEAVE III PLACE) C l A R K N E X S E N 3. FINISHED GRADES ON GRADING PLAN THAT OCCUR IN SHRUB BEDS SPECIFY TOP OF FINISHED MULCH GRADES.LANDSCAPE U RMSHIDGRnpE CONTRACTOR SHALL NOT EXCEED THESE GRADES WHEN BEDS ARE COMPLETE WITH MULCH INSTALLED.IF LANDSCAPE CONTRACTOR 4 PR®ARE—YIURE ENCOUNTERS EARTHWORK CONDITIONS THAT WILL RESULT IN Li# BCARIFY PIf HB'XE GRID.TOEBI FINISHED MULCH TREATMENT EXCEEDING GRADES SPECIFIED ON GRADING PUN,THEN THE LANDSCAPE CONTRACTOR SHALL NOTIFY 2-JX WOM THE GENERAL CONTRACTOR OF SUCH CONDITIONS.UNDER NO 1t' OF ROOT BAIL CIRCUMSTANCES SHALL FINISHED BED GRADES INCLUDING TOP OF UrvdGMRBED SOIL MULCH EXCEED THE GRADE ELEVATIONS AS PROVIDED FOR BY ME GRADING PUN. /�'/�� n m y 4. TOP OF MULCH SHALL FINISH 1'BELOW ADJACENT CONCRETE. F '- r PLl'TNT METHOD 1 LPS 2 Nt5 5. VERIFICATION OF TOTAL QUANTITIES AS SHOWN IN THE'PLANT SCHEDULE"SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR. UPON DISCREPANCIES,THE PUNTING PLAN SYMBOLS SHALL GOVERN. 6. NEW PLANTING SHALL BE LOCATED AS SHOWN ON PLANS.THE WU CONTRACTOR IS RESPONSIBLE FOR VERIFYING THE LOCATION OF ALL SITE ELEMENTS AND UTILITIES.IF DISCREPANCIES OCCUR,OR IF OBSTRUCTIONS BELOW GROUND OR OVERHEAD ARE ENCOUNTERED,THE CONTRACTOR SHALL NOTIFY THE LANDSCAPE NOT FOR PRCHTIECT.NECESSARY ADJUSTMENTS SHALL BE MADE ONLY CONSTRUCTION UPON APPROVAL OF THE LANDSCAPE ARCHITECT. k8kL I'd'oRGRNC MuICH ryApE DC-AT STEAM 7. ALL PUNTING PITS AND BEDS SHALL BE BACKFILLED WITH PREPARED SOIL MIXTURE TO THE REQUIRED DEPTH AS SPECIFIEDREMDVECOIJNl— C IN THE METHODS BELOW.WHERE A SHRUB OR GROUND COVER BED OCCURS AND FOR ALL HEDGES,THE ENTIRE BED SHALL BEgr.HED—DE PREPARED CONTINUOUSLY WITH SOIL MIXTURE TO THE REQUIRED JANUARv Snzz DEPTH AS SPECIFIED. B. ALL SHRUBS AND GROUND COVERS ARE TO BE MAINTAINED SO AS TO GROW TOGETHER AND FORM A MASS. PRUNING (TRIMMING,SHEARING,ETC..)SHALL BE LIMITED TO THINNING AS NECESSARY.THE NATURAL GROWTH AND FORM OF THE PLANT PREPAREDSOILMYTURESHALL BE MAINTAINED WITHOUT DAMAGE TO PRIMARY AND SECONDARY LEADERS. UtINrURBED SOIL 9. ALL TREES SHALL BE SINGLE LEADER SPECIMENS UNLESS �31PLANT METHOD 3 _ OTHERWISE NOTED. Nr5 _ 10.THE OWNER OF THE PROPERTY SHALL BE RESPONSIBLE FOR THE _ CONTINUED PROPER MAINTENANCE.REPAIR,AND REPLACEMENT OF k ALL LANDSCAPING MATERIALS,AND AREAS IN ACCORDANCE WITH a THE APPROVED LAND CAPE PLAN AND SHALL KEEP THEM IN pAVEAA]R 1•ABDVE gNSNED Y PROPER,NU ORDERLY AND ORDERLY APPEARANCE.FREE FROM REFUSE MJLCH SIMFACEWHERE AND DEBRIS AT ALL TIMES.ALL UNHEALTHY,FIFTY(50)PERCENT APPUCnBLE OR MORE DEAD COMPLETELY DEAD, SHALL BE REPLACED AS DIRECTED BY THE PUNNINGG DIRECTOR OR HIS DO O AT CROMULCH(rMPE DESIGNEE.ALL LANDSCAPED AREAS SHOULD BE PROVIDED WITH A DDvn+nT CRovAlq READILY AVAILABLE WATER SUPPLY.MAINTENANCE SHOULD INCLUDE WEEDING, ES,CULTIVATING.REMOVAL MULCHING,TIGHTENING,REPAIRING PR®MEO GOX MXTUtE OF GUYS AND STAKES,REMOVAL GUYS AND STAKES AFTER (CGIRFNW$�l 8 6-12 MONTHS,AND RESETTING PLANTS TO PROPER GRADES OR UPRIGHT POSITION,RESTORATION OF THE PUNTING SAUCER, J('SKALUM.EWE 1.STARES RECEIVED FERTILIZING,PRUNING,AND OTHER NECESSARY OPERATIONS, T]60L.ULCH(--El+BovE MAINTENANCE SHOULD BEGIN IMMEDIATELY FOLLOWING THE LAST FR45HEp MULCH SURFACq BY NGTOR"L REVIEW BOARO OPERATION OF INSTALLATION FOR EACH PORTION OF LAWN AND FOR EACH PUNT.THE PUNNING DEPARTMENT DESIGNEE MAY RIHISHED GRADE PERIODICALLY INSPECT THE PROJECT AND INDICATE WHETHER OR NOT THE LANDSCAPING CONTINUES TO MEET THE MINIMUM REQUIREMENTS OF THIS ORDINANCE.ANY VIOLATION WILL BE NOTED AND PROPERTY OWNERS WILL HAVE NINETY(90)DAYS IN REMOVE—All- } WHICH TO CORRECT ALL VIOLATIONS,EXCEPT IN THOSE CASES &f WHEN PLANT MATERIAL REPLACEMENT SHOULD BE DELAYED UNDFSTURWD SOIL BECAUSE OF SEASONAL FACTORS UNTIL THE NEXT PLANTING PLANTING NOTES SEASON WHICH REQUIRES WRITTEN APPROVAL BY THE PUNNING DIRECTOR OR HIS DESIGNEE,FAILURE OF THE OWNER TO PROVIDE AND DETAILS MAJNTENANCE AS DESCRIBED ABOVE SHALL CONSTITUTE A VIOLATION OF THE SITE PLAN ORDINANCE,APPENDIX C.VIRGINIA rat PLANT METHOD 5(STEEL EDGE) OWN CITY CODE. wu wn. LP302 Nrs R LP502 A a.T�BDF ON 9920 z 13 14 1s �IrT T>I � I E CONSTRUCTION NOTES ' t. VIRGINIA BEACH . I • j i urEw,Ta. BUILDING 1 I A Cm H4LL BUl(OPIO i / d ; a lntluaati5 tt a n' J S( BRICK W/ new.q ?x• BASEMENT � a elxucart 645EAIEM 12401 COURTHOUSE yp.'• moFrz so.w DRW / wiwnxoamwE / r 1 /S l 6• a GENERAL NOTES CLARKNExSEN lip e 1 m=b. \ •iD %� f ," APPROVED O— b16 HO lANDBd LE ARD . • • SY HISTOBCAI VEW BOARD TQ�EY➢E .VA 7J]23 : b. r A / D . I D • I Il • D .l .,... 1 ;; HL TOBER 21101t +A> I •4 L 35%SUBMITTAL NOT FOR CONSTRUCTION 1 jA r 1 ' • 3 am \•a.nAn-.. // VERaoN VAULT SITE AND UTILITY GRAPHIC SCALE(S) PLAN b F B__S CS101 g A .... CN 8920 VIRGINIA BEACH BUILDING 1 RENOVATION Page 1 HISTORIC REVIEW BOARD 1/19/22 False louver to be installed in third dormer on east elevation for symmetry. a _ w. _ _ b w. all; Ell6 1154 x � loll itMw `. W I , 11�1@@IIIIIB, '/llollTvg vy \'�d'�'1.1111{�Illlllll ` a Perspective view showing the louvers in the dormer openings APPROVED RECEIVED BY HISTORICAL REVIEW BOARD BY HISTORICAL REVIEW BOARD RE oO N21-70 RECORDY 021_20 DAIE 1/Id202I DATE 12111121 SIGN BY SIGN BY Efi�eth ''PLANNING&COMMUNITY DEVELOPMENT PLANNING&COMMUNITY DEVELOPMENT VIRGINIA BEACH BUILDING 1 RENOVATION Page 2 HISTORIC REVIEW BOARD 1/19/22 Job:VB klinirnal Bk1e 2 Submited By:Tom WpoW The Louver Option: r '" The louvers would be metal stormproofExtruded Aluminum Stationary Louver louvers in a custom size to completely fill the window area. The color will be a custom 6063 TO CmuMaT P�sIMMrodcrrrnce raAq WsM FIa11M IM.IM.M MCI 4 gA3"rMnir{II I s+n� 1uv 189iMg in ar.Far(fpntN w1M ALK;A Ipr "Courthouse Beige" to match the windows. 1A�e9 11063-TO Cxtrueee aLm Uepr,m,1 i' 11 ad.M.m11.1 w.T,0 OW P.rn olov All P:dr.& A73 Fa1n 1.20E t l~l mn-tne:: water i F vne Type ik77( Free Arcs V% K 5-- SB RXN.W ALUM Ir:ake Screer Mfg REAR P--'. 'OtlOfpn•0.21+w.g Ulvp � Lc'aur Plnrrulr '7O(.!Nn-<1.il�g Fa..0 Typ W%PLOF 1B11 DN p FW.0 Calm SHFI I RIAMN491 W,h dl—j :!O PSF (S0,11*01 Tree uaerca wA...Mty APPROVED BY HISTORICAL REVIEW BOARD RECORD# #21-20 SCHEDULE ?1n.er".os�mcnest S.ce+o.w DATE 1/18/2022 frtmf,n1 1.yM;91 31n wide H,n 111 r Whim L..A OW) FM ANN ry SIGN BY ELr37WX"1 LI 1 106 72 DeAIAI 19 1 I 54". h.NO ALUM 30 56 PLANNING&COMMUNITY DEVELOPMENT ELr3M.2 L2 1 72 72 Dedutt vt 1 51B b.fi.040 ALUM 30 53 ELF3750x.3 L3 3 36 36 060AI tM t + 54"111.040 ALUM 30 59 ELF3MX4 IA 2 36 36 004XI Im 1 t SB Ir.h.0e0 ALUM 30 50 FLF37MX.5 L5 1 36 24 DeOxt/N 1 1 SIB kb1.040 ALUM 30 50 ELF37SOX-6 L6 1 lt, 36 Ded o AN 1 1 516 W,ih 040 ALUM 30 50 RECEIVED BY HISTORICAL REVIEW BOARD RECORD# #21-20 DATE 12/17/21 SIGN BY Elizabeth Nowak PLANNING&COMMUNITY DEVELOPMENT VIRGINIA BEACH BUILDING 1 RENOVATION Page 3 HISTORIC REVIEW BOARD 1/19/22 Other Options: Our options to the louvers are these hoods or 4 - - - ' = = - - " ' ' " something similar. Due to the congestion in the 3rd floor ceilings and the limited flat roof space, some ° •�° of these would have to be placed on the sloped, Modular HoodedModelsMG1&Mc,gR slate mansard roof. The size would be Twin City Fan's all now ins,of hooded modular gravity .t approximately 2 4x 3 6 inches. vent lators provide nm.al wsnblsl� pit commercial and mduntnal btAdirga In rod mounted instadaoons The mterlock,ng hood panel dim of the MGI lintakel and MGR 1Rerefl �jlm in a or* which is both slowt ralry rooust and aesthetically phasing.AN this comtmed with the sae 11—b.1 ty and the jobs le assembly benefits make the MGI and MGR one of the most como>ete gravely ve t lator product Ines in itie industry. sues Both the MGI and MGR are available in standard throat /r sues whfc:h range from A'wide by 8'gong up to 72' wine by 180' ong.In addd�on to the txaadth of standard%Ir- m available. cuslo tMoa! sires not seen in the catalog tables(on pages 7 through 12)can be desryn a to meal specific performance points or jWsoecttic dimonsnnal requvements.Custom throat sires must be wttvn the we range fisted above and in 1' whole number increments. Mort typical nnstM farm with rinsed scmtm and sah hashmy roar cum Performance Model MGI.Intake • Capacrt es up to 91.200 CFM • Static nressnre capability to 03` w.g HRB Approval for louver Model MGR,Raliet .ap,acd es % 04000 CFM • Static pressure capability to 0.2' w.q. option only. Roof-mounted equipment not approved as part of this COA. F RECEIVED >> T,Q_ TWIN City FAN BY HISTORICAL REVIEW BOARD RECORD it #21-20 DATE 12/17/21 SIGN BY Elizabeth Nowak www'Tcr.core PLANNING&COMMUNITY DEVELOPMENT VIRGINIA BEACH BUILDING 1 RENOVATION Page 4 HISTORIC REVIEW BOARD 1/19/22 ISO IM IM AL ,y } Perspective view showing the screen wall at 8' max above the existing grade. The generator is approximately 14' tall, with the wall inside the loading area being 11' and is approximately 3' lower than the wall exposed to the street. The gate is shown at 8' above the road surface at the entrance to the loading area. APPROVED RECEIVED BY HISTORICAL REVIEW BOARD BY HISTORICAL REVIEW BOARD R130 a,ut1lRl D.LTE 1L1]Rt !, LPLANMHG•COMMLMf1T DfVELO%4M SIIIANNINGA-IUNMDEVELOPMENT VIRGINIA BEACH BUILDING 1 RENOVATION Page 5 HISTORIC REVIEW BOARD 1/19/22 i I �_- r9 .: ryx aw ... w r L I _ Ys :. l� � pp I - Perspective view from the corner of Courthouse Dr. and North Landing Road. APPROVED RECEIVED BY HISTORICAL REVIEW BOARD BY HISTORICAL REVIEW BOARD RECORD,,]''M RECORD##21•20 DATE 1/id20II DATE 'V'712' SIGN RY SIGN BY E"`7N PLANNING&COMMUNITY DEVELOPMENT PLANNING&COMMUNITY DEVELOPMENT VIRGINIA BEACH BUILDING 1 RENOVATION Page 6 HISTORIC REVIEW BOARD 1/19/22 e lE 11 1U i alt y r. y {Y 4 w - r 4. IT Perspective view showing loading area. APPROVED RECEIVED BY HISTORICAL REVIEW BOARD BY HISTORICAL REVIEW BOARD RECORD#024-20 RECORD #21.20 DATE 1/1812022 DATE 1211701 SIGN BY_ SIGN BY EUrt R`N—k PLANNING&COMMUNITY DEVELOPMENT PLANNING&COMMUNITY DEVELOPMENT S ` THE SECRETARY OF THE INTERIOR'S STANDARDS FOR THE TREATMENT OF HISTORIC PROPERTIES WITH r GUIDELINES FOR PRESERVING, REHABILITATING, RESTORING & RECONSTRUCTING HISTORIC BUILDINGS Y 3 ti a a,9 U.S.Department of the Interior National Park Service • _,, Technical Preservation Services . s , i REHABILITATION STANDARDS FOR REHABILITATION & GUIDELINES FOR REHABILITATING HISTORIC BUILDINGS Rchabilitation Rehabilitation is defined as the actor process of making possible a compatible use for a property through repair,alterations,and additions while preserving those portions or features which convey its historical, cultural,or architectural values. y � II 75 REHABILITATION Standards for Rehabilitation 1. A property will be used as it was historically or be given a new use that requires minimal change to its distinctive materials,features,spaces and spatial relationships. a. The historic character of a property will be retained and preserved.The removal of dis- tinctive materials or alteration of features,spaces and spatial relationships that character- ize a property will be avoided. 3. Each property will be recognized as a physical record of its time,place and use.Changes that create a false sense of historical development,such as adding conjectural features or elements from other historic properties,will not be undertaken. 4. Changes to a property that have acquired historic significance in their own right will be retained and preserved. 5. Distinctive materials,features,finishes,and construction techniques or examples of craftsmanship that characterize a property will be preserved. 6. Deteriorated historic features will be repaired rather than replaced.Where the severity of deterioration requires replacement of a distinctive feature,the new feature will match the old in design,color,texture and,where possible,materials.Replacement of missing features will be substantiated by documentary and physical evidence. 7. Chemical or physical treatments,if appropriate,will be undertaken using the gentlest means possible.Treatments that cause damage to historic materials will not be used. 8. Archeological resources will be protected and preserved in place.If such resources must be disturbed,mitigation measures will be undertaken. 9. New additions,exterior alterations,or related new construction will not destroy historic materials,features,and spatial relationships that characterize the property.The new work will be differentiated from the old and will be compatible with the historic materials,fea- tures,size,scale and proportion,and massing to protect the integrity of the property and its environment. io.New additions and adjacent or related new construction will be undertaken in such a manner that,if removed in the future,the essential form and integrity of the historic property and its environment would be unimpaired. 76 Sec. 1303. Certificates of appropriateness. (a) Requirements of certificates of appropriateness. Except as provided in subsection(e),no building or structure,including signs, within a Historic and Cultural District shall be constructed,altered,repaired, relocated or demolished,and no building or other required permit authorizing such action, sh all be issued unless and until the historical review board has issued a certificate of appropriateness therefor.A certificate of appropriateness shall certify only that the requirements of this section have been met, and shall not excuse compliance with any other applicable requirements of law. (b) Materials to be submitted for review. (1) Required plans,etc. The historical review board may require submission of any or all of the following materials as part of an application: architectural plans, site plans, landscaping plans, proposed signs with appropriate details as to location, size, number and character, proposed exterior lighting arrangements, elevation drawings, indications as to construction materials, design of doors and windows, ornamentation and colors,photographs or perspective drawings indicating visual relationship to adjoining structures and spaces and such other exhibits and reports as are reasonably necessary in making its determination to grant or deny the certificate of appropriateness. (2) Application review. Applications for a certificate of appropriateness shall be submitted to the planning director,who shall determine whether the proposed building or structure conforms to the requirements of the city zoning ordinance.No application shall be deemed complete unless it contains sufficient information for the planning director to make such determination. (c) Grounds for issuance and denial of certificate of appropriateness. (1) Issuance. The historical review board shall issue a certificate of appropriateness only if it finds that the proposed building or structure is architecturally compatible with the historic landmarks, buildings or structures in the district. In issuing its approval, the board may attach such reasonable conditions, consistent with applicable city ordinances and development standards, as are necessary or appropriate to ensure that the proposed building or structure meets the requirements of this section. The board shall consider,in determining whether a proposed building or structure is architecturally compatible with the historic landmarks, buildings and structures in the district,the following factors: A. The conformity with the design, development standards, and criteria established for the district pursuant to section 1301; B. The appropriateness of the general overall design of the proposed building or structure in relation to the architecture of other building or structures within the historic-cultural overlay zoning district; C. The extent to which the proposed building or structure will be harmonious or incompatible with the other buildings or structures in the district; D. The degree to which the proposed building or structure advances the Comprehensive Plan's goals; E. The impact of the proposed building or structure upon the historic context; F. The degree to which the proposed building or structure conforms to applicable provisions of the Secretary of the Interior's Standards for Rehabilitation, as set forth in Title 36,section 67.7 of the Code of Federal Regulations, or any successor regulations, not inconsistent with the provisions of this section. Created: 2023-12-06 11:55:37 [EST] (Supp.No.161) Page 1 of 3 (2) Denial;appeals.The historic review board shall state the reasons for denial in writing.The applicant for the certificate of appropriateness may appeal a denial of such certificate to the city council by letter filed with the planning director stating the grounds for appeal no later than thirty (30)days after the date of the denial. (3) Notice of appeal. Upon receipt of such letter,the planning director shall schedule the appeal to be heard by the city council at a regular meeting and shall give written notice of the time, date and place of the city council meeting to the applicant, or his agent, and any persons who submitted to the planning director written objections to the application, no less than twenty-one (21)days before the meeting.The applicant shall post a sign provided by the planning director on the property,which sign shall state the time and date of the city council meeting and the nature of the appeal,at least fifteen (15)days prior to the city council meeting at which the matter is scheduled.Such sign shall be posted in accordance with the provisions of section 108(a)of the city zoning ordinance.No further public notice shall be required. (4) Appeals to the circuit court. The applicant, and any person appearing before the city council in opposition to the application, may appeal the decision of the city council to the circuit court by filing a petition at law, setting forth the alleged illegality of the action of the city council,provided the petition is filed within thirty (30)days after the date of the city council's decision.The filing of the petition shall stay the decision of the city council pending the outcome of the appeal to the court,unless the decision denies the right to raze or demolish a historic landmark, building or structure.The court may reverse or modify the decision of the city council,in whole or in part,if it finds upon review that such decision is contrary to law or is arbitrary and constitutes an abuse of discretion,or it may affirm the decision of the governing body. (5) Time limits. The board shall approve or deny a certificate of appropriateness within ninety (90)days from the filing of a completed application.The failure to approve or deny an application shall constitute a denial thereof. (d) Demolition. In the event the historical review board determines that the preservation of a building or structure is found to be physically or economically unfeasible,it shall issue the certificate of appropriateness allowing the demolition of such building or structure.If the preservation of such building or structure is physically and economically feasible,the board shall deny the application. In the event the application is denied,the applicant may: (i)appeal such decision to the city council by letter filed with the planning director stating the grounds for appeal no later than thirty (30)days after the date of the denial;or(ii)elect to proceed pursuant to the provisions of section 1304.The procedure for appeals to the city council shall be in accordance with subdivision (3).The city council may,after consultation with the board, affirm or deny the board's decision.In the event the city council affirms the decision of the board,the applicant shall have the right to appeal such decision to the circuit court in accordance with the procedures set forth in subdivision (4). (e) Exceptions. The following actions shall not require the issuance of a certificate of appropriateness: (1) Repainting resulting in the same or like color,provided that the initial painting of masonry surfaces shall require a certificate of appropriateness; (2) The addition or deletion of windows, storm windows, doors,and storm doors that match existing windows, storm windows, doors,storm doors and broken window panes,and the addition or removal of air conditioning units; (3) The addition or deletion of television or radio antennas, skylights, solar collectors,wind energy conversion systems or satellite dishes if such structures are not visible from a public street or right-of- way; Created: 2023-12-06 11:55:37 [EST] (Supp.No.161) Page 2of3 (4) The repair of existing materials and features with equivalent material through stabilization, consolidation and conservation of historic materials, features and workmanship when the physical condition of a building or structure,or portion thereof,has deteriorated; (5) Planting of grass,trees and shrubs, but not including landscape treatment that substantially alters the contour of a landmark site; (6) Permitted outside storage in any residential, office,business,or industrial district,which is not visible from a public street;and (7) Any interior changes. (Ord.No.3319,12-3-13) Created: 2023-12-06 11:55:37 [EST] (Supp.No.161) Page 3 of 3 L. PLANNING 1. WYCLIFFE PRESBYTERIAN CHURCH & BHC, LLC / TRUSTEES OF WYCLIFFE PRESBYTERIAN CHURCH at 1445 North Great Neck Road & 2307 Millwood Road (DISTRICT 8) for: • Modification of Conditions to a Conditional Use Permit (Applicant has requested to amend) • Conditional Change of Zoning from R-10 Residential to Conditional 0-1 Office (Applicant has requested to defer or withdraw) • Conditional Change of Zoning from R-10 Residential to Conditional R-10 • Variance to Section 4.4(b)of the Subdivision Regulations for Parcel A (Applicant has requested to defer or withdraw) • Variance to Section 4.4(b)of the Subdivision Regulations for Parcel Lot 5 RECOMMENDATION: STAFF-APPROVAL PLANNING COMMISSION-DENIAL APPLICANTS' LETTERS DATED APRIL 9,2024 & APRIL 11,2024,ARE ATTACHED 2. CARL R.ELLIS,JR for a Variance to Section 4.4(b)of the Subdivision Regulations re subdivide the lot to create two(2) single-family dwelling lots at 2620 Broad Bay Road DISTRICT 8 RECOMMENDATION: APPROVAL 3. VIRGINIA BEACH AVA RE, LLC for a Street Closure re approximately 813 square foot portion of an unnamed, unimproved right-of-way adjacent to 2375 Virginia Beach Boulevard DISTRICT 3 RECOMMENDATION: APPROVAL 4. BORN PRIMITIVE,LLC/MODERN SAVAGE INVESTMENTS,LLC for Modification of Proffers to Conditional Change of Zoning re modify the conceptual landscape plan and increase the height of the building at 1489, 1477 and 1469 Virginia Beach Boulevard and two(2)parcels directly east of 1469 Virginia Beach Boulevard DISTRICT 6 RECOMMENDATION: APPROVAL 5. VIRGINIA ELECTRIC AND POWER COMPANY DBA DOMINION ENERGY VIRGINIA / USA ENTERTAINMENT, LC for a Conditional Change of Zoning from Conditional B-2 Community Business District to Conditional I-1 Industrial District re construct an office /warehouse building and Conditional Use Permit re bulk storage yard at 1585 Dam Neck Road DISTRICT 5 RECOMMENDATION: APPROVAL 6. TERRY MOORE MIFFLETON/CHARLES&TERRY MIFFLETON for a Conditional Use Permit re short term rental at 303 Atlantic Avenue,Unit 403 DISTRICT 5 RECOMMENDATION: APPROVAL 7. Ordinance to AMEND Section I I I of the City Zoning Ordinance(CZO)re definition of dwelling unit, home sharing,kitchen and porch RECOMMENDATION: APPROVAL U` s NOTICE OF PUBLIC HEARING A Public Hearing of the Virginia Beach City Council will be held on Tuesday,April 16,2024 at 6:00 p.m.In the Council Chamber at City Hall,Building J.,2^ Floor at 2401 Courthouse Drive,Virginia Beach,VA 23456.Members of the public will be able to observe the City Council meeting through livestreaming on https://virginiabeach.gov, broadcast on VBTV, and via WebEx. Citizens who wish to speak can sign up to speak either in-person at the Council Chamber or virtually via WebEx by completing the two-step process below. All interested parties are invited to observe. If you wish to make comments virtually during the public hearing, please follow the two-step process provided below: 1. Register with the City Clerk's Office by calling 757-3854303 prior to 5:00 p.m.on April 16,2024. 2. Download WebEx and view the meeting at: httnc•/Lpov.webex.com/webl i nk/register/re8e2298739 a33a 86d8 7bcba6a80a.9 The following requests are scheduled to be heard: Wycliffe Presbyterian Church&BHC,LLC(Applicants)Trustees of Wycliffe Presbyterian Church (Property Owner) Modification of Conditions Conditional Rezoning(R-10 Residential to Conditional 01 Office& R-10 Residential to Conditional R-10)Subdivision Variance (Section 4.4(b) of the Subdivision Regulations) Addresses:1445 North Great Neck Road&2307 Millwood Road GPINs:2408191170,2408099309 City Council:District Carl R.Ellis,Jr(Applicant&Property Owner)Subdivision Variance (Section 4.4(b) of the Subdivision Regulations) Address: 2620 Broad Bay Road GPIN:1499688214 City Council:District 8 Virginia Beach AVA RE, LLC(Applicant)Street Closure Adjacent Address: 2375 Virginia Beach Boulevard Adjacent GPIN: 1497954001 City Council:District 3 Born Primitive,LLC(Applicant)Modern Savage Investments,LLC (Property Owner)Modification of Proffers Address:1489,1477,& 1469 Virginia Beach Boulevard&two parcels directly east of 1469 Virginia Beach Boulevard GPINs:2417057714, 2417150755,2417059705,2417152724,2417154801 City Council:District 6 Virginia Electric&Power Company dba Dominion Energy Virginia (Applicant) USA Entertainment, LC(Property Owner)Conditional Rezoning (Conditional B-2 Community Business District to Conditional 1-1 Industrial District) Conditional Use Permit (Bulk Storage Yard)Address:1585 Dam Neck Road GPIN:2405848720 City Council:District 5 Terry Moore Miffleton (Applicant) Charles & Terry Miffleton (Property Owners) Conditional Use Permit (Short Term Rental) Address:303 Atlantic Avenue,Unit 403 GPIN:24273224031620 City Council:District 5 City of Virginia Beach-An ordinance to amend Section 111 of the City Zoning Ordinance pertaining to the definition of terms. Copies of the proposed plans,ordinances,amendments and/or resolutions are on file and may be examined by appointment in the Planning Department at 2875 Sabre St,Suite 500,Virginia Beach, VA 23452 or online at https://virginiabeach.gov/pc. For information call 757-3854621. If you require a reasonable accommodation for this meeting due to a disability,please call the City Clerk's Office at 757-3854303. If you are hearing impaired,you can contact Virginia Relay at 711 for TOO service. The meeting will be broadcast on cable TV, https://virginiabeach.gov and Facebook Live. Please check our website at https,.//clerk.virginiabeach.gov/city- council for the most updated meeting information. All interested parties are invited to participate. Amanda Barnes City Clerk PILOT-APRIL 2,2024&APRIL 9,2024-1 TIME EACH / �\ o R�1\0 Rr1✓0 o R1, co � o , R10 / 0 o ❑ R20 R,1-0 LD Ef�] °EfJ o ❑ 0 QQ o 0 Gam, �B2 R20 c R2 0 c� B2 A,A � Of i Q R20 o B2 N ® site Wycliffe Presbyterian Church & BHC, LLC Property Polygons 1445 North Great Neck Road & 2307 Millwood Road Zoning S Building Feet 0 4590 180 270 360 450 540 Q. SYKES, ROURDON9 . (1 ANERN & LEVY, Paco 4429 BONNEY ROAD ATTORNEYS AND COUNSELORS AT LAW JON M. AHERN SUITE 500 R. EDWARD BOURDON,JR. VIRGINIA BEACH,VIRGINIA 23462 JAMES T. CROMWELL ASHLEY M. EICK TELEPHONE: 757-499-6971 L. STEVEN EMMERT FACSIMILE: 757-456-5445 April 11,2024 M MOLLY RA KISER KIRK B. LEVY Email:amccorl<le(casykesbo o cL)jij MICHAEL J. LEVY* HOWARD R. SYKES, JR. �� DAVID M. ZOBEL (Jis r Em a i •AdNtted In Wglnla and Washingwn OC The Honorable Mayor Robert Dyer Vice Mayor Rosemary Wilson Honorable Members of City Council c/o Amanda Barnes, City Clerk Office of the City Clerk City Hall Building#1, Room 281 Municipal Center Virginia Beach,Virginia 23456 Re: Request to withdraw two (2) of the four (4) applications of BHC, LLC and Wycliffe Presbyterian Church on the April 16, 2024 City Council Public Hearing Agenda: Request to withdraw the pending Conditional Rezoning of 2.538 acres of the Church's excess property from R-10 Residential District to Conditional 0-1 Office District along with the accompanying Subdivision Variance for the same acreage(unnecessary due to Dominion Energy's agreement to reduce the width of their power line easement) Dear Honorable Mayor Dyer,Vice Mayor Wilson and Honorable Members of City Council: On behalf of BHC, LLC and Wycliffe Presbyterian Church, I write to advise that my clients request the withdrawal of the two (2) above referenced applications which are on your Public Hearing Agenda next Tuesday evening (April 16th), On Tuesday evening we will only be seeking to conditionally rezone the easternmost 1.341 acre portion of the Church's excess property from Unconditional R-10 to Conditional R-10,along with a Subdivision Variance for one (1) lot, in order to permit development of five (5) single family homes pursuant to a proffered plan which will not involve any modification to the pond on the property. The proffered Conditional Rezoning Application my clients are asking to withdraw was essentially a downzoning which maintained a reasonable,but very limited use of the western 2.538 acres of the Church's excess property similar to its use by the Infant Stem Program for close to 30 years. This would have, for the most part, retained the existing level of improvements and open space upon this larger portion of the Church's excess property. However, the Civic League, many of the residents of the adjacent neighborhood and others, have fervently expressed their opposition to this proposal to both my clients, the Planning Commission and many of you over the past number of weeks, Mvu SUB, BOUMON, AHMN&LEVY,P.C. The Honorable Mayor Robert Dyer Vice Mayor Rosemary Wilson Honorable Members of City Council April 11,2024 2 1 P a g e As this process has unfolded, an opportunity has arisen in the form of another church which has approached BHC, LLC with a significant interest in acquiring the 2.538 acres for its church. BHC,LLC is working with the leaders of this church and believes that after BHC, LLC completes the acquisition of this excess property from Wycliffe Presbyterian they will be able to reach an agreement with this church which will lead to an application for a new Conditional Use Permit for a religious use on the 2.538 acres. Such a new Conditional Use will replace the existing Use Permit on this portion of the property and the underlying zoning will obviously remain unchanged. With respect to the application by Wycliffe Presbyterian Church alone,requesting to modify their 1966 "USE PERMIT", which I filed on their behalf on June 1, 2023 and which City Council indefinitely deferred on November 21,2023,it is not a necessary part of the BHC, LLC applications, nor is action upon it necessary or sought by Wycliffe Presbyterian Church on Tuesday evening,if City Council approves the withdrawal of the jointly filed Conditional Rezoning of the 2.538 acres to 0-1,and should City Council also grant the jointly requested proffered R-10 Rezoning and Subdivision Variance on the eastern 1.341 acre portion of Wycliffe Presbyterian Church's excess property. An approval by City Council of the Conditional Rezoning to R-10 on the eastern portion of the Church's excess parcel will remove any need for City Council to act upon the indefinitely deferred application of Wycliffe Presbyterian Church and the 1966 Use Permit for a Religious Use will remain in place and unchanged with respect to the western 2.538 acres of the Church's property. There has been an obsessive level of concern which many interested individuals have expressed that somehow, some way the Bishards are going to find a way to fill the pond through which public (i.e.Virginia Beach) stormwater flow accounts for 75%of the volume of water traversing or occupying the pond. To briefly address this concern and in addition to the unequivocal assurances to the contrary given by BHC, LLC, filling this pond would require that permits from all of the federal and state regulatory agencies could be obtained and that the existing religious "USE PERMIT" could be removed or amended by City Council to permit a"use"on the property which could conceivably make such an effort and the costs of such a massively expensive endeavor worthwhile. Itwould also necessitate the City of Virginia Beach, which has a 10 foot wide public stormwater drainage easement, through the middle of this pond, vacating its existing easement and accepting a replacement easement of at least 40 feet in width,which would be engineered to extend the existing City storm drainage pipe across the eastern portion of the property, across this ponded area to the adjacent stormwater BMP owned and/or maintained by SULS, BOURDON, M ANUR.N&LB Y,P.C. The Honorable Mayor Robert Dyer Vice Mayor Rosemary Wilson Honorable Members of City Council April 11,2024 3 111 1 g c., the City located west of the Church's property. Once again, the City has absolutely no obligation whatsoever to approve such a change. Additionally, both BHC, LLC and Wycliffe Presbyterian Church have offered and continue to unambiguously offer to dedicate (i.e. GIVE) to the City an Impoundment Easement, or similar easement over the entire pond as it exists today, through which seventy-five percent (75%) of the volumes of stormwater which drain through it are public, not private, stormwater. Such an Easement would give the City essentially complete control over the pond. In short, absolutely nothing which my clients are asking City Council to approve on Tuesday will in any way aid or facilitate any present or future owners of the subject property seeking approval to fill the existing pond on this 3.879 acre parcel of land. Should any Council member have any questions or concerns which I may be able to address, I would be happy to speak with you. With best regards, I am Very truly yours, R. E wal d Bourdon,Jr. REBjr/arhm cc: Mark d.Stiles,City Attorney B.Kay Wilson,Deputy City Attorney Patrick Duhaney,City Manager L.J.Hansen,Director,Public Works Kathy Warren,Director,Department of Planning&Community Development Carrie Bookholt,Department of Planning Marchelle Coleman,Department of Planning Members of Virginia Beach Planning Commission Steven W.Bishard,BHC,LLC Rev.Dr.Garrett Bugg Trustees of Wycliffe Presbyterian Church H:\AM\Conditional Rezoning\-BHC LLC\Dyer_Ltr 4-11-2024.docx BHC 4104 Holly Road,Virginia Beach,VA 23451 Office: (757)333—8750 April 9, 2024 Vici I'nwil: abgrne'Saybgoi:Com The Honorable Mayor Robert Dyer Vice Mayor Rosemary Wilson Honorable Members of City Council c/o Amanda Barnes, City Clerk Office of the City Clerk City Hall Building#l, Room 281 Municipal Center Virginia Beach,Virginia 23456 Concerniteg Wvcliffe& BHCApplicatiotts:Modiftcatiott of Conditions, Comlitiottal Rezoning, Sttbtivision Variance Dear Mayor Dyer& Honorable Members of City Council:, These tumultuous, highly publicized and unduly contentious applications of Wycliffe Church to be able to sell its excess property have been blessed to have had the steady hand of Planner Marchelle Coleman to calmly help everyone navigate the turbulent waters.There could not have been a better Planner for such a challenge. We cannot commend her enough. It was brought to our attention that there remains some angst in the community that with our pending acquisition of the Church's excess parcel of property we will seek to fill the existing storm drainage facility(pond/lake) located primarily on the Church's excess property. Please accept this letter to serve as our company's(and all of our members'and affiliates'), unequivocal assurance and warranty that we do not now, nor will we in the future,seek to obtain any permits, nor seek to modify of the City's stormwater drainage easement through the drainage way/pond on the property for the purpose of filling or altering the size of this stormwater facility/pond. Given that close to seventy-five percent(75%)of the water traversing this facility/pond is public stormwater flowing into the pond from the City's stormwater collection infrastructure in the Great Neck Road right of way, it would completely put to rest the"filling"concerns of the nearby residents if the City of Virginia Beach would simply accept our offer to dedicate an impoundment easement over this drainage facility/pond. The 2.53 acre portion of the excess property which we have sought to Conditionally Rezone to 0-1 and are, in light of the opposition from many in the community, now asking City Council to allow us to indefinitely defer or withdraw shall remain subject to the 1966 Conditional Use Permit for a religious use. All we seek to do on April 16"' is obtain approval of the Conditional Rezoning of the eastern 1.341 acres of the Church's excess land from R-10 to Conditional R-10 along with the Subdivision Variance for Lot 5. We have been approached by a Church which has a very keen interest in acquiring the western 2.53 acre portion of the property with the"A-frame"and we very much look forward to working with them to bring BHC 4104 [folly Road,Virginia Beach,VA 23451 Office: (757)333—8750 forward a new Conditional Use Permit for the Church which they wish to create on what will be a 2.53 acre parcel. After the April 16"' hearing and a favorable action by City Council on our proffered R-10 Rezoning and Subdivision Variance, we will close on our purchase of the excess Church property and,as stated,our plan is to join with the interested Church to pursue an application for a religious use of the 2.53 acre western portion of the property which application will retain the pond and the existing pedestrian bridge. Should any Council member have any questions or concerns with the contents of this letter; please do not hesitate to contact me. Witil,best 4V regards, A Steve Bishard BHC, LLC cc: Kathy Warren, Planning Director Marchelle Coleman, Department of Planning& Community Development !t 11 �u 'a CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: WYCLIFFE PRESBYTERIAN CHURCH & BHC, LLC [Applicants] TRUSTEES OF WYCLIFFE PRESBYTERIAN CHURCH [Property Owner] Modification of Conditions to a Conditional Use Permit (Religious Use) Conditional Rezoning (R-10 Residential District to Conditional 0-1 Office District) Conditional Rezoning (R-10 Residential District to Conditional R-10 Residential District) Subdivision Variance (Section 4.4 (b) of the Subdivision Regulations for Parcel A) Subdivision Variance (Section 4.4 (b) of the Subdivision Regulations for Lot 5) for the property located at 1445 North Great Neck Road & 2307 Millwood Road (GPINs 2408191170, 2408099309). COUNCIL DISTRICT 8 MEETING DATE: April 16, 2024 ■ Background: The applicants are seeking a Modification of Conditions to remove a 3.88-acre portion of the property from the Conditional Use Permit associated with the Religious Use, two Conditional Rezoning requests to rezone an approximately 2.43-acre portion of the property from R-10 to Conditional 0-1 and an approximately 1 .45-acre portion of the property from R-10 to Conditional R-10 Residential, as well as two Subdivision Variances, one for lot width for Parcel A and another for lot width and street line frontage for Lot 5 within the proposed development. The proposed Conditional 0-1 parcel, as shown on the proffered conceptual plan, shows the retention of the existing pond as well as the 3,522 square feet building which would have the option to add an addition up to 500 square feet. 10-foot wide landscape buffers are proposed between the proposed 0-1 parcel and the adjacent residential properties in Great Neck Estates which includes the retention of much of the existing vegetation as well as between the proposed 0-1 parcel and the proposed Conditional R-10 parcel. The applicant has proffered the allowable uses for the 0-1 parcel to include uses such as medical and dental offices, professional offices such as legal or engineering offices, nonprofits, and religious uses. A subdivision variance is required for the proposed 0-1 parcel since it does not meet the 50-foot lot width requirement for the 0-1 District. While the actual lot width is about 65 feet, since there is an existing 30-foot Dominion easement on the property, which by our Ordinance cannot be used to meet the lot width requirement since it is over 20-feet in width, the variance is required. The applicant is currently working with Dominion to reduce the width of that easement to 20-feet or less in Wycliffe Presbyterian Church & BHC, LLC Page 2 of 7 order for the area to count towards the lot width requirement; however, that has not be finalized. The proposed Conditional R-10 parcel, consisting of approximately 1.45-acres will be developed with a five-lot single family subdivision. As proffered, a 10-foot-wide landscape buffer to include a six-foot tall privacy fence is proposed along both Millwood Road and N. Great Neck Road. Since the Ordinance typically only allows for a 4-foot-tall fence when within 30-feet of a public right-of-way, the applicant is requesting a deviation to allow for a height of six feet. The placement of the proposed fence was reviewed by Traffic Engineering, who confirmed that the proposed fence would not impact the required sight distance from the Millwood Road and N. Great Neck Road intersection. A subdivision variance is required for the proposed Lot 5 since the lot does not meet the 80-foot lot width and 64-foot street line frontage requirement. As shown, the lot width and street line frontage is proposed at 20-feet for the flag lot. The flag lot will allow some frontage on the public street in order for the public utility connections to be made from N. Great Neck Road. The Subdivision Ordinance requires 8% open space for proposed residential subdivisions with lot sizes ranging from 10,000 sf to 14,999 sf. Based on the proposed subdivision, 5,056 square feet of open space would be required to serve the five proposed single-family lots. Section 4.5(b) of the Subdivision Regulations allows for the open space requirement to either be waived or for other alternatives to be considered when the required open space is less than half an acre and would serve no useful public purpose. As such the applicant is requesting for Council to allow for a cash in-lieu payment in place of the dedicated open space. If approved, the amount of the required payment would be determined during the site plan review process and the Department of Parks & Recreation would bring the final terms of the agreement back to City Council, which would include the payment amount, in accordance with the City's Cash in Lieu of Park Reservation Policy. The proposed home styles provide high quality and attractive buildings with materials consisting of high-quality architectural shingles, cementitious siding, brick or masonry stone, or a combination of those materials along with high-quality accents such as metal roofs and vinyl shutters. While a sign is not proposed for the single-family subdivision, the applicant is proposing a freestanding monument sign for the Conditional 0-1 Office zoned parcel. The sign will be no taller than five feet in height and externally illuminated. Access to the proposed development will be via a shared private road off Millwood Road, serving both the proposed Conditional 0-1 Parcel and the five proposed single-family dwellings. Per review by the Fire Marshal's office, the design of the private road meets the requirements of the Virginia Beach Fire Prevention Policy. A one-foot no ingress/egress easement is proposed along the entire frontage of N. Great Neck Road, as access to the development will be from the private road. Wycliffe Presbyterian Church & BHC, LLC Page 3 of 7 ■ Considerations: Staff finds the proposal to be in keeping with the policies and goals set forth in the Comprehensive Plan for the Suburban Area which focuses on creating and maintaining great neighborhoods. The 0-1 Office District is intended to provide an environment appropriate to office or institutional uses that are compatible with residential uses which may adjoin and where public facilities are available to meet their needs. The applicant is further proffering the allowable uses for the Conditional 0-1 parcel to include uses such as medical/dental offices, professional firms, nonprofits, and religious uses, all of which would be considered compatible non-residential uses which would align with the Comprehensive Plan's general recommendations for the Suburban Area. Furthermore, the proffered plan includes the retention of the existing pond and much of the existing vegetation to limit the physical impacts to the proposed 0-1 parcel. The reduction in the property associated with the church will not adversely affect the surrounding area, as all parking will continue to be on site and the church will continue to operate as it has for the past several decades with the same building facilities, access, and parking to accommodate parishioners and guests. Also, the redevelopment of the 3.88- acre parcel provides an enhanced landscape buffer adjacent to existing residentially zoned parcels and screening along the public rights-of-way to include the retention of existing mature trees and vegetation, which further aligns with the recommendations of the Comprehensive Plan. The majority of the components of the Suburban Area recommendations for new development have been addressed with this proposal to include streetscape plantings, enhanced buffering, open space, pedestrian connectivity, and proposed house styles that enhance the surrounding community. Two letters of concern and 19 letters of opposition were received regarding these requests. One speaker spoke in support of the application at the Planning Commission hearing while ten spoke in opposition, stating concerns with the proposed office use, increase in traffic, potential flooding, and stormwater. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. ■ Recommendation: On March 13, 2024, the Planning Commission voted on a motion to recommend approval of this request with a vote of 5 to 5. The vote failed, resulting in a recommendation of denial. Modification of Conditions 1. All previous conditions attached to the Conditional Use Permit approvals of August 3, 1966, October 15, 1973, and December 19, 1988, as well as the Modification of Conditions approval of December 12, 2000 shall remain in effect. Wycliffe Presbyterian Church & BHC, LLC Page 4 of 7 Subdivision Variances 1. The applicant/owner shall submit a subdivision plat to the City of Virginia Beach, subject to the review and approval of the Department of Planning & Community Development prior to the recordation, which shall be in substantial conformance to the submitted exhibit entitled "REZONING PLAN FOR WYCLIFFE EXCESS PROPERTY GPIN: 2408-09-9309 VIRGINIA BEACH, VIRGINIA", dated December 4, 2023, prepared by Gaddy Engineering Services, a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning & Community Development. 2. The applicant shall obtain an Encroachment Agreement through the Department of Public Works/Real Estate, prior to development, for any improvements (i.e roads, structures) that will encroach into any public City easements on the property. The Encroachment Agreement shall be approved prior to the approval of the site plan, construction plan, and recordation of the subdivision plat. 3. Prior to recordation, a one-foot no ingress-egress easement shall be dedicated along N. Great Neck Road on the subdivision plat. Conditional Rezoning (R-10 to Conditional 0-1) Proffers Proffer 1: When the Property is subdivided and developed, it shall have the widened and improved, privately maintained shared entrance from Millwood Road, freestanding, externally illuminated monument style sign, landscape buffers and existing parking lot substantially as depicted and described on the exhibits entitled, "REZONING PLAN FOR WYCLIFFE EXCESS PROPERTY GPIN: 2408-09-9309 VIRGINIA BEACH, VIRGINIA", dated December 4, 2023, prepared by Gaddy Engineering Services, and "Freestanding Sign Rendering For Parcel A" dated December 4, 2023, copies of which have been exhibited to the Virginia Beach City Council are on file with the Virginia Beach Department of Planning (the "Rezoning Plan") and are incorporated herein by this reference. Proffer 2: The development of Property shall be restricted to the maintenance, renovation, and refurbishment of the existing 3,522 square foot A-Frame Office Building to include up to 500 additional square feet of floor area which will not substantially modify the exterior architectural features and appearance of the existing building. Proffer 3: The only types of uses which shall be permitted in the building on the Property are as follows: i. Business offices of advertising, real estate or insurance companies; Wycliffe Presbyterian Church & BHC, LLC Page 5 of 7 ii. Medical, optical and dental offices and clinics; legal, engineering, architectural and similar professional offices, accounting, auditing and bookkeeping services offices; iii. Offices of miscellaneous business services such as consumer credit reporting agencies; mailing list and stenographic services, business and management consulting services; iv. Offices of non-profit organizations, such as professional organizations, civic, social and fraternal associations, political organizations, and religious organizations; and v. Religious uses. Proffer 4: When the Property is created by subdivision, the party of the first part shall record a Declaration of Easement creating an Ingress/Egress, Public Utility and Shared Maintenance Agreement for the benefit of the adjoining PARCEL R over and across the portion of "Shared Private Road" which provides access from both the Property and PARCEL R to Millwood Road. Proffer 5: Further conditions may be required by the Grantee during detailed Subdivision and/or Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. Conditional Rezoning (R-10 to Conditional R-10) Proffers Proffer 1: When the Property is subdivided, developed and landscaped, it shall have the privately maintained entrance street, sidewalk extension along Millwood Road, dedicated public utility easement along Millwood Road and Great Neck Road and landscaped buffers with six foot (6) privacy fence substantially as depicted and described on the exhibit entitled, "REZONING PLAN FOR WYCLIFFE EXCESS PROPERTY GPIN: 2408-09-9309 VIRGINIA BEACH, VIRGINIA", dated December 4, 2023, prepared by Gaddy Engineering Services, copies of which have been exhibited to the Virginia Beach City Council are on file with the Virginia Beach Department of Planning (the "Rezoning Plan") and are incorporated herein by this reference. A detailed landscape plan for the designated ten foot (10') landscape buffers with six foot (6) privacy fence as depicted on the Rezoning Plan shall be submitted for approval with the Subdivision Construction Plan. Proffer 2: When the Property is developed, it will be subdivided into no more than five (5) single family residential building lots each having a minimum of 10,000 square feet of area. The five (5) new homes will be built with a crawlspace or a raised slab foundation and they will contain a minimum of 2600 square feet of living area. Each home shall have no less than a two (2) car garage and utilize the high quality Wycliffe Presbyterian Church & BHC, LLC Page 6 of 7 architectural features and design elements substantially as depicted on one of the five (5) renderings designated "Bishard Homes Subdivision Quality Example" (1 through 5), dated December 4, 2023 which have been exhibited to the Virginia Beach City Council are on file with the Virginia Beach Department of Planning (the "Quality Home Depictions") and are incorporated herein by this reference. None of the Quality Homes depicted and proffered herein may be constructed on two (2) adjoining lots. Proffer 3: When the Property is developed, the exterior building materials to be used on the residential structures shall consist primarily of high quality architectural shingles, cementitious siding (e.g., "Hardi Plank"), brick or masonry stone, or a combination of those materials along with high-quality accent or ancillary material such as metal roof accents and vinyl shutters. Proffer 4: The party of the first part shall contribute a payment in lieu of the recreational open space requirement under Section 4.5 of the Subdivision Ordinance, to the Grantee's Parks and Recreation Department. Proffer 5: When the Property is developed, the party of the first part shall record a Declaration submitting the building lots, the ten foot (10') Fencing and Landscape Buffer Easement, the Shared Private Road Easements, offsite and onsite, and all maintenance agreements and obligations applicable thereto to a mandatory membership Homeowner's Association which shall control these easement rights and be responsible for maintaining the ONSITE portion of the SHARED PRIVATE ROAD and the ten foot (10') Fencing and Landscape Buffers. The Homeowner's Association shall also be responsible for collecting and contributing the homeowner's share of the maintenance costs of the offsite portion of the Shared Private Road from Millwood Road to its intersection with the ONSITE Private Road. Proffer 6: Further conditions may be required by the Grantee during detailed Subdivision and/or Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. ■ Attachments: Staff Report and Disclosure Statements Location Map Proffer Agreement Minutes of Planning Commission Hearing Letter from Wycliffe Presbyterian Church Letter(s) of Concern (2) Letter(s) of Opposition (19) Wycliffe Presbyterian Church & BHC, LLC Page 7 of 7 Recommended Action: Staff recommends Approval. Planning Commission recommends Denial. , Submitting Department/Agency: Planning Department City Manager: Items Applicants Wycliffe Presbyterian .. Property Owner Trustees of • Planning • • • 20245 • City f Council Virginia Beach Requests #5-Modification of Conditions(Religious Use) #6-Conditional Rezoning(R-10 Residential District to Conditional 0-1 Office District) —J' ° — #7-Conditional Rezoning(R-10 Residential District to Conditional R-10 Residential District) b #8-Subdivision Variance(Section 4.4(b) of the Subdivision Regulations for Parcel A) #9-Subdivision Variance(Section 4.4(b) of the Subdivision Regulations for Lot 5) Staff Recommendation Approval Staff Planner ' Marchelle Coleman Location 1445 North Great Neck Road &2307 Millwood Road GPINs r 2408191170, 2408099309 Site Size 8.01 acres .. AICUZ Less than 65 dB DNL 0,f 'A s •, A �t�.,.;k. t Watershed ; ,.. , y- Chesapeake Bay ,;.� °^ + , ►� *W- Existing Land Use and Zoning District ;' tr Religious Use/R-10 Residential Surrounding Land Uses and Zoning Districts QRPPT N ,cIR Ic � ; North N. Great Neck Road Undeveloped lots, restaurant, office/R-10 f ?�� ` �" • 2F� Residential, B-2 Community Business South Single-family dwellings/R-20 Residential t= ,•� `�' 4>, •• .� ,^ >` � EastAL Ae'. . Office,single-family dwellings/B-2 Community : . Business, R-10 Residential West Single-family dwellings/R-10 Residential Wycliffe Presbyterian Church & BHC, LLC Agenda Items 5-9 Page 1 Background of • . • • The applicants are seeking a Modification of Conditions to remove a 3.88-acre portion of the property from the Conditional Use Permit associated with the Religious Use,Conditional Rezoning requests to rezone an approximately 2.43-acre portion of the property from R-10 Residential District to Conditional 0-1 Office District to retain a 3,522 square foot building for office and an approximately 1.45-acre portion of the property from R-10 Residential District to Conditional R-10 Residential District to develop a five lot single family subdivision at a density of 3.44 units per acre, as well as Subdivision Variances to lot width for Parcel A and to lot width and street line frontage for Lot 5 within the proposed development. • Within a half-mile radius of this section of the N. Great Neck corridor,there are a mix of zoning classifications to include R-10 Residential, R-15 Residential, R-20 Residential,A-12 Apartment,A-18 Apartment,and B-2 Community Business. • Wycliffe Presbyterian Church has existed on these R-10 Residential District zoned parcels since the 1960s. A Conditional Use Permit for a religious use was granted by City Council on August 3, 1966,and for a childcare education center on December 19, 1988. Subsequently, in 2000,the City Council approved an approximately 4,000 square foot church addition. • One of the applicants,Wycliffe Presbyterian Church, intends to remove an approximately 3.88-acre portion of the property from the Conditional Use Permit for a religious use and sell that portion to the other applicant, BHC, LLC. To remove the 3.88 acres from the Conditional Use Permit, a Modification of Conditions is required. • The remaining 4.13 acres which includes the church facilities and parking,will remain under the church's ownership. The remaining acreage exceeds the minimum three-acre lot area requirement for religious uses, as identified in Section 240.1 of the Zoning Ordinance. • BHC, LLC intends to subdivide the 3.88-acre portion of the site to create a 2.43-acre lot(Parcel A)to include the existing 3,522 square foot A-frame building and the existing pond on the property, both of which are to be retained. The applicant has proffered the allowable uses for the existing A-Frame building to include professional office uses such as medical, real estate, insurance, legal,and non-profit offices, as well as religious uses. While the applicant has proffered up to a 500 square foot addition to the building,the building shall remain substantially in conformance with the exterior architectural features and appearance of the existing building.The eastern 1.45-acre portion of site (Parcel R)will be developed with five single-family lots accessed via a shared private road from Millwood Road. The private road will also provide access to proposed Parcel A. • The City previously utilized the existing A-frame building to operate an Infant Program on the property.The program was established in 1987 and began using the existing A-frame building in 1990. As stated previously,the applicant, Friends of Infant Stimulation, Inc. was granted a Conditional Use Permit for a child care education center by City Council on December 19, 1988.The City discontinued the use of the A-frame building on September 17, 2021. Since that date,the program has operated at a location off Virginia Beach Boulevard,just west of Town Center. • As depicted on the proffered rezoning exhibit, there are 22 existing parking spaces on the Conditional 0-1 property (Parcel A), exceeding the maximum parking spaces allowed by six spaces. Since the parking lot will remain in its current condition as it has been for several decades,the Planning Director is agreeable to the excess number of spaces as allowed by Section 203(b)(9)of the Zoning Ordinance. • A 10-foot-wide landscape buffer is provided between the adjacent residential properties along Millwood Road and the proposed Conditional 0-1 property(Parcel A),as required by the City's Zoning Ordinance. Existing vegetation will remain undisturbed between the R-20 Residential District parcels to the west to satisfy the buffering requirements. Wycliffe Presbyterian Church & BHC, LLC Agenda Items 5-9 Page 2 In addition, a 10-foot-wide landscape buffer with Category VI plantings and a six-foot tall wood privacy fence is also proposed along N. Great Neck Road and Millwood Road.The applicant is requesting a height deviation in accordance with Section 107(i) of the Zoning Ordinance,to allow for the installation of a six-foot tall fence instead of the four- foot maximum height typically permitted within 30-feet of a public right-of-way. • Per Section 4.5 of the Subdivision Regulations, 8%(approximately 5,056 square feet)of open space shall be reserved to serve residents of residential developments with lots sizes ranging from 10,000 square feet to 14,999 square feet. In instances where the resulting area to be reserved for recreational purposes would be less than one-half acre and would serve no useful public purpose, Section 4.5(b) of the Subdivision Ordinance allows for the consideration of an alternative to the dedication,to include a cash payment in lieu of the open space dedication, if it is mutually agreed to by the city council and the developer. Since the open space dedication required for this proposal is less than one-half acre,the applicant is requesting to provide a cash payment in lieu of the open space dedication. • The proffered house styles for the five-lot subdivision depict dwellings with exterior materials to be comprised of high-quality architectural shingles, cementitious siding(e.g., "HardiPlank"), brick or masonry stone,or a combination of those materials along with high-quality accents such as metal roof and vinyl shutters. • A freestanding monument style sign is proposed at the entrance of the shared private road for the Conditional 0-1 Office District zoned parcel (Parcel A).As proffered,the proposed cultured stone sign will be no taller than five feet in height and externally illuminated. No sign is proposed for the single-family subdivision. The proposed freestanding sign must meet the requirements of the Zoning Ordinance including the required landscaping around the base. • Per the Code of Virginia Beach,Section 31-28(d),the City will not make refuse collections on private property.The applicant is aware and will be providing private services for the pick-up and disposal of trash and solid waste for this development. • A Subdivision Variance is requested for the deficiency in lot width for Parcel A, and the lot width and street line frontage for Lot 5,as shown in the table below. Required Proposed Required Proposed Required Proposed Proposed Lot Minimum Lot Width Lot Width (feet) Frontage Frontage Lot Area (square feet) (feet) (feet) (feet) (square feet) Parcel A 50 35.2* 40 80 5,000 105,724 Lots 80 20* 64 20* 10,000 12,500 *Variance Requested Wycliffe Presbyterian Church & BHC, LLC Agenda Items 5-9 Page 3 R20 R4D frt0 4 4 P RI Zoning History �8r '�F �• r # Request R,0 $� 1 SVR(Lot Width Reduction)Approved 10/05/2021 `4120 CUP(Vocational School)Approved 10/05/2021 62 2 CUP(Tattoo Parlor)Approved 01/21/2020 3 MDC(Church Addition)Approved 12/12/2000 Ic 4 CUP(Child Care Education Center)Approved 12/19/1988 — „,— CUP(Church)Approved 08/03/1966 ° 20 B2 4 CUP(Automobile Repair Garage)Approved 06/09/1992 5 CUP(Pump Station)Approved 10/15/1973 B2 Application Types CUP—Conditional Use Permit MDC—Modification of Conditions STC—Street Closure SVR—Subdivision Variance REZ—Rezoning MDP—ModificationofProffers FVR—FloodplainVariance LUP—Land Use Plan CRZ—Conditional Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—ShortTermRental Evaluation • • • In Staff's opinion,these requests for a Modification of Conditions to remove approximately 3.88-acres from the previously approved Conditional Use Permit,the Conditional Rezonings to rezone an approximately 2.43-acre portion from R-10 Residential District to Conditional 0-1 Office District and an approximately 1.45-acre portion from R-10 Residential District to Conditional R-10 Residential District to allow for the construction of a five-lot single-family subdivision, as well as Subdivision Variance requests to lot width for Parcel A and the lot width &street line frontage for Lot 5 are acceptable. The project falls within the Suburban Area.The request to remove 3.88-acre portion of the site from the Conditional Use Permit while retaining 4.13 acres for the church is consistent with the policies and goals set forth in the Comprehensive Plan for the Suburban Area, as the existing church complements the existing uses in the area and provides much needed services to the surrounding community. In Staff's opinion,the reduction in the property associated with the church will not adversely affect the surrounding area as all parking will continue to be met on the site,and the church will continue to operate as it has for the past several decades with the same building facilities, access, and parking to accommodate parishioners and guests. In addition,the Comprehensive Plan recommends that developments within the Suburban Area focus on creating and maintaining great neighborhoods.Achieving this goal reflects on the ability of developments to maintain and enhance existing neighborhoods,to be compatible with surroundings, and provide quality and attractive buildings that provide effective buffering and livability. In Staff's view,the proposed rezoning to Conditional 0-1 is acceptable since the 0-1 Office District, as stated in the City's Zoning Ordinance, is intended to provide an environment appropriate to office or institutional character compatible with residential uses. Staff is of the opinion that the existing office building is a low intensity use that is compatible with the surrounding residential area. While the existing 3,522 square foot building could be expanded up to an additional 500 square feet,the building will remain substantially in conformance with the exterior architectural features and appearance of the existing building, as proffered. As such the building will remain, largely unchanged,as it has on the site for decades. Furthermore,the applicant has voluntarily selected uses that can operate within the office building that are also compatible with the surrounding neighborhood as detailed in Proffer 3. The site will be enhanced with a 10-foot-wide landscape buffer to screen the use from the adjacent residential properties to the north and northwest,to include the retention of existing mature trees and vegetation,which aligns Wycliffe Presbyterian Church& BHC, LLC Agenda Items 5-9 Page 4 with the recommendations of the Comprehensive Plan. Also,the five-lot subdivision is consistent with the Comprehensive Plan's land use policies for the Suburban Area in creating great neighborhoods.The conditional rezoning of the property allows Staff to review the proposed proffered plans and elevations to ensure compatibility with the Comprehensive Plan for this area. In Staff's opinion,the proposed homes are compatible with the neighboring properties and provides quality and attractive home styles that enhance the existing character of the surrounding community.The development also provides additional landscaping and screening along the public right-of ways. Per Section 201 of the Zoning Ordinance, Walls and fences may project into or enclose any part of any yard; provided, however, that any fence that projects into or encloses a required front yard shall not exceed a height of four(4)feet. As depicted on the proffered rezoning exhibit, a six-foot-tall wood privacy fence is proposed along the front yard for the proposed lots, which are along N. Great Neck Road and Millwood Road. The applicant is requesting that the increase in the height of the fence be addressed through the provisions of Section 107(i), which states the following: The City Council may,for good cause shown and upon a finding that there will be no significant detrimental effects on surrounding properties, accept proffered conditions reasonably deviating from the setback, lot coverage, landscaping and minimum lot area requirements and height restrictions... otherwise applicable to the proposed development. No such deviation shall be in conflict with the applicable provisions of the Comprehensive Plan. In Staff's view,the fencing and evergreen plantings will provide an adequate streetscape buffer along the public right-of- ways and will not cause any impact to line of sight,as it meets the 775-foot sight distance requirement. Furthermore,the height of the fence is consistent with the fence height on the corner lot in the subdivision across N. Great Neck Road. As such,Staff is supportive of the deviation request. It is the opinion of the city's Traffic Engineering Staff that the traffic generated by the proposed development will result in 50 average daily trips for the five-lot single-family subdivision and 46 average daily trips for the office use.According to Public Works staff,N.Great Neck Road and Millwood Road have adequate capacity to support the proposed development. A one-foot no ingress-egress easement will be required along N. Great Neck Road with all future access to be from Millwood Road. The existing entrance along Millwood Road will remain in its current location, as approved by Traffic Engineering since it is located at the farthest point from the intersection of N. Great Neck Road and Millwood Road. However,the existing entrance will be widened,as depicted on the proffered plan,to accommodate emergency vehicles. The proffered rezoning exhibit has been reviewed by the Fire Marshal's Office and they have agreed that the dimensions of the shared private access road is sufficient and allows them to adequately service both properties,the Conditional 0- 1 parcel as well as the Conditional R-10 lots. To ensure adequate emergency access,the applicant has indicated that they will remove Proffer 4 which states "When the Property is developed,on street parking within the community shall be restricted to one(1)side of the street" between Planning Commission and City Council to ensure that the shared access road is in full compliance with the Virginia Beach Fire Prevention Policy. Due to existing recorded easements on site and the requirement to exclude such area,Parcel A does not meet the required 50-foot lot width required for 0-1 Office District zoned parcels and Lot 5 does not meet the required 80-foot lot width and 64-foot street line frontage for properties zoned R-10 Residential District. As such, a Subdivision Variance requests are required. Section 9.3 of the Subdivision Regulations states: No variance shall be authorized by the Council unless it finds that: A. Strict application of the ordinance would produce undue hardship. B. The authorization of the variance will not be of substantial detriment to adjacent property, and the character of the neighborhood will not be adversely affected. C. The problem involved is not of so general or recurring a nature as to make reasonably practicable the formulation of general regulations to be adopted as an amendment to the ordinance. Wycliffe Presbyterian Church & BHC, LLC Agenda Items 5-9 Page 5 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. Staff finds the variance requests to be compliant with the conditions of Section 9.3. Parcel A has 80 feet of lot frontage along Millwood Road. Per Section 802 of the Zoning Ordinance,the minimum lot width required in the 0-1 Office District is 50 feet, measured at the 30-foot front yard setback.The lot width for this lot is 65.2 feet; however,there is an existing 30-foot-wide Dominion Virginia Power Easement running along Parcel A,which cannot be counted towards the minimum lot width requirement, resulting in a lot width of 35.2 feet,which creates a deficit of 14.8 feet. Since easements 20-feet or less in width can be counted towards the lot width requirement,the applicant has been working with Dominion Virginia Power to vacate 10 feet of the 30-foot easement on the property. However, since this has not been finalized,the Subdivision Variance is required. In addition, Lot 5 is depicted as a reverse flag lot with 20 feet of lot width and 20-foot street line frontage, where an 80-foot lot width and 64-foot street line frontage is required.The applicant is requesting the variance to Lot 5 to preserve,to the greatest extent possible,the western portion of the site, including the existing pond,to allow for it to remain in its existing condition.As such,Staff is supportive of these requests. Prior to development, all improvements that encroach into an existing public drainage or public utility easement on the property must be reviewed by Public Works/Real Estate through the Encroachment Agreement review process. As depicted on the proffered plan, it appears that the shared private road and fencing will encroach into these public easements. As noted in Condition 2 of the Subdivision Variance requests,an Encroachment Agreement shall be approved by Public Works/Real Estate, prior to the approval of the site plan, construction plan, and subdivision plat for this development. Regarding the proposed single-family subdivision, information provided by the Virginia Beach City Public School(VBCPS) Staff indicates that the increase in student enrollment will be minimal with a total of three students,one student for each level of education: elementary, middle,and high school.The increase in student population will be below maximum occupancy levels.There is an existing school bus stop adjacent to this development, at the corner of Millwood Road and Selden Street,to serve students of the Great Neck Estates neighborhood. According to VBCPS staff, nine students are picked up at this stop in the morning and seven are dropped off in the afternoon. Given this and the limited number of school-aged children anticipated with the proposed residential development,VBCPS stated they did not have any concerns with this development in relation to the existing school bus stop location.They did note that this is the current location of the existing bus stop and it is subject to change from year to year,as student ridership counts change. Based on this,the proposal is not expected to negatively impact the school population. This site is located in the Chesapeake Bay watershed and a narrative was provided by the applicant that indicates the intention to address water quality and quantity through the pond on the property. If additional treatment is needed, infiltration systems, bioretention planting beds, or underground storage facilities will be installed by the applicant. The pond is situated almost entirely on the proposed Conditional 0-1 parcel (Parcel A). A 10-foot public drainage easement running through the pond was dedicated to the City by subdivision plat(M.B. 122 PG. 40) and was acquired on 9/29/1977 when the plat was recorded.The City's existing easement allows the City to maintain water flow through the pond and into Lake Conrad#3.Staff support of the application does not constitute an agreement by the City to assume additional maintenance responsibilities for the pond.The pond is handling drainage for the church and will continue to do so. It is the opinion of Staff that all future maintenance of the pond shall be the responsibility of the property owners of the proposed Conditional 0-1 parcel and the church, except for the City's discretionary maintenance of the flow of water through its existing easement.An in-depth review of the stormwater management strategy will occur during the Wycliffe Presbyterian Church & BHC, LLC Agenda Items 5-9 Page 6 site plan review process to ensure compliance with all stormwater regulations and that no negative impacts will occur upstream or downstream as a result of this development. Based on these considerations above,Staff recommends approval of the request subject to the conditions and proffers below. Recommended Conditions for 1. All previous conditions attached to the Conditional Use Permit approvals of August 3, 1966, October 15, 1973, and December 19, 1988, as well as the Modification of Condition approval of December 12, 2000 shall remain in effect. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. Proffers for CRZ (R-10 to Conditional 0-1) i 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 subdivided and developed, it shall have the widened and improved, privately maintained shared entrance from Millwood Road,freestanding, externally illuminated monument style sign, landscape buffers and existing parking lot substantially as depicted and described on the exhibits entitled, "REZONING PLAN FOR WYCLIFFE EXCESS PROPERTY GPIN:2408-09-9309 VIRGINIA BEACH,VIRGINIA", dated December 4, 2023, prepared by Gaddy Engineering Services, and "Freestanding Sign Rendering For Parcel A" dated December 4,2023, copies of which have been exhibited to the Virginia Beach City Council are on file with the Virginia Beach Department of Planning(the "Rezoning Plan") and are incorporated herein by this reference. Proffer 2: The development of Property shall be restricted to the maintenance, renovation, and refurbishment of the existing 3,522 square foot A-Frame Office Building to include up to 500 additional square feet of floor area which will not substantially modify the exterior architectural features and appearance of the existing building. Proffer 3: The only types of uses which shall be permitted in the building on the Property are as follows: (i) Business offices of advertising, real estate or insurance companies; (ii) Medical, optical and dental offices and clinics; legal, engineering, architectural and similar professional offices, accounting, auditing and bookkeeping services offices; (iii) Offices of miscellaneous business services such as consumer credit reporting agencies; mailing Wycliffe Presbyterian Church & BHC, LLC Agenda Items 5-9 Page 7 list and stenographic services, business and management consulting services; (iv) Offices of non-profit organizations, such as professional organizations, civic, social and fraternal associations, political organizations, and religious organizations;and (v) Religious uses. Proffer 4: When the Property is created by subdivision,the party of the first part shall record a Declaration of Easement creating an Ingress/Egress, Public Utility and Shared Maintenance Agreement for the benefit of the adjoining PARCEL R over and across the portion of"Shared Private Road" which provides access from both the Property and PARCEL R to Millwood Road. Proffer 5: Further conditions may be required by the Grantee during detailed Subdivision and/or Site Plan 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. Proffers for CRZ (R-10 to Conditional R-10) 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 subdivided,developed and landscaped, it shall have the privately maintained entrance street, sidewalk extension along Millwood Road, dedicated public utility easement along Millwood Road and Great Neck Road and landscaped buffers with six foot (6') privacy fence substantially as depicted and described on the exhibit entitled, "REZONING PLAN FOR WYCLIFFE EXCESS PROPERTY GPIN: 2408-09-9309 VIRGINIA BEACH,VIRGINIA", dated December 4, 2023, prepared by Gaddy Engineering Services, copies of which have been exhibited to the Virginia Beach City Council are on file with the Virginia Beach Department of Planning(the "Rezoning Plan")and are incorporated herein by this reference. A detailed landscape plan for the designated ten foot(10') landscape buffers with six foot (6') privacy fence as depicted on the Rezoning Plan shall be submitted for approval with the Subdivision Construction Plan. Proffer 2: When the Property is developed, it will be subdivided into no more than five (5)single family residential building lots each having a minimum of 10,000 square feet of area. The five (5) new homes will be built with a crawlspace or a raised slab foundation and they will contain a minimum of 2600 square feet of living area. Each home shall have no less than a two (2)car garage and utilize the high quality architectural features and design elements substantially as depicted on one of the five (5) renderings designated "Bishard Homes Subdivision Quality Example" (1 through 5), dated December 4, 2023 which have been exhibited to the Virginia Beach City Council are on file with the Virginia Beach Department of Planning (the "Quality Home Depictions") and are incorporated herein by this reference. None of the Quality Homes depicted and proffered herein may be constructed on two(2) adjoining lots. Proffer 3: When the Property is developed,the exterior building materials to be used on the residential structures shall consist primarily of high quality architectural shingles, cementitious siding(e.g., "Hardi Plank"), brick or masonry stone, or a Wycliffe Presbyterian Church & BHC, LLC Agenda Items 5-9 Page 8 combination of those materials along with high-quality accent or ancillary material such as metal roof accents and vinyl shutters. Pr-af fer.4T Proffer 4: The party of the first part shall contribute a payment in lieu of the recreational open space requirement under Section 4.5 of the Subdivision Ordinance,to the Grantee's Parks and Recreation Department. Proffer 5: When the Property is developed,the party of the first part shall record a Declaration submitting the building lots,the ten foot (10') Fencing and Landscape Buffer Easement,the Shared Private Road Easements,offsite and onsite, and all maintenance agreements and obligations applicable thereto to a mandatory membership Homeowner's Association which shall control these easement rights and be responsible for maintaining the ONSITE portion of the SHARED PRIVATE ROAD and the ten foot (10') Fencing and Landscape Buffers.The Homeowner's Association shall also be responsible for collecting and contributing the homeowner's share of the maintenance costs of the offsite portion of the Shared Private Road from Millwood Road to its intersection with the ONSITE Private Road. Proffer 6: Further conditions may be required by the Grantee during detailed Subdivision and/or Site Plan 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 . . for 1. The applicant/owner shall submit a subdivision plat to the City of Virginia Beach, subject to the review and approval of the Department of Planning&Community Development prior to the recordation,which shall be in substantial conformance to the submitted exhibit entitled "REZONING PLAN FOR WYCLIFFE EXCESS PROPERTY GPIN:2408-09- 9309 VIRGINIA BEACH,VIRGINIA", dated December 4, 2023, prepared by Gaddy Engineering Services,a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning&Community Development. 2. The applicant shall obtain an Encroachment Agreement through the Department of Public Works/Real Estate, prior to development,for any improvements (i.e roads, structures)that will encroach into any public City easements on the property.The Encroachment Agreement shall be approved prior to the approval of the site plan, construction plan, and recordation of the subdivision plat. 3. Prior to recordation,a one-foot no ingress-egress easement shall be dedicated along N. Great Neck Road on the subdivision plat. 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. Wycliffe Presbyterian Church & BHC, LLC Agenda Items 5-9 Page 9 Previous • • from • . . CUP 1. Standard site plan requirements. 2. An additional 25-foot dedication for the widening of Great Neck Road. Previous • • • 1. Standard site plan requirements (Engineering). Previous • • • from • • 1. The utilization of Best Management Practices for controlling stormwater runoff which are reasonably applicable to the development of the site. 1. Land disturbance for the addition shall be kept at a minimum.Any removal of existing mature trees shall be replaced at a 3:1 ratio.The replacement trees shall be a minimum 2-1/2 inch to 3-inch caliper. 2. The building addition shall be constructed substantially in accordance with the submitted elevation titled "WYCLIFFE PRESBYTERIAN CHURCH,Virginia Beach,VA.",dated 22 August 2000, prepared by Tymoss & Moss Architects,that is on file in the City of Virginia Beach Planning Department. 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. Overall,the proposal is consistent with the Comprehensive Plan's recommendations for this area. Natural & Cultural Resources Impacts The site is located in the Chesapeake Bay watershed.The site is wooded with mature trees and shrubs.The impervious area of the site includes the church,several accessory buildings, and parking areas.The site also contains a freshwater pond. The pond is considered non-tidal wetlands and does not fall under the jurisdiction of City Code,Appendix A,Article 14— Wetlands Zoning Ordinance.Vegetated wetlands are defined in the city's Wetland Zoning Ordinance as lands lying between and contiguous to mean low water and an elevation above mean low water equal to the factor one and one- Wycliffe Presbyterian Church & BHC, LLC Agenda Items 5-9 Page 10 half(1%)times the mean tide range at the site of the proposed project in the City of Virginia Beach.The tidal elevation based off NAVD 88 datum for this portion of the Lynnhaven is as follows: Mean Low Water(MLW) elevation:-1.2,Tidal Range elevation: 1.9, Mean High Water(MHW):0.7. While this area is classified as a lake habitat wetland on the U.S. Fish &Wildlife Service, National Wetland mapper,the elevations limit the local Wetlands Board jurisdiction, as described in the city's Wetland Zoning Ordinance from MLW to an elevation of 1.7 feet (1%times the mean tide range). Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic N.Great Neck Road 38,800 ADT 55,000 ADT 1(LOS° Existing Land Use 2a—46 ADT "D") Existing Zoning(2.5 ac parcel zoned R-10)2a—75 ADT Proposed Land Use"—46 ADT No Data Available Proposed Land Use(with up to 500 sf addition)3a—58 ADT Millwood Road 1 No Data Available 1 Existing Land Use 21—0 ADT Proposed Land Use"—50 ADT 'Average Daily Trips 2a as defined by an 3a as defined by a 35,222 4 LOS=Level of Service existing 35,222 office office use building 3bas defined by a five-lot zbas defined by a single family subdivision vacant 1.45-acre R-10 zoned parcel Master Transportation Plan (MTP) and Capital Improvement Program (CIP) N. Great Neck Road is a six-lane suburban arterial in the vicinity of this site. N.Great Neck Road has a variable right-of- way width,and the MTP shows a divided highway with a bikeway and an ultimate right-of-way width of 120 feet. There are currently no CIP projects scheduled for this segment of N. Great Neck Road. Millwood Road is a two-lane residential roadway that intersects with N. Great Neck Road at a unsignalized intersection. Public Utility Impacts Water Each proposed parcel must connect to City water with a separate and exclusive water service line and meter.There is an existing eight-inch City water main along Millwood Road and a 16-inch City water main along N. Great Neck Road. Sewer Each proposed parcel must connect to City sanitary sewer with a separate and exclusive sewer lateral and cleanout. There is an existing 12-inch City gravity sanitary sewer main along Millwood Road and an eight-inch City gravity sewer main along N. Great Neck Road.There is also an existing 16-inch HRSD sanitary sewer force main along N. Great Neck Road. The proposed parcels within this development will be served by public utilities with individual connections being made from N Great Neck Road and Millwood Road and not via a shared public or private utility easement within the proposed private roadway. Wycliffe Presbyterian Church & BHC, LLC Agenda Items 5-9 Page 11 School • . School Current Enrollment Capacity Generation 1 Change' Dey Elementary 728 students 788 students 1 student 1 student Great Neck Middle 1,056 students 1,128 students 1 student 1 student Cox High 1,614 students 1,883 students 1 student 1 student "'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 • The applicant&applicant's representative met with the Great Neck Estates Civic League and the surrounding community on March 6, 2024 at 7:00 p.m. at the Wycliffe Presbyterian Church to discuss the details of the request. • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on February 12, 2024. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, February 28, 2024 and March 6, 2024. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on February 26, 2024. • This Staff report, as well as all reports for this Planning Commission's meeting,was posted on the Commission's webpage of www.VirginiaBeach.gov/pc on March 7, 2024. City Council • As required by City Code,this item was advertised in the Virginian-Pilot on Tuesdays,April 2, 2024 and April 9, 2024. • As required by City Code,the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on April 1, 2024. • The City Clerk's Office posted the materials associated with the application on the City Council website of https://clerk.virginiabeach.gov/city-council on April 12, 2024. 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Zdit Ra.lt.tn•r1�■ �vi!�"p�,p+ix ■ fRYIMlt 7•■tiE.l•■rp .:rwr l.Wr-1"-Arp� --- Church Property:,,,/ Property a I _ to Remain Removed from CUP • -x (4.13 acres) 13.88 acres} rroR INIJ Lw WKLOW raCBNf� AWY C.*C" i.' - i"14 red",Af I > Ji3 d4f•� : 'C 1kR Al'G iM7 I *"��7'!'f ti�+f�tL°i f+'AR'wINF - ,,,.•� MCYi'+rt ,-,v ASPO jn tie n.sa xaA■"alsiarl I •.wGt�wy an ( RESUBMISION PLAT ;iw ?iQh,1-JOM •017G51 "gar.ar_a.tarac ! �� OF Lia.JwAAC f:e GM� I0ba�MAM PARC°LB-1-A AND 1*9 fu M PARCEL 5-2-A a m It l I ro A.s Ater cavfrtun.vr �' IINS'TRUMENT$201412181011MM) rw..71rA'r -1 7" I (DB,13S5 PG,601) • ANO l7 w ;wR1z �' " �na"aeorw GREAT DECK ESTATES.SECTON ONE AVOW en x M M xp l9'LI�1•�Aq'.tt6 w aaw•n• c " "*~• D IV Cw'0WArAWMA DW a err c zaR1o•a GA (��/ 'M.N.43 PG.2e) +mw.xr.an+� 4arr"f fbi tit M M1 t.11''1(O 1 (C,.B IM PG..515) r•ry nt(towftc rAM Carwcr: VIRGI'IA BEACH,'AR31hW _ a • +! w8•R9■MPKd FEBRUARV03.2023 (D W ^ w.wnio.•wne � fD aq B n �•" $HEFTIOF2 m (D r N T r W tD Cl Conditional Rezoning Exhibit AINAd 1 ,t I lit Wycliffe Presbyterian Church & RH[, LL[ Agenda Items 5'9 Page14 Street View Perspective Exhibit A\ Agenda Items 5-9 Page 15 i. � x fi 1 � Proposed Housing Style Renderings •r ti jj jjQQ I y3 f _ mix Presbyteriantp My Lill Wycliffe i Agenda • Proposed Housing Style Renderings �T �O s, lF i •e e�I Rook Una12 Wycliffe t �f Presbyterian Agenda Items 5-9 Proposed Housing • a , Fun ��' �11�1i�Til�_ j his=,.ir.F^ pyr„ a._ m.,,;6a;vsnwi '.nL7v Yx1+rcF 2/Y / Wycliffe Presbyterian Church & BHC, LLC Agenda Items 5-9 Page 18 Proposed Freestanding Monument AifiL FAMILY CAU CENTER r FOR nA,RCE-_L 'fA F-X7En-NA,CL`y ILLUMINATED y -13 Wycliffe Presbyterian Church & BHC, LLC Agenda Items 5-9 Page 19 Site Photos Tr- .. �d � s y 5# A y 4t t, Wycliffe Presbyterian Church & BHC, LLC Agenda Items 5-9 Page 20 . . .:.�. . . ..�� : : . �. . . . . . �Site Photos Wycliffe Presbyterian Church & BH C EL Agenda Items 5-9 Page 21 Disclosure Disclosure Statement X ID Planning&Community wow 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 Wycliffe Presbyterian 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?0 Yes ❑No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) David Gangwer&David G.Carney,Co-Trustees If yes,list the businesses that have a pa rent-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. 1"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also 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. Ne,,ed 11.09.2020 11 P a g e Wycliffe Presbyterian Church & BHC, LLC Agenda Items 5-9 Page 22 Disclosure Disclosure Statement r•vy ort•�ry�n„ongn Planning&Community Development Known Interest bV Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes ® 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? N Yes ❑ No • If yes,identify the company and individual providing the service John Profilet,S.L.Nusbaum Realty Co. 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 N 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. 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. Bishard Development Corporation 21Page Wycliffe Presbyterian Church & BHC, LLC Agenda Items 5-9 Page 23 Disclosure Disclosure Statement ViD Cdv a tbwi,lra,. Planning&Commujja} 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?11 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 busir operating or to be operated on the property?®Yes ❑No • If yes,identify the firm and individual providing the service Mike Gaddy,Gaddy Engineering 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 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. Wycliffe Presbyterian Church By. Applicant Signature Print Name and Title / Date ---_ --- Is the applicant also the 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 Comm that pertains to the applications ® No changes as of Date 3/26/202 A Signature _ ,,^ Print Name Marchelle L. Coleman Wycliffe Presbyterian Church & BHC, LLC Agenda Items 5-9 Page 24 Disclosure Disclosure Statement Cilg u/Piyirc�Rnrh Planning&Community Development f he 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 BHC,LLC,a Virginia limited liability company Does the applicant have a representative? K Yes ❑ No • If yes,list the name of the representative. Josh Moto,Bishard Homes,LLC Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? ®Yes LJ No . If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Steven W.Bishard&John K.Bishard,Members • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity2 relationship with the applicant. (Attach a list if necessary) '"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. 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. 11 Wycliffe Presbyterian Church & BHC, LLC Agenda Items 5-9 Page 25 Disclosure Disclosure Statement Oryi,(vmJ iaB—h Planning&Community > Development Known Interest by Public Official or EmploVee �. 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?D Yes 9 No • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-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 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 operateo on the property?D Yes 0 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. Jon Bengston,Land Planning Solutions(LPS) S. Is there any other pending or proposed purchaser of the subject property?D Yes {t- No • If yes,identify the purchaser and purchaser's service providers. 2 Wycliffe Presbyterian Church & BHC, LLC Agenda Items 5-9 Page 26 Disclosure Disclosure Statement • �'Iaull�n�;�:C:azttfnuniip• 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. Mike Gaddy,Gaddy Engineering Services 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 e 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 conne ion with this application. BHC,LLC By: Appli cant Signature Print Name and Title De 20Z3 — — 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 a a that pertains to the applications ® No chances as of wte 03�ZV�2U24 Signature P'`"`""ame—iMarchelle L. Coleman j 31 Wycliffe Presbyterian Church & BHC, LLC Agenda Items 5-9 Page 27 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-5692. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division,and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Wycliffe Presbyterian Church & BHC, LLC Agenda Items 5-9 Page 28 O4 U s CITY OF VIRGINIA BEACH • INTER-OFFICE CORRESPONDENCE o a s OF OUR up, In Reply Refer To Our File No. DF-11143 DATE: April 3, 2024 TO: Mark D. Stiles DEPT: City Attorney FROM: B. Kay Wilson DEPT: City Attorney RE: Conditional Zoning Application; BHC, LLC The above-referenced conditional zoning application is scheduled to be heard by the City Council on April 16, 2024. 1 have reviewed the subject proffer agreement, dated December 5, 2023 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/ka Enclosure cc: City Manager H BHC,LLC,a Virginia limited liability company DAVID E.GANGWER and DAVID G.CARNEY,TRUSTEES OF WYCLIFFE PRESBYTERIAN CHURCH TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH,a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 51h day of December, 2023, by and between BHC, LLC, a Virginia limited liability company, party of the first part, Grantor; DAVID E. GANGWER and DAVID G. CARNEY,TRUSTEES OF WYCLIFFE PRESBYTERIAN CHURCH,party of the second part, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia,party of the third part,Grantee. WITNESSETH: WHEREAS,the party of the second part is the owner of property located in District 8 of the City of Virginia Beach containing approximately 1.341 acres which is more particularly described as "PARCEL R" on Exhibit "A" attached hereto and incorporated herein by this reference,which PARCEL R is herein referred to as the"Property";and WHEREAS,the party of the first part,as contract purchaser of the Property,has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach,Virginia,by petition addressed to the Grantee so as to change the Zoning Classification of the Property from R-10 Residential District to Conditional R-10 Residential District;and WHEREAS,the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation;and WHEREAS, the Grantors acknowledge that the 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 GPIN: PARCEL A Part of 2408-09-9309 Prepared by: R Edward Bourdon,Jr.,Esquire VSB#22160 Sykes,Bourdon,Ahern&Levy,P.C. 4429 Bonney Road,Suite 500 Virginia Beach,Virginia 23462 are not generally applicable to land similarly zoned are needed to cope with the situation to which the Grantors'rezoning application gives rise; and WHEREAS,the Grantors have voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee,as a part of the proposed amendment to the Zoning Map, in addition to the regulations provided for the Residential District by the existing overall Zoning Ordinance, 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 Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantors, for themselves, their successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro -quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development,operation,and use of the Property and hereby covenant and agree that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantors,their successors,personal representatives,assigns,grantees,and other successors in interest or title: 1. When the Property is subdivided, developed and landscaped, it shall have the privately maintained entrance street,sidewalk extension along Millwood Road,dedicated public utility easement along Millwood Road and Great Neck Road and landscaped buffers with six foot (6) privacy fence substantially as depicted and described on the exhibit entitled, "REZONING PLAN FOR WYCLIFFE EXCESS PROPERTY GPIN: 2408-09-9309 VIRGINIA BEACH, VIRGINIA", dated December 4, 2023, prepared by Gaddy Engineering Services, copies of which have been exhibited to the Virginia Beach City Council are on file with the Virginia Beach Department of Planning (the "Rezoning Plan") and are incorporated herein by this reference. A detailed landscape plan for the designated ten foot(10') landscape buffers with six foot (6) privacy fence as depicted on the Rezoning Plan shall be submitted for approval with the Subdivision Construction Plan. 2. When the Property is developed, it will be subdivided into no more than five (5) single family residential building lots each having a minimum of 10,000 square feet of area. The 2 five (5) new homes will be built with a crawlspace or a raised slab foundation and they will contain a minimum of 2600 square feet of living area. Each home shall have no less than a two (2) car garage and utilize the high quality architectural features and design elements substantially as depicted on one of the five (5) renderings designated "Bishard Homes Subdivision Quality Example" (1 through 5),dated December 4, 2023 which have been exhibited to the Virginia Beach City Council are on file with the Virginia Beach Department of Planning(the "Quality Home Depictions") and are incorporated herein by this reference. None of the Quality Homes depicted and proffered herein may be constructed on two (2) adjoining lots. 3. When the Property is developed,the exterior building materials to be used on the residential structures shall consist primarily of high quality architectural shingles, cementitious siding (e.g., "HardiPlank"), brick or masonry stone, or a combination of those materials along with high-quality accent or ancillary material such as metal roof accents and vinyl shutters. 4. The party of the first part shall contribute a payment in lieu of the recreational open space requirement under Section 4.5 of the Subdivision Ordinance, to the Grantee's Parks and Recreation Department. 5. When the Property is developed, the party of the first part shall record a Declaration submitting the building lots, the ten foot (10') Fencing and Landscape Buffer Easement, the Shared Private Road Easements, offsite and onsite, and all maintenance agreements and obligations applicable thereto to a mandatory membership Homeowner's Association which shall control these easement rights and be responsible for maintaining the ONSITE portion of the SHARED PRIVATE ROAD and the ten foot (10') Fencing and Landscape Buffers, The Homeowner's Association shall also be responsible for collecting and contributing the homeowner's share of the maintenance costs of the offsite portion of the Shared Private Road from Millwood Road to its intersection with the ONSITE Private Road. 7. Further conditions may be required by the Grantee during detailed Subdivision and/or Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. The above conditions, having been proffered by the Grantors and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance,shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a 3 new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantors 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 and restrictions, including the authority(a)to order,in writing,that any noncompliance with such conditions be remedied;and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction,abatement, damages, or other appropriate action,suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia,and indexed in the name of the Grantors and the Grantee. 4 WITNESS the following signature and seal: Grantor: BHC, LLC, a Virginia limited liability company BY' (SEAL) Steven W. Bishard, Member STATE OF VIRGINIA CITY OF VIRGINIA BEACH,to-wit: The foregoing instrument was acknowledged before me this Vft day of December,2023, by Steven W. Bishard, Member of BHC, LLC,a Virginia limited liability company,Grantor. Notary Public My Commission Expires:_A 3/,ZUa Notary Registration Number: 0� JOSHUA MOTO NOTARY PUBLIC REGISTRATION#7851074 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES 08/3112OZ7 5 WITNESS the following signature and seal: Grantor: (SEAL) David E.Gangwerlylfustee for Wycliffe Presbyterian Church STATE OF VIRGINIA CITY OF VIRGINIA BEACH,to-wit: The foregoing instrument was acknowledged before me this 4 day of December,2023, by David E.Gangwer,Trustee of the Wycliffe Presbyterian Church,Grantor. JdA/lit '�I&Z�z Notary Public My Commission Expires: Notary Registration Number: Z SKYLER SWINK NOTARY PUBLIC COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES OCT.31,2026 COMMISSION#7789172 6 EXHIBIT "A" "PARCEL R" All that certain piece or parcel of land lying,situate and being in District 8 of the City of Virginia Beach, Virginia, containing 1.341 acres on the southwestern side of Great Neck Road and the southern side of Millwood Drive at their intersection, which property is the eastern portion of PARCEL B-2-A-1 (Instrument Number 202307000103) and is more particularly described as follows: Beginning at a pin set along the southwesternmost right of way line of N. Great Neck Road at its point of intersection with the boundary line dividing PARCEL B-2-A-1 and PARCEL B-1-A-1 as depicted on the RESUBDIVISION PLAT OF PARCEL B-1-A AND PARCEL B-2-A (INST. #20141218001186080) (DB 1355,PG.661)AND REMAINDER OF LOT 1,BLOCK B,GREAT NECK ESTATES, SECTION ONE, VIRGINIA BEACH, VIRGINIA" recorded in the Office of the Clerk of Circuit Court of the City of Virginia Beach,Virginia as Instrument Number 202307000103, the "POINT OF BEGINNING"and running along said shared boundary line S 511 39' 33" W, 205.00 feet to a point; thence N 38° 20' 27"W, 125 feet to a point; thence N 51' 39' 34" E, 76 feet to a point; thence N 38' 20' 22"w,16.68 feet to a point; thence in a northwesterly direction along a curve with a radius of 100' a distance of 39.32 feet; thence continuing in a northwesterly direction along a curve with a radius of 100° a distance of 55.85 feet to a point; thence in a northwesterly direction along a curve with a radius of 100° a distance of 12.77 feet to a point; thence S 79°48' 53"W, 30.21 feet to a point, thence N 18° 11' 07"W, 143.89 feet to a point on the southern right of way line of Millwood Drive; thence N 82° 21' 24" E, 4.74 feet to a point; thence along the Millwood Drive right of way line in a northeasterly direction along the arc of a curve with a radius of 226.96° a distance of 50.29 feet to a point; thence continuing along the said right of way line in a southeasterly direction along the arc of a curve with a radius of 241.32° a distance of 22.94 feet to a point; thence continuing along said right of way line in a southeasterly direction along the arc of a curve with a radius of 241.32°a distance of 66.60 feet to a point; thence N 82° 41' 50" E,23.05 feet to the point of intersection of the southern right of way line of Millwood Drive and the southwestern right of way line of N.Great Neck Road;thence following said right of way line of N. Great Neck Road S 38° 20'27" E, 277.29 feet to the pin set at the Point of Beginning. GPIN: PARCEL A-PART OF 2408-09-9309 H:\AM\~Conditional Rezoning\~BHC LLC\1.341 Acre R-20 Proffer Agreement—final 2-20.2024.docx 7 BHC, LLC,a Virginia limited liability company DAVID E.GANGWER and DAVID G.CARNEY,TRUSTEES OF WYCLIFFE PRESBYTERIAN CHURCH TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH,a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 5th day of December, 2023, by and between BHC, LLC, a Virginia limited liability company, party of the first part, Grantor; DAVID E. GANGWER and DAVID G. CARNEY,TRUSTEES OF WYCLIFFE PRESBYTERIAN CHURCH,party of the second part, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia,party of the third part, Grantee. WITNESSETH: WHEREAS, the parry of the second part is the owner of property located in District 8 of the City of Virginia Beach containing approximately 2.538 acres which is more particularly described as "PARCEL A" on Exhibit "A" attached hereto and incorporated herein by this reference,which PARCEL A is herein referred to as the"Property";and WHEREAS,the party of the first part,as contract purchaser of the Property,has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach,Virginia, by petition addressed to the Grantee so as to change the Zoning Classification of the Property from R-10 Residential District to Conditional 0-1 Office District;and WHEREAS,the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation;and WHEREAS, the Grantors acknowledge that the 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 GPIN: PARCEL A Part of 2408-09-9309 Prepared by: R.Edward Bourdon,Jr.,Esquire VSB#22160 Sykes,Bourdon,Ahern&bevy,P.C. 4429 Bonney Road,Suite 500 Virginia Beach,Virginia 23462 are not generally applicable to land similarly zoned are needed to cope with the situation to which the Grantors'rezoning application gives rise; and WHEREAS,the Grantors have voluntarily proffered,in writing, in advance of and prior to the public hearing before the Grantee,as a part of the proposed amendment to the Zoning Map, in addition to the regulations provided for the Office District by the existing overall Zoning Ordinance, 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 Zoning Map relative and applicable to the Property,which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantors, for themselves, their successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro -quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development,operation,and use of the Property and hereby covenant and agree that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantors,their successors,personal representatives,assigns,grantees,and other successors in interest or title: 1. When the Property is subdivided and developed, it shall have the widened and improved, privately maintained shared entrance from Millwood Road, freestanding, externally illuminated monument style sign, landscape buffers and existing parking lot substantially as depicted and described on the exhibits entitled, "REZONING PLAN FOR WYCLIFFE EXCESS PROPERTY GPIN: 2408-09-9309 VIRGINIA BEACH, VIRGINIA", dated December 4, 2023, prepared by Gaddy Engineering Services,and "Freestanding Sign Rendering For Parcel A"dated December 4, 2023,copies of which have been exhibited to the Virginia Beach City Council are on file with the Virginia Beach Department of Planning (the "Rezoning Plan") and are incorporated herein by this reference. 2. The development of the Property shall be restricted to the maintenance, renovation and refurbishment of the existing 3,522 square foot A-Frame Office Building to include up to 500 additional square feet of floor area which will not substantially modify the exterior architectural features and appearance of the existing building. 2 3. The only types of uses which shall be permitted in the building on the Property are as follows: (i) Business offices of advertising, real estate or insurance companies; (ii) Medical, optical and dental offices and clinics; legal, engineering, architectural and similar professional offices, accounting, auditing and bookkeeping services offices; (iii) Offices of miscellaneous business services such as consumer credit reporting agencies, mailing list and stenographic services, business and management consulting services; (iv) Offices of non-profit organizations, such as professional organizations, civic, social and fraternal associations, political organizations, and religious organizations; and (v) Religious uses. 4. When the Property is created by subdivision, the party of the first part shall record a Declaration of Easement creating an Ingress/Egress and Shared Maintenance Agreement for the benefit of the adjoining PARCEL R over and across the portion of "Shared Private Road"which provides access from both the Property and PARCEL R to Millwood Road. 5. Further conditions may be required by the Grantee during detailed Subdivision and/or Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. The above conditions, having been proffered by the Grantors and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance,shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the 3 before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950,as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent,and if not so recorded,said instrument shall be void. The Grantors 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 and restrictions, including the authority(a)to order,in writing,that any noncompliance with such conditions be remedied;and (b) to bring legal action or suit to insure compliance with such conditions,including mandatory or prohibitory injunction,abatement,damages,or other appropriate action,suit,or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator,made pursuant to these provisions, the Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department,and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia,and indexed in the name of the Grantors and the Grantee, 4 WITNESS the following signature and seal: Grantor: BHC, LLC, a Virginia limited liability company By: ' � (SEAL) Steven W. Bishard, Member STATE OF VIRGINIA CITY OF VIRGINIA BEACH,to-wit: The foregoing instrument was acknowledged before me this day of December,2023, by Steven W. Bishard, Member of BHC, LLC, a Virginia limited liability company, Grantor. Notary Public My Commission Expires: Ali R/, 202� Notary Registration Number:) '795-1017 JOSHUA MOTO NOTARY PUBLIC REGISTRATION#7851074 COMMONWEALTH OF VIRGINIA [My COMMISSION EXPIRES 08/31/2027 5 WITNESS the following signature and seal: Grantor: f (SEAL) David E.Gangwer, r ee for Wycliffe Presbyterian Church STATE OF VIRGINIA CITY OF VIRGINIA BEACH,to-wit: a The foregoing instrument was acknowledged before me this 4 day of December,2023, by David E.Gangwer,Trustee of the Wycliffe Presbyterian Church,Grantor. 44 otary Public My Commission Expires: Notary Registration Number: 4 47 7, SKYLER SWINK NOTARY PUBLIC COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES OCT.31,2026 COMMISSION#7789172 6 EXHIBIT "A" "PARCEL A" All that certain piece or parcel of land lying, situate and being in District 8 of the City of Virginia Beach, Virginia, containing 2.538 acres, fronting 80 feet along the south side of Millwood Drive, which property is the western portion of PARCEL B-2-A-1 (Instrument Number 202307000103) and is more particularly described as follows: Beginning at a pin found along the southern right of way line of Millwood Drive at its point intersection with the eastern boundary line of a Pump Station Site owned by the City of Virginia Beach (Deed Book 1387,at Page 603)and from this Point of Beginning running in a southeasterly direction following said right of way line of Millwood Drive along the arc of a curve with a radius of 250.00°, a distance of 80 feet to a point; thence turning and running S 10' 11' 07" E, 143.89 feet to a point; thence N 79° 48' 53" E, 30.21 feet to a point; thence in a southeasterly direction along a curve with a radius of 100.00'a distance of 12.77 feet to a point;thence in a southeasterly direction along a curve with a radius of 100.00' a distance of 55.85 feet to a point; thence in a southeasterly direction along a curve with a radius of 100.000 a distance of 39.32feet to a point; thence S 51' 39' 34" W,76.00 feet to a point; thence S 38' 20' 27" E, a distance of 125 feet to a point along the boundary line between PARCEL B-2-A-1 and PARCEL B-1-A-1 as established by that certain RESUBDIVISION PLAT recorded in the Office of the Clerk of the Circuit Court of the City of Virginia Beach, Virginia as Instrument Number 202307000103; thence proceeding upon said shared boundary line S 51' 39' 33"W, 361.76 feet to a pin; thence N 41' 05' 18"W, 250.269 feet to a pin; thence N 51' 39' 33" E, 312.76 feet to a pin; thence N 38' 20' 27"W, 110.00 feet to a pin; thence N 51' 39' 33" E, 50 feet to a pin; thence N 30' 20' 27" W, 36.54 feet to a pin at the POINT OF BEGINNING. GPIN: PARCEL A- PART OF 2408-09-9309 H:\AM\"'Conditional Rezoning\-BHC LLC\2.538 Acre 0-1 Proffer Agreement.docx 7 Virginia Beach Planning Commission March 13, 2024, Public Meeting Agenda Items # 5-9 Wycliffe Presbyterian Church & BHC, LLC RECOMMENDED FOR DENIAL Madam Clerk: The next item on the agenda, is agenda items number five through nine. Wycliffe Presbyterian Church, and BHC, LLC for a modification of conditions for Conditional Rezoning R-10 Residential to Conditional 0-1 Office, and R-10 Residential to Conditional R-10, and Subdivision Variants of Section 4.413 of the Subdivision Regulations for Parcel A, Section 4.413 of the Subdivision Regulations for Lot 5 at 1445 North Great Neck Road, and 2307 Millwood in District 8. Ms. Cuellar: Thank you. Mr. Bourdon: Madam Chair, I've provided the clerk with handouts that I would like you all to each have prior to beginning the presentation. I'd like for you all to have the handouts before we start the presentation. Madam Chair, we've got two speakers who I will call up after I make the presentation, who are pastor, and member of the church, who will also be speaking, but not for 10 minutes, promise. One of the handouts is just to highlight a copy of the 0-1 zoning district, and the legislative intent, and then the heavier one are a series of examples of office and commercial use located as is stated on the cover sheet and, it's not an exhaustive list either of offices and commercial uses in neighborhoods and at the entrances, sharing entrances with residential neighborhoods. For the record, my name is Eddie Bourdon. I'm a Virginia Beach attorney, and I'm here today represent Wycliffe Presbyterian Church. I represent along with the Bishard Companies on this application today involving this 3.9 acre property. Existing property owned by Wycliffe Presbyterian Church, which is zoned Unconditional R-10 Residential District. In August of 1966, the third year, our City of Virginia Beach existed, the church sought and received a use permit for religious use from the new City Council on what were then its three contiguous parcels on a two lane Great Neck Road containing over 8.5 acres of land. That use permit did not contain any conditions attached to it whatsoever, and it wasn't even called a religious use permit, just a use permit, but it was for religious use. In July of 1973, the City purchased the Wycliffe, from Wycliffe 2000 square feet fronting on Millwood Road, a parcel it carved out for the church from the church for its use. There were no church facilities on that 2,000 square foot parcel nor any conditions contained that required any use permit to be modified and none was. The property was zoned RS- 3, IRS, which were 10,000 square foot lots at that time, but they didn't buy it to build a house on it, the City didn't. In January of 1976, the City acquired by condemnation, a drainage easement across the northeastern portion of the Wycliffe property as part of the widening of Great Neck Road to six lanes. Through that stormwater transmission pipe on the Wycliffe property, public stormwater from Great Neck Road is collected over 48 acres of developed property, and is to the north, and the east, and the south, and is dumped through that pipe, into the pond on the church's property. You all heard about that, some of it, what I've said this morning in the informal session. A 76% of the stormwater that is draining into that pond, is public water coming from offsite? A 24% is coming from the Wycliffe's property and an office building directly to the south that drains through the Wycliffe's property. The pond, I contend, does serve a purpose because there's a lot of property in that 48 acres. Not the majority anymore because a lot of it's redeveloped, but a lot of property that was developed before there were any stormwater regulations whatsoever. So, I do contend, although I'm not going to stand here, and we're not going to get into a big argument about I heard what L. J. Hanson said this morning, and said about the weir and things of that nature, but I do think while there probably is tons of capacity in the larger lake the City owns, I would suggest that this lake or pond is in fact providing some stormwater benefits to the City, and not just to the church or to the property that we are here to talk about today. In 1988, Friends of Infant Stimulus, Inc. applied for and was granted a conditional use permit on Wycliffe's Northern Parcel for a childcare education center, which approved two additions to the A-frame building. One that was built, one that never was, and for the use of that building as a child care education center. The sanctuary, that was once in the chapel. The chapel was once a sanctuary. The new sanctuary was built in 1984 and this former small chapel had no longer any utilization needed by Wycliffe. In 1990, the child care education center opened, and operated until September of 2021. That property has not been used for religious purpose since 1990. The church has ministered and operated on the southernmost parcel of its property containing 4.123 acres of land under its 1966 use permit with no conditions. Any modification to that use permit was made one time in 2000 to construct a 4,000 square foot addition for classrooms, and office adjacent to the sanctuary. There is no required church parking nor building which has been utilized for religious use on this excess 3.9 acre parcel upon which there is a CUP for a child care education center granted in 1988, and operated until 2021 for which the only condition attached was for stormwater management. Now, this morning, Marchelle Coleman and Caitlyn Alcock did a wonderful job of explaining the application in terms of the different aspects of it, but after what has transpired previously the church and the Bishard's have come up with a way to make sure that pond that is cherished by a number of people remains as it is, and to make it very clear, these proffers make it clear that you cannot fill it without going through the same process, you can't alter it significantly without going through this process, only a significant alteration would be to fill it, and the taking unconditional R-10 zoning, and zoning it conditional R-10 means you what you see is what you get, and not some other configuration or different way to develop the property by-right under the R-10 zoning that exists on this property today. Now, the subdivision variances the one on parcel A, the parcel that's proposed to be conditionally rezoned to 0-1, that subdivision variance will not, we're going to ask that it be approved today, but we already have a letter from Dominion Power. The only reason, as Ms. Alcock and Ms. Coleman explained, the only reason that's on here is that way back in the 60s, the, the church gave Virginia Power a 30-foot easement across their property, which really just serves the church, and they have agreed to reduce that width to 15 feet, and also the line will be buried, so that there will no longer be an overhead line, but we've got to get the I's dotted and the T's crossed, but we're 99.9% certain that, by the time we get to Council, this variance for Parcel A for the subdivision variance will not be necessary. The other subdivision variances, again, just so we can get utilities into Lot 5 from Great Neck Road, and it's a common practice, and it's, you know, been something that's been, I've done it many times over the years in similar circumstances, as have others. The 0- 1 zoning district, I provided you all with a handout that's, and I'll quote from it, the 0-1 office district was set up to provide an environment appropriate to offices compatible with residential uses that may adjoin it. It's the least dense or least problematic type of offices, and we have proffered a very limited list from the list that is allowed, including no conditional use options as well. The church attempted to listen to what some of the complaints were, and we're keeping the building, the additional 500 square feet is pretty much what was approved, could have been, and could have been built back in 1990, but that's not to say that it would have been at the other end of the A frame, but the intent is to be in a position to possibly create an entrance to the building that might be more effective than what exists there today, but not to take the building down, not to build 500 square feet, you're not going to build much in anyway in 500 square feet. This is the handout that I provided you. I hope you'll take a look at that. There are a series of examples, including one that a gap wedge from the church's property would hit right down the street to the south. There's also Kenstock, the entrance to Kenstock, the Lynnhaven Colony examples, Little Neck examples. Holly Road example across the residential street from, Extremely expensive homes that are perfectly fine in a neighborhood, and none of them are on the property that this is on with the amount of open area on this property, that's a 2 point some odd acre parcel. It just, it's anyway, it's a very, it's a keeping things away. They've always been and that's what I listened to from the opposition, and you all listened to from the opposition previously. So all these do need to be voted on together because it's a package deal to try to again make sure that the lake doesn't get filled and to keep the A frame as it is, and that's the purpose why we're here. I think staffs recommendation is appropriate. It should be approved in my opinion. I don't know of any legitimate reason why it shouldn't be, and I'll be happy to answer any questions. Ms. Cuellar: Are there any questions from the commissioners for Mr. Bourdon? Mr. Bourdon: Okay. I'd like to have David Gangwer come up and followed by Pastor. Ms. Cuellar: Could you please state your name for the record? Mr. Gangwer: I am David Gangwer, one of the trustees of Wycliffe's Presbyterian. Madam Chair, Mr. Vice-Chair, Commissioners, as a trustee, I represent the entire congregation, and the Presbyterian Church, we have what we refer to as submittal to the brethren, the majority rules. The vote was taken, and what, regardless of my personal view, I'm before you to represent the church, and I've been a member there for the past 30 of the past 60 years that the church has been in existence, raised my children there, and you may know me better as the zip tie man, those who looked at the property, and saw the signs and complaints that they may not have been up. Well, I got the Costco size bag of zip ties, and put extra stakes down so that the community would be informed. The sad truth is the church is a business. We'd all like to think that we just go to church, put our money in the plate, go home, God's going to take care of us. But in the whole world, this claim was staked 60 years ago when Great Neck Road was a bucolic rolling, maybe not so rolling two lane road. Now we look at it. In our inflationary times,this is all pre COVID, in 2018, the church's board looked at all the assets they had, looked at the vision and mission that we had for the church, and realized this stuff doesn't come free. So, of the assets that we have, in a declining membership base where some elder, big givers were passing away, unfortunately, we knew that for the viability of the church, something had to happen. So in our resources, we have this huge claim that was staked 60 years ago. All we ask is that the City unencumber us so that we can take some of that asset. We still want to be the bright shining light in the Great Neck Corridor, but it takes money. There are half-truths and innuendos out there that this is about greed and about things that simply aren't true. I'm not a Facebook guy, so I can't address them specifically, but I can share with you, as the trustee, that we need your help. And to that end, my wife is on a bigger area, Tidewater Area Committee of the Presbyterian Church. This afternoon, she's signing on the papers of a church closure. Wycliffe is not going to be that church, but we need your help in taking up the slack from those churches who are folding and whose properties are being cashiered. Thank you very much. Ms. Cuellar: Before you leave, are there any questions from the commissioners? Thank you very much for being here. Pastor Bug: Good afternoon. I am the Reverend Dr. Garrett Bug. It is my pleasure to speak with you today. I've been at Wycliffe Presbyterian Church since about 2013, so I'm fairly new to Virginia Beach. But in that time, there have been a lot of changes, both in our church, in this fair city, nationally, and globally. One of the things that has not changed is the good work of ministry that has been going on for over 60 years at Wycliffe Presbyterian Church. It began as a mission congregation in 1963, and met at John B. Dye School. In 1966, one of our charter members discovered a property for sale at 1445 North Great Neck Road, and petitioned the Presbytery of Norfolk to assist in purchasing the property. That property was chosen because of its size, Wycliffe could grow on that property, and Wycliffe did grow. When I came to Wycliffe, I looked out over a congregation whose average age pushed 80. 1 think it was about 78. Over these past years, we have lowered that average age to about 67. Also in those 10 years, about 70 members of our congregation have died. The story is not uncommon to you, if you are part of a religious institution, and as trustee Gangwer just said, we at Wycliffe have no desire to become a statistic. Through our commitment to the mission of making disciples for Jesus Christ, we have brought in, over these past 10 and a half years or so, 75 new members, crossing the threshold to net growth. We accomplished this with one full-time pastor, one full-time administrator, and one congregation of dedicated people, but we have come now to this point today, because we intend to continue our mission for Christ into the future. We love people. We love our planet. We love our neighbors. We are not a church that looks so longingly to the past that we can't plan, and think about the future. We recognize that if we are going to strengthen our ministry for the future, we would need to fund additional staff. To make our ministries more robust, and to that end, we've hired an associate pastor. We also recognize that more time and energy was being required to maintain the northern part of our property, which we have not made excellent and frequent use of as a church since about 1990. In addition, the church has a particular liability with the stormwater retention facility, Lake Conrad 11. In these past few years, we've recognized that our church property was also being used apparently very frequently by our neighbors, which is great. We want to be a good neighbor. At least it was great, until it became seen as an entitlement, and not a kindness. I am a pastor, and I minister both to the members of our church, the majority who voted to proceed with this sale in October of 2021, and with those who did not vote to proceed with the sale. I minister to those church members who live in the Great Neck Estates community to our north. Some of whom, again, are in favor, and some of whom are not. But the church is hopeful that today, you will vote in favor of this application, and to all of us engaging in this civic process, I leave these words of Paul, "Love one another with mutual affection, outdo one another in showing honor, contribute to the needs of the Saints, extend hospitality to strangers. Bless those who persecute you. Bless and do not curse. Rejoice with those who rejoice. Weep with those who weep. Live in harmony with one another, if it is possible, so far as it depends on you. Live peaceably with all." Thank you. Ms. Cuellar: Thank you, Pastor Bug. Commissioners, any questions for him? Thank you, and thank you for the work that you're doing in our community. Madam Clerk, are there any speakers for this item? Madam Clerk: Yeah, we have quite a few. I'm going to start with Derek Copeland, followed by Kim Johnson. Ms. Cuellar: Madam Speaker, how many speakers do we have signed up? Madam Clerk: I believe it's 9 or 10. Ms. Cuellar: Thank you very much. Mr. Sully: Hello, I'm Ryan Sully. I asked Derek if I can hop in there first. Derek is a great guy, and he's awesome with facts and statistics. I'm going to ask you guys to hear me from a slightly different approach possibly, but Derek is also part of our community, Great Neck Estates, as am 1. First off, I'm Ryan Sully. I am part of the Great Neck Lakes Association, which represents 100 homes that back up to Great Neck Lake, which is called Conrad 3, as well as Conrad 1 and 2. Conrad 2 is the one that you all decided to vote against, and not have filled in, which I'm going to get to that huge thank you there in a moment. I have been Great Neck Lakes Association President for the past 3.5 years, since we first got wind of the Bishard project with Wycliffe, and I live on Millwood Road which is the proposed area where the new development is going to be right there at the neighborhood entrance. I have to say that we as a community of the Lakes Association, and myself as living on the street, we have many, many, many concerns. Church, Reverend Bug, we understand that churches go through hardships, and we're never against that, and we're just here to show you guys that we also care about our community, and what our community is turning to. Showing the love for the neighborhood would be defined another way, I believe, and if selling this property, I have to ask, is that going to be the long-term solution or is that just going to be a short-term band aid for the good of the church. We want to be with the church in this decision, but we can't see our neighborhood get turned into something that we did not originally sign up for. Eddie, I loved hearing you say, and speak the words today that the Lake Conrad 2 does serve a purpose because we're here a year ago in August wanting to fill in that very Lake, and then it didn't serve a purpose, or was spoken. In everything that Eddie said, I understand that the 76% runoff is coming from the other side of Great Neck Road, and 24% from the Wycliffe property, but we're trending in the wrong direction. We keep on, you know, saying, oh, it's only a little bit of land, and it's only a little bit more runoff and it's, you know, we keep on trending in the wrong way. Like, when is it gonna stop? I think by a show of people that are here today in opposition of this development, I would like you guys just to stand up for a moment. Please stand up. Thank you, and I'm not sure if everybody here is signed up to speak, but you could see that an overwhelming amount of people in this courtroom today are here because they care. If they do decide to speak, you'll hear their heartfelt stories about why we don't want this change to go through. So let me backtrack up to the up to the top again — Ms. Cuellar: You have three minutes and the red light. Mr. Sully: I'm sorry, I thought I was told, I had 10. Ms. Cuellar: I just take clarification with the clerk, If I may. Madam Clerk: He didn't specify that he was representing a group when signing up. Mr. Sully: Yeah, it's a Great Neck Estates. Ms. Cuellar: You have seven more minutes. Mr. Sully: Okay, thank you so much. Ms. Cuellar: Thank you. I just wanted clarification with the buttons. Mr. Sully: But like I said, we do have our concerns. Like our concern as a Lake Association President, and how it's going to affect the lake. I have concerns as an individual. Just obviously, I'm not one for change in myself. To be honest, I just don't want to see five homes built, you know. All of those aside the deeper concern, is what the hardest I think, as we're promised that this would, you know, be a religious use permit when it first came in to the neighborhood, and that was be rezoned for residential, and now it is being asked to be rezoned for office. Again, I ask where does this stop, and I know that we have been told, and is it going to remain exact— once it rezoned for office, when is the next step going to be taken for this three story possible office building gonna be built where people are coming all the time. It's just in the progression of things. This is where things are trending, and I know we've been promised otherwise, but again, you see where I'm going with this. Back in August, I never got the chance to see you guys again for voting in our favor. So, thank you for listening to us on that day, on August 9th. It was the most empowering moment, I've ever been a part of as a community member. To come down here and you know, we're all nervous and we're just common folk. I'm a school teacher, took off one of my wellness days for today, just to kind of be here. And, you know, to have this voice heard, I just, I never thought it was possible. So the fact that we're even here again today, I'm truly appreciative to all you guys, and for being able to just hear what we're having to say and taking the time and the patience to hear us. Thank you for that. When we moved in, I was, it was just me and my wife, and now I have a five-year-old Braylon, and now I have a two-year-old Collins, and that brings me to my next point about this office rezoning. Once you're a parent, there's nothing that's going to stop you from speaking up for your kids. As I see them playing in our yard, as they get older, they're learning to ride their bikes down the street. It brings me great fear and makes me very upset, that somebody with the conscious to put in an office building in our neighborhood could be allowed. We all know that the type of offices being allotted, you know, are smaller, but still there's dentists appointments. There's office doctors' visits. These are the potential of things that are to come, and to think about my child entering that intersection of that area is just heartbreaking. There's a lot of facts out there about the flooding issues, the runoff, the nutrient pollution that's going to be added to the lake, impermeable surfaces going up. Yes, those are terrible things for the environment, and terrible things to the lake, but there is no doubt that I speak on behalf of every father in that neighborhood, and maybe every father in this community, that if you let one extra car come down there speeding, recklessly driving, missing the turn, whatever it is, we don't want one extra let alone, 50-100, whatever the potential could be, I don't think there's anybody would disagree with they don't want that to happen, and when you move into a neighborhood that does not have office zoning, and then you create office zoning, there's just something not right about that. I hope you guys can see that point. So if you guys can please just hear us out today, and hear some of the facts, and the issues, and the concerns that our neighbors have, we would truly appreciate that. We thank you for your time today. Ms. Cuellar: Thank you, Mr. Sully. Are there any questions? The next speaker. Madam Clerk: Derek Copeland followed by Kim Johnson. Mr. Copeland: Hi, thank you for hearing us speak today. My name is Derek Copeland. I'm the President of the Great Neck Civic League, and today I want to speak on behalf of the voice of the members of our community of Great Neck Estates. I've spoken with many of them, and kind of they can't all be here today. You're going to hear from those that have made it. They're going to have a lot of information to share, facts, concerns, and I hope that you just take a moment to listen to what all they have to say. But I want to keep it simple today and what we're focused on. We're here for a civic discussion, you know, and that just means that everyone, everyone can speak their concerns, if there's difference of opinions, and a vote has to be made at the end of the day, or recommendation has been made at the end of the day. That is great, and I applaud that. We, you know, we have the ability to do that, and the ability to build homes on the church's land that they want to sell is by-right of what it's stated in the law, it's by-right, and while there's a lot of concern on that development of what that means to the flood mitigation system, what that means to the community at-large, and flooding concerns is always a major issue. I think there's a lot of opposition that we've had for what does that mean previously wanting to fill in the lake. I want to focus on what I believe is the most important topic here today that's in this vote, and that is the rezoning to 0-1 office space. That is something that is the target of this discussion. It cannot happen in a suburban area or community where we've moved there to have a quiet neighborhood. There's plenty of workspace in the City of Virginia Beach to go to work, where there's traffic, where there's office. This is a neighborhood. This is where we go to live when we get off of work, where we go to have community events, and neighborhood working with each other, and getting to know each other. This is our home. This isn't a business decision for us. This isn't a, you know, I could make money. If this doesn't work out, I can go somewhere else to the next investment. This is our home. The decision that you make today to recommend, or not recommend will affect us the rest of our lives. The only choice we have is to move. If we don't like the end result of what office space could do to this community. We are told that the office space will result in minimal changes. We're told that the office space has conditions set on it to reduce what kind of offices, and businesses run out of there, but there are no promises that anyone can guarantee in the future. For the developer, when this is done, they move on. For us? When the decision is done, and things do go in the wrong direction, we don't get to go anywhere. We will continue to have to work with that impact, and how it affects our community, our neighborhoods, our streets. There is, I'm sure you've seen some of the information. This is the projected flyer image of what they want to do to the neighborhood to build 5 homes. On here, there's a picture of at the entrance to the new road for the development of the office space and homes, there's a sign that's going to be put there. It is a 5 feet tall, 8 feet wide sign. I'm 6 feet tall, so we're talking about a sign about 5 feet tall, 8 feet foot wide that is going to go inside of our neighborhood community. Now, most children, they're under 4 feet. So you are putting a 5 feet tall, 8 feet wide sign that is going to be something that a child standing behind could be unseen by oncoming traffic. We're talking about children here that, you know, may not have the best decision making skills. So does that mean that, "Hey, I'm sorry, neighborhood, we just don't let your kids go play over there." I know it's our community. I know it's our neighborhood, our home, but that's a dangerous area. Not only is there oncoming potential traffic that we can't foresee, dentists appointments running late to their appointment. I know that for me, I'm not the best with time management when it comes to my dentist appointments. I might be running late. I might be distracted. I might miss a turn following Google, and if I miss it, where am I going? I'm going further down into the neighborhood community to make a U-turn in someone's driveway. This is our major concern. We do have a vote within our community, within our civic league. We unanimously voted that we oppose the use of office space being added into our entrance. Yes, we have concerns of five homes being built, and what that means and what that does to open space. That's what we're here today to voice differences of opinions. Yes, we, you know, we would like to see that be used for other purposes. But no, you cannot ask us to say office space is okay. It was stated before that, well, we came to you with an alternative. What if we filled in the Lake, and built 10 homes? You didn't like that. So you like nothing because we've given you a second option, which is slightly less bad than the first. Filling in an entire lake, Lake Conrad 2 is not good, and it wasn't recommended, and here the alternative of replanting a new option is to, well, let's put office space there instead. We're told that we're not being very, we're one-sided. We're just saying no to everything. We're not. We have not been presented with an option that actually outreaches what would benefit the neighborhood. We're told this is a neighborhood community, and that the church, the developers want to partner with us. All I've heard is what they want to do and how do you feel about it, and if you didn't like our first option, well, here's our second. If you don't like our second option, you must like nothing. That is not true, but we have unanimously agreed that we do not want to see office space in our neighborhood going through our neighborhood. Is there an option to, you know, has the developer presented an option to build a road off of Great Neck to office space? I don't know. I just know that the current proposed plan is what we're primarily here focused on. You're going to hear a lot of other information today from my neighborhood community members, from my friends, and that are in the neighborhood, but I'm speaking on behalf of the vote, and the community at-large who unanimously said we cannot see office spaces through our neighborhood. Thank you very much. Ms. Cuellar: Thank you. Any questions? Thank you very much Mr. Copeland. Madam Clerk: Kim Johnson, followed by James Turner Allen. Ms. Johnson:Hello. Good afternoon. I'm Kim Johnson. I do not live in the Great Neck Corridor. The last time that we spoke with one another, we talked about common sense. We talked about the differences between the two plans. We talked about the need for establishing codes, and laws, and things and following that. We also talked about codes are different than morals and values. We talked about that you are volunteers, and that you put your heart and soul into what you're doing as are the applicants, and that we want to make things fair for all whenever possible. We want to be sure that we have a community that's connected. We want to be sure that we have a community that follows the current plan. We want to do what our consciences tell us is right. Many people often act out of fear. Fear is not a good place to act. Fear hurts others. So let's be brave. This is our country, and it's the home of the brave, and we need to make very difficult decisions sometimes that affect lives deeply, and for future generations. If you serve on this board because you care about future generations, the City of Virginia Beach, the connectedness of the community, and are here, and I'm going to paraphrase, for what the Planning Commission stands for, to protect its citizens, for the health, the safety, and the welfare, then you need to vote no today. You are not going to be sued because you vote. No, you are making a recommendation to City Council. Governments, they do the best they can, and you're a portion of that. We all are, and here I am. I think it was what Thomas Paine said, correct me if I'm wrong, that it's the duty of a patriot to protect its citizens against government. So if there's some law or some code that was written and it says, "Hey, don't do this," but it omits something instead of being artificial intelligence, and just looking at this is the code. We need to take a look at, how do we implement a better code, and how do we create solutions in the future? So let's create a solution and I'll get to that in a second. That's what didn't get done. That's why you need to go back to the drawing board. That's why we all need to do better, better for our communities. All right, so what we have here is a situation where you got to vote, you got to vote today, and you're going to impact a lot of lives and you need to think about what your legacy is going to be on this committee. Did you vote against a lot of current rules and regulations that are going to get sidestepped in order to put a residential section. I'm a realtor, I'm not representing HRRA today, but I do stand on the professional committee, and I'm going to say. Here, you want facts? I have never seen a fact where somebody's searching for a place that's going to flood or has a high flood potential. I have never seen a situation, very respectfully, that anybody says, I want to live. One of the main criteria for me is that I want to make sure my family lives where there's a commercial zone right in the middle of it, and my kids can play, and I want to be sure that people are not harmed. Ms. Cuellar: Ms. Johnson, we need to be fair to everyone. It's three minutes for each speaker unless you're representing a league. Thank you. Madam Clerk: James Turner Allen, followed by Susie Rice. Mr. Allen: Honorable Planning Commission, my name is James Turner Allen. I've stood before you guys once before, and I have basically the same thing that I would like to say, and hopefully that you'll listen. I've lived in the Great Neck Estates community for 39 years. Our community is an old community. It came with some issues. Since development, we have drainage issues. We still have them. We had serious draining issues just the other day at my driveway, and many others in my community. We had two, a couple of feet of water standing there. The kids used to call it the Allen's Pond, but we love our community. Some of the houses, most of them are built on larger lots. We have a little bit of, you know, we have a little bit of privacy. We kind of like that. So it's not a bad community. We love it. Even with the issues that we have to deal with, we have smaller streets, but the people in the community can walk their kids. They can walk their dogs without getting run over. They can isolate some of them, let the kids ride their bikes alone through our community without being afraid of them. Getting run over by somebody at this point. Now, we are facing development and zoning issues, and we've talked about here, I'm -- I'm telling we've talked about it before, and everybody has pretty much the same feeling about their community, we like ours. As a matter of fact when I first moved into the community I thought Wycliffe Church was a beautiful place, and my God, we got a church right here in the community, and I can put on my suit, in walking distance, I can put on my suit and walk up to the church, but I tell you what, guys, I walked up, I put on my suit and walked up to your church one day, and somebody told me that the sermon had already started, and I didn't get in, so I walked back to my house, back in Great Neck States, and I put off my suit, and I started working in my yard. My tithes and offerings go to somebody else. Yeah, it's a financial thing. All right, but it's also a place where somebody should be able to go and sit. I can also do the same thing underneath the tree and communicate with God. I just thought I'd throw it out to you, and not one single time has anybody from that church come through, invited anybody that I know to join your congregation. I just thought I'd throw that out. We need your support. Especially in the zoning area, and we look forward to you guys looking into it with open eyes and just giving us a little nod. Ms. Cuellar: Thank you, Mr. Allen. Madam Clerk: Susie Rice, followed by Jenny Pesaris. Ms. Rice: Thank you for having us as part of your agenda today. My name is Sue Rice. I live in Great Neck Estates, where I have been for 40 years. I first taught school at Thalia Elementary in 1962, when this was a county. I have seen things, a lot of things, and most of them have been pretty good. We have a great city, a place where people would really like to live. I do have more to add to that though. It is with profound sadness that an organization that serves the worship needs of its community required resources. That, in my understanding, would eventually be provided to them, without this massive energy, emotional impact, and time consuming effort on all sides. The current proposed solution will heavily impact Lake Conrad 1 and 3, and I live only four houses from the church whose surrounding communities have in the past 30 years heavily invested financially, energetically, and physically in their maintenance without any support from the City of Virginia Beach, other than cleaning up two fish kills, threatening several neighbors with severe fines for existing growth, which, by the way, was withdrawn by the city once they realized what had happened, and sloppily repairing the existing dam, to the Lynnhaven River. Furthermore, the proposed sites will further add to an already dangerous intersection where constant U-turns are required to reach Wycliffe Church, and businesses along the West Corridor of North Great Neck Road. Construction and possible removal of trees will further impact the existing environment, and also reduce the protection we have from the sound of that road, add to stormwater removal concerns, and at least add to existing traffic woes. It is time for the City to reconsider the appropriate use of the property that we have in question. Resources are there, if our city thoroughly invested in the option to buy and maintain the property in question as an open natural space and educational park for the adjoining communities as well as for Wycliffe Church. The existing structure was for years used by the city. So, it is not a stranger in this process. I also understand that grant funding is available for a massive park on an existing city golf course, and perhaps a portion could be made available to the smaller projects. Grants can be altered. Thank you for your attention. Madam Clerk: Jenny Pesaris, followed by Wendy Crutchfield. Ms. Pesaris: Hello. I'm a teacher too. I just brought y'all a whole bunch of literature and facts. So, and I took off this afternoon. I didn't use my wellness day. But that's okay, because I'm a volunteer too, and I've been working hard since last June, I believe it was, all summer, and we are trying to get across the point that we understand. First of all, let me say, I represent almost 9,000 signatures, petitions online, and I've emailed that to you. I emailed you a whole bunch of stuff last night. Some comments off the next door. I emailed you pictures of current pollution in there because it's coming in from the road. So, you can imagine if this house is there, it's going to be even more, okay? So, today, we understand that the church has a right to sell the property, but they haven't, you know, and they have a need, apparently. I will get to that in a minute, but what we don't want is houses put it there to impact the stormwater. I brought you an article from the EPA, and a nice little graphic on the back that shows exactly what houses, what the rainwater does when it hits the houses, okay? We do have Lake Conrad 2, which basically acts as a filter for Lake Conrad 1, which flows into Lynnhaven River, and then on to the Chesapeake Bay. Okay, so that's a very important part, and I'm very glad y'all voted last time not to fill it in. So the next thing I'm gonna get to is I gave you traffic reports. You were told this morning that we have one traffic accident a year on Great Neck Road, sorry, no, 2023 a 130 incidents on Great Neck Road. Now were they all down near Wycliffe? No, but they were definitely down towards, oh gosh, now I can't remember the name of it, but you'll see it here. So I gave you a whole list, there's like four pages, traffic incidents. Then 2024, we've already had seven. Now those are more closer to Wycliffe. Okay. Plus we've had two deaths. One at Cox High School, and I don't remember exactly, I think the other one was down there too. People speed in the Great Neck Corridor. I'm happy to see more police out there. Give tickets. But anyway I'm transgressing, oops, okay, I also want to make let you know that the Wycliffe Church is a landmark. They are the beginning of the Great Neck Corridor. That green space, itjust catches your eye when you're driving by, and then you see the church, and it's always been there. Those trees are 100 years old. I've been here for 50 and they were as big. I know I've got nine seconds. Last thing, I want to show you is I did my son is a realtor, and I know that the coastal type homes that Bishard wants to build do not match the red brick that's all along Great Neck Road. I think they should go in coastal areas, not in the front of an old traditional brick one story neighborhood. Not to mention the safety problems, the traffic is going to be horrendous. So here's another one on the code and ordinances too. Ms. Cuellar: Thank you so much. Madam Clerk: Wendy Crutchfield, followed by Julia M. Cherry. Ms. Crutchfield: Hello, I'm Wendy Crutchfield, a resident. I want to thank you for receiving my lengthy letter about spot zoning, and thank you to those who have gone to the property and heard from residents. Last week, the developers and church met with a small group of us to show their new plan, carving out a business lot out of a residential lot within a neighborhood completely surrounded by housing lots. They shared that there is going to be additional runoff from their recently redesigned housing development into Lake Conrad. The exact word, is that there will be more water associated with this than comes off the property as grass today, and described precisely the body of water will go into Lake Conrad to an asset of the City's stormwater management facilities. I thought that wasn't allowed today. The planning department concurred that there are no BMP requirements for the housing development for drainage into the lake, since it will be a separately owned property under this new carved out design. We also know there is no water filtration system, which the developer told the community he would provide back in February 2023 under his previous design plan. Public Works verified that this week, one was promised to the lake residents by the city back in 2019 before the shooting, funded by state and federal sources, but suddenly it isn't needed. In this new and rushed redesign, there is only a 10 feet vegetative buffer between the top of the lake, and the new private road that will run alongside it. This is less than half the minimum standard of 25 feet provided by the State of Virginia for wet pond buffers. Their new private road basically skims the top of the lake's bank. Why not move it farther away? Why on earth would we lower State standards in Virginia Beach after the flood referendum? Today you heard the state defines this as a wet pond, but the city doesn't. Again, why lower standards? So as you're hearing, we're getting more water, more pollution because of this project and lower standards. But why? There is no need for additional office space in this area. R-10 zoning is already allowed for child care, elder care, community centers, and nonprofits. There is no need to rezone if these uses are actually the intent. The developer said last week that he has every intention of maximizing the market value of his new business park. We fully expect a proper change in the near future. The time to resolve all the concern is now before any zoning change. They need to go back, and address the many concerns of the residents in this valuable ecosystem. The citizens have provided substantial evidence that the community will not be harmed by the proposed new zoning. We feel that as taxpayers who have supported the church to operate tax free for decades, we should have some discernible benefit. All we have right now are a long list of very real, and very measurable detriments. Thank you for your time and attention to this critical decision. Ms. Cuellar: Thank you, Crutchfield. Are there any questions? Madam Clerk: Julia Cherry followed by Lisa Smith. Ms. Cherry: Hi, Commissioners. Thank you for your time. My name is Julia Cherry. I'm a resident of Great Neck Estates, and second vice-president for the Civic League of Great Neck Estates. The traffic issues, I've supplied you with pictures. I hope everybody has the pictures that I sent to you, and have you reviewed them? Because they're very important. They tell a big story. This is the school bus picture that I've provided from, so, I guess it was seven something in the morning. The traffic along Great Neck Road is extremely, extremely dangerous, and busy. The police department has labeled Great Neck Road as an area of concern. They've increased their patrols, and they've been to multiple accidents. Some of them extremely serious. Millwood Road, this is just a picture of a work truck parked where the entrance is. There is no room when you make that turn for any type of error. There's just not enough space. So, I've also included the FOIA records to the City for the traffic accidents. Millwood Road and Harbor Lane are right across from one another. In 2023, there have been four accidents at the front of our entrance. Godfrey Lane is at our other entrance to Great Neck Estates. We have two entrances. Godfrey Lane alone has had six accidents in the last year alone. Great Neck Circle, one accident. I've highlighted on my sheet, everybody's received this, the FOIA police reports. Now, I'm going to go to the application -- the joint application, that was provided by Bishard Homes. This is for the wetland delineation. The address listed on this application is 3207 Millwood Road, how is this accurate? It's not accurate. I don't know how they even passed this through to get where they've gotten so far. That's very frustrating. The applicant has been allowed to come back and redesign based on the original application. That's unfair. I'm going to go to the signs, and I did file a complaint and asked that this be delayed indefinitely just based on the signage. The community is not aware of what is going on because the zoning and variance signs have gone up and down for over a year now, and I just ask you to please, please vote with the information that we've provided with you. It's not safe to add any more traffic to our Millwood Road in Great Neck Estates, and to allow a business in there would be totally against the standards of the City's plans. Ms. Cuellar: Thank you, Ms. Cherry. I appreciate it. Thank you. Madam Clerk: Lisa Smith, followed by Jim Haney. Ms. Smith: Hi, good morning. Thank you for allowing me to speak today, and thank you friends for allowing me to join you. First of all, I'm Lisa Smith. I'm a resident and homeowner since 1989 in the Great Neck area. I do not live. I live in Laurel Cove, which is the neighborhood right next to Great Neck Estates, and I have a number of friends in Great Neck Estates. I have previously presented to City Council, and to you regarding the misinformed name of calling Lake Conrad a pond, which it is not, it is Lake Conrad 1, Lake Conrad 2. It is not a pond. So, I'm not here specifically to talk about the fill in, but we definitely don't want to have that filled in. The specific reason that I'm here is, specifically for the not. Asking you specifically not to have the rezoning of an 0-1 to allow an office building into that neighborhood. There are a number of other concerns that have been brought up related to the traffic, but there are a couple of reasons for that. Number one, there are no, along Great Neck Road from Virginia Beach Boulevard to the bridge toward Shore Drive, there are no buildings, houses, buildings, offices greater than two stories. There are none. The only building that's greater than two stories is Great Neck Middle that is set back hundreds of feet from the road. So, number one, no building taller than. Number two, the other area is related to the zoning of 0-1, you'd be entering in through Millwood, and turning down to that area passing four or five houses that Bishard is looking to plan that is also not something that makes sense in any neighborhood. You're coming into a neighborhood. If they wanted to have an office building, they can do it over enter in through the church parking lot and go into there. There's no reason for that. The three asks that I have are, number one, do not approve the 0-1 zoning to allow for an office building to go into down Millwood Road, and go into that space. Number two, do not allow Lake Conrad to be referred to as a pond. Perform a traffic assessment on both North Great Neck Road, and Millwood, you can put those little traffic counters there, see how much traffic is going in there in and out, and also specifically on Great Neck Road in that area. I think that would prove to see some of the higher volume, particularly if you're going to build those five homes and an office building in that area, you have much increased traffic there. So I ask you for your consideration for the group specifically as it relates to the office building number one, but also from a traffic study. Thank you very much. Ms. Cuellar: Thank you, Ms. Smith. Madam Clerk: Jim Haney, followed by Kim Mayo. Mr. Janey: Good morning, and thank you for the opportunity to speak. My name is Jim Haney. I've been a member at Wycliffe since 1979. They talked about all those people in the 80's that weren't going to make it. I'm one of them. I'm getting close to it. Not the oldest one there, but I'm getting close. I would just like to state two or three things that I consider fact. Number one, the church needs to sell this property. It's our only desire is to sell the property. I don't think the city has kept a church from selling property previously. We need it because we want to be there a long time. I think it's pretty evident that the people who have spoken are against any change. Any change at all? If they had taken the same arguments they made, Great Neck Road would still be a two lane road. We wouldn't have those neighborhoods that are there. So, as far as the A frame building and this zoning, it's part of the process that has to take place for us to be able to sell the property. The city operated a program, a business, the (inaudible) stem out of that building for 20 years. The church, in essence, gave the building to the city. We started with no rent. By the time they left, we were getting $11,00 a year, I think, for utilities for them to run that program. That was as big a business that will ever be in there. So we just ask for your consideration on letting the church move forward, hopefully survive, and have a chance to sell our property without all the problems that we're looking at. Thank you for listening. Ms. Cuellar: Any questions? Thank you, Mr. Haney. Madam Clerk: Kim Mayo via Webex is our last speaker, Madam Chairman. Ms. Mayo: Kim Mayo, I'm a civic leader and speaking for the community at-large. This new submission seems like spot zoning, and is one of the more flawed development efforts I've seen. Please do not remove the CUP, and honor the Land Use decision of 1966. I'm under 50 years old, and a parent, and a member of a Presbyterian church and find this very sad. I grew up in a semi-rural community. We embrace change but not recklessness. This land is made for you and me. Because it's made for us, it's up to us to preserve it. Thank you, community leaders, for all your tireless efforts and passion, and thank you, Planning Council, for your time this afternoon. Ms. Cuellar: Thank you very much. Madam Clerk: That was our last speaker, Madam Chairman. Ms. Cuellar: We now have the applicant to come up and rebut. Mr. Bourdon: Well, appreciate people coming down and expressing their opinions and it's pretty clear to me, and I suspect to most of you, that this is primarily intended to put more pressure on the City to buy this property for a park that they have been advocating for since we were here last, using somewhat different arguments now. Last time, you know, we heard, don't fill the lake. I never said that the church was filling the lake, or in favor of filling the lake. In fact, I said specifically, if there was a drainage easement the City had through the lake, they wouldn't be able to fill the lake. That's exactly what I said, and no plan was presented at that meeting to do anything with this property other than the idea that we have to remove a use permit, which is not zoning on a property that hasn't been used for religious use in over 30 years. It has been used for an office use for over 30 years, and arguably doesn't even have a use permit for religious use anymore. But rather than just try to plow ahead, and build eight houses, and leave the lake alone or as you heard this morning, the lake does not provide -- does not provide any needed storage capacity according to the Public Utilities Director. It probably does provide, I believe it absolutely does provide some quality benefits to the City of Virginia Beach, but Lake Conrad, the big lake, or whatever 2 or 1, that's not man made, or maybe it's man made too, but he clearly acknowledges this was man made. It's not a natural body of water. That lake apparently has enough capacity that, you know, this doesn't have to be there. It could be piped. That's what I heard. Now, the church has never been in favor of doing that, and this gives the best assurance other than an impoundment easement, but even that could be vacated by the City of the lake or the pond, staying a lake or a pond, and that's what the church, and that's what this application provides is that the back two plus acres, would basically stay unchanged. Some of the uses that were proposed when this was moving forward to council of the A frame, which we're not proposing to build a new building, as I heard some people say, that building gets to stay. That's the whole purpose of this, trying to keep the change to a minimum, but there are houses fronting Great Neck Road, in Great Neck Estates, and on the other side of Millwood that have been there since, I was probably about five years old, and to put houses that are better situated that back up to the road like all the other neighborhoods that have been developed in more recent times is exactly the way housing ought to be developed along a six lane thoroughfare, that's what this property is zoned. It's not-- this isn't a rezoning to residential. It's residential R-10. It's going to be, if it's approved, conditional residential R-10. No change in dimensions or anything else, but instead you have a plan that what you see is what you will get, and that's a very nice plan with homes that will be certainly not diminish the value of anybody else's home in Great Neck Estates or Great Neck Manor, by any means, will that be the case. I've provided you all with a ton of examples in some of the nicest neighborhoods, entrances to some of the nicest neighborhoods in our city. That have not just a quaint, formerly chapel, you know, office renovated 32 years ago at their entrances, and the earth hasn't, you know, they haven't just fallen in. It hadn't cratered. There is no flood risk and will be no flood risk under our current storm water ordinances, and this is high part of Virginia Beach, not a low part of Virginia Beach, and if there's so much capacity in the other bigger 20 some acre lake that this is really not necessary for the quantity, and again, I heard Mr. Hanson say that this morning, then there's certainly plenty of capacity for this little bit of new development, and it is very minimal. Again, when you're talking about 74-75% percent of the water going through there is not coming from here. This, I mean, it's a fraction of a fraction. So, this is not a flood hazard for anybody in any of the neighborhoods around it, will not be under any circumstances, neighborhoods with almost no exception that were developed prior to even having a stormwater management ordinance, much less all of the very, very stringent ordinances, and requirements that we have today for stormwater to create resilience. Again, use permit on the property is not zoning, and there are countless examples that a use permit, when it's abandoned, it goes away. It goes away. In fact, the use permit for the child care facility that was in here it went away apparently last year. I won't get into all of that, but I'd be happy to answer any questions any of you may have. I don't know, you know, I can't address some of these things that are, you know, more emotion driven than anything else, but the church provided the City an opportunity, the sought the opportunity to buy the property if they wish to do so, and that did not happen. There was no interest. I want to say one thing about what you all talked about this morning. I'm sorry it's not a rebuttal, but about the open space contribution. No one asked the question. The potential to create a 5,000 square foot postage stamp for the benefit of these five homeowners does exist, but again, it won't serve anybody else. It won't be for anybody else's benefit, and they won't be able to get to it because it would be, you know, next to the, the church's remaining property behind the houses that, you know, it just doesn't, you know, it just doesn't seem to make any sense to staff nor to, I think, anybody else and based on the history of these small little teeny parks, and little small neighborhoods, they don't get maintained because the property owners don't have the wherewithal to maintain them. So it makes a lot more sense to pay the money to the city, and let the city use it to improve other existing parks, or potentially put along with other capital funds to buy park space rather than to try to create some little 5,000 square foot postage stamp behind one of the lots. So, I'd be happy to answer any questions any of you may have. Ms. Cuellar: Thank you very much. Commissioners, are there any questions for Mr. Bourdon? Mr. Cromwell: Mr. Bourdon, on lot number five, the lot requirement, it requires, it says 80 feet as far as the lot width. Mr. Bourdon: Yes, Mr. Cromwell. Mr. Cromwell: And, you only have 20 feet. Mr. Bourdon: That's because it's a reverse flag. The lot is 80 feet in width facing the private street. So it's, and the private street is the access, not the public street. It's 80 feet in width set back from the public street, and that's why the variance is because we're not utilizing -- we're not using Great Neck Road to access any of those lots. All of those lots, the other four have the frontage, but they're not accessing it. There's a one put, no ingress, egress easement, that'll be platted along Great Neck, and along Millwood for the five houses, so that they cannot access the road, they actually front upon. So all of the lots will be accessing a private road, not the public street. So the 20 feet reverse flag, is there for the purpose of bringing in the utilities, which will come to all of the lots from Great Neck Road to the frontage on Great Neck, that's really back of those lots. So that is the purpose for the reverse flag, but the lot itself will be 80 feet in width for the houses being built will be the same, they meet the required width. They don't just have that width at the 30 feet set back from the Great Neck Road. The others do, but it's, and we're creating, just so I'll also make this clear, wasn't brought this morning, there's a 5 feet easement that's being granted on the churches, or the 5 lots before you get to the 10 feet landscape buffer and, fence, so it's actually 15 feet between the public right-of-way, and the fence on the property because there's also, we're providing dedicating an easement for the City of Virginia Beach for utilities, and 5 feet of the subject property. Mr. Cromwell: I don't have questions. I just would like to make a statement if you're ready for that after Mr. Bourdon finished. No, no questions. Ms. Cuellar: I have one question for you. There's a lot of conversation in opposition to the 0-1 development, and so when we came today, when we're looking at this application, can you just kind of take us back a little bit with your applicants and, you know, looking at the parcel, kind of how the 0-1 idea came into play, if you will? Mr. Bourdon: Well, the reason we did the 0-1 zoning, the church and Bishard's because we heard a lot of love and appreciation expressed here, and at city council for preserving the A frame, the setting, the land around it, not, you know, clearing it and building houses on it. So that's the reason that the church and the Bishard's, when the city didn't want to buy it for open space park, you know, so we felt the best thing to do was to leave it as it is, and prove it by renovating the building and, you know, putting I mean, that's why we thought this was the best way because the other way is to put three more houses on that piece of property, and that's what it's zoned for. So, we just felt like it was something that, and the uses that we've proffered would be allowed. It's very unlikely, I mean, Ryan, so the gentleman, we had some nice conversations, but we've got this to the point, it's just not a new building. It's the same building. It's gonna be a very limited subset of people or businesses that would even be interested in going there. And, so the, the amount of drama about. You know, how terrible traffic is going to be, I'm sorry, based on a lot of experience that we've all had, and you look at all those examples that I've provided, this would be almost assuredly a low, and with the proffers, a very low impact use that similar, if not identical or less than what was there for 31 years. That's what we're shooting for. Ms. Cuellar: Thank you. Any more questions, Mr. Parks? Mr. Parks: I just have one question. Looking back at the zoning, R- 10 allows for child care facilities, which is essentially what it was used for the first 30 years. Mr. Bourdon: It allows for with a conditional use permit now in conjunction with a church or a school. When the use permit was approved back in 1988, the zoning ordinance allowed it as a standalone zone for Childcare Education center that changed subsequent to this being used for Childcare Education Center. Mr. Parks: But is there, there's no intention to potentially use it as a childcare facility, and keep it R-10 to alleviate some of these concerns with rezoning to one. Mr. Bourdon: Most childcare education centers have today with the way they've evolved. This was a specialized, use. They actually created a sizable amount of traffic. More, more than a use of this building is likely to provide now nonprofits, and some of those things that are allowed with the use permit, but there's just so few, and far between could go there with the use permit. The uses that are proffered here are not high traffic volume uses and certainly not in a building of this nature. Again, the intent is to reuse the building, and it could conceivably also be a religious use. You know, that's a loud use in a 4,000 square foot building in 0-1 zoning as a by-right use, and that is also a possibility. I mean, we just don't -- we've got to put it out in the market, but, I believe because, because of the way it's situated, and the total lack of visibility, I think it will wind up being something very similar to what it has been for the last, well, for the 31 years up to 2021, when it ceased. Ms. Cuellar: Any more questions from Mr. Cromwell? Mr. Cromwell: How many offices do you see going into the A frame building, more than one or only one? Mr. Bourdon: I believe the likelihood is one. It is conceivable that you might have two, but they would be small, but I suspect it will be one or two at the most. How they would, you know, share the space would also be a bit interesting, and it's situated, that it would be, you know, the non-profit, you know, Lynnhaven River now, if it is on Lynnhaven River. I mean,there's lot, lots of, you know, lots of folks who I think would be interested, especially in this corridor, you know, just given the number of retirees, who are active in a lot of different causes. I do think there is an opportunity there for a number of potential businesses, it is clear, not going to be a super high rent building, but we're not, again, there is going to be investment in fixing the building up, but it is not like, you're coming in, and having to do a whole lot of work, and we're not developing a new building on the property. So, the rent scenario doesn't have to be, it won't be the kind of rents you're getting on everything else like on those examples I gave you, and up and down Great Neck Road, it's not going to be that type of a use. Ms. Cuellar: Thank you. Any other questions? We'll now open for discussion. Mr. Plumlee? Thank you, Mr. Bourdon, Mr. Plumlee. I don't mind being the first to stick out my chin. I think I've started jotting down notes when somebody came up, and talked about change brings fear. I think, I can't remember who the speaker was, and it's kind of ironic when the change is coming from a church that it still brings fear. This morning, a very large truck came by my house with a lot of workers and they -- I'd forgotten that my neighbor was having a lot of work done, major work, to their house, and I felt the invasion and the feeling of, you know, strangers coming, people I didn't know walking around, and it was bothering me, and intimidating me. My instinct was negative, and later I got to thinking, well, maybe it was timing, you know, I needed to have that feeling coming in to feel the empathy of people who are having that. Same feeling come over them about change coming, and so it was useful, and then almost immediately I began to have the feeling and memory because I've been supporting watermen working in the Lynnhaven River for 20 years, and who are the biggest complainers? The upland homeowners. When they look out the water, they see it all as theirs, and the watermen are nothing, but an invasion in their view, and their beauty, and the silence that they have, but they don't own the water, and that's the acceptance of change that there are things you don't control, and you don't own your neighbor's land. In September, I was the first to object to this. I think this is a better product. I think it's far superior. It's leaving two and a half acres essentially undisturbed with 22 parking spaces that are over right next to it, very modest number of homes. I know of a school that we all are familiar with that had to sell a vast majority of the property it held in order to save the school, and they came under so much criticism, and the accusations was that they were going to cheat, and use the money for corrupt purpose, and not save the school, and all those accusations were false, every single one of them. I've not heard any objection about the actual uses in the office. The proffer is very specific about this use, it's explicit, and it gave everyone a chance to come up and say, not this or not that, but I didn't hear any objection based on that. So, this morning we heard from the Public Works Department, and I disagree I think this should be an impoundment for the city, but that's my opinion. I would recommend it to city council to consider that point, but it's not my place. I don't spend city money. I can just point out things I think that's needed, but despite whether the lake becomes a public impoundment, the developer will be required in the planning process to maintain the volumes. That's state code, city code. So I think this planning commission has done a great job with this matter since back in September,August timeframe,trying to get a better product for the community. It's not going to stop the fear. I understand that, but those are the reasons why I support and would recommend this project. Ms. Cuellar: Thank you very much. Commissioner Hippen? Ms. Hippen: So I'm sure a few of you saw me looking at my phone because I was looking at maps of the city to see this project. I came to the commission in between the first submission and this submission, and when people that I know found out, I was on the planning commission, I started getting all, I knew where Wycliffe was, before I ever attended a meeting here. I live on the other side of town. I live over in the portion of Virginia Beach, which is pretty close to Greenbrier Mall, and I am the first owner. I built the home that I live in while I was still in the Navy, and I remember that there were a lot of trees, a lot of trees over there. Our street and another street where the last two built, and there were people pissed at us because this was an open space that the kids could play in. Never mind that there's a park a block away from me, or maybe two blocks. Then came a developer who says, we want to put in this corner here, mixed use. So I went to all of the meetings. I was very active with my civic league, and I went to all of the meetings. I was like, this ain't never going to work. So, they put up the cascades, and there have been small businesses in and out of there. We never got a restaurant. There's a coffee shop in there. We never got the restaurant because I was thinking, man, I could just walk down the street, grab dinner here, and there, you know, sit next to the fountain, maybe hear some, you know, some guitars, you know, acoustic music, that's never happened. Then came Magnolia Run and Magnolia Chase, two apartment complexes and they tore down all those trees, and I was like, oh, here we go. Then came the Royal Farms, and one of my neighbors, I live on a cul-de-sac. One of the people across the street from me, they built that Royal Farms, and we're moving. I got news for you. They're still there. Okay. This is a hard one. This is very very difficult. I recognize, that the church needs to sell this land, I understand. I'm not happy when the priest sends the basket around the second time at my church. I can tell you that right now. I didn't just go to the site visit. I drove around the neighborhood, and I got out and I walked around, and I see what some of you are talking about. I don't know if I fully agree with some of the things I've heard or disagree with some of the things I've heard. As I was looking, I noticed, I had -- I did not see anywhere where an office building of any type was off the Beaton Road. They're on Lynnhaven. They're on Centerville. They're on Princess Anne. You don't have to drive off of the road to get to them unless you go into a private area. I was talking with my architect friend here, and some of the roads that the road is smaller, the private road is smaller. My concern is emergency vehicles. You know, okay, well, we're only going to let them park on one side. Well, no, we're not going to let them park on the street. Now, you and I both know that people park where they want to, when they want to, you have a party, you gonna park where you want. The road entrance, the private road entrance is very, very close to the waterway, that concerns me too. As far as what the office building will be used for they are very specifically delineated. I don't know that that office building is going to create a lot of traffic. But man, those houses are going to be close to each other, and those people are going to back up to a major thoroughfare. I don't know if this is the right thing to do, but I know that that church needs to take care of their mission, and they need money to do that. God loves us all, but it still costs money. I wasn't here for the initial one. I know when I thought they were going to fill in, the waterway, I was like, um-umm, but I don't know if we've gotten to where we need to get to yet. Thank you. Ms. Cuellar: Thank you. Commissioner Parks? Mr. Parks: I agree with Ms. Hippen as the architect friend. I think there are some admirable things about this proposal, but I still think the main concerns of stormwater have not been fully addressed, which to be fair at this stage would not be because it goes through site plan approval. That's why they have that process, but I do understand the communities outburst as I spoke to many of you guys after the meeting last time about the stormwater issues. I mean, that's something that I've been passionate about and have staked my career on. So, for that reason, I agree with Ms. Hippen that I don't think we're there yet, but I do think this is a better proposal than what we saw in September. Ms. Cuellar: Thank you very much. Commissioner Coston? Mr. Coston: Well, I sympathize with both parties concerned. I can remember when my church was growing, and the pastor would say some Sundays, you know, you can't say Amen, and pay for the light bill. I understand that churches need funds. My church actually sold a lot last year to increase the reserve, so that we don't run around with nothing in a bank account to support a church that seats 1,500 members. So, I think that I can trust, I know that I can trust those members of staff who will decide what the water looks like, what the runoff looks like, and they will ensure that there's no extra water produced on this property that will end up on your property. That's the requirement. Some say that we're probably the most stringent in this requirement up and down the East Coast. I trust them to do that to make sure that this development's water does not end up in your backyard. We were explained today, we talked about. If anything, the small pond probably backs up water more than it helps. So maybe a pipe would have worked better, but, we're trying to meet you in the middle, and make sure that the pond remains as it is. The piece of property that is on remains as it is. I think I'll have to support this. I think it's the best way we could go at this time. Ms. Cuellar: Commissioner Byler? Ms. Byler: Thank you all for being involved in this process. I think it's important that everyone have an opportunity to speak, not just to hear themselves speak, but because these opinions are important, and they need to be considered and weighed. So, as a real estate broker and a professor of real estate law, I recognize that a person has the right to convey title, and if the church wants to sell regardless of their need, it is their absolute right to sell the property. I don't think anyone's denied them that right. They could sell it. The issue is, they want to sell it for the highest value. In order to do that, the potential buyers are seeking approval for a higher and better use of the property. I opposed the first application last September. I thought it would bring problems on the neighborhood. I didn't think that the city should grant the conditions in order to allow it to proceed. This proposal, I do not find as offensive. The only thing, I have concerned with is changing the zoning to the O zoning. However, with the restrictions that have been placed on that O zoning, it's exactly what you already have, so if they're going to change it beyond that, they'll have to come back through this process again, and everyone will have an opportunity to speak, and to present the logic of why at that time. Thank you. Ms. Cuellar: Thank you. Any commissioners? Commissioner Estaris? Ms. Estaris: Good afternoon. It is a very difficult decision to be made. I too am from a religious institution. I understand how churches congregations are getting older. Younger generations are doing virtual, so how do you get those collection plates filled, right? They're not present. So I can understand the church's dilemma. I too was in opposition in September, and I thank those that are here today. I do see a lot of common faces from last time. By the way, James Allen, here's your nod. We do hear you. We do hear all of you. We've read all those emails that have come in, some of you are present, some are not. For those who are listening in, please read those emails. This is a much better proposal. I hope you agree with that. I am not in agreement where there is enough information going forward, but it is definitely a better proposal. I think the planning staff has done a great job listening from the last time, and making the changes to address the concerns that were addressed last time, but as I see the progression of what was presented in August, and not getting all the information then, and then feeling the same way, not feeling I got all the information again, and can those changes, of course, we can't control those things, and clearly the planning commission doesn't have a final decision, so city council has that. So,just as passionate you are about coming here today, I ask you to be just as passionate in bringing forth the City Council should this go into consent, so the fight continues on, but again, as I shared, I'm in agreement that this proposal is much better than the first, but I'm not so ready as I'm not sure if all the information is readily available. Ms. Cuellar: Thank you very much. Commissioner Mauch. Mr. Mauch: So, this is my third meeting. I feel like it's my initiation though. This one's a really tough one. I've spent, and absorbent amount of time researching, listening, writing, writing emails, reading emails, understanding the area, the community, and it's very tough. This is a tough decision because on one hand, you want to make sure that the church is able to sell their land, and use their asset for whatever they please as long as it's within the guidelines that have been given down by the city. In that respect, I see that five houses are extremely acceptable. Even given the variances, it's better than having the entire place full of houses, but with that respect, they have that ability too, if the use is taken off of religious use. I do have some anxiety about office, and what that would do with this development. I don't think I'm there with the office, but the houses are fine, by the way, I think, and if this, whether it passes and goes to city council, please share your voices. If it fails, I would like to be able to propose that we allow for the use to be the modification of conditions to be dropped, so that the church has the ability to sell, and that's where I'm at. Ms. Cuellar: Thank you very much. Anybody else? I feel incredibly privileged to have the opportunity to discuss this application. I've met so many people in the community over the course of the last year, and meeting with all the stakeholders has been incredibly important to me. Just last week, I had the opportunity for the first time to meet Mr. Bishard, and to talk with him about this proposal. His decision making project process to even take on this parcel as an opportunity, and most importantly, the person that I felt I wasn't hearing from, and I called him myself was Pastor Bug. We talked a lot about his ministry. I'm a person of faith. We talked a lot about just how we were moving forward, and what's happening and how we're having change in our community. And yes, change is hard. I even shared with him as a newly 16-year-old driving up and down Great Neck Road that landscape has changed quite a bit, but I'm not afraid of change. Often I can embrace change. I've learned a lot from Marchelle Coleman in particular, the time that she has invested in this. I applaud her, and her commitment to our city, and to her profession, and I'm looking very closely at property owner's rights, and how we can move forward. So many people from the community have actually said these words, they know by invitation they have access and that has been a privilege. I hold all of our green spaces dear, but today I'm going to vote in favor of this application. Do I have a motion from the Panel? Mr. Plumlee: I'll make a motion to approve as presented. Ms. Cuellar: Is there a second? Mr. Coston: Second. Ms. Cuellar: Thank you. Are there any Planning Commissioner abstaining from the vote? I have a motion of approval by Commissioner Plumlee, and a second by Commissioner Coston. Staff will now call for the vote. Madam Clerk: The vote is now open. Okay, I'm going to defer to you on how to call this into the record. Ms. Wilson: Okay, this was a motion to approve. It fails because there is a tie vote. So it fails, and it will go up to City Council with a recommendation of denial. Madam Clerk: Okay, by a vote of 5:5, this application has been recommended for denial. Ms. Cuellar: I'd like to thank everyone who came out to speak on this application. You are welcome to stay for the rest of the hearing, but having that said, if you'd like to excuse yourself, thank you again for voicing your opinions on this, and we appreciate your participation. AYE 5 NAY 5 ABS 0 ABSENT 1 Alcaraz ABSENT Anderson AYE B ler AYE Cromwell NAY Coston AYE Cuellar AYE Estaris NAY Hi en NAY Mauch NAY Parks NAY Plumlee AYE CONDITIONS FOR MDC 1. All previous conditions attached to the Conditional Use Permit approvals of August 3, 1966, October 15, 1973, and December 19, 1988, as well as the Modification of Condition approval of December 12, 2000 shall remain in effect. CONDITIONS FOR SVR 1. The applicant/owner shall submit a subdivision plat to the City of Virginia Beach, subject to the review and approval of the Department of Planning & Community Development prior to the recordation, which shall be in substantial conformance to the submitted exhibit entitled "REZONING PLAN FOR WYCLIFFE EXCESS PROPERTY GPIN: 2408-09-9309 VIRGINIA BEACH, VIRGINIA", dated December 4, 2023, prepared by Gaddy Engineering Services, a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning & Community Development. 2. The applicant shall obtain an Encroachment Agreement through the Department of Public Works/Real Estate, prior to development, for any improvements (i.e roads, structures)that will encroach into any public City easements on the property. The Encroachment Agreement shall be approved prior to the approval of the site plan, construction plan, and recordation of the subdivision plat. 3. Prior to recordation, a one-foot no ingress-egress easement shall be dedicated along N. Great Neck Road on the subdivision plat. PROFFERS FOR CRZ (R-10 TO CONDITIONAL 0-1) 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 subdivided and developed, it shall have the widened and improved, privately maintained shared entrance from Millwood Road, freestanding, externally illuminated monument style sign, landscape buffers and existing parking lot substantially as depicted and described on the exhibits entitled, "REZONING PLAN FOR WYCLIFFE EXCESS PROPERTY GPIN: 2408-09-9309 VIRGINIA BEACH, VIRGINIA", dated December 4, 2023, prepared by Gaddy Engineering Services, and "Freestanding Sign Rendering For Parcel A" dated December 4, 2023, copies of which have been exhibited to the Virginia Beach City Council are on file with the Virginia Beach Department of Planning (the "Rezoning Plan") and are incorporated herein by this reference. Proffer 2: The development of Property shall be restricted to the maintenance, renovation, and refurbishment of the existing 3,522 square foot A-Frame Office Building to include up to 500 additional square feet of floor area which will not substantially modify the exterior architectural features and appearance of the existing building. Proffer 3: The only types of uses which shall be permitted in the building on the Property are as follows: (i) Business offices of advertising, real estate or insurance companies; (ii) Medical, optical and dental offices and clinics; legal, engineering, architectural and similar professional offices, accounting, auditing and bookkeeping services offices; (iii) Offices of miscellaneous business services such as consumer credit reporting agencies; mailing list and stenographic services, business and management consulting services; (iv) Offices of non-profit organizations, such as professional organizations, civic, social and fraternal associations, political organizations, and religious organizations; and (v) Religious uses. Proffer 4: When the Property is created by subdivision, the party of the first part shall record a Declaration of Easement creating an Ingress/Egress, Public Utility and Shared Maintenance Agreement for the benefit of the adjoining PARCEL R over and across the portion of"Shared Private Road" which provides access from both the Property and PARCEL R to Millwood Road. Proffer 5: Further conditions may be required by the Grantee during detailed Subdivision and/or Site Plan 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. PROFFERS FOR CRZ (R-10 TO CONDITIONAL R-10) 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 subdivided, developed and landscaped, it shall have the privately maintained entrance street, sidewalk extension along Millwood Road, dedicated public utility easement along Millwood Road and Great Neck Road and landscaped buffers with six foot(6) privacy fence substantially as depicted and described on the exhibit entitled, "REZONING PLAN FOR WYCLIFFE EXCESS PROPERTY GPIN: 2408-09-9309 VIRGINIA BEACH, VIRGINIA", dated December 4, 2023, prepared by Gaddy Engineering Services, copies of which have been exhibited to the Virginia Beach City Council are on file with the Virginia Beach Department of Planning (the "Rezoning Plan")and are incorporated herein by this reference. A detailed landscape plan for the designated ten foot(10') landscape buffers with six foot(6) privacy fence as depicted on the Rezoning Plan shall be submitted for approval with the Subdivision Construction Plan. Proffer 2: When the Property is developed, it will be subdivided into no more than five (5) single family residential building lots each having a minimum of 10,000 square feet of area. The five (5) new homes will be built with a crawlspace or a raised slab foundation and they will contain a minimum of 2600 square feet of living area. Each home shall have no less than a two (2) car garage and utilize the high quality architectural features and design elements substantially as depicted on one of the five (5) renderings designated "Bishard Homes Subdivision Quality Example" (1 through 5), dated December 4, 2023 which have been exhibited to the Virginia Beach City Council are on file with the Virginia Beach Department of Planning (the "Quality Home Depictions") and are incorporated herein by this reference. None of the Quality Homes depicted and proffered herein may be constructed on two (2) adjoining lots. Proffer 3: When the Property is developed, the exterior building materials to be used on the residential structures shall consist primarily of high quality architectural shingles, cementitious siding (e.g., "Nardi Plank"), brick or masonry stone, or a combination of those materials along with high- quality accent or ancillary material such as metal roof accents and vinyl shutters. Proffer 4: The party of the first part shall contribute a payment in lieu of the recreational open space requirement under Section 4.5 of the Subdivision Ordinance, to the Grantee's Parks and Recreation Department. Proffer 5: When the Property is developed, the party of the first part shall record a Declaration submitting the building lots, the ten foot (10') Fencing and Landscape Buffer Easement, the Shared Private Road Easements, offsite and onsite, and all maintenance agreements and obligations applicable thereto to a mandatory membership Homeowner's Association which shall control these easement rights and be responsible for maintaining the ONSITE portion of the SHARED PRIVATE ROAD and the ten foot (10') Fencing and Landscape Buffers. The Homeowner's Association shall also be responsible for collecting and contributing the homeowner's share of the maintenance costs of the offsite portion of the Shared Private Road from Millwood Road to its intersection with the ONSITE Private Road. Proffer 6: Further conditions may be required by the Grantee during detailed Subdivision and/or Site Plan 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. �tiR IAA AL Wycliffe Presbyterian Church ° i Great Neck Road Virginia Beach VA a 445 g � 3454 <V S Al 757.496.2620 Reverend Dr.Garrett B.Bugg,Senior Pastor Reverend Lyndsey McCall-Gilliam,Associate Pastor Dr.Sandi Billy,Director of Music To: Members, Virginia Beach Planning Commission From: Dr. Garrett Bugg, Pastor, Wycliffe Presbyterian Church Subject: Conditional Use Permit Date: March, 11, 2024 Wycliffe Presbyterian Church is a proud part of the Virginia Beach community. Chartered in 1964, the newly formed congregation first met in the cafeteria of John B. Dey Elementary School. After purchasing 8 acres of property further down Great Neck Road to allow for the growth of the church and its facilities, the first sanctuary (the A-frame) was constructed in 1967, based on a design by one of our charter members. That building served faithfully until 1984 when the current sanctuary was opened. For the second time in seven months, we appear before you concerning the 3.8 acres of excess or residual property owned by our church. The decision to sell a portion of our church property was not an easy one for our congregation, and it began some time ago: initially with the church board in 2018 as discussions about funding our future began, through 2021, when the congregation voted to approve the sales agreement. We come to this point, however, hopeful we will be able to close on the sale and move forward with our mission in Jesus Christ. Like many churches, Wycliffe has shared in the struggles of passing time, such as aging populations, and a smaller giving base. However, unlike many churches, Wycliffe has also seen steady growth over the last ten years. In 2021, after much conversation and discernment, the congregation reached the decision to sell the 3.8 acres of excess property. The desire to sell was not driven by greed, or a lack of concern for the environment. Rather, we decided to sell because to continue the growth we have experienced, we needed to increase staff and shore up long-term savings. Therefore, with eyes set on a future of continued ministry and service to our community, we made the difficult decision to sell. www.wycliffepresbyterian.org Wycliffe Presbyterian Church Memo to Planning Commission The northern part of our property, which is bisected by Stormwater Management Facility Lake Conrad 2, has seen little religious use since the 1984 opening of the present sanctuary. Beginning in1987, the A-frame building hosted the Virginia Beach Infant Program, which started as a joint endeavor between Virginia Beach's then Community Services Board and Wycliffe Presbyterian Church. Later, that program was taken over by the city social services department and the parks and recreation department, remaining in the A-frame until 2021. Recently, our 3.8 acres of excess property has been categorized online and, in the media, as "open space." This "open space" is property that we must pay to maintain. Property maintenance was the second driving force behind our decision to sell. Our church members give primarily to support the mission and ministry of the church; very few give to support maintenance of a lake. While the church greatly desires to be of service to its neighbors, it does not have the means, staffing, or desire to maintain the property for open use. Doing so would require the church to absorb an added level of liability and risk. In accordance with Presbyterian polity, any requests for access or use of the property must be approved by the session, which is the church's governing body. At this time, no requests for any use on that portion of the church property have been made or approved. Lastly, we recently received word from Ms. Marchelle Coleman that she had been advised by one of our neighbors that we had taken down our zoning signs. I want you to be assured that we did not remove the signs at any time. Rather, as you may recall, following their placement on February 12, Virginia Beach experienced high winds of almost 40 knots on Great Neck Road. The wind broke the signs loose from their zip-tied fasteners and caused them to fall to the bottom of the post. Shortly after the ties broke, they were fixed on no fewer than five occasions. Finally, one of our trustees added extra stakes to the signs, as well as a horizontal support beam to hold the three signs in place. Since then, they have remained in place. We know that you are dedicated public servants and on behalf of our congregation, I thank you for the time and attention you are giving to the many all variables you must consider as a part of granting our request to modify the use of this property. From: Michelle Conti To: Marchelle L.Coleman;Naomi Estaris Subject: Ripple Effect Makes Waves at Historic Wycliffe Property Date: Friday,March 1,2024 7:55:17 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. Planning Commission and City Council, As a 25 year member of the original Wycliffe- congregation, the philosophy of the Presbyterian church doctrine compels me to speak up. We are called on to be active regarding social and moral issues including environmental concerns. As a Virginia Beach resident you only have to look around to realize the biggest threat we face is the one our sister city Norfolk is drowning in, water. It is constantly in the news and our leaders promote ways of dealing with flooding and standing water. Our city actively promotes retention ponds as a formidable tool to combat stormwater runoff. These projects include absorption buffers much wider than the revised project before you now. As a city we have spent countless dollars to stay above water. Building infrastructures that include drainage are a large part of our public works budget. Having a natural watershed is a priceless blessing. Our watershed was even dredged to maintain its integrity. The open space uplands portion of the Wycliffe property is also an integral part of natural filtration. This decision should not be driven by the monetary income it creates for the businesses engaged in the transaction. The church has received over 60 years of tax relief and now is requesting a modification of use and boundary change to profit at the detriment of the neighbors and wildlife that call this area home and have for decades. The church is not entitled to a zoning change any more than its neighbors are. Maintaining the status quo provides reasonably expected stability to surrounding properties. The financial need of the church does not negate the conditions they accepted when purchasing the property. The lake was here first and its health should be the priority in any encroaching development. That includes the green space that provides natural filtration to water that eventually enters the Lynnhaven River. While the project may look possible on the paper plans, just because it could be built doesn't mean it should be built. I would suggest the city of Virginia Beach's large public works budget include regular maintenance of this watershed. The church could donate or sell the wetland portion of the property to its financial benefit and realize a goal while relieving itself of any ongoing burdens it may bear. It would set an example of responsible ownership and goodwill to its neighbors. After all, isn't that what it's all about? In closing, the city of Virginia Beach and Wycliffe Presbyterian church should practice what they preach. We cannot say one thing while doing another. The Ripple Effect is in play here as this project is in defiance of the Bond Referendum. We are all connected in the outcome of this application, let us make the common sense decision. Michelle Conti From: Haley Cool To: Marchelle L.Coleman Subject: Wycliffe Rezoning Proposal Date: Friday,March 8,2024 11:35:50 AM CrttTl '�:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hello„ Although I do not live in the neighborhood concerned, I do live off of the Great Neck corridor, and the proposed re-zoning gives me much cause for concern. I am sure I do not need to bullet point the potential negative ramifications of such a project but will suffice it to say that the precedent has already been set for NO business rezoning in this area. Please do your best to represent the citizens and not the developer who has solely monetary gain in mind. Hopefully, Haley Cool Great Neck Point resident Sent from my Whone From: Mrs M To: Marchelle L.Coleman Cc: Zmcherry29Ca)icloud.com;Kaitlen S.Alcock;Carrie L.Bookholt; Holly Cuellar;Richard T.Lowman Subject: Deadly Concerns Lake Conrad2/Wycliff Great Neck Road Date: Thursday,February 8,2024 10:49:04 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. j Dear Marchelle Coleman- Thank you for being very professional and helpful. I appreciate your offer to email me the current site plan submission for Bishards proposed development of Office park and house sites around Lake Conrad 2 on Wycliffe land. 1) Great Neck Road at Millwood needs a traffic light installed for SAFETY! North Great Neck Road is deadly. Too many accidents and critical injuries. An office park will increase traffic! CITY OF VIRGINIA BEACH October 11, 2022 Fatal Crash Investigation - 400 block N . Great Neck Road VIRGINIA BEACH, VA - On October 5, 2022, at approximately 3:49 PM, officers from the Virginia Beach Police Department (VBPD) were dispatched to a two-vehicle crash in the 400 block of N. Great Neck Road. The initial investigation revealed the driver of a Nissan sedan made a left turn, failing to yield the right-of-way to the driver of a Toyota sedan. The driver of the Toyota was traveling northbound on N. Great Neck Road and was unable to avoid hitting the Nissan. AA i virginiabeach.gov TRAFFIC Mother calls for changes to North Great Neck Road in Virginia Beach after crash critically injures daughter A mother is calling on city leaders and Public Works to lower the speed limit and fix turn lanes on N. Great Neck Road after a crash seriously injured her daughter. Author: Ali Weatherton (13News Now) Published: 6:20 PM EST December 19, 2019 Updated: 6:20 PM EST December 19, 2019 VIRGINIA BEACH, Va. — One year ago, a car crash on North Great Neck Road changed a 17-year-old girl's life forever. "She texted me at 4:59 and said don't kill me please, I'm almost home," said Sedonia Triepel's mom Carrie. Three minutes after that text message, someone hit Sedonia who was a standout high school student. She was critically injured. 2) 1 am opposed to the minimal buffer that will harm lake Conrad2. Bow Creek has a "Typical 80 ft buffer" and it is discriminatory if there is proposed less than an "80 ft buffer" around Lake Conrad2. The pollution and function of the SWMF Lake Conrad2 could be hazardous to the 37 acres of homes that depend on Lake Conrad2 to minimize flooding. 3) Developers shortcuts and special treatment should be avoided. t, GADDY Y MSHARD Carrie i...Bookholt Development Services Administrator City of Virginia Beach 2875 Sabre Street,Suite 500 Virginia Beach,VA 23452 July 8,2021 RE Request for Feedback-Small Project Design Dear Carrie and Development Services Center Staff, Gaddy Enginectmg Services and Bishard Homes are mutually responding to the Request for feedback for Small Project Designs.We are grateful that the Virginia Beach Planning Department is pursuing to streamline the stormwater design and review for small development projects within the City.Our feedback for discussion is as follows: I. We propose an increase in the total land disturbance from being less than 20,000 square feet to being up to 43,560 square feet(ore acre). a With the many projects requiring off-site improvements(for utilities and road widening),small projects are easily crossing the 20,000 square fee threshold of land disturbance 2, We propose that the Small Project Stormwater Analysis Alternative Option to adhere to the minimum State requirements for the channel protection and flood protection-State guidelines only require up to 10-year storm events for flood protection The 100-year storm events are tot required by State regulations. 3, Since 100-year storm events are not required by State regulations,we propose that the modeling requirements be eliminated for Small Projects_ a. In lieu of modeling requirements,we propose that infill projects in flood prone areas and neighborhoods be subject to a pro rats cash contribution to the Public Works storm water maintenance budget and regional Capital Improvement Projects to help alleviate the 10-year and 100-year floods There are no regional benefits to designing small projects to alleviate 100-year floods.A pro rata contribution will help improve the flood conditions for the entire neighborhood instead of just the specifically designed sites- 4 We propose that two single family and duplex projects fall under the purview of the State provision of the "Agreement in Lieu Or'option a. There have been multiple cases in the North End and Old Beach where a single-family project has more lot and impervious cover than a duplex development down the street. i, The duplex project is subject to highly intense storm water scrutiny during plan review whereas the single-family development has an easier process. Once again,we are thankful for the opportunity to provide feedback to improve the Small Project Design process.It is our hope that this improved process helps alleviate the burden of reviewers,increases economic activity,and provides more homes in the Virginia Beach marketplace With best regards, Steven W.Bishartf Michael S.Gadddy,P-E,L..S. Bishard Homes Gaddy Engineering Services The Citizens of Virginia Beach need Planning to prevent development problems. I believe this Developer is also involved in Atlantic Park where there is a DEQ investigation of toxic water? Due care and due diligence is expected in this review. It seems like an Office Park in an establishment neighborhood is very poor idea. Rona Marsh District 8 From: Mrs M To: Bryan Plumlee;Holly Cuellar;Kathryn Byler;nestaris(obvboov.com;Susan B.HiR{Len Cc: Marchelle L.Coleman Subject: Wycliffe-Bishard Spot zoning with road abutting National Watershed Date: Tuesday,February 27,2024 5:34:46 PM Attachments: 453F2FFD-0365-4382-9292-230E8B0192B9.ona CRUTION: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 Planning Commissioners: I am opposed to the spot rezoning for an office in a neighborhood and development of 5 houses with a road built barely 10 feet from Lake Conrad2. Virginia Beach should do better than building a road abutting Lake Conrad2 National Watershed. Bishard Redesign 222... Done e xj C1 _ , Q Lake Conrad 2... u Hi Windy, As currently shown, yes, there appears to be about 10 feet (with maybe a few extra feet) between the lake and private road/lots to the east. Marchelle L. Coleman PLANNING & COMMUNITY DEVELOPMENT City Planner III, Planning Administration Division 0: .(757) 385-8557 1 mcoleman@VBgov.com https://p(anning.VirginiaBeach.gov In Virginia Beach Bow Creek gets an 80ft typical buffer. But Lake Conrad2 gets inferior buffer? r J FIF -i.14�i-AfKJ JiE+l'N ' r I� ZQT SLfFER k1NP ' N1 f YIY �'i xLCK 6Uf'CF';A'1-N(39F'Ot'iICVt U. S. Fish & Wildlife Service National Wetlands N Inventory � 'Zr ell Imas�P I�ptaiic AA fws.gov :1 NWI Dow LEGEND 7t , n e 4 i oc 1 '.4 • 1 I<< it 1 :2,257 1 36.880 -76.045 (center; and Wildlife Service, AA & isprimarymim.usgs.gov (� T < U Other localities value their wetlands and protect them with 100 ft buffers. Planning Considerations Existing Local Requirements Some counties,townships and municipalities across Ohio have already adopted wetland setbacks. In the event that these setbacks differ from those described here,the larger of these requirements should be used. Adjustments to the Setback Width The setback widths given in this practice offer minimum protection and should be consid- ered for expansion if any of the following conditions apply: • Areas crucial to the hydrology of the wetland such as springs,floodplains or streams extend beyond the standard wetland setback. These areas should be considered for incor- poration in the setback area,since maintaining the hydrologic support for the wetland is critical to its continuing function. • The wetland is a rare,sensitive or high value wetland system. These systems need greater buffer widths to ensure protection of the current quality. • Habitat protection,either of wetland species or species that utilize the wetland,is a major §, objective. Greater than IDO, to is recommended,but wildlife expertise may be neces- sary to determine the conditions and width needed for the particular species. 100 • Larger setbacks may be appropriate for drainage from a commercial or industrial facility that may require pretreatment and flow attenuation. • Areas that are steep or sparsely vegetated will have lower effectiveness in providing feetWater quality protection for adjacent wetlands and therefore should be expanded. Storm water management and site planning needed in addition to setbacks Wetland setbacks will help protect wetland systems,but more is needed as development occurs. Storm water controls will still be needed to control high-energy flows and to miti- gate for increased pollution. Encourage wetland protection through community support and planning Wetland setbacks are a tool that can be used to protect water quality and water resources. Local planning officials should consider how to facilitate wetland setbacks through wetland identification tools(soils,wetland and land use maps),landowner assistance,zoning code and land acquisition. Utilizing publicly available resources to produce planning or land use maps can help com- munities identify where wetlands and wetland setbacks are most likely to be applied.The Natural Resource Conservation Service and the local Soil and Water Conservation District provide soils maps and a list of hydric soils.National Wetlands Inventory(U.S.Fish and Wildlife Service)and Ohio Wetlands Inventory(Ohio DNR)maps may also be useful in finding wetland locations for planning purposes.Note these maps are not appropriate for making wetland detineations.Wetland delineation information is available from the Ohio EPA and the U.S.Army Corps of Engineers. Finally protect wetland setbacks and the wetlands they surround by placing these areas under a conservation easement.Note that deed restrictions are much less protective since a judge can abolish them at the request of a landowner without public notice. epa.ohio.gov This rezone and Development is not well planned and the new road the Developer wants should be adjacent to Great Neck Rd. Please use common sense and deny the zoning and Developer changes. We need Legacy open space wetlands. We already have an abundance of impervious surfaces. Respectfully Rona Marsh District 8 757-270-7900 From: GS Passaris To: Bryan Plumlee;George Alcaraz;Holly Cuellar;John Cromwell;John H.Coston;Kathryn Byler; Michael C.Mauch; Marchelle L.Coleman; Michael Anderson;Naomi Estaris;Susan B.Higoen;William Parks;City Council; angela.bohon(@wtkr.com; brett.hall(a)wavy.com;kerry2d(@amail.com;stacy.oarker(a)oilotonline.com; iohndmoss4109(ftmail.com Subject: Oppose Wycliffe Development Date: Saturday,March 2,2024 1:03:54 PM CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments I unless you recognize the sender and know the content is safe. Please see my video posted on FB today as I walked the very saturated property at Wycliff today during the rain. https://www.facebook.com/share/ /p n2KkyEavMgVvwKUG/?mibextid=K35XfP I oppose any development at Wycliffe and changes to the zoning laws so that Bishard Homes can absolutely destroy this beautiful and pristine property. It has been under a religious cup for 6o years and that needs to remain to ensure the open space and ecosystem that so many plants and animals live in. In addition, the bond referendum that the citizens voted on needs to be activated and not postponed. Our land needs to be protected from flooding and developers. The City Council and the Mayor are supposed to protect our city and the majority of citizens do not want to become a large metropolitan city like New Jersey. We are a Peninsula, not an endless mass of land. Enjoy the video. Ginny Passaris VP Great Neck Estates Neighborhood Watch Coordinator From: GS Passaris To: Holly Cuellar;Kathryn Bvler;anuela.bohon @wtkr.com;Bryan Plumlee;brett.hall(alwaw.com;City Council; George Alcaraz;John Cromwell;John H.Coston;johndmoss4109(s)amail.com; kerrv2d@)amail.com;Michael C. Mauch;Marchelle L.Coleman;Michael Anderson;Naomi Estaris;Susan B.HiRpen;stacy.oarker(ftilotonline.com; William Parks Subject: Re:Oppose Wycliffe Development Date: Sunday,March 3,2024 5:19:37 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. Hi I'm sharing photos of litter currently in Lake Conrad 2 and flowing into Lake Conrad 1. Thank you, Ginn Passaris 1,CAA i 5 / Y y'rY �k��;�� , d 1�� •;� \` p� '1y:' +'��` f 1 C � t .''6'" a.1a 1 '` �r ° "'W"i ,<s :+r►, �� \� :, io °R4tPIl 1 ' /Y fi ► • & � y h� - i gG ✓ ' � cI! 1�� Grp ! �+�/(�//�� Y! i ti.. �•))56 �r?4 ib �,/ s n / « �1 A t °, Oil— ( :r`, i �* ��r �t /Gri �PI �b �F01 y } NN �it�R`4;. �• � ✓.�h �_,l"e+•"l fish��•�`[`�:= /v `i f: o/� M(r ��I.; ..t� Y /�/ ! ��}'T�7 F ,s SI�AI�b�7yj �.*..,�ij+ r^ ,.� t �� .�Ax C*�Jrx`•,, e++� xJ'�+�.�'�` .� '� ..�' '�"'� t !r r`J'� � ',�,`pt'>��9,'�*t'�l �S�j i�$`��y. . Jwt,t 3 �� J �»�;• ��!' ,�5 t.,,;.� ,�a ' "� 2 i�y^' ♦1 tt f,�,.r:�Sr� `M. �,, s z�+ !:. •,�t/i1/.tA.,� t1(�� tt , { � � J �I ii 7 • .fw �. i.�. �,'1��L�4�'�Ir�/l.. � .�y i 4 y► i 1Y �.s�� # �. ♦ • �il� � is�y �`Xi �5�. j.`Jth'F .�1L"•k.Y .e. vt^ ,�t1'f i.t 1✓ �.�`3&, �r,�,: �.GiR .��,—�.+ �—�' �r':.,`�..�+1 .��`� fr tp*.'aE[ ''�+ ,.."ds, _. 3- 1\3 a��s s 4� ` t �,� +r �e t,,♦ Y,, , \ i 'S r w r 3 'f w •F,. PYC.•-. Al a t +� .g a h .: ,.ri./ :��•c�n�. .£;,' >k .n�� tH�i�` l - 1�.Q..+�yt�'4:Y�Y..1-wc_ On Sat, Mar 2, 2024 at 1:03 PM GS Passaris <Vgoassaris gmai1.com>wrote: Please see my video posted on FB today as I walked the very saturated property at Wycliff today during the rain. https://www.facebook.com/share/ /np 2KkyEgvMgVvwKUG/?mibextid=K35Xfp I oppose any development at Wycliffe and changes to the zoning laws so that Bishard Homes can absolutely destroy this beautiful and pristine property. It has been under a religious cup for 6o years and that needs to remain to ensure the open space and ecosystem that so many plants and animals live in. In addition, the bond referendum that the citizens voted on needs to be activated and not postponed. Our land needs to be protected from flooding and developers. The City Council and the Mayor are supposed to protect our city and the majority of citizens do not want to become a large metropolitan city like New Jersey. We are a Peninsula, not an endless mass of land. Enjoy the video. Ginny Passaris VP Great Neck Estates Neighborhood Watch Coordinator From: Julia Cherry To: Holly Cuellar;Naomi Estaris;miclemon(@vbgov.com;Michael Anderson; Kathryn Byler;aealcara(d)vbgov.com; Bryan Plumlee;John H.Coston;dhhorseley(a)vbaov.com;Marchelle L.Coleman Subject: Opposition Letter-Please Deny Applicants Request Date: Monday,March 4,2024 12:33:44 PM Attachments: IMG 2385.HEIC IMG 2388.HEIC IMG 2529.PNG IMG 6876.PNG IMG 6878.PNG IMG 6877.PNG Wycliffe Zoning Sians.odf FOIA GreatNeckRd 20240212.odf _ _..._. _ C1,f M11 This email originated from outside of the City of Virginia Beach. Do not click links or open attachment i unless you recognize the sender and know the content is safe. Dear Honorable Virginia Beach Planning Commissioners, I am sending you this email not just as a concerned resident of Great Neck Estates, but as a voice for our community and the silent whispers of our cherished environment. Imagine, if you will, a morning where the serene hum of nature is replaced by the incessant honking of cars, where the air we breathe is no longer crisp but laden with the fumes of congestion. This is the future we face if we choose to rezone our precious open and religious space into a commercial area. But today, we have the power to choose a different path. Let's talk about reality - the kind that's happening right outside our windows. Our roads, once the arteries of our community's lifeblood, are now choked with traffic, accidents waiting to happen at every turn. Did you know that the number of car accidents in our area has been climbing steadily? With each crash, we don't just tally numbers; we're counting fathers, mothers, children whose lives are forever altered. It's a dangerous dance on the tightrope of safety, and with every new vehicle added to the mix, we're inching closer to a catastrophe. It's not just a matter of if, but when. Now, let's ponder the consequences of rezoning. It's like opening Pandora's box, isn't it? By transforming our wetlands and open space into commercial zones, we're not just inviting more traffic; we're courting disaster. Imagine the domino effect: more cars, more accidents, more lives irreversibly changed. And what of our environment? Wetlands are our natural sponges, soaking up floodwaters. But what happens when we pave paradise? We're left to grapple with flooding, an adversary that no amount of regret can hold back. It's a stark choice between preserving our natural defenses or facing the wrath of nature head-on. But here's the heart of the matter: the people, your constituents, have spoken. An online petition has over 8,600 signatures. The pulse of our community beats to the rhythm of preservation, not development. There's a chorus of voices, from every corner of our town, united in opposition. We've seen what happens when the balance tilts too far toward progress at the expense of safety and sustainability. It's a lesson etched in the heartbreak of communities around us, a cautionary tale we dare not ignore. We stand at a crossroads, and the path we choose will define the legacy we leave for generations to come. There have also been a number of items out of compliance with the laws set by the City Council. Such as the subdivision variance, rezoning to business, and modification signage posted on Great Neck Road and Millwood Road. These signs are to be posted and legible for 30 days prior to the hearing. Unfortunately, as you can see in the below photos, they were out of compliance. This would lead our citizens to not know or understand what is being proposed. Below you will see each day with dates and times that these signs were not in compliance with the City Code. Furthermore, there are many mistakes made in the joint application including the address (the correct address is 2307 Millwood Road, however in the application it is listed as 3207 Millwood Drive), a misrepresentation of trees and plants, disruption of the stormwater drainage system, and a disturbance of natural habitat. There are endangered birds, butterflies, long eared bats, and long standing trees that call Lake Conrad 2 and surrounding space home and have also been left off the application. In section 7, Historic Resources Information, it was marked "NO" for any buildings or structures 50 years old or older located on the project site. The current A Frame building and bridge are both older than 50 years old, making them historic properties. If the builder cannot provide an accurate representation, shouldn't the city feel the need to deny at least until a third party Quality Assurance is conducted? How can you make an informed decision based on inaccurate data on the application? I would also urge you to deny the removal of the Conditional Use Permit for religious purposes of the entire eight acres. In 1966, Great Neck Road welcomed the church with the intentions of keeping the allotted eight acres for religious purposes and sacred ground. The city deemed the land a benefit to the community, and removing it would truly result in public detriment. However, all is not lost. We're presented with a golden opportunity to lead by example, to show that progress does not have to come at the expense of our safety and our environment. Instead of rezoning, let's invest in solutions that enhance our community while preserving the integrity of our wetlands, open green space, and historic structures. Imagine improved infrastructure that addresses our current traffic woes without compromising on safety. We have the chance to be pioneers, to chart a course that marries innovation with preservation. It's a vision of the future where progress and nature walk hand in hand. In closing, I urge you, esteemed members of the city council, to consider the legacy we wish to leave behind. We have before us a choice that will echo through the ages. A vote against rezoning is not just a vote for safety; it's a declaration of our commitment to our community, to our environment, and to future generations. Let us choose a path of preservation, of safety, of sustainability. Let's vote NO on rezoning. Together, we can safeguard the heartbeat of our community and ensure that the morning hum of nature is not lost to the cacophony of progress. Sincerely, Julia M. Cherry 2408 Cedar Bark Road, Great Neck Estates Great Neck Estates Civic League 2nd Vice President ATTACHED: - Wycliffe Zoning Signs with date and times showing out of compliance - IMG_2388 and IMG_2385 - images of the application where the property address is incorrect - E181`207C - Image of a bus attempting to make a left turn from Millwood Road onto an already very busy Great Neck Road - FOIA of Great Neck Road - IMG_2529 shows how deadly Great Neck Road already is - IMG_6878,6876,6877 - Images showing crashes and their date and time stamps to show again the dangers of Great Neck Road and the bottleneck of traffic that are already being experienced From: Natalie G To: Holly Cuellar;Naomi Estaris;John Cromwell;Michael Anderson;Kathryn Byler;George Alcaraz;Bryan Plumlee; Susan B.Hiooen;John H.Coston;William Parks;Michael C.Mauch;Marchelle L.Coleman;City Council; c n ecivicCalg ma i I.com Subject: Rezoning of Great Neck Estates Foreground Date: Saturday,March 9,2024 1:00:36 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 Planning Commissioners and City Council: I am opposed to rezoning the front of Great Neck Estates to Business Zoning.This neighborhood is part of the Suburban Areas of Virginia Beach,as identified in the Comprehensive Plan.The city committed to enhance or maintain existing neighborhoods in the Suburban Areas.The plan as presented degrades the community and devalues the properties of an established neighborhood in order to serve the best interests of two private entities.The Virginia Beach Zoning code is intended to promote and protect the health,safety,and general welfare of the people of the city.It also specifically should protect and improve the quality of the waters.This plan does not encourage the best purpose of this land and lake and threatens all Suburban Areas throughout Virginia Beach by violating the zoning ordinance and the Comprehensive Plan. Respectfully, Natalie Taoras From: Beth Wesolowski To: Holly Cuellar;Naomi Estaris;John Cromwell;Michael Anderson;Kathryn Bvler;George Alcaraz;man Plumlee; Susan B.Hiooen;John H.Coston;William Parks;Michael C.Mauch;Marchelle L.Coleman;City Council; gneCalgmail.com Subject: Wycliffe Development*BUSINESS ZONING* Date: Saturday,March 9,2024 4:30:49 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. L _- __---- .__ _..-- -_-___. --____ -- ---___. _._.__.._ __ ._.-. Dear Planning Commissioners and City Council: I am opposed to rezoning the front of Great Neck Estates to Business Zoning. This neighborhood is part of the Suburban Areas of Virginia Beach, as identified in the Comprehensive Plan.The city committed to enhance or maintain existing neighborhoods in the Suburban Areas.The plan as presented degrades the community and devalues the properties of an established neighborhood in order to serve the best interests of two private entities. The Virginia Beach Zoning code is intended to promote and protect the health, safety, and general welfare of the people of the city. It also specifically should protect and improve the quality of the waters.This plan does not encourage the best purpose of this land and lake and threatens all Suburban Areas throughout Virginia Beach by violating the zoning ordinance and the Comprehensive Plan. Respectfully, Beth Wesolowski From: Kathie McGrattan To: Holly Cuellar; Naomi Estaris;John Cromwell; Michael Anderson;Kathryn Bvler;George Alcaraz;man Plumlee; Susan B.HiQpen;John H.Coston;William Parks;Michael C.Mauch;Marchelle L.Coleman;City Council;Great Neck Estates Civic Leaaue Subject: Please consider saying no to the Wycliff/Millwood development Date: Saturday,March 9,2024 10:32:16 PM CA ITr ON`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 Planning Commission and City Council, I am opposed to the rezoning of the parcel of property that Wycliff Church is attempting to sell to Bishard Homes for 5 R-10 homes and an office building. First and foremost, as the city continues to address flooding issues throughout our city, it is very concerning to me that the city would approve to tear down mature trees, infill sloping land towards Lake Conrad and build 5 homes with concrete driveways and a roadway on land that currently is a part of our stormwater runoff plan and is an area that is already prone to flooding. Where will all of the water go when the homes, driveways,possibly swimming pools and a roadway to these 5 homes are in place? We keep hearing that one of the problems with our current city budget is due to the need to resolve our current flooding issues in our city. Please don't approve this development that is certain to create additional flooding problems for Wycliff,the existing Great Neck Estates neighborhood and these 5 new proposed homes and the office building. I think most of us believe this will create yet another flooding issue,that we the taxpayers,will then be on point to fund. Next, it does not seem reasonable to put an office building smack dab in the middle of an established neighborhood and between the existing neighborhood and the new proposed residential development. It is concerning to think the roadway that is currently the entrance to that existing neighborhood would also be shared not only with those 5 new home, but also with that office building. Please don't allow this to happen to the residents of this neighborhood or any other neighborhood in our city for that matter. I do not live in the Great Neck Estates neighborhood nor any of the immediately adjacent neighborhoods, but I am becoming increasingly concerned with what seems to be prioritizing the desires of developers over the desires of the tax paying residents. A decision to NOT allow this project to go forward, could be a positive turning point for the citizens of this city. I hope you will hear the plea from citizens to not approve this project. Thank you for your consideration of my and many other citizens concerns. Kathie McGrattan 1708 Herford Way Virginia Beach, VA 23454 From: fS Pa,sars To: C ty Council Cc: Kathryn Byler,Susan B.Hip=John Cromwell;Holly Cuellar;Michael Anderson;Naomi Fstaris;John H.Coston;oealcara(5ybooy.com;Michael C.Mauch;Marrhelle I Coleman Subject: Have you forgotten already? Date: Sunday,March 10,2024 5:44:10 PM CAUTION:This email originated from outside of the City of Virginia Beach.Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Mayor Dyer,City Council,and Planning Commissioners of Virginia Beach- Our citizens have not forgotten the flooding problems from the past and are still dealing with it still today. I adamantly oppose the development at Wycliffe Church so our neighborhood won't look like the ones below or have major flooding problems on Great Neck Road. Great Neck road is a very heavily traversed road and extra water on it won't help accidents from happening. We have had major accidents resulting in death on this road in the past year.Not to mention,a tornado visited us less than a year ago. Our lawns are soaked from the rain just this week.We have sitting water in our yards and collection of water in our streets.Building 5 homes on the property at Wycliffe is a bad design on top of a horrible plan. REMEMBER-the water has to go somewhere and replacing green space with non pervious surfaces is only going to lead to disaster. The church is more than welcome to sell their property after fifer the contract is up with BISHARD HOMES to the city for a park. This is what the parishioners truly want to see happen to this beautiful open space that serves and protects the animals,ecosystem, stormwater inlet,flooding,etc.(I think you get the point.) Most of the congregation would rather see a park for open space than 5 overbuilt vinyl siding homes that don't match our brick one story neighborhood. You make regulations for neighborhoods,BUT then you don't follow them,so what good is having them in the first place? Regarding the BOND REFERENDUM that the citizens voted for in 2021-even if you haven't enacted it for the city to follow for controlling runaway development,THE PEOPLE HAVE SPOKEN,THEY ARE TIRED OF THE OVERDEVELOPMENT OF VIRGINIA BEACH AND NEIGHBORHOOD FLOODING. It passed with our VOTE,therefore it should be in full force whether you say it is or not!The people want to see you follow their request,not the Developers!We outnumber them and they are making our once beautiful city UGLY. You make it look like you are working on it,but really you are just kicking the can down the road so developers can get as much development done before you implement the BOND Referendum completely. Whatever negative outcome arises from your decisions,remember it is your fault and responsibility. NOT HAPPY with your current standards. https /www.wavv.com/news/vb- a yers-will-pay-more-than-ori inal y-exn d-for-aahy ll -nark- flooding- x / httpsm.l./www.yQutube.com/watch?v=fUlQq6F3yew https#llwww.youtube.c_om/wa h? v=TxO,�k_i lg_Do&pi2=ygU.p .mxvb2RpbmcgcHTvYmxlbXMga3Y4gdmjy721JiaWFgYmVbY2ggdGgkYXk%3D httpso://www.y-Qutube.com/watch?v=hokRIERY6ok htWso.1,lwww.yQutube.com/watch?v=moq=QLRIQ https*//www,youtube.com/watch?v=c7wakWFXon s Constantine Passaris II From: Cindy Kube To: Holly Cuellar;Naomi Estaris;John Cromwell;Michael Anderson;Kathryn Bvler;George Alcaraz;man Plumlee; Susan B.Hippen;John H.Coston;William Parks;Michael C.Mauch;Marchelle L.Coleman;Cily Council Cc: GNEcivicCglgmail.com Subject: Rezoning of Great Neck Estates Date: Monday,March 11,2024 8:00:37 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. March 10, 2024 Dear Planning Commissioners and City Council: I am opposed to rezoning the front of Great Neck Estates to Business Zoning. This neighborhood is part of the Suburban Areas of Virginia Beach, as identified in the Comprehensive Plan. The city committed to enhance or maintain existing neighborhoods in the Suburban Areas. Where is your commitment to the citizens of this city, and where is your commitment to environmental stewardship? As our city faces the real and growing threats to our infrastructure from climate change, the time for responsible planning has never been more crucial. The plan as presented degrades the community and devalues the properties of an established neighborhood in order to serve the best interests of two private entities. The Virginia Beach Zoning code is intended to promote and protect the health, safety, and general welfare of the people of the city. It also specifically should protect and improve the quality of the waters. This plan does not encourage the best purpose of this land and lake and threatens all Suburban Areas throughout Virginia Beach by violating the zoning ordinance and the Comprehensive Plan. Respectfully, Cynthia Kube 2217 Poplar Point Road Virginia Beach Those who contemplate the beauty of the Earth find reserves of strength that will endure as long as life lasts. Rachel Carson— From: Jeff FISHER To: Holly Cuellar; Naomi Estaris;John Cromwell;Michael Anderson;Kathryn Bvler;George Alcaraz;Chan Plumlee; Susan B.HipQen;John H.Coston;William Parks;Michael C.Mauch;Marchelle L.Coleman;City Council; GNECivic(@amail.com Subject: Opposed:Rezoning the Entrance Area of Great Neck Estates to Business Zoning Date: Monday,March 11,2024 4:48:51 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 Planning Commissioners and City Council: I am opposed to rezoning the entrance area of Great Neck Estates to Business Zoning.This neighborhood is part of the Suburban Areas of Virginia Beach, as identified in the Comprehensive Plan. The city committed to enhance or maintain existing neighborhoods in the Suburban Areas. The Bishard plan as presented degrades the community and devalues the properties of an established neighborhood in order to serve the best interests of two private entities.The Virginia Beach Zoning code is intended to promote and protect the health, safety, and general welfare of the people of the city. It also specifically should protect and improve the quality of the waters. This plan does not encourage the best purpose of this land and lake and threatens all Suburban Areas throughout Virginia Beach by violating the zoning ordinance and the Comprehensive Plan. Respectfully, Jeff Fisher, PE, PMP From: John Carbone To: Naomi Estaris;John Cromwell;Michael Anderson;Kathryn Byler;George Alcaraz;Bryan Plumlee;Susan B. Hiooen;John H.Coston;William Parks;Michael C.Mauch;Marchelle L.Coleman;City Council;Holly Cuellar Subject: REZONING WYCLIFFE PRESBYTERIAN CHURCH PROPERTY Date: Monday,March 11,2024 4:50:36 PM 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. Distinguished Members of the City of Virginia Beach City Council and Planning Commission. My comments are regarding the developer's plan to acquire a parcel of property from the Wycliffe Presbyterian Church on North Great Neck Road, obtain rezoning so that he may convert an existing religious building to commercial use, erect some new multi-story commercial structures and then squeeze a few houses on this pristine, lake side,park like property. Like many thousands of other long standing Virginia Beach Citizens, I am absolutely opposed to the rezoning and commercial development on this property adjacent to my Great Neck Estates neighborhood. Such development would be contrary to the city Comprehensive Plan,which for a wide variety of sound, long standings reasons has historically prohibited commercial development on North Great Neck Road property north of the church. For what it's worth,notwithstanding the developer and his attorney's protestations,the word in our neighborhood is that the church no longer has a financial problem and would if they could walk away from the unfavorable sales contract. Sincerely, John A. Carbone Captain USN Ret Initial resident in Virginia Beach 1962 and resident in Great Neck Estates since 1977 From: Jim&Calmetta Allen To: Planning Administration Subject: Wycliff Presbyterian Church&Bishard Homes Date: Tuesday,March 12,2024 10:10:57 AM Ti: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. 03/12/2024 Subject: Wycliff Presbyterian Church & Bishard Homes Honorable Planning Commission: I am James Turner Allen, and I have lived in Great Neck Estates for 39 years. Our neighborhood is an older community with issues dating back to development. Our homes are built on somewhat larger lots that give us some breathing room and privacy; a luxury we all love. Today, however, we are facing new developmental and zoning challenges that—if allowed to proceed—would negatively impact our lives. I strongly oppose any zoning changes that would allow for office business to operate in our community. We do not deserve this and I would think you would not allow it to happen where you live. I appreciate your time, James T. Allen MSG US Army Ret. Jim & Calmetta Allen jallen182@verizon.net From: Julia cherry To: City Council;Holly Cuellar;Naomi Estaris;miClemon(o vbaov.com;Michael Anderson;Kathryn Byler; oeAlcara(awboov.com;(man Plumlee;John H.Coston;dhHorselevd)vbaov.com;Marchelle L.Coleman Subject: Wycliffe Development Date: Tuesday,March 12,2024 11:12:42 AM Attachments: Great Neck Traffic NIGHTMARE.Ddf 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 Honorable Virginia Beach Planning Commissioner's, Please find the attached photo documentation of the traffic conditions on Great Neck Road and in the Great Neck Estates neighborhood. In an earlier email,I included the FOIA report from VBPD of accidents along Great Neck Road for your review. There are many serious incidents that have occurred. I'm truly worried about the safety of residents in GNE if a change of zoning to business in our residential is approved. In my humble opinion,there should have been a traffic impact study done by the city and developer. Please vote to deny any zoning changes on Wednesday,March 13th,2024. Wycliffe Church Pastor Bugg has stated the church sought out a zoning change twice and was denied by the planning department. The city will not allow any new driveways on N. Great Neck Road. We,the community do not want any additional traffic congestion to negatively affect our peaceful environment in Great Neck Estates. Respectfully yours, Julia M.Cherry Great Neck Estates 2nd VP Sent from my iPhone L' .n d 4' R 410 6 Jp ,.�. ' f ry.Jq d: y a 5 6� w� b i l y a , q •`3 k=-� � Rh A�+t }' •yam...• +� a;,'.. .,.•fir '•3 � � .t .. � . x • e • ,•»., ` - »•� is— Rs i . _, •,gin. �' �,,;�;� 4 f ';�� °�'�a � #' �- Y a i rf x.�..' -•- � '+ .r» s fit` .f. �1 v oil- ru .� v. s ;4 l i r per am { p �t L ff. - ti w IIIII _.. Y I - r a s r{ , r. ' 4 r -10 s ° 1. 7 •s s + ,r „} `'['� �.�°�`�r„ s 'S�'ca _ $ � r.�•��y�. .R"t��t�a . c��. 4�a- � �' ".+: ,. e '' MA'S-C*` G '�kfy " _ .. 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E • ��SS r r , r 1 s a moo■ r^,+',yyg�ar,�,, y^ .c_ y =:a 7 1 i, l 4 a ' - \��\ � ° � . yy> y � : »\®� : � � y��:: . <: . , . . y �� \\ . . �. . , . a. > � . .y. � - , , . . . . ®-© . <> , ° � � : : � � ! ®\«/ . \ ��\ � � �� »:f °+� � \ \ ° � d% . . . \ � \\\ � « . � � � » »\y � . § \ , ■ } « \ »»«� < \\.�\ ! !\f � l � � . . . 2 / / �y2 ��// . . «< « y � � . »\ ^ ± ©s < � � � � � \�� ^ ` } . � . . . .. .�. . . � . v.� �.�. : : � :2��\22 .�» . . . . . . . . §> . y� . © 2 §\��\��. 2\ \\ � _ . � � � . . 2 < . _ . ,��\��» � : . y y. .. - �»2 «. . . . � :� : < �\�� .�.... - . ��»yam 2 - ©� ^ \??�\ � . . - c: ��ex m x d��y�� . : x ;;:yg��-y��\��\. . .�<, . �, .�«>� ��»<ym��:�a>�� . , »\� ?� _ , .y:w. >�.:� , :!:m y » � � :. . . > . - , .w� � � »+ 2��:e��\ \ /2m.�� From: Monti Dutta To: Holly Cuellar;Naomi Estaris;John Cromwell;Michael Anderson;Kathryn Bvler;George Alcaraz;Bryan Plumlee; Susan B.Hwopen;John H.Coston;William Parks;Michael C.Mauch;Marchelle L.Coleman Cc: anecivic(Ebamail.com;Mishtu Dutta Subject: Re:Comments on proposed application by Wycliffe Presbyterian Church&BHC,LLC for the rezoning to Conditional 0-1 Office District for property at 1445 North Great Neck Road&2307 Millwood Road Date: Tuesday,March 12,2024 3:14:28 PM rUTIOIN:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments f unless you recognize the sender and know the content is safe. ---._.__..--_-----____.-_.__-._.--------.-.-----_.---._____.__.._____.. ._-.....----_-.---.-.---__.--------------- .._.._-.,__________._-___.___..-.-.-.-_____._ Dear Planning Commissioners: As residents(and voters) in Great Neck Estates in Virginia Beach, our household strongly opposes the application by Wycliffe Presbyterian Church&BHC, LLC for the Conditional Rezoning of the R-10 Residential District to Conditional 0-1 Office District for the property located at 1445 North Great Neck Road &2307 Millwood Road. The existing A-Frame building on the property was most recently used from approximately 1988 through 2021 under a Conditional Use Permit by Friends of Infant Stimulation, Inc.,to operate a program for special needs infants. This prior program had minimal impact on traffic and there were a very small number of cars that regularly accessed the property during the day, so we had no concerns about that previous use of the existing building. Even though the current parking lot for the existing building has 22 spaces(exceeding maximum permitted by six parking spaces),we don't recall more than a handful of cars ever using that parking lot at the same time and never saw a high number of cars entering and exiting the property. However,the current proposal includes the rezoning of the property from R-10 to Conditional 0-1 Office for the purposes of professional offices, such as medical offices and dental offices. These types of offices can be high traffic frequency tenants with groups of patients coming and going for appointments every twenty minutes to a half hour throughout the day. Such high traffic offices are only appropriate for buildings and properties that directly connect and access to major arterial roads. The current proposal is for these patients and clients to access the rezoned "office" building from an entrance only from Millwood Road (residential road), not directly from a major commercial road, such as North Great Neck Road. Furthermore, patients for medical offices and dental offices,for example, can frequently run late for appointments for procedures, so there is the risk of late patients speeding on residential Millwood Road for overdue appointments as the only way to access the rezoned "office" building of their provider. This is yet another reason that zoning should require that office buildings need to only be accessed with an entrance directly from major commercial arterial roads,which have greater law enforcement presence, not exclusively accessed directly from a residential road, like Millwood Road. In addition to the presence of children (nine in the morning and seven in the afternoon, as confirmed by the school district) at a school bus stop adjacent to the proposed development at Millwood Road and Selden Street, numerous pedestrians(adults and/or children)frequently recreationally walk on Millwood Road,which has no sidewalks nor paved bicycle paths. Under this proposal, patients and clients will be driving exclusively on residential Millwood Road throughout the day to access the "office" building under the newly proposed Conditional 0-1 Office zoning and frequently encountering pedestrians and/or bicyclists on residential Millwood Road without any sidewalks,stoplights, stop signs, or bicycle paths at the entrance on Millwood Road to the planned development. The proposal calls for widening the access entrance from Millwood Road to both the"office" site and new five single family house development for emergency vehicle access. The widened entrance will become directly across Millwood Street from the driveway of the existing house at 2304 Millwood Road. Per the Planning Commission Staff report,the City's owns Traffic Engineering staff projects that 50 average daily trips for the five-lot new single- family subdivision and 46 average daily trips for the office use for a total of 96 daily trips. Planning Commissioners, please ask yourselves the following question: How would you like a widened entrance directly across the driveway of your house to a busy office building and five home subdivision with 96 cars coming and going throughout the day? The existing R-10 zoning of the current structure already permits the use of"childcare centers or childcare education centers in conjunction with public or private elementary schools." Childcare centers,for example,would be subject to traffic at set predictable times with longer duration between cars coming and going versus the high frequency short duration usage throughout the day of busy professional offices, such as medical and dental offices. Therefore, already permitted childcare centers under the existing R-10 zoning would have less adverse traffic impact throughout the day than busy professional offices under Commercial 0- 1 Office zoning upon the Great Neck Estates neighborhood. The existing R-10 zoning of the property supports a lower adverse traffic impact on the existing residential Great Neck Estates neighborhood rather than using the Great Neck Estates neighborhood as the sole exclusive passageway to access the newly proposed redesignated Commercial 0-1 Office zoned property. In conclusion,we request that the existing R-10 zoning of the current structure be retained, and please accordingly reject the conversion of the property located at 1445 North Great Neck Road &2307 Millwood Road to a Commercial 0-1 Office zone. We thank you for your service to our community. Thank you for your consideration of this critical matter. Sincerely, Arijit Dutta and Sucharita Dutta (Residents of Great Neck Estates neighborhood) From: Windy Crutchfield To: Holly Cuellar;Naomi Estaris;John Cromwell;Michael Anderson;Kathryn Byler;George Alcaraz;man Plumlee; Susan B.Hiooen;John H.Coston:William Parks;Michael C.Mauch;City Council Cc: Marchelle L.Coleman Subject: FW:Threat to my neighborhood Date: Tuesday,March 12,2024 3:21:00 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. I am forwarding on behalf of a resident who is having troubles sending her email to you all. She planned to come to the hearing but at 93 years old the trip and time sitting are difficult for her so she decided today not to come. Thanks for including her comments in the record. Windy C. From:Verna Brainard Sent:Tuesday, March 12, 2024 3:13 PM To:windy.crutchfieldPgmail.com Subject:Threat to my neighborhood Dear Planning Commission and City Council, I have lived in Great Neck Estates since 1978, and am here because of it's beauty, safety, quiet and natural environment. Please note that I AM TOTALLY OPPOSED to rezoning the front area of Great Neck Estates to Business Zoning. We value being part of the Suburban Areas of Virginia Beach, according to the Com[prehensive Plan. This City is, I hope, committed to enhance or maintain existing neighborhoods in its Suburban Area. Contrarily,the plan as presented significantly degrades our community and devalues properties of an established neighborhood for the purpose of serving the best interests of two private entities. If our City Zoning Code is intended to protect and promote the health, safety and general welfare of the people,you need to look seriously at the plan, as presented!!! The Code should also protect and improve the quality of the waters. This proposed plan does NOT encourage the best purposes of the land and the lake. It threatens all Suburban Areas throughout Virginia Beach by violating the zoning ordinance and the Comprehensive Plan. I believe there is a threat to my quality of life in Great Neck Estates, devaluation of my property, as well as the threat of floods when open areas are built on and paved. Please use your integrity and your commitment to improve, not degrade, my neighborhood and our City, and oppose the plan. Respectfully, Verna M. Brainard 1420 South Twin Lake Road Virginia Beach,VA 23454 From: carol watkins To: City Council;Holly Cuellar;Naomi Estaris;John Cromwell;Michael Anderson;Kathryn Byler;George Alcaraz; Bryan Plumlee;Susan B.Hiooen;John H.Coston;William Parks;Michael C.Mauch;Marchelle L.Coleman; Michael Berlucchi;ChristooherTavlor,schulmanCalvbaov.com;carol watkins;GS Passaris Subject: Opposition to Wycliffe Development Date: Tuesday,March 12,2024 4:15:14 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. Carol Watkins 2408 Pineland Lane Virginia beach, VB. 23454 Dear Mayor Dyer and city council members, My name is Carol Watkins and I have lived in Great Neck Estates for almost 30 years. I am writing this letter to express my strong opposition to the proposal of rezoning a parcel of the Wycliffe Presbyterian property to build housing and rezoning another parcel for office space. First: I understand the proposed plans are to build 5 houses on the front of our entrance backing up to great neck road. While I understand the need for more housing in Virginia beach, I feel this proposed plan would have a very negative impact by leading to increased traffic congestion in and out of our neighborhood as well as the design of these houses being build by Bishard simply are not in keeping with the character of our neighborhood or on the great neck corridor. Second:The proposed plan to add to the existing A- frame structure for office as well a widening of the existing driveway where there will be very little buffer between Lake Conrad 2 is a cause for concerns of excess runoff and pollutants from more paved areas. In conclusion I strongly urge you to reconsider this propose housing and office space as it would greatly alter the aesthetic of our neighborhood and replace beautiful green space that is homes for our wildlife. We in Great Neck love and appreciate our wildlife.At the rate our city council is going,the foxes, opossums, and raccoons will have to live in our garages. Thank you for your attention to this matter. Sincerely, Carol Watkins From: freitodd(a)aol.com To: Holly Cuellar;Naomi Estaris;John Cromwell; Michael Anderson;Kathryn Byler;George Alcaraz;Bryan Plumlee; Susan B. Hiooen;John H.Coston;William Parks; Michael C.Mauch;Marchelle L.Coleman;City Council Subject: Wycliffe Church Proposal Date: Tuesday,March 12,2024 7:43:20 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. E I have been a resident in the Laurel Cove neighborhood off Great Neck Road since 1998. 1 have just reviewed the presentation regarding the proposed rezoning and construction on part of the property currently owned by Wycliffe Church. I strongly disagree with the proposal for a few specific reasons: 1 . Adding a large area (road, driveways, buildings) of impervious surface WILL add to the burden on the storm water facilities of the series of Lake Conrads. This is counter to the statements and intent City Council made and agreed to when the funds were being discussed for storm water upgrades city wide. 2. Wording in the presentation mentions protecting the western portion of the proposed division "...to the greatest extent possible...". These few words open the door widely for encroachment and reduction or elimination of the "pond" which is a registered storm water facility. 3. The current sediment infiltration and street / parking lot pollution that has been damaging to all of the lakes will be increased and continue to degrade the water quality. 4. Great Neck Estates does not have a neighborhood park-, this area has been used for decades for recreation, appreciation of wildlife, and a place to quietly contemplate. I have reviewed informal notes after an assessment of the water quality of Lake Conrad #1 and Lake Conrad #3 was completed. Low dissolved 02 and high nitrogen and potassium are present. This project will make them worse. Having lived here since 1998 and seeing the erosion of one of the spillways, significantly increased algae and weed "islands", and informing the city when water overflows the entire dam and nothing is done is beyond insulting. I and many neighbors who are physically able to do so spend untold hours treating the invasive growth, pull literally tons of weeds and debris, and help our neighbors who are elderly in maintaining the areas they own. The city has done nothing except threaten us with fines. You have a difficult job. The developer is offering cash to offset the damage they will do to Great Neck Estates, and all residents on the lakes, yet the neighborhood will not benefit. There is much mention of maintaining or enhancing neighborhoods. How does any of this maintain or enhance the surrounding neighborhoods? Unfortunately I anticipate nearly all of you recommending approval and the City Council allowing it to move forward. After years of inaction and threats why assume anything else? To the few who do not support this I thanks you for keeping residents at the forefront vs developers. The rest of you have lost your way. From: wi1ey77Cabcox.net To: Holly Cuellar; Naomi Estaris;John Cromwell;Michael Anderson;Kathryn Bvler;George Alcaraz; Bryan Plumlee; Susan B.Hiooen;John H.Coston;William Parks;Michael C.Mauch;Marchelle L.Coleman;City Council Subject: Fwd:Great Neck Lake Development-bad for our lake,bad for the environment Date: Wednesday,March 13,2024 1:09:43 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. City Council Members: My family has lived on Great Neck Lake since 1973, and we strongly object to the planned development of the property adjacent to Wycliffe Presbyterian Church on Great Neck Road for the following reasons: 1. It will damage the short-and long-term health of Great Neck Lake which we have carefully nurtured and preserved for decades. 2. It will damage the health of the other, smaller lake, Lake Conrad, as well. 3. It will cause property values to fall in Great Neck Estates. After years of sitting on City wait lists,our lakefront property owners spent thousands of dollars each two years ago to dredge our coves to enable small boats to maneuver and for the health of the lake and the creatures in and around the lake. And much of our lake association dues go to maintaining the lake water quality, flora and fauna. Why should our nonprofit lake association incur expensive costs to repair a very small crack in the dam spillway when the development's planned parking lot(nonpermeable surfaces) and reduced vegetation buffer will cause the crack to expand, cause more erosion of property owners' yards and force more runoff and sediment into the lake? Why should we endure our consistent, diligent stewardship being destroyed by thoughtless greed and disregard for the environment? And frankly,why should we have to endure our hard-earned money having to be spent over and over again to maintain our peaceful lake?It's not right,and it's not fair. We urge you to vote to stop this development for good. Thank you. Respectfully, Pam Wiley 2221 Poplar Point Rd Virginia Beach, VA 23454 757-971-1906 From: Jamie Curran To: Holly Cuellar; Naomi Estaris;John Cromwell;Michael Anderson;Kathryn Bvler;George Alcaraz; Bryan Plumlee; Susan B.Hiooen;John H.Coston;William Parks;Michael C. Mauch;Marchelle L.Coleman; City Council;„and„ Subject: Wycliffe Development Project Date: Wednesday, March 13,2024 8:03:57 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. To Whom It May Concern, Good morning. I was hoping to attend today's meeting, but I have a pressing business obligation that will prevent me doing so. My wife and I have lived in Great Neck Estates, and we raised two boys here and this neighborhood holds a special place in our hearts and lives. I wanted to write you to let you know of our opposition to the ill-conceived development of the Red Bridge property. There are many facets of this project that do not pass a vetting of the proper channels. From the beginning this project has been shrouded in backdoor tactics. The lawyer has misrepresented himself numerous times when meeting with Great Neck Estates residents at Wycliffe Church and then again at City Planning and City Council meetings. I became clear to me that he and the developer pander to the City Council and that this relationship is reciprocal. Secondarily Wycliffe has operated as non-profit religious organization for 60 years but is now a commercial and real estate entity. Are the local, state, and federal tax accessors aware of this situation? The biggest objection is the effect on the residents of Great Neck Estates, Great Neck Manor, and the Reserve. There are well over 450 homes that will have their daily quality of life interrupted in the immediate future and the possibility of flooding in the aftermath of this development that is very concerning. And why, because an overzealous developer wants to build 5 homes and a commercial building smack in the middle of a residential area. Wycliffe church sates that they no longer need to sell the property, the residents of the three mentioned neighborhoods don't want to see the property developed and the repercussions of developing this area with no regard for flooding, traffic flow and a lack of open space for these communities is glaring. Again, hundreds of residents being impacted daily for a single developer to build 5 houses, borders on criminal. I would urge City Planning and City Council to exercise common sense and see this situation for what it is. Do not develop in this residential neighborhood. You have an opportunity to serve the people of Virginia Beach in a fair and ethical manor, please do not fail us and Virginia Beach residents. Respectfully, Jamie Curran 757-580-9052 ❑ , 'Lj R10 o o � r- R10 � o 0 0 tri p 10 0� d d yea a o R10 0� N ® Site Property Polygons Carl R. Ellis, Jr W -+ Zoning 2620 Broad Bay Road S Building Feet 02040 80 120 160 200 240 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CARL R. ELLIS, JR. [Applicant & Property Owner] Subdivision Variance (Section 4.4 (b) of the Subdivision Regulations) for the property located at 2620 Broad Bay Road (GPIN 1499688214). COUNCIL DISTRICT 8 MEETING DATE: April 16, 2024 ■ Background: The existing lot was created by deed in 1952, prior to the adoption of the City's Subdivision Regulations. Lot 8 is currently developed with a single-family dwelling. The applicant seeks to subdivide the lot into two single-family dwelling lots. A Subdivision Variance to Section 4.4 (b) of the Subdivision Regulations is needed as the two proposed lots will not meet the lot width requirement of 80 feet, measured at the 30-foot front yard setback. Proposed Lot 8A is deficient by 0.97 feet and proposed Lot 8B is deficient by 1 .49 feet. Since the Subdivision Regulations require a 50-foot right-of-way width and the current right-of-way width on this portion of Broad Bay Road is 40 feet, the applicant is proposing a 5-foot right-of-way reservation, which will be dedicated prior to the development of these lots. The proposed home styles provide high quality and attractive buildings that will be compatible with the variety of housing sizes and styles in this area. Except for the lot width, the proposed lots meet all the dimensional standards for property zoned R-10 Residential District. ■ Considerations: Section 9.3 of the Subdivision Regulations provide criteria for which City Council may grant Subdivision Variance requests. The Planning Commission concurred with Staff's recommendation of the approval of this request. The applicant has agreed to Condition 3 that the dedication for the road width will occur after the plat is recorded and prior to any development of the lots. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. Seven (7) letters of support and thirty (30) letters of opposition were received for this application. Three (3) speakers were in attendance at the Planning Commission hearing and expressed concerns that the new homes will change the look and feel of the neighborhood, decrease property values, and affect the privacy of surrounding neighbors. Carl R. Ellis, Jr. Page 2 of 2 ■ Recommendation: On March 13, 2024, the Planning Commission passed a motion to recommend approval of this request by a vote of 8 to 2. 1. The applicant/owner shall submit a subdivision plat to the City of Virginia Beach, subject to the review and approval of the Department of Planning & Community Development prior to the recordation, which shall be in substantial conformance to the submitted exhibit entitled "PRELIMINARY SUBDIVISION OF LOT 8 BROAD BAY COLONY," prepared by Gallup Surveyors & Engineers, dated April 13, 2022, a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning & Community Development. 2. The exterior of the proposing residential dwellings shall substantially adhere in appearance, size, colors, and materials to the elevations entitled " PROPOSED TWO STORY FRAME SINGLE FAMILY DWELLING PREPARED FOR RICK ELLIS LOT 8X, prepared by Fentress Home Design, dated 7/11/2022, " PROPOSED TWO STORY FRAME SINGLE FAMILY DWELLING PREPARED FOR RICK ELLIS LOT 813", prepared by Fentress Home Design, dated 7/11/2022, and renderings entitled "ELLIS — LOT 8A — 1-17-2024" and "ELLIS — LOT 8B — 1-17-2024", which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 3. The applicant shall reserve for dedication to the City toward making Broad Bay Road a minimum 50 feet wide. Said reservation for future dedication shall be a minimum of five (5) feet wide along Broad Bay Road that fronts the proposed lots, and the dedication shall be completed prior to the development or redevelopment of any of the proposed lots. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Letter(s) of Support (7) Letter(s) of Opposition (30) Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager:r#P AgendaApplicant& Property Owner Carl R. Ellis, Jr. Planning Commission Public1 B • • ' Vol— City 1 Virginia Beach Request Subdivision Variance (Section 4.4(b)of the Subdivision Regulations) Staff Recommendation N O O O d f Approval ° sq'�cwll Road Staff Planner ,r Marchelle Coleman 1, Location 2620 Broad Bay Road GPIN 1499688214 Site Size 26,681 square feet AICUZ � Less than 65 dB DNL Watershed ` Chesapeake Bay Existing Land Use and Zoning Districtd �. Single-family dwelling/R-10 Residential Surrounding Land Uses and Zoning Districts . .,. :.. �l,y "—'' s.► i 4 North Single-family dwelling/R-10 Residential South Broad Bay Road Single-family dwelling/R-10 Residential M` East f •� �: ', �^ ,, Single-family dwelling/ R-10 Residential " o I r West Single-family dwelling/R-10Residential 2� pd � • Carl R. Ellis,Jr. Agenda Item 10 Page 1 Background SummaryofProposal • The subject lot is zoned R-10 Residential District and is currently developed with a single-family dwelling.The lot was established by plat in March 1952 (M.B. 29, PG.48), prior to the adoption of the City's Subdivision and Zoning Ordinances. • The applicant seeks to subdivide the property to create two residential lots. While both lots would meet the 10,000 square foot minimum lot area requirement,the lots will not meet the lot width requirement of 80 feet measured at the 30-foot front yard setback. Therefore, a variance to Section 4.4(b) of the Subdivision Regulations is required. • As shown below,the proposed lots, Lots 8A and 86, meet the dimensional standards for properties in the R-10 Residential District, except for the minimum lot width requirement. Required Proposed Required Proposed ProposedMinimum Minimum Street Line Street Line Minimum Proposed (feet) (feet) (feet) (feet) (square feet) Lot 8A 80 79.03* 64 85.02 10,000 12,757 Lot 86 80 78.51* 64 84.77 10,000 10,924 *Variance Requested 0 Zoning History # Request \-A ,�� Q, �� 1 SVR(Creation of new lots without direct access to public street)Approved 01/22/2002 2 SVR(Lot width reduction)Approved 05/13/1997 3 SVR(Creation of new lots without direct access to public w•_ 5 Rtz1 street)Approved 01/28/1997 rrc Application Types CUP—Conditional Use Permit MDC—ModificationofConditions STC—Street Closure SVR—Subdivision Variance REZ—Rezoning MDP—ModificationofProffers FVR—FloodplainVariance LUP—Land Use Plan CRZ—Conditional Rezoning NON—Nonconforming Use ALT—AlternativeCompliance STIR—Short Term Rental Evaluation • • • Section 9.3 of the Subdivision Regulations states: No variance shall be authorized by the Council unless it finds that: A. Strict application of the ordinance would produce undue hardship. B. The authorization of the variance will not be of substantial detriment to adjacent property, and the character of the neighborhood will not be adversely affected. Carl R. Ellis,Jr. Agenda Item 10 Page 2 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 request to address the reduction in lot width for Lots 8A and 8B is, in Staff's opinion, acceptable.Staff believes the proposed lots will not be out of character with the surrounding area and finds the variance request to be compliant with the conditions of Section 9.3 and consistent with the Comprehensive Plan's vision for the Suburban Area. Development within this area focuses on creating and maintaining great neighborhoods.Achieving this goal reflects on the ability for developments to maintain and enhance the existing neighborhood,to be compatible with surroundings,and provide quality and attractive buildings with effective buffering and livability. Staff finds the proposed buildings to be high quality and attractive. Condition 2 is recommended to ensure that the design and exterior building materials shown are developed in substantial conformance to the elevations, as conditioned. As stated previously, it is the intent of the applicant to subdivide the 23,681 square foot site into two lots for the development of two single-family dwellings,which requires a variance to the lot width requirement of 80 feet. Proposed Lots 8A and 8B meet all the dimensional requirements of the Zoning Ordinance for the R-10 Residential District, except for the lot width requirement, both of which are just shy of the required 80 feet. Section 4.1 (m) of the Subdivision Regulations, requires a 50-foot right-of-way width; however, the existing right-of-way is currently 40-feet wide, as originally platted in MB 29, PG 48. The applicant has agreed to provide a five-foot right-of-way reservation, as noted in Condition 3. The applicant is agreeable to this condition that the reservation for the road width will occur and will take place immediately after the plat is recorded and prior to any development of the lots. A reservation for this future dedication will be shown on the subdivision plat. Based on these considerations,Staff recommends approval of this request with the conditions listed below. Recommended Conditions 1. The applicant/owner shall submit a subdivision plat to the City of Virginia Beach,subject to the review and approval of the Department of Planning&Community Development prior to the recordation,which shall be in substantial conformance to the submitted exhibit entitled "PRELIMINARY SUBDIVISION OF LOT 8 BROAD BAY COLONY," prepared by Gallup Surveyors & Engineers, dated April 13, 2022, a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning&Community Development. 2. The exterior of the proposing residential dwellings shall substantially adhere in appearance,size, colors, and materials to the elevations entitled " PROPOSED TWO STORY FRAME SINGLE FAMILY DWELLING PREPARED FOR RICK ELLIS LOT 8A", prepared by Fentress Home Design, dated 7/11/2022, " PROPOSED TWO STORY FRAME SINGLE FAMILY DWELLING PREPARED FOR RICK ELLIS LOT 813", prepared by Fentress Home Design, dated 7/11/2022, and renderings entitled "ELLIS—LOT 8A—1-17-2024"and "ELLIS—LOT 8B—1-17-2024",which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning&Community Development. 3. The applicant shall reserve for dedication to the City toward making Broad Bay Road a minimum 50 feet wide.Said reservation for future dedication shall be a minimum of five (5)feet wide along Broad Bay Road that fronts the proposed lots, and the dedication shall be completed prior to the development or redevelopment of any of the proposed lots. Carl R. Ellis,Jr. Agenda Item 10 Page 3 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 • . . • 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. ResourcesNatural & Cultural • This site is located in the Chesapeake Bay watershed.There does not appear to be any significant natural resources or cultural features associated with the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Broad Bay Road No Data Available 1 No Data Available Existing Land Use Z—10 ADT Proposed Land Use 3—20 ADT 'Average Daily Trips Z as defined by one single-family 3 as defined by two single-family dwelling dwellings Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Broad Bay Road is a two-lane residential street. No CIP projects are planned for this area. Public Utility Impacts Water Each proposed parcel must connect to City water with a separate and exclusive water service line and meter.The existing water service line may be reused or must be abandoned.There is an existing 12-inch City water main along Broad Bay Road. Sewer Each proposed parcel must connect to City sanitary sewer with a separate and exclusive sanitary sewer lateral and cleanout.The existing sanitary sewer lateral may be reused.There is an existing 10-inch City sanitary sewer gravity main and a 6-inch City sanitary sewer force main along Broad Bay Road. Carl R. Ellis,Jr. Agenda Item 10 Page 4 Public Outreach Information Planning Commission • The applicant reported that they met with the surrounding property owners. 8 letters of support have been received by Staff. • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on February 12,2024. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, February 28, 2024 and March 6, 2024. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on February 26, 2024. • This Staff report, as well as all reports for this Planning Commission's meeting,was posted on the Commission's webpage of www.VirginiaBeach.gov/pc on March 7, 2024. City Council • As required by City Code,this item was advertised in the Virginian-Pilot on Tuesdays,April 2, 2024 and April 9, 2024. • As required by City Code,the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on April 1,2024. • The City Clerk's Office posted the materials associated with the application on the City Council website of https://clerk.virginiabeach.gov/city-council on April 12, 2024. Carl R. Ellis,Jr. Agenda Item 10 Page 5 NOW ORf ORMENLY NOWOR FORMERLY ANNA 5 MELICHAREK JON R.FLOYD • LIVING TRUST I N 2mo0,]000011M64D N 3p310JofFpoo LOT 10.BROAD BAY COLONY LOT 7,BROAD BAY COLONY .5 24,PG." NB,9.PG 4B -IN:I.Ww MI TT P GPIN 5469-B41A lY N 88'10'Dt'E ]Y / VIODWA.OWOR FORMERLY Rf 3 DUBRNSKY 8 CAROL E.DLM31NSKYNDA FLoa�zONE AE In A" (EASE 7 FEET) _ _ .SfTE LOT B.SUBDIVISION OF LOT 24. i Rp END ID --. .. BROAD BAY POINT NOW OR FORMERLY M B.o.Pc.O $'0 OE NNIS JAMES JAN UCHOWSKI3 GPIN,HR2 17 E HALLE MCCLELLAND JAN JCHOWSKI IN 2021000MOOe SITE OAT1 OWNER GRL RICHARD ELLIS,JR. �J! — LOT 11A.SUBDIVISION OF LOT 11, ' 2820 BROAD BAY ROAD 37+ BROAD SAY COLONY VIRDMIA BOALH,VIRGINIA 23451 F FLOOD ZONE X / M B.3 PG.1 (757)319-TRea - P.1499-•A214 crickMII.pllYchOgmat!.cam IDCATTAI lMP .SCALE: 1'-2,000' 'aN� 2. GPIN: 1499-ee-8214 / aR 3. ZONEb R-10 EX'I1610 FROM SETBACK: 30 FEET / REAR SETBACIN 10 FEET RFiVN SETBACK 20 FEET MNWM LOT AREA: 10.00E SF STREET LOT WROTH 80 FEET STREET LEE FRONTAGE 84 PERT AIIIyNABIE LOT COVERAGE:30 PERCENT 4. LOT AREA, NOW OR FORMERLY LOT 8A 12.757 SO.FT. 0.293 ACRES Z LOT RR 10.921 SO.Fl- n_]51 1T:RFS PARKER S.JARVIS d S N Do° \ TD7AL 23.681 50.F7. 0.544 ACRES LAURA C.CARREL 5. THE PROPERTY JJ�1 S FALL IN A SPECLAL FLOOD HAZARD AREA AS SHORN ON THE N.301T063600p)HU40 E h FA AS FEDERAL EMERGENCY MANI"LIENT AGENCY.NAWONAL FLOOD INSURANCE PRCGRAM, LOT 25 BROAD BAY POINT E FLOW INSURANCE RATE MAP FOR THE CITY OF VIRGIFM BEACH.COMMUNITY PANEL lYS 22 PG M MEMBER 515531-004.3 G.DATED JAN ARY 16 2015.THE PROPERTY FALIS IN FLOODGPIN:1F99.BA2193 �y�OQ.4 A00 ZONES X R RE(EL=7.0). T- ,W �.� Jo 6. THIS SITE UES W'THIN AIRCRAFT ACCIDENT POTENTIAL ZONE NLA AND/OR NOISE I / ZONE S)<80 Ob LGn AND MAI'BE SUBJECT TO AIRCRAFT ACCIDENTS AI16 AVERAGE"'I LEVELS DUE TO ITS PROXIMTY TO AIRPORT OPERATIONS. / ^O NOISE ATTENUATION MEASURES FOR NEW CONSTRUCTOR MAY BE REWIRED IN w4 ACCORDNCE'ATTH THE AIRPORT NOISE ATTENUATION AND SAFETY ORDINANCE AND TATI /•d' \ HEIGHT RESTRICTIONS HAVE BEEN IMPOSED IN ACCORDANCE WITH SECTION 202(b) 21 pi OF THE CITY ZONING ORDINANCE. o ' bq t� 7. THIS PINT WAS PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT AND MAY NOT b .!O' DE ALL MATTERS AFFYCRNG THE PROPERTY 5H0RN MREOFI. fj C �1 8. THIS PLAT IS A COMPILATION OF DEEDS AND WODMSION MT OF RECORD MA A DOES NOT REPRESENT A MELD SURVEY. 9. CT'WATER A SEWER 5 AVAILABLE TO THE SITE ".4VIO e _ PRELIMINARY eµ0►9g SUBDIVISION OF APPRO%RM1F LOT e EDGE OF WATER BROAD BAY COLONY we 26 ' COVE `AFOEIA BEALH,R.YIRGEM SCALE. 1>•30' APRIL 13. 22 REVISED; G.FEBRIURY G.2024 D () = �F„wrNN k..HQ0 9 Otl GALLIIE (D � I nN LI•rn I �oRM�� vW,4RA IV4lvIRO RRn.M � � mYH+1,o:,YrwAas ru SNEEr I OF a (D O'3 O 71 NOW OR FORMERLY WIWOR FORMERLY ANNA S MELICHAREK JON R.FLOYD LIVING TRUST N.2o2o0130000,owea IN 2021 OJOaa' q LOT 7,BROAD BAY COLONY LOT 10 BROAD BAY COLONY N.B 15 PG u 'AB M.P, Aa cP N,asae-N41 N m BS.E6 NOW OR FORMERLY DAVID A.OUBINSKY a CAROL E.DUBINSKY �5� �'S76 I • FLZ 2�AE • IN.m,e122eoo1osoaao • v c (eAa 7 FEE7) LOT 8,SUBDIVISION OF LOT 24. : $ LOT EB t$� BROAD BAY POINT $ IPROpOSEDI }"�1 °I NOW OR FCAMERLY MB./7.PG.M 12'RtV 4m DENNI$JAMS JANUCFgWSKI& GPM:,.,a,a.a�„ { LOT$A \ E I PORCH HALLE MCCLELLAND JANUGHOWSKI 2W,00004= tE ,lAr LOT 11A.SUMWSION DF LOT 11. PF40POSED BROAD BAY COLONY F1A00 20NE% / 2_yDpry M.a MIL PG I RESIDENTS 1 GRIN:11MK13n E'R12' I r, / N1t2 PORCH PORCN p o / I s. •I NAT N1M P0.OPOSEl1 y\ 1 2—SIDIR,' I. RESIDENCE E112' PORCH i'p / NOW OR FORNEREY —-.'I. CDMCR/EIE PARKER S.JARVIS 6 $l _1 oRNnwr LAURA C.CAHILL ' IN mlmaaaoonosw a LOT 25,BROAD BAY POINT -1 5 PG.is GPIV.Rf.I4aaan Or,saa �' 1�27.OE' CONCRETE P m = 1Y! �— V eAY eQIa yD 1AP � PRELIMINARY SUBDIVISION APPROXNATE OF EDGE OF WATER LOT 8 BROAD BAY COLONY D COTE M B 29.P 3.a IM VIROINM BEACH.ORG.. (D CU 5^.N.E: 1'—w' APRIL 13.2022 � � 4aPM1i<:sN< C20 30 ISO O9O GALLUP D) I t >_ .IF FF . all11VEYORa E EMTMNEERa r-F IT 1 iYA-.&d 5lIECT 2 OF 1 (D 0 j Proposed Building Rendering for Lot 8A r i . L 0 r &EVFTq - , fLEYA 1B M EtEVA,K. F V WSED L3T SfE 9fYA F k NTRf S>r`iw�iC r GN RppPpyEO ilq 5i0Ri.RAn= �•riM OIICA£FrMILLY DREL UxL M�11,�M=w1>- RCC ElllS lot gA �_ Carl R. Ellis,Jr. Agenda Item 10 Page 8 Proposed Building Elevation for Lot 8B r ? f i Y 0� V111111fl.�.V,1I,Ullil l � � I 1�1 i � �I(�VIVI�UIIIIVIIIIIII I � — IIIIIIIINMI81 - In tirmin Ink �. : 0 i ••■ �` �■•! VIIIVIhIII r I t p: t _ Site Photos p, Off 711 a Carl R. Ellis,Jr. Agenda Item 10 Page 10 Disclosure Disclosure Statement City fti Planning&Community 4 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 Carl R.Ellis,Jr. 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) • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) "Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101, '"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities" See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Carl R. Ellis,Jr. Agenda Item 10 Page 11 Disclosure Disclosure Statement D Planning&Community ys Apr 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 0 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. PNC Bank 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? EJ 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?Cl Yes i 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 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?D Yes 0 No • If yes,identify the purchaser and purchaser's service providers. Revised 11.Q9.2020 2 _ Carl R. Ellis,Jr. Agenda Item 10 Page 12 Disclosure Disclosure Statement Cirgoft'iryemltlmfi r Planning&Commun' 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?N Yes Ll NO It yes,identify the company and individual providing the service. Metro Associates,Inc.,Frark Stegemann - ^^+^c rho an:�Fr�nr h��n�an?nairtpnr/rr:rvr--::rr!zccrt in r-nnn r^Nnn a+ith the aihipr•t nt the annliratinn nr 1mr hr.cinpcc operating or to be operated on the property?I1 Yes ❑ NO • If yes,identify the firm and individual providing the service. Gallup Survevors, David Butler 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?®Yes ❑ NO e if y— id—lily thy*firm A indivi,'wA nr ,,Hinn the spmi— R.Edward Bourdon,Jr.,Esq.,Sykes,Bourdon,Ahern&Levy,P.C. Dnnlirart Van:1t4'ro 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 mfnrmvfinn nrry irir.:t h—in f-.---k,nrinr fr.Shp mrt cti—of Pl�nninp('—;—inn rite t'nnrr;l VgnQ r-SPet IA,Ofpndf Rn.;rrl or any public body or committee in connection with this application. — ��ca6*I— - Appirl A 3"Ji'wtt ae C.Rkk fills Print Name and Title S/7t/77 Date Is the applicant also the owner of the subject property? a Yes ❑NO 6 If vpe vn<e ein not naed to fill not the nwnor di-rin5urp afatpmpnf FOR ONLY/ that pertains to the applications ryP �a,hana��f Dace 3/26/2024 "°`°.� aatl Name 1 Marcheile L. Coleman j Revised 11.09.2020 3 1 P af,,e Carl R. Ellis,Jr. Agenda Item 10 Page 13 • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-5692. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division,and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Carl R. Ellis,Jr. Agenda Item 10 Page 14 Virginia Beach Planning Commission March 13, 2024, Public Meeting Agenda Item # 10 Carl R Ellis, Jr RECOMMENDED FOR APPROVAL Madam Clerk: Okay, our next agenda item is agenda item number 10, Carl R. Ellis Jr., a subdivision variance of section 4.4(b) of the subdivision regulations at 2620 Broad Bay Road in District 8. Mr. Bourdon: Madam Chair, members of the Planning Commission, Eddie Bourdon Virginia Beach attorney represent Dr. Carl Ellis Jr. who's the applicant on this case. I have given you all, provided you all a lot of handouts. I think it's extremely important that you take a moment or two to review them. I'm going to discuss them with you. But start with very simply, Ms. Ellis has owned this property for many, many years. It is a parcel that was created on the original subdivision plat of Broad Bay Colony, which I've given you a copy of. It happens to also share its western boundary with a prior subdivision, different subdivision, different development called Broad Bay Point, and at that, where the two come together, the two parcels that were developed by separate developers on separate flats, you'll notice that the road, which I've circled on that plat in orange makes an extreme immediate turn to the northeast, and not even a turn, and creates a situation that is really the contributor to the need for this one de minimis little variance. You'll note that the two lies to be created both exceed in one case by 2,750 square feet, and the other by 924 square feet, the minimum lot size. The street frontage, you will also note 85.02 feet and 84.77 feet. It is only at the setback that one is a little less than a foot short, and the other is a little less than a foot, and a half short, but the lots are well, much larger than, than the 10,000 foot requirement. The homes are very attractive. They're also will be expensive, and they're also in keeping with the redevelopment that has been occurring over decades in both Broad Bay Colony and Broad Bay Point. Staff recommendation is acceptable. The conditions are acceptable. Most importantly, this is what has been an ongoing redevelopment over many, many, many years. You will note on what I handed out to you, a lot of lots that are, outlined in yellow, and have either the 1, 2, 3 for the 3 that were the 3 subdivisions, 1 being a 3 lot, other two being 2 lot, re-subdivisions that were done from the original platted lots, and the others labeled A through G being subdivisions of existing original lots under these plats that were subdivided into two lots of which there are I believe 22. There are 22 current lots just on this little postage stamp on the composite map. That are highlighted, that were subdivisions of the original parcels as platted in in the plats that I gave you, and I've highlighted those original on those two plats as well. This is absolutely the way that the newer, more valuable homes have developed at, and not on slabs, but up, and let me hasten to answer a question that was asked this morning. This property, the only CVPA impact is on the front. Of the property, not where the houses are to be built. There's no RPA encroachment at all with these two lots. The property next door, I've labeled G, and I've provided you with the subdivision plat of that property that was done in the year 2000. That piece of property had just barely 20, 000 square feet, and two lots that were created that just barely get over the 10,000 square feet. Very, very much similar to these only smaller. No right-of-way dedication or reservation, even though the subdivision order is the same then as it is now, was required. Had it been, they wouldn't have had, 10,000 square feet per lot. The lot that's labeled one, the two lot subdivision there, there's no road frontage. That was a variance for that one. The variances on lot two, or the variance on lot two was for a 70 feet lot width, instead of a 80 feet lot with granted, and again the three, which is kind of off the side Bay Road that also was a lot frontage variance to not lot frontage, on a public street. So, the notion that this is somehow, I'm going to set some precedent, not at all. This is the type of organic redevelopment that we're blessed in the City of Virginia Beach to have. This property has been zoned R-10 since we got, since we've had zoning. It just so happens that it was platted before we had zoning or subdivision ordinance, if we'd had a zoning and a subdivision ordinance, the issue with the starting of this plat, and the road the way it begins, which creates the problem would not have occurred, but we didn't have a subdivision ordinance when these subdivisions were put to record back in the early 1950s, but the simple fact of the matter is there, of the people who, and I've given you petitions of folks who are in favor of this application, the folks who've given you opposition, 13 of those people that y'all had the map bought this morning with the stars, 13 of those are on lots that are re-subdivisions of original lots, and these roads are not 50 foot roads on Bay Island, they're narrower right of ways, and the value difference is incredible. The property adjacent that I've listed is G. It's given you the addresses, and it's got, it's got actually a picture of both of the houses. The original, before it was subdivided into two lots, the land was valued at 100,000, just the land, and the, the year after it was subdivided, each lot was worth 130,000 or 260,000. The houses on those lots today, the lots are worth 400 or assessed at $431,000 to $432,000 each, and the total values are $790 and $770. The lots at number two, those lots are all and the houses are all well over a million, and when the property was subdivided into three lots, the value of the whole thing was in the mid-four range. So it's organic redevelopment, and the houses that were built originally have zero stormwater. There was no stormwater ordinance for many years after these plats, even after we had zoning. So the redevelopment, as it's been occurring, at least on those lots, there is, and they will be required for quality reasons, for stormwater quality, they will have to implement BMP's for that. They're not on site holding of the water, other than to meet the quality requirements. So that's another benefit. So there will be stormwater quality benefit, by the redevelopment of this lot, just as been the case with the majority of the other ones that are noted on the exhibit I have passed out to everyone, and so just to be clear, when I read this petition, there's a lot of things in there that are just not factually accurate with the history of these properties, and these two subdivisions on the Bay Island, and these will be high quality homes that will not do anything other than. The negative is, it continues to increase in property values, and the taxes that along with it. I will be happy to answer any questions? Ms. Cuellar: Thank you. Are there any questions? Mr. Mauch? Mr. Mauch: How many of the 22 previously subdivided lots are opposed to subdividing? Mr. Bourdon; There're 13, that I counted on the map, because I had all those map. There were 13 of those including Ms. Black, who subdivided lots directly adjacent to Dr. Ellis. Ms. Black tried to get Dr. Ellis to provide her with some additional land because the initial survey that she had done on her property actually indicate that she had less than 10,000 square feet. Then she had another surveyor go out and survey it to determine that she had a little more than 10,000 square feet, but Dr. Ellis knew that, you know, if he was gonna subdivide what she planned on doing he needed every inch of the width, so he couldn't give her property off of his east side, so she would have 10,000, but then, a surveyor certified that she did have 10,000, a little over 10,000, but that was without having to do any right-of-way dedication, which Dr. Ellis is able to do. Mr. Mauch: Maybe this is for staff, but with what he's provided about this being done before a President already being there? Is that the case in your eyes? Ms. Cuellar: I don't have a copy of what was provided because I wanted to make sure there was enough for the group. Mr. Mauch: You can answer that question after review. You don't have to wait. Seems like Commissioner Byler might have a question in the meantime. Ms. Cuellar: Commissioner Byler. Ms. Byler: Attorney Bourdon, you indicate if I heard correctly that there were 13 other lots of this, and they're now opposing, but in fact, they're sitting on redeveloped lofts, correct? Mr. Bourdon: Thirteen of the people who sent in the form letters, they all sent in, are people who live in houses on lots that were created by dividing the original lots. Ms. Byler: Previously re-subdivided. So are all 13 of those lots that did not meet the minimum 80 foot width requirement? Mr. Bourdon: No, I didn't suggest that. I didn't suggest that. It's a character of the neighborhood argument, and that they'll devalue, that there'll be cheap lots, that those, that are set forth, but there are three just in this area. There are others, there are others on Bay Island. These aren't the only three that were approved, these subdivisions that were approved with variances either. There are other, this, I just used this --just this little subset. There are plenty more. I didn't do the whole, you know, the whole Bay Island. This was sufficient to show that it's, it's in character with and it's, again, it, these lots, you know, these two lots are well over 10,000 square feet versus, and that's with giving the city a right-of-way, you know, dedication,which couldn't be done next door. They wouldn't have had -- they wouldn't have had 10,000 square feet, and these are lot. Ms. Byler: Right. So they're in excess of the square footage requirement, but they still do not meet the 80 feet width requirement. Mr. Bourdon: Don't meet the 80 feet width at the 30 feet setback. Ms. Byler: I just wanted to make sure we weren't-- that we were comparing different items because they're not the same. Those 13 who objected. Mr. Bourdon: People are free to object. I'm no one suggesting, that I didn't say they couldn't object. I simply said that the basis for their objections stated in their form letter isn't accurate. These aren't cheap lots. It's not changing the character of the neighborhood. They're -- it's been going on in this neighborhood for decades, and will continue to. Ms. Byler: It's just that these lots don't meet the 80 feet required minimum. That's the distinction. Some have been approved with variances because they don't meet street frontage or lot width. Not just these three that are shown in, that the city has noted in that area, there are others on the island that are in the same. Whether or not anyone, and I didn't look. I mean, it's possible. I don't recall trying to make the determination, I was looking in there, and you had the red stars up there, but actually, I do think that I am pretty sure, one of them, but I had to look at the map with the red stars with the one they got the 70 foot, the lot, not the person objecting, that has the lot with the 70 feet frontage instead on the opposite side of Broad Bay Road. Ms. Cuellar: Any other questions? Madam clerk, do we have any speakers on this item? Madam Clerk: Yes, ma'am, we have Stacy Lawler, followed by Robert Lawler. Mr. Lawler: Good afternoon Planning Commission. My name is Rob Lawler. I'm a homeowner at 2032 Long Creek Road in Bay Island. I live within 500 feet of the proposed variance request to allow for the subdivision of a lot at 2620 Broad Bay Road to build two homes. I am here to strongly oppose the subdivision and variance requests. I believe, and my neighbors believe, this request sets an incredibly poor precedent for all planned neighborhoods in Virginia Beach. All zoning laws are enacted for a purpose, and this is especially true, for residential neighborhoods. When these laws are not protected, it compromises the reason people purchase and invest in their communities. The existing lot minimums are in place for a reason. When you start compromising with variance, especially when it's significant, it's building two homes on a lot zone for one, you put the integrity of all neighborhoods on a slippery slope. It is very important to note, 30 neighbors within 500 feet of 2620 Broad Bay Island are very much opposed to this variance request. Conversely, there is one residence within 500 feet in favor. Simple math, 30 against, 1 in favor. All viewers sent copies. A Form Letter that was personally signed, read, and commented on by the 30 people post this variance request. These letters were mailed to Marchelle Coleman, Planning Development City Planner, Virginia Beach on March 7th. Ms. Coleman said she would forward these letters to the Planning Commission, and City Council for review prior to this meeting. I'm assuming you all had a chance to review them. A few, or in this case, the one, should not take precedence over the vast majority of neighbors near the property who opposed this variance request. It's a simple argument. The laws are the laws. Zoning laws are in place for a reason, and I'm asking, on behalf of myself, and the 30 people opposed to this variance, to simply maintain the integrity of the established zoning laws in place. Thank you for your time. Ms. Cuellar: Thank you very much. Madam Clerk: Beth Dubinsky, and Dennis will follow Beth. Ms. Dubinsky: Hello, my name is Beth Dubinsky, and I live at -- my husband and I own 2030 Long Creek Road, and it is adjacent to 2620 Broad Bay Road. The handout that I'm giving, Mr. Ellis Rick's house is in the middle. The Jarvis's house is next to the White House, and then my house is the one that's pinned, so the majority of my backyard butts up next to Rick's backyard. Both my husband and I, we strongly oppose this request for the zoning variance to subdivide the property. I've only been on Long Creek Road since about 2016, and we were drawn to the property because of the charm of the neighborhood, and the privacy of the backyard. I respectfully disagree that the way of the neighborhood is keeping those, you know, half acre lot, people are bulldozing and building new, which is exactly what my husband and I did. We moved into a house that was built in 62, bought it from the children of the original owner, and much to our surprise, the none of the wiring, and the plumbing was up to code, so we had to do something. We didn't even think to subdivide our lot. We wanted to keep the integrity of the neighborhood and our privacy. I think it is an expectation that when you buy a piece of property in an established neighborhood such as Bay Island, that the property lines that have been there for decades will remain the same. Our backyard, like I said, does directly face Mr. Ellis's backyard and the proposal that he has to put the houses on there is going to, this two story house is going to directly overlook our backyard, and I know that some houses are like that, and that they buy, you know, but that's not the piece of property that we bought, and there's no guarantee how far back on the property he's going to go. I know in the letter that he sent to, you know, walked around the neighborhood, he said that he was going to set the houses as far back as he could on the property, that's going to be right up to my backyard. I would also like to point out that six of the seven letters in support of the variance request live quite far away our pieces of property. There, you know, some of them are almost a mile away, and that's not gonna affect their daily life and their property. When they go out and sit in their backyard, they're not gonna worry, you know, someone staring down at them. That's about all I have to say, and I just appreciate the time today to speak and have you listen to my thoughts on this issue. Ms. Cuellar: Thank you very much for being with us. Any questions? Madam Clerk: Our last speaker is Dennis Janikowski. Mr. Janikowski: Good afternoon. I'm Dennis Janikowski. Thank you for hearing my perspective today. I am one of the people that is on the next door. I live next door to Rick Ellis. I'm on the subdivided lot that Ms. Black separated years ago. Interestingly, on our size of our lot, there's no windows on the side that were so close to Barbara Black, but on the side of the house facing Rick Ellis, we've got bedroom windows, kitchen windows, living room windows. So part of our personal concern is for our privacy. I have passed out a few things that are maybe also discuss what the lawyer had brought up. For one, I think when you, we bought on the island because when you drive around there, it has character. There's one road in, one road out. The Planning Commission details did not discuss traffic, but the city's been studying traffic and speeding on the island for the last 20 years, and it's a problem. They're about to put in eight speed tables in our neighborhood. So more density in our neighborhood is not super desirable to a lot of people. That's why I think we focused, we went around and with the "Form Letter" and asked the neighbors, the only neighbors within 500 feet. We didn't go out to friends and family that are somewhere else in the neighborhood, and 30 people said that they were opposed to this. They did not want increased density. They did not support the idea of dividing lots. So one of those handouts has just probably the same thing your stars had, but it was reflecting how many people within 500 feet that answered the door because not everybody, the other people didn't oppose only one person. There were two people who opposed, one of them changed their mind, and rather supported. One changed their mind and opposed later on. When it comes to the division of plats that the lawyer brought up, that may be true, or I believe it's true, but I don't know when that happened, but if you drive around the island today, you will see that there are certain homes that it looks like, yep, that's a split lot. One of those handouts that's in there is, I think it's 2000 White Hill Road, and 2029 Hackberry. That's an example of a typical what people are doing when they split the lots. When we moved into the island in 2003, we've been there 24 years. In 2001, we were told there were 384 homes on the island. I've heard recently that there's 410. 1 can't verify that, but it does say that there has been some precedent for splitting homes. What you normally see when people split homes is they split it with a pretty big nicer home, or they knock down a ranch, and they put a pretty big nice home on that ranch. One of those drawings, I think the context if you just look at the plat that he's suggesting or wants to build on, it doesn't consider the lots that are next door or nearby. So I ask a CAD expert to draw that. I wanted to see what my land and my house looks like right next to his, in part to understand the privacy implications, the flooding implications, what we might have to do to put up landscaping. So we're not looking into their yard, et cetera. Part of what we see in that drawing is a place in our yard. We're like the low part of the saucer bowl. Where we have flooding is kind of right up close to where his house is. So, if they raise the land or if water is not dripping through the way that it does today, we risk increased flooding to our piece of land. I know we're going to have to put in landscaping and suffer costs if we need to, add to the privacy that we have today. So those are personal impacts. Most of what I've been thinking about over the last weeks, and as I talked to all the neighbors was the precedent to the neighborhood. One that drawing that has my house, and the two of his, you will see at least from a Square footage of the footprint of the property. Ours is like 22,00 square feet, and the property adjacent to us would be 1 ,530 square feet. So that's about 70%. That's also 70% of what he has on the property today. So, it's not putting a nice big house in there, like is the precedent that I'm used to seeing on the island. Thank you very much. Ms. Cuellar: Thank you very much for being here. Excuse me, we have a question. Commissioner Plumlee. Mr. Plumlee: Do you know if there's any private covenant restricting these lots from subdivision or to a one-single family home? Mr. Janikowski: I don't know if I said in my intro, but I'm an IT guy who happens to live next door, and cares about our neighborhood, and I don't know about that. Mr. Plumlee: But with regards to your title when you bought your house, you don't recall there being a covenant saying this is restricted to one dwelling on this one lot? Mr. Janikowski: No, but I mean, our yard so there was commentary about 20,000 square feet that got divided into two pieces and, both being, I guess, just barely above 10,000. We think rules are rules, and if it's 10,000, it's a good enough, if the minimum wasn't good enough, it wouldn't be the minimum. Mr. Plumlee: So it's not subdividing, it's just simply the size of the lot. Mr. Janikowski: On our lot, I think you're asking. Mr. Plumlee: With regards to this proposal, I don't want to mistake you. You're saying, you object to it subdividing because of the size of the lot, not because of the actual subdivide, was that fair? Mr. Janikowski: We object to the division of the lot because it's not meeting the code. There's no homeowner's association to enforce what is supposed to happen about the look and feel of our neighborhood, except for the zoning laws. He does not rneet the frontage requirement. There was commentary that we don't meet the frontage requirement, but that must not have been a requirement when our house was built, so I can't do anything about that. Mr. Plumlee: Understood. Ms. Cuellar: I think we needed this back. There's a little note. Madam Clerk: That was our last speaker, Madam Chairman. Ms. Cuellar: Thank you very much. Madam Clerk, did you say that was the last speaker? Okay, thank you. I'd like to open this up for discussion. Mr. Bourdon: So just to be clear, there is no, there are no deed restrictions that restrict the division of lots in either of these two original neighborhoods, and these homes that are proposed will meet all setback requirements, and they don't exceed or even get to the height limit. The issue or the concern about, somebody being to look into your backyard that exists everywhere, and there's again, there's nothing non-conforming about these two lots, other than the width at the 30 feet setback, which is caused by the way the road was platted, which is a hardship, and it's unique to this piece of property. These issues sometimes, unfortunately, turn into popularity contests, but land use isn't a popularity contest. The fact that Dr. Ellis is not building a super large house, is then used as an objection. I don't quite get that. He could have built a bigger house, and have more rooms looking across the fence, or whatever the case may be, but the orientation, and the gentleman who spoke his, where he lives was one of the last that was subdivided. I don't believe, and I didn't assert that it didn't meet the lot square footage, nor the lot width from my, from what I understand. It's one on the opposite side of the street from him that that's the case, and didn't have the frontage on the street. There's been a varying interpretation over the years as to whether these streets, the side streets or public streets or not, and that's one of the reasons why there are a whole lot of variances on the island that aren't just shown here, because they, for many years, were not treated as being public streets. So, you're getting variances to split lots that didn't even have frontage on a public street, because the City didn't maintain them because they were way below the required width the street. That's not the case with this application at all, and as is demonstrated this issue that it's somehow going to be, you know, other than privacy, which isn't something that land use doesn't give you the right to restrict, what someone else can do on their property that might look into or be able to see whether they're looking or not, is irrelevant into your backyard. So, staffs recommendation is consistent with the development pattern that has taken place here. The variance is de minimis, and it will have no impact on the location of the dwellings on either lot at all, and again, the lots aren't being overbuilt at all, and there is no CVPA impact at all. Happy to answer any questions Ms. Cuellar: Commissioner Mauch? Mr. Mauch: I just wanted to get clarification on what he had said earlier, and I think y'all have had some time to research. What were the, was what he said, have there been multiple variances in this similar fashion? Ms. Gordon: Yes, there have been. We've looked just within about a 500 foot radius across the street on Broad Bay is the variance we spoke about this morning that has seven foot. There were three lots, and there was a seven foot deficiency, then there are other lots, maybe four more or four applications that encompass multiple lots, that either had no frontage on a public street, they are on private streets, or they constituted a flag lot. Mr. Mauch: Were there any that had multiple variances on multiple lots or variances on multiple lots? Ms. Gordon: Yes, there are some on Hackberry, Bay Road. As Mr. Bourdon mentioned some of these are private streets, so there is no frontage on a public street irl those cases, and they cover multiple lots. Mr. Bourdon: I could add, we could have done this, so that one of the lots didn't need a variance and the other one did. I mean, the number, I mean, we tried to keep them so they were as absolutely close to everything as we could. That's why they're so de minimis. But, you know, that's the reason for it. Again, it's because of the !strange angle of the road that we have this issue. Ms. Cuellar: Mr. Anderson. Mr. Anderson: Ms. Gordon, I don't think this matters too much, but I'm just curious. Is Dr. Ellis planning on living in one of these houses and selling the other? Mr. Bourdon: Yeah, yes, he is, yes, and he's in Richmond. He is testifying in a court hearing today. He wanted to be here, but, he hoped it would get settled, but it didn't get settled. But yes, that's correct. Ms. Cuellar: Thank you. Now we'll open it for discussion. Mr. Plumlee: I'll just put my thoughts in real quick. I think when it comes to the architectural character of a neighborhood, you look to the originators of the neighborhood. Typically, when there is an intent to restrict the size of the lots to one home, you'll find a private covenant even going back to the 40's and 50's before there was a City of Virginia Beach. Then the city overlays its policy of keeping the architectural character of a neighborhood. I've been through Broad Bay Island many times, and I've seen it, I think what is really unique about it is that it doesn't have a uniform character. There is not monotony in the design, and I don't find it offensive to subdivide this lot, to accommodate these, and make the small variance. There have been plenty of variances, so when we talk about precedence, I ask, what did the people who develop this neighborhood intend? It doesn't appear as though they intended to restrict these from being subdivided or they would have made -- many neighborhoods in Virginia Beach, have private covenants restricting the subdivision. There was a famous case Judge Morgan, who's now deceased, took all the way to the Supreme Court of Virginia trying to subdivide his lot in Bay Colony, but there was a private covenant on the property, and the Supreme Court upheld it, and even a federally appointed lifetime appointment couldn't overcome that straight up law. So, I would support this. Ms. Cuellar: Is there any other discussion? So I just wanted to comment, this is in my district. I find the opposition to be significant. I do think it's important that we respect our current zoning standards. So I'll be opposing this today. So, do we have a motion? Mr. Plumlee: I'll move to approve. Ms. Hippen: Second. Ms. Cuellar: So we have a motion by Commissioner Plumlee, a second by Commissioner Hippen. Is there anyone abstaining today? Madam Clerk? Madam Clerk: The vote is open. By a vote of 8 to 2, item number 10 has been recommended for approval. AYE 8 NAY 2 ABS 0 ABSENT 1 Alcaraz ABSENT Anderson AYE B ler AYE Cromwell AYE Coston AYE Cuellar NAY Estaris NAY Hi en AYE Mauch AYE Parks AYE Plumlee AYE CONDITIONS 1. The applicant/owner shall submit a subdivision plat to the City of Virginia Beach, subject to the review and approval of the Department of Planning & Community Development prior to the recordation, which shall be in substantial conformance to the submitted exhibit entitled "PRELIMINARY SUBDIVISION OF LOT 8 BROAD BAY COLONY," prepared by Gallup Surveyors & Engineers, dated April 13, 2022, a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning & Community Development. 2. The exterior of the proposing residential dwellings shall substantially adhere in appearance, size, colors, and materials to the elevations entitled " PROPOSED TWO STORY FRAME SINGLE FAMILY DWELLING PREPARED FOR RICK ELLIS LOT 8A", prepared by Fentress Home Design, dated 7/11/2022, " PROPOSED TWO STORY FRAME SINGLE FAMILY DWELLING PREPARED FOR RICK ELLIS LOT 813", prepared by Fentress Home Design, dated 7/11/2022, and renderings entitled "ELLIS — LOT 8A— 1-17-2024" and "ELLIS — LOT 8B — 1-17-2024", which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 3. The applicant shall reserve for dedication to the City toward making Broad Bay Road a minimum 50 feet wide. Said reservation for future dedication shall be a minimum of five (5) feet wide along Broad Bay Road that fronts the proposed lots, and the dedication shall be completed prior to the development or redevelopment of any of the proposed lots. Virginia Beach City Council, I am writing in support of a zoning variance for 2620 Broad Bay Road. I do not object to two houses being built on the property. SIGNATURE 42 7 77 5--�O,n f .qa y' eC> ADDRESS crickellispsych@gmail.com From: Rick Ellis <crickellispsych@gmail.com> Sent: Sunday, July 23, 2023 12:48 PM To: Rick Ellis Subject: Fwd: Hey Guy ---------- Forwarded message--------- From: Paul Holley<PHo[ley@mythics.com> Date:Tue,Jun 13, 2023, 10:00 PM Subject: Re: Hey Guy To:crickellispsych@gmail.com<crickellispsvch@gmail.com> I love the idea. If there is room why not do it. Two brand new homes will only increase the value of others around the island and I think it would look great. Sorry I don't use the Fb messenger a lot but email and text is easiest or cell sir Thanks! Executive Director D. Paul Holley 7573740275 On Jun 13, 2023, at 9:17 PM, crickellispsych@gmail.com wrote: . . . ..................................................................................................................................................... CAUTION: External email message. Look carefully at the sender's email address before clicking links, opening attachments or sharing information. ..........................................................................................................................................................................: B ro, I tried to contact you on FB. You are the first person I am sending this to. Any feedback before I send it to people I know? 1 Virginia Beach City Council, I am writing in support of a zoning variance for 2620 Broad Bay Road. I do not object to two houses being built on the property. PRINT NAME SIGNATURE ADDRESS Virginia Beach City Council, I am writing in support of a zoning variance for 2620 Broad Bay Road. I do not object to two houses being built on the property. a' 0" PRINT NAME SIGNATURE ADDRESS Virginia Beach City Council, I am writing in support of a zoning variance for 2620 Broad Bay Road. I do not object to two houses being built on the property. JFJ 9 PRINT NAME SIGNATURE / ADDRESS Virginia Beach City Council, I am writing in support of a zoning variance for 2620 Broad Bay Road. I do not object to two houses being built on the property. -�?6 PRINT NAME SIGNATURE �a e .4�Tg� ADDRESS Virginia Beach City Council, I am writing in support of a zoning variance for 2620 Broad Bay Road. I do not object to two houses being built on the property. PRINT NAME SIGNATURE ADDRESS July 8, 2023 To: Virginia Beach City Council From: Richard Morris— Resident of Broad Bay Island for 47 years and Past President of the Broad Bay Island Civic League Please know that I've known Rick Ellis and his family for almost as long as I've lived on Broad Bay Island. I've supported his request for a variance for all the reasons he's presented, and I hope you will too. If anyone from council would like to speak with me or have me appear before the council I will be happy to do so. Thank you, By, Richard B Morris 2012 Blueberry Road Virginia Beach, Va. 23451 Memorandum For Planning Administration and City Council Members: This letter serves as an understanding that as a resident/owner of property on Broad Bay Island who lives within 500 feet of 2620 Broad Bay Road, I strongly oppose any subdivision & variance request of 2620 Broad Bay Road for the following reasons: 1. This variance would inherently change the look & feel of our neighborhood. 2. This variance would set a precedent to our existing zoning laws thus adversely changing the future complexion of our planned neighborhood which has existed for over 60 years. 3. Our existing lot minimums (R-10) were established by neighborhood design. Changing them could lead to City-wide interest in revising current code and/or lot requirements. Homes were purchased (in part) because of existing zoning laws and neighborhood "feel". The fundamental changes would negate the reasons existing owners bought and invested in this neighborhood. 4. This would negatively impact existing nearby home values by introducing lower-cost lots & smaller homes. 5. When homes are built closer together than the original Broad Bay Colony/Broad Bay Island plan, it affects the surrounding neighbors' privacy and views. 6. If allowed, additional homes in the neighborhood would require additional support infrastructure. Our planned neighborhood was not designed to support the potential increase. There are currently ---410 homes on Broad Bay Island. Sincerely, Signature Print Name Address Date Comments l Memorandum For Planning Administration and City Council Members: This letter serves as an understanding that as a resident/owner of property on Broad Bay Island who lives within 500 feet of 2620 Broad Bay Road, 1 strongly oppose any subdivision & variance request of 2620 Broad Bay Road for the following reasons: 1. This variance would inherently change the look & feel of our neighborhood. 2. This variance would set a precedent to our existing zoning laws thus adversely changing the future complexion of our planned neighborhood which has existed for over 60 years. 3. Our existing lot minimums (R-10) were established by neighborhood design. Changing them could lead to City-wide interest in revising current code and/or lot requirements. Homes were purchased (in part) because of existing zoning laws and neighborhood "feel". The fundamental changes would negate the reasons existing owners bought and invested in this neighborhood. 4. This would negatively impact existing nearby home values by introducing lower-cost lots & smaller homes. 5. When homes are built closer together than the original Broad Bay Colony/Broad Bay Island plan, it affects the surrounding neighbors' privacy and views. 6. If allowed, additional homes in the neighborhood would require additional support infrastructure. Our planned neighborhood was not designed to support the potential increase. There are currently —410 homes on Broad Bay Island. Sincerely, Signatureez �� z, Print Name Address, -7 grog k_ ay &e!tG► ✓,k 234-s"i Date Aajlck 2D24- Comments Memorandum For Planning Administration and City Council Members: This letter serves as an understanding that as a resident/owner of property on Broad Bay Island who lives within 500 feet of 2620 Broad Bay Road, I strongly oppose any subdivision & variance request of 2620 Broad Bay Road for the following reasons: l. This variance would inherently change the look& feel of our neighborhood. 2. This variance would set a precedent to our existing zoning laws thus adversely changing the future complexion of our planned neighborhood which has existed for over 60 years. Our existing lot minimums (R-10) were established by neighborhood design. Changing them could lead to City-wide interest in revising current code and/or lot requirements. Homes were purchased (in part) because of existing zoning laws and neighborhood "feel". The fundamental changes would negate the reasons existing owners bought and invested in this neighborhood. 4. This would negatively impact existing nearby home values by introducing lower-cost lots & smaller homes. 5. When homes are built closer together than the original Broad Bay Colony/Broad Bay Island plan, it affects the surrounding neighbors' privacy and views. 6. If allowed, additional homes in the neighborhood would require additional support infrastructure. Our planned neighborhood was not designed to support the potential increase. There are currently —410 homes on Broad Bay Island. Sincerely, Signature Print Name4 _L/� Address c9�)�3 I A 3 Date Comments Memorandum For Planning Administration and City Council Members: This letter serves as an understanding that as a resident/owner of property on Broad Bay Island who lives within 500 feet of 2620 Broad Bay Road, l strongly oppose any subdivision & variance request of 2620 Broad Bay Road for the following reasons: 1. This variance would inherently change the look& feel of our neighborhood. 2. This variance would set a precedent to our existing zoning laws thus adversely changing the future complexion of our planned neighborhood which has existed for over 60 years. 3. Our existing lot minimums (R-10) were established by neighborhood design. Changing them could lead to City-wide interest in revising current code and/or lot requirements. Homes were purchased (in part) because of existing zoning laws and neighborhood "feel". The fundamental changes would negate the reasons existing owners bought and invested in this neighborhood. 4. This would negatively impact existing nearby home values by introducing lower-cost lots & smaller homes. 5. When homes are built closer together than the original Broad Bay Colony/Broad Bay Island plan, it affects the surrounding neighbors' privacy and views. 6. If allowed, additional homes in the neighborhood would require additional support infrastructure. Our planned neighborhood was not designed to support the potential increase. There are currently —410 homes on Broad Bay Island. Sincerely, Signature Print Name 1,01e Address t2 Date Comments a kQ S Memorandum For Planning Administration and City Council Members: This letter serves as an understanding that as a resident/owner of property on Broad Bay Island who lives within 500 feet of2620 Broad Bay Road, I strongly oppose any subdivision & variance request of 2620 Broad Bay Road for the following reasons: 1. This variance would inherently change the look& feel of our neighborhood. 2. This variance would set a precedent to our existing zoning laws thus adversely changing the future complexion of our planned neighborhood which has existed for over 60 years. 3. Our existing lot minimums (R-10) were established by neighborhood design. Changing them could lead to City-wide interest in revising current code and/or lot requirements. Homes were purchased (in part) because of existing zoning laws and neighborhood"feel". The fundamental changes would negate the reasons existing owners bought and invested in this neighborhood. 4. This would negatively impact existing nearby home values by introducing lower-cost lots & smaller homes. 5. When homes are built closer together than the original Broad Bay Colony/Broad Bay Island plan, it affects the surrounding neighbors' privacy and views. 6. If allowed, additional homes in the neighborhood would require additional support infrastructure. Our planned neighborhood was not designed to support the potential increase. There are currently —410 homes on Broad Bay Island. Sincerely, Signature If d1A Print -14 Name Address Date Comments w, Memorandum For Planning Administration and City Council Members: This letter serves as an understanding that as a resident/owner of property on Broad Bay Island who lives within 500 feet of 2620 Broad Bay Road, I strongly oppose any subdivision & variance request of 2620 Broad Bay Road for the following reasons: 1. This variance would inherently change the look& feel of our neighborhood. 2. This variance would set a precedent to our existing zoning laws thus adversely changing the future complexion of our planned neighborhood which has existed for over 60 years. 3. Our existing lot minimums (R-10) were established by neighborhood design. Changing them could lead to City-wide interest in revising current code and/or lot requirements. Homes were purchased (in part) because of existing zoning laws and neighborhood "feel". The fundamental changes would negate the reasons existing owners bought and invested in this neighborhood. 4. This would negatively impact existing nearby home values by introducing lower-cost lots & smaller homes. 5. When homes are built closer together than the original Broad Bay Colony/Broad Bay Island plan, it affects the surrounding neighbors' privacy and views. 6. If allowed, additional homes in the neighborhood would require additional support infrastructure. Our planned neighborhood was not designed to support the potential increase. There are currently —410 homes on Broad Bay Island. Sincerely, Signature Print Name I( S h 1 7 Address 'L W b a SS V V 0� 0L C V A- Oate 3 IS Comments Memorandum For Planning Administration and City Council Members: This letter serves as an understanding that as a resident/owner of property on Broad Bay Island who lives within 500 feet of 2620 Broad Bay Road, I strongly oppose any subdivision & variance request of 2620 Broad Bay Road for the following reasons: l. This variance would inherently change the look & feel of our neighborhood. 2. This variance would set a precedent to our existing zoning laws thus adversely changing the future complexion of our planned neighborhood which has existed for over 60 years. 3. Our existing lot minimums (R-10) were established by neighborhood design. Changing them could lead to City-wide interest in revising current code and/or lot requirements. Homes were purchased (in part) because of existing zoning laws and neighborhood "feel". The fundamental changes would negate the reasons existing owners bought and invested in this neighborhood. 4. This would negatively impact existing nearby home values by introducing lower-cost lots & smaller homes. 5. When homes are built closer together than the original Broad Bay Colony/Broad Bay Island plan, it affects the surrounding neighbors' privacy and views. 6. If allowed, additional homes in the neighborhood would require additional support infrastructure. Our planned neighborhood was not designed to support the potential increase. There are currently —410 homes on Broad Bay Island. Sincerely, Signature Print Name Address -2- Date Comments_A'j!.-> Memorandum For Planning Administration and City Council Members: This letter serves as an understanding that as a resident/owner of property on Broad Bay Island who lives within 500 feet of 2620 Broad Bay Road, I strongly oppose any subdivision & variance request of 2620 Broad Bay Road for the following reasons: l. This variance would inherently change the look & feel of our neighborhood. 2. This variance would set a precedent to our existing zoning laws thus adversely changing the future complexion of our planned neighborhood which has existed for over 60 years. 3. Our existing lot minimums (R-10) were established by neighborhood design. Changing them could lead to City-wide interest in revising current code and/or lot requirements. Homes were purchased (in part) because of existing zoning laws and neighborhood "feel". The fundamental changes would negate the reasons existing owners bought and invested in this neighborhood. 4. This would negatively impact existing nearby home values by introducing lower-cost lots & smaller homes. 5. When homes are built closer together than the original Broad Bay Colony/Broad Bay Island plan, it affects the surrounding neighbors' privacy and views. 6. If allowed, additional homes in the neighborhood would require additional support infrastructure. Our planned neighborhood was not designed to support the potential increase. There are currently --410 homes on Broad Bay Island. Sincerely, Signature Print Name Address Date Comments e Memorandum For Planning Administration and City Council Members: This letter serves as an understanding that as a resident/owner of property on Broad Bay Island who lives within 500 feet of 2620 Broad Bay Road, I strongly oppose any subdivision & variance request of2620 Broad Bay Road for the following reasons: l. This variance would inherently change the look & feel of our neighborhood. 2. This variance would set a precedent to our existing zoning laws thus adversely changing the fixture complexion of our planned neighborhood which has existed for over 60 years. 3. Our existing lot minimums (R-10) were established by neighborhood design. Changing them could lead to City-wide interest in revising current code and/or lot requirements. Homes were purchased (in part) because of existing zoning laws and neighborhood "feel". The fundamental changes would negate the reasons existing owners bought and invested in this neighborhood. 4. This would negatively impact existing nearby home values by introducing lower-cost lots & smaller homes. 5. When homes are built closer together than the original Broad Bay Colony/Broad Bay Island plan, it affects the surrounding neighbors' privacy and views. 6. If allowed, additional homes in the neighborhood would require additional support infrastructure. Our planned neighborhood was not designed to support the potential increase. There are currently —410 homes on Broad Bay Island. Sincerely, Signature �D c--x Print Name 5 Address 2<'�L( D L t>N Date 3_ -- 2 Z Comments Memorandum For Planning Administration and City Council Members: This letter serves as an understanding that as a resident/owner of property on Broad Bay Island who lives within 500 feet of 2620 Broad Bay Road, I strongly oppose any subdivision & variance request of 2620 Broad Bay Road for the following reasons: l. This variance would inherently change the look & feel of our neighborhood. 2. This variance would set a precedent to our existing zoning laws thus adversely changing the future complexion of our planned neighborhood which has existed for over 60 years. 3. Our existing lot minimums (R-10) were established by neighborhood design. Changing them could lead to City-wide interest in revising current code and/or lot requirements. Homes were purchased (in part) because of existing zoning laws and neighborhood "feel". The fundamental changes would negate the reasons existing owners bought and invested in this neighborhood. 4. This would negatively impact existing nearby home values by introducing lower-cost lots & smaller homes. 5. When homes are built closer together than the original Broad Bay Colony/Broad Bay Island plan, it affects the surrounding neighbors' privacy and views. 6. If allowed, additional homes in the neighborhood would require additional support infrastructure. Our planned neighborhood was not designed to support the potential increase. There are currently --410 homes on Broad Bay Island. Sincerely, Signature Print Name AddressDate Comments 3 p2 2�2 Comments r1� ��, �S „DiPvovSA n/s? GT-o,c� 42 .vim<<i,,.GS� 15.,-.s A f-W-:b ��.P,�er•JT�. All/ df0i/oS_r a.J 00*F4Pi0..1*_Yt-Z .V�7.o.J GL74 CC9Sr (;2(9 4 'Fe,#D.�9YQpl. Memorandum For Planning Administration and City Council Members: This letter serves as an understanding that as a resident/owner of property on Broad Bay Island who lives within 500 feet of 2620 Broad Bay Road, I strongly oppose any subdivision & variance request of 2620 Broad Bay Road for the following reasons: 1. This variance would inherently change the look& feel of our neighborhood. 2. This variance would set a precedent to our existing zoning laws thus adversely changing the future complexion of our planned neighborhood which has existed for over 60 years. 3. Our existing lot minimums (R-10) were established by neighborhood design. Changing them could lead to City-wide interest in revising current code and/or lot requirements. Homes were purchased (in part) because of existing zoning laws and neighborhood "feel". The fundamental changes would negate the reasons existing owners bought and invested in this neighborhood. 4. This would negatively impact existing nearby home values by introducing lower-cost lots & smaller homes. 5. When homes are built closer together than the original Broad Bay Colony/Broad Bay Island plan, it affects the surrounding neighbors' privacy and views. 6. If allowed, additional homes in the neighborhood would require additional support infrastructure. Our planned neighborhood was not designed to support the potential increase. There are currently —410 homes on Broad Bay Island. Sincerely, S ignature Print Name Address a � �, 1 f g V� Date -,)odj Comments Memorandum For Planning Administration and City Council Members: This letter serves as an understanding that as a resident/owner of property on Broad Bay Island who lives within 500 feet of 2620 Broad Bay Road, I strongly oppose any subdivision c& variance request of 2620 Broad Bay Road for the following reasons: l. This variance would inherently change the look & feeI of our neighborhood. 2. This variance would set a precedent to our existing zoning laws thus adversely changing the future complexion of our planned neighborhood which has existed for over 60 years. 3. Our existing lot minimums (R-10) were established by neighborhood design. Changing them could lead to {City-wide interest in revising current code and/or lot requirements. Homes were purchased (in part) because of existing zoning laws and neighborhood "feel". The fundamental changes would negate the reasons existing owners bought and invested in this neighborhood. 4. This would negatively impact existing nearby home values by introducing lower-cost lots & smaller homes. 5. When homes are built closer together than the original Broad Bay Colony/Broad Bay Island plan, it affects the surrounding neighbors' privacy and views. 6. If allowed, additional homes in the neighborhood would require additional support infrastructure. Our planned neighborhood was not designed to support the potential increase. There are currently —410 homes on Broad Bay Island. Sincerely,S ignature MA aat a,- Print Name Ocdk A. Tamtc&41' Address obi &QG Date Comments Memorandum For Planning Administration and City Council Members: This letter serves as an understanding that as a resident/owner of property on Broad Bay Island who lives within 500 feet of 2620 Broad Bay Road, I strongly oppose any subdivision & variance request of 2620 Broad Bay Road for the following reasons: 1. This variance would inherently change the look & feel of our neighborhood. 2. This variance would set a precedent to our existing zoning laws thus adversely changing the future complexion of our planned neighborhood which has existed for over 60 years. 3. Our existing lot minimums (R-10) were established by neighborhood design_ Changing them could lead to City-wide interest in revising current code and/or lot requirements. Homes were purchased (in part) because of existing zoning laws and neighborhood "feel". The fundamental changes would negate the reasons existing owners bought and invested in this neighborhood. 4. This would negatively impact existing nearby home values by introducing lower-cost lots & smaller homes. 5. When homes are built closer together than the original Broad Bay Colony/Broad Bay Island plan, it affects the surrounding neighbors' privacy and views. 6. If allowed, additional homes in the neighborhood would require additional support infrastructure. Our planned neighborhood was not designed to support the potential increase. There are currently —410 homes on Broad Bay Island. Sincerely, ' Signaturel�� .-- .� Print Name ' ' ;I I Address a Date Comments Memorandum For Planning Administration and City Council Members: This letter serves as an understanding that as a resident/owner of property on Broad Bay Island who lives within 500 feet of 2620 Broad Bay Road, i strongly oppose any subdivision & variance request of 2620 Broad Bay Road for the following reasons: l . This variance would inherently change the look & feel of our neighborhood. 2. This variance would set a precedent to our existing zoning laws thus adversely changing the future complexion of our planned neighborhood which has existed for over 60 years. 3. Our existing lot minimums (R-10) were established by neighborhood design. Changing them could lead to City-wide interest in revising current code and/or lot requirements. Homes were purchased (in part) because of existing zoning laws and neighborhood "feel". The fundamental changes would negate the reasons existing owners bought and invested in this neighborhood. 4. This would negatively impact existing nearby home values by introducing lower-cost lots & smaller homes. 5. When homes are built closer together than the original Broad Bay Colony/Broad Bay Island plan, it affects the surrounding neighbors' privacy and views. 6. If allowed, additional homes in the neighborhood would require additional support infrastructure. Our planned neighborhood was not designed to support the potential increase. There are currently —410 homes on Broad Bay Island. Sincerely, Signature Print Name Address Date Comments Memorandum For Planning Administration and City Council Members: This letter serves as an understanding that as a resident/owner of property on Broad Bay Island who lives within 500 feet of 2620 Broad Bay Road, I strongly oppose any subdivision & variance request of 2620 Broad Bay Road for the following reasons: l. This variance would inherently change the look & feel of our neighborhood. 2. This variance would set a precedent to our existing zoning laws thus adversely changing the future complexion of our planned neighborhood which has existed for over 60 years. 3. Our existing lot minimums (R-10) were established by neighborhood design. Changing them could lead to City-wide interest in revising current code and/or lot requirements. Homes were purchased (in part) because of existing zoning laws and neighborhood "feel". The fundamental changes would negate the reasons existing owners bought and invested in this neighborhood. 4. This would negatively impact existing nearby home values by introducing lower-cost lots & smaller homes. 5. When homes are built closer together than the original Broad Bay Colony/Broad Bay Island plan, it affects the surrounding neighbors' privacy and views. 6. If allowed, additional homes in the neighborhood would require additional support infrastructure. Our planned neighborhood was not designed to support the potential increase. There are currently —410 homes on Broad Bay Island. Sincerely, Signature Print Name Address Z& Date ZZg Comments o e 7— 2/ Nicinorindtnn For Planning Administration and City Council Members: This letter sc eves as an understanding that as a resident/owner of property on Broad Bad Island who lives within 500 feet of 2620 Broad Bay Road, I strongly oppose any subdivision& variance request of 2620 Broad Bay Road for the following reasons: l. This variance would inherent]\ change the look& feel ofour neighborhood. 2. This variance would set a precedent to our existing zoning laws thus adversely changing the future complexion of our planned neighborhood which has existed for o\ r 60 years. 3. Our existing lot minimums(R-10)were established by neighborhood design. Changing them could lead to City-wide interest in revising current code and/or lot requirements. Homes were,purchased(in part)because of existing zoning laws and neighborhood"feel". The iiutdamental changes would negate the reasons existing owners bought and invested in this neighborhood. 4. This would negatively impact existing nearby home values by introducing lower-cost lots&smaller homes. 5. When homes are built closer together than the original Broad Bay Colony/Broad Bay Island plan, it affects the surrounding neighbors'privacy and views. 6. If allowed,additional homes in the neighborhood would require additional support infrastructure.Our planned neighborhood was not designed to support the potential increase. There are currently—410 homes on Broad Bay Island. Sincerely, Signature , �..L Print Name Address CC "cr c t , fi Gr'c- r/s Date ? Comments Memorandum For Planning Administration and City Council Members: This letter serves as an understanding that as a resident/owner of property on Broad Bay Island who lives within 500 feet of 2620 Broad Bay Road, I strongly oppose any subdivision & variance request of 2620 Broad Bay Road for the following reasons: I. This variance would inherently change the look& feel of our neighborhood. 2. This variance would set a precedent to our existing zoning laws thus adversely changing the future complexion of our planned neighborhood which has existed for over 60 years. 3. Our existing lot minimums (R-10) were established by neighborhood design. Changing them could lead to City-wide interest in revising current code and/or lot requirements. Homes were purchased (in part) because of existing zoning laws and neighborhood "feel". The fundamental changes would negate the reasons existing owners bought and invested in this neighborhood. 4. This would negatively impact existing nearby home values by introducing lower-cost lots & smaller homes. 5. When homes are built closer together than the original Broad Bay Colony/Broad Bay Island plan, it affects the surrounding neighbors' privacy and views. 6. If allowed, additional homes in the neighborhood would require additional support infrastructure. Our planned neighborhood was not designed to support the potential increase. There are currently —410 homes on Broad Bay Island. Sincerely, Signature Print Name A - QA<(_s e.a..v Address cam� % YJ Date d.7e�, Comments Memorandum For Planning Administration and City Council Members: This letter serves as an understanding that as a resident/owner of property on Broad Bay Island who lives within 500 feet of 2620 Broad Bay Road, I strongly oppose any subdivision & variance request of 2620 Broad Bay Road for the following reasons: 1. This variance would inherently change the look & feel of our neighborhood. 2. 'Phis variance would set a precedent to our existing zoning laws thus adversely changing the future complexion of our planned neighborhood which has existed for over 60 years. 3. Our existing lot minimums (R-10) were established by neighborhood design. Changing them could lead to City-wide interest in revising current code and/or lot requirements. Homes were purchased (in part) because of existing zoning laws and neighborhood "feel". The fundamental changes would negate the reasons existing owners bought and invested in this neighborhood. 4. This would negatively impact existing nearby home values by introducing lower-cost lots & smaller homes. 5. When homes are built closer together than the original Broad Bay Colony/Broad Bay Island plan, it affects the surrounding neighbors' privacy and views. 6. If allowed, additional homes in the neighborhood would require additional support infrastructure. Our planned neighborhood was not designed to support the poteiitial increase. There are currently —410 homes on Broad Bay Island. Sincerely, Signatu Print Nam (}1( An Address 12 lull ol, Q t-oo.L1 Dat q z Comments Memorandum For Planning Administration and City Council Members: This letter serves as an understanding that as a resident/owner of property on Broad Bay Island who lives within 500 feet of 2620 Broad Bay Road, I strongly oppose any subdivision & variance request of 2620 Broad Bay Road for the following reasons: 1. This variance would inherently change the look & feel of our neighborhood. 2. This variance would set a precedent to our existing zoning laws thus adversely changing the future complexion of our planned neighborhood which has existed for over 60 years. 3. Our existing lot minimums (R-10) were established by neighborhood design. Changing them could lead to City-wide interest in revising current code and/or lot requirements. Homes were purchased (in part) because of existing zoning laws and neighborhood "feel". The fundamental changes would negate the reasons existing owners bought and invested in this neighborhood. 4. This would negatively impact existing nearby home values by introducing lower-cost lots & smaller homes. 5. When homes are built closer together than the original Broad Bay Colony/Broad Bay Island plan, it affects the surrounding neighbors' privacy and views. 6. If allowed, additional homes in the neighborhood would require additional support infrastructure. Our planned neighborhood was not designed to support the potential increase. There are currently -410 homes on Broad Bay Island. Sincerely, Signature ' �� Print Name a44s Address.:Z0 3 Date Q I a Comments'?%-e c A- Q , C—A '► I 0a 'S Memorandum For Planning Administration and City Council Members: This letter serves as an understanding that as a resident/owner of property on Broad Bay Island who lives within 500 feet of 2620 Broad Bay Road, I strongly oppose any subdivision & variance request of 2620 Broad Bay Road for the following reasons: l. This variance would inherently change the look & feel of our neighborhood. 2. This variance would set a precedent to our existing zoning laws thus adversely changing the future complexion of our planned neighborhood which has existed for over 60 years. 3. Our existing lot minimums (R-10) were established by neighborhood design. Changing them could lead to City-wide interest in revising current code and/or lot requirements. Homes were purchased (in part) because of existing zoning laws and neighborhood "feel". The fundamental changes would negate the reasons existing owners bought and invested in this neighborhood. 4. This would negatively impact existing nearby home values by introducing lower-cost lots & smaller homes. 5. When homes are built closer together than the original Broad Bay Colony/Broad Bay Island plan, it affects the surrounding neighbors' privacy and views. 6. If allowed, additional homes in the neighborhood would require additional support infrastructure. Our planned neighborhood was not designed to support the potential increase. There are currently —410 homes on Broad Bay Island. Sincerely, Signature Print Name t,Cffa Address Z b r V f2, 2- S� Date_ > el a,6 Z Comments Memorandum For Planning Administration and City Council Members: This letter serves as an understanding that as a resident/owner of property on Broad Bay Island who lives within 500 feet of 2620 Broad Bay Road, I strongly oppose any subdivision & variance request of 2620 Broad Bay Road for the following reasons: 1. This variance would inherently change the look & feel of our neighborhood. 2. This variance would set a precedent to our existing zoning laws thus adversely changing the future complexion of our planned neighborhood which has existed for over 60 years. 3. Our existing lot minimums (R-10) were established by neighborhood design. Changing them could lead to City-wide interest in revising current code and/or lot requirements. Homes were purchased (in part) because of existing zoning laws and neighborhood "feel". The fundamental changes would negate the reasons existing owners bought and invested in this neighborhood. 4. This would negatively impact existing nearby home values by introducing lower-cost lots & smaller homes. 5. When homes are built closer together than the original Broad Bay Colony/Broad Bay Island plan, it affects the surrounding neighbors' privacy and views. 6. If allowed, additional homes in the neighborhood would require additional support infrastructure. Our planned neighborhood was not designed to support the potential increase. There are currently —410 homes on Broad Bay Island. Sincerely, r Signature s� Print Name 0. Address D ; (� _ ,3�S Date Z^,2?�• Comments Memorandum For Planning Administration and City Council Members: This letter serves as an understanding that as a resident/owner of property on Broad Bay Island who lives within 500 feet of 2620 Broad Bay Road, I strongly oppose any subdivision & variance request of 2620 Broad Bay Road for the following reasons: 1. This variance would inherently change the look & feel of our neighborhood. 2. This variance would set a precedent to our existing zoning laws thus adversely changing the future complexion of our planned neighborhood which has existed for over 60 years. 3. Our existing lot minimums (R-10) were established by neighborhood design. Changing them could lead to City-wide interest in revising current code and/or lot requirements. Homes were purchased (in part) because of existing zoning laws and neighborhood "feel". The fundamental changes would negate the reasons existing owners bought and invested in this neighborhood. 4. This would negatively impact existing nearby home values by introducing lower-cost lots & smaller homes. 5. When homes are built closer together than the original Broad Bay Colony/Broad Bay Island plan, it affects the surrounding neighbors' privacy and views. 6. If allowed, additional homes in the neighborhood would require additional support infrastructure. Our planned neighborhood was not designed to support the potential increase. There are currently —410 homes on Broad Bay Island. Sincerely, Signature Print Name Address 2io Date Comments Memorandum For Planning Administration and City Council Members: This letter serves as an understanding that as a resident/owner of property on Broad Bay Island who lives within 500 feet of 2620 Broad Bay Road, I strongly oppose any subdivision & variance request of 2620 Broad Bay Road for the following reasons: 1. This variance would inherently change the look & feel of our neighborhood. 2. This variance would set a precedent to our existing zoning laws thus adversely changing the future complexion of our planned neighborhood which has existed for over 60 years. 3. Our existing lot minimums (R-10) were established by neighborhood design. Changing them could lead to City-wide interest in revising current code and/or lot requirements. Homes were purchased (in part) because of existing zoning laws and neighborhood "feel". The fundamental changes would negate the reasons existing owners bought and invested in this neighborhood. 4. This would negatively impact existing nearby home values by introducing lower-cost lots & smaller homes. 5. When homes are built closer together than the original Broad Bay Colony/Broad Bay Island plan, it affects the surrounding neighbors' privacy and views. 6. If allowed, additional homes in the neighborhood would require additional support infrastructure. Our planned neighborhood was not designed to support the potential increase. There are currently- 410 homes on Broad Bay Island. Sincerely, Signature Print Name Address 2-LuL - dVl,.c� Date Comments Mernorand Lim For Planning Administration and City Council Members: This letter serves as an understanding that as a resident/owner of property on Broad Bay Island who lives within 500 feet of 2620 Broad Bay Road, I strongly oppose any subdivision & variance request of 2620 Broad Bay Road for the following reasons: 1 . This variance would inherently change the look & feel of our neighborhood. 2. This variance would set a precedent to our existing zoning laws thus adversely changing the future complexion of our planned neighborhood which has existed for over 60 years. 3. Our existing lot minimums (R-10) were established by neighborhood design. Changing them could lead to City-wide interest in revising current code and/or lot requirements. Homes were purchased (in part) because of existing zoning laws and neighborhood "feel". The fundamental changes would negate the reasons existing owners bought and invested in this neighborhood. 4. This would negatively impact existing nearby home values by introducing lower-cost lots & smaller homes. 5. When homes are built closer together than the original Broad Bay Colony/Broad Bay Island plan, it affects the surrounding neighbors' privacy and views. 6. If allowed, additional homes in the neighborhood would require additional support infrastructure. Our planned neighborhood was not designed to support the potential increase. There are currently —410 homes on Broad Bay Island. Sincerely, Signature Print Name 7?j,.Pj I U 53L, S f Address 2_6 30 JG fZD/;p Date Comments Memorandum For Planning Administration and City Council Members: This letter serves as an understanding that as a resident/owner of property on Broad Bay Island who lives within 500 feet of 2620 Broad Bay Road, I strongly oppose any subdivision & variance request of 2620 Broad Bay Road for the following reasons: l. This variance would inherently change the look & feel of our neighborhood. 2. This variance would set a precedent to our existing zoning laws thus adversely changing the future complexion of our planned neighborhood which has existed for over 60 years. 3. Our existing lot minimums (R-10) were established by neighborhood design. Changing them could lead to City-wide interest in revising current code and/or lot requirements. Homes were purchased (in part) because of existing zoning laws and neighborhood "feel". The fundamental changes would negate the reasons existing owners bought and invested in this neighborhood. 4. This would negatively impact existing nearby home values by introducing lower-cost lots & smaller homes. 5. When homes are built closer together than the original Broad Bay Colony/Broad Bay Island plan, it affects the surrounding neighbors' privacy and views. 6. If allowed, additional homes in the neighborhood would require additional support infrastructure. Our planned neighborhood was not designed to support the potential increase. There are currently —410 homes on Broad Bay Island. Sincerely, Signature Print Address 2 �y wli oQ Date l Comments Memorandum For Planning; Administration and City Council Members: This letter serves as an understanding that as a resident/owner of property on Broad Bay Island who lives within 500 feet of 2620 Broad Bay Road, I strongly oppose any subdivision & variance request of 2620 Broad Bay Road for the following reasons: l. This variance would inherently change the look & feel of our neighborhood. 2. This variance would set a precedent to our existing zoning laws thus adversely changing the future complexion of our planned neighborhood which has existed for over 60 years. Our existing lot minimums (R-10) were established by neighborhood design. Changing them could lead to City-wide interest in revising current code and/or lot requirements. Homes were purchased (in part) because of existing zoning laws and neighborhood "feel". The fundamental changes would negate the reasons existing owners bought and invested in this neighborhood. 4. This would negatively impact existing nearby home values by introducing lower-cost lots & smaller homes. 5. When homes are built closer together than the original Broad Bay Colony/Broad Bay Island plan, it affects the surrounding neighbors' privacy and views. 6. If allowed, additional homes in the neighborhood would require additional support infrastructure. Our planned neighborhood was not designed to support the potential increase. There are currently —410 homes on Broad Bay Island. Sincerely, ry Signature d� Print Name a% Address Zoo / &V.rA s(/k.A e Date 1- 2GZ Comments Memorandum For Planning Administration and City Council Members: This letter serves as an understanding that as a resident/owner of property on Broad Bay Island who lives within 500 feet of 2620 Broad Bay Road, I strongly oppose any subdivision & variance request of 2620 Broad Bay Road for the following reasons: l. This variance would inherently change the look& feel of our neighborhood. 2. This variance would set a precedent to our existing zoning laws thus adversely changing the future complexion of our planned neighborhood which has existed for over 60 years. 3. Our existing lot minimums (R-10) were established by neighborhood design. Changing them could lead to City-wide interest in revising current code and/or lot requirements. Homes were purchased (in part) because of existing zoning laws and neighborhood "feel". The fundamental changes would negate the reasons existing owners bought and invested in this neighborhood. 4. This would negatively impact existing nearby home values by introducing lower-cost lots & smaller homes. 5. When homes are built closer together than the original Broad Bay Colony/Broad Bay Island plan, it affects the surrounding neighbors' privacy and views. 6. If allowed, additional homes in the neighborhood would require additional support infrastructure. Our planned neighborhood was not designed to support the potential increase. There are currently —410 homes on Broad Bay Island. Sincerely, Signature Print Name Address a.632 6 laud Qa �CrA Date Comments Memorandum For Planning Administration and City Council Members: This letter serves as an understanding that as a resident/owner of property on Broad Bay Island who lives within 500 feet of 2620 Broad Bay Road, I strongly oppose any subdivision & variance request of 2620 Broad Bay Road for the following reasons: 1. This variance would inherently change the look & feel of our neighborhood. 2. This variance would set a precedent to our existing zoning laws thus adversely changing the future complexion of our planned neighborhood which has existed for over 60 years. 3. Our existing lot minimums (R-10) were established by neighborhood design. Changing them could lead to City-wide interest in revising current code and/or lot requirements. Homes were purchased (in part) because of existing zoning laws and neighborhood "feel". The fundamental changes would negate the reasons existing owners bought and invested in this neighborhood. 4. This would negatively impact existing nearby home values by introducing lower-cost lots & smaller homes. 5. When homes are built closer together than the original Broad Bay Colony/Broad Bay Island plan, it affects the surrounding neighbors' privacy and views. 6. If allowed, additional homes in the neighborhood would require additional support infrastructure. Our planned neighborhood was not designed to support the potential increase. There are currently —410 homes on Broad Bay Island. Sincerely, 4;;71 Signature i+� Print Name J o,, Fic, Add V2 6 \ Tate o ?U Z Comments KX/L Memorandum For Planning Administration and City Council Members: This letter serves as an understanding that as a resident/owner of property on Broad Bay Island who lives within 500 feet of 2620 Broad Bay Road, I strongly oppose any subdivision & variance request of 2620 Broad Bay Road for the following reasons: 1. This variance would inherently change the look& feel of our neighborhood. 2. This variance would set a precedent to our existing zoning laws thus adversely changing the future complexion of our planned neighborhood which has existed for over 60 years. 3. Our existing lot minimums (R-10) were established by neighborhood design. Changing them could lead to City-wide interest in revising current code and/or lot requirements. Homes were purchased (in part) because of existing zoning laws and neighborhood "feel". The fundamental changes would negate the reasons existing owners bought and invested in this neighborhood. 4. This would negatively impact existing nearby home values by introducing lower-cost lots & smaller homes. 5. When homes are built closer together than the original Broad Bay Colony/Broad Bay Island plan, it affects the surrounding neighbors' privacy and views. 6. If allowed, additional homes in the neighborhood would require additional support infrastructure. Our planned neighborhood was not designed to support the potential increase. There are currently --410 homes on Broad Bay Island. Sincerely, Signature Print Name .._ Address Date Z 14 Comments Memorandum For Planning Administration and City Council Members: This letter serves as an understanding that as a resident/owner of property on Broad Bay Island who lives within 500 feet of 2620 Broad Bay Road, I strongly oppose any subdivision & variance request of 2620 Broad Bay Road for the following reasons: 1. This variance would inherently change the look& feel of our neighborhood. 2. This variance would set a precedent to our existing zoning laws thus adversely changing the future complexion of our planned neighborhood which has existed for over 60 years. 3. Our existing lot minimums (R-10)were established by neighborhood design. Changing them could lead to City-wide interest in revising current code and/or lot requirements. Homes were purchased (in part) because of existing zoning laws and neighborhood "feel". The fundamental changes would negate the reasons existing owners bought and invested in this neighborhood. 4. This would negatively impact existing nearby home values by introducing lower-cost lots & smaller homes. 5. When homes are built closer together than the original Broad Bay Colony/Broad Bay Island plan, it affects the surrounding neighbors' privacy and views. 6. If allowed, additional homes in the neighborhood would require additional support infrastructure. Our planned neighborhood was not designed to support the potential increase. There are currently —410 homes on Broad Bay Island. Sincerely, Signature Print NameE�a Address 2 Date Comments Virginia Beach Boulevard B2 0 B. -- � ,0 t 26 B2 N Site Virginia Beach AVA RE, LC W Property Polygons 2375 Virginia Beach Boulevard Zoning s Building Feet 01530 60 90 120 150 180 ou 1bVri`J CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Ordinance Approving Application of Virginia Beach AVA RE, LLC for the Closure of Approximately 813 sq. ft. of an Unnamed, Unimproved Right-of-Way Located Adjacent to 2375 Virginia Beach Blvd. MEETING DATE: April 16, 2024 (Referred Back to the Planning Commission on February 20, 2024) ■ Background: Virginia Beach AVA RE, LLC, a Virginia limited liability company (the "Applicant"), requested the closure of approximately 813 sq. ft. of an unnamed, unimproved right-of-way (the "Right-of-Way"), adjacent to its property located at 2375 Virginia Beach Blvd., for the purpose of incorporating the closed area into its adjoining property. The application of the adjacent property owner for the closure of the remaining 5,751 sq. ft. portion of the unnamed, unimproved right-of-way was approved by City Council on February 20, 2024. ■ Considerations: This item was on City Council's agenda on February 20, 2024; however, due to an advertising error, this application was referred back to the Planning Commission for consideration. The Viewers determined that the closure of the Right-of-Way, with conditions set forth below, will not result in any public inconvenience. There was no opposition to the request. ■ Recommendation: On March 13, 2024, the Planning Commission passed a motion by a recorded vote of 10-0 to recommend this request to City Council, with the following 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. 2. The Applicant, or the Applicant's successors and assigns, shall resubdivide the property and vacate internal lot lines to incorporate the Right-of-Way into the Virginia Beach AVA RE, LLC Page 2 of 2 adjoining lots. The resubdivision plat must be submitted and approved for recordation prior to the final street closure approval. 3. The Applicant, or the Applicant's successors and assigns, shall verify that no other private utilities exist within the Right-of-Way proposed for closure. If other private utilities do exist, an easement satisfactory to the appropriate 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 Statement Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department CSC/ City Manager: N 1 ORDINANCE APPROVING APPLICATION OF VIRGINIA 2 BEACH AVA RE, LLC FOR THE CLOSURE OF 3 APPROXIMATELY 813 SQ. FT. PORTION OF AN 4 UNNAMED, UNIMPROVED RIGHT-OF-WAY ADJACENT 5 TO 2375 VIRGINIA BEACH BLVD. 6 7 WHEREAS, Virginia Beach AVA RE, LLC, a Virginia limited liability company (the 8 "Applicant"), applied to the Council of the City of Virginia Beach, Virginia, to have the 9 hereinafter described portion of an unnamed, unimproved right-of-way discontinued, 10 closed, and vacated; and 11 12 WHEREAS, it is the judgment of the Council that said portion of right-of-way be 13 discontinued, closed, and vacated, subject to certain conditions having been met on or 14 before one (1) year from City Council's adoption of this Ordinance. 15 16 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 17 Beach, Virginia: 18 19 SECTION 1 20 21 That the hereinafter described portion of unimproved right-of-way (the "Right-of- 22 Way") be discontinued, closed and vacated, subject to certain conditions being met on 23 or before one (1) year from City Council's adoption of this ordinance: 24 25 ALL THAT certain piece or parcel of land situate, lying and 26 being in the City of Virginia Beach, Virginia, designated and 27 described as "DENOTES AREA OF PROPOSED STREET 28 CLOSURE FOR VIRGINIA BEACH AVA RE, LLC AREA = 29 APPROXIMATELY 813 S.F. OR 0.019 AC.", and shown as 30 the hatched area on that certain street closure exhibit 31 entitled: "STREET CLOSURE EXHIBIT OF 6,564 S.F. 32 PORTION OF UNNAMED UNIMPROVED 30' RIGHT-017- 33 WAY ON PLAN OF LOTS FOR B.F. OWENS (M.B. 6, P. 34 271) VIRGINIA BEACH", Scale: 1" = 30', dated December 8, 35 2023, prepared by Gaddy Engineering Services, LLC, a copy 36 of which is attached hereto as Exhibit A. 37 38 SECTION 11 39 40 The following conditions must be met on or before one (1) year from City 41 Council's adoption of this ordinance: 42 43 No GPIN Assigned (City Right-of-Way) 44 Adjacent GPIN: 1497-95-4001 45 1. The City Attorney's Office shall make the final determination regarding 46 ownership of the underlying fee. The purchase price to be paid to the City shall be 47 determined according to the "Policy Regarding Purchase of City's Interest in Streets 48 Pursuant to Street Closures," approved by City Council. 49 50 2. The Applicant, or the Applicant's successors and assigns, shall 51 resubdivide the property and vacate internal lot lines to incorporate the Right-of-Way 52 into the adjoining lots. The resubdivision plat must be submitted and approved for 53 recordation prior to the final street closure approval. 54 55 3. The Applicant, or the Applicant's successors and assigns, shall verify that 56 no other private utilities exist within the Right-of-Way proposed for closure. If other 57 private utilities do exist, an easement satisfactory to the appropriate utility company 58 must be provided. 59 60 4. Closure of the Right-of-Way shall be contingent upon compliance with the 61 above stated conditions within 365 days of approval by City Council. If the conditions 62 noted above are not accomplished and the final plat is not approved for recordation 63 within one year of the City Council vote to close the Right-of-Way this approval shall be 64 considered null and void. 65 66 SECTION III 67 68 1. If the preceding conditions are not fulfilled on or before April 15, 2025, this 69 Ordinance will be deemed null and void without further action by the City Council. 70 71 2. If all conditions are met on or before April 15, 2025, the date of final 72 closure is the date the street closure ordinance is recorded by the City Attorney. 73 74 3. In the event the City of Virginia Beach has any interest in the underlying 75 fee, the City Manager or his designee is authorized to execute whatever documents, if 76 any, that may be requested to convey such interest, provided said documents are 77 approved by the City Attorney's Office. 78 79 SECTION IV 80 81 A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit 82 Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF 83 VIRGINIA BEACH (as "Grantor") and VIRGINIA BEACH AVA RE, LLC (as "Grantee"). 84 85 Adopted by the Council of the City of Virginia Beach, Virginia, on this day 86 of . 2024. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Planning Department City Attorney CA16279 \\vbgov.com\dfs l\applications\citylaw\cycom 32\wpdocs\d001\p043\00942517.doc R-2 March 28, 2024 EXHIBIT A NOTE THIS EXHIBIT IS INTENDED TO SHOW THE AREA DENOTES AREA OF PROPOSED STREET CLOSURE OF PROPOSED RIGHT-OF-WAY CLOSURE AND IS FOR BARBARA C. DUFF& HOYT L. DUFF, II NOT INTENDED FOR ANY OTHER PURPOSE ®AREA=APPROXIMATELY 5,751 S.F. OR 0.132 AC. l/�RGIAIIA REACHBOULEI/�IRD TOTAL AREA PROPOSED FOR CLOSURE: (ROUTE 98)(VAR/ABLE WIDTH RIGHT-OF-WA►') APPROXIMATELY 6,564 S.F. OR 0.151 AC. (STATER/GHWA1'PROJECT005B-134-10>,PE-fO1,C-503,R/W20 .� PIN(F) P/N(F) ur S81°41'03"E 71.14' FIELD L=30.05' L=74.43' L=2.94' R=285.00' R=315.00' R=285.00' Q� L=15.37' a n R=285.00' niz ¢mow 2�2 0 boo 5 0 REMAINDER OFLOT 6 REMA/NDER OFLOT 5 _W (M.B 6 PG 271) Of 9 PG.271) LOT A" LL GP/N.-1497-9Fi-9058 GP/N 1497-99--9088 LOT R" 0 in J pp W w o C9 W Lo co cq REM /NDER OF 0TS2--9, 2 m o &R A/NDER OF 0T25 i� /� J N N/F Lo O ` W BARBARA DUFF o REMAINDER OF PARCEL A (/NSTR.#202 100 0062 77) Lo (D.B.328PG.565) Lo Z N/F ;n AREA.•27,424 S.F OR BARBARA DLIFF REMAINDER OF 0T 7 0.630AC. (/NSTR.#200312110205989) Z (M.B. 6PG.271) GP/N.•1497-95-8048 GP/N. 1497-95-9041 AREA.'12,934 S.F. OR 0.297AC. N86°38'33"W 15.31' REMAINDER OFLOT 8 PIN(FJ (M.B 6)-G.271) GPIM 1497-94-9917 PIN(F) Ng6°D�5"0 lP�� !u S62°58'06"W �PILTH 0 !f zo 20.17' 7566' (F1ELniF � V/RG/NL4 BEACHAVA RE,LL C O �I (/NSTR.#20200702000575190) Z w` R��55P11 U MICHAEL S.GA Y y GP/N 1497-95-4001 pal O Z �Aj\� Q�OF� Lic. No. 3255 DENOTES AREA OF PROPOSED 12/ STREET CLOSURE FOR VIRGINIA BEACH 08/2023 AVA RE, LLC AREA=APPROXIMATELY 5� ((,P �p1�paQ �41 813 S.F. OR 0.019 AC. 01 p b S U Rv STREET CLOSURE EXHIBIT OF \\" GPR,PP�O GADDY ENGINEERING SERVICES, LLC 6,564 S.F. PORTION OF J\R 11P1E MICHAEL S. GADDY, PE, LS UNNAMED UNIMPROVED 30' RIGHT-OF-WAY 0 ��' 30 60 757-289-5933 ON PLAN OF LOTS FOR B.F. OWENS (M.B.6, P. 271) 508 N. BIRDNECK RD., SUITE D VIRGINIA BEACH, VIRGINIA 1"= 30' VIRGINIA BEACH,VA,23451 Applicant Item •. Planning Commission Public1 City • CBI ity >l 2 Virginia Beach Request Street Closure (Portion of an unnamed 30' r- ROW WAYMp,NLN ' , m Staff Recommendation `Oct m F Approval BUskr 9, x c tN 4,c'F r �O Staff Planner OCONEEAVE Hoa N. Dao Location Adjacent to 2375 Virginia Beach Boulevard / Adjacent GPIN 1 1497954001 Site Size 813 square feet AICUZ Greater than 75 dB DNL;APZ-1 Watershed Chesapeake Bay Existing Land Use Unimproved right-of-way ` Surrounding Land Uses and Zoning Districts �R�,va BEq HBLVf - North - �u�: . .1w, Virginia Beach Boulevard �., r� Retail/B-2 Community Business ' �� a South Interstate 264 ,r � ' 'rN�, � ;• ��" �;'�"��`�?�"� �r.A �' �� , East p++rw Undeveloped parcels/B-2 Community Business , yy West Retail/B-2 Community Business e 5 Virginia Beach AVA RE, LLC Agenda Item 2 Page 1 Background SummaryofProposal • Due to an error in the legal advertisement where one of the two adjacent property addresses was not listed in the advertisement, City Council, on February 20, 2024, reverted this portion of the closure request back to the Planning Commission for reconsideration.The adjacent closure request for the 5,751 square feet portion of this 30-foot right- of-way to be absorbed by the Duff's properties was approved by City Council on February 20, 2024. • The applicant is seeking to close the remaining 813 square foot portion of the 30-foot wide right-of-way between Virginia Beach Boulevard and Interstate 264. • The applicant intends to incorporate the closure area into the existing parking lot of the motor vehicle dealership. L2 ' �i i s ��Na e�cM ecvo Zoning History i BL _ __ _ # Request 1gs 1 STC Approved 02/20/2024 2 CUP(Tattoo Parlor)Approved 11/23/2004 3 CUP(Motor Vehicle Sales)Approved 10/12/1993 8 m z 82 I i Application Types CUP—Conditional Use Permit MCC 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 October 20,2023,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 will not result in any public inconvenience;therefore,the proposed closure is deemed acceptable. Based on these considerations,Staff recommends approval of the proposed Street Closure subject to the conditions listed below. Virginia Beach AVA RE, LLC Agenda Item 2 Page 2 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. 2. The applicant,or the applicant's successors and assigns, 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. 3. The applicant,or the applicant's successors and assigns,shall verify that no other private utilities exist within the right-of-way proposed for closure. If other private utilities do exist, an easement satisfactory to the appropriate 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. ResourcesNatural & Cultural The site is located in the Chesapeake Bay watershed.There do not appear to be significant natural or cultural resources associated with the site. PublicOutreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on February 12, 2024. • As required by State Code,this item was advertised in the Virginian-Pilot on Wednesdays, February 28, 2024 and March 6,2024. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on February 26, 2024. • This Staff report, as well as all reports for this Planning Commission's meeting,was posted on the Commission's webpage of www.VirginiaBeach.gov/pc on March 7, 2024. Virginia Beach AVA RE, LLC Agenda Item 2 Page 3 City Council • As required by City Code,this item was advertised in the Virginian-Pilot on Tuesdays, April 2, 2024 and April 9, 2024. • As required by City Code,the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on April 1,2024 • The City Clerk's Office posted the materials associated with the application on the City Council website of https://clerk.virginiabeach.gov/city-council on April 12, 2024. Virginia Beach AVA RE, LLC Agenda Item 2 Page 4 Proposed Street ClosureExhibit NOTE THIS EXHIBIT IS INTENDED TO SHOW THE AREA DENOTES AREA OF PROPOSED STREET CLOSURE OF PROPOSED RIGHT-OF-WAY CLOSURE AND IS FOR BARBARA C.DUFF&HOYT L. DUFF, II NOT INTENDED FOR ANY OTHER PURPOSE ®AREA=APPROXIMATELY 5,751 S.F.OR 0 132 AC u�RGIN�A BSI CNBOULEI/.4RD TOTAL AREA PROPOSED FOR CLOSURE' (/,�OUTE58J(VAR/ABLE �101 p T � R'w"j APPROX I M ATELY 6,564 S.F.OR 0.151 AC (srATEy�ywAYPRO✓ECT00 ��►'�� 1 14' FIELD /N() L=74.43' S81`41'03"E 7 R=315.00' 7 L=2 94' ? R=285.00' q�,,, L=15.37' R=285.00' ¢ 4 o W sU� H OREMAINDER OFLOT6 REMAINDER OF 0T 5 (ME 6PG.17f) I (M.9 6PG.271) cor.a- GPIM 1497 9058 I GPM f497-95-9088 corn, o U W co Q V�ti )aFA&INDEROFLOTSZ,9, W CV &R OFLOT25 OF W BARBARA DUFF C REMMMDEROFPARCEL A co (INSTR AW2WO00S177J (D.B 3MPG.565) in Z wF ° ARE4'27424 S F.OR BARBARA DUFF �_ REMAINDER OFLOT 7 0 630AC j (INS77Z A-W121 matt ) 'Z (M.B.5 PG.271J GP/N.'M97-95-~ GP/N.'1497-95,9041 AREA.,11,934 S.F.OR 0291AC N86"38'33"W 15,31' I REMAINDER OFLOT6 FJ (M.B.6PG.17f) GPIM 1497-94-9917 I P/ J N......5�0 IP�S� LU 58'G6"VV �G',LTH 0 1, I� 75,66AW 1F1E►Dl V/RGIM14 BEACHAVA Mc LLC O (/NSTR A702Db70217Y19575151) z 1�� 5 �11�011 U MICHAEL 3.G Y > C.PlAf M97-954W1 Lic, No. 3255 6k P � DENOTES AREA OF PROPOSED 2 STREET CLOSURE FOR VIRGINIA BEACH r �P(� � aNC 1 2108/2 0 2 3 'O� AVA RE,LLC AREA=APPROXIMATELY 813 S F OR 0.019 AC. ``. ',� �P� EG� S U R` STREET CLOSURE EXHIBIT OF ,r P� Pr ,�L �J SE GADDY ENGINEERING SERVICES,lL( 6,564 S.F.PORTION OF J SP MICHAEL S.GADDY,PE,LS UNNAMED UNIMPROVED 30'RIGHT-OF-WAY 0 l5 30 60 757-289-5933 ON PLAN OF LOTS FOR 508 N.BIRDNECK RD.,SUITE D B.F. OWENS(M.B. 6, P. VIRGINIA BEACH,VA,23451 VIRGINIA BEACH, VIRGINNIAIA 1"=30' Virginia Beach AVA RE, LLC Agenda Item 2 Page 5 Site Photo Virginia Beach AVA RE, LLC Agenda Item 2 Page 6 Disclosure Disclosure Statement City cf Yepirmz E�4 nning&Cormnt1niq, ' 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 Beach AVA RE,LLC Does the applicant have a representative? N Yes ❑No If yes,list the name of the representative. R.Edward Bourdon,Jr.,Esq. Is the appikant 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) Ali Ahmed,Manager • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) Atlantic VA RE,LLC awns 100%of Virpirmie Beach AVA RE,LLC.Atlantic VA RE,LLC also owns Greenbrier AVA RE,LLC,Nortdk AVA RE,LLC, Roanoke AVA RE,Newport AVA RE,LLC. '"Parent-subsidiary relationship'means"a relationship that exists when one corporation directly or indirectly owns shares possessing more then 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 Govemment Conflict of interests Act,Va. Code§2.2-3101. Revised 1.09.2020 1 I G c Virginia Beach AVA RE, LLC Agenda Item 2 Page 7 Disclosure Q stlt are 5tate�ntX ID Planning&Community k 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-collateralizadon,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. Ally Bank 2. Does the applicant have a real estate broke►/agent/reaftor for current and anticipated future sales of the subject property? ❑Yes ■No • If yes,identify the company and Individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes ❑NO • If yes,identify the firm and individual providing the service. Crowe, LLP. Matthew Brown,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 0 No • If yes,identify the firm and individual providing the service. 5. is there any other pending or proposed purchaser of the subject property?❑Yes ®No • if yes,identify the purchaser and purchaser's service providers. Revised 09 2020 2 1 Virginia Beach AVA RE, LLC Agenda Item 2 Page 8 Disclosure Disclosure Statement 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. Mike Gaddy,Gaddy Engineering Services 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. R.Edward Bourdon,Jr.,Esq.,Sykes,Bourdon,Ahem&Levy,P.C.;Margaux Bacro-Duverger,Esq.,ACMGMT,LLC Applicant Siitnature 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. Virginia Beach AVA RE,LLC AppticaM Signall— Ali Ahmed,Manager Print Name and Title Nb7eMbePT!5; M 11/17/2023 Date Is the applicant also the owner of the subject property? N Yes ❑No a If yes,you do not need to fill out the owner disclosure statement. FOR disclosures that pertains to the applications 0 No rhar ges as of I Data 03.27.2024 S gnature '.�Y"Y./ Print Name Hoa N.Da0 i J 0y 2020 3 1 i e Virginia Beach AVA RE, LLC Agenda Item 2 Page 9 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-5692. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division,and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Virginia Beach AVA RE, LLC Agenda Item 2 Page 10 Virginia Beach Planning Commission March 13, 2024, Public Meeting Agenda Item #2 Virginia Beach AVA RE, LLC RECOMMENDED FOR APPROVAL Mr. Coston: Thank you. Are there any oppositions to this item being placed on the Consent Agenda? Okay, our next item is item two. Is there a representative? Yes, sir. Please state your name for the record. Mr. Bourdon:Thank you, Mr. Coston. Madam Chair, members of the commission, Eddie Bourdon, Virginia Beach Attorney representing Virginia Beach AVA RE, LLC on this street closure that this body unanimously approved on consent back in October, and then it was discovered that it hadn't been properly advertised as the rest of the street closure was, which has been completed, and all the four conditions as recommended in October, and today are the same, and we agree to those, and appreciate being on the Consent Agenda. Mr. Coston: Thank you, sir. Is there any opposition to this item being placed on the consent agenda? Mr. Anderson: Due to an error in the legal advertisement where one of the two adjacent property addresses were not listed in the advertisement, City Council, on February 20th, 2024, reverted to this portion of the closure request back to Planning Commission for reconsideration. The adjacent closure request for a 5,751 square feet portion of this 30-foot right-of-way to be absorbed by Duffs Properties was approved by City Council on February 20th. The applicant is seeking to close the remaining 813 square feet portion of the 30-foot wide right-of-way between Virginia Beach Boulevard and Interstate 264. The applicant intends to incorporate the closure area into the existing parking lot of the motor vehicle dealership. For that reason, we put it on consent. Mr. Coston: Thank you. Madam Chair, that was the last item on the consent agenda. The Planning Commission places the following applications on the consent agenda. Items 1, 2, 3, 4, and 13. Ms. Cuellar: Thank you very much. Do I have a motion to approve the consent agenda as read by Commissioner Coston. Mr. Anderson: So moved. Mr. Plumley: Second. Ms. Cuellar: Moved by Commissioner Anderson, seconded by Commissioner Plumley. Are there any planning commissioners abstaining on these items on the consent agenda? The motion for approval? The vote is open. Madam Clerk: By a vote of 10 to zero items number 1, 2, 3, 4, and 13, have been recommended for approval. AYE 10 NAY 0 ABS 0 ABSENT 1 Alcaraz ABSENT Anderson AYE B ler AYE Cromwell AYE Coston AYE Cuellar AYE Estaris AYE Hi en AYE Mauch AYE Parks AYE Plumlee 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. 2. The applicant, or the applicant's successors and assigns, 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. 3. The applicant, or the applicant's successors and assigns, shall verify that no other private utilities exist within the right-of-way proposed for closure. If other private utilities do exist, an easement satisfactory to the appropriate 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. LOCATION MAP NOTE DENOTES AREA OF PROPOSED STREET CLOSURE THIS EXHIBIT IS INTENDED TO SHOW THE AREA OF PROPOSED RIGHT-OF-WAY CLOSURE AND IS FOR BARBARA C. DUFF&HOYT L. DUFF, II NOT INTENDED FOR ANY OTHER PURPOSE ®AREA=APPROXIMATELY 5,751 S F OR o 132 AC VIRGINIA BEACyBOULEI/ARD TOTAL AREA PROPOSED FOR CLOSURE (ROU7F58)(VARLE f0�PE rod C R/W 2C73) APPROXIMATELY 6,564 S.F OR 0.151 AC (SrATEHIGHWAYPROJECrLo-"" P/N(FJ i S81`41'03"E 71.14' FIELD ' �30.0.5' / L=74.43' i L=2.94' R=285 00' R=315.00' R=285.00' g ' L=15.37' > I y R=285.00' itr i C$O, W ' � Ln O OREAM IWEROFLOT6 REAM 1WEROFLOT5 (MB.6PG.271) (MB.6PG 271) LOT A i GPIN•1497-95,9" GPIM,1497-95-9W cOra- 9 U co W Q � V it-, m � REMA/NDEROFL07S2-9, W 2 m o &RfUA/NDEROFLOT25 :S N 'r — - Q BARBARA DUFF C REMA/NDEROF PARCEL A _ (INSTR AX2Y0000577,7) (DO 328PG.565) Z ADF ' ARE4-27424 S.F.OR BARBARA DUFF v REMAINDER OFL OT7 0 6W AC (INS7R AWW111102MY88) Z (M.B.5PG 271) GP/N 1497-9"048 GPIN'1497-95m"f AREA.12,934 S.F.OR 0..9WAC N86-38'33'W �1&31' c`s REMAINMROFLOT9 PIA((F) (A!B 6PG 271) GPIN 1497-99C9917 LFIN(F) N86D383600'IPIA�� ,pia LU S 2°58'06'W 'LTII G Lol 17' �J J 7 5.66'lF1E ,CH � VIRGINIA BEAAVA RE,LLC � (INS77?OMAV702000575190) Z �55�� ` MICHAEL S.G Y 9 Gv/N 1497,Q�r4a71 6Q`C�dQ�oP v"�ti,��a Li c. NO. 32 5 5 ®DENOTES AREA OF PROPOSED (GZ,,�',*,�tS' Ci 13I08/0023 STREET CLOSURE FOR VIRGINIA BEACH �P� G0�R �10 9 O� AVA RE, LLC AREA=APPROXIMATELY 813 S.F.OR 0.019 AC. ��', P�� G� S UK STREET CLOSURE EXHIBIT OF 0 G0 PP¢� �o �J �� GADDY ENGINEERING SERVICES,LL( 6,564 S F. PORTION OF J �P MICHAEL S.GADDY,PE,LS UNNAMED UNIMPROVED 30'RIGHT-OF-WAY 0 l9 30 757-289-5933 ON PLAN OF LOTS FOR 508 N.BIRDNECK RD.,SUITE D B F. OWENS M.B 6, P 271 VIRGINIA BEACH,VA,23451 VIRGINIA BEACH, VIRGINIA 1"=30' R5D R5DEIIERMA12 R5D R5D B2 0 Virginia Beach Boulevard 1�1 132 LM > 00 I- 1;1 11 a) 000l o Q m R5 D- ''_ °° � d ES] R5 D o Hiteshew Place H-iteshew -Place _ o 1 F � G R5D m 5 C o N ® site Born Primitive, LLC Zonninging W ,� ►- Z �olygon'1489, 1477, & 1469 Virginia Beach Boulevard & two parcels directly s Building east of 1469 Virginia Beach Boulevard Feet 02040 80 120 160 200 240 M It 4u " CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: BORN PRIMITIVE, LLC [Applicant] MODERN SAVAGE INVESTMENTS, LLC [Property Owner] Modification of Proffers to a Conditional Rezoning for the property located at 1489, 1477, & 1469 Virginia Beach Boulevard & two parcels directly east of 1469 Virginia Beach Boulevard (GPINs 2417057714, 2417150755, 2417059705, 2417152724, 2417154801). COUNCIL DISTRICT 6 MEETING DATE: April 16, 2024 ■ Background: Request by the applicant to modify the proffers associated with the 2004 Conditional Rezoning of the property from 0-2 Office District and R-5D Residential Duplex District to Conditional 1-1 Light Industrial and the 2023 Modification of Proffers in order to develop the site with an office warehouse. More specifically, the applicant seeks to amend Proffer 2 and Proffer 3 to modify the conceptual landscape plan and the building elevations associated with the 2023 approval. The applicant intends to increase the height of the building from 26 feet to 35 feet and add additional and larger windows to break up the mass of the exterior fapade. Slight changes are also proposed to the company logo and verbiage on the roof. The proffered landscape plan will be modified to enhance the 25-foot Category II Landscape Buffer along the southern and eastern property lines, to soften the building's appearance from the adjacent residential properties. The buffer will consist of a mixture of large shrubs, understory trees, and canopy trees to provide a contiguous screening of plant material that grows to a height of 12 to 35 feet at maturity. This enhanced landscaping is in addition to the 8-foot tall vinyl privacy fence previously proposed and approved within the buffer area. ■ Considerations: The proposed office warehouse is generally consistent with the Comprehensive Plan's land use policies for the Suburban Area and is compatible with the Navy flight operations. The property is located within the greater than 75 dB DNL noise zone and APZ-1, which prohibits the development of incompatible uses, including residential uses. In Staff's opinion, and the Planning Commission concurred, this is a low intensity use that will have minimal impacts on the surrounding community since it will have minimal customer traffic, generally operates with little to no noise, and typically operates between the hours of 9:00 a.m. and 6:00 p.m. To ensure the use on this site remains compatible with Navy flight operations, Proffer 4 has been Born Primitive, LLC Page 2 of 3 offered by the applicant to limit the use of the property to an office warehouse operation only. The Special Area Development Guidelines for the Suburban Area calls for building materials and colors that reflect and complement the character of the surrounding area, with colors that accent rather than define the building. While the exterior of the office space will include the branded colors of the company, it is a relatively small portion of the structure the majority of which does not abut the residential parcels. The accent colors may not be in full keeping with the guidelines for this area, Staff is amendable to the proposed design, as the majority of the building will be neutral in color and more in character with the surrounding properties. The Special Area Design Guidelines also call for the building to be oriented to the street for pedestrian connectivity with parking in the rear of the buildings. The applicant believed that putting the majority of the parking closer to Virginia Beach Boulevard, instead of the rear near the residences, would result in less impact to the adjacent residential properties. Planning Commission had no objections to this proposed layout. Due to the success of the business, the applicant seeks to increase the height of the building from 26 feet to 35 feet to allow for more clear height within the warehouse for storage. With the proposed increase in building height, the intent of the additional understory and canopy trees is to provide a more enhanced visual buffer of the building fapade from the adjacent residential properties. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached staff report. There is no known opposition to this request. ■ Recommendation: On March 13, 2024, the Planning Commission passed a motion to recommend approval of this request by a vote of 10 to 0. Proffer 1: Proffer numbered two (2) set forth in the 2023 Proffers is hereby deleted and replaced with the following "New Proffer" numbered 2 to read as follows: When the Property is developed, it shall be landscaped substantially as depicted on the exhibit entitled "CONCEPTUAL PLANTING PLAN & SCHEDULE FOR BORN PRIMITIVE WAREHOUSE, VIRGINIA BEACH, VIRGINIA", dated 12/4/2023, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning & Community Development (hereinafter "Landscape Plan") and incorporated herein by this reference. Proffer 2: Proffer numbered three (3) set forth in the 2023 Proffers is hereby deleted and replaced with the following "New Proffer" numbered 3 to read as follows: Born Primitive, LLC Page 3 of 3 When the Property is developed, the exterior of the warehouse with ancillary office area shown on the Concept Plan shall be substantially similar in appearance to and shall utilize the external building materials and architectural features as depicted on the exhibit entitled "NEW WAREHOUSE FOR BORN PRIMITIVE, OCEANA COMMERCE CENTER, VIRGINIA BEACH, VA", dated 12/04/23, prepared by Covington, Hendrix, Anderson Architects, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning & Community Development (hereinafter referred to as the "Elevations") and incorporated herein by this reference. ■ Attachments: Staff Report and Disclosure Statements Location Map Proffer Agreement Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. 1�� Submitting Department/Agency: Planning Department C�jk City Manager: Item Applicant Born Primitive, LLCAgenda PropertyOwner Modern Planning • • • 2024 City )B City Council • Virginia Beach Request Modification of Proffers Staff Recommendation VEAL CT N Approval a REY NARD DR l -+ Staff Planner 264 0,DVIRG1Nu'6EACHRD o 264 Marchelle Coleman Location E 1489, 1477, & 1469 Virginia Beach Boulevard & EACH BLVD Z. two parcels directly east of 1469 Virginia Beach `< x Boulevard ON16AVE i i3 GPINs INDUNAA ' 8 2417057714, 2417150755, 2417059705, '�� NEW Yg2KAVE 2417152724, 2417154801 w Site Size 4.40 acres y` AIICUZ I JENSEN DR 1 Greater than 75 dB DNL;APZ-1 Watershed Chesapeake Bay Existing Land Use and Zoning District Y' �s,�• '�' '~ �`x.r Ym �h"�' 4,• ► OTT BEND,LN ' Undeveloped lots/Conditional I-1 Light Industrial : J '�, a �R'` �� Surrounding Land Uses and Zoning Districts North Virginia Beach Boulevard � 11,'> VIRGINIA BEACH,B'LVI) � Vacant lots, single-family dwellings, duplex, " ` 9''' k� - -- '"�•, 4 multi-family dwellings/R-5D Residential,A-12 ti Q - Apartment District �`rSo r«.-�,<-, '•` South r r,, ' f !a� Single-family dwellings/R-5D Residential �;; HI?taHEW PL ,,• +;�� +�►: r---'fi East Gas station,single-family dwellings/B-2 jAft a`IiBA 0 y a"A Community Business, R-5D Residential , ° �°.'G.E l#' k is�° s 4"V. - N i West As' North Oceana Boulevard Religious use, single-family dwelling/R-5D Residential Born Primitive, LLC Agenda Item 11 Page 1 Background & Summary of Proposal • The applicant is requesting a Modification of Proffers to amend proffers associated with a 2004 Conditional Rezoning and 2023 Modification of Proffers on this Conditional 1-1 Light Industrial District zoned property located within the greater than 75 dB DNL noise zone and the Accidental Potential Zone 1(APZ-1) of the Air Installations Compatible Use Zones (AICUZ). • The applicant is requesting to modify Proffer 2 and Proffer 3 in the 2023 Proffers to implement the following changes to the previously proffered conceptual landscape plan, building elevations and building renderings: o The proffered landscape plan will be modified to enhance the 25-foot Category II Landscape Buffer along the southern and eastern property lines.The buffer will now consist of a mixture of large shrubs, understory trees, and canopy trees to provide a contiguous screening of plant material. Canopy trees will be installed at 1%2 inches to 2 inches caliper with a 35-foot height or greater a maturity, understory evergreen trees will be installed at 6 feet and grow between 12 to 35 foot in height at maturity,and large shrubs will be installed at 3 to 4 feet in height and grow to 8 feet or greater at maturity. o The building height will increase from 26 feet at the roof peak to 35 feet. o Additional and larger windows have been added to break up the mass of the exterior facade. o The company logo on the front fagade of the building,facing Virginia Beach Boulevard, has been slightly modified, as well as the verbiage on the roof,as depicted. • As shown on pages 9& 10 of this report,the building elevations will be comprised of red,white, and blue metal panels to align with the company's branding.The side and rear elevations will be clad with gray metal panels and the north elevation,which fronts Virginia Beach Boulevard,will include a gray stone veneer along the base of the structure. • As proffered,the Conceptual Landscape Plan shows the required building foundation, interior parking lot coverage, and street frontage plantings along with the 25-foot-wide buffer with Category II landscape plantings to screen the site from the residentially zoned properties to the south and east. • The proposed hours of operation are 9:00 a.m.to 6:00 p.m. daily. SD 2 R5D -RS R5D Zoning History R D # Request 1 MDP Approved 04/18/2023 Z vutawtA• cRbivo CRZ(0-2&R-51)to Conditional 1-1)Approved e2 02/24/2004 P 2 CUP(Church Expansion)Approved 03/28/2000 CUP(Church)Approved 04/23/1991 RSD R CUP(Church)Approved 1/19/1976 N P Rs ?�-- . 3 REZ(R-8 to B-2)Approved 02/14/1983 R5� CUP(Gas Station)Approved 02/14/1983 Rs RTOW PL D I7 Application Types CUP—Conditional Use Permit MDC—ModificationofConditions STC—Street Closure SVR—Subdivision Variance REZ—Rezoning MDP—Modification of Proffers FVR—FloodplainVariance LUP—Land Use Plan CRZ—Conditional Rezoning NON—Nonconforming Use ALT—AlternativeCompliance STR—Short Term Rental Born Primitive, LLC Agenda Item 11 Page 2 Evaluation & Recommendation This request to modify the proffers to amend the conceptual landscape plan, building elevations, and renderings to develop the site with an office warehouse is, in Staff's opinion, acceptable.The office warehouse is generally consistent with the Comprehensive Plan's land use policies for the Suburban Area. A guiding principle for the Suburban Area is to create "great neighborhoods,"which are stable and sustainable. In Staff's opinion,the proposed office warehouse is a low intensity use that will have minimal customer traffic and generally operates with little to no noise.As stated previously, operating hours are typically between the hours of 9:00 a.m.to 6:00 p.m.,which will have minimal impact on the surrounding residential properties. While the Comprehensive Plan would generally recommend a lower building height to better align with the adjacent residential dwellings, as previously mentioned,the applicant intends to install a more substantial landscape buffer adjacent to the residential properties to better screen the proposed building from the adjacent residences. As stated previously,the property is located within the greater than 75 dB DNL noise zone and the APZ-1.The proposed office warehouse use is consistent with the Comprehensive Plan's land use policies for this area and is compatible with Naval flight operations.As indicated in Proffer 4,the use of the property shall only be developed as an office warehouse operation. Due to the success of the business,the applicant seeks to increase the height of the building from 26 feet to 35 feet to allow for more clear height within the warehouse for storage. With the proposed increase in building height,Staff recommended that the buffering along the southern property line be enhanced to consist of a mixture of large shrubs, understory trees,and canopy trees spaced in a manner to provide a contiguous screening of plant material along the entire property line, as shown on the modified conceptual landscape plan. In response,the applicant has included a variety of large shrubs, understory trees,and canopy trees in the required buffer area. The intent of the understory and canopy trees is to provide a more enhanced visual buffer of the building fa4ade from the adjacent residential properties with species that mature to a height ranging from 12 feet to 35 feet.The applicant was amendable to this and has proffered a revised conceptual landscape plan to implement these recommendations. Based on the considerations provided above, Staff recommends approval of this request with the modified proffers listed below. The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement(CZA).The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved,the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. Proffer 1: Proffer numbered two (2)set forth in the 2023 Proffers is hereby deleted and replaced with the following "New Proffer" numbered 2 to read as follows: When the Property is developed, it shall be landscaped substantially as depicted on the exhibit entitled "CONCEPTUAL PLANTING PLAN &SCHEDULE FOR BORN PRIMITIVE WAREHOUSE,VIRGINIA BEACH,VIRGINIA",dated 12/4/2023,which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning& Community Development (hereinafter"Landscape Plan")and incorporated herein by this reference. Born Primitive, LLC Agenda Item 11 Page 3 Proffer 2: Proffer numbered three (3)set forth in the 2023 Proffers is hereby deleted and replaced with the following"New Proffer" numbered 3 to read as follows: When the Property is developed,the exterior of the warehouse with ancillary office area shown on the Concept Plan shall be substantially similar in appearance to and shall utilize the external building materials and architectural features as depicted on the exhibit entitled "NEW WAREHOUSE FOR BORN PRIMITIVE, OCEANA COMMERCE CENTER,VIRGINIA BEACH,VA", dated 12/04/23, prepared by Covington, Hendrix,Anderson Architects, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning&Community Development (hereinafter referred to as the "Elevations") and incorporated herein by this reference. 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 •m 2023 Proffer 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 SITE LAYOUT FOR BORN PRIMITIVE WAREHOUSE VIRGINIA BEACH,VIRGINIA", dated 01/03/23, prepared by TRC Engineers, Inc.,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 2: When the Property is developed, it shall be landscaped substantially as depicted on the exhibit entitled "CONCEPTUAL PLANTING PLAN &SCHEDULE FOR BORN PRIMITIVE WAREHOUSE,VIRGINIA BEACH,VIRGINIA",dated 01/03/2023,which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter"Landscape Plan"). Proffer 3: When the Property is developed,the exterior of the warehouse with ancillary office area shown on the Concept Plan shall be substantially similar in appearance to and shall utilize the external building materials and architectural features as depicted on the exhibit entitled "NEW WAREHOUSE FOR BORN PRIMITIVE,OCEANA COMMERCE CENTER,VIRGINIA BEACH,VA", dated 01/03/23, prepared by Covington, Hendrix, Anderson Architects,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 "Elevations"). Proffer 4: When the Property is developed as depicted on the Concept Plan, Landscape Plan and Elevations, its use shall be for office/warehouse. Proffer 5: 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. Born Primitive, LLC Agenda Item 11 Page 4 Comprehensive . . . • The Comprehensive Plan recognizes this property as being within the "Suburban Area." Guiding principles have been established in the Comprehensive Plan to guard against possible threats to the stability of the Suburban Area and to provide a framework for neighbors and places that are increasingly vibrant and distinctive.The Plan's primary guiding principle for the Suburban Area is to create"Great Neighborhoods,"and to support those neighborhoods with complementary non-residential uses in such a way that ensures the stability and sustainability of the Suburban Area now and in the future. Compatible infill development is encouraged, as long as the use is appropriate,and the building is in scale with the surrounding area. Special Area Development Guidelines call for buildings to be oriented to the street and designed to encourage pedestrian movement. Building massing and height should be appropriate to the surrounding area,as well as provide visual and architectural interest through staggered building placement and varied rooflines. ImpactsNatural & Cultural Resources The site is located in the Chesapeake Bay watershed.There does not appear to be any significant natural or cultural resources associated with the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Virginia Beach Boulevard 20,850 ADT' 25,100 ADT 1(LOS°"D") Existing Land Use(vacant 1-1 zoned parcel)—0 ADT Existing Zoning 2-114 ADT N.Oceana Boulevard No Data Available 9,900 ADT 1(LOS 4-D") Proposed Land Use 3-102 ADT 'Average Daily Trips 2 as defined by 48,000 3as defined by 40,600 square feet °LOS=Level of Service square feet of warehouse, of warehouse/office existing approved use Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Virginia Beach Boulevard, in the vicinity of this site, is a four-lane minor arterial urban roadway.Virginia Beach Boulevard has a variable width right-of-way, and the MTP shows a divided roadway with an ultimate right-of-way width of 100 feet. N. Oceana Boulevard is a two-lane local roadway.There are no CIP projects located in the vicinity of this site. Public Utility Impacts Water There are two 12-inch City water mains along Virginia Beach Boulevard and a six-inch and 12-inch water main along N. Oceana Boulevard. Since there are multiple water service connections fronting the site, any unused water services must be abandoned in accordance with Public Utilities Design Standards Manual Section 4.9. Sewer There are two eight-inch City sanitary sewer gravity mains along Virginia Beach Boulevard and an eight-inch along N. Oceana Boulevard. Since there are multiple sewer service connections fronting the site, any unused sanitary sewer laterals must be abandoned in accordance with Public Utilities Design Standards Manual Section 3.9. Born Primitive, LLC Agenda Item 11 Page 5 Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on February 12, 2024. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, February 28, 2024 and March 6, 2024. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on February 26, 2024. • This Staff report, as well as all reports for this Planning Commission's meeting,was posted on the Commission's webpage of www.VirginiaBeach.gov/pc on March 7, 2024. City Council • As required by City Code,this item was advertised in the Virginian-Pilot on Tuesdays,April 2, 2024 and April 9, 2024. • As required by City Code,the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on April 1, 2024. • The City Clerk's Office posted the materials associated with the application on the City Council website of https://clerk.virginiabeach.gov/city-council on April 12, 2024. Born Primitive, LLC Agenda Item 11 Page 6 Proposed Conceptual Landscape Plan if IIIA Id Born Primitive, LLC Agenda Item ll Page PLANT SCHEDULE • rY[� f f LL ..:txr-arlu � i5?13.naQt+Ca• _I'nl RS• tI MSL S1Rl W5 M . 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X KAST'A1 9RI MIN le OYfY folW:+.:R t.[:I:.r.�..IV 11 1��L 4!_I to K.1,Ji y `NIlieeG nt,\.RC WW1 M at2T-t-ia- •Ra'\UOt Wal R[,a 1.—R.,'[Om i W.W.SiM PX-Mll: Al'c--R!#.a 1:.M.lr�nlY s ru v rp JYTJMM.Y C ne RC.Yt: M.S—S N ;A 1A1. p w7 n Y!YIYd6 R i0.LYJL 4•J1 N 7 f W" I M"i"NY ArWF Rtax MM 'f.11C4T•.rW MI M/fil 1 I W YYII Yn 9cOn Yb.r 1..Ic:R_r Yv Yt li SY4 is Itw c-sm.,L rsa f Lt►NA:lll i'}]Y r71vL P7e.'rVl(-71.RK 11C 'ONIXTJ 9."M M T.-07 U-Y 0 O K:Mt-1 J,hRAC1 aH UYn.::GIR MIU 11.\y MR\:114 r:cF:)r e4YQrtaRl_ Y• /n4r f.•c t•CIg F14 if IP;•e}:I.M3:tF1R WAR x� H'O ti iT.11cnt s s05•"�Ylili-"xrQ o N)6V'll fi lR:l7U Qt vY�;.:$Bt aF< y rWr Rat i1•Sf'LL is LB n OWN iM ::ry R G IIPC V F 'p GENERAL PLANTING NOTES /g\PARKING(STREETSCAPE CALLS 3 W o �e tuBlsl;.m1� xs:zrrr real a c � Yal>�rw �YJCiYFA111E?= Ral 1a'c'atH:t�p-E / rrslsrst h1=cIL'151.c1t f :�A1ID.xlf a'JF Ilel YM W sar � � o W IL'MYOle L" rr�naaleluc-�•f.� ,V\,`�t��. '.1v�lrrsla, gea.uR L�n•r:Ra �=won>t�is; _ W1,T7/rV r•-a'x 1ar:�1'fs\< t ��'rt I ^iWL;J:M:,RKEr-'.�'6 1 t ffJ/ jam: r 1 j -WSE:lr3 PlFC• � rsl Wu_ 1YQ9^.11 a+ D aQ.. 2-0.�4 L \ f:l Y[•11 \. �a;w�ce� �':c::` ��=�+acfilerJE � ffF-Ja&,Li 36FF �I;0 B1 � �irv.iO. :C6r•:;1Rlntfi �`-1.2T}E•.).YYf: �•��.;• m �.PLANT METHOD 1 !D�,PLANT METHOD 3 E'Ez E ..PLANT METHOD 4 ALUMINUM EDG /F , uoL f � r F PLANT SPACING AT BUILDING.TYP. _aR nIs An Lls is nls Lnl Yrt; :[i¢�eeW Yu (D F 00 F C 1 p - O W m o w Z c o 0 0 c o 0 0 0 O G o 0 0 0 0 0 0 wz� - 00 0 00 0 0 00 _ o , 0 00 oo y Ir .>.wr.s.wawomr..v+.w. � «.'S 11�11 � � �' n�sc�y L «^w...a.wre...e.�s•..rr.�aw-.r< wcs.«�...a.. /1FRONT ELEVATION /\REAR ELEVATION It ,n G O C. O C. O 0- 0 -1 C- 0 O 0 0 Or.. ..O...�C !s` —i if ti m�ELEVATON / i 0 0 0 O 0 O O 0 O 0 0 0 0 O O O O C t O �x UU r«amr.»r ti Q" jSIQE ELEVATION m 3 (D A1.0 Proposed Building Renderings r View I v I 's�llei 0 I �) �i i is ` al e� 0 Agenda Item 11 —OECddMIREFIn—, 'N?":'+n aaisi° Umi T'dI01n 1R•RI� , LIACF OECR0.[1RFF RI �-f[[t: _r.-._ �_--s y uo,u faamus rREF nI-, , vs�uwc OfAPiBIYA , 9G4LLFLEIISRE&SNMI,IY —IlAAOf@AIY111Ef U I/ �U • fEDAA1 DFG0.0.031MJGn3i ••i .a'-THM /• 1lIIIlG RttlAIR tI[EIII • M iREE;T � \ I � - � - \ 1 L !!J�iMJty V • } it < 11 5g� I }f j' - , -BTv�el I l �;. I ? LtU rl�� - d tla?ffTca j'y }}{ �� t s uRCEoccowu- _� j r.a•af+ I �. y!! I IIEE(1) � w«u3�euneRerx / J. l f�t.'r4}.1.'l�`�'�ri,.l t f 1.'r n.l'J.��:.0 J<�.'l�r.��,�-1L4}aW,l".�i..j i.�'f,(--�1.-1��...��J � �"+ r)•�1{1"�� f �'�J,t �' � r � to /! -, �. ♦ _. - .. YE9IUEEYERGIEER�� , carurss v .,fl•. .4u 1 xrtw,...' IARGE E—I i Y}FLL EVERGREHI SxRL[IfNi � :NCIER'�F CONCEPT PLANT SCHEDULE Pun acasxeTsa�cucuu Kxs : it r.Yxrtn3rc .I rc y wL i •tc anR[n a'�wn ael[c n•as .E•.:.;rrc>�� REY[d nnk°t IL 5lYf l fM).t If ribN.:U1 as 5 �1 p[R'S4aL an3 'y J � t SL:IARtl¢-O.L<91i r C _ APPROVEDn,as r � F �tE•,.I hMY-;,gin 'Fhffi[•n+vc, S i"•'R3llk`t h e S r r +c=::la,3rs BY CITY COUNCIL ° z� aa-ncncsus carte m L AECDRD t. 2073KCC-0m =� DATE: d(18J20t3 t4 aas sR.a i 7 777 nn 9^N BY' C PLANNING&.^-DMMUN"DEVELOPMENT � ;,) e•G:rrasr.s .r [Rr Esna[Slta Fas->. R I Rmm SEN=1'dY'. C ro+zn s JR W ! `Is:ivnaix iai`z'i. ni n�R.t�za c-.cii i H E � clscuuw�e f pro o ensr.,'.FliroiE=`Eeievr n�it�i.-� J EX-.'! _ xE[R[cx.x;�-aEcrcnu.cral (D � � r N � n APPRO ED - BY CITY COU CIL • O O 0 © 0 , O � O 0 0 0 O O C a • i u .. a p wQ o� O w • w� z a.0 3 C 0 0 0 (D C C-) C 0 Z�w FL PLAN E1�4Sd6l191A1i13EC1AYt 00 �...,...>...,......,.....�,.�.. m U w 0 5 0 0 0 0 0 0 0 0 o (1FRONT ELEVATION li1REAR ELEVATION I _ , c 1 @LEFT;DE ELEVATION O C 0 O O 0 O 0 O O Q O O O O C 0 O �.cun O W M v Q @ IGNT SIOE ELEVATION rQ M M A1.0 r N N r N N (l 2023 Proffered Building Renderings fil JU view z APPROVED BY CITY COUNCIL zw.a-rcccar,os UAIL-.t'r 6,I18f20M SIC A PIANNING&COMMUNM DEVELOPMENT o 0 flV �2� i0 3 V HHLL 0 H 5 C7 I i 0 RgQ.g PI AN APPROVED BY CITY COUNCIL Yw— zw�x<ca000, - fMNNNG i COMM4N'tY UCVCIOVMfNT Born Primitive, LLC Agenda Item 11 Page 13 Site Photos r y M1 _ a i i i4. y- .k . r..�. . Born Primitive, LLC Agenda Item 11 Page 14 Site Photos `. n Disclosure Disclosure Statement CrNditvvina,a--h Planning&Community Development The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board,commission or other body. Applicant Disclosure Applicant Name Born Primitive,LLC,a Virginia limited liability company Does the applicant have a representative? ■Yes ❑No • If yes,list the name of the representative. R.Edward Bourdon,Jr.,Esq.,Sykes,Bourdon,Ahern&Levy,P.C. Is the applicant a corporation,partnership,first,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) Timothy Handlon,C.E.O.;Mallory Riley,C.O.O. • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity2 relationship with the applicant. (Attach a list if necessary) '"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation.' See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. _"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(III)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va Code§2.2-3101. 11 . Born Primitive, LLC Agenda Item 11 Page 16 Disclosure Disclosure Statement OtgIn-uV„,,B-1i 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 K 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. Blue Ridge Bank 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?W Yes ❑ NO • If yes,identify the firm and individual providing the service. Kevin Stewart,Stewart&Company 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. Jonathan Covington,Covington,Hendrix&Anderson Architects 5. Is there any other pending or proposed purchaser of the subject property?❑Yes M No • If yes,identify the purchaser and purchaser's service providers. 2 , Born Primitive, LLC Agenda Item 11 Page 17 Disclosure Minning&Community- Development 16, . ° 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 C No • If yes,identify the company and individual providing the service Anthony Cataldo,Cataldo Builders,Inc_ 1. 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 s If yes,identify the firm and individual providing the service. Joe Bushey,TRC Engineers,Inc. 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. 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. Born?rimY ve, By Appti a t gnatu e MallorySJRiley, O Print Name and Title Aiererai"e"-.,2023 D Is the applicant also the owner of the subject property? ©Yes M No • if yes,you do not need to fill out the owner disclosure state ex that pertains to the applications ® No changes as of Date 3/2 C/2024 Signature f Marchelle L. Coleman 3i Born Primitive, LLC Agenda Item 11 Page 18 Disclosure Disclosure Statement GtitV n(Virpi w B—h Planning&Community Development Owner Disclosure Owner Name Modern Savage Investments,LLC,a Virginia limited liability company Applicant Name Born Primitive,LLC,a Virginia limited liability company 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) Timothy Handlon,C.E.O.;Mallry S.Riley,C.O.O. • 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 ®No • If yes,what is the name of the official or employee and what is the nature of the interest? '"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. '"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va Code§2.2-3101. 51 Born Primitive, LLC Agenda Item 11 Page 19 Disclosure Wsclosure StatementVB Planning&Community a� Owner Services Disclosure 1. Does the Owner have any existing financing(mortgage,deeds of trust,cross-coilateralization,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. Blue Ridge Bank 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. Kevin Stewart,Stewart&Company 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. Jonathan Covington,Covington,Hendrix&Anderson Architects 5. Is there any other pending or proposed purchaser of the subject property?❑Yes ®NO • If yes,identify the purchaser and purchaser's service providers. 6. Does the Owner have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?®Yes ❑NO • If yes,identify the company and individual providing the service. Anthony Cataldo,Cataldo Builders,Inc. 7. Does the Owner have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?0 Yes ❑No • if yes,identify the firm and individual providing the service. Joe Bushey,TRC Engineers,Inc. 61 Born Primitive, LLC Agenda Item 11 Page 20 Disclosure Disclosure Statement 11pnililig&Community Developnient 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 i`orm 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. Modern a e I ve tments,LLC By: Owne Si n ure Mallory 5,Riley,CO Print Name and Title NQ"aml;3Pr a,2023 Born Primitive, LLC Agenda Item 11 Page 21 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-5692. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Born Primitive, LLC Agenda Item 11 Page 22 �4GtT11A BF�q�,� 0 s CITY OF VIRGINIA BEACH • INTER-OFFICE CORRESPONDENCE 0" OUR NPt"iS In Reply Refer To Our File No. DF-11155 DATE: April 3, 2024 TO: Mark D. Stiles DEPT: City Attorney FROM: B. Kay Wilson DEPT: City Attorney RE: Conditional Zoning Application; Modern Savage Investments, LLC The above-referenced conditional zoning application is scheduled to be heard by the City Council on April 16, 2024. 1 have reviewed the subject proffer agreement, dated December 4, 2023 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further.. BKW/ka Enclosure cc: City Manager . 3 SECOND AMENDMENT TO PROFFERED COVENANTS,RESTRICTIONS AND CONDITIONS MODERN SAVAGE INVESTMENTS,LLC,a Virginia limited liability company TO(PROFFERED ZONING COVENANTS,RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH,a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT,made this 4th day of December,2023,by and between MODERN SAVAGE INVESTMENTS, LLC, 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 those five (5)parcels of property located in the City of Virginia Beach,Virginia, containing a total of approximately 4.40 acres, as described in Exhibit "A" attached hereto and incorporated herein by reference, which are referred to herein as the "Property";and WHEREAS, the Grantor has initiated a modification to a conditional amendment to the Zoning Map of the City of Virginia Beach, by petition addressed to the Grantee so as to modify a condition to the Zoning Classification of the Property;and WHEREAS,the Grantor has requested Grantee to permit this modification of the previously proffered Covenants, Restrictions and Conditions dated January 3, 2023 as recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument Number 202303013919 (hereinafter"Initial 2023 Proffers"),to reflect amendments applicable to the land use plan on the Property;and GPIN: 2417-05-7714-0000 2417-05-9705-0000 2417-15-0755-0000 2417-15-2724-0000 2417-15-4801-0000 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,it is the intent of the Grantor that the proffered conditions numbered'2"and"3" as contained in the Initial 2023 Proffers be modified;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 awd per q for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes the following amendment to the Conditions and Restrictions as proffered which shall restrict and govern the physical development,operation,and use of the Property and hereby covenants and agrees that this declaration along with the unchanged Initial 2023 Proffers shall constitute zoning proffers running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor,its successors,personal representatives,assigns,grantees, and other successors in interest or title: Proffer numbered two (2) set forth in the Initial 2023 Proffers is hereby deleted and replaced with the following"NEW PROFFER"numbered 2: 2. When the Property is developed,it shall be landscaped substantially as depicted on the exhibit entitled "CONCEPTUAL PLANTING PLAN & SCHEDULE FOR BORN PRIMITIVE WAREHOUSE, VIRGINIA BEACH, VIRGINIA", dated 12/4/ 2023, which has been exhibited to the 2 Community Development (hereinafter "Landscape Plan") and incorporated herein by this reference. Proffer numbered three (3) set forth in the Initial 2023 Proffers is hereby deleted and replaced with the following"NEW PROFFER"numbered 3: 3. When the Property is developed,the exterior of the warehouse with ancillary office area shown on the Concept Plan shall be substantially similar in appearance to and shall utilize the external building materials and architectural features as depicted on the exhibit entitled "NEW WAREHOUSE FOR BORN PRIMITIVE, OCEANA COMMERCE CENTER,VIRGINIA BEACH,VA",dated 12/04/23, prepared by Covington, Hendrix,Anderson Architects,which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning & Community Development (hereinafter referred to as the "Elevations") and incorporated herein by this reference. The above conditions, having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance,shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions or further modifies the proffered conditions or restrictions to which the Property is subject to in its current Zoning District. 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 3 S ' ti 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 may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department,and they shall be recorded in the Clerk's Office of the Circuit Court 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: Modern Savage Investments, LLC, a Virginia limited liability company PJAA By:—Nl,� - (SEAL) ory S. ey,COO STATE OF VIRGINIA CITY OF VIRGINIA BEACH,to-wit: g Y F - A(' The foregoinginstrument was acknowledged before me this day oover,er, 2023, by Mallory S. Riley, COO of Modern Savage Investments, LLC, a Virginia limited liability company, Grantor. ov� Notary Public M Commission Expires: 3l a0 Y P AISNA KAI NORTON Notary Registration Number: '� � 3� Notary Public Commonwealth o1 vlrginla 7970231 My commission Expires 08/31/2025 5 EXHIBIT "A" Parcels I,II and III: All Those certain lots, together with the buildings and improvements thereon, and appurtenances thereunto belonging,lying,situate and being in the City of Virginia Beach,Virginia,and being known, numbered and designated as Lots A, B,and C as shown on that certain plat entitled,"Resubdivision of Property of John S. Waller Family Limited Partnership, as shown on Plat of Property of H.H. Hill located in Oceana Gardens,Princess Anne Co.,VA,Map Book 22,page 17,IN.200303130039583,IN 200302240026224, IN. 200312010197830, Virginia Beach, Virginia", which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia,as Instrument Number 20100308000214600. GPIN: 2417-05-7714; 2417-05-9705-0000; 2417-15-0755-0000 Parcel IV: All that certain lot, piece or parcel of land, located and being in Oceana Gardens of Lynnhaven Borough in the City of Virginia Beach (formerly Princess Anne County), Virginia, and being part of Plot 40 of the Plat of Oceana Gardens, and more particularly described as follows: Beginning at a point on the Southern line of State Route 58, commonly known as Virginia Beach Boulevard, at its intersection with a dividing line between Plots Forty-One (41) and Forty-Six (46) of Oceana Gardens, and running thence along said dividing line South 7° 30'West, 237.21 feet to Plot Forty- One (41) of said Oceana Gardens; thence North 82' 30'West along the dividing line between Plot Forty(40) and Forty-One (41) 50 feet; thence North 7° 30' East, 237.21 feet to the Southern line of Virginia Beach Boulevard 50 feet to the point of beginning. GPIN: 2417-15-2724-0000 Parcel V: All that certain lot, piece or parcel of land, with the buildings and improvements thereon and the appurtenances thereunto belonging, lying, situate and being in Lynnhaven Magisterial District, Princess Anne County, Virginia, in Block Forty (40), of "Oceana Gardens" and more particularly bounded and described as follows,to-wit: Beginning at a point on the Southern line of Virginia Beach Blvd., which point is 507.67 feet from the Southeastern corner of East Lane and Virginia Beach Blvd. and running thence Easterly along the Southern side of Virginia Beach Blvd. 279.37 feet to a point; thence turning and running in a Southerly direction and parallel to East Lane 237.21 feet to a point; thence turning and running in a Westerly direction and parallel to Virginia Beach Blvd. 279.37 feet to a point; thence turning and running in a Northerly direction and parallel to East Lane 237.21 feet to the point of beginning. GPIN: 2417-15-4801-0000 H:\AM\-Mod of Proffers\Modern Savage Investments\2023\2nd Amendment to Proffers.docx 6 Virginia Beach Planning Commission March 13, 2024, Public Meeting Agenda Item # 11 Born Primitive, LLC RECOMMENDED FOR APPROVAL Ms. Cuellar: Thank you. Okay, our next item number, number 11 . Madam Clerk: Agenda item number 11, Born Primitive LLC is a modification of proffer's request at 1489, 1477, and 1469 Virginia Beach Boulevard, and the two parcels directly east of 1469 Virginia Beach Boulevard in District 6. Mr. Bourdon: Thank you, Madam Chair. Thank you all very much. Madam Chair, Eddie Bourdon, Virginia Beach attorney representing the applicant born primitive, and the parent company, same ownership that just owns the land. This is a startup company here in Virginia Beach, their Navy Seal, and some other former well actually is his, I think, significant other, but they started this business in their house. They produce active wear, and compete with the Nikes, but, they have created a very good, a very good following, very good, and have grown exponentially, and all this was in the write up when we did this a year ago, roughly, and unfortunately, I didn't bring all that with me today, but they have, and they've gotten a grant from the Economic Development Authority they're, they're, they have a small office, and they've been working, you know, with their warehouse down off of, I think, Dam Neck Road. So they're building this for their, future and for their growth, which is continuing to expand and expand. When they were doing the final design going through the site plan their architect said, you know, if you just raise this a little bit, you can put a whole another level of storage that you get to with the lifts. Based on the way their business is growing, so greatly that's the reason why we're here, just to have the building be a little bit taller. It's not because there are going to be more people coming to it. It's a warehouse. The office in the front, is no different than it was when it was approved before. It had been approved for a series of flex suites, that late John Waller had gotten this property rezoned, and we just came in, and modified his proffers. He never had developed the property, and made it a better situation, and the building is not at the rear setback at all. It's in the middle of the lot, so there's plenty of room. We had an outreach the first time and one lady, all, everybody got noticed behind it, and they're just two blocks up the street at the First Colonial Road, east of the First Colonial Road entrance. They've got a building there that they're working out of temporarily, and she came, but she had talked to all of her neighbors went back, and took all the plans, all the neighbors, and got back to say everybody thinks it's great, and so we didn't do that again. I mean, I didn't feel it was necessary to go back, and talk to them, and they didn't. No one at any opposition before, and I don't believe any of anybody does today. Mr. Plumlee: Just the reason why I didn't want to put this through consent as I think we put it through consent in April of last year, something like that, and there hadn't been a word from anyone in my district about this, but then construction hadn't started, and there hadn't been any breaking of the ground or any calling attention to it, so I felt as though we should at least have a hearing today to allow people to have time if they're able, you know, to get out here. I've not heard any objection to it, and I support it, and I appreciate business going in this corridor. We need business in this corridor, but I didn't want to deny the people of my district an opportunity to come forward at least, and have the public hearing. So, thank you. Mr. Bourdon: I appreciate it, and they have, as Marshall told you, they have instantaneously agreed to do all the additional landscaping that that staff requested. Ms. Cuellar: Thank you very much. I can open up the floor for discussion, or I can entertain a motion. Mr. Plumlee: I'll move to approve. Ms. Byler: Second. Ms. Cuellar: Are there any commissioners abstaining? We have a motion by Commissioner Plumlee, a second by Commissioner Byler. Madam Clerk: The vote is now open. By a vote of 10 to 0, agenda item number 11 has been recommended for approval. AYE 10 NAY 0 ABS 1 ABSENT 1 Alcaraz ABSENT Anderson AYE Byler AYE Cromwell AYE Coston AYE Cuellar AYE Estaris AYE Hi en AYE Mauch AYE Parks AYE Plumlee AYE PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. Proffer 1: Proffer numbered two (2) set forth in the 2023 Proffers is hereby deleted and replaced with the following "New Proffer" numbered 2 to read as follows: When the Property is developed, it shall be landscaped substantially as depicted on the exhibit entitled "CONCEPTUAL PLANTING PLAN & SCHEDULE FOR BORN PRIMITIVE WAREHOUSE, VIRGINIA BEACH, VIRGINIA", dated 12/4/2023, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning & Community Development (hereinafter "Landscape Plan") and incorporated herein by this reference. Proffer 2: Proffer numbered three (3) set forth in the 2023 Proffers is hereby deleted and replaced with the following "New Proffer" numbered 3 to read as follows: When the Property is developed, the exterior of the warehouse with ancillary office area shown on the Concept Plan shall be substantially similar in appearance to and shall utilize the external building materials and architectural features as depicted on the exhibit entitled "NEW WAREHOUSE FOR BORN PRIMITIVE, OCEANA COMMERCE CENTER, VIRGINIA BEACH, VA", dated 12/04/23, prepared by Covington, Hendrix, Anderson Architects, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning & Community Development (hereinafter referred to as the "Elevations") and incorporated herein by this reference. ----DamNeck Roa _ - - -- -_- H1 A►G1 B2 B�2 11 11 O1 11 AG 1 N ® Site f . Virginia Electric & Power Company dba Dominion Energy Virginia E Property Polygons 1585 Dam Neck Road S Zoning Building Feet 0 4590 180 270 360 450 540 •. f iCt ¢A� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: VIRGINIA ELECTRIC AND POWER COMPANY DBA DOMINION ENERGY VIRGINIA [Applicant] USA ENTERTAINMENT, LC [Property Owner] Conditional Rezoning (Conditional B-2 Community Business District to Conditional 1-1 Light Industrial District) & Conditional Use Permit (Bulk Storage Yard) for the property located at 1585 Dam Neck Road (GPIN 2405848720) COUNCIL DISTRICT 5 MEETING DATE: April 16, 2024 ■ Background: The applicant, Dominion Energy, seeks to rezone 13.8 acres from Conditional B-2 Community Business District to Conditional 1-1 Light Industrial District to construct an office/warehouse building. In conjunction with the rezoning request, the applicant is seeking a Conditional Use Permit request for a Bulk Storage Yard to store equipment used to support transmission operations in the area. The property is located on Dam Neck Rd, adjacent to the Corporate Landing Business Park and is located within the greater than 75 dB DNL noise zone of AICUZ. The property was previously rezoned in 1996 from AG-1 Agricultural District to Conditional B-2 along with a Conditional Use Permit to construct and operate an Indoor Recreation Facility; however, the facility was never constructed and the site remains wooded today. Temporary access to the site is proposed from Dam Neck Road; however, upon completion of Twin Mills Road to the west, the Dam Neck Road access will be closed and permanent access will be established on Twin Mills Road. The proposed 72 parking spaces exceed the parking requirement by 7 spaces. Equipment such as steel transmission poles and related hardware, pallets, and approximately 12-24 gas cylinders for inert gas (sulfur hexafluoride) are proposed to be stored on site. The outdoor storage area will be screened by a six-foot tall opaque fence with Category VI landscaping. Some of the existing vegetation on site will be retained and be used toward meeting the screening requirements. Preliminary review of the conceptual stormwater management strategy, which includes a BMP, indicates the project can successfully comply with the stormwater requirements. Virginia Electric and Power Company dba Dominion Energy Virginia Page 2 of 4 ■ Considerations: While this portion of Dam Neck Road is access controlled, the proposed temporary access point on Dam Neck Road has been reviewed and determined to be acceptable by Traffic Engineering staff. The adjacent property, to be developed with an e-commerce facility, will include the construction of a new public road, Twin Mills Road, that is estimated to be completed in 2025. At such time, the access point on Dam Neck Road will be closed, a one-foot no ingress/egress easement will be dedicated along the entire frontage of Dam Neck Road, and a new access point for this parcel will be established on Twin Mills Road. Additionally, the proposed use generates significantly less traffic volume compared to what could be developed under the current Conditional B-2 zoning designation. The proposed office and bulk storage yard are compatible uses within AICUZ. The Navy reviewed these requests and did not raise any objection. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. There is no known opposition to this request. ■ Recommendation: On March 13, 2024, the Planning Commission passed a motion to recommend approval of these items on the Consent Agenda, by a recorded vote of 10-0. Proffers for CRZ: Proffer 1: When developed, the Property shall be developed in substantial conformity with the conceptual site plan entitled "VIRGINIA BEACH EAST, PREPARED FOR DOMINION ENERGY, VIRGINIA BEACH, VIRGINIA, CONCEPT PLAN", dated December 22, 2023, and prepared by Kimley-Horn and Associates, Inc. (the "Concept Plan"), a copy of which has been exhibited to the Virginia Beach City Council, is on file with the Virginia Beach Department of Planning, and is incorporated herein by this reference. Proffer 2: The quality of architectural design and materials of the office building constructed on the Property, when developed, shall be in substantial conformity with the exhibit entitled "DOMINION ENERGY-VIRGINIA BEACH, CONCEPT SKETCH", dated December 22, 2023, and prepared by Baskervill (the "Elevations"), a copy of which is on file with the Department of Planning, has been exhibited to the Virginia Beach City Council, and is incorporated herein by this reference. Proffer 3: Landscaping installed on the Property, when developed, shall be in substantial conformity with that shown on the exhibit entitled "VIRGINIA BEACH EAST, PREPARED FOR DOMINION ENERGY, VIRGINIA BEACH, VIRGINIA, CONCEPT LANDSCAPE PLAN", dated December 22, 2023, and prepared by Kimley-Horn and Associates, Inc., (the "Landscape Plan"), a copy of which is on Virginia Electric and Power Company dba Dominion Energy Virginia Page 3 of 4 file with the Department of Planning, has been exhibited to the Virginia Beach City Council, and is incorporated herein by this reference. The exact species of the various types of landscaping shall be determined at final site plan review. Proffer 4: Freestanding signage located on the Property shall be monument-style, no larger than eight feet (8') in height, and shall be constructed of materials compatible with those used for the buildings located on the Property. Proffer 5: Any dumpster located on the Property will be screened from adjacent public streets by an enclosure constructed of materials compatible with those used for the buildings located on the Property. Proffer 6: The final stormwater management plan submitted to the Development Services Center (DSC) during the site plan review process for the development of the Property shall comply with applicable City Stormwater Management ordinance(s). A preliminary stormwater analysis in connection with the proposed development of the Property has been submitted to the City Planning Department. Proffer 7: Vehicular access along the Property's Dam Neck Road frontage may be provided substantially as depicted on the Concept Plan; however, such access shall be closed and removed once alternative access to and from the Property is available by means of a completed and dedicated public road adjoining the western boundary of the Property. Once alternative access is completed and operational, a continuous 1' no ingress-egress easement will be dedicated along the Property's frontage on Dam Neck Road. Proffer 8: 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. Conditions for CUP: 1. Upon closure of the temporary access point on Dam Neck Road, the area shall be restored and revegetated with a 30-foot wide landscape buffer in a manner consistent with (at maturity) the proposed 30-foot landscape buffer along Dam Neck Road. 2. Prior to final site plan approval, the following shall be provided: Virginia Electric and Power Company dba Dominion Energy Virginia Page 4 of 4 a. A Wetland Delineation along with an approval/confirmation letter from the applicable state or federal agency(ies) having jurisdiction shall be submitted to the Department of Planning and Community Development. b. A Lighting Plan in accordance with Sections 252 and 254 of the Zoning Ordinance, or as amended, shall be approved by the Department of Planning and Community Development. c. A Site Plan depicting onsite amenities, which shall be subject to approval by the Director of the Department of Planning and Community Development. ■ 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 et-ky City Manager: fV Applicant Virginia Electric and Power Company d/b/a Agenda Dominion Propertyowner USA Entertainment, LC / cry(,( _ • • • 1 3 Virginia Beach City Council District 5 Requests #3 -Conditional Rezoning(Conditional B-2 to Conditional 1-1) #4-Conditional Use Permit (Bulk Storage Yard) Staff Recommendation Approval Staff Planner onMwECKRo Hoa N. Dao PERIMETER PKWY Jj Location 1585 Dam Neck Road GPIN 2405848720 Site Size 13.83 acres AICUZ Greater than 75 dB DNL Watershed Southern Rivers Existing Land Use and Zoning District Wooded parcel/B-2 Community Business Surrounding Land Uses and Zoning Districts ~- 7 North ..+- - DAM NECK RD Dam Neck Road Wooded parcel/AG-1 Agricultural South Office,wooded parcel/1-1 Light Industrial, AG-1 Agricultural East t Wooded parcels/ H-1 Hotel, 0-1 Office e West Warehousing(future)/1-1 Light Industrial 1 4_ Virginia Electric and Power Company d/b/a Dominion Energy Virginia Agenda Items 3 &4 Page 1 Background SummaryofProposal • In 1996, City Council approved a rezoning of this 13.83 acre parcel from AG-1 Agricultural District to Conditional B-2 Community Business District along with a Conditional Use Permit request to construct and operate an Indoor Recreation Facility.The recreational facility was never constructed. • The applicant now seeks to rezone the property to Conditional 1-1 and construct a 21,216 square foot office building for approximately 50 employees.The applicant also seeks a Conditional Use Permit request for a Bulk Storage Yard to store equipment used to support transmission operations in the area. Equipment such as,steel transmission poles and related hardware, pallets, and approximately 12-24 gas cylinders (inert gas -sulfur hexafluoride)are proposed to be stored on site. Each gas cylinder is approximately 58 inches tall and 30 inches in circumference. • The property is located within the greater than 75 dB noise zone of the AICUZ.The proposed office and bulk storage yard are compatible uses within this noise zone. The Navy reviewed these requests and did not raise any objection. • The site will utilize temporary access from Dam Neck Road until the future road,Twin Mills Road, is constructed on the western side of this parcel. At such time,the access point on Dam Neck Road will be closed. • The proffered plan depicts a pond on the western side of the parcel for stormwater management. • 72 parking spaces are provided, exceeding the parking requirement of 65 parking spaces for this site. • The outdoor storage area will be screened by a six-foot tall opaque fence with Category VI landscaping. Existing vegetation onsite will be preserved to meet screening requirements for the proposed uses. • The office building is proffered to consist of gray metal panels and masonry brick with a slanted roof.The proposed building design and materials will be compatible with the surrounding area. 2 AGt AG1 Zoning History # Request DAIAWFCKRD 1 MDP Approved06/07/2022 CRZ(AG-1&AG-2 to Conditional 1-1)Approved 08/04/2015 HI H1 CUP(Bulk Storage Yard)Approved 08/04/2015 2 CRZ(AG-1&AG-2 to Conditional 1-1)Approved 01/04/2022 CRZ(AG-1&AG-2 to Conditional 1-1)Approved 09/07/2021 1 Gt 01 1 3 MDP Approved 12/07/2021 11 11 MDP Approved 06/25/1996 4 CRZ(AG-1 to Conditional H-1&0-1)Approved 04/22/2003 5 CRZ(AG-1 to Conditional B-2)Approved 10/29/1996 11 3 CUP(Indoor Recreation Facility)Approved 10/29/1996 AG7 AG7 Application Types CUP—Conditional Use Permit MDC—Modification of Conditions STC—Street Closure SVR—Subdivision Variance REZ—Rezoning MDP—Modification of Proffers FVR—FloodplainVariance LUP—Land Use Plan CRZ—Conditional Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental Virginia Electric and Power Company d/b/a Dominion Energy Virginia Agenda Items 3 &4 Page 2 Evaluation • • . • Staff finds the proposed development, acceptable.The proposed rezoning of the property to Conditional 1-1 Light Industrial District and Conditional Use Permit for a bulk storage yard would complement the research/business park development in this vicinity.The property is adjacent to the Corporate Landing Business Park and the future Amazon's warehouse that is currently under construction.The proposal is consistent with the Comprehensive Plan recommendations for the Special Economic Growth Area 3 (SEGA)—South Oceana area that calls for high quality employment, corporate parks and light industrial uses. The proposed use generates significantly less traffic volume compared to what could be developed under the current Conditional B-2 zoning designation. While this portion of Dam Neck Road is access controlled,the proposed temporary access point on Dam Neck Road has been reviewed and determined acceptable by Traffic Engineering staff. The adjacent property,to be developed with an e-commerce facility,will include the construction of a new public road,Twin Mills Road,that is estimated to be completed in 2025.At such time,the access point on Dam Neck Road will be closed,a one- foot no ingress/egress easement will be dedicated along Dam Neck Road, and a new access point for this parcel will be established on Twin Mills Road. As the property is located within the greater than 75 dB DNL noise zone,the proposed use and list of materials to be stored on site has been vetted through the Navy and no objections were raised.The materials will be stored inside an area that is enclosed by a six-foot tall privacy fence and a Category VI landscape buffer, meeting the bulk storage yard screening requirements of the Zoning Ordinance. The parcel will be cleared in the areas of the proposed building, parking, BMP,and storage area, and the remaining existing vegetation on site will be used to toward meeting the screening requirements. Staff is recommending a condition to require the applicant install on site amenities such as outdoor picnic tables and pedestrian trail for the employees.The types of amenities proposed will be determined during site plan review. As the site drains into the Southern Rivers Watershed,a conceptual stormwater management strategy was submitted and reviewed by Staff. Staff agrees the project 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 and Stormwater Management Ordinance. Based on these considerations, Staff is recommending 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 "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,the Property shall be developed in substantial conformity with the conceptual site plan entitled "VIRGINIA BEACH EAST, PREPARED FOR DOMINION ENERGY,VIRGINIA BEACH,VIRGINIA,CONCEPT PLAN",dated December 22, 2023, and prepared by Kimley-Horn and Associates, Inc. (the"Concept Plan"),a copy of which has been exhibited to the Virginia Beach City Council, is on file with the Virginia Beach Department of Planning, and is incorporated herein by this reference. Virginia Electric and Power Company d/b/a Dominion Energy Virginia Agenda Items 3 &4 Page 3 Proffer 2: The quality of architectural design and materials of the office building constructed on the Property, when developed, shall be in substantial conformity with the exhibit entitled "DOMINION ENERGY-VIRGINIA BEACH, CONCEPT SKETCH", dated December 22, 2023,and prepared by Baskervill (the "Elevations"), a copy of which is on file with the Department of Planning, has been exhibited to the Virginia Beach City Council, and is incorporated herein by this reference. Proffer 3: Landscaping installed on the Property, when developed, shall be in substantial conformity with that shown on the exhibit entitled "VIRGINIA BEACH EAST, PREPARED FOR DOMINION ENERGY, VIRGINIA BEACH, VIRGINIA, CONCEPT LANDSCAPE PLAN", dated December 22, 2023, and prepared by Kimley-Horn and Associates, Inc., (the "Landscape Plan"), a copy of which is on file with the Department of Planning, has been exhibited to the Virginia Beach City Council, and is incorporated herein by this reference. The exact species of the various types of landscaping shall be determined at final site plan review. Proffer 4: Freestanding signage located on the Property shall be monument-style, no larger than eight feet(8') in height, and shall be constructed of materials compatible with those used for the buildings located on the Property. Proffer 5: Any dumpster located on the Property will be screened from adjacent public streets by an enclosure constructed of materials compatible with those used for the buildings located on the Property. Proffer 6: The final stormwater management plan submitted to the Development Services Center(DSC) during the site plan review process for the development of the Property shall comply with applicable City Stormwater Management ordinance(s).A preliminary stormwater analysis in connection with the proposed development of the Property has been submitted to the City Planning Department. Proffer 7: Vehicular access along the Property's Dam Neck Road frontage may be provided substantially as depicted on the Concept Plan; however, such access shall be closed and removed once alternative access to and from the Property is available by means of a completed and dedicated public road adjoining the western boundary of the Property. Once alternative access is completed and operational, a continuous 1' no ingress-egress easement will be dedicated along the Property's frontage on Dam Neck Road. Proffer 8: 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. Upon closure of the temporary access point on Dam Neck Road, the area shall be restored and revegetated with a 30-foot wide landscape buffer in a manner consistent with (at maturity) the proposed 30-foot landscape buffer along Dam Neck Road. Virginia Electric and Power Company d/b/a Dominion Energy Virginia Agenda Items 3 &4 Page 4 2. Prior to final site plan approval,the following shall be provided: a. A Wetland Delineation along with an approval/confirmation letter from the applicable state or federal agency(ies) having jurisdiction shall be submitted to the Department of Planning and Community Development. b. A Lighting Plan in accordance with Sections 252 and 254 of the Zoning Ordinance, or as amended,shall be approved by the Department of Planning and Community Development. c. A Site Plan depicting onsite amenities,which shall be subject to approval by the Director of the Department of Planning and Community Development. RecommendationsComprehensive Plan The Comprehensive Plan designates this area of the city as being within the Special Economic Growth Area 3 (SEGA)— South Oceana.This site is also impacted by high noise zones.The SEGAs are located adjacent to NAS Oceana and have significant economic value and growth potential,targeting land uses compatible with military uses.The City supports development of the SEGAs consistent with AICUZ provisions and the City's economic growth strategy. The Comprehensive Plan designates the SEGA as an area where high quality employment,corporate parks and light industrial uses are recommended.The Comprehensive Plan recommends that measures to mitigate negative impacts on adjoining stable residential areas be part of development proposals in this area. Mitigation measures should include adequate screening, and light and noise attenuation in building and site design. 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 Existing Land Use 2a—0 ADT Dam Neck Road 24,400 ADT' 39,700 ADT'(LOS°"D") Existing Zoning lb—7,150 ADT Proposed Land Use 3—300 ADT 'Average Daily Trips zias defined by a undeveloped 3 as defined by a 21,216 square 4 LOS=Level of Service parcel feet office building zbas defined by a 13.83-acre parcel zoned B-2 Master Transportation Plan (MTP) and Capital Improvement Program (CIP) This portion of Dam Neck Road is a four-lane divided, access-controlled, major suburban arterial,with one-hundred- sixty-five-foot (165') right-of-way width.The MTP designates it as a six-lane roadway. There are no CIP projects planned for this portion of Dam Neck Road. There is a private development project under construction to the west of this site that will build a three lane public collector roadway from Dam Neck Road to London Bridge Road. This road,which is proposed to be named Twin Mills Road, will have a traffic signal and turn lanes at the Dam Neck Road intersection. Construction of Twin Mill Road is estimated to be completed in 2025. Virginia Electric and Power Company d/b/a Dominion Energy Virginia Agenda Items 3 &4 Page 5 Stormwater • Project Stormwater Design Staff Summary This project consists of a new building, parking lot,and access drives for Dominion Energy at 1585 Dam Neck Road, located east of Twin Mills Road. This project will include a stormwater management facility to support the proposed improvements. Stormwater runoff from a majority of the site currently drains north towards the Dam Neck Road right-of-way,which ultimately outfalls to West Neck Creek. A small portion of the eastern perimeter of the site currently drains east towards the existing public storm system along Perimeter Parkway,which ultimately outfalls to Redwing Lake. The onsite improvements will be directed into a proposed wet pond that will be designed to treat for both water quality and water quantity before discharging into the existing public drainage system along Dam Neck Road. Based on the information provided by Kimley Horn in the Preliminary Drainage Study,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 and Stormwater Management Ordinance. More detailed project stormwater information is listed below. Project Information Total project area: 13.83 acres Pre-Development impervious area: 0 acres Post-Development impervious area:7.41 acres Stormwater Management Facility Design Information Type of facility proposed:Wet Pond Description of outfall:Stormwater runoff from the site will be treated by a proposed wet pond that will discharge into the public drainage system along the Dam Neck Road right-of-way. Downstream conveyance path: Runoff leaving the site will be directed towards the Dam Neck Road right-of-way,which is part of the Upper West Neck Creek Drainage Basin. West Neck Creek leads into the North Landing River,and ultimately into Back Bay. Back Bay drains through the Currituck Sound and into the Atlantic Ocean. ImpactsPublic Utility Water The site must connect to City water.There is a 12-inch City water main with 8-inch stub along Perimeter Parkway and a 20-inch City water transmission main along Dam Neck Road. Sewer The site must connect to City sanitary sewer.There is a 10-inch City sanitary sewer gravity main along Perimeter Parkway, a 42-in HRSD sanitary sewer force main along Dam Neck Road, and a 6-inch City sanitary sewer force main located within a public utility easement on the adjacent western property. Virginia Electric and Power Company d/b/a Dominion Energy Virginia Agenda Items 3 &4 Page 6 Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s)was placed on the property on February 12, 2024. • As required by State Code,this item was advertised in the Virginian-Pilot on Wednesdays, February 28, 2024 and March 6, 2024. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on February 26, 2024. • This Staff report, as well as all reports for this Planning Commission's meeting,was posted on the Commission's webpage of https://virginiabeach.gov/pc on March 7, 2024. City Council • As required by City Code,this item was advertised in the Virginian-Pilot on Tuesdays, April 2, 2024 and April 9, 2024. • As required by City Code, the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on April 1, 2024 • The City Clerk's Office posted the materials associated with the application on the City Council website of https://clerk.virginiabeach.gov/city-council on April 12, 2024. Virginia Electric and Power Company d/b/a Dominion Energy Virginia Agenda Items 3 &4 Page 7 / TEMPORARY RIGHT-IN/RIGHT-OUT SITE ACCESS POINT. TEMPORARY SITE • ACCESS POINT ALLOWED ONLY IF TWIN MILLS ROAD IS NOT COMPLETE AT PROPOSED BUFFER PER TIME OF SITE CONSTRUCTION. THE TEMPORARY SITE ACCESS POINT SHALL • PROFFER CONDITIONS TO " BE CLOSED AND REMOVED FROM DAM NECK ROAD IMMEDIATELY UPON BE FULFILLED BY THE COMPLETION OF PROPOSED SITE ACCESS POINT ON TWIN MILLS ROAD. EXISTING PRIVATE +1w 2�678�t400C EXISTING VEGETATION. RECIPROCAL • ZONE At-t � � 7" � � � �' INGRESS/EGRESS -. -: EXISTING ban: +7i3Wa0 EASEMENT. LANDSCAPE mrt is'+ RECORDED IN MB PROPOSED BUFFER PER 257/PG 4 AND - PROFFER CONDITIONS TO BUFFER _ INSTRUMENT BE FULFILLED BY EASEMENT (',K R�A D EXISTING VEGETATION. NUMBER DAM M N E 2O0405030068169 PROPOSED MONUMENT SIGN WITH - 75 S.F LANDSCAPING • RIGHT-OF-WAY -- • BUILDING SETBACK (TYP.) _ __ ss +537 mw ' _ + z N�si ooao _ 30 - - — ° _ -- t � Q ; PROPOSED I'TG r.�----� CREW BUILDING 160' C Q' i I 9UILOING fW1flRINT' 07; FUTURE TWIN MILLS �i� * st.2,es sF 5* ROAD (BY OTHERS) �� yy-� y y�7`- 10, ALTERNATE PROPOSED SITE m O��O ACCESS POINT ' f OQ 143' EXISTING VEGETATION TO BE 30. PROPOSED n PRESERVED, EXCEPT AS NECESSARY TO CONSTRUCT AND MAINTAIN GATE (TYP.) rr I I _ Q ACCESS DRIVE AND STORMWATER BMP(AS MAY BE MODIFIED SUBJECT PROPOSED 6' TALL 0 -0 TO FINAL DESIGN AND ENGINEERING) OPAQUE FENCE (TYP.) POTENTIAL FUTURE BULK AREA f PROPOSED SITE STEXISTING ORAGE XVEGETIATION TO ACCESS POINT PROPOSED COVERED BE PRESERVED UNTIL 0 VEHICLE STORAGE EXPANSION OCCURS T � ' 3 PROPOSED PALLET STORAGE sv PROPOSED DUMPSTER PAD ENCLOSURE — 15' O APPROXIMATE LOCATION OF PREVIOUSLY DELINEATED WETLANDS (EXPIRED) PROPERTY LINE �. (TYP.) D rDD O APPROXIMATE LOCATION OF EXISTING DITCH CATEGORY VI BUFFER SURROUNDING rr. BULK STORAGE AREA TO BE m FULFILLED BY EXISTING VEGETATION v = PROPOSED DIRECTIONAL SIGN WHERE POSSIBLE AND AS APPROVED (D C!q BY THE CITY OF VIRGINIA BEACH v W C2. (DD �10 :3 00 A v, Proposed Elevation fr � rr rr r It t, i y, ¢b 8 E E - El 6 j i e 1 h � � i I w 7 I I I - I r C) m iG t0 ti ti ti i0 Virginia Electric and Power Company d/b/a Dominion Energy Virginia Agenda Items 3 &4 Page 9 Proposed Elevation Plan Baskervill L J Dominion Energy - Virginia Beach Proposed Outdoor Bottle Storage Canopy Example 12/22/23 METAL TRIMIFASCIA-GRAY STANDING SEAM METAL ROOF-GRAY COLOR TO MATCH BUILDING COLOR TO MATCH MAIN BUILDING C 0U CU O O RO F1 LF RW l. l II l II I1 II II ' II fI ZII Il GNO FLOOR .` IE� GRADE Q.T. STEEL STRUCTURE- GRAY COLOR TO MATCH MAIN BULDING N•f _RW ZOP' RAILINGS-GRAY COLOR TO MATCH ..... ... MAIN BUILDING f(1 !1 ,�ML[..e iigDl or-e N RAISED CONCRETE _ PAD-UNFINISHED CONCRETE WITH SAFETY MARKINGS EXAMPLE ELEVATIONS FROM COMPLETED DOMINION ENERGY - DINWIDDIE SITE Virginia Electric and Power Company d/b/a Dominion Energy Virginia Agenda Items 3 &4 Page 10 Proposed Elevation Plan Baskervill L J Dominion Energy - Virginia Beach Proposed Outdoor Pallet Storage Example 12/22/23 METAL TRI AT B I GRAY COLOR TO MATCH METAL SIDING-GRAY COLOR STEEL ROLL UP DOORS-GRAY CH BUILDING TO MATCH MAIN BULDING COLOR TO MATCH MAIN BULDING O O O O ROOF I K f '1'_` 7' —' F.-.fiF,FUFI T rORir STANDING SEAM METAL ROOF-GRAY COLOR TO MATCH MAIN BULDING O O O O O i _ '� -n,UJD FIOJR Fj,QO� JeRSi ♦�+\ �� rit EXAMPLE ELEVATIONS FROM COMPLETED DOMINION ENERGY DINWIDDIE SITE Virginia Electric and Power Company d/b/a Dominion Energy Virginia Agenda Items 3 &4 Page 11 Proposed Elevation Plan Baskervill L .� Dominion Energy - Virginia Beach Proposed Covered Vehicle Storage Example 12/22/23 METAL TRIM/FASCIA-GRAY METAL SIDING-GRAY COLOR "X"INDICATES THE EXTENT OF COLOR TO MATCH BUILDING TO MATCH MAIN BULDING THE OPENING FOR VEHICLES i LEL FLOFLOOR FLOOR 0'r 1W.Rs— E"eT E] DRIB E6 STANDING SEAM METAL "=" °1 ROOF-GRAY COLOR TO MATCH MAIN BULDING c• f"`_�_ __J.:� f. _ I _._� ROOF � ttE-6 -,,,_ I GfjOU110 iLV � WEST GJ ATM /Lre� 15t "-tN EXAMPLE ELEVATIONS FROM COMPLETED DOMINION ENERGY-DINWIDDIE SITE Virginia Electric and Power Company d/b/a Dominion Energy Virginia Agenda Items 3 &4 Page 12 Site Photo I�An f♦;� 7 9 � t � M g t �t 4 io it � tip fR � n ILLS= „Y 4yP� {d s� Disclosure Disclosure Statement Planning&Cgmmun I elopment 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? T Yes ❑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? 'IR Yes ❑ No • If yes,list the names of all officers,directors,members,trustees,etc oelow. (Attach a list i'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, "'Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(1)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities, Factors that should be considered in determining the existence of an affiliated business entity relationship Include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Rewsed 11.09,2020 1 1 P a g e Virginia Electric and Power Company d/b/a Dominion Energy Virginia Agenda Items 3 &4 Page 14 Disclosure Disclosure Statement Planning&Community Ike elopment 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-col late ralization,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. CBRE 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes 0 No • If yes,identify the firm and individual providing the service. 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 or the property?®Yes ❑ No • If yes,identify the firm and individual providing the service. Baskervill(Alan Davis) 5. Is there any other pending or proposed purchaser of the subject property?❑Yes ■ No If yes,identify the purchaser and purchaser's service providers. Revised 11.09.2020 2 1 P a g e Virginia Electric and Power Company d/b/a Dominion Energy Virginia Agenda Items 3 &4 Page 15 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 R 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?N Yes ❑No • If yes,identify the firm and individual providing the service. Kimley-Horn(David France and Ashley Wall) 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. ROBERT P.BEAMAN III,ESQ.-TROUTMAN PEPPER HAMILTON SANDERS LLP 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. VIRGINIA ELECTRIC AND POWER COMPANY d/b/a DOMINION ENERGY VIRGINIA BY: Applkuint Signature S o ii1.J• (stGkc "7- Print Name and Tittle Date Is the applicant also the owner of the subject property? ❑Yes N No • It yes,you do not need to fill out the owner disclosure statement. that pertains to the applications ® No thane as of oat` 04.02.2024 sip"atum PriM Nam - J Hoa N.Deo Revised 11-09.2020 3 1 P a g Virginia Electric and Power Company d/b/a Dominion Energy Virginia Agenda Items 3 &4 Page 16 Disclosure Disclosure Statement X ID CL y ojVtigurw Oerx'h Planning&Community Development Owner Disclosure Owner Name USA Entertainment,L.C. Applicant Name Virginia Electric and Power Company d/b/a Dominion Energy Virginia Is the owns a corporation,partnership,firm,business,trust or an unincorporated business?W Yes ❑ No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a fist if necessary) Members: Mark J.Gresalfi;Diane Gresalfi(sole members) • If yes,list the businesses that have a parent-subsidiary'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 develo;r ent contingent on the subject public action?❑ Yes 31 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,(it)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 Ifevised.1 09.2020 5 1 Virginia Electric and Power Company d/b/a Dominion Energy Virginia Agenda Items 3 &4 Page 17 Disclosure Disclosure Statement 10 via Planning&Community Ir *1, Development r- Owner Services Disclosure 1. Does the Owner have any existing financing(mortgage,deeds of trust,cross-collateraIization,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 M No If yes,identify the financial institutions providing the service. 2. Does the Owner have a real estate broke r/agent/realtor for current and anticipated future sales of the subject property? M Yes ❑ No • If yes,identify the company and individual providing the service. S.L.Nusbaum 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 K 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 0 No . If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?N Yes ❑ No • If yes,identify the purchaser and purchaser's service providers. Virginia Electric and Power Company d/b/a Dominion Energy Virginia 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 M 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. 6 � Virginia Electric and Power Company d/b/a Dominion Energy Virginia Agenda Items 3 &4 Page 18 Disclosure Disclosure Statement Planning&Community {' Development 8. Is the Owner receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?■Yes ❑No If yes,identify the firm and individual providing legal the service. Williams Mullen(John Faber) Owner Signature 1 certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. USA ENTERT INMENT,I_C. a .� _B_Y Owner kignature —. G41 Print Tme nd Title t3A j 1`3 Date „ _ ._ _._.,.. 71Page Virginia Electric and Power Company d/b/a Dominion Energy Virginia Agenda Items 3 &4 Page 19 Virginia Electric and Power Company •, Name Title Baine. Edward H. Director Blue, Robert M. Director Leopold, Diane _ Director Blue, Robert M. Chief Executive Officer Arnett, Cor nne S. Executive Vice President- Regulatory Affairs and Customer Experience Baine. Edward H. President Ridge, Steven D. Executive Vice President and Chief Financial Officer Brown, Carlos M. Executive Vice President, Chief Legal Officer and Corporate Secretary Carr, Eric S. President- Nuclear Operations and Chief Nuclear Officer Cardiff, Michele L. Senior Vice President, Controller and Chief Accounting Officer Green. Cedric F. Senior Vice President-Generation < Lawrence. Douglas C. Senior Vice President-Nuclear Operations& Fleet Performance w Locke, Robert H. Senior Vice President-Electric Distribution v" Mitchell. Mark D. Senior Vice President-Project Construction r„ Murray,William L. Senior Vice President-Corporate Affairs&Communications Windle. W. Keith Senior Vice President-Administrative Services Woomer,Joseph A. Senior Vice President-Electric Transmission Arruda, Thomas Vice President and Chief Information Officer Q Avram, Emil G. Vice President- Business Development Basse . Utibe O. Vice President-Customer Experience 0 Bennett,Joshua J. Vice President-Offshore Wind _ `D Bradshaw,Alan W. _ Vice President- Strategic Partnerships rD n Chester. Elizabeth"Betsy" L. Vice President- Segment Planning (Regulated) 0 3 Gardner, R. Matthew Vice President- Planning and Operations Gaskill, J. Scott Vice President- Regulatory Affairs Holloway. James Vice President- Nuclear Engineering & Fleet Support Q- Jones, Ann M, Vice President-Operations Support Kinslow. Karen M. Vice President- Distribution Operations nj o Lee.Adam S. Vice President and Chief Security Officer 0 McFarland. David M. Vice President- Investor Relations and Treasurer Ot7 0 (D = m v � r=r � v 3 < W OO N O A Miscikowski, Jeffrey G Vice President-Pro ect Construction Parker, Ma "Molly"A. Vice President- Environmental&Sustainabilit Porada Caitlin H. Vice President- Corporate Planninq and Financial Analysis 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- Engineering&Construction Stuckey, II Jim O. Vice President and General Counsel Tornabene Amanda "Mandy"B. Vice President-Governance and Assistant Corporate Secretary Wellener, Wendy T. Vice President-Shared Services Wright, Jr. Robert'Robbie" S. Vice President-Grid &Technical Solutions Hilbert, Lisa Site Vice President-North Anna Power Station < Wilson, David H. Site Vice President-Surry Power Station oa m m n n v Q v O m rl O v 7 Q v 0 O 3 D �. m O (D = m v rD < v ( w CLQ N RO � Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-5692. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division,and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Virginia Electric and Power Company d/b/a Dominion Energy Virginia Agenda Items 3 &4 Page 22 �`4G11.11A BF�C� Ok CITY OF VIRGINIA BEACH • INTER-OFFICE CORRESPONDENCE a qqs eb GF OUR NAT%oli5 In Reply Refer To Our File No. DF-11153 DATE: April 3, 2024 TO: Mark D. Stiles DEPT: City Attorney FROM: B. Kay Wilson DEPT: City Attorney RE: Conditional Zoning Application; USA Entertainment, L.C. The above-referenced conditional zoning application is scheduled to be heard by the City Council on April 16, 2024. 1 have reviewed the subject proffer agreement, dated November 27, 2023 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/ka Enclosure cc: City Manager E Document Prepared By: Robert P.Beaman III, Esq. (VSB No.74668) Troutman Pepper Hamilton Sanders LLP 222 Central Park Avenue,Suite 2000 Virginia Beach,VA 23462 AGREEMENT THIS AGREEMENT (this "Agreement"), made this 27t' day of November , 2023 , by and between USA ENTERTAINMENT, L.C. , a Virginia limited liability company ("USA Entertainment", to be indexed as Grantor); VIRGINIA ELECTRIC AND POWER COMPANY, a Virginia public service corporation,d/b/a DOMINION ENERGY VIRGINIA("Dominion Energy",to be indexed as Grantor) (USA Entertainment and Dominion Energy hereinafter collectively referred to as "Grantors"); and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia(hereinafter referred to as"Grantee",and to be indexed as Grantee). WITNESSETH: WHEREAS, USA Entertainment is the current owner of that certain parcel located in the City of Virginia Beach, Virginia, identified by GPIN No. 2405-84-8720-0000, as more particularly described in Exhibit A attached hereto and incorporated herein by reference(the"Property");and WHEREAS,Dominion Energy is the current contract purchaser of the Property; 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 B-2 to Conditional I-1; and WHEREAS,the Grantee's policy is to provide only for the orderly development of land for various purposes, including various purposes at a variety of densities,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 land similarly zoned I-1 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 I-1 zoning district by the existing City's Zoning Ordinance (CZO), the following reasonable conditions related to the physical development, operation and use of the GPIN No. 2405-84-8720-0000 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 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 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, the Property shall be developed in substantial conformity with the conceptual site plan entitled "VIRGINIA BEACH EAST, PREPARED FOR DOMINION ENERGY, VIRGINIA BEACH,VIRGINIA,CONCEPT PLAN",dated December 22,2023,and prepared by Kimley- Horn and Associates,Inc. (the"Concept Plan"),a copy of which has been exhibited to the Virginia Beach City Council,is on file with the Virginia Beach Department of Planning,and is incorporated herein by this reference. 2. The quality of architectural design and materials of the office building constructed on the Property, when developed, shall be in substantial conformity with the exhibit entitled "DOMINION ENERGY-VIRGINIA BEACH, CONCEPT PLAN & ELEVATIONS", dated December 22, 2023, and prepared by Baskervill(the"Elevations"),a copy of which is on file with the Department of Planning,has been exhibited to the Virginia Beach City Council,and is incorporated herein by this reference. 3. Landscaping installed on the Property,when developed, shall be in substantial conformity with that shown on the exhibit entitled "VIRGINIA BEACH EAST, PREPARED FOR DOMINION ENERGY, VIRGINIA BEACH, VIRGINIA, CONCEPT LANDSCAPE PLAN", dated December 22, 2023, and prepared by Kimley-Horn and Associates, Inc., (the "Landscape Plan"), a copy of which is on file with the Department of Planning, has been exhibited to the Virginia Beach City Council, and is incorporated herein by this reference. The exact species of the various types of landscaping shall be determined at final site plan review. 4. Freestanding signage located on the Property shall be monument-style,no larger than eight feet(8')in height,and shall be constructed of materials compatible with those used for the buildings located on the Property. 2 5. Any dumpster located on the Property will be screened from adjacent public streets by an enclosure constructed of materials compatible with those used for the buildings located on the Property. 6. The final stormwater management plan submitted to the Development Services Center (DSC)during the site plan review process for the development of the Property shall comply with applicable City Stormwater Management ordinance(s). A preliminary stormwater analysis in connection with the proposed development of the Property has been submitted to the City Planning Department. 7. Vehicular access along the Property's Dam Neck Road frontage may be provided substantially as depicted on the Concept Plan; however, such access shall be closed and removed once alternative access to and from the Property is available by means of a completed and dedicated public road adjoining the western boundary of the Property. Once alternative access is completed and operational, a continuous 1' no ingress-egress easement will be dedicated along the Property's frontage on Dam Neck Road. 8. 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.] 3 IN WITNESS WHEREOF,the undersigned Grantor executes this Agreement as of the date first written above. GRANTOR: USA ENTERTAINMENT,L.C., a Virginia limited liability company By: -A X_ AV- Name: Mmk T 6 Title: ' Aft By: Name: 6t Title: rz COMMONWEALTH /OF VIRGINIA CI /COUNTY OF V I �/0--4 to-wit: The foregoing instrument was sworn to and acknowledged before me this-30A day of VA vo-M 20, , by $/l6-✓ 5_,5a 1 and in their capacity as Managers of USA Entertainment, L.C., a Virginia limited liability company. They are personally known to me or has produced y S+ae 0rt(elf UCenSeS as identification. Witness my hand and official stamp or seal this t/ day of y Qr, 20qM4 1 , Notary Public owt4SEAL) My Commission Expires: i I # 1 i Registration Number: �U3 no:.Q(P, s •Z` 124200101 4 IN WITNESS WHEREOF,the undersigned Grantor executes this Agreement as of the date first written above. GRANTOR: VIRGINIA ELECTRIC AND POWER COMPANY, a Virginia public service corporation, d/b/a DOMINION ENERGY VIRGINIA By: � Name: Su ,� i. /jr�/v /i_ Title: ,f., f/i.•2 x a/ Alt-, COMMONWEALTH OF VIRGINIA ETTY/coJd�d�Y oF��[�Mai ,to-wit: The foregoing instrument was sworn to and acknowledged before me this Z day of �� , 20 3 , by 7 in his/her capacity as A LAN cr."''A of Virginia Electric and Power Company, a Virginia public service corporation, d/b/a Dominion Energy of Virginia &she is either person y known to me or has produced as identification. Witness my hand and official stamp or seal this Z-7-�`fc ay of ,20 C3. Michele Elder Garrett NOTARY PUBLIC Comm""Malth of Virginia Rep.#7548090 o c (SEAL) My Commission Expires 9/30/2025 My Commission Expires: 9 � 36 o � Registration Number: 75LJ-} plq O 124200101 5 EXHIBIT A Legal Description ALL THAT certain piece or parcel of land, situate, lying and being in the City of Virginia Beach, Virginia, and being known,numbered and designated as Parcel A, as shown on that certain plat entitled"SUBDIVISION PLAT OF A PORTION OF THE TAYLOR FARMS - Princess Anne Borough - Virginia Beach, Virginia," made by Horton & Dodd, P.C., Surveyors, Engineers, Planners, 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 257, at pages 4 and 5. 124200101 6 Virginia Beach Planning Commission March 13, 2024, Public Meeting Agenda Item # 3 & 4 Virginia Electric Power Company RECOMMENDED FOR APPROVAL Mr. Coston: Thank you. Items 3 and 4, Virginia Electric Power Company. Doing business as Dominion Energy for Conditional Rezoning and Conditional Use Permit. Is there a representative? Mr. Beaman: Mr. Coston, Madam Chair, members of the commission, for the record, my name is Rob Beaman. I'm a local land use attorney with the Troutman Pepper Law Firm, here today on behalf of the applicant Dominion Energy. We've had a chance to review the conditions. They're acceptable, and we certainly appreciate being on the Consent Agenda. Thank you very much. Mr. Coston: Is there any opposition to this item being placed on the Consent Agenda? We've asked Commissioner Byler, if she will read this item into the record. Ms. Byler: This is a conditional rezoning, and a conditional use permit application. The property is located at 1585 Dam Neck Road. The applicant now seeks to rezone the property to conditional 1-1, and construct a 21,216 square foot office building for approximately 50 employees. The applicant also seeks a conditional use permit request for a bulk storage yard to store equipment used to support transmission operations in the area. The property is located within the greater 75 db noise zone of AICUZ, which is air installation compatibility use zone. Oceana Naval Air Station has no objection, and the staff has recommended this for approval. The conditions are acceptable to the applicant, and it is appropriate to be on the Consent Agenda. Mr. Coston: Thank you. Madam Chair, that was the last item on the consent agenda. The Planning Commission places the following applications on the consent agenda. Items 1, 2, 3, 4, and 13. Ms. Cuellar: Thank you very much. Do I have a motion to approve the consent agenda as read by Commissioner Coston. Mr. Anderson: So moved. Mr. Plumley: Second. Ms. Cuellar: Moved by Commissioner Anderson, seconded by Commissioner Plumley. Are there any planning commissioners abstaining on these items on the consent agenda? The motion for approval? The vote is open. Madam Clerk: By a vote of 10 to zero items number 1, 2, 3, 4, and 13, have been recommended for approval. AYE 10 NAY 0 ABS 0 ABSENT 1 Alcaraz ABSENT Anderson AYE B ler AYE Cromwell AYE Coston AYE Cuellar AYE Estaris AYE Hi en AYE Mauch AYE Parks AYE Plumlee AYE PROFFERS: The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. Proffer 1: When developed, the Property shall be developed in substantial conformity with the conceptual site plan entitled "VIRGINIA BEACH EAST, PREPARED FOR DOMINION ENERGY, VIRGINIA BEACH, VIRGINIA, CONCEPT PLAN", dated December 22, 2023, and prepared by Kimley-Horn and Associates, Inc. (the "Concept Plan"), a copy of which has been exhibited to the Virginia Beach City Council, is on file with the Virginia Beach Department of Planning, and is incorporated herein by this reference. Proffer 2: The quality of architectural design and materials of the office building constructed on the Property, when developed, shall be in substantial conformity with the exhibit entitled "DOMINION ENERGY-VIRGINIA BEACH, CONCEPT SKETCH", dated December 22, 2023, and prepared by Baskervill (the "Elevations"), a copy of which is on file with the Department of Planning, has been exhibited to the Virginia Beach City Council, and is incorporated herein by this reference. Proffer 3: Landscaping installed on the Property, when developed, shall be in substantial conformity with that shown on the exhibit entitled "VIRGINIA BEACH EAST, PREPARED FOR DOMINION ENERGY, VIRGINIA BEACH, VIRGINIA, CONCEPT LANDSCAPE PLAN", dated December 22, 2023, and prepared by Kimley-Horn and Associates, Inc., (the "Landscape Plan"), a copy of which is on file with the Department of Planning, has been exhibited to the Virginia Beach City Council, and is incorporated herein by this reference. The exact species of the various types of landscaping shall be determined at final site plan review. Proffer 4: Freestanding signage located on the Property shall be monument-style, no larger than eight feet (8') in height, and shall be constructed of materials compatible with those used for the buildings located on the Property. Proffer 5: Any dumpster located on the Property will be screened from adjacent public streets by an enclosure constructed of materials compatible with those used for the buildings located on the Property. Proffer 6: The final stormwater management plan submitted to the Development Services Center (DSC) during the site plan review process for the development of the Property shall comply with applicable City Stormwater Management ordinance(s). A preliminary stormwater analysis in connection with the proposed development of the Property has been submitted to the City Planning Department. Proffer 7: Vehicular access along the Property's Dam Neck Road frontage may be provided substantially as depicted on the Concept Plan; however, such access shall be closed and removed once alternative access to and from the Property is available by means of a completed and dedicated public road adjoining the western boundary of the Property. Once alternative access is completed and operational, a continuous 1' no ingress-egress easement will be dedicated along the Property's frontage on Dam Neck Road. Proffer 8: 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. CONDITIONS: 1. Upon closure of the temporary access point on Dam Neck Road, the area shall be restored and revegetated with a 30-foot wide landscape buffer in a manner consistent with (at maturity) the proposed 30-foot landscape buffer along Dam Neck Road. 2. Prior to final site plan approval, the following shall be provided: a. A Wetland Delineation along with an approval/confirmation letter from the applicable state or federal agency(ies) having jurisdiction shall be submitted to the Department of Planning and Community Development. b. A Lighting Plan in accordance with Sections 252 and 254 of the Zoning Ordinance, or as amended, shall be approved by the Department of Planning and Community Development. c. A Site Plan depicting onsite amenities, which shall be subject to approval by the Director of the Department of Planning and Community Development. OR � R A. S teat .v ( � 0, treet Arth s n O'R OR O Q-R d Street T3I ! 3r 1 O R N Site Property Polygons Terry Moore Miffleton W E Zoning 303 Atlantic Avenue, Unit 403 S Building Feet 02040 80 120 160 200 240 acviiaee4cy', f0` CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: TERRY MOORE MIFFLETON [Applicant] CHARLES & TERRY MIFFLETON [Property Owners] Conditional Use Permit (Short Term Rental) for the property located at 303 Atlantic Avenue, Unit 403 (GPIN 24273224031620) COUNCIL DISTRICT 5 MEETING DATE: April 16, 2024 ■ Background: The applicant is requesting a Conditional Use Permit to operate a Short Term Rental in a two-bedroom, 941 square-foot unit within the Dolphin Run Condominiums. There are no current or past zoning violations associated with the subject property. This condominium has not previously been advertised or rented as a Short Term Rental ■ Considerations: Short Term Rentals are prevalent in this portion of the City with a total of ±60 previously approved Conditional Use Permits for Short Term Rentals within a half mile radius. Dolphin Run Condominiums was granted a historical exception to the Short Term Rental parking requirements of one space per bedroom; therefore, only one parking space is required for the entire unit, which is provided within the condominium's parking lot. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. There is no known opposition to this request. ■ Recommendation: On March 13, 2024, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 10-0. 1. The following conditions shall only apply to the dwelling unit addressed as 303 Atlantic Avenue, Unit 403, and the Short Term Rental use shall only occur in the principal structure. 2. An annual (yearly) STIR Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwelling for Short-Term Rental purposes. Terry Moore Miffleton Page 2 of 4 3. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 4. For properties located within the boundaries of the Residential Parking Permit Program (RPPP), while the Short Term Rental use is active, parking passes issued for the subject dwelling unit(s) through the RPPP shall be limited to two (2) resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 5. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 6. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 7. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes and to be physical present at the Short Term Rental within one (1) hour. 8. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through `c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 9. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. Terry Moore Miffleton Page 3 of 4 10.There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23- 71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5) (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 11.All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31- 28. 12.Accessory structures shall not be used or occupied as Short Term Rentals. 13.No signage shall be on-site, except that each short term rental shall have one (1) four-square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 14.The Short Term Rental shall have no more than one (1) rental contract for every seven (7) consecutive days. 15.The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 16.There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 17.The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 18.The property owner, or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Such inspection shall include: 1) At least one fire extinguisher has been installed inside the unit (in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in affect at the of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, and 3) All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. Properties managed by Short Term Rental Companies certified by the Department of Planning shall only be required to be inspected every three years. The inspection for compliance with the requirements above shall be Terry Moore Miffleton Page 4 of 4 performed by the short term rental management company and be documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors. The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. 19.A structural safety inspection report shall be provided to the city every three (3) years indicating all exterior stairways, decks, porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect) and are safe for use. The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks, porches, and balconies must be posted on each level of these structures. ■ Attachments: Staff Report and Disclosure Statements Location Map STR Vicinity Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: Applicant : Item • • • •. Property • • Planning • • • 1 B C,IofCouncil 13 Virginia Beach Request Conditional Use Permit (Short Term Rental) Staff Recommendation SHSZ ,Avis" Approval ,2 y R PINEti%001)DR tio�r+st 1 NORF OIK AVE Staff Planner � n Michaela McKinney m O n Location i 303 Atlantic Avenue, Unit 403 �� q hRg"`EPv� GPIN a 2"D sj 24273224031620 yL ~ Site Size 1.03 acres (Private Unit:941 square feet) PP � c� O Z � G Existing Land Use and Zoning District m Multi-Family Dwelling /OR Oceanfront Resort Surrounding Land Uses and Zoning Districts North t, 4th Street(Connector Park) +" . '• Multi-Family Dwellings/OR Oceanfront Resort South 3rd Street(Connector Park) Hotel/OR Oceanfront Resort East . � �®.� Boardwalk A+ Atlantic Ocean, Beach m West Atlantic Avenue Civic Use, Public Use { ... go �M1, Terry Moore Miffleton Agenda Item 13 Page 1 Background & Summary of • • • Site Conditions and History • This 45,000 square foot parcel contains the Dolphin Run Condominiums and is zoned OR Oceanfront Resort District. According to City Records,this multi-family condominium was constructed in 1975. • On-street parking is permitted 24-hours per day,therefore any overflow parking beyond the minimum parking spaces required could occur within the public street. • There are no current or past zoning violations on this site.This condominium has not previously been advertised or rented as a Short Term Rental.The current applicant purchased the property in October 2023 and was made aware of the need for a Conditional Use Permit when filing for the STR Permit with the Zoning Division in November 2023. • Since this property was not registered nor paying transient occupancy taxes to the Commissioner of the Revenue prior to July 1, 2018,the property would not be considered a grandfathered Short Term Rental and thus would require a Conditional Use Permit prior to operating. • Known Short Term Rental activity as of January 29, 2024 is shown in the chart below: CURRENTLY ADVERTISED LAST KNOWN RENTAL REGISTERED WITH THE COMMISSIONER OF THE REVENUE No N/A No Short Term Rentals in the Vicinity gTH SS a ;r p 9- C, r . i zERRA�iAv i" � ; B S 2N ' Q 0� b Short Term Rentals 4q 1 STR Permits(60) 11 Terry Moore Miff leton Agenda Item 13 Page 2 Summary of Proposal The applicant submitted a Conditional Use Permit request to operate a Short Term Rental on the subject site.The regulations for Short Term Rental use are identified in Section 241.2 of the City Zoning Ordinance. Specific details pertaining to this application are listed below. • Number of bedrooms in the Short Term Rental: 2 • Maximum number of guests permitted on the property after 11:00 pm: 4 • Number of parking spaces required (1 space per bedroom required; historical exemption made): 1 • Number of off-street parking spaces provided: 1 JOR Zoning History # Request 1 STR Approved 07/11/2023 STR Approved 06/20/2023 ��' STR Approved 05/16/2023 OR Lt STR Approved 04/18/2023 1' ;� STR Approved 11/09/2022 J STR Approved 09/14/2022 / OR STR Approved 08/16/2022 m STR Approved 07/13/2021 ,Ras, 2 COA(Coloration of Antennas)Approved 02/20/2017 oR OR Application Types CUP—Conditional Use Permit MDC—Modification of Conditions STC—Street Closure SVR—Subdivision Variance REZ—Rezoning MDP—ModificationofProffers FVR—FloodplainVariance LUP—Land Use Plan CRZ—Conditional Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental EvaluationRecommendation The applicant is requesting to operate a two-bedroom,941 square-foot Short Term Rental within the Dolphin Run Condominium building. Since the site is located in the Oceanfront Resort (OR)Short Term Rental Overlay District, Short Term Rental use is expected. The parcel is bounded by the Boardwalk, Beach,and Atlantic Ocean to the east,the 41h Street Connector Park to the north,the 3rd Street Connector Park to the south,and Atlantic Avenue to the west.The surrounding area is a mixture of multi-family dwellings, commercial retail, resort hotels, mixed-use buildings, and other resort-oriented uses. There is one assigned parking space associated with this unit in the condominium's parking lot.According to the City of Virginia Beach Zoning Ordinance, Appendix A,Article 23,Section 2303, (b), a., ii., "There are certain condominium properties that have historically operated as short term lodging units and have not experienced any inconvenience to guests or the surrounding area without the required one (1) parking space per bedroom. Further,such properties are unable to provide the required parking on-site. For these condominium properties,the Zoning Administrator may,at his Terry Moore Miffleton Agenda Item 13 Page 3 discretion, require one (1) parking space per dwelling unit similar to the requirement for lodging uses in the Oceanfront Resort District Form Based Code (ORDFBC).Such properties must provide written evidence of their past use and the Zoning Administrator shall find that there is no public inconvenience with the current parking design." Dolphin Run Condominiums is one such property granted a historical exception to the Short Term Rental parking requirements of one space per bedroom;therefore, only one parking space is required for the entire unit.All other requirements of Section 241.2 and Section 2303 of the Zoning Ordinance regulating Short Term Rentals can be reasonably met with this application. The subject property lies along the Atlantic Avenue Corridor,which includes the most prominent frontage of resort- oriented uses at the Oceanfront Resort. According to the Resort Area Strategic Action Plan (RASAP) 2030, residential and mixed-use development in the Resort Area is necessary to achieve the goal of a year-round destination,affording a more walkable,vibrant,engaging community at the Oceanfront Resort. The use of the dwelling as a Short Term rental helps achieve this goal by providing diverse lodging opportunities for visitors seeking unique travel experiences. Based on the considerations above, Staff recommends approval of this request with the conditions listed below. Recommended Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 303 Atlantic Avenue, Unit 403, and the Short Term Rental use shall only occur in the principal structure. 2. An annual (yearly)STR Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwelling for Short-Term Rental purposes. 3. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii)of the City Zoning Ordinance or as approved by City Council. 4. For properties located within the boundaries of the Residential Parking Permit Program (RPPP),while the Short Term Rental use is active, parking passes issued for the subject dwelling unit(s)through the RPPP shall be limited to two (2) resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 5. This Conditional Use Permit shall expire five(5)years from the date of approval.The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however,the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints,violations of its conditions or violations of any building, housing, zoning,fire or other similar codes. 6. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located.This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 7. The owner or operator must provide the name and telephone number of a responsible person,who may be the owner, operator or an agent of the owner or operator,who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes and to be physical present at the Short Term Rental within one (1) hour. 8. If, or when,the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a'through 'c' below.This information must be submitted to the Planning Department for review and approval.This shall be done within six(6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and Terry Moore Miffleton Agenda Item 13 Page 4 b) Copies of the Commissioner of Revenue's Office receipt of registration;and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 9. To the extent permitted by state law,each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 10. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise),31-26,31-27 and 31-28(solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 11. All refuse shall be placed in automated refuse receptacles,where provided, and comply with the requirements of City Code sections 31-26,31-27 and 31-28. 12. Accessory structures shall not be used or occupied as Short Term Rentals. 13. No signage shall be on-site,except that each short term rental shall have one(1)four-square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator,that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 14. The Short Term Rental shall have no more than one (1) rental contract for every seven (7)consecutive days. 15. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars($1,000,000) underwritten by insurers acceptable to the City. 16. There shall be no outdoor amplified sound after 10:00 p.m.or before 10:00 a.m. 17. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom,which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 18. The property owner, or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Such inspection shall include: 1)At least one fire extinguisher has been installed inside the unit (in the kitchen)and in plain sight 2)Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in affect at the of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, and 3)All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. Properties managed by Short Term Rental Companies certified by the Department of Planning shall only be required to be inspected every three years.The inspection for compliance with the requirements above shall be performed by the short term rental management company and be documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors.The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. 19. A structural safety inspection report shall be provided to the city every three (3)years indicating all exterior stairways, decks, porches,and balconies have been inspected by a licensed design professional qualified to perform Terry Moore Miffleton Agenda Item 13 Page 5 such inspection (engineer or architect)and are safe for use.The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways,decks, porches,and balconies must be posted on each level of these structures. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on February 26, 2024. • As required by State Code,this item was advertised in the Virginian-Pilot on Wednesdays, February 28, 2024 and March 6,2024. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on February 26, 2024. • This Staff report,as well as all reports for this Planning Commission's meeting,was posted on the Commission's webpage of www.virginiabeach.gov/pc on March 7, 2024. City Council • As required by City Code,this item was advertised in the Virginian-Pilot on Tuesdays, March 19,2024 and March 26, 2024. • As required by City Code,the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on March 18,2024 • The City Clerk's Office posted the materials associated with the application on the City Council website of https:Hclerk.virginiabeach.gov/city-council on March 29, 2024. Terry Moore Miffleton Agenda Item 13 Page 6 Layout E : aE �m -.it ( _ y Ok wl d , • One assigned space in the parking lot ' . Historical exemption #wE to requirements; only one space needed K !0 _. s Terry Moore Miffleton Agenda Item 13 Page 7 Site • • vow Ow • • { t f f 'F Terry Moore Miffleton Agenda Item 13 Page 8 Disclosure Disclosure StatementVD i-rp..g ry•b+ac�+ Planning&Communitt, 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 Terry Moore Miffleton Does the applicant have a representative? ❑Yes 0 No • ;'yes,list the name of the representative Is the applicant a corporation,partnership,firm,business,trust or an unincorporated busirfesst 0 Yes 0 NO if yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity relationship with the applicant. (Attach a list if necessary) `parent-subsidiary relationship'means'a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation.` See State and Local Government Conflict of interests Act,VA.Code§2.2-3101. r"Affiliated business entity relationship'means'a relationship,other than parent-subsidiary relationship,that exists when(r)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(id)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 tegular 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 Terry Moore Miffleton Agenda Item 13 Page 9 Disclosure Disclosure Statement ID Planning&Community Development Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes 0 NO • If yes,what is the name of the official or employee and what is the nature of the interest? Aoficant Services Disclosure 1 Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralitation,etc)or are they considering any Nnaneing 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/reahor for current and anticipated future sales of the subject property? O Yes ■No • If yes,identify the company and individual providing the service. 3 Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes 0 No • If yes,identify the firm and individual providing the service. A. 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 • N yaa,identify the firm and Individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?❑Yes 0 No • If yes,identify the purchaser and purchasers service providers 2 Terry Moore Miffleton Agenda Item 13 Page 10 Disclosure Disclosure Statement V" nJ r,,Am�Nua 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 E No • If yes,identify the company and individual providing the service 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?❑Yes 0 No • If yes,identify the firm and individual providing the service. 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?❑Yes ■No • It yes,identity the firm and individual providing the service. Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate I understand that, upon receipt of notification that the application has been scheduled for public hearing,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. Applksnt Signature PrIM Name an Tltk Terry Moore M6fleton Date Is the applicant also the owner o1 the subject property? ❑Yes 0 No • if yes,you do not need to fill out the owner disclosure statement FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Councill magriting flat pertains to the applications Na a Slgniiii 93/27/2024. { aln' chnt"•'•t Dale er1etM" 'Garek Hall Wannigan Terry Moore Miffleton Agenda Item 13 Page 11 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-5692. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division,and the issuance of a Certificate of Occupancy,are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Terry Moore Miffleton Agenda Item 13 Page 12 STIR VICINITY MAP TERRY MOORE MIFFLETON 0 y� i y 03 I Short Term Rentals - ' � STR Permits(60) 4q' t Virginia Beach Planning Commission March 13, 2024, Public Meeting Agenda Item # 13 Terry Moore Miffleton RECOMMENDED FOR APPROVAL Mr. Coston: Thank you. The next item on our agenda is item 13, it's a short-term rental at 303 Atlantic Avenue. Is there anyone here to represent this item today? Please state your name for the record. Mr. Miffleton: Yes, Brian Aubrey Miffleton, on behalf of a mother, Terry Moore Miffleton regarding the Conditional Use Permit for the short-term rental. Mr. Coston: Are all of the are the conditions acceptable to you? Mr. Miffleton: Yes, sir. Mr. Coston: Thank you. You may be seated. We've asked Commissioner Parks, if he would read this item into the record. Mr. Parks: Thank you. The applicant is requesting to operate a two-bedroom, 941 square-foot short-term rental within the Dolphin Run Condominium building. Since the site is located in the Oceanfront Resort short-term rental overlay district, short-term rental use is accepted. The space, or the unit is equipped with one parking spot, meeting the parking, and hearing no oppositions, is why this was placed on the Consent Agenda. Thank you. Mr. Coston: Thank you. Madam Chair, that was the last item on the consent agenda. The Planning Commission places the following applications on the consent agenda. Items 1, 2, 3, 4, and 13. Ms. Cuellar: Thank you very much. Do I have a motion to approve the consent agenda as read by Commissioner Coston. Mr. Anderson: So moved. Mr. Plumley: Second. Ms. Cuellar: Moved by Commissioner Anderson, seconded by Commissioner Plumley. Are there any planning commissioners abstaining on these items on the consent agenda? The motion for approval? The vote is open. Madam Clerk: By a vote of 10 to zero items number 1, 2, 3, 4, and 13, have been recommended for approval. AYE 10 NAY 0 ABS 1 ABSENT 1 Alcaraz ABSENT Anderson AYE B ler AYE Cromwell AYE Coston AYE Cuellar AYE Estaris AYE Hi en AYE Mauch AYE Parks AYE Plumlee AYE CONDITIONS 1. The following conditions shall only apply to the dwelling unit addressed as 303 Atlantic Avenue, Unit 403, and the Short Term Rental use shall only occur in the principal structure. 2. An annual (yearly) STR Zoning Permit must be obtained from the Department of Planning and Community Development(Zoning Administration) before using the dwelling for Short- Term Rental purposes. 3. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 4. For properties located within the boundaries of the Residential Parking Permit Program (RPPP), while the Short Term Rental use is active, parking passes issued for the subject dwelling unit(s) through the RPPP shall be limited to two (2) resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 5. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 6. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight(number of bedrooms times two (2))on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 7. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes and to be physical present at the Short Term Rental within one (1) hour. 8. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements `a' through `c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 9. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 10. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 11. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 12. Accessory structures shall not be used or occupied as Short Term Rentals. 13. No signage shall be on-site, except that each short term rental shall have one (1)four- square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 14. The Short Term Rental shall have no more than one (1) rental contract for every seven (7) consecutive days. 15. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 16. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 17. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 18. The property owner, or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Such inspection shall include: 1)At least one fire extinguisher has been installed inside the unit(in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in affect at the of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, and 3)All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. Properties managed by Short Term Rental Companies certified by the Department of Planning shall only be required to be inspected every three years. The inspection for compliance with the requirements above shall be performed by the short term rental management company and be documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors. The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. 19. A structural safety inspection report shall be provided to the city every three (3) years indicating all exterior stairways, decks, porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect) and are safe for use. The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks, porches, and balconies must be posted on each level of these structures. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: AN ORDINANCE TO AMEND SECTION 111 OF THE CITY ZONING ORDINANCE PERTAINING TO THE DEFINITIONS OF DWELLING UNIT, HOME SHARING, KITCHEN, AND PORCH. MEETING DATE: April 16, 2024 ■ Background: The purpose of this general housekeeping amendment is to clarify and create consistency amongst the definitions of Home Sharing, Dwelling Unit, and Kitchen, as well as to add a definition of Porch to the Ordinance. ■ Considerations: During the enforcement process for the Short Term Rental Ordinance, staff has realized that there is too much ambiguity in what is meant by term "dwelling." The Zoning Ordinance identifies several types of "dwellings," including single-family, duplex, and multi-family dwellings. Currently, the definition of "home sharing" references "dwelling" and is vague in nature. The intention of the "home sharing" definition was to reference a "dwelling unit," a term specifically defined in the Zoning Ordinance, rather than the more over-arching term "dwelling. This led Staff to examine the definitions of "dwelling unit" and "kitchen" as well to create consistency amongst this set of definitions as they relate and are referenced by one another. The definition of "dwelling unit" explicitly mentions the term "housekeeping unit". Staff finds this definition to be problematic because the Zoning Ordinance does not define a "housekeeping unit." To provide clarity to this definition, the text amendment would change "housekeeping unit" to "residence," which accurately reflects the intention of the term "dwelling unit." Like the definition of"dwelling unit," the definition of"kitchen" contains the term "housekeeping unit." To provide clarity and consistency with the definition of a "dwelling unit," staff has initiated this text amendment that changes "housekeeping unit" to "dwelling unit" and specifies that a kitchen requires "permanent provisions for cooking." Section 111 of the Zoning Ordinance does not specifically define a "porch." A "porch" is only defined in the Oceanfront Resort Form Based Code. The Form Based Code defines "porch" as "a one, two, or three-story structure attached to a building to shelter an entrance or to serve as covered but unenclosed space." The definition of "porch" is particularly important regarding setbacks and permitted encroachments. This text amendment adds the definition of porch from the Form City of Virginia Beach Page 2 of 2 Based Code into Section 111 of the Zoning Ordinance. This provides clarity and consistency between all zoning codes. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. There is no known opposition to this request. ■ Recommendation: On March 13, 2024, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 10-0. ■ Attachments: Staff Report Ordinance Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: V 1 AN ORDINANCE TO AMEND SECTION 111 2 OF THE CITY ZONING ORDINANCE 3 PERTAINING TO THE DEFINITION OF 4 TERMS 5 6 Section Amended: § 111 of the City Zoning 7 Ordinance 8 9 WHEREAS, the public necessity, convenience, general welfare and good zoning 10 practice so require; 11 12 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 13 BEACH, VIRGINIA: 14 15 That Section 111 of the City Zoning Ordinance is hereby amended and 16 reordained to read as follows: 17 18 Sec. 111. Definitions. 19 20 For the purpose of this ordinance, words used in the present tense shall include 21 the future; words used in the singular number include the plural and the plural the 22 singular; the use of any gender shall be applicable to all genders; the word "shall" is 23 mandatory; the word "may" is permissive; the word "land" includes only the area 24 described as being above mean sea level; and the word "person" includes an individual, 25 a partnership, association, or corporation. 26 27 . . . . 28 29 Dwelling unit. A "dwelling unit" is a room or rooms connected together, 30 constituting an independent heusekeePiRg unit residence for a family and including 31 permanent provisions for living, sleeping, eating, cooking and sanitation. 32 33 . . . . 34 35 Home sharing. A dwelling unit in which a room or rooms are offered for rental for 36 compensation for a period of less than thirty (30) consecutive days by an owner who 37 utilizes the dwelling unit as his principal residence and occupies the dwelling unit during 38 any such rental period. 39 40 . . . . 41 42 Kitchen. An area within a he sekeep0, 'welling unit that constitutes a permanent 43 provision for cooking 44 45 . . . . 46 47 Porch. A one, two, or three-story structure attached to a building to shelter an 48 entrance or to serve as covered but unenclosed space. 49 50 . . . . Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2024. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: aze tanning Department Ci y Attorneys ice CA16341 R-3 January 19, 2024 Item Applicant City of •. Planning Commission Public1 Dwelling Unit, Home Sharing, Kitchen, and Porch Definitions1 :,N. B Virginia Beach An Ordinance to amend Section 111 of the City Zoning Ordinance pertaining to the definitions of Dwelling Unit, Home Sharing, Kitchen, and Porch. Summary of • The purpose of this general housekeeping amendment is to clarify and create consistency amongst the definitions of Home Sharing, Dwelling Unit, and Kitchen, as well as to add a definition of Porch to the ordinance. 1. Home Sharing: The current definition of"Home Sharing"is "a dwelling in which a room or rooms are offered for rental compensation for a period of less than thirty(30)consecutive days by an owner who utilizes the dwelling as his principal residence and occupies the dwelling during any such period."During the enforcement process for the Short Term Rental Ordinance, staff has realized that there is too much ambiguity in what is meant by term "dwelling."The Zoning Ordinance identifies several types of"dwellings," including single-family,duplex, and multi-family dwellings. The intention of the "home sharing"definition was to reference a "dwelling unit,"a term specifically defined in the Zoning Ordinance, rather than the more over-arching term "dwelling."Therefore, staff has initiated this text amendment to replace "dwelling"with "dwelling unit"in the "home sharing"definition. 2. Dwelling Unit: The definition of"dwelling unit"is "a room or rooms connected together, constituting an independent housekeeping unit for a family and including permanent provisions for living, sleeping, eating, cooking and sanitation."Staff finds this definition to be problematic because the Zoning Ordinance does not define a "housekeeping unit."To provide clarity to this definition,the text amendment would change "housekeeping unit"to "residence,"which accurately reflects the intention of the term "dwelling unit." 3. Kitchen: Similar to the definition of"dwelling unit,"the definition of"kitchen"contains the term "housekeeping unit."The current definition of"kitchen"is "an area with a housekeeping unit which contains a cooking facility."To provide clarity and consistency with the definition of a "dwelling unit," staff has initiated this text amendment that changes "housekeeping unit"to"dwelling unit" and specifies that a kitchen requires 'permanent provisions for cooking." 4. Porch Section 111 of the Zoning Ordinance does not specifically define a "porch." A "porch" is only defined in the Oceanfront Resort Form Based Code. The Form Base Code defines "porch"as "a one, two, or three-story structure attached to a building to shelter an entrance or to serve as covered but unenclosed space."The definition of"porch" is particularly important regarding setbacks and permitted encroachments. This text amendment adds the definition of porch from the Form Based Code into Section 111 of the Zoning Ordinance. This provides clarity and consistency between all zoning codes. City of Virginia Beach Agenda Item 1 Page 1 Recommendation Staff recommends approval of this Ordinance as these amendments aim to provide clearer guidelines for zoning regulations pertaining to residential properties and accommodations. City of Virginia Beach Agenda Item 1 Page 2 Virginia Beach Planning Commission March 13, 2024, Public Meeting Agenda Item # 1 City of Virginia Beach RECOMMENDED FOR APPROVAL Mr. Coston: Thank you, Madam Chair. There will be five items on the Consent Agenda. These are applications that are recommended for approval by staff and the Planning Commission concurred, and there are no speakers signed up in opposition. Item one, on the Consent Agenda, it is City of Virginia Beach, an Ordinance to Amend Section 111 of the City's Zoning Ordinance pertaining to the definition of dwelling unit. At this time, we're going to ask our Zoning Administrator, Mr. Kevin Kemp, if he would come and read this into the record. Mr. Kemp: Thank you, and Good Afternoon, members of the commission. This item is a text amendment, it's really a housekeeping text amendment that was initiated by staff. Staff worked with the four terms that I will go over with you. So, as we work through enforcement, we realized that there were some issues that we would like to sinch up and tighten up with this text amendment. So four terms were modified. The first is the definition of home sharing, and in this we replaced the dwelling in the definition with dwelling unit. What staff found was that there was some ambiguity in what was meant by dwelling. The ordinance specifies several types of dwelling, single family, multifamily, and duplex. What the ordinance really intended, what that it is a single dwelling unit, not the entire building. So, by adding unit, it clarifies the intention of the ordinance. The second is modifying the definition of dwelling unit. This replaces the word housekeeping with residents in the definition. So, currently uses housekeeping unit in the definition. Well, this is a term that is not defined in the ordinance, and it is really not a common term. What's really intended is that a dwelling unit is an independent residence for a family. So, we are replacing it with that word. The third is amending the definition of kitchen, the same as previously with dwelling unit, it's replacing housekeeping unit with the words dwelling unit, and it also specifies in the definition that to be a kitchen, it requires a permanent provision for cooking, and this is therefore consistent with the definition of the dwelling unit. The last one is to add a definition of porch. Currently, our zoning ordinance does not have a definition of porch. There is one in the ocean front resort form-based code. What this does is it takes that definition, adds it to the city zoning ordinance, and therefore there is consistency across the board in all city codes, and staff has recommended approval of this. Thank you. Mr. Coston: Thank you. Are there any oppositions to this item being placed on the Consent Agenda? Okay, our next item is item two. Is there a representative? Yes, sir. Please state your name for the record. Mr. Coston: Thank you. Madam Chair, that was the last item on the consent agenda. The Planning Commission places the following applications on the consent agenda. Items 1, 2, 3, 4, and 13. Ms. Cuellar: Thank you very much. Do I have a motion to approve the consent agenda as read by Commissioner Coston. Mr. Anderson: So moved. Mr. Plumley: Second. Ms. Cuellar: Moved by Commissioner Anderson, seconded by Commissioner Plumley. Are there any planning commissioners abstaining on these items on the consent agenda? The motion for approval? The vote is open. Madam Clerk: By a vote of 10 to zero items number 1, 2, 3, 4, and 13, have been recommended for approval. AYE 10 NAY 0 ABS 0 ABSENT 1 Alcaraz ABSENT Anderson AYE B ler AYE Cromwell AYE Coston AYE Cuellar AYE Estaris AYE Hi en AYE Mauch AYE Parks AYE Plumlee AYE M. APPOINTMENTS 90-DAY FESTIVAL TASK FORCE ADVERTISING ADVISORY COMMITTEE ARTS AND HUMANITIES COMMISSION AUDIT COMMITTEE BAYFRONT ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION CLEAN COMMUNITY COMMISSION COMMUNITY POLICY AND MANAGEMENT TEAM COMMUNITY SERVICES BOARD HEALTH SERVICES ADVISORY BOARD MINORITY BUSINESS COUNCIL PARKS AND RECREATION COMMISSION PERSONNEL BOARD PUBLIC LIBRARY BOARD RESORT ADVISORY COMMISSION SHORT TERM RENTAL ENFORCEMENT TASK FORCE SOCIAL SERVICES ADVISORY BOARD VIRGINIA BEACH TOWING ADVISORY BOARD N. UNFINISHED BUSINESS O. NEW BUSINESS P. ADJOURNMENT CITY OF VIRGINIA BEACH R SUMMARY OF COUNCIL ACTIONS O S B H S E U S DATE:04/02/2024 PAGE: 1 R T H C L H C R A H T W W U E H E M R U A I O C D N E M M O L Y L O C Y L S I O U M L S T AGENDA H E E O C N S A O O E ITEM# SUBJECT MOTION VOTE I R Y N K D E N R N N 1. CITY COUNCIL'S BRIEFINGS A. YOUTH TACKLE FOOTBALL PROGRAM Jeff Doy,Director— UPDATE Great Neck (Requested by Council Members Remick,Rouse Recreation and Wooten) Association l;. PARKS NEEDS ASSESSMENT Michael Kirschman, Director—Parks and Recreation Tristan Cleveland— Kimley Horn Bill Mechnick, Landscape Architect —Kimley Hom II. CITY MANAGER'S BRIEFINGS A. FY 2024-25 RESOURCE MANAGEMENT PLAN(BUDGET)OPERATING AND CAPITAL IMPROVEMENT PROGRAM(CIP) I. TREASURER Leigh Henderson, City Treasurer _. REAL ESTATE ASSESSOR Sue Cunningham, City Real Estate Assessor 3. CITY AUDITOR Lyndon Remias, City Auditor 4. FIRE DEPARTMENT Chief Kenneth Pravetz 5. POLICE DEPARTMENT Chief Paul Neudigate 6• FINANCE Letitia Shelton, Director 7. COASTAL CIP Dan Adams,P.E., Coastal Program and Project Manager—Public Works 8. ROADWAYS CIP David Jarman, Transportation Division Manager —Public Works III-VII CERTIFICATION OF CLOSED SESSION CERTIFIED 11-0 Y Y Y Y Y Y Y Y Y Y Y A-F G. MINUTES A 1. INFORMAL AND FORMAL SESSIONS APPROVED 10-0 Y Y Y Y Y Y Y Y B Y Y March 19,2024 S 2. SPECIAL FORMAL SESSION APPROVED 10-0 Y Y Y Y Y Y Y Y A Y Y March 26,2024 I N E D CITY OF VIRGINIA BEACH R SUMMARY OF COUNCIL ACTIONS O S B H S E U S DATE:04/02/2024 PAGE: 2 R T H C L H C R A H T W W U E H E M R U A I O C D N E M M O L Y L O C Y L S I O U M L S T AGENDA H E E O C N S A O O E ITEM# SUBJECT MOTION VOTE I R Y N K D F, N R N N H. MAYOR'S PRESENTATIONS 1. PROCLAMATION-HONORING DR.LAWRENCE HULTGREN 2. PARKINSON'S AWARENESS MONTH J.1. Ordinance to REDIRECT $10,201,200 Funds ADOPTED,AS 9-1 Y Y N Y Y Y Y Y Y Y A within the American Rescue Plan Act (ARPA) AMENDED,BY B Grant appropriations to other projects re fully CONSENT S expend the grant award within the U.S. T Treasury's established guidelines(Requested by A Mayor Dyer, Vice Mayor Wilson, and Council I Members Berlucchi, Hutcheson, Remick, Ross- N Hammond,Rouse,Schulman,and Taylor) E D J.2. Resolution to ADD additional members to the ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Short Term Rental Enforcement Task Force CONSENT (Requested by Mayor Dyer, Vice Mayor Wilson and Council Members Berlucchi, Remick and Schulman) J.3, Ordinance to RATIFY amendments to the Bylaws ADOPTED,BY 11-0 Y Y Y Y Y Y 1' Y Y 1' Y of the Parks and Recreation Commission CONSENT J.4. Resolution to AMEND the Cost Allocation ADOPTED,BY 11-0 Y l' Y Y Y Y Y Y Y Y Y Agreement between the Cities of Chesapeake, CONSENT Hampton, Newport News, Norfolk, Portsmouth, Virginia Beach,and the Transportation District Commission of Hampton Roads JS. Resolutions to REQUEST the Virginia Department ADOPTED,BY II-0 Y Y Y Y Y Y Y Y Y Y Y of Transportation(VDOT)to ACCEPT Additional CONSENT Streets and CORRECTIONS/DELETIONS to the Road Inventory re Urban Maintenance Payments .1.6. Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y $2,238,750 from the Virginia Department of CONSENT Environmental Quality (DEQ) and TRANSFER $2,238,750 to the FY 2023-24 Capital improvement Program re Project#100567"Kemps Lake Water Quality Improvement" 7. Ordinance to APPROPRIATE $1,208,790 from ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y the unrestricted fund balance of the City Garage CONSENT Internal Service Fund and TRANSFER $11,210 from the capital outlay accounts to the FY2023-24 City Garage Internal Service Fund Operating Budget re inflation and unexpected expenditures J.8. Ordinance to TRANSFER $13,463,246 in ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y previously appropriated Capital Improvement CONSENT Program Funds from Capital Project#100217, "Indian River Road Phase VII-A,"to Capital Projects#100529,"Elbow Road Phase l l-B," and #100159, Elbow Road Phase II-C" re construction bid K.I. LYNNHAVEN MALL, LLC for a Conditional APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y Use Permit re outdoor recreational facility at 701 CONDITIONED, Lynnhaven Parkway DISTRICT 3 BY CONSENT CITY OF VIRGINIA REACH R SUMMARY OF COUNCIL ACTIONS O S B H S E U S DATE:04/02/2024 PAGE: 3 R T H C L H C R A H T W W U E H E M R U A I O C D N E M M O L Y L O C Y L S 1 O U M L S T AGENDA H E E O C N S A O O E ITEM# SUBJECI MOTION VOTE I R Y N K D E N R N N I . APPOINTMENTS RESCHEDULED 1" O N S E N S U S 90-DAY FESTIVAL TASK FORCE ADVERTISING ADVISORY COMMITTEF. AUDIT COMMITTEE BAYFRONT ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION CLEAN COMMUNITY COMMISSION COMMUNITY POLICY AND MANAGEMENT TEAM COMMUNITY SERVICES BOARD HEALTH SERVICES ADVISORY BOARD MINORITY BUSINESS COUNCIL PERSONNEL BOARD VIRGINIA BEACH TOWING ADVISORY BOARD �1 UNFINISHED BUSINESS 1. NEW BUSINESS (>. ADJOURNMENT 6:19 PM OPEN DIALOGUE 29 SPEAKERS 7:26 PM