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Home My WebLink AboutJUNE 2, 2020 FORMAL SESSION AGENDA CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL lA•BE MAYOR ROBERT M. "BOBBY"DYER,At Large �`��,�N `�AcficL VICE MAYOR JAMES L.WOOD,Lynnhaven-District 5 04 Cp JESSICA P.ABBOTI;Kempsville-District 2 > \\ MICHAEL F.BERLUCCHI,Rose Hall-District 3 U BARBARA M.HENLEY,Princess Anne-District 7 `? LOUIS R.JONES,Bayside-District 4 s' JOHN D.MOSS,At Large °+.+ AARONR.ROUSE,At Large 'of OUR “oo"s GUYK TOWER,Beach-District 6 ROSEMARY WILSON,At Large SABRINA D.WOOTEN,Centerville-District 1 CITY HALL BUILDING CITY COUNCIL APPOINTEES CITY COUNCIL AGENDA 2401 COURTHOUSE DRIVE ACTING CITY MANAGER-THOMAS M.LEAHY VIRGINIA BEACH, VIRGINIA 23456-9005 CITY ATTORNEY-MARK D.STILES PHONE:(757)385-4303 CITY ASSESSOR-RONALD D.AGNOR June 2,2020 FAX(757)385-5669 CITY AUDITOR-LYNDON S..REML4S E-MAIL:CITYCOUNCIL@vkgov.com CITY CLERK-AMANDA BARNES MAYOR ROBERT M. "BOBBY" DYER PRESIDING I. CITY MANAGER'S BRIEFINGS - City Council Chamber- 2:00 PM A. COVID-19 UPDATE Dr. Demetria Lindsay, Director—Virginia Beach Health Department Erin Sutton, Director—Office of Emergency Management B. PUBLIC WORKS DESIGN STANDARDS MANUAL Phil Pullen, City Engineer C. HURRICANE PREPAREDNESS UPDATE Erin Sutton, Director—Office of Emergency Management II. CITY COUNCIL LIAISON REPORTS III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW V. INFORMAL SESSION - City Council Chamber - 4:30 PM A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - City Council Chamber - 6:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer B. INVOCATION C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES SPECIAL SESSION BY ELECTRONIC MEANS April 30, 2020 SPECIAL SESSION BY ELECTRONIC MEANS May 5, 2020 SPECIAL SESSION May 7, 2020 SPECIAL SESSION May 12, 2020 SPECIAL SESSION BY ELECTRONIC MEANS May 14, 2020 G. BID OPENING 1. NON-EXCLUSIVE FRANCHISE FOR THE USE OF CITY RIGHTS-OF-WAY H. PUBLIC HEARING 1. NON-EXCLUSIVE FRANCHISE* Kitty Hawk Wind,LLC *This item was prematurely advertised and is not on the Agenda for consideration.As such, more public outreach will take place, and an additional Public Hearing will be held at a future date. I. FORMAL SESSION AGENDA 1. CONSENT AGENDA J. ORDINANCE/RESOLUTION 1. Ordinance to DECLARE easements at the corner of Market and Columbus Streets in EXCESS of the City's needs, CONVEY easements to Stokes Properties,L.L.C., and AUTHORIZE temporary encroachments re development of hotel at Town Center 2. Resolution to GRANT permits re ALLOW Emergency Medical Services Agencies to operate in the City: a. American Lifeline Medical Transport, Inc. b. American Medical Response Mid-Atlantic, Inc. c. Cardinal Ambulance Services, Inc. d. Children's Hospital of the King's Daughters e. Delta Medical Transport, Inc. f. Endurance Medical Transport, LLC g. Lifecare Medical Transports, Inc. h. Medical Transport, LLC i. Nightingale Regional Air Ambulance, Inc. j. Reliance Medical Transport, LLC k. Robbie's Ambulance Service, Inc. 1. Special Event Providers of Emergency Medicine, Inc. m. Tidewater Medical Transport, Inc. K. PLANNING 1. BISHARD FAMILY REAL ESTATE,LLC for a Variance to Section 4.1(j) of the Subdivision Regulations re subdivide the existing parcel into three (3) lots at 312 Gatewood Avenue DISTRICT 6—BEACH (Deferred from February 18, 2020) RECOMMENDATION: STAFF—DENIAL PLANNING COMMISSION—APPROVAL 2. MARTIN & JUNE KERNUTT/THE KERNUTT FAMILY REVOCABLE LIVING TRUST for a Variance to Section 4.4(b) of the Subdivision Regulations re properly record plat for existing single-family dwelling at 1413 Mill Landing Road DISTRICT 7— PRINCESS ANNE RECOMMENDATION: APPROVAL 3. FRANKLIN JOHNSTON GROUP MANAGEMENT & DEVELOPMENT,LLC/ SECURITY STORAGE & VAN COMPANY OF NORFOLK,VIRGINIA,INC. for a Conditional Change of Zoning from I-1 Industrial to Conditional A-36 Apartment re develop up to 160 multi-family units at 4545 South Boulevard DISTRICT 3- ROSE HALL (Deferred from February 18, 2020) RECOMMENDATION: APPROVAL 4. JUDEO-CHRISTIAN OUTREACH CENTER, INC for a Conditional Use Permit re single room occupancy facility and a Modification of Conditions re group home at 1049 & 1053 Virginia Beach Boulevard DISTRICT 6—BEACH(Rescheduled from March 17, 2020) RECOMMENDATION: APPROVAL 5. KODU, LLC & OCEAN PROPERTIES,LLC for a Modification of Conditions re motor vehicles sales at 1159 & 1165 Lynnhaven Parkway DISTRICT 3 —ROSE HALL (Rescheduled from March 17, 2020) RECOMMENDATION: APPROVAL 6. JUSTIN MILEY/JUSTIN & MARGARET MILEY and CHRISTINE KOMMNICK for a Conditional Use Permit re residential kennel at 3253 Hungarian Road DISTRICT 7—PRINCESS ANNE RECOMMENDATION: APPROVAL 7. SUZANNE NICOLE RUPP/TRAVIS CHESTER RUPP for a Conditional Use Permit re home-based wildlife rehabilitation facility at 1916 Kempsville Crossing Lane DISTRICT 1 —CENTERVILLE (Rescheduled from March 17, 2020) APPLICANT REQUESTS WITHDRAWAL RECOMMENDATION: APPROVAL 8. Ordinance to ADOPT and INCORPORATE into the Virginia Beach Comprehensive Plan the Virginia Beach Resort Area Strategic Action Plan 2030 and AMEND Sections 1.1 and 1.2 re Resort Strategic Growth Area, as amended on pages 41 and 42 (Rescheduled from March 17, 2020) RECOMMENDATION: APPROVAL L. APPOINTMENTS 2040 VISION TO ACTION COMMUNITY COALITION ADVERTISING ADVISORY COMMITTEE ARTS AND HUMANITIES COMMISSION AUDIT COMMITTEE BAYFRONT ADVISORY COMMISSION BIKEWAYS AND TRAILS ADVISORY COMMITTEE BOARD OF BUILDING CODE APPEALS BOARD OF ZONING APPEALS CHESAPEAKE BAY ALCOHOL SAFETY ACTION PROGRAM CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS CLEAN COMMUNITY COMMISSION COMMUNITY ORGANIZATION GRANT REVIEW&ALLOCATION COMMITTEE COMMUNITY POLICY AND MANAGEMENT TEAM COMMUNITY SERVICES BOARD HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMISSION HUMAN RIGHTS COMMISSION MINORITY BUSINESS COUNCIL OLD BEACH DESIGN REVIEW COMMITTEE OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PROCESS IMPROVEMENT STEERING COMMITTEE RESORT ADVISORY COMMISSION SENIOR SERVICES OF SOUTHEASTERN VIRGINIA SOCIAL SERVICES BOARD VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION VIRGINIA BEACH TOWING ADVISORY BOARD WETLANDS BOARD M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT *********************************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ***************************** The Agenda(including all backup documents) is available at https://www.vbgov.com/government/departments/city-clerk/city-council under the eDocs Document Archive. If you would like to receive by email a list of the agenda items for each Council meeting,please submit your request to pmcgraw@vbgov.com or call 385-4303. MAYOR ROBERT M. "BOBBY" DYER PRESIDING I. CITY MANAGER'S BRIEFINGS - City Council Chamber- 2:00 PM A. COVID-19 UPDATE Dr. Demetria Lindsay, Director—Virginia Beach Health Department Erin Sutton, Director—Office of Emergency Management B. PUBLIC WORKS DESIGN STANDARDS MANUAL Phil Pullen, City Engineer C. HURRICANE PREPAREDNESS UPDATE Erin Sutton, Director—Office of Emergency Management II. CITY COUNCIL LIAISON REPORTS III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW V. INFORMAL SESSION - City Council Chamber- 4:30 PM A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer B. INVOCATION C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES SPECIAL SESSION BY ELECTRONIC MEANS April 30, 2020 SPECIAL SESSION BY ELECTRONIC MEANS May 5, 2020 SPECIAL SESSION May 7, 2020 SPECIAL SESSION May 12,2020 SPECIAL SESSION BY ELECTRONIC MEANS May 14, 2020 G. BID OPENING 1. NON-EXCLUSIVE FRANCHISE FOR THE USE OF CITY RIGHTS-OF-WAY Il Ar Csv.4 ., r REQUEST FOR PROPOSALS NON-EXCLUSIVE FRANCHISE FOR THE USE OF CITY RIGHTS-OF-WAY The City of Virginia Beach has received a proposal for a non-exclusive franchise to use and occupy the City's streets and public rights-of-way for the purposes OF constructing, installing, operating and maintaining the Company's underground and overhead transmission lines, fiber, collection and communication lines, facilities and associated equipment to support the Company's offshore wind energy project(s)off the coast of Virginia. A copy of the full text of the proposed ordinance is on file in the office of the City Clerk. Additional bids will be received by the City until the date below. All bids must be in writing. The right to reject any and all bids is hereby expressly reserved. Further information, including a copy of the proposed franchise agreement, may be obtained by calling the City Attorney's Office at(757)385-2037. Bids shall be read by the Mayor of the City of Virginia Beach at the regular meeting of the City Council,which will be held in the Council Chambers, City Hall Building (Building 1) Municipal Center,Virginia Beach,Virginia on June 2,2020 at 6:00 p.m.,and after reading of the bids,the Council will either proceed with the consideration of the ordinance awarding the aforesaid franchise agreement or will defer the matter to a subsequent meeting. BIDS MUST BE RECEIVED NO LATER THAN FRIDAY,MAY 29,2020 AT 5:00 p.m. If you are physically disabled or visually Impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 3854303;Hearing Impaired call 711. All interested parties are invited to attend. Amanda Barnes City Clerk BEACON:Sunday,May 17 and 24,2020 H. PUBLIC HEARING 1. NON-EXCLUSIVE FRANCHISE* Kitty Hawk Wind, LLC *This item was prematurely advertised and is not on the Agenda for consideration.As such, more public outreach will take place, and an additional Public Hearing will be held at a future date. Qd+e"moo b NOTICE OF PUBLIC HEARING On June 2,2020,at 6:00 p.m.,in the Council Chamber of the City Hall Building, 2401 Courthouse Dr., Virginia Beach,Virginia,the Virginia Beach City Council will hold a public hearing concerning the request of Kitty Hawk Wind, LLC, a Delaware limited liability company,having its principal office at 1125 NW Couch, Suite 700,Portland,OR 97209,to be granted a non-exclusive franchise to use and occupy the City's streets and public rights-of-way for the purposes of constructing,installing. operating and maintaining the Company's underground and overhead transmission lines, fiber, collection and communication lines, facilities and associated equipment to support the Company's offshore wind energy project(s)off the coast of Virginia. 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 711. Any citizen wishing to make comments virtually during the public hearing should follow a two-step process provided below: •Register for the WebEx at: https://vbgov.webex.com/vbgov/ onstage/g.php?M TI D=e8dc40963 de346f09cf4c822391b99113 •Register with the City Clerk's Office by calling(757)385-4303 or via email at ABarnes@avbeov,com prior to 6:00 p.m.on June 2,2020. Amanda Barnes City Clerk Beacon:Sunday,May 24,2020 _ s3 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Granting a Non-exclusive Franchise to Occupy the City's Streets and Public Rights-of-Way to Support the Company's Offshore Wind Energy Project(s) to Kitty Hawk Wind, LLC PUBLIC HEARING DATE: June 2, 2020 MEETING DATE: TBD • Background: Kitty Hawk Wind, LLC ("Avangrid"), a Delaware limited liability company, has requested a franchise to use the City's streets and rights-of-way for the purposes of constructing, installing, operating and maintaining the company's underground and overhead transmission lines, fiber, collection and communication lines, facilities and associated equipment to support Avangrid 's offshore wind energy project(s) off the coast of Virginia. • Considerations: The ordinance grants Avangrid a non-exclusive 20-year franchise, with two additional 10-year options to renew as agreed to by the City, not to exceed 40 years. Such franchise and renewals shall comply with the terms and conditions set forth in the attached Summary of Terms. • Public Information: An advertisement inviting additional bids was published in The Virginian-Pilot on May 17 and 24, 2020 in accordance with Virginia Code Section 15.2-2101. The public hearing was advertised on May 24, 2020 as required by Virginia Code Section 15.2-1813. The public hearing will be held on June 2, 2020. • Attachments: Disclosure Statement, Ordinance, Summary of Terms Recommended Action: Submitting Department: Public Works City Manager: Titif L 1 AN ORDINANCE GRANTING A NON-EXCLUSIVE 2 FRANCHISE TO OCCUPY THE CITY'S STREETS 3 AND PUBLIC RIGHTS-OF-WAY TO SUPPORT THE 4 COMPANY'S OFFSHORE WIND ENERGY 5 PROJECT(S) TO KITTY HAWK WIND, LLC 6 7 WHEREAS, Kitty Hawk Wind, LLC ("Avangrid"), having its principal office at 1125 8 NW Couch Street, Suite 700, Portland, OR 97209, desires to use and occupy the City's 9 streets and public rights-of-way for the purposes of constructing, installing, operating 10 and maintaining the company's underground and overhead transmission lines, fiber, 11 collection and communication lines, facilities and associated equipment to support the 12 company's offshore wind energy project(s) off the coast of Virginia within and through 13 the City; and 14 15 WHEREAS, the City is agreeable to allowing Avangrid to use the City's public 16 streets and rights-of-way for the aforesaid purposes, subject to the terms and conditions 17 set forth in the summary of terms attached hereto as Exhibit A and made a part hereof 18 (the "Summary of Terms"). 19 20 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 21 VIRGINIA BEACH, VIRGINIA: 22 23 That the City Council hereby authorizes the City Manager to execute a franchise 24 agreement with Avangrid for an initial term of twenty (20) years, with two (2) additional 25 ten (10) year options to renew, not to exceed a total of forty (40) years, in accordance 26 with the Summary of Terms, and such other terms, conditions or modifications, as may 27 be acceptable to the City Manager and in a form deemed satisfactory by the City 28 Attorney. Adopted by the Council of the City of Virginia Beach, Virginia, on this day of , 2020. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: PUBLIC WORKS CITY ATTORNEY'S OFFICE CA14677 May 27, 2020 R-1 \\vbgov.com\dfsl\applications\citylaw\cycom32\wpdocs\d015\p035\00632706.docx EXHIBIT A KITTY HAWK WIND, LLC FRANCHISE AGREEMENT SUMMARY OF TERMS Parties: City of Virginia Beach ("City") and Kitty Hawk Wind, LLC ("Avangrid") Term: Initial term of twenty (20) years, with two (2) additional renewal terms of ten (10) years each, maximum forty (40) years. Fee: $1,500 per mile or any portion thereof over which the facilities are installed in the City's rights-of-way; allowed under Va. Code §67-1103, as amended or pre-empted by federal law. Location: Company will purchase real property within the City for potential project(s). The location of facilities installed within the City's rights-of-way is anticipated to connect a location off the coast of Sandbridge Beach to the real property that Company eventually purchases. Relocation: Avangrid is solely responsible for paying the cost of removal or relocation of its facilities if a public project necessitates their removal or relocation. Special Consideration: City acknowledges that the facilities to be installed include high voltage electrical cabling and lines. The City agrees to take the unique nature of such facilities into consideration when coordinating relocation and removal of such facilities. Termination: Avangrid must remove its facilities upon termination of the franchise or City may allow facilities to remain in place and take ownership. Insurance: Commercial General Liability (min. $2 million); Automobile Liability (min. $1 million); Pollution Liability Insurance ($1 million). Alternatively, may have $5 million umbrella coverage. Surety: $25,000 letter of credit and $50,000 surety bond OR $75,000 surety bond Virginia Beach APPLICANT'S NAME Kitty Hawk Wind, LLC DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. 4 • SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two (2) weeks prior to any Page 1 of 7 Planning Commission and City Council meeting that pertains to the application(s). ▪ APPLICANT NOTIFIED OF HEARING DATE: ▪ NO CHANGES AS OF DATE: • REVISIONS SUBMITTED DATE: IVB Virginia Beach X Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: Kitty Hawk Wind, LLC If an LLC, list all member's names: Avangrid Renewables, LLC If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) Avangrid, Inc.; Avangrid Renewables Holdings, Inc.; Avangrid Renewables, LLC; lberdrola, S.A. in addition to other affiliates that own single energy projects or operate in other countries and are not material to operations of Kitty Hawk, LLC. See next page for information pertaining to footnotes"' and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. n Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ri Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name: City of Virginia Beach If an LLC, list the member's names: Page 2 of 7 Cly 1 Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. ♦ • SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 APPLICANT Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) XAccounting and/or preparer of your tax return Architect / Landscape Architect / Land Planner Contract Purchaser (if other than X the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed I I a purchaser of the subject property u (identify purchaser(s) and purchaser's service providers) Construction Contractors nEngineers / Surveyors/ Agents See attached list Financing (include current IXI mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) X Legal Services See attached list Real Estate Brokers / Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ Inl an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? To the best of Applicant's knowledge no city official has an interest in this action. Page 4 of 7 Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. Craig Poff, Director of DevelopmE 05/06/20 APPLICANT'S SIGNATURE PRINT NAME DATE Page 5 of 7 OWNER Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) I I ❑ Accounting and/or preparer of your tax return u Architect / Landscape Architect / Land Planner n Contract Purchaser (if other than n the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed ❑ I�I purchaser of the subject property I I (identify purchaser(s) and purchaser's service providers) I I Li Construction Contractors I ► I� Engineers / Surveyors/ Agents ' Financing (include current ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Legal Services Real Estate Brokers / Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have n an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 1VB Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. PROPERTY OWNER'S SIGNATURE PRINT NAME DATE Page 7 of 7 I. FORMAL SESSION AGENDA 1. CONSENT AGENDA J. ORDINANCE/RESOLUTION 1. Ordinance to DECLARE easements at the corner of Market and Columbus Streets in EXCESS of the City's needs, CONVEY easements to Stokes Properties, L.L.C., and AUTHORIZE temporary encroachments re development of hotel at Town Center 2. Resolution to GRANT permits re ALLOW Emergency Medical Services Agencies to operate in the City: a. American Lifeline Medical Transport, Inc. b. American Medical Response Mid-Atlantic, Inc. c. Cardinal Ambulance Services, Inc. d. Children's Hospital of the King's Daughters e. Delta Medical Transport, Inc. f. Endurance Medical Transport,LLC g. Lifecare Medical Transports, Inc. h. Medical Transport, LLC i. Nightingale Regional Air Ambulance, Inc. j. Reliance Medical Transport, LLC k. Robbie's Ambulance Service, Inc. 1. Special Event Providers of Emergency Medicine, Inc. m. Tidewater Medical Transport,Inc. C OAP' CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance 1) Declaring Easements in Excess of the City's Needs, 2) Approving the Conveyance of Easements, and 3) Authorizing Temporary Encroachments on City Property MEETING DATE: June 2, 2020 • Background: Stokes Properties, L.L.C. (the "Developer") is the owner of the 9,496 square foot parcel at 4571 Columbus Street (GPIN: 1477-54-0273), located near the intersection of Market Street and Columbus Street, east of the Dick's Sporting Goods Garage (the "Property"). The Developer has approached representatives of the City of Virginia Beach (the "City") and the City of Virginia Beach Development Authority (the "Authority") about constructing a 14-story, 120-room hotel on the Property (the "Project"). Due to the size of the Property, the Developer has requested that the City grant certain easements and temporary encroachments on adjacent City-owned land (GPINs: 1477- 54-0223 and 1477-54-1273) to allow development of the Project. The easements would be for(i) ingress/egress over City land, (ii) a terrace at the corner of Market and Columbus Streets, and (iii) drainage. The temporary encroachments would be to allow (i) a porte- cochere, and (ii) landscaping and decorative improvements. During the site plan review process, City staff requested that the Developer make certain improvement and considerations. As a part of the Project, the Developer, at its sole expense, has agreed to upgrade the sidewalks, relocate and upgrade the existing public pedestrian path on the City's property, relocate an existing waterline and provide funds for additional trees throughout Town Center. To satisfy its parking needs, the Developer has requested that the Authority allow use of the Town Center Public Parking System. No on-site parking is planned. A recent parking study commissioned by the Authority has confirmed that there is adequate excess parking to accommodate this request and the Authority approved the request on May 12, 2020. To offset costs added to the Town Center Public Parking System, the Developer has agreed to have the Property included in the Town Center Special Services District, which would cause the Property to be subject to the special tax assessment. This change will come before City Council at a later date and would be effective as of the completion of the Project. • Considerations: The Project would bring additional hotel inventory to Town Center and would redevelop an underutilized parcel in Town Center. The easements and temporary encroachments would not interfere with the public's use of the right-of-way or the adjacent City-owned land. This item was originally part of the agenda for the City Council's March 17, 2020 formal meeting, but that meeting was canceled due to the Governor's COVID-19 Pandemic state of emergency declaration of March 12, 2020. • Public Information: This matter was briefed to City Council on March 10, 2020. A public hearing was advertised on May 10, 2020 in The Virginian-Pilot. The public hearing was held on May 19, 2020. Public notice will be provided via the normal City Council agenda process. • Alternatives: Approve the Ordinance as presented, deny approval of the Ordinance, or add conditions or modifications as desired by Council. • Recommendations: Approval. • Attachments: Ordinance Exhibit A (Ingress/Egress and Terrace Easements - GPIN: 1477-54-0223) Exhibit B (Ingress/Egress and Drainage Easements — GPIN: 1477-54-1273) Exhibit C (Encroachments — GPIN: 1477-54-1273) Draft Deed of Easement Draft Encroachment Agreement Location Map Disclosure Statement Form Recommended Action: Approval Submitting Department/Agency: Economic Development City Manager: Ai/L.- 1 AN ORDINANCE 1) DECLARING EASEMENTS IN EXCESS 2 OF THE CITY'S NEEDS, 2) APPROVING THE CONVEYANCE 3 OF THE EASEMENTS, AND 3) AUTHORIZING TEMPORARY 4 ENCROACHMENTS ON CITY PROPERTY 5 6 WHEREAS, Stokes Properties, L.L.C. (the "Developer") is the owner of the 9,496 7 square foot parcel at 4571 Columbus Street (GPIN: 1477-54-0273), located near the 8 intersection of Market Street and Columbus Street, east of the Dick's Sporting Goods 9 Garage in Block 12 of Town Center (the "Property"); 10 11 WHEREAS, the Developer has approached representatives of the City of Virginia 12 Beach (the "City") and the City of Virginia Beach Development Authority (the "Authority") 13 about constructing a 14-story, 120-room hotel on the Property (the "Project"); 14 15 WHEREAS, the City owns two parcels of land adjacent to the Property, known as 16 GPINs: 1477-54-0223 and 1477-54-1273) (the "City Property"); 17 18 WHEREAS, due to the size of the Property, the Developer has requested that the 19 City grant certain easements and temporary encroachments on the City Property in order 20 to satisfy requirements related to development of the Project; 21 22 WHEREAS, the easements would be for (i) non-exclusive access, (ii) a terrace at 23 the corner of Market and Columbus Streets, and (iii) drainage (collectively, the 24 "Easements"), as more specifically shown on Exhibit A and Exhibit B attached hereto; 25 26 WHEREAS, the temporary encroachments would be to allow (i) a porte-cochere, 27 and (ii) landscaping and decorative improvements (collectively, the "Temporary 28 Encroachments"), as depicted on Exhibit C, attached hereto; 29 30 WHEREAS, as part of the Project, the Developer has agreed to make certain 31 improvements and considerations requested by City staff, including upgrading sidewalks, 32 relocating and upgrading the existing public pedestrian path on the City Property, and 33 providing funds for additional trees throughout Town Center; 34 35 WHEREAS, forms of the proposed Easement and Temporary Encroachment 36 documents have been included with the package provided to City Council; 37 38 WHEREAS, to satisfy its parking needs, the Developer has requested that the 39 Authority allow use of the Town Center Public Parking System since no on-site parking is 40 planned; 41 42 WHEREAS, a recent parking study commissioned by the Authority has confirmed 43 that there is adequate excess parking to accommodate this request and the Authority 44 will vote on this proposal on March 17, 2020; 45 WHEREAS, the Developer has represented that without the City's approval of the 46 Easements and Temporary Encroachments, and without the Authority's approval to use 47 the Town Center Public Parking System, the Project would not be possible, nor would the 48 improvements requested by the City be constructed; 49 50 WHEREAS, City staff supports the additional hotel inventory at Town Center and 51 further supports granting and authorizing the Easements and Temporary Encroachments; 52 and 53 54 WHEREAS, City Council is of the opinion that developing the Property, as 55 proposed by the Developer, will have an overall positive impact on the City of Virginia 56 Beach and its citizens. 57 58 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 59 VIRGINIA BEACH, VIRGINIA: 60 61 1. That the Easements contemplated herein are hereby declared to be in 62 excess of the needs of the City of Virginia Beach. 63 64 2. That pursuant to the authority and to the extent thereof contained in §§15.2- 65 2009 and 15.2-2107, Code of Virginia, 1950, as amended, the Developer, or its successor 66 in title is authorized to construct and maintain the Temporary Encroachments upon 67 portions of the City Property, as shown on Exhibit C, attached hereto and made a part 68 hereof. 69 70 3. That the Temporary Encroachments are expressly subject to those terms, 71 conditions and criteria contained in an agreement between the City and the Developer 72 (the "Agreement"), an unexecuted form of which has been presented to City Council in its 73 agenda, and will be recorded among the records of the Clerk's Office of the Circuit Court 74 of the City of Virginia Beach. 75 76 4. That the City Manager, or his designee, is hereby authorized to execute any 77 and all documents necessary (i) to convey the Easements to the Developer, and (ii) to 78 authorize the Temporary Encroachments, so long as the documents are in substantial 79 accordance with the Agreement and Exhibits A, B & C, attached hereto and made a part 80 hereof, and such other terms, conditions or modifications as may be acceptable to the 81 City Manager and in a form deemed satisfactory by the City Attorney. 82 83 This Ordinance shall be effective from the date of its adoption. 84 85 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 86 , 2020. THIS ORDINANCE REQUIRES AN AFFIRMATIVE VOTE OF THREE-FOURTHS OF ALL COUNCIL MEMBERS ELECTED TO CITY COUNCIL APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Ecol' is Development City Attorney's Office CA14857 \\vbgov.com\DFS1\Applications\CityLawProd\cycom32\Wpdocs\t)030\P011'00013007.DOC R-1 March 5, 2020 EXHIBIT A NOTES: (Page 1 of 2) 1. THE INTENT OF THIS EXHIBIT IS TO SHOW VARIABLE WIDTH PRIVATE TERRACE EASEMENT & VARIABLE WIDTH PRIVATE INGRESS/EGRESS EASEMENT TO BE ESTABUSHED ON PART OF LOTS 1-2, BLOCK 47, GPIN 1477-54-0223. 2. NORTH MERIDIAN SHOWN HEREON IS BASED ON VIRGINIA STATE PLANE COORDINATE SYSTEM, SOUTH ZONE, NAD83/93 HARN. N/F C)Z1 /&'/'STREET CITY OF VIRGINIA BEACH ({�i11Q1�'E ION R/) s 2 A MUNICIPAL CORPORATION IN (MB 5, PC 201�(OB 1.355, PG 2I5� g z THE STATE OF VIRGINIA �4/B 110, PC 12� .:Ii. c, z (DB 1585, PG 518) w w PART OF LOTS 1-2, BLOCK 47 5 (MB 5, PG 201) o �1 a (MB 110, PG 12) N89'35'49"E 30.00' Q' GPIN:1477-54-0223 N �' �� C L'i:S•7•\ N 3474279.42 a �1� ¢ L•1 .. •. E 12175040.71 ? L12 TIE q '•'. '•'..••:.•.:,. � � ( ) '• . .DENOTES 5 '" C7 C6 ':•'•••': PROPOSED VARIABLE WIDTH PRIVATE CS :' TERRACE EASEMENT V///i 1 DENOTES cr.'.•. L14 r (810 SQ.FT./0.019 AC.) PROPOSED VARIABLE WIDTH PRIVATE INGRESS/EGRESS EASEMENT AREA 1 (103 SQ.FT./0.002 AC.) N/F -� •' ? STOKES PROPERTIES, LLC 1 z INS1R. 20160727000646000)�� o �.•,.. ••'.•••. r*i N L3•.•• PART OF LOTS 3-6, BLOCK 47 � � " (MB 5, PG 201) (1) ii k '' c, y U, (DB 1356, PG 235) ko o 04B110, PG12) h LOT 1 LOT 2 GPIN:1477-54-0273 �� o � � LOT4 �•- I L10 I V//1/j DENOTES in I N 3474184.42 E 12175041.3.38 PROPOSED VARIABLE WIDTH PRIVATEr' I L6 INGRESS/EGRESS EASEMENT r L8 (� Q\�� AREA 2 (320 SQ.FT./0.007 AC.) 3PROPOSED VARIABLE VADTH //� A89 116-'W 150.00. . NONEXCLUSIVE PRIVATE CITY OF VIRGINIA BEACH j• •• .•.•/ INGRESS/EGRESS EASEMENT ': A MUNICIPAL CORPORATION IN THE .': .;'•• ••:' . (3,633 SO.F7./0.083 AC.) • STATE OF VIRGINIA :::EB) •• (DB 125222)( •ARTOF LOTS 7-22 & ALL OFLOT •PROPOSED 20' •' / 23-44, BLOCK 47 PRIVATE DRAINAGE EASEMENT /%� / -� ' (2,911 SOFT/O.067 AC.) I (MB 5, PG 201)(MB 110, PG 12) 1 (SEE EXHIBIT B) GPIN:1477-54-1273 i �pyTH op P t-1, 0' 20' 40' 0 EXHIBIT SHOVING MIPAIM14611011 w I EASEMENTS FROM y THE CITY OF VIRGINIA BEACH JEFFREY J. VIERRETHER GRAPHIC SCALE TO STOKES PROPERTIES, L.L.C. Lic. No. 2306 VIRGINIA BEACH, VIRGINIA 3-3-2020 1"=20' MARCH 3, 2020 <'1n �'0 SUR �yO� SEE SHEET OF 2 FOR UNE &2CUURVE M S_A , P -C . 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THE INTENT OF THIS EXHIBIT IS TO SHOW VARIABLE WIDTH PRIVATE INGRESS/EGRESS EASEMENT AND 20' PRIVATE DRAINAGE EASEMENT TO BE ESTABLISHED ON PART OF LOTS 7-22 & ALL OF LOTS 23-44 BLOCK 47, GPIN 1477-54-1273. 2. NORTH MERIDIAN SHOWN HEREON IS BASED ON VIRGINIA STATE PLANE COORDINATE SYSTEM, SOUTH ZONE, NAD83/93 HARN. [ PROPOSED VARIABLE WIDTH PRIVATE 1 . '.'.:•:.' ': TERRACE EASEMENT N/F (810 SQ.FT./0.019 AC.) CITY OF VIRGINIA BEACH • (SEE EXHIBIT A) A MUNICIPAL CORPORATION IN, THE STATE OF VIRGINIA N/F �-' rn (DB 1585, PG 518) I STOKES PROPERTIES, LLC Sst,o PART OF LOTS 1-2, BLOCK 471 (INSTR. 20160727000646000) (MB 5, PG 201) PART OF LOTS 3-6, BLOCK 47 $ z (MB 110, PG 12) (MB 5, PG 201) I ,,; GPIN:1477-54-0223 (DB 1356, PG 235) N 3474184.07 I (MB 110, PG 12) LOT 6 a N E 12174991.38 GPIN:1477-54-0 73 k' ft LOT 1 LOT 2 I LOT 3 LOT 4 LOT 5 `1 N N � /�A�`" A. 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(3,633 SQ.FT./0.083 AC.) ki (SEE EXHIBIT A) N/F z CITY OF VIRGINIA BEACH J k 2 A MUNICIPAL CORPORATION IN THE W L' STATE OF VIRGINIA 4 -- -= (DB 1252, PG 222)(DB 1585, PG 518) m PART OF LOTS 7-22 & ALL OF LOTS I I I 23-44, BLOCK 47 J (MB 5, PG 201)(MB 110, PG 12) o GPIN:1477-54-1273 4 _ LOT 23 LOT 24 �G� 25 • TT 2E LOT 27 LOT 28 LOT c C I I I I I '- N 3474059.07 I I 7— E 12174992.26 S89'35'49"W 400.00' X filiaN BOULEVARD MR/ABLE MOW Rft (FORA/ERZ Y LAFAlE77E STREET) (MB 5 Pc 201)(,NB 110, Pc 12) �pyTH op D 0' 25' 50'IMMIN EXHIBIT SHOWING I ( EASEMENTS FROM Y J. VIERRETHER a THE CITY OF VIRGINIA BEACH Lic. No. 2306 GRAPHIC SCALE TO STOKES PROPERTIES, L.L.C. 3-3-2020 1"=25' VIRGINIA BEACH, VIRGINIA MARCH 3, 2020 ENO SUR\JCyo SEE SHEET 2 OF 2 FOR UNE & CURVE M S A P_C TABLES. ■■ri■■^■■ Envim unental sciences•Planning•Surveying ■■N■^■■ ■■1►vLI1■■ ■■ik VI1■■ ■■I kVii min Civil&Envimnmental Engineering•Landscape Arailt.0010111re Elm mu RE ■■u&i'.!AI■ EMU'!1l■ ■■■riho■ 5032 Rouse Dr.,Suite 100,Virginia Beach,VA 23462 ■■■nh,.'■ DWN BY: CJS ■■■/A,IIPA 757-490-9264(Ofc) ■■■��';�M■ JOB# 16235 CCG C9MC vvww msaonline com ••ESCJIM SHEET: 1 OF 2 SCALE: 1" = 25' VN :31VOS ■■C7■7■■ ■11C7■711■ Z JO Z :133HS ■■�`��■■ woa Du quo esw.wwtt ■■�,`�■■■ S£Z9l #901' (3;0)179Z6-066-LSL ■i■„/I■■■ Sf O :AB NM4 ■►741\■■■■ Z9h£Z VA`goeag e'" A`001 alms`IQ asnoJ Z£05 ■►�\I�■■ ■ni n��■■ ■i ;inu■ ■ri:146111■■ antaw.y� svtml•Suoaxidn3�¢1[rxwon+u3�8 limp ■r a►nu■ ■ni■\n■■ 'a'cn�anu,sSunne�a.sa s�euau,an'T ■■i!Awl.■ ■■'r■■r'■■ ■■'r■■r■■ - N flS GNb) ozoz '£ HOaVNI £ VINIOa1A 'HOV38 VINIOaIA OlOZ—£—0£Z 'oc 0'1'1 'S311a3dOad S3)101S 01 9 !a3H902Z T A3 133r HOV38 VINI08lA JO ,U.13 3H1 n 11021J S1N3113SV3 ONIMOHS 1181HX3 mod, — S O Alb rI 40 H.Lr3 ,80,44.96 M,S4 ,£l .L4S ,LL'Zl ,9S'6 ,S£'4l ,OS'9 ZO ,6z,SS.4L M,40 ,80 .zSS ,Z9'S4 ,4L'9Z ,40'64 ,os'L£ lO V1130 ONIdV38 (MHO 1N3ONV1 H1ON31 SnIOVa 3A8f3 318d1 3Nan0 ,OS'0l 3 .L 1,4Z.0 S 111 ,9Z'S4l M ,9Z,SI.SB S 0l1 ,9S'6l 3 ,ll,4Z.0 S 61 ,00'0Z 3 ,64,5£.68 N 91 ,ZO'L M ,LLi'Z.0 N Ll ,ll'SZ1 3 ,9l,Sl.S8 N 91 ,90'0l M .11,410 N Sl ,LZ'L M £o,L£.68 S 41 ,9S'£6 M ,64,5£.69 S £1 ,Z4.6£l 3 .64,S£.69 N Zl ,4Z'L£ M ,LL,4Z.0 N Li H1ON31 N01L032110 if` 3NI1 318V1 3N11 (Z Jo Z abed) 8 1I9IHX3 ANN P. STOKES LANDSCAPE ARCHITECTS 440 GRANBY STREET NORFOLK, VIRGINIA 23505 (TEL) 757.423.6550 (FAX) 757.423.6500 EXHIBIT C (Page 1 of 2) `__ COLUMBUS ST. ENCROACHMENT i ENCROACHMENTS AREA= 16,8 5F I - - 4,4-4In"--=_ I r= A 1- — " `Ailt s ' '‘H 7 ';''?(-- [ L. net j, R25=101/2•. 1 • -p L� ../. L-1 rii 'i_p_i a I I Li I I ehsy. 72 I 4111 mo► 7 II o it s I L-I " " , 44/ • - 5 III, -* 3 L—I l d7 I 4 Rq'-31/2' III 1/2 ', 1 • - !41 ' I 94'-3 1/2 / 7 ' (- - P A v — 5g CENTRAL PARK 1 1 J LAKE. is PUMP STATION i • 1 • 2 PROJECT NAME TIT-E E TOWN CENTER HAMPTON INN SITE ENCROACHMENTS 1 SCALE PROJECT NUMBER DATE I DRAWING I" = 30' 7702 1.30.2020 I Lsk_03 1 I 2 I 3 I 4 I 5 I 6 I 7 I 8 I 9 I 10 I 11 I 12 I 13 I __ __-__ ---- -. -- — — = LEGEND AND NOTES .3,Iw Cantau Nov ------------ -- ea ar Te wa • •e� ^o AMENITY ra)EFbpe mow...rwa.a'eb.•��g ego ' ^ o ;o." SPACE-539 SF/5 7% �M (r w'�mR-a+EEW agent t4a7keyturf)�IA , L�Lr ' , I I�r r �� 's raN. ri elm. 0 -:may — I:: <G G<_). ....)"G) \ / [�. .:: .. NIIIem.ordlr l,�Pl P•Wrr' �, \`I �e�; GG ,� T.pa.Ca ad. • I Allt''II tr.Nw Happy Rebore Campy) • ,,,) — o.. t "'r' yr RI N.t.aem.erle T.,mw 1 PLANT SUB.STMITIONS REOURE A � +i� RAMS NO �1—' ),g6 "°"� WRITTEN REQUEST FROM THE 1 (.4) .�.�1. r Nappy w.... R.N.,: ' w tar•)Now r.pr�rnow�+alp' PROPERTY OWNER,AND WRITTEN D/ .uro•Esta0,1,-.1. 111..vir,..„„ 1 �/ OW NwmrTn alr I. ea arenas' -r�w� .Rew.-,Ratmfm. TO 0 010:35 I I r pCM'u-G�1 • APPROVAL FROM THE CfiY Of �,.,� an+,EerCrammg.D1ly r4 emaew�a — VIRGINIA BEACH DEVELOPMENT aI - — — � SERVICES CENTER LANDSCAPE F H I • II■ ,/ IODI fl■'I'�,fAr H PROFESSIONALSi * I le*`�i�to� we �°L�® ��ii��it • • 0.A \�ri'�. la- : „.., ",..��.. LOCATION MAP ,A. ,•,.. 1■e�i�i 1i'` grirop11/1 Irk■ 1. ►�-0 Vi I��iI ilI r �VI-1 giie �.rrr .311 eNteed 1.Rea Crave' I� iI P`� $N ■ ° /`I J�- 5e o�l,y Ilimalz... NLNa.ar.me III �1.J, T• �a"14NR )ebb I „w ♦ F g •11\.- .,„....,a_. toRawmt • . / (.F(Orange a")1.eir Crege' — y IMP MULE FOR sFR w/REVISIONS ol�I.zol• X 1 A O I.— MI II Y /C/ e..w'r rma a REIDIE FTR sm V REV•ONe T11a01e(� II —�1 ��10 O (N LYCpe 94mta^cvrY^e^ewatyLLI 1 �0�� pokri � , ,■ ��O�e•Opp.--4'02.-0.. 919 02E-VrgrE s rtFNSE ra sPR w/RfNB•NS e.umlan (po �O O Opn or T RDssuE tort sPrt w/nm6 11s.mlej Ot t,p,0�_. " leCon= C>�. loied n0• ., Nslmr«a +I�pya REISSUE FOR srn w/NOTES ol.]I.z01e • i • O mm.w bwr/ I. : O:u�i)'i>'::001� nelwN Nypy r+.erm oqOEO'_::_"� AU°mope gigveeo EN.' > v O.00 JO I pl — 5 REISSUE FOR SPR w/NNOT5 01.31.201T I O Cron°00'10',;:— ; n NN u•w r•� a eba�a lir ,�' ol.u'oio- as Rome/Y N w�ba b.m• + 00 O O 00 �, fw.+rm.l era..) I'- G�000 ,.TOO` RIa.�P^s..Jl s RmsuE FOR sPR wMoIEs 1oaaaon e. •I"eOd O 1e..Or,D1''9� 3 REISSUE FOR SPR w/N016 o.112017 OD O 01,1 Orpo�i 00 O�� I iti D O� + tel p.wwlm..me• 00 `0' 00 00 nano .1 ,FT'O ] .' -0�.00 O 01),0.0 : ROAM FOR erR alN soy e.eaev ti Ny.elg.al .,osio tostaT Oa T• o o o �Oj 1 Jo ue �00 00A1010� (!O��,OYO.O� 0001 � "'DOOTO O; OyO-OO(Opp� 1 ISSUE FOR WE PIN,REVIEW aafaolT Fael 2mmsrtb N1gNo.0. ,� -I °e4 b�p No. ISSUE OATS t N c.bngwE:k aurtnv,ra xQi Faenter' ��oto O D I>=eal-r Reed eraFRl ��y•��, MP)wnrwdlr•WPY R..er.• `OIO'p•0 p000 0 il O J .y .o.,.o• rr.11a.NWpy ...I Ioo�ppo0o? p. / TOWN CENTERHAMP7ONINN "o; uy L ow ggae.o E 7e-ebN' loa0.f.•�' _ mw+relrreR vuepwu sPArx nei LrE>p.v§o+-a v--e ebN' (Evergr°`"elnR"a"v.rn l0.09-' glit . • (Evergreen • r i w.eyw.)...Evenrsen�` a (Si e.5m (Pi Rye lo&og kealEk4wJ . MN htrk/ •6 C k )Cabman...aWNbra Col Poor., rot 1tav wnlW Tkppy Rene' /_ N Gdoe ta./ b oruNbro Karl rowMer (. (Feather Reed erase) .Nappy Msgr..ogily) 0 RllRck-erase • (b)Cx w P'+Pep (Y Ekkq Igmg�m E.rary.en ♦ // �'�./ A SARCHITECTS KES 31, ()rRe1.-ca.rr�b)\ �.. .- ) n:� elve) ) / , LANDSCAPE yea Swat w..y.r iiii (e)An-a le Ster1 / wa'eE.vR ALwNR+wkaNe roTn.e ,U DRANRT STREET.NORFDU VIRCINIA•RUM I iL o - CmL®BBCHENC ONeeRCKRERSTE mn oNNF FARmn.wr Opou y.00000r O�o"OTOpid O'ODDODO r\ r....' O$00.° nno ''F.`... 0o n oJ p o o a e, is o.e.000Q 000 O_•.-[_Loa o i / 0::011 o�4Q:G. 'vI ,,. b. _ �oao�oo,, +�r�\��/�� if B �, gig ON k _ .4 PLANTING PLAN R 0OO11u .•- REM.Na DN p W f s roax •.raaT E 000� , _ `` n CAD FIN /ty+l+N.1 Up Taal 1✓a-•I'd ' =;, r �!�"rli D,.. L3.1 1 1 2 3 1 4 I 5 I 6 7 8 9 10 11 12 13 THIS INSTRUMENT PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (Alexander W. Stiles—VSB#41934) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C)(4) DEED OF EASEMENT THIS DEED OF EASEMENT is made this day of , 2020, by and between the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, (the "City") (to be indexed as "Grantor"), and STOKES PROPERTIES, L.L.C., a Virginia limited liability company, (the "Grantee") (to be indexed as "Grantee"). WITNESSETH: WHEREAS, the City is the owner of the real property located east of Market Street and south of Columbus Street,in Virginia Beach,Virginia,known as GPIN: 1477-54-1273 and GPIN: 1477-54-0223 (collectively, the "City Property"); WHEREAS, Grantee is the owner of the real property adjacent to the City Property located at 4571 Columbus Street, Virginia Beach, Virginia 23462, and known as GPIN: 1477-54-0273 (the "Grantee Property"); WHEREAS, the Grantee has submitted to the City's Planning Department, a Site Development Plan (DSC File #E07-005892-SP) (the "Site Plan") for the development of a hotel on the Grantee Property; WHEREAS, the Site Plan shall be in the form approved by the City and may include amendments and/or modifications as may be subsequently approved by the City; and GP1Ns: 1477-54-1273 1477-54-0223 1477-54-0273 1 WHEREAS, in conjunction with the development of the Grantee Property, the parties hereto desire to establish (i) variable width private ingress/egress easements to create the traffic flow preferred by the City, (ii) a variable width private terrace easement, and (iii) a 20' private drainage easement as shown on the Site Plan (collectively,the "Easements"). NOW,THEREFORE,for and in consideration of Ten Dollars($10.00),cash in hand paid, the receipt and sufficiency of which is hereby acknowledged, the City does hereby grant and convey the Easements to the Grantee, its agents, assigns and/or successors, in, under upon and across the -City Property, including the reasonable right of ingress and egress to the same, and more particularly described as follows: GPIN: 1477-54-0223 ALL THOSE certain easements, together with the improvements thereon, situate, lying and being in the City of Virginia Beach, Virginia, designated and described as "DENOTES PROPOSED VARIABLE WIDTH PRIVATE TERRACE EASEMENT 810 SFT./0.019 AC.)","DENOTES PROPOSED VARIABLE WIDTH PRIVATE INGRESS/EGRESS EASEMENT AREA 1 (103 SQ. FT. / 0.002 AC.)", and "DENOTES PROPOSED VARIABLE WIDTH PRIVATE INGRESS/EGRESS EASEMENT AREA 2 (320 SQ.FT./0.007 AC.)",as shown on that certain exhibit entitled: "EXHIBIT SHOWING EASEMENTS FROM THE CITY OF VIRGINIA BEACH TO STOKES PROPERTIES, LLC VIRGINIA BEACH, VIRGINIA", Scale: 1" = 20', dated _FEBRUARY 28, 2020, prepared by MSA, and attached hereto as Exhibit A. GPIN: 1477-54-1273 ALL THOSE certain easements, together with the improvements thereon, situate, lying and being in the City of Virginia Beach, Virginia, designated and described as"DENOTES PROPOSED 20' NONEXCLUSIVE PRIVATE DRAINAGE EASEMENT (2,911 SQ. FT. / 0.067 AC.)" and "DENOTES PROPOSED VARIABLE WIDTH NONEXCLUSIVE PRIVATE INGRESS/EGRESS EASEMENT(3,633 SQ. FT./0.083 AC.)", as shown on that certain exhibit entitled: "EXHIBIT SHOWING EASEMENTS FROM THE CITY OF VIRGINIA BEACH TO STOKES PROPERTIES, LLC VIRGINIA BEACH, VIRGINIA", Scale: 1" = 25', dated FEBRUARY 28, 2020, prepared by MSA, and attached hereto as Exhibit B. 2 The parties hereby further agree as follows: 1. The Grantee and its agents,assigns, and/or successors shall have the right to inspect the Easements and improvements thereon, and to cut and clean all undergrowth and remove other obstructions in and along the Easements or adjacent thereto that may in any way endanger or interfere with the proper use of same, and to make use of the adjacent property for ingress and egress and for other activities necessary for the construction, reconstruction, alteration, operation and maintenance of the Easements and improvements thereon. 2. The Grantor shall not be liable for any maintenance work whatsoever to the areas encompassed by the Easements and improvements thereon, and that the Grantee shall be responsible for all maintenance of the areas encompassed by the Easements and the improvements thereon. 3. The Grantee hereby agrees to assume all risks in connection with the use of the Easements and the improvements thereon, and shall be solely responsible for damage or injury, of whatever kind or nature, to person or property, arising out of or in connection with the use of the Easements and the improvements thereon by the Grantee and its agents, volunteers, employees, invitees and the general public, and Grantee hereby agrees to indemnify and hold harmless the Grantor from any and all claims, suits, losses, damages, or expenses, including reasonable attorney's fees, of whatever kind or nature, arising out of the use of the Easements and improvements thereon. 4. All improvements related to the Easements shall be constructed in accordance with the Site Plan, and the Grantee shall have the right to perform all of the demolition, grading, construction and other work reasonably shown on the Site Plan and reasonably required in 3 connection with the construction of the improvements to or on the Easements as shown on the Site Plan. 5. Grantee shall have the right to control access over the Easements and have exclusive use of the improvements within the Easements, except the general public shall have the right to lawfully use the sidewalks located within the Easements for pedestrian access to and from the City Property. 6. Grantor shall have the right to temporarily use or relocate the Easements, at Grantor's sole cost and expense but without paying compensation to Grantee, should such use or relocation be needed for a public purpose and so long as the use or relocation does not frustrate Grantee's enjoyment of the Easement (including, without limitation, direct and convenient vehicular access across City Property to/from Market Street and Grantee's Columbus Street entrance drive, with three parking spaces along such access lane). 7. Grantor agrees to allow the Grantee a temporary right of entry on and over the portions of the City Property immediately adjacent to the Easements as reasonably necessary for the construction of the improvements depicted on the Site Plan, including the construction of the building and other improvements on the City Property and the Grantee Property, subject to the reasonable restrictions and limitations imposed by the City. In connection therewith, Grantee may clear and grade, locate cranes, trucks, construction materials and other material and equipment thereon and do those things reasonably necessary to construct and maintain the improvements shown on the Site Plan in a good and workmanlike manner.Upon completion,Grantee shall restore the said lands, including re-seeding, as required by the Site Plan. 4 8. Grantor and Grantee hereby acknowledge certain other rights, terms, provisions, agreements and obligations of the parties contained in that certain Development Agreement dated , a copy of which is attached hereto as Exhibit C. 9. Each and all of the covenants, terms, provisions and agreements herein contained shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and assigns. [Signature pages to follow] 5 WITNESS the following signatures and seals: GRANTOR: CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia By: (SEAL) ATTEST: City Manager/Authorized Designee City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me by City Manager/Authorized Designee of the City Manager of the City of Virginia Beach, this day of , 20_ NOTARY PUBLIC My Commission Expires: My Registration Number: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me by City Clerk/Authorized Designee of the City Clerk of the City of Virginia Beach, this day of , 2020. NOTARY PUBLIC My Commission Expires: My Registration Number: APPROVED AS TO LEGAL APPROVED AS TO CONTENT: SUFFICIENCY AND FORM: DEPARTMENT OF PUBLIC WORKS CITY ATTORNEY 6 GRANTEE: STOKES PROPERTIES, L.L.C., a Virginia limited liability company By: (SEAL) J. Randolph Stokes, its Manager STATE OF VIRGINIA CITY OF NORFOLK,to-wit: The foregoing instrument was acknowledged before me day of 2019 by J. Randolph Stokes as Manager of Stokes Properties, L.L.C. Notary Public My commission expires: My notary number: 84111116... 7 PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE(BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-8 1 1(C)(4) ENCROACHMENT AGREEMENT THIS AGREEMENT made this day of , 2019,by and between the CITY OF VIRGINIA BEACH,a municipal corporation of the Commonwealth of Virginia,Grantor,"City", and STOKES PROPERTIES, L.L.C., a Virginia limited liability company, "Grantee". WITNESSETH: WHEREAS, the City is the owner of the real property located east of Market Street and south of Columbus Street, in Virginia Beach, Virginia, known as GPIN 1477-54-1273 and GPIN 1477-54-0223 (collectively, the"City Property"); WHEREAS,Grantee is the owner of the real property adjacent to the City Property located at 4571 Columbus Street, Virginia Beach,Virginia 23462 and known as GPIN 1477-54-0273 (the "Grantee Property"); WHEREAS, Grantee intends to develop the Grantee Property in accordance with Site Development Plan entitled "Site Plan For Town Center Hampton Inn, Virginia Beach, Virginia DSC File#E07-005892-SP" ("Site Plan"); WHEREAS, Grantee proposes to install, construct and maintain, on a portion of the City Property adjacent to the Grantee Property in the locations shown and described as "ENCROACHMENTS" on Exhibit A(the "Encroachment Area"), certain improvements to include a park bench, plants and landscaping ("Temporary Encroachments"), as depicted and described on the Site Plan; and GPINs: 1477-54-1273 & 1477-54-0223 (City Property) GPIN: 1477-54-0273 (Grantee Property) 1 WHEREAS, the Grantee has requested that the City permit the Temporary Encroachments within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar($1.00), cash in hand paid to the City,receipt of which is hereby acknowledged,the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachments, and in connection therewith to remove the paving, grass, trees and other vegetation located on the City Property as shown on the Site Plan. It is expressly understood and agreed that the Temporary Encroachments will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approvals as shown in the Site Plan, and more particularly shown and described on Exhibit A. It is further expressly understood and agreed that the Temporary Encroachments herein authorized terminate upon notice by the City to the Grantee, and that within thirty(30)days after such notice is given, the Temporary Encroachments shall 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 City,upon revocation of the authority and permission so granted herein,may remove the Temporary Encroachments and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachments; and if such removal shall not be made within the time ordered hereinabove by this Agreement, 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 the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is 2 allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. It is further expressly understood and agreed that nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachments from the Encroachment Area in the event of an emergency or public necessity,and the Grantee shall 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, if it is necessary for the City to file or defend an action arising out of the construction, location or existence of the Temporary Encroachments. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority granted to the Grantee for the maintenance or construction of any encroachment other than as 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 and its representatives. Notwithstanding the foregoing, it is the intention of the parties that the Grantee shall have the right to perform and complete all of the work shown on the Site Plan, and it is expressly understood that the Grantee shall have the right to demolish and remove trees, shrubs, undergrowth, paving and other improvements located on the City's Property as shown on the Site Plan, to cut, fill and grade on the City's Property as shown on the Site Plan and to perform all of the work and install all of the improvements as shown on the Site Plan. It is further expressly understood and agreed that the Grantee shall maintain the Temporary Encroachments in a commercially reasonable condition and so as not to become unsightly or a hazard. 3 It is further expressly understood and agreed that the Grantee agrees that no open cut of the public roadway will be allowed except under extreme circumstances. Requests for exceptions must be submitted to the Highway Operations Division of the Department of Public Works, for final approval. It is further expressly understood and agreed that the Grantee must obtain a permit from the Civil Inspections Division of the Department of Planning prior to commencing any construction within the Encroachment Area(the "Permit"). It is further expressly understood that any existing encroachments referenced in the Site Plan, Exhibit A or this Agreement are the ongoing maintenance obligation of the Grantee and the City disclaims any ownership interest or maintenance obligation of such encroachments. It is further expressly understood and agreed that prior to issuance of a right-of-way/utility easement Permit, the Grantee must post a bond or other security, in the amount of two times their engineer's cost estimate, to the Department of Planning to guard against damage to City property or facilities during construction It is further expressly understood and agreed that the Grantee shall obtain and keep in effect liability insurance,with the City as a named insured,in an amount not less than Five Hundred Thousand Dollars ($500,000.00), per person injured and property damage per incident, combined, with the City listed as an additional insured. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty(30)days' written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities,vested or contingent,related to the construction,location,and/or existence of the Temporary Encroachments. It is further expressly understood and agreed that the Grantee must submit for review and approval, a survey of the Encroachment Area, certified by a registered professional engineer or a 4 licensed land surveyor, and/or "as built" plans of the Temporary Encroachment sealed by a registered professional engineer, if required by either the Department of Public Works City Engineer's Office or the Engineering Division of the Department of Public Utilities. IN WITNESS WHEREOF,Stokes Properties,L.L.C.,a Virginia limited liability company,has caused this Agreement to be executed by its signature, and, further, 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. [Signature pages to follow] emu' u 5 CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia By: (SEAL) City Manager/Authorized Designee STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of ,2019, 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. Notary Public Notary Registration Number: My Commission Expires: 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 ,2019, by , CITY CLERIC/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH,VIRGINIA,on its behalf. He/she is personally known to me. Notary Public Notary Registration Number: My Commission Expires: APPROVED AS TO CONTENT APPROVED AS TO FORM DEPARTMENT OF PUBLIC WORKS CITY ATTORNEY 6 STOKES PROPERTIES,L.L.C., a Virginia limited liability company By: (SEAL) Printed Name: J. Randolph Stokes Its: Manager STATE OF VIRGINIA CITY OF ,to-wit: The foregoing instrument was acknowledged before me this day of ,2019, by J.Randolph Stokes,Manager of Stokes Properties,L.L.C.,a Virginia limited liability company who is personally known to me. Notary Public Notary Registration Number: My Commission Expires: 7 1 n'C�pp yip - + 1 x \ .1f P.1,4 q Q. LOCATION MAP 4558-4556 :Iw 453 2-4554 COLUMBUSSI 4Q6R._. -- -._._ _._-. Sei7LU11B116 BT �0.4598 ' Owner: City of Virginia Beach (GPIN:1477-54-0223) — 4599-4533 .—_ 467s-+ COL UMBUS S 1 /.1 77 i ' I. Owner: Stokes Properties,LLC _ (GPIN:1477-54-0273) ai w. 4571 COLUMBUS ST 4571 I 1 'i Owner: City of Virginia Beach 100 MARKET ST (GPIN:1477-54-1273) 100 II r ___ $, ., _—,_: — _____,_ Abandoned Railroad Virginia Beach APPLICANT'S NAME Stokes Properties, L.L.C. DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board • The disclosures contained in this form are necessary to inform Public officials who may vote on the application as to whether they have a conflict of interest under Virginia law, SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two (2)weeks prior to any Page 1 of 7 Planning Commission and City Council meeting that pertains to the application(s). El APPLICANT NOTIFIED OF HEARING DATE: NO CHANGES AS OF DATE: .3,6/90 REVISIONS SUBMITTED DATE: C."y OJ Virginia Beach u Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Imo) Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: Stokes Properties, L.L.C. If an LLC, list all member's names: J. Randolph Stokes, sole member and manager If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) None. See next page for information pertaining to footnotes and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. u Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. n Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name: If an LLC, list the member's names: Page 2 of 7 City n! Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Ciy�r APPLICANT Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) Accounting and/or preparer of Wall, Einhorn & Chernitzer, P.C. your tax return nArchitect / Landscape Architect / Ann P. Stokes Landscape Architects Land Planner _ Contract Purchaser (if other than the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed Town Center Hotel, LLC: owned by n purchaser of the subject property Stokes Properties, LLC (landowner) /� I I (identify purchaser(s) and and TC Hotel, LLC (Shamin Hotels) purchaser's service providers) Construction Contractors Engineers / Surveyors/ Agents MSA, P.C. Financing (include current Towne Bank (being considered) x mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) x n Legal Services Stokes Law Group/Sykes Bourdon Real Estate Brokers / n Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 (Ng of Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. J. Randolph Stokes, as Manager 02/10/2020 JRStok4::� e�1�:�� of Stokes Properties, L.L.C. APPLICANT'S SIGNATURE PRINT NAME DATE Page 5 of 7 a` OWNER ury Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) Accounting and/or preparer of Wall, Einhorn & Chernitzer, P.C. your tax return X n Architect / Landscape Architect / Ann P. Stokes Landscape Architects Land Planner Contract Purchaser (if other than I^ the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed Town Center Hotel, LLC: owned by purchaser of the subject property Stokes Properties, LLC (landowner) /k (identify purchaser(s) and and TC Hotel, LLC (Shamin Hotels) purchaser's service providers) X Construction Contractors II Engineers / Surveyors/ Agents MSA, P.C. Financing (include current Towne Bank (being considered) mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) X n Legal Services Stokes Law Group/Sykes Bourdon Real Estate Brokers / n Agents/Realtors for current and I I anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 _ - .\/13 - Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. J. Randolph Stokes, as Manager of Stokes Properties, L.L.C. 02/10/2020 JRStokes(Fe , PROPERTY OWNER'S SIGNATURE PRINT NAME DATE Page 7 of 7 [ 0;:ii%. .,,,,,i..r.z....}71 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution to Grant Permits Allowing Certain Emergency Medical Services Agencies to Operate in the City of Virginia Beach MEETING DATE: June 2, 2020 • Background: City Code Section 10.5-2 requires any organization that operates an emergency medical services agency or any emergency medical services vehicle within the City to obtain a permit from City Council. New permits are valid until June 30 of the following calendar year. After the initial year, such permits must be renewed by City Council biannually. • Considerations: The following renewal applications have been received and evaluated by the Department of Emergency Medical Services (EMS) for the operation of basic and advanced life support agencies, and EMS recommends renewal of each of them: American Lifeline Medical Transport, Inc.; American Medical Response Mid- Atlantic, Inc.; Cardinal Ambulance Services, Inc.; Children's Hospital of the King's Daughters; Delta Medical Transport, Inc.; Endurance Medical Transport, LLC; LifeCare Medical Transports, Inc.; Medical Transport, LLC; Nightingale Regional Air Ambulance, Inc.; Reliance Medical Transport, LLC; Robbie's Ambulance Service, Inc.; Special Event Providers of Emergency Medicine, Inc.; and Tidewater Medical Transport, Inc. No new applications were received by EMS this year. • Public Information: Public information will be handled through the normal Council agenda process. • Attachments: Resolution and Disclosure Statement Forms Recommended Action: Adoption Submitting Department/Agency: Department of Emergency Medical Services City Manager: I ` 17 A RESOLUTION TO GRANT PERMITS ALLOWING CERTAIN 2 EMERGENCY MEDICAL SERVICES AGENCIES TO 3 OPERATE IN THE CITY OF VIRGINIA BEACH 4 5 WHEREAS, pursuant to City Code Section 10.5-2,any organization that operates an 6 emergency medical services agency or any emergency medical services vehicle within the 7 City must first obtain a permit from City Council, and such permits must be renewed on a 8 biannual basis; and 9 10 WHEREAS, applications for permit renewals have been received from the following 11 agencies: American Lifeline Medical Transport, Inc.; American Medical Response Mid- 12 Atlantic, Inc.; Cardinal Ambulance Services, Inc.; Children's Hospital of the King's 13 Daughters; Delta Medical Transport, Inc.; Endurance Medical Transport, LLC; LifeCare 14 Medical Transports, Inc.; Medical Transport, LLC; Nightingale Regional Air Ambulance, 15 Inc.; Reliance Medical Transport, LLC; Robbie's Ambulance Service, Inc.; Special Event 16 Providers of Emergency Medicine, Inc.; and Tidewater Medical Transport, Inc.; and 17 18 WHEREAS, the above-listed private ambulance agencies perform services not 19 provided by the City's volunteer rescue squads, such as non-emergency inter-facility 20 transports, which include both basic and advance life support calls. 21 22 NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF 23 VIRGINIA BEACH; 24 25 1. That the City Council hereby grants renewed permits to the following agencies: 26 American Lifeline Medical Transport, Inc.; American Medical Response Mid- 27 Atlantic, Inc.; Cardinal Ambulance Services, Inc.; Children's Hospital of the 28 King's Daughters; Delta Medical Transport, Inc.; Endurance Medical Transport, 29 LLC; LifeCare Medical Transports, Inc.; Medical Transport, LLC; Nightingale 30 Regional Air Ambulance, Inc.; Reliance Medical Transport, LLC; Robbie's 31 Ambulance Service, Inc.; Special Event Providers of Emergency Medicine, Inc.; 32 and Tidewater Medical Transport, Inc. 33 34 2. That these permits shall be effective from July 1, 2020 to June 30, 2022; and 35 36 This ordinance goes into effect July 1, 2020. Adopted by the City Council of the City of Virginia Beach,Virginia, on this day of . 2020. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: • Emergency Medical Services City Attorneys Office CA15072 R-2 May 20,2020 111 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 LANIN9-11\ LCPint iNh5t,Ork arC., indicate if you receive any of the following services, and If so,from whom: YE NO SERVICE PROVIDER(use adattivnal shoats It S needed) Accounting and/or preparation of tax Lsbiit-r S kr-IM.,41VirS returns Financial Services(include bank - institutions,lending institutions,and SankileNtrt.WM1. current mortgage holders as applicable) Legal Services mmommimig CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true,and accurate_ I understand I am responsible for updating the information provided herein if it changes prior to the Cou cil action upon this Application. X (� APPLICANT'S SIGNATURE cdttrn'ari s-- PRINT NAME DATE 1•NIA.'rrL4:!•.UrPmror.\EIF�N6:an01=stHi19rfAMOLC0 rll\y M11.¢. fg9:MFJn iWren:fN@1NR1o\1u:dW Irsuim-e Ar .eV*R.Ieteawu am lbigu.an I.0.ilGyamr.MElire115 Adwar CMtfiw-1nY U.....17. iUP:L.4 1if1401r M4N.dINtteV:ewk..:ra:.W 1.*..146...**,fln:V.tne�Vhr1... •ravt.ps 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: American Medical Response Mid Atlantic, Inc Indicate if you receive any of the following services, and if so, from whom: YES NO SERVICE PROVIDER (use additional sheets if needed) Accounting and/or preparation of X tax returns AMR Hold, Inc Financial Services (include bank X institutions, lending institutions, AMR gold, Inc and current mortgage holders as applicable) X Legal Services AMR Hold, Inc CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand I am responsible for updating the information provided herein if it changes prior to the Council action upon this Application. APPLICANT'S SIGNATURE Terry Davenport 5. 15. 2020 PRINT NAME DATE wdogovzorrorsioepart.tswrleasnay,\000arw•svavRoeess-AREAuvrPueaz.REEN rmvas fsmsuppierVowyarmored•emsAems•dudanneitatementdoac • UYb9ov.wmtdtsilDepartmenl5\Ei451,515 Ad min\000{t4hII-SYC•PROCESS-AREASUPPUIEK•a4CEINE14 44AN7ACEMENTWpA VoceNyyetrated•emArarkK<sdowrcstatement-(Wk.pdr 111 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: Cardinal Ambulance Services, Inc. indicate if you receive any of the following services, and if so, from whom: YES NO SERVICE PROVIDER (use additional sheets if needed) X Accounting and/or preparation of tax returns Financial Services (include bank institutions, lending institutions, Wells Fargo and current mortgage holders as applicable) x Legal Services Theodore Galandies Esq. CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand I am responsible for updating the information provided herein if it changes prior he Council action upon this Application. X • APPLICAN 'S SIGNATURE May 5 2020 Valerie S. Deloach PRINT NAME DATE ,,,,b9.cap wsiWeLzrtmvra.w4S\Es Adm;n\WA-om.svc•PJCS-AREA1S1PP'.IER-AGRESvw,tuC:A.N-5,•T\svpo6erVkdMem�ded p -em5,ens-de-semi-s :en m trtLb�z 11 tg,, rAdfs1lDe�rtmeels'�Et AmS Acknri 5-0,1•11SYC-PROCESSAREAMPFLIK-AGIEMENT-HAN0.GEMENi•SWPta\ N•p tled-ernS +s-Osdxure-Grata r.—ACbk.o9: 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: Children's Hospital of The King's Daughters Transport Indicate if you receive any of the following services, and if so, from whom; YES NO SERVICE PROVIDER (use additional sheets if needed) X Accounting and/or preparation of tax returns Financial Services (include bank X institutions, lending institutions, and current mortgage holders as applicable) X Legal Services CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand I am responsible for updating the information provided herein if it changes prior to the Council action upon this Application. X awe . APPLICANT'S SIGNATURE r-en K . M i-f-c1h e.11 05 ICI 12402z) PRINT NAME DATE 1lvbpov.mmldtsal0oartrnerts1E1451EMS Aamin10C6041414v-FROC65•AREAISINPUER-AGREEMEM11ANAGEKENTru7P V��"Dttml td-ern 1e -decl sumruatemeotaao 11vbgm omlacco,Dera.tmerts ms\EMS WiNn1000.0 11.SYC•AHCY335•AREAISUPPLEER-AGRWIENi4WIAGEMBfrtsuppleribaW-PemiKed-err6 a^u4'adosurostMm+en;^l�atae.par 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: De.14-a Ott, t c.A1 -77-0,tap0,-}j �,.► . Indicate if you receive any of the following services, and if so, from whom: SNO] SERVICE PROVIDER (use additional sheets if I needeAccounting and/or preparation of tax returns4A-1/ Xi•tfrp,,,--04pfsvi Financial Services(include bank institutions, lending institutions, and 44//. /+f 0 &) current mortgage holders as . applicable) Sim 4-vs,L Legal Services 4 CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand I am responsible for updating the information provided herein if it changes prior to the Council action upon this Application. X APPLICAN SI S&veJ er z ,1 o o PRINT NAME . f DA ,,bgw L^ft:,3a0annents%41S\e.$Porn,,O4 -CY1.1-SVC-M1.7C:55-A0.EALS:,....iE0.•N'•RE:M@NT•KNI.C_;.r..tSuPP:CNcCAN,7C'^gheC 4'r.:kmc-d.s6 We-stlleTt-^Seaot M.b1,0v +1 et:',IYPY.n•enSEs'S,Et•5 Apm n\coo.CNI+I-SVC•DRC{ES:wSeAvw P',IE3.1'3AEEWEYT•Mar:�SMETerzu7pC\VCNiY-W-T,Aed•er,slems-dXkKJrPSAtM,e^f-3a71e pef 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: Encinranoe Medical cad Transport LLC Indicate if you receive any of the following services, and if soy from whom: YES I NO SERVICE CE --- I PROVIDER (use additional sheets if needed) x Accounting and/or preparation of tax returns Financial Services(include bank x institutions, tending institutions. Navy Federal Credit and current mortgage holders as union applicable) x Legal Services 'CERTIFICATION: IFICATIOA 1 certify that all of the information contained in this Disclosure Statement Form is �. complete, true, and accurate. I understand I am responsible for updating the information provided herein if it changes prior to the Council action upon this Application. X APPLICANT'S GNATt1RC April 30,2020 'Elisabeth Cantu PRINT NAME DATE fir 7 l'_% 1-•-t'1:.-1 S • 11,7 ^•.fYRT^.•,.ce;::�.ti.,"L St .J::iS:+.t;:::3Yu't7: sc-::t,-.yZa. . x,:y_?.: _.4n.. : •-ow.•�:.:;rr-:xi- ;cr �t�. � r;. i�7 rnir.�c:._.:.�X�-� �->., .1<11H_<-w:15.? .._ qN1 DISCLOSURE STATEMENT FORM 4 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: LifeCare Medical Transports, Inc. Indicate if you receive any of the following services, and if so, from whom: YES NO SERVICE PROVIDER (use additional sheets if needed) PB MARES X Accounting and/or preparation of PO BOX 1226 tax returns HARRISONBURG, VA 22803 Financial Services (include bank X institutions, lending institutions, ATLANTIC UNION BANK and current mortgage holders as applicable) DURRETTE BRADSHAW X Legal Services 1111 E. MAIN STREET 16 FLOOR RICHMOND, VA 23219 CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand I am responsible for updating the information provided herein if it changes prior to the Council action upon this Application. Tasha Digitally signed by Tasha Browne X Browne Date:2020.05.05 16:24:A1-0400' APPLICANT'S SIGNATURE Tasha S . Browne 5. 5. 2020 PRINT NAME DATE \vOW.corn1o1$1 cpartntenta\CMS\EMS/dmh\00-QdhiI-SVC-PROCESS-AHLA\SUPPLIER•AGRLFi to.t-IAWAG[F•.EN,,,supplkr\loWIl,-auto W,d-uni!`entsglz lume,talenkaLtlua \\vb0ov.corn\e157\Department:\El•151`-h;S AEmIrAi100.C V'1-5K-PROCESs-AREA 5UPPI IER-A6REEMENSh1•1N1AGEKE:'ikupplief'71o:.nlli'•llprRillltb-inlf\u115•l3_closule-stet@ntenl..rDI bIu.pCl 141 DISCLOSURE STATEMENT FORM 4 The Virginia Beach City Council requires you to declare your relationships to certain service providers and financial institutions so that it can determine If any City Council members have conflicts of interest in the application you are bringing before them. Organization name: Medical Transport LLC indicate if you receive any of the following services, and if so, from whom: YES NO I SERVICE PROVIDER (use additional sheets if needed) Provided by and/ or X Accounting and/or preparation of arranged by Sentara tax returns Healthcare Corporate Finance Dept. Financial Services (include bank X institutions, lending institutions, Suntrust Bank and current mortgage holders as applicable) X Legal Services Sentare Healthcare Corporate Legal Dept. CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand I am responsible for updating the information provided herein if it changes prior to the Council action upon this Application. X APPLICerSIGNATUR April 30, 2020 Tanya Dunavant PRINT NAME DATE fi"11,7:T!1}:;051UY.'¢.'1RMrUw i}I1.Sl.CCL':jIw`li]:N!:I$'I(.P(y,CS}' IvCof:ii.'.'(7!!{:!t•:::1:J'I111X,`!F('�'1TM:i`1 RI':w„e,r!S�.JT ru:CI fIUh'A �t.y'vl-�d!!SIUY`f�'1et`l•:::�MiIL liS klmkr.CKel-f411 fw.%:F(IrPUt i(IC l'.11Ln1•0,Jr.A 1rnaI;tniAV.raval:f i1:f.T.T.�enw,rms:.d I:('Su:(1:Ir.!'1.0=7-17".:1 11111 11 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: ! Sentare Healthcare/Nightingale Regional Air Ambulance Indicate if you receive any of the following services, and if so, from whom: YES NO SERVICE PROVIDER(use additional sheets if I [ Tax return is prepared ' by our internal Accounting and/or preparation of accounting department.x ( Reimbursement tax returns ( consulting services are performed by Dixon ( Hughes Goodman LLC. Sun Trust Bank, TD Bank, Wells Fargo Bank, Bank of America/Merrill Financial Services (include bank Lynch, JP Morgan Chase, k institutions, lending institutions, US Bank, Barclays, and current mortgage holders as Citibank, .Goldman Sachs, applicable) i TowneBank, Old Point Bank, First Citizens Bank. Willcox and Savage PC; William Mullen Clark & Dobbin; Patten Wornum, '• Hatten and Diamonstein; j x Legal Services ; McGuire Woods; Kaufman land Conoles; LeClair ' Ryan; Poole Mahoney; Wolcott, Rivers, Gates, Serrateli, Mijal i>,7•y.SJlf.11:i!'..�.1`94:.?Yti L•`F.�V'-+:N.�. -.�4,'. ny\.,.i...a`•?.LSi:•L.j17i"?7[!I�.i•.rl`1Vr_'•h-M_`�1+_K'E•'.ri 1L'i'..�I.F.l:•B'>.::+'^Sd'4C IxJ�S.T.?ow.,:iw '•::;,p.'.,!:.'11:Ile. !,,V�'. _M:%Ar:�•a',:1."."d'.•-..cal i;';::....ki,i'_�':✓•_`.�:-"i':i'.?'�e� .v� Yr%:;m:r!rkl.f.. i^..!':i..:.SN-4:3I8*•'a'�... .t,.... DocuSign Envelope ID:C0B49526-CA27-4C1F-990E-F176963CC10F DISCLOSURE STATEMENT FORM 4 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: Reliance Medical Transport Indicate if you receive any of the following services, and if so, from whom: YES NO SERVICE PROVIDER (use additional sheets if needed) X Accounting and/or preparation of Jamie Eckard tax returns Financial Services (include bank Navy Federal Credit Union institutions, lending institutions, and current mortgage holders as applicable) X Legal Services Pierce Mccoy CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand I am responsible for updating the information provided herein if it changes prior to the Council action upon this Application. �--DocuSigned by: x Opt4iort• APPLICANT'S SIGNAuEL FAC7441 CBF6D4C6 Jason Grimes 4/28/2020 PRINT NAME DATE {{1'fCOV.G:nI\ch l{OOParUlltntsW.MS{E KS Mmnl{OJ7-OdMl-NC•PROCISSARFA{SUPDLIR-AGREEMEY.7•MAN,,GEl�CtirwuppyfrlW:nlly-y er mr ted-em5{ener-JlsUwi re-staleauenulux {{vbrrn•-co:ll{tlrcl{Departments`,EI.S{Eh5 ACmin{OJO{K.11•NC•PROCESS-AREAtSUPPLIER-AGREEMENT-MAWAGEMENTSupPGer{IoctJlyy>°rmtieU+±ms{ems-flsc cture-slatcaoenl—ttlable.pcf 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: ROBBIE'S AMBULANCE SERVICE Indicate if you receive any of the following services, and if so, from whom: YES NO SERVICE PROVIDER (use additional sheets if needed) X Accounting and/or preparation of ONEAL TAX SERVICE, tax returns INC. Financial Services (include bank institutions, lending institutions, WELLS FARGO and current mortgage holders as applicable) Legal Services CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand I am responsible for updating the information provided herein if it changes prior to the Council action upon this Application. � 1 APPLI 'S SIGNA/RE JEN FER V.rLLANUEVA 5/7/2020 PRINT NAME DATE u;r..Ar Lk:.L*C,rr. UN.1.t::J?.'.F:3:2iPOIq-WEIP2tt.M:.'.L�.t7i::Tput�.:ds.:leer.the/rM'.cn•.�•r.rv.•s.t+M.C:r� •..1%4—c•..r, .•3'CeVrtr.:.41k:1-tr.1 son•X.:•�:tn:•SW:-4=24 [!a:4,7rL'[r ;'ri'v {.:'M,O..^.:wrtl DISCLOSURE STATEMENT FORM 4 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: Special Event Providers of Emergency Medicine, Inc. Indicate if you receive any of the following services, and if so, from whom: YES NO SERVICE PROVIDER(use additional sheets if needed) Accounting and/or preparation of tax returns Financial Services (include bank institutions, lending institutions, and current mortgage holders as applicable) Legal Services I CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand I am responsible for updating the information provided herein if it changes prior to the Council action upon this Application. X APPLICANT'S SIGNATURE 05-01-2020 Tom Martin PRINT NAME DATE ''`:rc••._nfdtl'-:u.e;x:':^>:eT'".G;y,:^wr._�vM�.5'.:^RfL:L:S�RFAS:w:4 . .:I9 i-'ri::il•E`:�:T..:y.l^.Rtrr:ltree:nXtnC-P?herrr--F:f'^r�.tlN r.,..5: }.Cc:F.4;Ll..Y.:d:n:.�•<,R rk[«^.rr,•.C:CtN+:.M.c%4:FT_`•FF+`r.tilk-:�r4,.;1•%L^�EKT.:+u` Dert,A.cravrlit;Jil, _ -:Cl"di.L'aati'..�!R•.y�z S.-err:nta.r<n•�cl�:�ajt DISCLOSURE STATEMENT FORM • The completion and submission of this form is required for all applications wherein such applicant may utilize certain service providers or financial institutions, and the City seeks to know of the existence of such relationships in advance of any vote upon such application. Organization name: Tidewater Medical Transport, Inc Are any of the following services being provided in connection with the applicant? If the answer to any item is YES, please identify the firm or individual providing the service: YES NO SERVICE PROVIDER (use additional sheets if needed) Accounting and/or preparer of V your tax return Financial Services (include lending/banking institutions and current mortgage holders as applicable) ✓ Legal Services CERTIFICATION: a4 f certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand I am responsible for updating the information provided herein if it changes prior to the Council action upon this Application. X a�a��Ct1✓n APPLICANT'S SIGNATURE Barbara Smith 05 / 02 / 2020 PRINT NAME DATE \P'gg,v.conhtift1'LuMnm,11,E1,51EIti/omil SVC-FIIJQ SS-%.fiW$7PPLIkR-I.GFL1.1CNTiti.YfAiEFIEN I,u ppti0 tjac.J1 pvnxtioa-0 mun.cIe;hewrcmemenLdoc: 11vb;nv.r nvah1\Dew,nnmLIEFLS;EFz Mwh TYWLI 11-SVC-P:OCT 55-APLJASUPPLIER-AREELIETlT•NIJUGEFIFIGf•uprIkl:VC.Carl',WL.6,^Elax-66(1mcicedp:emenf•-ff14Dk_Pd: K. PLANNING 1. BISHARD FAMILY REAL ESTATE, LLC for a Variance to Section 4.1(j) of the Subdivision Regulations re subdivide the existing parcel into three (3) lots at 312 Gatewood Avenue DISTRICT 6—BEACH (Deferred from February 18,2020) RECOMMENDATION: STAFF—DENIAL PLANNING COMMISSION—APPROVAL 2. MARTIN & JUNE KERNUTT/THE KERNUTT FAMILY REVOCABLE LIVING TRUST for a Variance to Section 4.4(b) of the Subdivision Regulations re properly record plat for existing single-family dwelling at 1413 Mill Landing Road DISTRICT 7— PRINCESS ANNE RECOMMENDATION: APPROVAL 3. FRANKLIN JOHNSTON GROUP MANAGEMENT & DEVELOPMENT,LLC/ SECURITY STORAGE & VAN COMPANY OF NORFOLK,VIRGINIA,INC. for a Conditional Change of Zoning from I-1 Industrial to Conditional A-36 Apartment re develop up to 160 multi-family units at 4545 South Boulevard DISTRICT 3-ROSE HALL (Deferred from February 18, 2020) RECOMMENDATION: APPROVAL 4. JUDEO-CHRISTIAN OUTREACH CENTER, INC for a Conditional Use Permit re single room occupancy facility and a Modification of Conditions re group home at 1049 & 1053 Virginia Beach Boulevard DISTRICT 6—BEACH(Rescheduled from March 17, 2020) RECOMMENDATION: APPROVAL 5. KODU,LLC & OCEAN PROPERTIES,LLC for a Modification of Conditions re motor vehicles sales at 1159 & 1165 Lynnhaven Parkway DISTRICT 3 —ROSE HALL (Rescheduled from March 17, 2020) RECOMMENDATION: APPROVAL 6. JUSTIN MILEY/JUSTIN & MARGARET MILEY and CHRISTINE KOMMNICK for a Conditional Use Permit re residential kennel at 3253 Hungarian Road DISTRICT 7—PRINCESS ANNE RECOMMENDATION: APPROVAL 7. SUZANNE NICOLE RUPP /TRAVIS CHESTER RUPP for a Conditional Use Permit re home-based wildlife rehabilitation facility at 1916 Kempsville Crossing Lane DISTRICT 1 —CENTERVILLE (Rescheduled from March 17, 2020) APPLICANT REQUESTS WITHDRAWAL RECOMMENDATION: APPROVAL 8. Ordinance to ADOPT and INCORPORATE into the Virginia Beach Comprehensive Plan the Virginia Beach Resort Area Strategic Action Plan 2030 and AMEND Sections 1.1 and 1.2 re Resort Strategic Growth Area, as amended on pages 41 and 42 (Rescheduled from March 17, 2020) RECOMMENDATION: APPROVAL u,„,,,, gam` ,„ , --F/;J'f NOTICE OF PUBLIC HEARING The regular meeting of the City Council of the City of Virginia Beach will be held in the Council Chamber of the City Hall Building,Municipal Center,Virginia Beach,Virginia.on Tuesday,June 2,2020 at 6:00 p.m.,at which time the following applications will be heard: Judeo-Christian Outreach Center,Inc.[Applicant&Owner]Conditional Use Permit(Single-Use Occupancy Facility)Modification of Conditions (Group Home) 1049& 1053 Virginia Beach Boulevard(GPINs 2417652620&2417653527)COUNCIL DISTRICT-BEACH CITY OF VIRGINIA BEACH -An Ordinance to Adopt and Incorporate into the Virginia Beach Comprehensive Plan the Virginia Beach Resort Area Strategic Action Plan 2030 which will supersede the Virginia Beach Resort Area Strategic Action Plan 2008 and to Amend Sections 1.1(Planning Areas Planned Land Use Map),1.2(Urban Areas)Strategic Growth Area Locator Map,and text pertaining to the Resort Strategic Growth Area Bishard Family Real Estate,LLC[Applicant&Owner]Subdivision Variance(Section 4.10)of the Subdivision Regulations) Northeast corner of Gatewood Avenue & Paris Street (GPIN 2407017508)COUNCIL DISTRICT-BEACH Franklin Johnston Group Management&Development,LLC[Applicant]Security Storage&Van Company of Norfolk,Virginia,Inc.[Owner]Conditional Rezoning(I-1 Light Industrial District to Conditional A-36 Apartment District)4545 South Boulevard(GPIN 14 7 7 517 149) COUNCIL DISTRICT-ROSE HALL KODU,LLC&Ocean Properties,LLC[Applicants&Owners]Modification of Conditions(Motor Vehicle Sales) 1159 & 1165 Lynnhaven Parkway (GPINs 1486909582, 1486909622, & 1486909402)COUNCIL DISTRICT-ROSE HALL Justin Miley[Applicant]Justin&Margaret Miley and Christine Kommnick[Owners]Conditional Use Permit(Residential Kennel)3253 Hungarian Road(GPIN 1388448273)COUNCIL DISTRICT -PRINCESS ANNE Suzanne Nicole Rupp[Applicant]Travis Chester Rupp[Owner]Conditional Use Permit(Home- Based Wildlife Rehabilitation Facility) 1916 Kempsville Crossing Lane(GPIN 1455900129) COUNCIL DISTRICT-CENTERVILLE Martin & June Kernutt [Applicants] The Kernutt Family Revocable Living Trust [Owner] Subdivision Variance(Section 4.4(b)of the Subdivision Regulations)1413 Mill Landing Road (GPIN 2410710083)COUNCIL DISTRICT-PRINCESS ANNE Copies of the proposed ordinances, resolutions and amendments are on file and may be examined in the Department of Planning or online at htto://www.vbgov.com/oc.For information call 385-4621. Any citizen wishing to make comments virtually during the public hearing should follow a two- step process provided below: •Register for the WebEx at: https://vbgov.webex.com/vbgov/onstage/g.php9MTI D=e8dc40963de346f09cf4c822391b 99113 •Register with the City Clerk's Office by calling(757)385-4303 or via email at ABarnes@vbeov.com prior to 6:00 p.m.on June 2,2020 If you are physically disabled or visually Impaired and need assistance at this meeting,please call the CITY CLERKS OFFICE at 385-4303;Hearing Impaired call 711. All interested parties are invited to attend. Amanda Barnes,MMC City Clerk Beacon:May 17,2020&May 24,2020-1 TIME EACH 'ti I ti 0 CO _ / R 5D �/ ,r77/00:too; , \ ''1, \ , R,SD„,, / 4 , ,,! ,I ------__J i r 44 1 ..,..--- ' I ------ pals street - --"r _- .,_,c ------------ --\ \ Pans Street ;, _I-5D A Legend �, site Bishard Family Real Estate, LLC 312 Gatewood Avenue Q Zoning Feet `‘ t- Parking Lot Drive Aisle 0 10 20 40 60 80 nv I Building ro� ? [ .--A.,,, .," „........,„ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: BISHARD FAMILY REAL ESTATE, LLC [Applicant & Property Owner] Subdivision Variance (Section 4.1(j) of the Subdivision Regulations) for the property located at 312 Gatewood Avenue (GPIN 2407017508). COUNCIL DISTRICT — BEACH MEETING DATE: June 2, 2020 • Background: This application was deferred by the City Council on February 18, 2020 in order to confirm that there are no AICUZ compatibility issues. It was rescheduled to the March 17, 2020 public hearing; however, that meeting was cancelled. Section 4.1(j) of the Subdivision Regulations states: "Property lines at the intersection of minor streets with each other or with alleys shall be rounded with a minimum radius of ten (10) feet." This rounding of the property lines reduces the parcel size from 15,000 square feet to 14,979 square feet, which reduces the development potential of the property. As the applicant desires to create three parcels, a Subdivision Variance to this standard is requested. Specifically, the applicant proposes to subdivide the 15,000 square foot parcel into three lots — one as a single-family dwelling lot and two with a semi-detached dwelling. The property is zoned R-5D Residential District, requiring a minimum of 5,000 square feet in lot area for each parcel developed with a single-family dwelling/semi-detached dwelling. • Considerations: During Staff review, a determination was made by City Traffic Engineering that, in this instance, the property line rounding at the intersection was not necessary to accommodate public safety or traffic projects. However, property line rounding is a requirement of the Design Standards set forth in section 4.1(j) of the Subdivision Regulations, and therefore, cannot be waived by an administrative decision. The applicant contends that since the lot will fall under the 15,000 square feet of minimum area to create three lots due to the property line rounding at the intersection of Gatewood Avenue and Paris Street, it is a hardship placed upon the property owner by the City of Virginia Beach's requirements. Staff does not concur as this requirement is universally applied to all new intersections of minor streets. While the variance creates a lot that is only shy of the 5,000 square foot requirement by 21 square feet, it is Staffs position that the overall proposal is not Bishard Family Real Estate, LLC Page 2 of 3 compatible with the character of the surrounding area, where the smallest lot size is approximately 11,250 square feet. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff report. Two letters of opposition and a petition of opposition containing 33 signatures from 27 households within the neighborhood were received by Staff. There were two speakers in opposition at the Planning Commission hearing who expressed concerns regarding the proposal changing the character of the neighborhood and the increase of density in an area close to the Naval Air Station Oceana. The Planning Commission determined the proposed development to be attractive and the shortage in required lot area to be minor. A condition recommended by the Planning Commission below, and indicated with underlined text, was included with the motion to approve. This condition provides that an area equal to that required by Section 4.1(j) of the Subdivision Regulations be reserved in the event it is needed in the future. Following the Planning Commission public hearing, the applicant offered two conditions as a means of providing additional detail and level of certainty for the surrounding neighbors with regard to the layout and the design and type of dwellings to be constructed. ■ Recommendations: City Staff recommends denial of this application. The Planning Commission passed a motion to recommend approval of this request by a vote of 9-0. 1. The applicant shall reserve an area, equal to that which is required by Section 4.1(j) of the Subdivision Regulations, at the southwest corner of Lot 90A, to the City of Virginia Beach following the recordation of the subdivision plat. Conditions 2 and 3 provided by the applicant following the Planning Commission Public Hearing for City Council's consideration. 2. When subdivided, the property shall be developed as shown on the submitted site plan exhibit entitled "Site Plan Exhibit for Subdivision of Lot 90, Revised Plat, Gatewood Park Extd., Located Near London Bride", dated 12/04/2019, and prepared by WPL Site Design, a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development. 3. When Lots 90A, 90B, and 90C are developed, the residential dwellings constructed shall have architectural features and appearance of like quality and character as depicted on pages 7, 8, and 9 of this report, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development. Bishard Family Real Estate, LLC Page 3 of 3 ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Denial. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department R(7) City Manager: '73ti L NIApplicant & Property Owner Bishard Family Real Estate, LLC Agenda Item Public Hearing January 8, 2020 City Council Election District Beach /B3 Virginia Beach Request Subdivision Variance (4.1(j) of Subdivision Regulations) Pw.''''''p Staff Recommendation i Denial Staff Planner 1111 Aubrey Trebilcock ;. ____ Location 312 Gatewood Avenue GPIN 4:::) 24070175080000 Site Size ........ r 15,000 square feet ..==_�.._ AICUZ Greater than 75 dB DNL G. -.\ Watershed Chesapeake Bay Existing Land Use and Zoning District Single-family dwelling/ R-5D Residential _ Surrounding Land Uses and Zoning Districts _ • - North -- M Single-family dwelling / R-5D Residential South Single-family dwellings/ R-5D Residential East Duplex/ R-5D Residential ' s West v , Single-family dwelling/ R-5D Residential ','- , ! . '' •. ' -Z .. ' go, ._, , i, . . . ., ., ,..,. ,_.... \ ( , ....„. .,.....,, .. ,,,, ::,, , ,.,. . . % ,. %___, . Bishard Family Real Estate, LLC Agenda Item 3 Page 1 Background and Summary of Proposal • The applicant proposes to subdivide the 15,000 square foot parcel located at 312 Gatewood Avenue into three lots— one single-family dwelling lot and two semi-detached dwelling lots.The property is zoned R-5D Residential District, requiring a minimum of 5,000 square feet in lot area for each parcel developed with a single-family dwelling/semi- detached dwelling and 10,000 square feet for a parcel developed with a duplex. • Section 4.1(j)of the Subdivision Regulations states: "Property lines at the intersection of minor streets with each other or with alleys shall be rounded with a minimum radius of ten (10)feet."This rounding of the property lines reduces the parcel size to 14,979 square feet,which would only allow for the development of two single-family dwelling or semi-detached lots,or one duplex lot. As the applicant desires to create three parcels, a Subdivision Variance to this standard that requires the rounding of the intersection is requested in order to create the three parcels. • Minimum lot width in the R-5D Residential District is 50 feet for a single-family dwelling lot and 35 feet fora semi- detached dwelling lot.An additional 10 feet in lot width is required for corner lots, such as the proposed Lot 90A. Therefore, in order for the property to be developed with three single-family dwellings, a minimum of 160 feet of frontage is required. As the property at it's widest point is only 150 feet,the applicant proposes to instead create one single-family dwelling lot (Lot 90C)and two semi-detached dwelling lots (Lots 90A and 90B),which requires a lot width of only 130 feet,thereby meeting this standard. U Li 1 c-__2 0 R-5D �S"�-,1} R-5D [1:\ �, //� l 1 No Zoning History to Report p sin" I C3 C R-5D - CD Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance LUP—Land Use Plan REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Evaluation and Recommendation Section 9.3 of the Subdivision Regulations states that 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 nature as to make reasonably practicable the formulation of general regulations to be adopted as an amendment to the ordinance. Bishard Family Real Estate, LLC Agenda Item 3 Page 2 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 original plan depicted three single-family lots on the 150-foot wide property. Based on the deficiency in lot width for those three single-family lots,which requires a minimum of 160 feet of frontage,the applicant modified the request to include one single-family lot and two lots for a semi-detached dwelling, which requires only 130 feet of frontage. However, while this approach addresses the lot width deficiency, it did not resolve the issue of the property line rounding which would put Lot 90A under the minimum 5,000 square foot lot size as required by the R-5D Residential District. During Staff review, a determination was made by City Traffic Engineering that, in this instance, the property line rounding at the intersection was not necessary to accommodate public safety or traffic projects. However, property line rounding is a requirement of the Design Standards set forth in section 4.1(j)of the Subdivision Regulations, and therefore,cannot be waived by an administrative decision. Consequently, a Subdivision Variance has been requested by the applicant.The applicant contends that since the lot will fall under the 15,000 square feet minimum area to create three lots due to the property line rounding at the intersection of Gatewood Avenue and Paris Street, it is a hardship placed upon the property owner by the City of Virginia Beach's requirements. Staffs evaluation of Section 9.3 of the Subdivision Regulations, listed at the beginning of this section, is provided below and addresses the five points by which this request and all other variance requests are considered. A. The application of the ordinance to round the property corner is not discretionary, but required of every corner lot at the intersection of minor streets.A determination that it is unnecessary for traffic projects or safety,which results in being 21 square feet short of the minimum area required for a third lot, is not sufficient grounds for a hardship. B. The proposed development is not reflective of the existing character of the neighborhood. On Paris Street and Gatewood Avenue,the majority of lots, all of which exist as single-family dwelling lots, are larger than 15,000 square feet.There is no lot smaller than 11,250 square feet in the vicinity.This proposal would create three 5,000 square foot lots, becoming the smallest lots by over 6,000 square feet; however the proposed lots would meet the minimum lot width standards for lots in the R-5D district. C. It could not be said that this is a commonly recurring problem where the possibility of an additional lot is eliminated by a 10 foot radius property line rounding at the intersection. It is a specific enough problem that it could be properly addressed by a Variance. D. There are no natural features or problematic adjacent developments which impede the use of the property.The property boundaries, prior to the corner rounding, are sufficient for three lots in the R-5D Residential District. The required rounding will leave this property just short of the lot area requirement for the third lot. However, as the corner rounding is written into the Subdivision Regulations,and applied to every subdivision as dictated by the Design Standards for streets,this does not fulfill the definition of an extraordinary situation. It is something that must be taken into account prior to every subdivision request. E. The variance request is a result of the requirements of the R-5D Residential District due to the corner rounding, which causes Lot 90A to be deficient in lot size.This variance request does seek to maintain minimum lot size Bishard Family Real Estate, LLC Agenda Item 3 Page 3 and meet the standards of the Zoning Ordinance, providing the need for the corner rounding required by the Subdivision Regulations. The proposal to subdivide the existing 15,000 square foot lot into three lots,would result in at least one lot not meeting the minimum 5,000 square foot lot area requirement of the R-5D Residential District due to the Subdivision Ordinance requirement for the rounding of the corner. If granted the Variance,the applicant would create three 5,000 square foot lots which would meet the requirements of the Zoning Ordinance. While the lot area is short by only 21 square feet,the overall proposal is not compatible with the character of the surrounding area, where the smallest lot size is approximately 11,250 square feet. It is Staffs opinion that the request does not preserve the character and stability of the neighborhood, as the proposed lots would be more than twice as small as any other lot on Gatewood Avenue or Paris Street.The hardship also appears to be self-imposed as the corner rounding is a requirement of every intersection where local streets intersect, and should therefore be anticipated.There is no hardship to redevelopment of the lot as it currently exists and the lot can be subdivided into two lots by right. Based on this,Staff recommends denial of the request. Recommended Conditions 1. The applicant shall reserve an area, equal to that which is required by Section 4.1(j) of the Subdivision Regulations, at the southwest corner of Lot 90A,to the City of Virginia Beach following the recordation of the subdivision plat. Conditions 2 and 3 provided by the applicant following the Planning Commission Public Hearing for City Council's consideration. 2. When subdivided, the property shall be developed as shown on the submitted site plan exhibit entitled "Site Plan Exhibit for Subdivision of Lot 90, Revised Plat, Gatewood Park Extd., Located Near London Bride", dated 12/04/2019, and prepared by WPL Site Design, a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development. 3. When Lots 90A, 90B, and 90C are developed, the residential dwellings constructed shall have architectural features and appearance of like quality and character as depicted on pages 7, 8, and 9 of this report, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Bishard Family Real Estate, LLC Agenda Item 3 Page 4 Comprehensive Plan Recommendations The Comprehensive Plan recognizes this property as being within the Suburban Area. Guiding principles have been established in the Comprehensive Plan to maintain neighborhood stability and sustainability. Many of these principles are based upon the "Characteristics of a Great Neighborhood" as defined by the American Planning Association. For example, new residential development should be consistent in term of size, intensity and relationship to the surrounding area. Infill development should be designed to "give the impression to those who pass by that it has always been part of the original development." Natural and Cultural Resources Impacts 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 Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Gatewood Avenue and Paris Street, which are both adjacent to the subject parcel, are considered two-lane undivided local collector streets. They are not included in the MTP. No roadway CIP projects are slated for this area. Public Utility Impacts Water There is an existing four-inch City water main along Paris Street and an existing six-inch City water main along Gatewood Avenue. Sewer There are existing eight-inch City sanitary sewer gravity mains along both Paris Street and Gatewood Avenue. Public Outreach Information Planning Commission • Staff is unaware of any meeting between the applicant and neighborhood organizations or residents. • One letter of opposition and an opposing petition with 33 signatures from 27 households in this area have been received by Staff noting concerns related to the proposed lot sizes and changing of the character of the neighborhood. • As required by the Zoning Ordinance, the public notice sign(s)was placed on the property on December 9, 2019. • As required by State Code, this item was advertised in the Virginia Pilot Beacon on Sundays, December 22, 2019 and December 29, 2019. Bishard Family Real Estate, LLC Agenda Item 3 Page 5 • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on December 20, 2019. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of www.vbgov.com/pc on January 2, 2020. City Council • Following the Planning Commission' public hearing, Staff is unaware of any meeting between the applicant and neighborhood organizations or residents. • As required by City Code,this item was advertised in the Virginia Pilot Beacon on Sundays, May 17, 2020 and May 24, 2020. • 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 May 18, 2020. • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on May 29, 2020. • Two letters of opposition and an opposing petition with 33 signatures from 27 households in this area have been received by Staff noting concerns related to the proposed lot sizes and changing of the character of the neighborhood. Bishard Family Real Estate, LLC Agenda Item 3 Page 6 1 TI 13 0 vi (D CL N Pi: CD I I O C N/F 4+ JESSE UANE HUDSON (IN. 20170619000515550) LOT 89 I (M.B. 34. PG. 16) CPIN: 2407-01-6687 I �Q" NBO122J"E 13000 2�Z 50.00' 50.00' 50.00' S r.) 90A �Q$ 90C W W N/F Lu BISHARD FAMILY J REAL ESTATE, LLC 2 Q a I LOT 90 W^ I 7407-01-7508 :fjpyjr:'.:.' Ito 2 CIW!'RC TI' CONCRLTf o O PA/1O ®nn 0I ®® FAIq S 8 O Q R 0 g 8 N/F ti GERALD F. FOWLER n 23.92'— —24.25'J 13 8.25' (D.B. 1319, PG. 301) m I— L0T 88 O3 2-STORY FRAME 3 2-STORY FRAME 3 8.25' 2-STORY FRAME y� M.B. 34. PG. 16) O� SF ATTACHED SF ATTACHED I SINGLE FAMILY -� h UNIT UNIT ) RESILIENCE GRIN: 2407-01-8607 ON r. N (SLAB) N o 0 0 O 2 2 �� I n I GARAGE PORCH 04446E GARAGE PO P 'ON t/ETE I PORt N 1 n C ATn ;I.. - E7F , NRh2 w r `` 50 00 50.00' 50. da` 03 fl1 a `� • S 80.1 '2J"w 150.00' :_.-r: • • N _3 . 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'jy,-- Bishard Family Real Estate, LLC Agenda Item 3 Page 10 Disclosure Statement 1113 iF inia�tl, Ii APPLICANT'S NAME Bishard Family Real Estate, LLC DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Changes Exce tion for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board • • The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • • SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All duclosu,es must be updated two(2)weeks pnoi to any Page 1 of 7 Piannin ommission and City Council meeting that pertains'to the apphCatlonls) APPLICANT NOTIFIED OF HEARING DATE. 2/)3/?d )4.0441., dNO CHANGES AS OF DATE )4172 0 REVISIONS SUBMITTED DATE Bishard Family Real Estate, LLC Agenda Item 3 Page 11 Disclosure Statement Virginia Beach nCheck here if the APPLICANT IS NOT a corporation, partnership, firm, business,or other unincorporated organization. ZCheck here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name.Bishard Family Real Estate, LLC If an LLC, list all member's names: Manager: Bishard Development Corporation. Steven W. Bishard, President; John Bishard,VP; Robert Deacon. VP of Operations;Thomas Lewis, CFO If a CORPORATION, list the the names of all officers, directors, members, trustees. etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary t or affiliated business entity 2 relationship with the Applicant. (Attach list if necessary) See next page for information pertaining to footnotest and 2 ♦ e SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. U Check here if the PRQPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the PROPERTY OWNER IS a corporation, partnership,firm, business, or other unincorporated organization, AND THEN,complete the following. (A) List the Property Owner's name: If an LLC, list the member's names: Page 2 of 7 Bishard Family Real Estate, LLC Agenda Item 3 Page 12 Disclosure Statement 'NB Virginia Beach If a Corporation, list the names ofall officers, directors, members,trustees, etc. below: (Attach fist if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 1 -Parent subsidiary relationship' means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation" See State and Local Government Conflict of Interests Act,Va Code§2 2-3101 2 "Affiliated business entityrelationship" means "a relationship, other than p' p, parent subsidiary relationship, that exists when(ii 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 (iiil there is shared management or control between the business entities Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities, there are common or commingled funds or assets, the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities' See State and Local Government Conflict of Interests Act, Va Code§ 2 2,3101 • • SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operatirng_or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Bishard Family Real Estate, LLC Agenda Item 3 Page 13 Disclosure Statement • • .\/13 APPLICANT virginia Beach YES NO SERVICE PROVIDER(use additional sheets It needed) XI Accounting and/or preparer of your tax return Inl/\I Architect/Landscape Architect/ 1 Land Planner Contract Purchaser(if other than X the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed X purchaser of the subject property (identify purchaser(s)and purchaser's service providers) I 'XI Construction Contractors IXI I Engineers/Surveyors/Agents WPL Financing(include current TowneBank X u mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) In) I I Legal Services IR Edward Bourdon.Jr.,Esq Real Estate Brokers / I I Agents/Realtors for current and l/`1 anticipated future sales of the Isubject property 'Harry R.Purkey,Jr.,Esq • • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have n an interest in the subject land or any proposed development contingent on the subject public action? If yes,what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Bishard Family Real Estate, LLC Agenda Item 3 Page 14 Disclosure Statement • VB • Virginia Beach [CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application.Bishard ate,LLC: Steven W. Bishard,President of Io/7/zo ay. APPLICANT'S SIGNATURE PRINT NAME DATE Bishard Development Corporation.Ma lager Page 5 of 7 Bishard Family Real Estate, LLC Agenda Item 3 Page 15 Next Steps • Upon receiving a recommendation from Planning Commission, this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision, the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Bishard Family Real Estate, LLC Agenda Item 3 Page 16 Item #3 Bishard Family Real Estate, LLC Subdivision Variance (Section 4.1(j) of the Subdivision Regulations) Northeast corner of Gatewood Avenue & Paris Street (GPIN 2407017508) January 8, 2020 RECOMMENDED FOR APPROVAL Ms. Oliver: Okay, thank you. And I'd like to thank all the applicants today who had a matter on the consent agenda at this hearing and these items will be scheduled for hearing at the City Council agenda. And so if you don't have any further business, if you were on the consent agenda,this would be a great time for you to leave. We'll give everybody a second to leave. All right. Thank you. The next order of business will be to address the remaining matters on our agenda. And with our City Clerk, please call the first item. Ms. Sandloop:Thank you Madam Chair. The first item to be heard is agenda item number 3, in which we do have two speakers for today. It is Bishard Family Real Estate LLC, an application for a subdivision variance section 4.1 (j) of the subdivision regulations on property located on the northeast corner of Gatewood Avenue and Paris Street located in the Beach District. Mr. Bourdon: Thank you Madam Chair for the record, Eddie Bourdon, Virginia Beach Attorney representing the applicants, Mr. Steve Bishard is here, along with Josh Motto and some of his folks on his team. The property that's a subject of this application as a part of a subdivision that was recorded in Princess Anne County in 1949, before there was a zoning ordinance and before there was a subdivision ordinance. That subdivision was developed a few years later but still close to 70 years ago. The properties in this subdivision are zoned R-5D, the homes in the subdivision, some are quite old. Others are newer; it's just redevelopment that's been taking place. Frankly,the area is very benefited by redevelopment. There are quite a number of duplexes in the subdivision, again it's zoned R-5D. My clients who've been doing a lot of excellent work in the city redeveloping areas that are very much in need of redevelopment acquired this piece of property with the intent to develop by right exactly what is before you today. The right-of-ways are all improved and have been for half a century. The Gatewood Avenue right-of-way is a 60 foot wide right- of-way and Paris Street is a 50 foot wide right-of-way, meeting all city current requirements for residential streets and exceeding it as far as Gatewood is concerned,these roads are dead ends. Paris street goes East West, about six lots in each direction and Gatewood ends here. There is no, you heard this morning, no 1 likelihood conceivable foreseeable of any roadway improvements that would necessitate any right-of-way in addition of what exists today. I have been doing this kind of work for 35 plus years. I suspect Mr. Inman has had a similar experience to what I'm going to describe. The City of Virginia Beach anytime somebody in an existing neighborhood that was created a long time ago, if there is anything that is "substandard" to what is required today, when you submit a resubmission plat, they come back with the standard, you know, we want you to give us additional right-of-way and they get it probably 60 to 70% of the time. Because people say, I don't need it, no problem. I'll give you the right-of-way. However, there are a number of circumstances when that's not the case and I've represented many people over the years look, it's okay to ask for it, but we aren't putting the need for it, Supreme Court of the United States is very clear,you know, that you can't require me to give you land when I don't create the need for it. The Dolan Tygart case and others very clear, that's what happened here. We have a by right subdivision and again, I've never, ever been up here asking for this variance before because it's never, ever been required before. So here we have lots on existing public streets improved,been there for decades and we're being told,guess what,we want this little curve on the corner that we're not going to use for anything. We're not going to improve it, but we want to give it to you. We want you to give it to us. Well, we'll be happy to give it to you. We'll be happy to give you a reservation and once a plats recorded to create this legal subdivision will be happy to give it to you, no you have to get a variance because our ordinance that has been ignored for years because similar things have happened in the city like just like we're doing never been here before then recorded plat every time, so we here once for first time ever, because someone is saying that even though we don't on the Supreme Court decisions,we don't have a right for you to take it from you, excuse me,they can take it from you,we don't have the right to make you give it to us. We want you to give it to us. So that's the bottom line here,but we're going along with the program with this subdivision variance request. Okay,but these are illegal lots that meet all the dimensional requirements,but when you tell us we got to give you that little corner,which we don't have a problem with,then you all of a sudden you lose a lot, again Dolan versus city of Tygart, 512 US Supreme Court, Page 374, 1994 Supreme Court case. It will not stand scrutiny. So that's the bottom line here. This neighborhood is developing; redeveloping will continue to redevelop that's what we want to see exactly what we need to see in this neighborhood. So that's the long short of it, that's why we're here. We are now being told, well, discretion has been used in the past, recognizing what the law says, but we don't feel like we can do that under the way our ordinance has been written all these years, so we're going to try to get the ordinance revised so that we have that discretion. Well, I don't think that's the right way to run the railroad, but it is what it is. We're here 2 asking for a variance because they're saying they can't approve it any other way. And so then we get into this,you know,does it fit the character of the neighborhood, the character of the neighborhood is going to change. It is already changing. Those of you been out there and wrote around, you'll see its changing and for the most part, that's a good thing. So I hate to be so confrontational,but this is really not an application that ought to be here and I think that's the long in a short of it, but we are here. And we would ask the Commission; the hardship is that we're being told, you don't get what you are legally entitled to that meets all the dimensional requirements, because we want not that we need. We want this little 21 feet from the corner. Well,the city wants to buy a lot for the 21 feet,that's,you know, that's their prerogative. I don't think they want to buy a lot for that 21 feet. I will be happy to answer any questions. Ms. Oliver: Thank you. Mr. Bourdon: Thanks. Ms. Sandloop:Madam Chair we have two speakers, Courtney Milts. She would approach the podium and state your name for the record. Ms. Oliver: Welcome. Ms. Milts: Hi, my name is Courtney. And I thank the council and I understand what this gentleman is saying and we, as a neighborhood, a lot of us did not know about the R-5 zoning back there and we're neighborhood of,you know,third acre lots and the kids have places to run. And people come back there because they want a yard. They don't want to see their neighbor right close. You know, we have people who've been there 40-50 years. And,you know,there's a neighbor right across the street. She's been there 40 years, and she cries every time she backs out of her driveway,who's gonna speak up for her? Ms. Oliver: Sorry, take your time. Ms. Milts: I understand construction is going to happen, but be considerate of what's around. Take in the little guy,take in the people who have lived back there for generations, I know two families by doing this petition,you know,they have three generations, both of them back there and, you know, it's not all about this. It's like, if they had just said we'll just build two homes, because that would be good for the neighborhood and be cohesive and have continuity and we considered our neighbors. We then just come in there and does everything and just we thought about the other person. What is wrong with that? But, I just see things going around-around the city, that they're not very cute. They are the cohesiveness, the continuity,the thoughtfulness of our neighbor,you know,there's a subdivision right 3 across the street on London Bridge and these old folks bless their hearts, they had to sell their acreage right next door. Now they have a house, their driveway, and this big, ugly brown fence, and then houses built right up on top of them. And I know they had to sell the property and I know construction is allowed,I get that but think about what's around you. What is wrong about thinking about your neighbor? I don't understand. It's not all about this. It's not all about money. We're people. We live in this neighborhood. I walk my dog in this neighborhood. Ms. Oliver: Ms.Milts,thank you. I hate to cut you off,but unfortunately we allow three minutes per person. Ms. Milts: Right. Just think about also the water runoff in these ditches they're building in front of these new homes where the water sits after a week of walk up, the storm. Scum is still there. You're talking about mosquitoes; you are talking about more spray. Chesapeake Watershed. Ms. Oliver: Thank you. Ms. Sandloop:Gerald Fowler. Ms. Oliver: Welcome. Mr. Fowler: Good afternoon. I own the duplex just next to this property. Ms. Oliver: Mr. Fowler, I'm going to interrupt you one second. Would you mind stating your name for the record? Mr. Fowler: Gerald Fowler. Ms. Oliver: Thank you. Mr. Fowler: I own the duplex just next to the property.The thing that comes to my mind is there is development going on in that community, but normally what's been happening; they've been buying two properties, tearing them down and building one house there. I thought there was a drive on to decrease the density,there is about four or five lots from this lot that you're considering today,to the fence for the air station, I mean, it's right on top of it. And for years,they've been tearing places down and decrease the density, this would triple it and so that seems awful strange to me. If you look through neighborhoods,you see all the big lots and then you see one with three houses but something don't seem right. That's all I want to say. Ms. Oliver: Thank you. Does anybody have any questions for Mr. Fowler? Thank you very much. Mr. Bourdon? 4 Mr. Bourdon: Thank you Madam Chair. I want to let the commission know that Steve Bishard has made multiple outreach efforts to the young lady, I'm sorry I didn't get her last name, I don't want to call her Courtney, was not able to get any type of a response, more than willing to sit down with her and,you know,the folks in the neighborhood you have an elevation of a two story structure that would go on this,these two lots that is set back and that's the single family one but you have also the shared, the required setback from gateway,excuse me Gatewood Avenue sorry is 18 feet. This is at 24 feet. So it's further off if you built, you can build one house all at 18 feet. We've got the distance between this 10,000 square foot lot in the house on the interior lot that's 5,000 square feet is over 30 feet. So this is not trying to squeeze three structures. It's doing a detached basically a duplex and meets all the requirements and exceeds the requirements as far as setbacks concern. So it's not something that is out of character with the duplexes that are in the neighborhood at all. Again, it's a two story, the folks that she referred to on London Bridge Road, we had the pleasure of representing them, and the development that went around their house and it's exactly what they wanted to take place. So again, it's just; it's interesting how things just get pulled out of the sky. The houses, the older homes in this neighborhood, the overwhelming majority of those that are still there were built before there was any stormwater management ordinance whatsoever. There really hasn't been a flooding resilience I think it's a better word, moving forward problem with this neighborhood, but with this redevelopment, there will be stormwater management that will have to be provided and we cannot discharge any more water than it has been discharged from the property as it's currently developed. And so there's not. Their city and the engineers will not permit given the current environment especially, it will be scrutinized to the nth degree there won't be any additional stormwater to cause any problems in the public right-of- way. We've provided you with the subdivision plat and with the elevation for the structure to be built on the corner lot, which is the only issue here as well as on the interior lot, so, I'd be happy to answer any questions any of you may have, but we believe that and Mr. Bishard is more than willing to meet and talk to folks, I don't know what the concern if you put the map of the composite map of someone to cross the street, what it would be, see there, these are not large, wide lots. In fact, the houses are pretty close in here. So I'm really not sure what the concern is,when I graduated from law school, one of my high school buddies rented a duplex at the end of actually, I think was the end of Wall Street, which is I think one up but you know,this area has had duplexes in it going back and that was in the early 80s. So I realized it's a bit of a hodgepodge, if you will, somewhat transitional in nature, but that's what needs to, that's what's going to happen is we're going to have areas like this that are redeveloping,and that's a betterment for everybody concerned,and 5 including the people who own property. I am happy to answer any questions any of you may have. Ms. Oliver: Anybody have any questions. Mr. Alcaraz: I do, I'll start off but if you could just hold tight I'm gonna ask, when the lots were created 70 years ago, the zoning was, I guess, shown what it was at that time? So if they're oversized lots and they are zoned R-5D or whatever,who created and how did that become or we've got R-5 but we've got oversize lots? Mr. Tajan: Little bit of history,these are the zoning didn't exist,this would have been in,would have been greater if these were platted at that point in time, greater Princess Anne County where the actual City of Virginia Beach was just the Oceanfront. So they were developed under the county's regulations. When they got annexed into the city zoning was applied to it, eventually it became R-5D which can't be single family and duplex development. So the pattern was probably created many years prior before we put the zoning on it versus the zoning creating the lot pattern. Mr. Alcaraz: So the R-5 which signifies 5,000 square feet per lot was assigned to those lots, not taking account that they were oversized lots. So the development in the future would be for 5,000 square foot minimum? Mr. Tajan: That would be what we would permit. Yes, that is correct. Mr. Alcaraz: And then my other question in the informal, your staff had said that the traffic control requirement for the radius wouldn't be required or would be used? Mr. Taj an: Correct. During our review of the process, the subdivision regulations state that when there is a subdivision proposed for a corner lot like this, a corner radius is required. The waiver procedure for that is through the subdivision variances Mr. Bourdon had noted and we were told by traffic engineering during the review that they did not need the corner radius. Mr. Alcaraz: So the applicant required,no or has offered,I heard a reservation is that still allowed with the city ordinance for reservation? Mr. Tajan: The ordinance is currently requires a dedication. If it comes through in this,through the approval process of getting a subdivision variance, if the applicant wants to like do a reservation or not, we would still accept that is. Mr. Alcaraz: Okay. Mr. Bourdon: I would just add, we've agreed to provide a reservation, we have agreed to sign an agreement that once the plat is recorded, for 50 cents,whatever we'll give them the 21 square feet, yeah, and Mr. Tajan is absolutely correct. The zoning was applied 6 to the property when we actually got the zoning being the Princess Anne County; City of Virginia Beach wants the merger to reflect what was there. Now again, it's always had duplexes and it's always had housing on larger,you know,combinations of lots which is not unusual for a lot of neighborhoods in Virginia Beach that have redeveloped over the course of time. So that's all absolutely correct and it isn't an aversion, even though it's not needed. They're not gonna be road improvements here, these are dead end streets, they're not going to be anywhere so there's not going to be any improvement to these streets, not gonna be any widening of the streets. It would be the same as it's been for 70 years and worked out fine for 70 years, they haven't needed it, but my class not here to get into a fight. We will provide it to you, but there should be,there has been in the past discretion and I'm not arguing who was right or who was wrong, but discussions have been exercised in situations like this have always been resolved in the past with either a reservation or we know we don't need it, we're not going to need it, but they're following the letter of what's in the ordinance and that's probably what needs to be looked at. Ms. Oliver: Mr. Redmond. Mr. Redmond:Don't go away, Mr. Bourdon because you may weigh in here if you like. So but I just want to clarify because we've had a lot of going on this morning and today. As I understand this,the design standards set a requirement,we do not need nor intend to use as I want to, is that correct? That what I heard this morning today? Mr. Tajan: Based on our view uniformly, the reservation or dedication is required for subdivisions on corner lots, so that is the uniform rule but standard,but through our review, there's currently no intent to utilize or expand on that utilizing that radius that is correct. Mr. Bourdon.: The ordinance is based on new subdivisions; I mean that's why it's there. So it's totally understandable that's there but there's nothing in the actual verbiage not the way it has been previously discretion has been used and again,I'm not here to argue that you know that anyone is wrong but in the past discretion has always been my experience anyway used to recognize it, yeah, we asked for but this is not a new subdivision. I mean, it's a subdivision of this little property,but as it pertains to the roads, the roads are there, they're developed; they've been there for, you know, 50 plus years. So that's why, this is bit of a. Ms. Oliver: Does anybody have any more questions for Mr. Bourdon? Thank you. Hearing now is closed and we're going to open it up amongst the commissioners. Anybody want to go first? Mr. Redmond. Mr. Redmond:And the reason I asked that is because that kind of puts this application I think you view it in a different light when you realize, I mean, I really do view this as 7 something that's it's a problem with the ordinance,the ordinance,it's quite possible that sometimes,you know,the ordinances and zonings are inappropriate to various applications when we see them. And I view this, a technicality isn't even the right word, doesn't even apply. We don't intend to avail ourselves of it, as Mr. Bourdon says, it's for new subdivisions, really. And for sure, this neighborhood will, you know, will incur more redevelopment. This strikes me as appropriate redevelopment, what the applicant has proposed, seems to me as a way to address it and instead of one lot having 5,000 feet is going to have 4979 or something like that it's a difference without a distinction. And so it seems to me that it's an appropriate resolution to an instance where the ordinance itself is not really appropriate to the land use pattern that we're seeing. There are less attractive, less palatable ways to develop this and lots of other properties. I do think the product that they're proposing will be the freshest,nicest looking product,you know,within eyesight of this. One of the photos we saw had a house with siding and a bunch of green, you know, moss growing on the side of it. Well, this is going to be a brand new,modern,attractive place,you know,built in a way that really fits into this land pattern, so sorry to go on so long and I know that there are folks who are upset about this I think perhaps somewhat unduly it seems to me an appropriate way to approach this. Thank you. Mr. Weiner: I did ride through the neighborhood yesterday,just wanted to because usually when we get an application for denial,we don't get a chance to go there. I like to go and look at it to see what it is and I did notice turning off of not Potter's Road but London Bridge, the first three houses that you see are actually larger than what's being proposed now. So there are different types of houses in there. There are very small duplexes,but I always have to look back in the aging housing stock that we have in the city and yet somebody wants to come in and,tear down houses and build brand new ones. I kind of want to go that direction. I like that a lot. So I'm going to be supporting it. Mr. Graham: Madam Chair, I'll be supporting it as well. I completely agree. I think that when you have a developer that's coming into a neighborhood and they're going to build new homes, I think it's that, you know, for the homeowners that live in that neighborhood. I mean, I think it's a good thing. I think these are very attractive elevations that they've submitted. I think it's going to benefit the neighborhood, and we're talking about a dedication that is 21 square feet. I mean, it's teeny, but what it's doing is it's preventing redevelopment. So anyway, I'll be supporting it. Ms. Oliver: George? Mr. Alcaraz: Yes,there are just a few things I would like to appreciate what he said and with the 15,000 square feet that they have as the owner developer, or whatever interest they 8 may have,I mean, and then you go through the development phase,you go through the process and then you're told to 21 square feet on a corner is going to be needed. It's a harsh word, but I take it as a taking and I don't really like that word, but I didn't want it to go that far, but it kind of seems to go that route. However, I don't know if it's an option with the city if they can do reservation. If it's ever needed, then it's there and then they have it but then it qualifies them for the three lots to do the semi attached in a single family. So therefore, I'd like to make a motion to approve it. Mr. Redmond:Second. Ms. Cartwright: The vote is open. Ms. Oliver: Hold on. Mr. Inman: I need to take note that make a disclosure that I am in the board of directors or advisory board Town Bank from Virginia Beach, and Town Bank listed as a potential lender on this project as an advisory board member, I have no decision making power were the loan made or not made and have no financial interest in the outcome, and I will be voting on that matter. Mr. Graham: I too need to disclose that I am on the Town leadership advisory board, do not have any kind of financial gain in this project and I will be voting. Mr. Tajan: Madam Chair I clarify to align with Mr.Alcaraz's motion to approve,I believe that there should be a condition that addresses that there should be an easement or reservation provided for the 21 square feet and not the dedication as the one condition. Ms. Oliver: Okay, great thank you. So you want us to remake the motion or we just add that? Mr. Tajan: I believe this motion included that when he's... Ms. Oliver: Okay. Mr. Tajan: Read through it, when he discussed it. Ms. Oliver: All right. Ms. Sandloop:The vote is open. By the recorded vote of 9-0, agenda item number three has been approved with conditions as amended. Madam Chair our next item of business is item number 4, Franklin Johnston Group Management & Development, LLC, which is an application for conditional rezoning I-1 light industrial district to conditional A-36 Apartment District on property located at 4545 South Boulevard located in the Roosevelt District. Ms. Oliver: Okay,thank you. And I'd like to thank 9 AYE 9 NAY 0 ABS 0 ABSENT 0 ALCARAZ AYE BARNES AYE GRAHAM AYE HORSLEY AYE INMAN AYE OLIVER AYE REDMOND AYE WALL AYE WEINER AYE 10 09£ 00£ OVZ 09l ON 09 0£ 0 pa Suipiing also anus pi 5uiyved peon 6uipue- IIIW £14I. 5uIUOZ i - •A unuaaN aunt vg uwew aps 2Z. L u i -__ r 1 1 i 0) ----, / 0 -- / i • 1 ,.L. ; i ;� I 13 // I - - ../ 11!f i �4- ` l I I r� ( it / - f ,• - ----- . . Z-OV iiiira _ Z 9V lam•. rS�u�Cyl �O 4�L'TT e i t��w`N• .01 CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: MARTIN & JUNE KERNUTT [Applicants] the KERNUTT FAMILY REVOCABLE LIVING TRUST [Owner] Subdivision Variance (Section 4.4(b) of the Subdivision Regulations)for the property located at 1413 Mill Landing Road (GPIN 2410710083). COUNCIL DISTRICT — PRINCESS ANNE MEETING DATE: June 2, 2020 • Background: The 1 .75-acre parcel was subdivided by deed in April of 1974 by the applicant's parents from a larger 6.10-acre parcel. The existing single-family dwelling on the property was constructed in 1976. The property is currently under contract to be sold and through the title search process, it was revealed that the subdivision of this parcel was never properly recorded. As the parcel was created by deed after 1953, rather than by plat as required, the applicants are requesting a Subdivision Variance to Section 4.4(b) of the Subdivision Regulations to properly record a plat for this parcel. If not for the fact that the property is located within the AE flood zone, the parcel meets all current Zoning and Subdivision Ordinance standards for the AG-2 Agricultural District. • Considerations: The lot is developed with a single-family dwelling that was constructed in 1976, and meets current dimensional standards for the AG-2 Agricultural District. The parcel cannot be further subdivided, and any additions or residential redevelopment of the parcel will likely require a Floodplain Variance. The applicant is aware of these restrictions. The subject parcel size is consistent with and has a similar development pattern to other parcels along this portion of Mill Landing Road. The proposed Subdivision Variance will properly record the parcel. As the parcel cannot be further subdivided, and there is an existing dwelling on the property that was in 1976, the character of the Rural Area will not be altered if this request is granted. 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 application. • Recommendations: City Staff recommends approval of this application. The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 8-0, to recommend approval of this request. Martin & June Kernutt Page 2 of 2 1 . The applicant/owner shall submit a subdivision plat to the City of Virginia Beach Planning Department. Said plat shall be subject to the review and approval of the Department of Planning & Community Development, and plat shall be recorded with the City of Virginia Beach Circuit Court Clerk's Office within 180 days from the date of City Council action. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department / City Manager: t- Applicants Martin & June Kernutt Agenda Item Owner TheHearing KernuttMarch Family2020 Revocable Living Trust /" Public 11, Ciryof Icity Council Election District Princess Anne 6 Virginia Beach Request Subdivision Variance (Section 4.4(b) of the Subdivision Regulations) 1 Staff Recommendation I Approval ... Staff Plannerllit Hoa N. Dao Location - 1413 Mill Landing Road GPIN * 1111 2410710083 Site Size 1.75 acres AICUZ Less than 65 dB DNL Watershed Southern Rivers Existing Land Use and Zoning District Single-family dwelling/AG-2 Agricultural . :¢ F _ t _ fir, _ ti Surrounding Land Uses and Zoning Districts North `} ; lat ,4 Mill Landing Road Wooded land/AG-2 Agricultural ; , : i South Wooded land /AG-1&AG-2 Agricultural n East . Wooded land/AG-2 Agricultural �;r West I Single-family dwelling/AG-2 Agricultural :1*04 t r, Ak, y Martin &June Kernutt Agenda Item 6 Page 1 Background & Summary of Proposal • The 1.75-acre parcel was subdivided by deed in April of 1974 (D.B. 1415, Pg. 506) by the applicant's parents from a larger 6.10-acre parcel (M.B. 464, Pg. 293). • The existing single-family dwelling on the property was constructed in 1976. • The property is currently under contract to be sold and through the title search process, it was revealed that the subdivision was never properly recorded for this parcel. • The Princess Anne County Subdivision Ordinance was amended on September 28, 1953, requiring a plat for the subdivision of land of two or more lots. It also permitted agriculturally zoned properties to be subdivided by deed but only if the resulting parcels were all at least five acres or larger. • As the parcel was created by deed post-1953,the applicants are requesting a Subdivision Variance to Section 4.4(b) of the Subdivision Regulations to properly record a plat for this parcel. • If not for the fact that the property is located within the AE flood zone,the parcel meets all current Zoning and Subdivision Ordinance standards for the AG-2 Agricultural District. • As the property is within the AE floodplain, any additions to the dwelling or redevelopment of the lot with a residential use will require a Floodplain Variance. • With the approval of this Subdivision Variance,the parcel will be legally created after June 28, 1984, and as such, requires a density of 15 acres per unit. Based on this,the parcel could not be further subdivided unless a variance is granted. ' , \2 AG-2 Z / � ,' �/ J No Zoning History to Report / / 1 : --jG"t Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance LUP—Land Use Plan REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Martin &June Kernutt Agenda Item 6 Page 2 Evaluation & Recommendation This request to properly record a lot that has existed since 1974 by deed is recommended for approval. The lot is developed with a single-family dwelling that was constructed in 1976, and otherwise meets current dimensional standards for the AG-2 Agricultural District if not for amendments to the Floodplain Ordinance that occurred three decades after the dwelling was built. As mentioned above,this parcel cannot be further subdivided, and any additions or residential redevelopment of the parcel will likely require a Floodplain Variance.The applicant is aware of these restrictions. The subject parcel size is consistent and has a similar development pattern to other parcels along this portion of Mill Landing Road. The proposed Subdivision Variance will properly record the parcel with a single-family dwelling that was constructed in 1976 and since the parcel cannot be further subdivided due to the Floodplain and Rural Area regulations, the character of the Rural Area will not be altered if this request is granted. Based on the considerations described above, Staff is recommending approval of the application subject to the condition listed below. Recommended Condition 1. The applicant/owner shall submit a subdivision plat with the City of Virginia Beach Planning Department. Said plat shall be subject to the review and approval of the Department of Planning&Community Development, and plat shall be recorded with the City of Virginia Beach Circuit Court Clerk's Office within 180 days from the date of City Council action. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations The Comprehensive Plan designates the subject property as being in the Rural Area with primarily agricultural and rural related activities. An important objective of the Plan for the Rural Area is to protect and sustain all of Virginia Beach's valuable environmental, scenic, and agricultural resources against inappropriate activities and intense growth pressures. Natural & Cultural Resources Impacts The site is located in the Southern Rivers Watershed and there are no known significant cultural resources associated with this site. 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. Martin &June Kernutt Agenda Item 6 Page 3 Traffic Impacts No traffic impacts anticipated as there is no change to the use of the property or increase in density. Public Utility Impacts No public utility impacts anticipated as the parcel is served by a private well and a private on-site sanitary sewage system. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s) was placed on the property on February 10, 2020. • As required by State Code,this item was advertised in the Virginia Pilot Beacon on Sundays, February 23, 2020 and March 1, 2020. • 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 24, 2020. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of www.vbgov.com/pc on March 5, 2020. City Council • As required by State Code,this item was advertised in the Virginia Pilot Beacon on Sundays, May 17, 2020 and May 24, 2020. • 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 May 18, 2020 • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on May 29, 2020. Martin &June Kernutt Agenda Item 6 Page 4 Proposed Site Layout %c , ^ >•0 �Ca fia IC) �,3.�• ��- ` 4.J. d I • t g 4 N w {{fi1iN N_ I N N n.3 o �+s 9st Mi 11 mow izwe EXISTING s ECJ j DWELLING j CO lCON 10 1 1 1 14 1 POND 1 1 j I 1 µ�110 w tom t--f .. M .0„ ,, Ci)dt -Y 1 Martin &June Kernutt Agenda Item 6 Page 5 Site Photo 4; ( 'a ,M� 4s � 'C tgr4 :Y rèci -,' ' < -4),ai .. , zt-, ,0 mit, 'NS. . .. - + ,� , sti� r ti /- iviktilii . ser .s- � -+w5.. fit'` '� .-.^ _ -'C. ` ter " Martin&June Kernutt Agenda Item 6 Page 6 Disclosure Statement Woo Virginia Beach APPLICANT'S NAME Martin &June Kemutt DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include,but are not limited to,the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board • The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page 1 of 7 Plannin Commission and City Council meetin thatpertains to the a licatlon s. ID APPLICANT NOTIFIED OF HEARING DATE: I _ ® NO CHANGES AS OF DATE: 05.11.2020 hDao REVISIONS SUBMITTED _ DATE: Martin &June Kernutt Agenda Item 6 Page 7 Disclosure Statement lB Virginia Beach iZ(Check here if the APPLICANT IS NOT a corporation, partnership, firm, business,or other unincorporated organization. 0 Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. ��„„ �}- (A) List the Applicant's name: 3\n -ALL �1� If an LLC,list all member's names: If a CORPORATION, list the the names of all officers,directors, members, trustees, etc.below. (Attach list if necessary) , (B) List the businesses that have a parent-subsidiary i or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for Information pertaining to footnotes' and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. ET Check here if the PROPERTY OWNER IS NOT a corporation,partnership,firm, business,or other unincorporated organization. Check here if the PROPERTY OWNER IS a corporation,partnership,firm, business,or other unincorporated organization,AND THEN,complete the following. (A) List the Property Owner's name:_ If an LLC,list the member's �L ke.rnu{} F ,ky Re‘foca.bke L,•i try Truii names: LJ Page 2 of 7 Martin &June Kernutt Agenda Item 6 Page 8 Disclosure Statement ,sryl� Virginia Beach If a Corporation,list the names ofall officers,directors, members,trustees, etc. below: (Attach list if necessary) �l�r�-�n VC-Cs c\uJ 1 >Trt fee ��•f�✓ ke�nk..)ii (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 1 "Parent-subsldiary 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 (ill) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship Include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis: or there is otherwise a close working relationship between the entitles."See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operatingor to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Martin &June Kernutt Agenda Item 6 Page 9 Disclosure Statement NB APPLICANT Virginia Beach YES NO ' 1 SERVICE 1 PROVIDER(use additional sheets if needed) k Accounting and/or preparer of your tax return xl Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than >, the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed ' k(..Q,•—•_'C �?..- t I‘ I 7 purchaser of the subject property (identify purchaser(s)and SEA purchaser's service providers) _c\'e_(Soii< - t t ! . 4 nU Construction Contractors A Engineers/Surveyors/Agents Financing(include current K mortgage holders and lenders selected ar being considered to provide financing for acquisition or construction of the property) I I .( Legal Services Real Estate Brokers/ Lvr•'"ei A �'%"'e'Clc l , I I I Agents/Realtors for current and anticipated future sales of the �� , subject property 4 4 SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? If yes,what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Martin &June Kernutt Agenda Item 6 Page 10 Disclosure Statement VB, Virginia Beach, CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. __ .JL.n e 7; 1�c_rn..c�-E' 2.I6/2o APPLICANTS SIGNATURE PRINT NAME DATE x771 2 KLr'ncc* F2rn:Iy RevccQ,61e Lrvr, fc ----ri-us4 /. W C�L,c�,;4f y,Pdsr ,C ?( 9„.,,,tt, -I. ,,, eJt,,,,,„,76, , ,-.) -4-<, -ce.) Page 5 of 7 Martin &June Kernutt Agenda Item 6 Page 11 Disclosure Statement OWNER Virginia Beach YES NO SERVICE I PROVIDER(use additional sheets if J needed) El b'] Accounting and/or preparer of your tax return n Architect/Landscape Architect/ t� Land Planner _ Contract Purchaser(if other than • ❑ the Apolicant)-Identify purchaser and purchaser's service providers Any other pending or proposed f..4JrN 4 Ckaakse n n purchaser of the subject property pe L 1 (iufy purchaser(s)and --Woe— ,. t1�� SS� purchaser's service providers) ►�3� O Construction Contractors ElEngineers/Surveyors/Agents Financing(include current GI Il mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Legal Services Real Estate Brokers/ L`� )--\ ��Ct t ❑ Agents/Realtors for current and anticipated future sales of the subject property _ • -* SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have n ® an interest in the subject land or any proposed development contingent on the subject public action? If yes,what Is the name of the official or employee and what is the nature of the interest? Page 6 of 7 Martin &June Kernutt Agenda Item 6 Page 12 Disclosure Statement Virginia Be— CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. /Mei,J 2)ad* 2 4-2e PROPERTY OWNER'S SIGNATURE PRINT NAME DATE -r/ �/ r' t ,e 'f" ee.r n u_-44- 2i4.I�.o IIi'e. Ke_re Lt.-F`` ra.m;(y Re_ e. 1-i yrn as+. W ,5L Page 7 of 7 Martin &June Kernutt Agenda Item 6 Page 13 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision, the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Martin &June Kernutt Agenda Item 6 Page 14 Item#6 Martin and June Kernutt Subdivision Variance 1413 Mill Landing Road March 11,2020 RECOMMEND FOR APPROVAL - CONSENT Mr. Redmond: The next item on the agenda is agenda item number six. This is an application of Martin & June Kernutt for subdivision variance, section 4.4 B of the subdivision regulations on property located at 1413 Mill Landing Road in the Princess Anne District. Welcome, sir. Come on forward. Would you state your name for the record,please? Mr. Kernutt: Martin Kernutt. Mr. Redmond:You've seen the conditions. Are they acceptable to you? Mr. Kernutt: Yeah. Mr. Redmond:Okay. Anything else you'd like to add? Mr. Kernutt: I was just wondering if this could be passed on the city council as quick as possible, because I've had a contract on the house for 90 days. And I was unaware of this for the last 44 years. So it's put me in quite a bind with the buyers. Mr. Redmond:Yes, we are approving it by consent, it next moves to the city council agenda staff can probably give you some guidance as to when it would be on the city council agenda. Mr. Kernutt: They're just time is the essence right now. Mr. Redmond:Understood. Ms. Smith: Excuse me, Mr. Chair. We are expediting this to the April 7 City Council meeting to try and help you with your issue. Mr. Redmond:All right. You can take a seat. Thank you. Is there any opposition to this matter being placed on the consent agenda? Chairman has asked Commissioner Inman to summarize this application. Mr. Inman: Thank you, Mr. Redmond. This is again it's a subdivision variance and it arises is that on Mill Landing Road on the county, what happened is that this property was existed since 1974 by deed created this lot by deed and there was no subdivision plat done on current law,there has to be a subdivision plat in order to have a proper conveyance of the property to anyone. So, the subject parcel is consistent in size and similar development pattern to other parcels along this portion of Mill Landing Road. The proposed subdivision variance will properly record the parcel with a single-family dwelling that was constructed in 1976. And since the parcel cannot be further subdivided due to floodplain and rural area regulations, the character of the area will not be altered by this request. Based on these considerations, the staff recommended approval and we've put it on the consent agenda and under the condition that there will be a subdivision plat submitted and approved and recorded. Mr. Redmond:Thank you Commissioner Inman Ms. Cartwright: Vote is open. Ms. Sandloop: By recorded vote of 8-0, agenda items 1, 2, 3, 5, 6, 14, 15, 16, 17, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 41 and 43 with Mr. Alcaraz abstaining from items 23, 24, 25 and 26 have been approved by consent. AYE (8) NAY (0) ABS (0) ABSENT(3) Alcaraz AYE* Barnes ABSENT Coston AYE Graham ABSENT Horsley AYE Inman AYE Klein AYE Oliver ABSENT Redmond AYE Wall AYE Weiner AYE *Commissioner Alcaraz abstain from items 23,24, 25, and 26. CONDITIONS: 1. The applicant/owner shall submit a subdivision plat with the City of Virginia Beach Planning Department. Said plat shall be subject to the review and approval of the Department of Planning &Community Development, and plat shall be recorded with the City of Virginia Beach Circuit Court Clerk's Office within 180 days from the date of City Council action. co rti , '''..i .411.. ..0 Ni 1 I t - '' ,7 if _____,s' --: ):?Q > N\111. dr-IN4 .t,:s, c's ,;,z. ' Li , © o 1 VO o © r I 11J . ‘-'- .4./Ci!"'' s. COII ` M tr .�c n co W 1 —\,....----C-----°T \ . ' . t--,.; 1:._ .: a co Sill 1 ...-7 .it : '6N/N:IIISI, 17) co 'ill<NN::, '' ,, N. i ,1 i ..e.:\ )'-' ) N):. t . _,_, 5 4,, i . \ `._., i ,iII' ,„, ._ . , :illi,4,N , , _ a .... 4 c, ,,...9.,\ i ) --___ 9 e ii,,,,„...:::::„, , --____--- \ccs,-,>7 -,„ . > c., \ : ,, , . ,. . , , , , 0. 8 .,.s __.__. _.,,,.. ... . . .4-0,1\ \la, J 7. j ?' 'b III a� p II \' \<-.. _ II :, N r N ?i UM= .\ r r ' a, toN.Lr.:-I."' V" 14 `� oi! 2/1111-6:-.11LI!.17411:9-,-V:,(2%c,.:M='--1.:°"--L'. to r �` r' C/ ! 4.0 o F Q n C ! '' 0 am , -� I . t I !II / �� C I1 {-NN!� .() 0 M ' W 6C6. Cl) Zn 5' � Q ti� t'ti 5 > te II ,,,i I - i . AP, f O f - If c I ! f C C_ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: FRANKLIN JOHNSTON GROUP MANAGEMENT & DEVELOPMENT, LLC [Applicant] SECURITY STORAGE & VAN COMPANY OF NORFOLK, VIRGINIA, INC. [Property Owner] Conditional Change of Zoning (I-1 Light Industrial District to Conditional A-36 Apartment District) for the property located at 4545 South Boulevard (GPIN 1477517149). COUNCIL DISTRICT — ROSE HALL MEETING DATE: June 2, 2020 • Background: This application was deferred by the City Council on February 18, 2020 to the March 17, 2020 public hearing in order for the property to be properly posted; however, the March 17th meeting was cancelled. The applicant proposes to rezone the 4.90-acre property from I-1 Industrial District to Conditional A-36 Residential District for the development of up to 160 multi-family apartment units. The submitted Conceptual Layout depicts five, five-story multi-family buildings, a two- story clubhouse building, and an outdoor swimming pool. Following the Planning Commission hearing, a modification to the clubhouse was submitted to Staff that depicts a taller three-story clubhouse interior to the site. The clubhouse footprint was modified from an "L-shaped" building to a rectangular structure, thereby enabling four additional parking spaces, a small increase of interior parking lot landscaping adjacent to the building. In Staffs view, these minor changes that are not well seen from the rights-of-way were not deemed significant. The architectural elevations depict a contemporary design with textured veneer masonry, pre-finished metal siding, and fiber cement panel siding. The applicant is requesting to deviate from the 30-foot front yard setback required in the A-36 Apartment District and construct the apartment buildings as close as 10 feet from the property line along South Boulevard. The revised Conceptual Layout depicts 311 parking spaces, which exceeds the parking requirement by 18 spaces. A community identification sign is proffered to be a monument-style sign, not exceeding eight-feet in height, with similar construction materials as the proposed buildings. While not required, a 25-foot wide Category II buffer is proposed along the eastern property line abutting an office building. Category II typically includes evergreen plants reaching a mature height of 20 feet. The required streetscape and foundation plantings are depicted on the concept plan for the full length of South Boulevard. Franklin Johnston Group Management & Development, LLC Page 2 of 2 ■ Considerations: While in the Suburban Area, the deviation to the setback was deemed acceptable by both Staff and the Planning Commission, as the property is adjacent to the Pembroke SGA, where development with a zero setback from the right-of-way is encouraged. Development within this area focuses on creating and maintaining great neighborhoods by enhancing the existing neighborhood through compatibility with surroundings, quality and attractiveness of site and buildings, and effective buffering to the surrounding uses. While the proposal will result in a density of approximately 33 units to the acre, the rezoning to the apartment district will remove the existing industrial zoning that is less compatible with nearby uses, including a church and apartments. The proposed contemporary building design is attractive and of high quality, and the clubhouse and swimming pool will provide the tenants with on-site recreational amenities. One point of vehicular ingress and egress is proposed along South Boulevard, which is well under capacity according to data provided by Public Works/Traffic Engineering, and can accommodate the increase in traffic generation. Thorough consideration has been given to the site layout to allow for ease of site circulation and emergency apparatus access. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff report. There was one speaker in opposition at the Planning Commission public hearing whose comments focused on flooding issues associated with South Boulevard and traffic, primarily at the South Boulevard and S. Independence Boulevard intersection. ■ Recommendations: The Planning Commission passed a motion to recommend approval of this request by a vote of 9-0. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Proffer Agreement Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department ; City Manager: "\B Applicant Franklin Johnston Group Management & Development, Agenda Item LLC Owner Security Storage & Van Company of Norfolk, Virginia, Inc. Public Hearing January 8, 2020 4 City Council Election District Rose Hall Virginia Beach Request Conditional Rezoning (I-1 Industrial District to Conditional A-36 Apartment District) talbaiosi Staff Recommendation .........1Appval i Sta:10onerf Plan t410111111 '''' ''''':-le,-0, --4,---,_ "'f ' -. Location NTIIIINer xi" 4545 South Boulevard GPIN d,'' ir 1477517149 Site Size �r04.90 acres , AICUZ -- 4+14INII 't / Less than 65 dB DNL / Watershed Chesapeake Bay Existing Land Use and Zoning District Warehouse/ 1-1 Light Industrial zr Surrounding Land Uses and Zoning Districts An--... � ,, _ North ' z. j South Boulevard Office / I-1 Light Industrial - • t South . - • . Cemetery, office/ I-1 Light Industrial r East � '� ® 1' Office/ 1-1 Light Industrial ,-"t • - ' ` x _ West '� {`� ' \ Cemetery/ I-1 Light Industrial , , Franklin Johnston Group Management & Development, LLC Agenda Item 4 Page 1 Background and Summary of Proposal • The applicant is proposing to rezone the subject property from I-1 Industrial District to Conditional A-36 Residential District for the development of up to 160 multi-family units. • The 4.90-acre property is on the outer perimeter of the Pembroke Strategic Growth Area (SGA) and is developed with a warehouse and small office buildings. • The site borders South Boulevard to the North, a cemetery to the southwest, and an office building to the east. Surrounding uses are office buildings, a church, and apartments. • The submitted Conceptual Layout depicts five, five-story multi-family buildings, a two-story clubhouse building, and an outdoor swimming pool. A community identification sign is also depicted on the plan and is proffered to be a monument-style sign, not exceeding eight-foot in height, with similar construction materials as the proposed buildings. • As the site is located adjacent to the Pembroke SGA that encourages development with a zero setback from the right-of-way, the applicant is requesting to deviate from the 30-foot front yard setback required in the A-36 Apartment District and construct the apartment buildings as close as 10 feet from the property line along South Boulevard. • As required, the Conceptual Landscape Layout on page 9 of this report depicts a 25-foot Category II buffer along the property line abutting the office building parcel to the east, zoned I-1, and streetscape plantings along South Boulevard. The proposed landscaping appears to meet the requirements of the Zoning Ordinance; however, a more detailed review of all screening and planting requirements will occur during the final site plan review. • The elevation on page 8 of this report depicts the buildings to be a contemporary design style with textured veneer masonry, pre-finished metal siding, and fiber cement panel siding. The two-story clubhouse located at the center of the development is proffered to be of a similar design and building materials. • The submitted Conceptual Layout depicts 307 parking spaces, which exceeds the parking requirement by 14 spaces. • A Phase I Environmental Site Assessment was completed on September 3, 2019, and revealed no evidence of recognized environmental conditions (RECs)1 connected with the property 1 ASTM E1527 defines "recognized environmental conditions" as the presence or likely presence of any hazardous substances or petroleum products in,on,or at a property:(1)due to a release to the environment; (2) under conditions indicative of a release to the environment;or(3) under conditions that pose a material threat of a future release to the environment. Franklin Johnston Group Management & Development, LLC Agenda Item 4 Page 2 i z B-3 So,1l, w.v,w _... Zoning History o # Request '�/ B=2 1 CRZ(A-18 to Conditional A-36)Approved 10/08/2013 2 MOD(Addition to Religious Use)Approved 07/17/2007 MOD(Addition to Religious Use)Approved 03/22/2005 F4� I` ''� CUP(Religious Use)Approved 09/13/1995 -36* Ir B-2 `\ fj / / 2/ Application Types CUP—Conditional Use Permit MOD — Modification of Conditions or FVR—Floodplain Variance REZ—Rezoning Proffers ALT—Alternative Compliance LUP—Land Use Plan CRZ—Conditional Rezoning NON—Nonconforming Use STR—Short Term Rental SVR—Subdivision Variance STC—Street Closure Evaluation and Recommendation The proposed rezoning for the construction of up to 160 multi-family units, in Staff's opinion, is consistent with the Comprehensive Plan's vision for the Suburban Area. Development within this area focuses on creating and maintaining great neighborhoods by enhancing the existing neighborhood through compatibility with surroundings, quality and attractiveness of site and buildings,and effective buffering to the surrounding uses.There is a multi-family development to the west of this proposed development and the surroundings uses include office and religious use.While the proposal will result in a density of approximately 33 units to the acre,the rezoning to the apartment district will remove the existing industrial zoning that is a less compatible with the nearby church and apartments. Staff finds the proposed contemporary building design style to be attractive and to be of good quality.Thorough consideration has been given to the site layout to allow for ease of site circulation and emergency apparatus access. In addition,the clubhouse and swimming pool will provide the tenants with on-site recreational amenities. As stated above,the applicant is requesting a deviation to the front yard setback requirement for this development. Considering the site is adjacent to the Pembroke SGA, where developments are encouraged to have a 0-foot setback from the right-of-way, and there is no plan to widen this portion of South Boulevard in the Master Transportation Plan, Staff is agreeable to the applicant's request to develop this property with a reduced front yard setback from 30 to 10 feet. While the proposed development does increase the number of vehicular trips along this portion of South Boulevard above the existing zoning by three-fold,South Boulevard is well below its capacity. The submitted Landscape Plan has been reviewed by Staff and appears to meet the requirements of the Zoning Ordinance.As proposed,the development will have adequate parking. In addition,the submitted Lighting Plan shows the lighting source to be shielded and contained on-site. Information provided by the Virginia Beach City Public Schools Staff indicates that the proposed development is well within the threshold for increases in student population. Based on the considerations above,Staff recommends approval of the rezoning request for the development of up to 160 multi-family units with the reduced front yard setback to 10 feet and subject to the submitted proffers below. Franklin Johnston Group Management& Development, LLC Agenda Item 4 Page 3 Proffers The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement(CZA).The applicant, consistent with Section 107(h)of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to"offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. Proffer 1: When developed,the Property shall be developed in substantial conformity with the conceptual site plan entitled "SOUTH BLVD SITE—Conceptual Layout", dated October 24, 2019,and prepared by Timmons Group (the "Concept Plan"),a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. Proffer 2: The quality of architectural design and materials of the multifamily residential buildings constructed on the Property, when developed, shall be in substantial conformity with the exhibit prepared by Cox, Kliewer&Company, P.C., entitled "South Blvd.", and dated October 25, 2019 (the "Elevations"), a copy of which is on file with the Department of Planning and has been exhibit to the Virginia Beach City Council. Proffer 3: Landscaping installed on the Property,when developed, shall be in substantial conformity with that shown on the exhibit prepared by Timmons Group, entitled "SOUTH BLVD SITE—Conceptual Landscape Plan", and dated October 24, 2019(the "Landscape Plan"), a copy of which is on file with the Department of Planning and has been exhibit to the Virginia Beach City Council. The exact species of the various types of landscaping shall be determined at final site plan review. Proffer 4: The number of multifamily residential units located on the Property, when developed, shall not exceed a total of one hundred sixty(160). Proffer 5: The community identification sign shall be a monument-style sign not exceeding eight (8)feet in height and the design and the materials used for the sign will be compatible with the building materials and Elevations submitted with this application. Proffer 6: The community clubhouse for this development shall be located substantially where shown on the "Concept Plan". The community clubhouse will be a two-story building and the design and building materials will be compatible with the building materials and design of the building Elevations submitted with this application.The final elevations of the community clubhouse will be subject to approval of the Planning Director. Proffer 7: Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. Staff Comments: Staff has reviewed the Proffers listed above and finds them acceptable. The City Attorney's Office has reviewed the agreement and found it to be legally sufficient and in acceptable legal form. Franklin Johnston Group Management& Development, LLC Agenda Item 4 Page 4 Comprehensive Plan Recommendations The Comprehensive Plan designates the subject property as Suburban Area.The general planning principles for the Suburban Area focus on creating and maintaining great neighborhoods through stability and sustainability; protecting and enhancing open spaces and places of cultural and historical significance; and creating and maintaining a transportation system that provides connectivity and mobility.Achieving these goals requires that all land use activities either maintain or enhance the existing neighborhood through compatibility with surroundings, quality and attractiveness of site and buildings, improved mobility, environmental responsibility, livability, and effective buffering with respect to type, size, intensity and relationship to the surrounding uses. Natural and Cultural Resources Impacts The site is located in the Chesapeake Bay watershed.As the site is fully developed with a warehouse and office building and associated parking,there does not appear to be any significant natural or cultural features associated with the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic South Boulevard 5,080 ADT1 8,700 ADT 1 LOS 4"D„) Existing Land Use 2—372 ADT Proposed Land Use 3-1,170 ADT lAverage Daily Trips gas defined by a warehouse use 3as defined by 160 apartments °LOS=Level of Service Master Transportation Plan (MTP) and Capital Improvement Program (CIP) South Boulevard is considered a two-lane collector street.There is a CIP planned for this segment of the roadway; however,South Boulevard at the connection to Independence Boulevard may be impacted by improvements associated with the 1-64/Independence Boulevard interchange improvements project.This project is still in the study phase and currently there is no funding allocated for construction. Public Utility Impacts Water and Sewer The subject site is served by City water and sanitary sewer services. School Impacts School Current Enrollment Capacity Generation 1 Change 2 Windsor Woods Elementary 353 396 16 16 Independence Middle 1,281 1,181 7 7 Princess Anne High 1,732 1,835 7 7 "Generation"represents the number of students that the development will add to the school. 2"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). Franklin Johnston Group Management& Development, LLC Agenda Item 4 Page 5 The proposed development will meet the school capacity level for the Elementary and High Schools. Independence Middle School is currently over capacity by 100 students. The proposed development will increase the overall capacity by 1%from 108%to 109%. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on December 9, 2019. • As required by State Code, this item was advertised in the Virginia Pilot Beacon on Sundays, December 22, 2019, and December 29, 2019. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on December 20, 2019. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of www.vbgov.com/pc on January 2, 2020. City Council • As required by City Code,this item was advertised in the Virginia Pilot Beacon on Sundays, May 17, 2020 and May 24, 2020. • 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 May 18, 2020. • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on May 29, 2020. Franklin Johnston Group Management & Development, LLC Agenda Item 4 Page 6 Proposed Site Layout I s." a Go Me W ! \ �, Z . i, ; Z Z V rc 0 y Z a. f Q U LL r j \� a � zz r O a W O [a� G Y Y Nitiz ., ¢m a 1 6 / _ _ f , I - a k1 ; / ') I .` \ "._ 1 ARI. 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TF z e 14 4 �� • f'• I 6 1 Franklin Johnston Group Management & Development, LLC Agenda Item 4 Page 12 Disclosure Statement Ory or Virginia Beach APPLICANT'S NAME Franklin Johnston Group Management&Development, LLC DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Changes Exce tion for (EDIP) Board of Zoning Encroachment Request Rezoning A eats Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board • ♦ The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • ♦ SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page 1 of 7 Plannin;Commission and City Council meetinn that_ertains to the applicatlon(s). (] APPLICANT NOTIFIED OF HEARING DATE: 12" NO CHANGES AS OF DATE WO 4fto20 0 REVISIONS SUBMITTED DATE Franklin Johnston Group Management & Development, LLC Agenda Item 4 Page 13 Disclosure Statement (try ra Virginia Beach Check here if the APPLICANT IS NOT a corporation, partnership, firm, business,or other unincorporated organization. Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:Please see attached. If an LLC, list all member's names: Please see attached. If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) N/A (B) List the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) Please see attached. See next page for information pertaining to footnotes' and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. ❑ Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the PROPERTY OWNER iS a corporation, partnership,firm, business,or other unincorporated organization,AND THEN,complete the following. (A) List the Property Owner's name: ""h'Storage&Van Company of Norfolk,Virginia,Inc, If an LLC, list the member's names:N/A Page 2 of 7 Franklin Johnston Group Management& Development, LLC Agenda Item 4 Page 14 Disclosure Statement Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) N/A 1 "Parent subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation.' See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent subsidiary relationship, that exists when (i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101. • • SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Franklin Johnston Group Management & Development, LLC Agenda Item 4 Page 15 Disclosure Statement V13 APPLICANT Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) X— Accounting and/or preparer of your tax return Architect/Landscape Architect/ Cox,Kliewer&Company,P.C. Land Planner Contract Purchaser(if other than njX the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed n IT purchaser of the subject property (identify purchaser(s)and purchaser's service providers) C x Construction Contractors X Engineers/Surveyors/Agents Timmons Groups Financing (include current X mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ❑ Legal Services Troutman Sanders LLP Real Estate Brokers/ Colliers International Virginia,LLC nn Agents/Realtors for current and anticipated future sales of the subject property 4 SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have II ii an interest in the subject land or any proposed development u A. [contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Franklin Johnston Group Management & Development, LLC Agenda Item 4 Page 16 Disclosure Statement Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA !meeting, or meeting of any public body or committee in connection with this 'Application. _ rY,. 10/30/19 APPLICANT'S 5 GN TURE PRINT NAME DATE Page 5 of 7 Franklin Johnston Group Management & Development, LLC Agenda Item 4 Page 17 Disclosure Statement \B OWNER Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) ❑ Z Accounting and/or preparer of your tax return O E Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than❑ ® the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed 0 71 purchaser of the subject property (identify purchaser(s)and purchaser's service providers) nE Construction Contractors - O > Engineers/Surveyors/Agents Financing(include current ❑ n mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) • nLegal Services The Jones Firm,PLC Real Estate Brokers/ Colliers International Virginia,LLC Iv? Agents/Realtors for current and �/�l anticipated future sales of the subject property • • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ® an interest in the subject land or any proposed development contingent on the subject public action? If yes,what is the name of the official or employee and what is the nature of the interest? N/A Page 6 of 7 Franklin Johnston Group Management& Development, LLC Agenda Item 4 Page 18 Disclosure Statement Vii Virginia Beach 1 CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. !I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VEDA meeting, or meeting of any public body or committee in connection with this Applic Lion. _ R OWNER'S 1 ATURE PRINT NAME DATE L I - Page 7 of 7 Franklin Johnston Group Management & Development, LLC Agenda Item 4 Page 19 Next Steps • Upon receiving a recommendation from Planning Commission, this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision, the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Franklin Johnston Group Management & Development, LLC Agenda Item 4 Page 20 Item#4 Franklin Johnston Group Management& Development, LLC Conditional Rezoning(I-1 Light Industrial District to Conditional A-36 Apartment District) 4545 South Boulevard January 8, 2020 RECOMMENDED FOR APPROVAL Ms. Sandloop:Madam Chair our next item of business is item number 4, Franklin Johnston Group Management & Development, LLC, which is an application for conditional rezoning I-1 light industrial district to conditional A-36 Apartment District on property located at 4545 South Boulevard located in the Roosevelt District. Mr. Beaman: Madam Chair, members of the Commission for the record, my name is Rob Beaman, I'm a local land use attorney with the law firm Troutman Sanders here today on behalf of the applicant. It came to our attention during the informal session that there was a letter of opposition that was submitted to the planning department. �. I think there were two main issues that were discussed in that letter, one of which is stormwater and the other of which is traffic. With respect to traffic, I believe Mr. Lowman covered that in the informal that this right-of-way is well below current capacity and will remain below capacity when this development is completed. Additionally with respect to stormwater,as Mr. Redmond noted this will be the first time that this project has been submitted to a stormwater review by the city in the state and as a result of this project, the stormwater runoff will be reduced by about 20%, which is what I understand from our engineer. So, I think we're going to actually make both of these conditions better and with that, I respectfully request your approval of this project. Thank you very much. Ms. Oliver: Thank you. Ms. Sandloop:We have one speaker today. Chris Tipil. Ms. Oliver: Welcome. Mr. Tipil: My name is Chris Tipil and I'm here as a property manager and the owner's representative of 4525 South Boulevard, the South port building and 4455 South Boulevard, the Prison Plaza building. We are opposed to the zoning change for several reasons, but the two major ones are flooding. There are already existing flooding issues directly on South Boulevard by the property in question, in front of 4560 South Boulevard, the South Gate Center even with moderate rain, it already floods becomes impassible. There are times where cars have to cut through the parking lot of 4560 just to get through that street. It was moderately flooded 1 yesterday during the rain that we had. And second was the traffic on South Boulevard where South Boulevard meets Independence,it is right turn only. There are many times during the day we have to wait for several light cycles just to get on Independence Boulevard. The other option if you want to make a left on Independence was either cut through the Independence Business Center, or Edwin Drive again several light cycles and many times during the day, especially during rush hour are needed to exit. There are days where it's four and five light cycles during rush hour. You have to wait for the light to get out of there. But our main concern is the flooding in the area. It has been a problem for many, many years. We don't see this project or this change in zoning,making it any better. It can only make it worse. Thank you. Ms. Oliver: Thank you. You would like to speak on that in a little more depth. Mr. Beaman: Yes, man. Just one more thing to add on the stormwater, we will also be installing curb and guttering along South Boulevard which should also help ameliorate any flooding issues within the right-of-way. Thank you. Ms. Oliver: Great, thank you. Does anybody have any questions? Thank you very much. Ms. Beaman: Thank you. Ms. Oliver: Any more speakers? Ms. Sandloop:No. Ms. Oliver: We are gonna close the hearing now and just open it up amongst the commissioners. Anybody have anything? Mr. Wall: I'll say few things. Yeah, I'm in favor of the project. It's expected that the flooding will be looked at and scrutinized very, very closely with the Development Services Center. So it's, you know, I feel that that will be addressed and that it will not be at least a minimum exacerbated by the new development. As for the traffic, I'm sure that you will generate additional traffic, you know, but it was fairly well addressed by traffic engineering in the informal and that, I think South Boulevard was the collector and with connecting to the major primary roadways and being at Independence, you know, adjacent to it and then the right onto 264. So I can't see where it's not going to generate more traffic, I mean that's certainly will be the case. And it's expected that the drainage will be addressed. So I'm in favor of the project. Ms. Oliver: Great, yes. Mr. Redmond:I agree with Jack. I mean, the stormwater is, I mean, there's opinions and there's facts and when you add stormwater control facilities to properties that don't have 2 them, flooding gets better. And with regard to traffic, you have to go there, South Boulevard is not busy by any kind of standard. If you travel up and down South Boulevard,there just aren't a lot of cars on it. And I do, I have no doubt that at peak travel times at 4:45 or 5:15, you might wait more than one light cycle, you will at any intersection in the city because it's 5 o'clock. That's just the way the world works. So I don't really find that to be, I don't find that to be something that really animates me on this. This is a really attractive building. It's a very appropriate use, I think for this piece of property. It is no, you know, it's not the prom queen today and in its place, I think is going to be a very attractive, very high quality residence for people who are probably going to enjoy the amenities that they have including the YMCA, and the park and the proximity to Town Center and all of the things at this part of the city offer so I think it has a benefit and I look forward to supporting it and so I do agree with Mr. Wall, thank you. Ms. Oliver: Thank you. Yes. Mr. Graham: I agree as well and I will be supporting it. This is a property that is very, very visible from the interstate when you're coming into Virginia Beach. And I think this is a great, great reuse of this property, it's going to be attractive. It's going to provide, you know, people that can shop at Town Center. People that hopefully, you know,work in the Town Center will have a place to live,you know,potentially could work at the office building across the street, but I think this is a great reuse. I think it's very attractive and I'll be supporting it. Ms. Oliver: Great, anybody else? Can I have a motion? Mr. Wall: Madam Chair, I would make a motion that we approve agenda item number four. Mr. Redmond:I second. Ms. Oliver: All right. Ms. Sandloop:The vote is open. By recorded vote of 9-0, agenda item number 4 has been approved. Our next item of business is agenda item number eight, 7-Eleven Incorporated, an application for a conditional use permit automobile service station on property located at 2205 Princess Anne Road located in the Princess Anne District. 3 AYE 9 NAY 0 ABS 0 ABSENT 0 ALCARAZ AYE BARNES AYE GRAHAM AYE HORSLEY AYE INMAN AYE OLIVER AYE REDMOND AYE WALL AYE WEINER AYE PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. Proffer 1: When developed, the Property shall be developed in substantial conformity with the conceptual site plan entitled "SOUTH BLVD SITE—Conceptual Layout", dated October 24, 2019, and prepared by Timmons Group (the "Concept Plan"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. Proffer 2: The quality of architectural design and materials of the multifamily residential buildings constructed on the Property, when developed, shall be in substantial conformity with the exhibit prepared by Cox, Kliewer& Company, P.C., entitled "South Blvd.", and dated October 25, 2019 (the"Elevations"), a copy of which is on file with the Department of Planning and has been exhibit to the Virginia Beach City Council. Proffer 3: Landscaping installed on the Property, when developed, shall be in substantial conformity with that shown on the exhibit prepared by Timmons Group, entitled"SOUTH BLVD SITE— Conceptual Landscape Plan", and dated October 24, 2019 (the "Landscape Plan"), a copy of which is on file with the Department of Planning and has been exhibit to the Virginia Beach City 4 Council. The exact species of the various types of landscaping shall be determined at final site plan review. Proffer 4: The number of multifamily residential units located on the Property, when developed, shall not exceed a total of one hundred sixty (160). Proffer 5: The community identification sign shall be a monument-style sign not exceeding eight (8) feet in height and the design and the materials used for the sign will be compatible with the building materials and Elevations submitted with this application. Proffer 6: The community clubhouse for this development shall be located substantially where shown on the "Concept Plan". The community clubhouse will be a two-story building and the design and building materials will be compatible with the building materials and design of the building Elevations submitted with this application. The final elevations of the community clubhouse will be subject to approval of the Planning Director. Proffer 7: Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. Staff Comments: Staff has reviewed the Proffers listed above and finds them acceptable. The City Attorney's Office has reviewed the agreement and found it to be legally sufficient and in acceptable legal form. 5 f _-1 t Q' jr' I c; seats d9e R "'.,,,,,,,,,,,,, \ ,. i .\'' CO ____-------__.. t n.'' - ,®,, LT 8 dad �� 4*# sea �� 8 \:,,,,, ., 1 , \A \.. ,,. \ \ C v- I tik , . ,, , ct •- 4 1 8 \\ %,. Niii, _Ale, f -::-, N.--,.., t6 ti 1N \ \ %o `59I _ co I� � 1 , j 777 r i Cu 4 1i1�11�� c ' .r ,, as = co 00 U s c° t� o _ ___________~`ter �� `�_ < t� c 2 co - * 4_, pp( Nlik% =\ .'"1,,, 't_ N -� r, o .c \Nr."' '''is.* �\ \ -_ oad _ 6:• o B; h Lake R , /�� o / = o N 1 W ��-'^ ors rzi -r— t r r—r—) r--) \ cu —Lfs' 7 , . '3 MI ,,,,_ D':./ ,--- me ----- ccu c ,_ C4 CO c Y ,_ ( r_--- _ ______ _it_____ _, ,_ 0 f7 - - i ian_io laAlfr4. ` yyl ..r u s) CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: JUDEO-CHRISTIAN OUTREACH CENTER, INC. [Applicant and Property Owner] Conditional Use Permit (Single Room Occupancy Facility) Modification of Conditions (Group Home) on property located at 1049 and 1053 Virginia Beach Boulevard (GPINs 2417652620, 2417653527), COUNCIL DISTRICT — BEACH MEETING DATE: June 2, 2020 • Background: This request was scheduled for the March 17, 2020 City Council agenda; however, that meeting was cancelled. n October 1988, the subject property was rezoned from B-2 Community Business to A-12 District and a Conditional Use Permit for a Group Home was approved. Several modifications and expansions have been granted in the intervening years, most recently in April 2000. The applicant is now requesting a Conditional Use Permit for a Single Room Occupancy (SRO) Facility to permit a new building containing 38 single room units, administration space, and kitchen/dining hall. As the existing kitchen/dining hall was approved as part of the Conditional Use Permit for a Group Home, a Modification of Conditions is requested to continue to serve food to the public. Redevelopment of the site will occur in two phases to ensure continuation of operations during construction. The first phase will include demolition of the existing men's dormitory and construction of the new three-story building comprised of 20,644 square feet. The second phase will include demolition of the existing administration building and the construction of a 24-space parking lot. The Zoning Ordinance requirement is 38 spaces. In support of the reduction, the applicant has provided a parking narrative stating that many residents do not own an automobile. • Considerations: The site is located within the area covered by the Resort Area Strategic Action Plan (RASAP), which is adopted by reference in the Comprehensive Plan. While the plan is silent on the nature of the use, the JCOC is an established entity and provides a valuable community service. The current aging facilities need Judeo-Christian Outreach Center, Inc. Page 2 of 5 replacement. The proposed new facility will ensure that their current programmed services will continue, as well as allow the JCOC to take advantage of new grant programs available to reach even more of the disadvantaged in the community. The redevelopment of the property will establish affordable housing for the single homeless population, provide new kitchen/dining hall space to accommodate food services for the community, and new administrative office space to operate more efficiently. The proposed site design provides generous setbacks from Virginia Beach Boulevard, enough space for circulation of vehicles and queuing of visitors waiting for services, adequate buffering from adjacent properties, amenity space for residents, and the opportunity to improve pedestrian connectivity with the installation of a new sidewalk along the property frontage. Further details pertaining to the request, as well as Staff's evaluation, are provided in the attached Staff Report. There were 21 speakers at the Planning Commission public hearing, 10 of whom were opposed or had concerns about certain elements of the applications. Most of these concerns focused on the Modification of Conditions request to continue serving food to the public and the perceived correlation to public safety and security, as well as the potential impact on redeveloping the 17th Street corridor. The Planning Commission also heard from Andy Friedman, the Director of Housing and Neighborhood Preservation, who spoke about the issues associated with homelessness, what the City is doing to address the problem, and JCOC's contributions as a partner with the City in the operation of the Housing Resource Center. The Planning Commission noted the significant contributions made by JCOC to the community and the benefits to be realized from the proposed new facility. However, the Planning Commission also recognized the significant citizen interest and concerns, particularly with respect to the serving of food to the public. During the Public Hearing, the Planning Commission noted concerns of the public regarding safety and operations and they recommend a condition that requires the implementation of a public safety and security plan to address citizen concerns. This plan would be developed with the assistance of the Virginia Beach Police Department. In addition, the Planning Commission is recommending a reduction in the hours of operation by which food can be served to the public from 9:00 p.m. to 8:00 p.m. to further mitigate impact. To address potential use or operational concerns of the public service of food, the Planning Commission is also recommending a condition that the Conditional Use Permit to serve food to the public expire in two years. This allows for the JCOC to operate for two years and to show that the operations will be positively impacted by the new building and they will be required to reapply for the Conditional Use Permit to continue to offer the public meals. The Planning Commission recommends approval with the modified conditions. Judeo-Christian Outreach Center, Inc. Page 3 of 5 • Recommendations: City Staff recommends approval of this request. The Planning Commission passed a motion to recommend approval of this request by a vote of 9-0. Recommended CUP SRO Conditions 1. No more than 50 Single Room Occupancy units shall be on site. 2. Site layout, improvements, and plantings shall be substantially as shown on the conceptual master plan and planting plan titled, "JUDEO-CHRISTIAN OUTREACH CENTER CAMPUS DEVELOPMENT" dated March 8, 2019, as prepared by WPL. Said drawings have been exhibited to the City Council and are on file in the Department of Planning. 3. The architectural design, colors, and materials for the proposed building shall be substantially as shown on the architectural elevations titled "JUDEO- CHRISTIAN OUTREACH CENTER dated August 26, 2019, by TS 3 Architects. Said drawings have been exhibited to the City Council and are on file in the Department of Planning. 4. All landscaping shall be maintained in good health. Any landscaping that fails to grow or is determined to be in poor health shall be replaced with a type and quantity of plantings that is similar to and meets the same intent as the plants shown on the Planting Layout referenced in Condition #1. Any replacement plantings shall be approved by the Development Services Center. 5. All mechanical equipment shall be screened year-round either architecturally or by landscaping or fencing such that it is not visible from the public right-of- way. 6. The applicant shall make all necessary standard right-of-way improvements with the development of this site. Improvements may include but are not limited to pavement widening, curb & gutter, and a new sidewalk. The new sidewalk shall be constructed with a minimum width of eight feet, or as otherwise approved by the Planning Department, to ensure compliance with the Resort Area Strategic Action Plan's recommendations with regard to pedestrian connectivity. Additional adjustments and requirements for right-of-way improvements may be applied as part of the final site plan review. 7. All signage on the site shall comply with the requirements of Sections 211, 212, 213, 214, 216 and 905 of the City Zoning Ordinance. A separate sign permit shall be obtained from the Zoning Division prior to the installation of any signage. Judeo-Christian Outreach Center, Inc. Page 4 of 5 8. The applicant shall implement a van shuttle program to transport Staff and volunteers from a satellite parking facility located at 401 West Lane to the subject property when necessary. 9. The applicant shall coordinate with the Virginia Beach Police Department on the creation and implementation of a safety and security plan. Said plan shall address not only the Judeo-Christian Outreach Center property but shall also consider properties in the vicinity. The plan must be accepted by the Virginia Beach Police Department prior to the issuance of the certificate of occupancy for the building. Recommended Group Home Conditions 1 . All the conditions associated with the Conditional Use Permit and Modifications of Conditions associated with the Group Home, dated, October 1989, February 1992, October 1993, October 1995 and April 2000, shall be deleted and replaced with the conditions below. 2. This Conditional Use Permit for the Group Home shall expire two years from the date of the Certificate of Occupancy. 3. Patrons awaiting food service shall be accommodated and served inside the building. 4. All food served to the public shall cease by 8:00 p.m. 5. A lighting plan shall be submitted during the site plan review process to ensure proper safety and security on the site. All lighting shall be directed away from the nearby residentially zoned property. 6. Site layout, improvements, and plantings shall be substantially as shown on the conceptual master plan and planting plan titled, "JUDEO-CHRISTIAN OUTREACH CENTER CAMPUS DEVELOPMENT" dated March 8, 2019, as prepared by WPL. Said drawings have been exhibited to the City Council and are on file in the Department of Planning. 7. The architectural design, colors, and materials for the proposed building shall be substantially as shown on the architectural elevations titled "JUDEO- CHRISTIAN OUTREACH CENTER dated August 26, 2019, by TS 3 Architects. Said drawings have been exhibited to the City Council and are on file in the Department of Planning. 8. All landscaping shall be maintained in good health. Any landscaping that fails to grow or is determined to be in poor health shall be replaced with a type and quantity of plantings that is similar to and meets the same intent as the plants Judeo-Christian Outreach Center, Inc. Page 5of5 shown on the Planting Layout referenced in Condition #1. Any replacement plantings shall be approved by the Development Services Center. 9. All mechanical equipment shall be screened year-round either architecturally or by landscaping or fencing such that it is not visible from the public right-of- way. 10.The applicant shall make all necessary standard right-of-way improvements with the development of this site. Improvements may include but are not limited to pavement widening, curb & gutter, and a new sidewalk. The new sidewalk shall be constructed with a minimum width of eight feet, or as otherwise approved by the Planning Department, to ensure compliance with the Resort Area Strategic Action Plan's recommendations with regard to pedestrian connectivity. Additional adjustments and requirements for right-of-way improvements may be applied as part of the final site plan review. 11 .All signage on the site shall comply with the requirements of Sections 211, 212, 213, 214, 216 and 905 of the City Zoning Ordinance. A separate sign permit shall be obtained from the Zoning Division prior to the installation of any signage. 12.The applicant shall implement a van shuttle program to transport Staff and volunteers from a satellite parking facility located at 401 West Lane to the subject property when necessary. 13.The applicant shall coordinate with the Virginia Beach Police Department on the creation and implementation of a safety and security plan. Said plan shall address not only the Judeo-Christian Outreach Center property but shall also consider properties in the vicinity. The plan must be accepted by the Virginia Beach Police Department prior to the issuance of the certificate of occupancy for the building. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department j► City Manager: L- S B SYKES, PORDON, A L AHERN LEVY, P.C. 4429 BONNEY ROAD ATTORNEYS AND COUNSELORS AT LAW JON M. AHERN SUITE 500 R. EDWARD BOURDON, JR. VIRGINIA BEACH, VIRGINIA 23462 JAMES T. CROMWELL L. STEVEN EMMERT TELEPHONE: 757-499-8971 MOLLY R. KISER KIRK B. LEVY FACSIMILE: 757-456 5445 March 5, 2020 MICHAEL J. LEVY` HOWARD R. SYKES, JR. DAVID M. ZOBEL *Admitted in Virginia and Washington DC Via Email&Hand Delivery The Honorable Mayor Robert Dyer Vice Mayor James Wood and Honorable Members of City Council c/o Amanda Barnes, City Clerk Office of the City Clerk City Hall Building#1, Room 281 Virginia Beach,Virginia 23456 Re: Applications of Judeo-Christian Outreach Center,Inc.for a Conditional Use Permit for a Single Room Occupancy Facility and a Modification of Conditions (Condition #6) of the existing Group Home Conditional Use Permit regarding the "New Building" housing the Food Pantry and Dining Hall Dear Mayor Dyer,Vice Mayor Wood and Members of City Council: On behalf of the Judeo-Christian Outreach Center, Inc., I write to advise that the legally required posting of Public Notification Signage on the J.C.O.C.property advising of the scheduled March 17, 2020 Public Hearing, for thirty (30) days in advance of such hearing failed to occur, due to maintenance staff having removed the signage to perform work on the fence and not reposting the signage. This oversight came to our attention on February 27, 2020 and through communication with Planning staff and the City Clerk, we have reposted the property with the necessary signage indicating that the Applications will be heard on Tuesday, April 7, 2020. I have also communicated with a number of the interested property owners who spoke at the Planning Commission Public Hearing to advise them that the applications cannot be heard on your March 17, 2020 Agenda and will be deferred until the April 7, 2020 City Council meeting. Due to the inadvertent failure to maintain the required posting of the property, we would formally request that these applications be deferred to your April 7, 2020 Public Hearing. S G SYKES, POURDON. A'L AH£RN&LEVY.P.C. The Honorable Mayor Robert Dyer Vice Mayor James Wood and Honorable Members of City Council March 5,2020 Page 2 With best regards, I am Very truly yours, and Bourdon,Jr. REBjr/arhm cc: Robert J.Tajan,Director,Department of Planning&Community Development Ronald H.Williams,Deputy City Manager B.Kay Wilson,Deputy City Attorney Andrew M.Friedman,Director,Housing&Neighborhood Preservation Karen Prochilo,Housing Development Administrator,Housing&Neighborhood Preservation Todd Walker,JCOC Billy Almond,WPL H:\AM\Mod of Conditions\Judeo Christian Outreach Center\Dyer_Ltr 3-05-2020.docx Applicant & Property Owner Judeo-Christian Outreach Agenda Items Center, Inc. 12 & 13 Public Hearing December 11, 2019 City Council Election District Beach Virginia Beach Request #12 Conditional Use Permit (Single Room Occupancy Facility) # 13 Modification of Conditions (Group j` T ' 'Home) t Staff Recommendation P ----S Approval "�- X ( Staff Planner I I I ; . Bill Landfair "" ter . Location t 1053 Virginia Beach Boulevard & 1049 Virginia Beach Boulevard 11111... GPINs ___. 2417652620; 2417653527 '*.,;y Site Size 0.33 Acres . „griffiti -3 AICUZ Greater than 75 dB DNL t ,,� _ Watershed 4d Atlantic Ocean Pt% i 1 'r.4 , / k. W" / - Zi • i .\ Existing Land Use and Zoning District ;_..-�'J f ; w�., Y Group Home/A-12 Apartment District , Surrounding Land Uses and Zoning Districts � w North '' -II n : '; . 4,+. Sportsplex Parking Lot/OR Oceanfront Resort • _• , — ;, South 0 E t lK ; Multi-family dwellings/A-18 Apartment i. East -- 4 "' Mixed commercial/ B-2 Community Business West ... Birch Lake Road Mixed commercial/ B-2 Community Business Judeo-Christian Outreach Center, Inc. Agenda Items 12 & 13 Page 1 Background and Summary of Proposal • In October 1988, the subject site was rezoned from B-2 Community Business District to A-12 Apartment District, and a Conditional Use Permit for a Group Home was approved. Subsequent modifications and expansions to the Conditional Use Permit were granted in October 1989, February 1992, October 1993, October 1995 and April 2000. • According to the application, the Judeo-Christian Outreach Center (JCOC) provides emergency housing to 30 men and 20 women (50 persons total) daily and serves over 44,000 annually. • The site is currently developed with four buildings, consisting of a men's dormitory, women's dormitory, administration building and cafeteria building. Due to age and maintenance issues, the men's dormitory has been condemned and is not currently operational. With the loss of this space, the JCOC currently uses one of their existing buildings as a men's dormitory. According to the applicant, a significant amount of capital is spent on the upkeep of the buildings, and a new facility is needed. • The applicant is requesting a Conditional Use Permit for a Single Room Occupancy (SRO) Facility to permit the construction of a new building containing 38 single room units, administration space, and kitchen/dining hall. The existing emergency, single-night housing currently provided in the dormitories will be replaced with an apartment-style building with up to 38 units where occupants will lease the units. As the existing kitchen/dining hall was approved as part of the Conditional Use Permit for a Group Home, a Modification of Conditions is requested for that component of the project to continue to serve food to the public. • Redevelopment of the site will occur in two phases to ensure continuation of operations during construction. Phase one will include the demolition of the existing men's dormitory and construction of the new building containing the single room units, administration space, and kitchen/dining hall. The second phase will include the demolition of the existing administration building and kitchen, and the construction of 24 parking spaces. • The applicant will have continued use of 17 of the existing on-site parking spaces during phase one of the project. Currently,the JCOC has ten full-time staff working on-site, 8:00 a.m. to 5:00 p.m., Monday through Friday, and as such, ten spaces will be dedicated to employee parking during these time frames. The seven remaining spaces will be available for visitors' use. Ultimately,the parking lot will have 24 spaces, 14 less than the requirement of 38, based on the Zoning Ordinance requirement of one space per unit. The applicant has provided a parking narrative in support of a reduction in parking on the basis that many of the residents do not own an automobile. A 42-inch high wall with plant material is proposed along the street frontage and will create a visible boarder that will aid in containing the activities on the site.The 24-space parking lot will be constructed with a permeable pavement system with a single point of ingress and egress along Virginia Beach Boulevard. Secured bicycle parking is a key component to the plan. Ten bicycle racks are proposed to be installed on the site. Other on-site amenities will include outdoor seating areas and garden plots for residents' use. • The new 20,644 square foot building will be three-stories in height. The first floor will accommodate the new administration space and kitchen/dining hall. The second and third floors will contain the residential units. In response to recent Staff comments,the applicant made modification to the building's facade to include reducing the overall mass of the building with the use of paint and changes in height. The building's architecture features contemporary clean lines with an emphasis on the horizontal elements of the facade.The building's first story is clad in a dark gray brick veneer and the upper stories are clad in a combination of exterior insulation finishing system (EIFS) in a cool gray finish, recessed in places to provide a shadow line. The accent color is a slightly brighter version of the JCOC blue color and will be carried around the building at the top banding. The primary entrance includes a large angular canopy that spans almost half of the building's length. Even though the entrance is technically recessed into the facade, it is visually very pronounced and typical of civic building Judeo-Christian Outreach Center, Inc. Agenda Items 12 & 13 Page 2 structures. The canopy will provide a human-scale element and detail in an area through which all Staff and visitors will pass. The stair tower at the northwest corner of the building creates an opportunity for a unique highlight that can be integrated into the building. Zoning History 1-12 . # Request 1 MOD Approved 04/25/2000 4 a D r MOD Approved 10/24/1995 1 2 \�,�\ n�Beg�, = 2 MOD Approved 10/26/1993 MOD Denied 10/27/1992 "13~ MOD Approved 02/11/1992 _2 'oN� MOD Approved 10/14/1989 Or I � f I`1 s ` _ r A 12 REZ (B-2 to A-12)Approved 10/10/1988 B Z 4- -r `�4. q-:12 CUP(Group Home)Approved 10/10/1988 1 `;\---1° 2 CUP(Truck Rental)Approved 02/28/1995 2 B-2A_12 3 NON Approved 6/27/1988 •Pz: A 18 CUP(Parking Lot Expansion)Approved 12/12/2002 'r;. ' s4rti ' 4 ALT Approved 03/17/2015 I . 5 MOD Approved 05/10/2011 CUP(Automobile Service Station &Car Wash)Approved 10/22/1988 Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Evaluation and Recommendation Conditional Use Permit -Single Room Occupancy Facility The proposed request for a Conditional Use Permit for a Single Room Occupancy(SRO) Facility is, in Staff's opinion, acceptable. While the Resort Area Strategic Action Plan, which is adopted by reference in the Comprehensive Plan, is silent on the nature of the use, the JCOC is an established entity and provides a valuable community service. The Comprehensive Plan strives to transform the resort area into a year-round, world class urban resort destination that transitions into a vibrant diverse neighborhood. In Staff's view, a diverse neighborhood includes diversity in price points as well as diversity of its residents. The redevelopment of the site to include housing for residents seeking to transition out of homelessness creates housing variety. The location in the Central Beach District is envisioned as a pedestrian- scale, mixed-use entertainment district geared towards year-round activity for residents and visitors alike. It is possible that residents of the SRO may support the entertainment district uses through both employment and as users of the activities and venues that are evolving in the district and throughout the oceanfront. The site will transition from a campus of multiple buildings to a site with a single building that will serve all the applicant's organizational needs from residential housing to administrative offices, to serving food to people in need to providing job training and support services. As noted above, the type of housing provided on the property is changing from a single night housing option for the homeless to a longer-term housing solution for qualified residents. Currently,the JCOC temporarily houses 50 residents each night, 30 men and 20 women in an Emergency Housing Program. This request, however, changes the type of housing provided on site, as the Emergency Housing Program is moving to the Housing Resource Center on Witchduck Road, and reduces the number of occupants to 38. Other programs will continue that include the Winter Shelter Program in which JCOC partners with community churches that Judeo-Christian Outreach Center, Inc. Agenda Items 12 & 13 Page 3 provide shelter at other locations to as many as 70 individuals each night during the coldest months of the year. The Joint Review Process (JRP) Group met in 2016 to discuss the redevelopment proposal of the JCOC.The JRP is a mix of City and Navy Staff charged with informing the Planning Commission and City Council whether qualifying discretionary proposals, such as a Conditional Use Permit, meets the requirements of the AICUZ Overlay Ordinance. Discretionary development applications for the redevelopment of property where the proposed dwelling unit density is the same as or lower than the actual dwelling unit density existing at the time the application is submitted are exempt from the AICUZ Overlay regulations. As the number of beds in the facility will not increase, it was determined that the application met this exemption. The subject site is located near the western edge of the Central Beach District of the Resort Area Strategic Action Plan, a pedestrian-scale, mixed-use entertainment district geared towards year-round activity for residents and visitors alike. Streetscape improvements and pedestrian connections are key guiding principles to achieve these results. In connection with necessary right-of-way improvements, such as curb and gutter, there is an opportunity along the frontage to improve pedestrian connectivity with the installation of an eight-foot wide sidewalk consistent with the sidewalk to the east of the site. Staff recommends condition 6 below to address this. The location of the building 100 feet from the right-of-way and within the center of the site, rather than at the 30-foot front yard setback along Virginia Beach Boulevard, will provide sufficient space for maneuvering of vehicles. The placement of the building almost 100 feet from the right-of-way is deliberate and will aid in addressing the current encroachment into the public realm by those waiting to be served. A 42-inch high wall is proposed along the frontage also as a means of containing the activities and guiding the visitors on the site away from public property. This wall and the evergreen plantings will provide a screen of the parking lot from the right-of-way. The existing mature trees on the property will provide a visual buffer for the residential uses to the south from the planned redevelopment of the site. Existing mature trees and proposed fencing along the side property lines will aid in screening this site from the adjacent commercial uses to the east and west. The outdoor amenity space proposed in the rear of the property will encourage outdoor activities within the interior of the site, rather than along the front of the property as historically has occurred. While it would be desirable to extend a sidewalk from the front of the building to the public sidewalk along the street, Staff recognizes that it may be difficult to do so given the location of existing trees. As previously noted, the parking lot will have 24 spaces, 14 less than the requirement of 38, based on the Zoning Ordinance requirement of one space per unit. The Ordinance permits a reduction in the requirement if special conditions warrant such a reduction. The applicant provided a parking narrative in support of a reduction on the basis that many of the residents will not own an automobile. The applicant states that the 24 spaces will be sufficient for the eleven full-time Staff(eight of whom leave by 5:00 pm each day), the volunteers who assist with the dining hall program on a daily basis, and the additional volunteers who assist with dinner service. However,to supplement the parking the JCOC proposes to shuttle the volunteers from 401 West Lane, which is the location of the JCOC's Transitional and Permanent Supportive Housing program, located approximately one mile west of the subject site. This site has 33 parking spaces, eleven more than are required by the Zoning Ordinance for its land use. Staff recommends Condition 8 for the modification of conditions application to formalize the use of the JCOC's 10 passenger van when necessary. Staff recommends approval of the SRO. The current aging facilities need replacement. The proposed new facility will ensure that their current programmed services will continue, albeit some will be at another location, as well as allow the JCOC to take advantage of new grant programs available to reach even more of the disadvantaged in the community. The redevelopment of the property will establish affordable housing for the single homeless population, provide new kitchen/dining hall space to accommodate food services for the community, and new administrative office space to operate more efficiently. Modification of Conditions - Group Home The proposed request for a Modification of Conditions to the Group Home is, in Staff's opinion, acceptable. As noted above, the JCOC serves over 44,000 free meals annually to their residents as well as to many neighbors in need. The food pantry and Food Box program provide over 136,000 meals each year to help families and individuals remain in Judeo-Christian Outreach Center, Inc. Agenda Items 12 & 13 Page 4 housing and not have to make a choice between paying rent or buying groceries. Their food service programs also provide opportunities to engage the homeless about the housing services available to help them transition out of homelessness. The JCOC and its volunteers serve prepared dinners every evening from 6:00 p.m. to 8:00 p.m.PM. Breakfast is also provided on Saturday mornings. The number of individuals being provided dinners each evening ranges from 60 to 100, with 70 to 80 persons being the norm. Saturday breakfast typically serves 25 to 35. The kitchen/dining hall in the new building will enable JCOC to operate more efficiently. However, the size and capacity of the dining hall will not increase and will maintain a seating capacity of 110 persons. The placement of the building almost 100 feet from the right-of-way is deliberate and will aid in addressing the current encroachment into the public realm by those waiting to be served. The 42-inch high wall proposed along the frontage will also help to contain the activities and guide visitors away from public property. As noted in the parking narrative, many of the residents will not own an automobile and most of the eleven full-time Staff leave the property by 5:00 p.m. each day. As such, most of the demand for the 24 parking spaces on site after 5:00 p.m. will be from the volunteers who assist with the dinner service. The JCOC is prepared to implement a van shuttle program to transport staff and volunteers from a satellite parking facility they own located at 401 West Lane to the subject property when insufficient parking is available on site. At the request of Planning Staff, a letter was provided from the Virginia Beach Police Department noting the significant resources and the high volume of calls for service to the JCOC and immediate surrounding area. In sum, the JCOC can continue to provide food service to the public on this site within the existing aging buildings without any of the proposed upgrades to the property and without implementing the planned patron access and parking deficiency practices. Staff recommends approval of the Modification of Conditions subject to the conditions listed below that, along with operational and site layout modifications proposed, are designed to address the concerns of the Police Department and the adverse impacts that some surrounding properties currently experience. For example, the new building's design accommodates those awaiting food service, as they will queue inside the building and are not allowed to wait outside, as per condition 3 on page 6. Also, additional off-site parking is required for volunteers, per condition 8 of the SRO and condition 12 of the Group Home, to ensure enough parking is available to both residents and those seeking services. Staff believes that the proposed development will better address off-site concerns than the current operation. With condition 2 on page 6, the proposed use will expire within two years of the Certificate of Occupancy being issued and be required to request approval for a new modification to extend the operations of the dining hall open to the public. Any impacts based on the new operations and building can be addressed through Zoning Enforcement and through the public hearing process once the applicant applies for the request of the extension of the approval. Recommended CUP SRO Conditions 1. No more than 50 Single Room Occupancy units shall be on site. 2. Site layout, improvements, and plantings shall be substantially as shown on the conceptual master plan and planting plan titled, "JUDEO-CHRISTIAN OUTREACH CENTER CAMPUS DEVELOPMENT" dated March 8, 2019, as prepared by WPL. Said drawings have been exhibited to the City Council and are on file in the Department of Planning. 3. The architectural design, colors, and materials for the proposed building shall be substantially as shown on the architectural elevations titled "JUDEO-CHRISTIAN OUTREACH CENTER dated August 26, 2019, by TS 3 Architects. Said drawings have been exhibited to the City Council and are on file in the Department of Planning. Judeo-Christian Outreach Center, Inc. Agenda Items 12 & 13 Page 5 4. All landscaping shall be maintained in good health. Any landscaping that fails to grow or is determined to be in poor health shall be replaced with a type and quantity of plantings that is similar to and meets the same intent as the plants shown on the Planting Layout referenced in Condition #1. Any replacement plantings shall be approved by the Development Services Center. 5. All mechanical equipment shall be screened year-round either architecturally or by landscaping or fencing such that it is not visible from the public right-of-way. 6. The applicant shall make all necessary standard right-of-way improvements with the development of this site. Improvements may include but are not limited to pavement widening, curb & gutter, and a new sidewalk. The new sidewalk shall be constructed with a minimum width of eight feet, or as otherwise approved by the Planning Department,to ensure compliance with the Resort Area Strategic Action Plan's recommendations with regard to pedestrian connectivity. Additional adjustments and requirements for right-of-way improvements may be applied as part of the final site plan review. 7. All signage on the site shall comply with the requirements of Sections 211, 212, 213, 214, 216 and 905 of the City Zoning Ordinance. A separate sign permit shall be obtained from the Zoning Division prior to the installation of any signage. 8. The applicant shall implement a van shuttle program to transport Staff and volunteers from a satellite parking facility located at 401 West Lane to the subject property when necessary. Recommended Group Home Conditions 1. All the conditions associated with the Conditional Use Permit and Modifications of Conditions associated with the Group Home, dated, October 1989, February 1992, October 1993, October 1995 and April 2000, shall be deleted and replaced with the conditions below. 2. This Conditional Use Permit for the Group Home shall expire two years from the date of the Certificate of Occupancy. 3. Patrons awaiting food service shall be accommodated and served inside the building. 4. All food served to the public shall cease by 9:00 p.m. 5. A lighting plan shall be submitted during the site plan review process to ensure proper safety and security on the site. All lighting shall be directed away from the nearby residentially zoned property. 6. Site layout, improvements, and plantings shall be substantially as shown on the conceptual master plan and planting plan titled, "JUDEO-CHRISTIAN OUTREACH CENTER CAMPUS DEVELOPMENT" dated March 8, 2019, as prepared by WPL. Said drawings have been exhibited to the City Council and are on file in the Department of Planning. 7. The architectural design, colors, and materials for the proposed building shall be substantially as shown on the architectural elevations titled "JUDEO-CHRISTIAN OUTREACH CENTER dated August 26, 2019, by TS 3 Architects. Said drawings have been exhibited to the City Council and are on file in the Department of Planning. 8. All landscaping shall be maintained in good health. Any landscaping that fails to grow or is determined to be in poor health shall be replaced with a type and quantity of plantings that is similar to and meets the same intent Judeo-Christian Outreach Center, Inc. Agenda Items 12 & 13 Page 6 as the plants shown on the Planting Layout referenced in Condition #1. Any replacement plantings shall be approved by the Development Services Center. 9. All mechanical equipment shall be screened year-round either architecturally or by landscaping or fencing such that it is not visible from the public right-of-way. 10. The applicant shall make all necessary standard right-of-way improvements with the development of this site. Improvements may include but are not limited to pavement widening, curb & gutter, and a new sidewalk. The new sidewalk shall be constructed with a minimum width of eight feet, or as otherwise approved by the Planning Department,to ensure compliance with the Resort Area Strategic Action Plan's recommendations with regard to pedestrian connectivity. Additional adjustments and requirements for right-of-way improvements may be applied as part of the final site plan review. 11. All signage on the site shall comply with the requirements of Sections 211, 212, 213, 214, 216 and 905 of the City Zoning Ordinance. A separate sign permit shall be obtained from the Zoning Division prior to the installation of any signage. 12. The applicant shall implement a van shuttle program to transport Staff and volunteers from a satellite parking facility located at 401 West Lane to the subject property when necessary. 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 uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations Adopted in 2008, the Resort Area Strategic Action Plan (RASAP) is currently undergoing an update. However, many of the guiding principles from the 2008 plan will remain as the vision and implementation steps evolve.The plan strives to transform the resort area into a year-round, world class urban resort destination that transitions into a vibrant diverse neighborhood. Three distinct yet complementary districts— Laskin Gateway, Central Beach, and Rudee Marina—are envisioned to extend the energy at the beach into the adjoining blocks of these districts through streetscape improvements, connective uses, and view corridors.The subject site is located near the western edge of the Central Beach District, a pedestrian-scale, mixed-use entertainment district geared towards year-round activity for residents and visitors alike. Streetscape improvements and pedestrian connections are key guiding principles to achieve these results. Natural and Cultural Resources Impacts The property is within the Atlantic Watershed. There does not appear to be any significant natural or cultural features associated with the site. Judeo-Christian Outreach Center, Inc. Agenda Items 12 & 13 Page 7 Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Virginia Beach Boulevard 10 412 ADT 1 14,800 ADT 1(LDS 2 "C") No data available* g 22,800 ADT 1(LOS 2"D") 'Average Daily Trips-Summer 2017 2 LOS=Level of Service Master Transportation Plan (MTP) and Capital Improvement Program (CIP) In the vicinity of this site, Virginia Beach Boulevard is considered a four-lane undivided minor urban arterial. The existing infrastructure currently resides in a variable width right-of-way. The MTPP proposes a four-lane facility within a 145- foot right-of-way. There are no roadway CIP projects slated for this area. Currently, this segment of roadway is functioning under capacity at a Level of Service C or better. *The ITE Trip Generation manual does not contain study information for this type of land use. Since the development under this application does not change the land use from existing to proposed conditions, the trip generation could not be determined for either condition. However, Traffic Engineering Staff does not anticipate a significant increase in traffic volume with the redevelopment. Standard right-of-way improvements will be required with the development of this site. Improvements include but are not limited to pavement widening, curb and gutter, and sidewalk to match the improvements to the east and west of this property. Additional requirements may be applied as part of development site plan review. Public Utility Impacts Water This site currently connects to City water. The existing water meter can be used or upgraded to accommodate the proposed development. There is an existing 24-inch and two 12-inch City water lines on Virginia Beach Boulevard. Sewer This site currently connects to City sewer. There is an existing 20-inch City sewer force main on Virginia Beach Boulevard. Public Outreach Information Planning Commission • The applicant reported that they have met with various local groups and associations to discuss and review the plans, including the Virginia Beach Resort Advisory Commission,the Seabridge Civic League, and the Seatack Civic League. • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on October 14, 2019. • As required by State Code, this item was advertised in the Virginia Pilot Beacon on Sunday, November 24, 2019 and Sunday, December 1, 2019 • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on November 26, 2019 • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of www.vbgov.com/pc on December 5, 2019. Judeo-Christian Outreach Center, Inc. Agenda Items 12 & 13 Page 8 City Council • As required by City Code,this item was advertised in the Virginia Pilot Beacon on Sundays, May 17, 2020 and May 24, 2020. • 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 May 18, 2020. • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on May 29, 2020. Judeo-Christian Outreach Center, Inc. Agenda Items 12 & 13 Page 9 Proposed Site Layout CONCEPT PLANT SCHEDULE • rr O ...r...•...x, « 0 ....•ws lase •, w,n•n. . G .w n.rc..... « • -- -- , rill. « - �.•f� y , wax.+........r • NW.n•.....\\ ,s, , : ....,,,..,,,..--NUNN. t'z• x-^t. =:'.Zir•��r��.`, 111 aO.•.4.u«� il'_ }� ��" �C' � .-••.�•Rq... t ---I +' :---=Y L . \\ ar•w.,•.«a P. 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Agenda Items 12 & 13 Page 12 Building Facade 417triANIIMM MIIIIIIIIIMIIMIIII :111111111111410r -413w4'6-' Lai II la .......-....-- - r 1111:111 la, 1 ..--..................„ a . ., . . . ., ._ MIMI 4 2 1 I , ,...z, .•,.,..7 31,....,4_,•,',1, V.Alkilir '... it MI 110111111111 ' 111111 . • . . peept 0, Th or PP. • - k t knchen ord Cam•lemra run ,d,11.1.-1,,p,..d.,, MIN,I„lOcIpCmCrb IC Ow In.opan and povalr spec,:V rcsickvb And t-,,t,.tv,e.ne Om propos-ty Facade Materials A ire Budd's tacanac are road 1.ori a composran of EFS tnca ahamenurlsicari.unt and altAnnor arch Tiv panopor,,9..),Au.,fry pop.,o.k...cst Wu r e, canna pa-try pack up days Ban.permanent',wenn .a-td deans how&cu.,au oh.catearna Prrir /11111111111411%.4444.46%%ftaft............. . . . 1 _. I I it i ....'... 1111 I _ . ; . ,•-' ›.-1`..F%Fem..% .I„... ... ..... . I= PIE- ' p 161 a Judeo-Christian Outreach Center, Inc. Agenda Items 12 & 13 Page 13 Site Photos . •;.; • 1 '.. .:i' . Al,.:-'4•'.. 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NYA..`', ; ,-,`-.7-',..-, 41-4. ---_-•idigick;*.'‘"' - 11Paw-- - --•' 3 - ---,- ...-41 if „yr .,. .ifte,•,-;---;44( .., ‘ - . - • ' -',v,--7---_,,- - - — -..,.... b.„..,,_ Ie. ,..., k ---'4"' '-- -go..',. .4-o -;.- - -- - :-- %. 'W.::,,§*, Ir I lil 'WI ' ' ' Id s .,, .....,.. & . I - II--1-_, I III !II I.II i ll I I I I ..__. , - ' , , •,-6:0 , •---- - .• ' S'a . . _ . . • Judeo-Christian Outreach Center, Inc. Agenda Items 12& 13 Page 14 Disclosure Statement Virginia Beach APPLICANT'S NAME Judeo-ChristianOutreach Center, Inc. DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board • • The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Paget of 7 Planning Commission and City Council meeting that pertains to the applicationis) CI APPLICANT NOTIFIED OF HEARING DATE ▪ NO CHANGES AS OF DATE ▪ REVISIONS SUBMITTED DATE Judeo-Christian Outreach Center, Inc. Agenda Items 12 & 13 Page 15 Disclosure Statement Virginia Beach • Check here if the APPUCANT IS NOT a corporation, partnership, firm, business,or other unincorporated organization. • Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:Judeo-Christian Outreach If an LLC,list all member's names: Center,Inc,a Virginia nonprofit corporation If a CORPORATION, list the the names of all officers,directors, members, trustees, etc. below: (Attach list if necessary) See Attached List (B) List the businesses that have a parent-subsidiary t or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes1 and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. • Check here if the PROPERTY OWNER IS NOT a corporation, partnership,firm, business,or other unincorporated organization. ❑ Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization,AND THEN,complete the following. (A) List the Property Owner's name: If an LLC, list the member's names: Page 2 of 7 Judeo-Christian Outreach Center, Inc. Agenda Items 12 & 13 Page 16 Disclosure Statement • \'ir„ini;i Reach If a Corporation, list the names ofall officers,directors, members,trustees, etc. below: (Attach fist if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) "Parent-subsidiary relationship' means 'a relationship that exists when one corporation directly or indirectly owns shares possessing more than S0 percent of the voting power of another corporation.' See State and Local Government Conflict of Interests Act,Va. Code§2.2 3101. 2 "Affiliated business entityrelationship' means `a relationship, other than p' p, parent subsidiary relationship, that exists when(I)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entitles. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities:there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis: or there is otherwise a close working relationship between the entities.' See State and Local Government Conflict of Interests Act, Va Code§ 2 2-3101 SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Judeo-Christian Outreach Center, Inc. Agenda Items 12 & 13 Page 17 Disclosure Statement NP3 APPLICANT Virginia Beach I YES NO i SERVICE PROVIDER(use additional sheets If . needed) ❑ Accounting and/or preparer of Wall,Einhom&Chernrtzer your tax return ❑ i Architect/Landscape Architect/ TS3 Architects,PC/Mark Mat Land Planner ❑ Contract Purchaser(jf other than ® the Applicant)-Identify purchaser and purchaser's service providers Any other pending or proposed ❑ „ purchaser of the subject property (Identify purchasers)and purchaser's service providers) ❑ -F2Construction Contractors None Presenty • ❑ Engineers/Surveyors/Agents WPL ' Financing(include current None Presently ❑ ® mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ▪ ❑ Legal Services Sykes,Bourdon.Ahem&Levy,P.C. Real Estate Brokers/ ® Agents/Realtors for current and anticipated future sales of the subject ro ert ♦ SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ® an interest in the subject land or any proposed development I contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Drew Lankford,Vice Chair of the Board of Directors is employed with the Department of Public Works Page 4 of 7 Judeo-Christian Outreach Center, Inc. Agenda Items 12 & 13 Page 18 Disclosure Statement Virginia Beach CERTIFICATION: i I certify that all of the information contained In this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VEDA meeting, or meeting of any public body or committee in connection with this Application. `FS • SIGNATURE PRINT NAME DATE Page 5 of 7 Judeo-Christian Outreach Center, Inc. Agenda Items 12 & 13 Page 19 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Judeo-Christian Outreach Center, Inc. Agenda Items 12&13 Page 20 Items #12 & 13 Judeo-Christian Outreach Center, Inc. Conditional Use Permit(Single Room Occupancy Facility) Modifications of Conditions (Group Home) 1049 & 1053 Virginia Beach Boulevard District—Beach December 11, 2019 RECOMMENDED FOR APPROVAL Ms. Oliver: Thank you. And I would like to thank all the applicants that have come down today that had a matter on the consent agenda for today's hearing, and these items will be scheduled for hearing on the city council's agenda, and I thank you for your attendance today. So in an effort to be a bit more efficient today, I'm going to request that we reorder the agenda to be heard in this order, items number nine,ten, eleven, fourteen, nineteen, twenty, twenty one twelve and thirteen, Mr. Tajan. Ms. Sandloop:Madam Chair our last agenda items are items number 12 and 13,which is the Judeo- Christian Outreach Center, Inc, an application for a conditional use permit single room occupancy facility, and modification of conditions group home on property located at 1049 and 1053, Virginia Beach Boulevard located in the Beach District. Mr. Bourdon: Madam Chair for the record, Eddie Bourdon Virginia Beach attorney representing the JCOC. I want to thank you for giving us a break. Ms. Oliver: You're welcome. Mr. Bourdon: I appreciate that very much. First of all, I want to take a minute because I get to do is, I don't get to do this very often. I'd like to ask all of the folks who are in attendance with us this afternoon who are here in support of the JC OC, its mission its applications before the commission to please stand and be recognized. The presentations that you all received this morning in your briefing, I thought were extremely illuminating,powerful and helpful. The JC OC has for 31 years, as staff has accurately summarized in their report and providing exemplary service to those in need of housing, the homeless but I don't know want to say anything that's politically incorrect,needed shelter and those in need of assistance in order to afford to pay their rent, and avoid homelessness. Food insecurity, I guess is the new term. They've done this,especially since Todd Walker was hired in 2012 to run executive director to run JC OC program. And as you heard this morning, it's a collaborative process. And the city gets more mileage out of its investment and everybody gets a lot more out of it, when the public is involved. You have letters of support from 20 churches and affiliated churches and synagogues, JC OC works closely with 1 scores of churches and synagogues, not just the 20 you have letters of support from as well as many other community and business organizations. They provide volunteers to JCOC that serves the dinners every night 365 days out of the year and On Saturdays, breakfast on Saturdays, they also provide financial support and that financial support will be needed as we move forward with the hopefully the redevelopment of this piece of property, in addition to providing shelter and access to programs to aid our brothers and sisters, who are in need, the JCOC last year provided 33,816 meals boxed for families in need with shelter that had shelter. It provided 102,766 meals for individuals with shelter, mostly almost 90 some odd percent through the food pantry. Both the food pantry, the food pantry provided both of those two numbers and they provided 44,313 meals for persons with or without shelter at the dinners and the breakfast, and it's probably a pretty even split maybe a few more without shelter. That's a total of 180,905 meals that were provided last year by the JCOC, is there is a need and there's an absolute need in the area that JCOC has been located on for the last 31 years. And Andy Friedman did a fantastic job of giving you some of the history. The Fire Escape is actually I think was the name of the place that on 17th Street where interestingly, if you read the old use permit, from 1988 1989,it talks about 70 to 100 homeless people having dinner at the fire escape on a nightly basis. And that use permit basically expected 70 to 100 people having dinner at JCOC this was back in'89 and that's still situation today. Still the situation today, all the good work, and it's to be applauded. But it's kept it where it was 31 years ago, that's a good thing. That's a good thing. You look at what's going on the rest of the world, but it's pretty much the same now as it was then. And with this proposal, the only reason that is a part of this is that original use permit, specifically in condition six said, the use permit was for these buildings. If you build a new building, anything like that, you have to come back that's why because we're not making the food service any larger. We're not expanding it in any way. We're putting it in a brand new $5 million, maybe less, hopefully,building. The JCOC has already raised, going on a half a million. They can get grants, they can raise more money, but they have to have a plan. The big donors, the banks etc, they have to have, you have to have a plan. And that's what we're moving towards today, four years ago, four years ago, it's over four years ago, we began discussions with the city and it's a collaborative process about the need for us to do something about our physical plant. And it's been in service and done well for the 30 years. It's been there, but we need to either spend a lot of money in improving the property, renovating the buildings, or going a different direction somewhat. And those discussions, in those discussions we were discussing back and forth the city with the Housing Resource Center in the process of being developed four years ago, it hadn't been developed yet. Should we change from a shelter, say a shelter, or should we go to a transitional housing and SRO 2 housing? What would be a more valuable component in our city's and our community's effort to address this problem. And as Andy eloquently described, all this doesn't heck of a lot better than I could ever do,you know,this is what everyone believed was the best way to move forward. So after 31 years of the 50 bed shelter, food pantry kitchen, dining in four buildings with only 17 on-site parking spaces that are a little disjointed and the buildings up close to the street, we proposed this beautiful new building setback with 24 conforming parking spaces, a permeable paver parking area, again, everything back this far from the road out on 17th Street as we could make it with the dining hall and food service that is not an expansion in any way, shape, or form, but the original condition since it will be the new building requires that to be a part of the application. So that brings us here with the application to modify the original group home use permit as well as the new use, which is the SRO and the plan, you know, 42-inch wall, beautiful landscaping, a lot of really bike racks, all that area in the backward you go into the meals, the buildings will have, the buildings will have mounting cameras, it will have monitoring screens, there will be security, there is security now, but there will be more security, better security and it will be the I think, at least so far the most attractive building on 17th Street once you get to the west of the city's last building on the before you get to the field house on the north side of 17th Street. And it certainly isn't going to stand in the way of hope where I hope will be and everyone else will be think some great redevelopment, we absolutely have no problem whatsoever agreeing to a total security assessment and participating with neighboring properties in any such endeavor. Todd told me this morning that when he first came on, he communicated with the chief at the time, chief Cervera, about did they, was there anything that JCOC could do to improve the situation was told no. So, and we can talk more about that, the police calls later if that's something you want to get into. JCOC has a no alcohol,no drug tolerance, and zero tolerance policy and always has had that policy. Now, before I introduce Todd, I want to give you a little bit of background. The week, well little more than a week ago, I was asked to come to a meeting which we held with four people who I think very highly of and have had good relationships with about, is there a win-win here and the conversation boil down to, could the food service be moved and could it be moved over to the leader? I had forgotten,but I forgotten one important part, I will get back to that but I said that I was 100 percent certain that my clients would be very supportive of doing just that. What I'd forgotten was that they actually had proposed that to the city over two years ago, after the city at JCOC had spent close to two years looking for a place to move. That was unsuccessful, and it just doesn't. It's very hard to find some and Andy has a phenomenal job of explaining that. But two and a half years ago, JCOC went to the city and said, what do you think about the idea of doing 50 room SRO, and we try to move the food service over to the 3 cafeteria at the Lita and about three months later, I believe Billy Almond and Todd were in the meeting or meetings may have been more than one. They just got an email back. Now we think you're doing a great job where you are, you know, stay where you are, and do the food service there and the smaller number of SROs. So, but what I told those gentlemen is that I was 100% certain, and I'm 100% certain today that that would be a win-win for everybody. And, but for the fact that we discovered subsequently to apparently surprised that a lot of folks that the lease on the Lita expires in five months. That's why we're still moving forward. We've been at this for four years, but I will tell each and every one of you that it's a win-win, and we hope that is what can happen. But realistically knowing all and I don't mean but to mean it won't happen,but it's going to take time and we would like to be able to get started raising money. And obviously we're not going to, if council wants that to happen, we will be right there, you know, let's do it, we are with you every step of the way. And if that means we have to wait a while, while they work out all the issues because it won't be easy, I'm sure. We're perfectly willing to do that. But we need to have an approved plan so we can go out and start raising money because our intent was to start in two years and have the money in two years but the more we that was our intent three and a half years ago. So we need this to move forward. But we absolutely have JCOC wants to provide more shelter, if we can provide 50 SROs, we know we can't do it on the site with the food, but the food is essential, the food is essential. It may not be essential in 10 or 15 years, the trailer parks,if they redevelop,then,you know, and there's other need out there,other than those, but those are the primary need, but there are others, but it's certainly conceivable. But I go back to what I said before, 31 years, the same basic we are serving 75-78 on average, 78-77 people every night, that's the average. So it's still there. JC OC as Andy said doesn't create this problem. JCOC is there to serve, to try to help keep our problem from becoming a bigger one, and keep people from who are in food insecurity or pay electrical bill insecurity whatever, and to help them stay in shelter and not become homeless and that's what the food service provides. And I know they're, you know, I couldn't say it any better than Chief Cervera said it, you know, there are perceptions but the perceptions aren't the reality. It doesn't mean that JCOC thinks it's perfect. And JCOC is more than willing to participate in a security review. The new building, you know, they will have much more security these, these buildings were there before JCOC, so they're not modern buildings,but that's not,that is not an issue as far as JCOC is concerned. With that I want to take a second before Todd Walker comes up, as he's done a lot of great things for the JCOC to give you a little bit of background. Todd has his bachelor's degree in Arts degree and criminal justice from Indiana University, master's degree in public administration from Troy University. He has an incredible resume of service in the Indianapolis Indiana community from 1999 to 4 2008 and since coming to Virginia Beach in 2008, Todd was the program director for the Tidewater Youth Services Commission for four years and has been the executive director of JCOC since 2012. He's a qualified mental health professional holds the certificate of executive leadership from Cornell University and Todd has been the recipient of the Virginia Beach Rotary Club or Rotary Club of Virginia Beach 2009. Paul Harris Fellow Award, the 2018 recipient of the Daniel M. Stone Humanitarian Award,presented by the Virginia Beach Human Rights Commission and under Todd's leadership that JCOC was named the 2019 Bank of America Neighborhood Champion, and I provided you all with a press release about that and a $200,000 grant to the JC OC, and people like the folks of Bank of America and others who are will be, we are confident there to help with raising grant money to build this new facility, which will be a big improvement and a big enhancement to the 17th street corner. With that, I'll ask Todd to come up. If y'all want to ask me questions like you can save them for rebuttal or ask them now. Ms. Oliver: I think we're gonna save them. Mr. Bourdon: Thank you. Ms. Oliver: Thank you. Mr. Walker: Good afternoon. Ms. Oliver: Good afternoon, welcome. Mr. Walker: Thank you for having me. I'm Todd Walker; I serve as the executive director of Judeo-Christian Outreach Center. What I wanted to speak on today was the letter, I didn't realize police chief surveyor will be here today to provide a little bit of clarity, but I did do a deep dive into some of those calls. That's my responsibility, but also sitting at office every day. And I know what I see and what I don't see. So I wanted to make sure I got some clarity on what the calls were. We had 66 calls that were actually service to our address 1053 Virginia Beach Boulevard, out of those 66 calls; the most common call was officer initiated investigation. Well, we have no control over that. The second most was public intoxication and we had seven. I did a four year to find out how many police cars actually came from our business lines, we have four business lines. And we actually had seven calls. And this is in a one year span. Within those seven calls forward for the same, four of were for two offenses. The other three, one was a hit and run. One was a suicide attempt, and in one was rescue and assist. We had 12 reported offenses that were actually charges. So 12 and a one year span with the population that we serve, I would think would be pretty, it's pretty good. Those offenses, you had three drug offenses and you had three drug paraphernalia. And then the rest were just minor stuff. But I think it's important to make that you all know that there were no crime. 5 There were no reports of physical violence; there were no reports of assault that actually occurred on our address. We work extremely hard to provide a safe environment for anyone attending our dining hall programs. We are effective at what we do because we treat our clients like people and we meet them where they are, no judgment,just valuable resources to meet the immediate need. Security is always present during meal times. We utilize the police department only when necessary. And I think that's indicated in the low amount of calls, also did a four years you go a little further east on Virginia Beach Boulevard, it was an area that actually had 350 calls that went to that specific area. So I just don't think it's fair that you know, I think there's some opposition is pointing the finger at JCOC like we're the reason, there's crime at the oceanfront and that's just not true in the numbers bear that out. JC OC has been doing this; I want to correct Eddie for 33 years. We just celebrated our 33rd anniversary in October. I worked in the human services field for 27 years; I worked in corrections and mental health, substance abuse and homelessness. In 20 of those years, I've been in leadership roles. I've always ensured that I provide the proper training for our staff, especially our frontline staff, who have the hardest job every day. We facilitate three programs, our day support program,our emergency shelter and winter shelter. Where we have no idea who's walking through the door every day. You know, that's the tasks that we have,but we humbly take on that task because of our love for God who inspires us to help the least of our brothers and sisters in the community. We provided over 2 million meals since 1986 for people in need during our existence, and we've assisted over 2000 individual's secure permanent housing during my tenure as the executive director that doesn't occur we're not equipped to handle the clientele. Our staff is trying to trauma and informed care and motivational interviewing and conflict resolution to name a few. Our mission is always to help the people in need that we are serving. In conclusion, the area that gets missed many times when you talk about our dining hall programs,the missing misconceptions is we facilitate the community dinner that the community actually comes in and serves the meal. So it's not JCOC, it's the many financial institutions, faith based organizations, different groups. Last week, we had the Girl Scouts they came and served a meal. All of these groups that come in and are really effective in helping us provide this service to people in need. And it's one of the few times where somebody can actually come in and see the need, and meet the needy, I tell our staff all the time, our job is to plant the seed. We may not always see the flower grow,but our job is to plant and cultivate as long as we can. But when you provide that meal, you're planting it and seeing the need be met immediately. So On November the 9th, we just had a sign up dinner for providing that meal service in 2020. So we had 160 people signed up, they represented 100 organizations and among the many questions that was asked to me that night, in regards to how many do we need to 6 prepare for what do we need to bring those type of things,out of all of those people, none of them brought up safety. Nobody said, you know, I'm scared of, you know, for the safety of my kids or for my parents, I mean safety for myself or kids. And so I want to make sure that I mentioned that because we operate in a safe environment, in the community,there comes to serving a community that we serve as a witness today, so. Ms. Oliver: Thank you, anybody have any questions? Mr. Alcaraz: I do, unless is he allowed to come back up? Ms. Oliver: Yeah. Right, thank you so much. Ms. Sandloop:Madam Chair, we have 21 speakers signed up. And before I call speakers, I want to just remind everybody that you have three minutes once you get to the podium, unless you are representing a large group such as the civic league or a homeowner's association, in which case you will get 10 minutes. Your timing is indicated by the lights on the podium when you're nearing the end of your time,the yellow light will flash and when your time is up,the red light will flash. Okay, our first speaker will be Claude Henry followed by Mark De Roche. Ms. Oliver: Welcome Mr. Henry,just state your name for the record please. Mr. Henry: My name is Claude Henry. I first came here in 1989, I was in the military. Things went wrong. Ate my first meal at what they call the Fire Escape, didn't know that I was going to have a 10 year in homelessness in and out. With JCOC help, or help me get to where I'm at today, and today I am no longer homeless. I have a janitorial business. I picked up a bachelor's degree in theology. I have my rights restored, I am an investor. So what I'm saying is if somewhat of that magnitude did not put time out with me, who knows where I might be. I stayed in the shelter, I ate many meals. I just want to credit that too JCOC. JCOC with the meals and the shelter exactly what good is is a glove without a hand, it works together. It's like Virginia Beach, if we didn't have no water we wouldn't have no beach, so it's still being no good. So what I'm saying is this right here, I know JCOC, I know that the meals that's provided. When I went in, I got job leads or I was able to get an extra sandwich that helped me out or more food and I could to help be catch the bus. So what I'm saying is, with all the neighboring communities as far as Atlantis Apartments, Friendship, the trailer courts, those people still needs their hot meal. I remember when I was in the military that I was told a hot meal helps. So what I'm saying is that when we sit down and look at what JCOC is doing for those 33 years and what they have done, to sit back and say,hey, lets cut the meals off but we want this part and both of them altogether as I see it. I would like to challenge all of you, or even one of yall, go down to the shelter, and when they feed, and look at, 7 especially three days out from the end of the month, from the beginning of the month check and see who comes in who JC OC helps and make your decision. I will thank you for your time. Ms. Oliver: Thank you very much. Ms. Sandloop:Mark DesRoches and then Jim Johnson. Ms. Oliver: State your name for the record please. Mr. DesRoches: Good afternoon. My name is Mark De Roche. I am property owner on the 800 block of Virginia Beach Boulevard. We have formed a group of concerned stakeholders, composed of 17th Street property owners, Oceanfront hotel owners, 17th Street Atlantic Avenue business owners. We have been trying to mediate the dining hall issue by identifying a relocation site and pushing the discussion between the JCOC and the city to relocate. City staff and JCOC have identified a potential solution, as Eddie alluded to; with a city owned property that all parties feel is a better fit for the feeding program. For many aspects, it's a much better fit for a lot of reasons, I won't go into here, but I think everyone here knows why it's a better fit. We understand this is more work to be done to determine whether the site is going to be available. We heard all that earlier. We request that the city moves with a sense of urgency to make this relocation happen. And we also want to point out that we identified another several properties that are very workable city owned properties. Some involve APZ1 naval issues,city must approve,use and do that in conjunction with a discussion with the United States Navy. But there's another property that's not in a crash zone that fits the parameters that they this community is looking for it to fit. And I'm not revealing site names, but you should have that information because it was in the information that Andy Friedman provided to each of you. There's also a letter to Williams Moines that provided substantial amount of details about alternate location sites. Why does the dine home need to be relocated? Well, it's really; quite simply and it comes down to a land use issue and I know that this board is a land use deciding boards and I would hope. I mean, the JCOC does great work in this community and a half for a long period of time. And that's what makes this thing so difficult but at the end of the day, this is a land use. And this panel must decide, is this an appropriate land use and when you do that, you really have to look at public safety and the concern for public safety and also for the protection of the ocean front economy. The JCOC block statistics, not just their site, as Todd alluded to,but the block had total police calls the 326 calls,which resulted in 74 offense reports in a one year period. As I just handed it out to you the shopping center next door,the Food Lion Shop Center which is owned by Reed, it's difficult to get these guys but they had their corporate attorney write this letter. This is very serious. And they are opposed to this application, as you can see by 8 looking at this letter. Their police calls were 253 over similar period. And again, as the police chief to use his words,this is remarkably high. And it's not the JCOC site. It's the surrounding adjacent sites. This is spilling out everywhere and what type of offenses are noted, there's a laundry list of them, but you got to drill down and look at these offenses and think, how would this, you know manifests itself to the new sports center across the street and these existing neighborhoods and these existing shopping centers that have been inundated with this for 20 years. So what type of offenses are noted narcotics and drug violations, larceny, assaults, threaten bodily harm, kidnapping, abduction, robbery, forcible rape, gunshots and destruction of property to name a few, there's a laundry list and I try to pick the most relevant, the most prevalent ones. And the most serious ones in a number of those are violent crimes. There's a distinction between a run of the mill larceny and a violent crime. We have a number of violent crimes in this area. Again, not blaming on the JCOC, they're protecting their property. This is happening outside their property. So the question becomes, do any of these crimes sound compatible with a$70 million Sports Center? Actually, I've been corrected Ron Williams told me this morning it was 63 million but I'll use 63 million. I hope the Planning Commission will adequately address that consideration. It's up to you guys to determine whether this rate of crime and this adjacent area is compatible with the sports center. Police resources, the chief in his letter states, number of police man hours and resources dedicated to this facility is remarkably high. Our attention and focus on this one location significantly takes away from our ability to provide high quality services to all of our citizens. That's the police chief, and he was there earlier. And I think that statement speaks to the resources,the police department is suffering from a resource shortage. So the reality of this situation is, we have a high crime Sports Center area. We have an increasing number of people soon to be visiting the sports center area. And we do not have enough police resources to keep everybody safe. So my public safety conclusion is the Sports Center and the Dining Hall are highly incompatible due to the significant rate of crimes occurring in the area and the lack of police resources. The ocean front economy, the Sports Center will bring in 190,000 visitors each year to the Sports Center Area. Currently, there's over 60 events scheduled for the upcoming first year of operation. There's over 90,000 additional hotel rooms projected to be sold at the Ocean Front as a result of the new Sports Center. Increase restaurant and retail spending is also expected to result from the new $63 million Sports Center. A large number of children and teenagers will be present in this area. There's a significant number of new visitors in the area,which increases the risk of a bad outcome, for these visitors and this risk increases the reputational risk of the city. This can negatively affect the long term viability of the Sports Center project. And the resort district as a whole. The Sports Center is our future. It's a once in a generation opportunity for 9 the city of Virginia Beach. It's a shot in the arm for our economy and it's a much needed shot. Over the last several years, our Ocean Front numbers are down. There's much talk about this amongst the people that are involved in Atlantic Avenue, 17 Stree,t hotel, the Hotel Association, we all talk, and the numbers are down. And we need the Sports Center to pick this up. So how do we do that by protecting the Sports Senter and relocating the dining hall, it comes all back to, we're not trying to stop the feeding. We just think the feeding needs to be done from a new location, 30 years in one location, it's time to change. We can do it better differently somewhere else. And there are numerous places to choose from, if the first one falls through. So I'm going to give you another reason, we all want to help the homeless. We all want to help people that struggle with addiction to overcome that, that terrible demon. This is another reason why the dining hall needs to be relocated because it is in incompatible use with the SRO. The SRO should be a drug and alcohol free facility. City of Virginia Beach program for rehabilitation of the homeless in conjunction with his partner, the JCOC, proposes a mixed transitional housing, the SRO with persons that are in a rehabilitation program, to being are mixed with persons that are not in a rehabilitation program. That's just homeless feeding. For percentage of residents living in a new transitional housing that have a substance abuse history,this could lead to a relapse into habits or lifestyles that brought them through the program in the first place. This combination leads to people losing their sobriety and repeating the cycle. The city and the JCOC proposed combination fails the people they are trying to help and waste taxpayers dollars. The new HRC has an annual budget of$4.3 million and is step two of the city's program to solve homelessness. Step three is the proposed SRO. You have a flowchart that explains this. Ms. Oliver: Got it, but you're out of time. I am very sorry. Do we have any questions for Mr. DesRoches? Please. Not at this time. Thank you very much. Ms. Sandloop:Jim Johnson and then Ed Konawitz. Mr. Johnson: Good afternoon. My name is Jim Johnson. Ms. Oliver: Welcome. Mr. Johnson: I'm here on support of the JCOC. I think I might provide a little bit of unique perspective here because I've served at the JCOC for between 15 and 20 years. I'm also a retired Virginia Beach Police Officer 36 years on the job and the last eight years, my responsibility was the second precinct where the JCOC is located two blocks down from there. I was responsible for the investigation of property crimes throughout the second precinct, but certainly in that corridor. I want to make it clear. I'm not here representing the police department at all,which you'll figure out 10 as soon as I finish. But if we're going to accept that the JCOC does really good things which we do and that homelessness is a problem down there, which it is, I'm just going to move to whether there's any cause and effect of the JCOC, on the crime down there. I was a patrolman down there in the early 80s. There were homeless people down there in the early 80s and there are homeless people down there now, JCOC wasn't even there yet. One of the things that I was responsible for in the police department was to respond to these things called comstat meetings. I don't know if any of you've heard about them, but it's where all the data is compiled from all the precincts, the precinct commanders are responsible to come in address crime trends. The chief, deputy chiefs will ask very pointed questions, it can be difficult and you had to be prepared for what they were going to ask. I was responsible for the second precinct crime comstat report or at least partially responsible for it for eight years. In eight years, the JCCC was never, not one time listed on a comstat report. In my pocket, I have one of those thumb drives, and I've got probably about 75 of those comstat report saved on it. I couldn't read every one of them, but I breezed through them. And I never saw JCOC mentioned. The precinct staff meetings are held every month. Although I wasn't assigned to the precinct, I was assigned to the detective bureau they invited me to come in because of what I was doing. Not one time in eight years of those staff meetings was JCOC the center of anything, there are lot of things that were centered. We do direct patrols in Virginia Beach Police Department all the time, that area down there, everybody in this building knows there were problems down there. Everybody knows it. But if you look at JCOC and where it sits, you've got Friendship Village Atlantis, you've got the shopping center, and you've got Colony trailer park and to suggest that the JCOC somehow had some impact on the crime down there when you've got all of those places that I'm acutely familiar with and what crime we have in those places, all the crime that the previous speaker spoke about and more. I have never seen any connection to JCOC in any crime rate down there, are there problems, of course there are. Ms. Oliver: Thank you Mr. Johnson, I appreciate it very much. Mr. Johnson: Thank you. Ms. Sandloop:Ed Konowicz and then Teresa Stanley. Mr. Konowicz: Good afternoon. I'm Ed Konowicz, I am a faculty at ECPI University for 20 years, I ran a student club and the students want to do volunteer work, so we got together a bunch of computers, got them working and brought them to JCOC and I went once a week for five years, keeping their computer network and computers working and showing basically the homeless how to, if they didn't know how to use computers to contact their relatives through Facebook and emails, and stuff like 11 that. I've never seen any violence at the JCOC, they do once in a while have some people there who have violent tendencies and they're usually gone in a week. You know, because I had contact in the computer room with most of the residents because they would go there to use the computers. This concept of not in my backyard crime that's a criminal area, if you move the dining facilities and that may be an option. That's not going to reduce the overall crime by moving people if they do have criminal intent or whatever,doesn't stop crime. So what stops crime? What stops crime is police surveillance, cameras, adequate police enforcement because you want to separate the criminals from the people like one of my not my students, but ECPI students was there. She was a networker making about 100,000 a year, her mother got cancer in Pennsylvania, and she couldn't afford the hundred thousand dollar a year nursing care. So she wanted to take care of her mother. Her mother died after about a year, she was broke. She came back and got a job, took a bicycle and buses and one time when she was sitting at a bus stop, she got beat up and lost the kidney. And as a result of that was homeless, so these are a large part of the population people are down on their luck, but anyway the thing is to be compassionate. I have friends that say, well, they're against socialism. They don't think the government should help the poor so but you're not against socialism, you're against Judaism, Christianity, Buddhism, Islam and you're against government because what do we do as government, we share responsibilities and we pay a cost for sharing whether we have poor children go to school or garbage collection, people can afford it. That's the role of government. And the role of government is to protect people. So we have to go through extra cost and surveilling the area, so what obviously taxpayer I live here for 40 years,my son and his family lives here. We rather pay for the extra police protection to secure the sports area and to deprive people the convenient place where they can have dinner and food and support so they don't become homeless. Thank you. Ms. Oliver: Thank you very much. Ms. Sandloop:Teresa Stanley, and then Tom Musumeci. Ms. Stanley: Good afternoon, commissioners. I am Teresa Stanley and I chair the advocacy portion of the Interfaith Alliance at the beach. The Interfaith Alliance at the beach is more than, it's a 30-year-old organization that is a partnership of lots of faith communities in the city of Virginia Beach, that have been working in partnership with many of the partners like JCOC for decades to deal with gap services that meet the residents of our city. And so on behalf of them with full consensus in that group, we fully endorse this application and want to laud and applaud JCOC because they are a long term partner, I date myself when I talk about the Fire Escape and then Brenda McCormick days and Alice Taylor and then as we went on to create all kinds of responses in the city, but many of those have started with the faith 12 community,the faith community, Seton house is one of those,we respond to where the need already is. So homelessness and people in need, were at the Ocean Front and as first line responders in faith communities, we are constantly getting the information about what is the need, and then lining up to address the cause. And for more than 30 years, we've been doing it with JCOC; it enhances the communities' money when it comes to the dining hall. So I specifically want to speak to the need of those vital services. People will come to my church, and they will ask me, how am I going to pay my rent or the high utility bill, and these are our service workers that run our tourism, these are the vital workers that we need, and they have to make the choice often between eating and whether that utility gets paid and they keep their housing. So it is prevention of homelessness and it is a community response by gathering the dollars that all the partners that serve and when Todd says they have the day, all kinds of folks line up because they feel safe in that environment. These are people that often have to be coaxed into being with people that are different than they are. They feel safe there. The security has been there. For more than 30 years, we've been doing it and many of the families that we're serving are not just homelessness, they are people on the brink of homelessness. So the need is already there. JCOC has proven track record, the idea that they're not going to provide 38 units of single room occupancies that are sorely needed in the city, as many of us work for affordable housing. And they have a blueprint with an enhanced dining facility, where both faith community and other partners as well as the people were serving themselves feel safe. It's a no brainer. It's one that we have to figure out how to come together with as a community, but as somebody who's been doing this for more than 30 years, the NIMBY issue is alive and well and it's always there. And we need to make sure that we find ways that people feel safe,but we also need to be moving forward with organizations that have proven, have a proven track record for meeting the needs that we need in this community. Thank you. Ms. Oliver: Thank you. Ms. Sandloop:Tom Musumeci and then Morris Fine. Mr. Musumeci: Good day members of the Planning Commission. My name is Tom Musumeci, my property is at 1008 Coastaway Drive in the Sea Bridge Square neighborhood located directly next to the JCOC. I am against the soup kitchen for the following reasons. One, the JCOC has a no questions asked policy at the soup kitchen. This was documented in an expose done on the JCOC by 10 on your side last year. The JCOC knows that they are serving people under the influence of drugs and alcohol. This was also in the 10 on your side expose they were a JCOC client talk freely to the reporter about the drugs and alcohol that consumed all around the JCOC. I have also provided the commission and staff significant 13 photographic evidence that I have collected over the last 20 years of the alcohol consumed all around the JCOC. The JC OC does not allow drugs and alcohol to be consumed on its property. In essence, the JCOC says to their clients, go on to somebody else's property and do your drugs and alcohol. And when you're ready, come back and we'll feed you when you're hungry. When we address this issue with the JCOC, their response to us for the last 20 years has always been if it's not on our property, it's not our problem. It is grossly irresponsible to create a serious problem on your neighbor's property, and then refuse to acknowledge and address that problem. There's not a single person in this room today that will put up with that type of behavior in their neighborhood and its past time for the city to put a stop to it. Two, we've been deeply frustrated by how the staff has handled this application. The opposition is provided the staff significant amounts of information regarding the issues that the JCOC is creating in the neighborhood, none of which is addressed in the staff report. Our frustration is further evidence by the way, the staff handled the letter from the police chief dated October 31st. Instead of addressing the issues raised in the letter and the staff report, it appears that the staff went out of its way to notify the JC OC about this letter and burry it from the opposition. I obtained via a FOIA request an email from Bill Landfair to the JCOC and their attorney. The email was dated November 5, and I quote Todd and Eddie, see the letter attached from the VB police drafted by the captain of the second precinct, which lays out their concerns respect to the JCOC and the surrounding area. It is a strongly worded letter and suggested in their words that the amount of resources dedicated to the JCOC is remarkably high. Bill,I had to threaten the staff with a FOIA request before they would even send the chiefs letter to me. Even though Bill Landfair was well aware of my contact information,the reason the staff requested information from the police was to verify statistics I obtained via FOIA requesting over the previous three year period that there were 1,257 police and fire responses directly to the JCOC property at 1053 Virginia Beach Boulevard. How can it be that all of this evidence is ignored in the staff report? Why is the staff ignoring our voices? Why is the staff allowing expanded hours of the operation the soup kitchen until 9 pm? The neighbors of the JCOC have rights too. Why is the staff ignoring the health, safety and welfare of the neighbors? I respectfully submit the staff report is hopelessly tainted, and therefore must be rejected by this commission. Finally, I provided information from another FOIA I obtained showing that the staff worked extensively to provide the JCOC hand just two blocks from the new housing resource center. The JCOC rejected the offer. It was a great opportunity for collaboration with the city. It is important to look at the union mentioned in the Norfolk experience, when the Union Mission moved from downtown Norfolk to Ingleside Road,the people found their way to Ingleside Road and the new facility to obtain services just because the JCOC has been on 17th 14 street for a long time does not mean that it makes sense to continue at that site. Given all of this, I respectfully request that you deny the soup kitchen application. Thank you. Mss. Oliver: Thank you. Ms. Sandloop:Morris Fine and then Mr. Bibbs. Mr. Fine: Ladies and gentleman, I'm Morris Fine and I'm an attorney. And I represent Seathin which is the owner of the Trailer Park that is notoriously owned by the Trapline family. It's on 37 acres; it's almost adjoining this property. And they've been there probably 100 years. And they are not insensitive to the issue of the JCOC and we applaud them for what they have done, what they say and what I think Mr. DesRoches was saying, this is a planning issue, all of us applaud what the volunteers and the community has done for the homeless, our community has done a great deal for the homeless. We have built a facility on Witchduck Road, which I understand and they're going to bus the people from Witchduck Road to this food facility. Food I hear is that everybody agrees that it ought to be at another place, not this particular place and for that reason,and the reasons that we've already heard about and safety and I won't go into that, as it may also be a parking issue because the staff has to park there and then I understand that they are homeless people that come to get fed in a car even. So, there is a parking issue, we have issues here that are not addressed, and I would suggest that in order to address the problem, we should not perpetuate the problem. Let's not agree to perpetuate this problem. It ought to be turned down, then it'll go to the City Council and the City Council will deal with it. There are problems here that need to be ironed out and this is not the forum for that. I would suggest that at this point at least, the planning part of it be denied. Thank you. Ms. Oliver: Thank you, Mr. Fine. Ms. Sandloop:Last name Bibbs and then Liz Stevenson. Ms. Oliver: Welcome. Mr. Bibbs: Hello,my name is Robert Bibbs. I'm a JCOC Board Member and thank you for the opportunity to speak to you today. In terms of the location,the homeless have been in Virginia Beach many years before JCOC started,and they are seem to congregate around the Ocean Front, and we think the current facility is ideally located for our mission. And our mission is to empower people to recover from crises situations, primarily hunger, homelessness and disabilities. That's what we do every day, that's what our staff deals with. And the facility we have right now is critically in bad shape. It's dilapidated, plumbing, electrical are terrible. One building was 15 condemned for asbestos, and for JCOC to complete our mission going forward,we need a new facility as soon as possible,it is that critical. We are aware of the citizen concerns. And I just want to remind the Commission, the new facility is going to be set back about 70 feet from the current location. And, so; as our clients gather for dinner or other services,okay, they're going to be set back further. And then as soon as they come on our property,we're going to get them into the building so that people will not be visible from Virginia Beach Boulevard and I think that's very important. But, I want to shift my comments, now my next comments come from a different perspective. I'm a member of Kings Grant Presbyterian Church on Little Neck Road. Our Christian faith compels us to help people in need to serve others. We believe JCOC is the perfect vehicle for our church, and many other Virginia Beach churches to respond to this call from God. We have many people from our church today I think we got 15 people back here from our Church, and thank you for coming by the way,and they are passionate about the opportunity to serve. They love to help people in need through the JCOC Support Programs. Our church has served 12 community dinners in last two years. I have personally participated in most of those dinners. We come in about five o'clock and finish up about 7:30. The clients in our experience are well behaved, very appreciative of the meal and the love being served. We have not seen unruly behavior, violence, fighting or substance abuse on the property. In conclusion to the Planning Commission, I and our 400 church members strongly believe that the Judeo Christian Outreach Center is a vital resource to our community. The City of Virginia Beach needs a vibrant Judeo Christian Outreach Center to help our citizens who struggle mightily with homelessness and hunger. We ask for your support of this property of this facility. To the citizens who are dissenting, we respect your opinion. I pray that you can soften your hearts and consider how critical it is to provide meals to the less advantaged people in our community and many instances... Ms. Oliver: Thank you Mr. Bibbs, I'm sorry, your time is up. Mr. Bibbs: Thank you. Mr. Ripley: I would ask a question. As a board member, you know, there's been discussion about the opportunity to relocate the food service to what I heard and that make makes the most sense,is this police academy and if it worked out? Is that something the board supports? You have the feeding facilities on your property or with that [Crosstalk]? Mr. Bibbs: We have residents sleeping there, our office there,that's our support system. That's where we've been for 33 years and we'd like to keep it there. Mr. Ripley: But would you support that? 16 Mr. Bibbs: Support moving it? Mr. Ripley: Yeah. Mr. Bibbs: Not our preference. We'd rather keep it where it is. Mr. Ripley: Not your preference,but would you support it if it was made available to you? Mr. Bibbs: I don't know the view of the board is in general; my personal view is I would not like to do that. Ms. Oliver: Yes. Mr. Graham: That is contrary to what I had heard earlier from representative of JCOC. And, what I'm hearing from some of the speakers, there's been really sounds like you guys want to keep it where it is. There's a cost associated with it for commercial property near it, but it seems like that's okay with the JCOC. Am I wrong? Is a thought that other property should take on the financial burden of all the people that are loitering and other things? I'm just curious, because it just really I don't know, is that the case? Mr. Bibbs: Your question is, you know, is it better to try to move to the kitchen? Is that what you're asking me? And I think we could move. Mr. Graham: I'm not asking you. You've already told us that it's not better to move the kitchen. It's not your belief that it is. Mr. Bibbs: By moving the kitchen,that doesn't fix the crime problem, crime still going to exist whether the kitchen is in point A or point B. Mr. Graham: Well, my guess is if the soup kitchen is next to a police academy, there's probably going to be a little bit less crime at the soup kitchen, but I could be wrong. Mr. Bibbs: Well, I think we'll have the security cameras and will be further set back and I would like to keep it where it is, sir. Mr. Barnes: Okay. All right. Ms. Oliver: Okay. Thank you very much. Mr. Bibbs: Thank you. Ms. Sandloop:Liz Stevenson and then Beth Richardson. Ms. Oliver: Welcome. State your name for the record please? 17 Ms. Stevenson: Liz Stevenson and I'm a Pungo resident. For the last 20 years, my family has supported the Judeo Christian Outreach Center. My husband Kevin Stevenson, the President and CEO of PRA group could not attend today. But I wanted to share that along with our family, PRA group has become a major corporate sponsor of JCOC. PRA is a global company headquartered right here in the 757. They chose JCOC as one of their major corporate donations,as has the Bank of America. These major corporations realize the important role JCOC plays in our community. I am here today to convince you of the same. As I became an empty nester, I started to volunteer weekly and by the way,I'm there every week and I haven't seen any police cars. I've seen one ambulance because a lady fell ill. And I immersed myself into the JCOC, I was then asked to join the board of directors. Now the question is,why do I drive all the way from Pungo to the Oceanfront every week, put in extra hours at JCOC, when there's so many other charitable organizations on the way there or nearby me. I could play with the puppies at the SPCA or the horses at Equi-kids, or I could go back down to Creeds Elementary and work with the students down there like I did when I was with the PTA. I do it because I believe in the mission of the Judeo Christian Outreach Center. I believe it is my duty to serve those less fortunate than me. And, I believe in Todd Walker's ability to make this great program even greater. JCOC works to provide two of the most basic human needs food and shelter, while allowing a person to maintain their dignity. The various feeding programs that you heard that have been almost 181,000 meals last year keep those families in their homes and keep their children belly from growling. Let me repeat that so you remember it, to keep the families in their homes, and I want to leave you with a short verse. When the multitudes found Jesus, they continued to follow him and he was moved with compassion for them. That evening, the disciples came to him telling him to send the multitudes away, that they can go buy their own food,but Jesus said to them,they do not need to go away. You give them something to eat. The hungry people do not just go away into the cracks. There are people that live among us with and without homes and we must have compassion on them and follow Jesus' lead that we must give them something to eat. We need to rebuild this campus, and I'm asking you to vote for that. Thank you. Ms. Sandloop:Beth Richardson and then Linwood Branch. Ms. Richardson: Good afternoon. Thank you for having me. I'm Elizabeth Richardson. I live at Sea Bridge Square neighborhood, which is behind the JCOC. Anyway, I'm a little nervous. I've lived there since 1990, so I've seen how it has evolved. I've even volunteer there. I've worked there at the convention center. I've seen the homeless for decades. I know them by name. We are talking about professional homeless. Our concerns are, they are only concerned about to the fence. If you're 18 going to have compassion for your fellow brothers and sisters, I'm your brother and sister that live there. I see the beer cans and the drugs and the prostitutes on the corner at our bus stop. We have to call the police when the police department brought a tower that is on a trailer and it rises up in the air so they could see, it's an observation tower, the professional name of it but within minutes, all the homeless walked out of that parking lot that were beside the homeless shelter because they didn't want to be seen by this camera that is on this tower. We as a neighborhood have been frustrated by the lack of cooperation, because they only want to police to their fence and someone's on the other side of the fence talking to the people being served, and they're doing all this bad stuff. And it's all around, 500 feet around and this is right across the street from the new Sports Plex. I don't see one of my neighbors here, because we're poor people, and we are working. I took off work to come here. These people do not come here and watch in the parking lot what's going on? It may be beautiful where their head lives are on when they're being fed,but when they're outside the Judeo Christian Outreach Facility, there's a problem. And if they really have concern for my neighborhood, why aren't they helping us through these last 30 years to help bridge the gap to clean up around their facility,not just their facility. I want to feed homeless people,but I don't want them to take an advantage of my hospitality in my neighborhood because they're coming through. Thank you very much for having me. Ms. Oliver: Thank you very much. Ms. Sandloop:Linwood Branch and then Bill Desteph. Mr. Branch: Members of the Planning Commission, my name is Linwood Branch. I'm here today speaking as a member of the Resort Area Strategic Action Planning Committee, which we call RASAP 2030. This plan sets forth resort development vision for the next decade. For the past year, the committee has worked very hard and is comprised of civic business and major attraction representatives with ample staff support. I feel it would be very unfair for you to make this very important decision today without benefit of the committee's recommendations regarding 17th Street. You'll be receiving the RASAP 2030 plan next month,but you need to hear the vision now and I'm going to tell you what it is. I was struck by the fact that the planning staff write up for this application specifically mentioned that the RASAP plan is silent on 17th Street that is true the current plan on file,which was developed in 2007. 17th Street is not mentioned in that document and none of the eight recommended CRP priorities includes anything to do the 17th Street, 17th Street is as neglected in that document as it has been historically, a road where one drives on gutter pans with public infrastructure dating back to the town of Virginia Beach. Out of towners would curiously ask how this land so close to the ocean could be so under and unsuitably developed. A land use consultant hired by the City in the 19 1990s deemed the stretch of real estate as the most underutilized, he had ever seen anywhere in the country. This is the land that time seemingly has forgotten. And the RASAP 2030 plan which you'll be getting next month, 17 Street takes on a primary role, assessing the strengths and weaknesses of that quarter show the following. Strengths close to the ocean, Sports Center, Convention Center, ViBe district and Dome project. Strength, 17th Street improvements have already made the city budget. Strengths, significant parcels of underdeveloped and undeveloped land in a city where there has become a precious commodity. Strength advocacy groups that have been organically created by caring citizens including the ViBe district and the 17th Street Association. Weaknesses, incompatible uses but if the City sets the vision over time, economics should inset the redevelopment of the tow yards and auto repair centers. Given those strengths and weaknesses, 17th Street will receive these recommendations that are coming your way from our committee; 17th Street is designated as a gateway to the resort from Bird Neck Road East. The 17th Street quarter is listed as a key development area. A 17 Street is our number one recommended priority project for CIP streetscape improvements. The corridor is envisioned to be primarily mixed use and residential with an assortment of dwelling units including affordable and workforce housing, creating a walkable community to the abundant employment opportunities nearby. This workforce housing is very important to the business community. We should take advantage of every policy and program to provide affordable in entry level housing in the quarter. So how does this application before you fare with the RASAP 2030 vision. Well, the SRO housing component fits perfectly. Entry level affordable housing helps live 38 more people from living on the street, under shelter, recommend approval. It is not possible to make a case that a dining hall operation was street feeding types of feeding supports this proposed plan. We need a better plan. Recommend denial. I can report to you that after spending a year listening to the people who have made tremendous investments in the ViBe district, trying to resuscitate this corridor, and from those who would like to join them in development,the passion and desire is real. A 17th Street is finally getting attention and love. I have passed out a page to you from the RASAP 2030 draft report,which shows the current state of 17th Street and the proposed future state of 17th Street as planners entrusted with making land use recommendations for a City, I ask you which picture will provide the affordable housing and employment opportunities, which is really the main focus we should put on homelessness. If you favor the future,plan does a street feeding dining hall help or hurt that cause? In my opinion, it does not. 17th Street can no longer be an incoherent mixture of contradictory uses. It is time to choose a path. This is the choice before you. Thank you. Ms. Oliver: Thank you. 20 Ms. Sandloop:Bill Desteph and then Gina DesRoches. Mr. Desteph, all right Gina DesRoches and then Bert Harrell. Ms. Oliver: Welcome. Ms. DesRoches: Hi. Thank you planning commission members for your consideration today, my name is Gina DesRoches. And I'm a property owner and a concerned citizen. The Planning Commission is tasked with making recommendations to the city council on land use issues in consultation with the city staff. Upon reading the staff report on this application, I was struck by the lack of transparency concerning the significant safety issues which have plagued this area. When the City staff asked the police department to provide support for the crime statistics in this area, the letter from the Chief of Police was given just one sentence in the staff report. Since September of 2018, the JCOC has not providing shelter services as this location is my understanding they've moved to the HRC. So, they have just been providing the feeding program. So, I think it gives us a good years worth of data to look at, to quote from the police chief letter and this is his quote, "However, it is my professional opinion that the JCOC staff is under equipped to address the full scope of issues that are present at this location. As a result of Virginia Beach Police Department is consistently called upon to alleviate citizens concerns and address criminal activity,which is best evidence by the fact that there were 326 police calls for service in a one-year timeframe for just one city block."He goes on to state and I "our attention and focus on this one location significantly takes away from our ability to provide the high quality of services that the Virginia Beach Police Department strives to provide equally and proportionately to all citizens who live, work and play at the Virginia Beach Oceanfront". There are significant public safety issues in this area and there have been for years. I do not believe the right course of action is just to continue the same practices and hope for a different outcome. Do the surrounding businesses and property owners not have any rights? Looking forward, the City will open a new $63 million Sports Center for children and young adult athletes. The parking lot is located directly across the street from the JCOC with the curb cut into the parking lot of the Sports Center. The Sports Center will bring thousands of children for sporting events into the area. Does anybody have any doubt that the crime the current residents and businesses have been dealing with for years will not manifest themselves at the sports center? So, in closing, I feel like we all have numerous questions and concerns and how can you make an informed decision at this time? Our leaders and decision makers just going to approve this and hope things change? Ms. Oliver: Thank you. 21 Ms. DesRoches: Thank you. Ms. Oliver: Sorry. Mr. Redmond:Madam Chair, I've a question, please don't go away. I'm gonna go way out on a limb and guess that you and Mark are married? Ms. DesRoches: That's correct. Mr. Redmond:Okay. So where is it, the piece of property that you own? Ms. DesRoches: We own property across, directly across from the second precinct. Mr. Redmond: There's the aerial. Can you show me on this? Ms. DesRoches: It's a little further down. It's directly across from the second precinct. And, I do have a little story to tell with that when we bought the property, it was over grown with brush and in the back of it, and we, we got numerous complaints from people that they said there's people living in there. And it's affecting us, and we want you to clean it up and we weren't mandated to clean it up,but we did clean it up. And, it was really quite a sight when we did it. There were needles, there was clothing. There was just everything you could imagine in that area. Mr. Redmond: I am clearly unsurprised by that, I found that in places in my neighborhood as well. So, when did you buy that property? Ms. DesRoches: In May of, I think it's 2018. Mr. Redmond: May, so last year? Ms. DesRoches: Yes. Mr. Redmond: Okay. Thank you. Ms. DesRoches: You're welcome. Does that make a difference? Mr. Redmond: You answered my question. Ms. DesRoches: Okay. Ms. Oliver: Thank you. Ms. Sandloop:Bert Harrell, I'm guessing and then Shannon Kane. Mr. Harrell: Good afternoon. Ms. Oliver: Good afternoon. Please state your name for the record. 22 Mr. Harrell: My name is Bert Harrell and I am with Pavilion Realty down at the Oceanfront, I have the shopping center directly beside the JCOC, and had a few things I wanted to bring up front of the Planning Commission if I could. One thing wanted to know is that we built shopping center approximately three years before the JCOC broke ground on the facility. So, I have personally seen ups and downs associated with underprivileged in the homeless. We are compassionate for the homeless and believe they should be helped, but although the JCOC provides a service the homeless population and those who are looking for their next meal, there are many negative aspects associated with the operation. I would like to read a letter from the adjoining shopping center. I'm sure some of the people in the audience have not heard this but this is from Phillips Eddison, who owns the Food Lion next door. JCOC currently provides free meals and temporary housing assistance at their existing facility while Phillips Eddison appreciates the work JCOC does to the community that JCOC operation jeopardizes the safety of our customers and property. Of the 253 calls for service at our shopping center, 88 are rising from homeless or pandered. This is pretty good example of what's going on. We have faced the same at our shopping center spending roughly$14,000 a year on security just to monitor our shopping center. Homeless breaking into our building, sleeping behind our store, panhandling, loitering, shoplifting, and all these things I have personally witnessed. In the last couple of months, we've had numerous meetings with the JCOC, their attorney and board members trying to come up with a consensus or something that we could all agree upon. When I presented the crime problem in our shopping center, one board member stated that they would like to see the reports, as if I was making this up. I also stated that I could not understand why the applicant did not approach us to talk about the possible application before it was submitted. The comment was, "well, you didn't contact us either.". Since the beginning of the JCOC, no one has ever and, I stress ever called us to see what can be done to address the problems we were experiencing with their operation. I have heard so many times. We can't control what's goes on outside of our parking lot. On a weekly basis, we have also hired towing companies to tow vehicles from the side of our shopping center. No one at the JCOC seems to think that they are the central theme to some of the problems associated with this corner of the city. Our rental income has been severely impacted, and we do not receive market rate because of the homeless shelter next door. Has anyone talked to the merchants in the next either shopping center, ask the manager of the Dollar General if she feels safe at night? Or how about the manager at the smoke shop who has to lock her door? Ms. Oliver: Mr. Harrell, time is up but I do want to ask you a question and specifically since you are a neighbor of the JCOC how is this effecting the shop in your shopping center? 23 Mr. Harrell: Well, we do not receive the normal market rate of rental income that we would normally see at a shopping center. And, our expenses based upon removal of trash, debris,security,common area,maintenance area items are typically higher than any other shopping center we operate. Ms. Oliver: And, the one on the either on the other side, I guess it was the? Mr. Harrell: Phillip Eddison who owns that where the Food Lion is. Ms. Oliver: They experiencing the same? Mr. Harrell: Yes maam, exactly the same thing. They're currently spending $22,000 a year in, I'm sorry, $20,000 a year in undercover or off duty police officers to monitor their shopping center. Ms. Oliver: Yes. Mr. Graham: Quick question about the parking,you mentioned that you had to tow cars from the parking lot. Where the cars coming from? Mr. Harrell: They're coming into our parking lot; they parked on the far south side next to the Dollar General. And, the people walk over and go to JCOC. Mr. Graham: These are people that are going to the JCOC? Mr. Harrell: Yes sir. Mr. Graham: And they are parked? Mr. Harrell: Yes sir. Ms. Oliver: And, is that do, I'm just asking question is that due to the fact there's no parking on that? Mr. Harrell: I cannot say for certain,but I know that I have personally witnessed numerous times and we have this problem when we discuss it with our tenants there that there's parking, people parking there and going over to JCOC. Ms. Oliver: And the response from the JCOC? Mr. Harrell: We can't control that. Ms. Oliver: Yes, Ron. Mr. Ripley: This morning, the police chief addressed this informal meeting I don't know if you were in there. 24 Mr. Harrell: Yes sir, I was here. Mr. Ripley: Okay. And he spoke of the safety security plan. Is that something you'd be willing to participate with the property owners did together and trying to determine a strategy. Mr. Harrell: But if, you know, if we're looking at past history there's never been anything presented to that aspect of trying to help the neighbors around this center. Mr. Ripley: I understand that. Mr. Harrell: Yes, I am willing to do. Mr. Ripley: Thank you. Ms. Oliver: Yes David. Mr. Weiner: It's going to be hard to say but I would say it anyway. Back in the early 80s when the Belo was there in that shopping center, I just working at Belo and it hasn't changed one bit since that shopping center. I mean, nothing has been trying to fix up, we haven't tried to fix it up, put a new sign on it, anything to it, I mean, I don't, I mean,I gotta tell you the truth. I go there every 2 weeks, I go to Jessy's over there all the time; It is one of my favorite places. So, I mean, but it's nothing's changed there since the early 80s. You can't blame it on not getting the amount of money because of the homeless because nothing's changed there and that means it's been like that. You know what I'm getting at. that's my opinion. That's just my opinion. Mr. Harrell: It's just your opinion, sir. Yes, sir. Ms. Oliver: Anybody else? Okay, thank you very much. Ms. Sandloop:Shannon Kane, and then George Moore. Ms. Kane, alright, Mr. Moore and then Dallas Stamper. Ms. Oliver: Welcome. Mr. Moore: Thank you. Good afternoon, Madam Chairman and the Commissioners of the Planning Commission. My name is George Moore, a retired local businessman who owned the mortgage company in Virginia Beach for over 20 years. I'm also the co chair of the Board of Directors of the JCOC, and a volunteer for this organization since 1988. It is an honor to speak with you today asking for your approval to build a new campus at our current site on 17th Street. Now, it's been a long day today. I appreciate you all being here and letting us bring this to your attention that we do want to get approval for our new campus. But I do want to clarify one thing, we would and are willing to move our dining hall to a facility that 25 the city is working with us. I have been in several meetings with Todd and other board of director members with Ron Williams, Andy Friedman, Eddie, our attorney, Ruthie Hill, and Karen Prochilo,this has happened several times over the last few years. And we are very interested in moving the facility of the dining hall. When we find that facility, we just haven't found it yet. They are working very hard with the SeaTac Elementary School, but we just have not found that yet and had been approved to do that,but I do want to say that there has not been violence or loitering at our facility and I've been serving there myself for the dinners. And that is not something that is going on in our facility. So again, I wanted to be short with my presentation and to be brief but I did want to stress about our ability and willingness to move with you all to a new facility if we found one. Ms. Oliver: Yes. Mr. Graham: Question, are you on the same board, the gentleman from the Presbyterian church is on? Mr. Moore: Yes sir. Mr. Graham: You guys have a different opinion? So, what is, I mean, I'm hearing two different things from two different board members on the same board. Mr. Moore: As I have stated, it is our position. the Board of Directors that we would move our dining hall to another facility if bound that was satisfactory to our organization. That is correct. Mr. Oliver: Okay. Thank you very much. Mr. Horsley: I have a question. If you did move this dining facility,would that not help alleviate some of the problems that some of these neighboring businesses and all or complain about with parking them and I'm anticipating that when people come for the meals as when you get this access parking, and maybe access lorry because you got more people there during meal time than you have any other time, with not just help alleviate some of that loitering problems and parking problems that these people have talked about this afternoon? Mr. Moore: Yeah, we really don't have any loitering problems because once we serve dinner at 6 o'clock,the meals are over by 6:30 or 6:45 and Todd has told me this many times before,by 7:30 everyone has gone? Mr. Horsley: Well, they may leave your property, but they may go around to a neighboring property, do they do that? Mr. Moore: I am not familiar with what. 26 Mr. Horsley: That's the point, I am getting. If they're not eating they won't be there to do that. Is that right? Mr. Moore: Well, we don't have that type of clientele coming to eat at our facility, they're not going out, to my knowledge the other neighborhoods and creating any situations. I'm not aware of that. Ms. Oliver: Well I have a couple of questions for you, you said that the food service is over by 7 or 7:30? Mr. Moore: Yes ma'am. Ms. Oliver: On your application, it asks for it to be finished at 9. So, are you not, are you all ending your food service at 7 or 9? Mr. Moore: Well, like I said, we serve dinner at 6, and again, I've been there and done this numerous times. In fact, I'm representing my church this coming year, as setting it up, our folks helping with our church. We eat at 6 o'clock, about 6:30 or 6:45, the folks have been fed and they leave the building and the facility. Ms. Oliver: Well, one of the conditions on this application asked for it to be ending at 9. So, I'm a bit confused that? Mr. Moore: Well if they can stay until 9. Ms. Oliver: They can stay there till 9. Mr. Moore: Yes,he does agree to that, but I'm just saying, as a general rule, people do not stay around and again, the word loitering came up once, but we would be happy for them to stay. We enjoy meeting with the folks and whatever we could do to help them, we would do that. Ms. Oliver: Understood. Now, I just want to get just a little bit of clarification of what Commissioner Horsley said about the loitering and then you mentioned, not our kind of clientele, so; I'm trying to understand the definition of what that means. Mr. Moore: Well, what I'm saying is we do feed the homeless people, but we don't have any situation where we have any crime or anyone that's not in order is what I really meant to say. Ms. Oliver: While they're in your facility? Mr. Moore: That's correct. Ms. Oliver: But when they leave the property, is I think is what the neighbors are saying? 27 Mr. Moore: Again, I am not familiar with them leaving our property and going around to other neighborhoods. I don't know why that would be an issue because they come to our place. They're not of any obviously, they're not intoxicated or anything of that nature. Ms. Oliver: Okay. Thank you. Anybody else have any other questions? Mr. Graham. Mr. Graham: Thank you. We've heard from a few of the people that live behind the JCOC or own a shopping center next to it, were on a property further down the road is that they are experiencing drugs and alcohol on their property. And, I believe it's not happening at the JCOC, it sounds like you are on a tight ship when it's, you know, kind of with an effort, you know, explain when it's, you know, it's not allowed on JCOC property, but it sounds like it does when the people are on the way there or maybe when they're leaving,or maybe they're waiting for a meal,it seems like that's when it's happening. But I keep hearing that, you know, it's not well, it's on our property,but I can't control what's going on down the road. Mr. Moore: Again, Mr. Graham I'm not aware of that happening at all, where our clientele is leaving our property and going out and doing this type of thing. Mr. Graham: Is this first you've heard of it? Mr. Moore: Oh, no, I'm saying that. It does not happen. That's what I am saying. Mr. Graham: Does not happen. Ms. Oliver: Thank you very much. Ms. Sandloop:Dallas Stamper and then Richard Maddox. Mr. Stamper: Good afternoon. I'm Dallas Eugene Stamper Junior. My dad would like me to say it that way. I run a PiN Ministry. So, I'm the Executive Director there, but I'm speaking to you today as a lifelong citizen of Virginia Beach, I went to Malibu Elementary School, Independence Middle School and Princess Anne High School, spent three years in the Army in the 82nd Airborne Division. But other than that, I've lived in this city. This is my City. I'll be buried somewhere in this city. And I started as an engineer, but eventually started going out and helping homeless people and that's how organization started. And the meals are so critically important to bringing people in to give them help. I've seen with organization with JCOC, there are people that are working, but they're struggling to eat. And they rely on like JCOC to come in so that they can get a meal. It's just, and then their lives begin to change like you heard from Claude earlier today. The meal was the first part. And as the resident of Virginia Beach, I'm very excited about what's happening in the future of our city. All the great things were going to build to 28 attract people to our city. But I also don't want the poor people in our city to be forgotten that live at the Oceanfront, we have people that have a lot of money and people that have very little money. And I want to make sure that the citizens that are our neighbors and our people that we care about, are able to still eat and those kinds of things. And I can tell you personally, I've been working with homeless people since 2002. I know more homeless people than probably most of the people in this room. And 95% of them are good people who want to change, who have gotten themselves into tough situations. And, I can tell you from knowing JCOC, long before Todd was there, they've made great strides and cleaning up the area to do things, you don't drive down 17th Street and see the people that used to see out there and that's because JCOC has been proactive about that. They've heard the cries of the citizens and they've reacted and so and they'll continue to. I have a great relationship with JCOC, we work together to try to help people to transition them from being homeless to not being homeless and Housing Resource Center is a great thing, but we're still resort city. And sometimes people come to our city because it's called Virginia Beach. And, it's how you take those people that are in those tough situations and transition them. So, I don't think I'm going to take my whole time, but I want to thank you guys and,tell you that the meals are extremely important. What we've seen is feeding people gets them to take the next step because you have a relationship with them. And I can't tell you the number of relationships that I've had that have taken the next step by having a meal. So,thank you all. Ms. Oliver: Thank you very much. Ms. Sandloop:Richard Maddox, and then Drew Lankford. Mr. Maddox: Good afternoon Madam Commissioner, and all committee members. My name is Richard Maddox. I'm a former Beach District council member. I'm a former RAC member, former chairman of the Resort Leadership Council and my family's been in business in the resort for 70 years. In 17 years ago,when I was on Council,there were serious discussions by both senior staff and council regarding the JCOC and its land compatibility for the $250 million Convention Center, and we're getting ready to build. We talked a lot about the impacts, the negative impacts and how it was really not compatible with that facility. And the 17 years that have taken place since a lot has happened. The ViBe has sprung up organically triggering and furthering the rebirth of 17th Street. This year's budget as Linwood said a minute ago, the city appropriated nearly $30 million to begin the reconstruction of 17th Street from Pacific all the way back to Bird Neck. And, we have a $70 million athletic facility under construction directly across the street from the JCOC which will bring people in,kids from all over the country to that location. The impacts of the JCOC are real and they're severe. The community,the surrounding businesses, 29 and the neighborhoods deal with it every day, things too graphic to mention on this podium. I'm not here to disparage the people that work at the JCOC. They do great work. They're dedicated and they're well intended, but the feeding component is absolutely incompatible. It was incompatible 17 years ago. It's even more incompatible today. I would urge you in the strongest possible way to deny that component of the planning item today. Thank you. Ms. Oliver: Thank you. Any questions? No, thank you very much. Ms. Sandloop:Drew Lankford and then Barbara Clark. Mr. Maddox: Good afternoon Madam Commissioner, and all committee members. My name is Richard Maddox. I'm a former Beach District council member. I'm a former RAC member, former chairman of the Resort Leadership Council and my family's been in business in the resort for 70 years. 17 years ago, when I was on Council, there were serious discussions by both senior staff and council regarding the JCOC and its land compatibility for the$250 million Convention Center we were getting ready to build. We talked a lot about the impacts, the negative impacts and how it was really not compatible with that facility. In the 17 years that have taken place since a lot has happened. The ViBe has sprung up organically, triggering and furthering the rebirth of 17th Street. This year's budget as Linwood said a minute ago,the city appropriated nearly $30 million to begin the reconstruction of 17th Street from Pacific all the way back to Bird Neck. And, we have a$70 million athletic facility under construction directly across the street from the JCOC which will bring people in,kids from all over the country to that location. The impacts of the JCOC are real and they're severe. The community, the surrounding businesses, and the neighborhoods deal with it every day,things too graphic to mention on this podium. I'm not here to disparage the people that work at the JCOC. They do great work. They're dedicated and they're well intended, but the feeding component is absolutely incompatible. It was incompatible 17 years ago. It's even more incompatible today. I would urge you in the strongest possible way to deny that component of the planning item today. Thank you. Ms. Oliver: Thank you. Any questions? No, thank you very much. Ms. Sandloop:Drew Lankford and then Barbara Clark. Mr. Lankford: Good afternoon. Ms. Oliver: Good afternoon. Mr. Lankford: My name is Drew Lankford, I worked with the City in the Public Works Department, and I'm the Vice Chair of the Board for the JCOC. I had quite a few 30 things to write down today, but I think maybe it's more important to come back circle back and respond or reinforce some of the things that have been discussed before I stood up. What we are talking about is putting housing units on this site, that's what it's always been about. We have started the question; we've shifted the questions over about the feeding facility. We've made it clear for the last couple of years, we're not opposed to relocating the feeding facility in fact, I spoke with the city manager Dave Hansen at the time, and said what about the Law Enforcement Training Academy? What we're talking about is putting up housing units here for people to get them off homelessness. I've been stunned to hear this whole fog and smoke today by all these crime figures and how all of a sudden that's because of the JCOC. We can burn that place down to the ground tonight and guess what, you're still gonna have people in the parking lot of Food Lion drinking and you're still gonna have people roaming around peeking over fences and whatever all these other things they come up with. Mr. Johnson, the former police officer at second precinct didn't finish his, he ran out of time in his report when he was the second precinct, he told me well over 80% of the warrants issued by the second precinct were delivered to the trailer park, not the JCOC, the trailer park. And people everything I've heard today and some of it I don't necessarily disagree with,I'm sure that there are these problems, but nobody I've been listening closely, no one has said these problems are directly because of the JCOC and we know it because those people are part of the JCOC to say they come there and get a meal between 5:30 and 6:30 one night and that's the reason for everything that's like me saying, well, this guy went down to the Dairy Queen other night and got a milkshake went out to the boardwalk stabbed somebody, let's go take it over Richard Maddox. It's not Richard Maddox's fault, it's not the Dairy Queen's fault. When people come for a meal,they leave particularly now they're not staying there. It was brought up. They have been residing at the HRC since September 2018. So, it's not residents of the JCOC. That are doing these things. I don't disagree but there are these things going on. Food Lion sells alcohol, so people are getting there, they're getting alcohol, they're hanging around and doing whatever. We are here to try and help these people. I had it drilled in me as a kid, there before the grace of God go I and it's been gratifying to work here and I've brought in lots of people, my church has contributed thousands,but to sit there and say, well,this means this crime. There's one lesson we've learned the last six months in the city. We can't predict when somebody is going to commit a crime. This is about getting housing units up, helping people get off homelessness. So, I want us to keep focused on this, this that we've proposed to you is by putting up individual housing units that will help people get off homelessness. The kitchen we'll talk about it. We're not opposed to it. We've met with these people and we've said we would, and they supported our housing unit and provided we move the kitchen. 31 Ms. Oliver: Thank you very much. Mr. Lankford: Thank you. Ms. Oliver: Yes, hold on. STOPPED HERE 3:36:25 Mr. Ripley: Mr. Maddox mentioned that he recommend that we deny the feeding facility but I hear people with no objection to the residential building,have y'all looked at a plan that would allow you to build the residential building and leave your feeding facility in place? Have you looked at a concept of? Mr. Lankford: Oh,yes. Keeping the facility that you have right now,but building the new housing behind it, yes, I mean. Mr. Ripley: Would that work? Mr. Lankford: Maybe Todd can address that better, I mean, we've had the plan where it's off the street. Mr. Ripley: You have permission to do the feeding facility now. Mr. Lankford: Right. Mr. Ripley: Okay. You have a vested interest a vested right to do that. No question about it, okay. Nobody can take that away from you. If you left it where it was, or it is,but got permission to build your housing facility would take you to redesign your plan, that would be something that give you some flexibility. Mr. Lankford: I mean there's some flexibility there. Mr. Ripley: Give you time that maybe work out on another location for the feeding,if you found something satisfactory to you? Mr. Lankford: Again, I can't speak for the board, but yeah, I mean, we're open to, yeah, trying to work something out. Important thing then this is something we've been working on for over three years and we've met over and over and over with the city officials. I mean, I'm getting birthday cards from Andy Friedman, now we've been seeing each other so much. And they've been very helpful. Former City Manager Hanson tried its best to find a something, Ron Williams has worked hard to find something, and we are open, and have been from day one. But,you know,we've got to get this going and where the feeding is located is almost a separate issue. But again, we're not being closed minded about that either. The thing though, we really need to get this going, and the money and the grants and things that we would be eligible for, we need certain permits in place to go on for that. But again, we have gone back to the drawing board several times with suggestions from the city. Can you do this, 32 when we've had the architect draw the plans and all, I mean, we've done this a lot of ways. And I mean, I'm out of here to say we're closed to anything. There's nothing chiseled in stone here. Mr. Ripley: Okay, well, thanks. Mr. Lankford: Does that answer your question? Mr. Ripley: It does. And I know I asked you a tough question,because you gonna ask somebody to redesign what they're doing, it's a tough question to ask from this part here, and I'm not trying to plan your property. I'm just asking your question,if that would be another way... Mr. Lankford: From the very beginning, we've had to change some because I mean,this idea with the single unit housing and all came up after we started the development plan. So, I mean, we've got some experience here by shifting gears and shifting direction. Mr. Ripley: Thank you. Ms. Oliver: Question for you. If you could have your preference versus 38 units originally,you all want to 50, am I correct?No? Mr. Lankford: No, I think it's 38 with the possibility on 50. Mr. Tajan: That's correct. So, the existing emergency housing has 50 beds, which is the number that we translated over. Mr. Lankford: Yeah, when they were residing there, we were housing a limit of 50. Ms. Oliver: Is there a room for 50? Should you not? If you didn't, if you could do 50 verses and relocate the soup kitchen, would that be a possibility? Mr. Lankford: We could do 50 whether the feeding kitchen is there or not. Ms. Oliver: But hat would be permanent,because right now it's not permanent housing? Mr. Lankford: Correct. I mean, what we propose this, yeah, but I mean, what sitting there isn't. Ms. Oliver: Right, right. Okay. Thank you. Mr. Lankford: Thank you. Ms. Sandloop:Barbara Clark, and then Mark Stevens. Ms. Oliver: Hello. 33 Ms. Clarke: Good afternoon, Chairwoman Oliver and Planning Commission members. My name is Barbara Clarke and I live on 16th Street at the Oceanfront. Thank you for this opportunity to speak before you. Well, the folks hearts are in the right place, the current feeding operation has created very negative conditions which need to be realistically addressed. This is an evidence by Police Chiefs Severa's letter regarding in his words the remarkably high number of police hours and resources dedicated to this one facility and resulting inequity, it causes for the safety and security of the rest of us who live,work and play in the Oceanfront area. The excuse of I cannot control what happens outside my property is not adequate. The impacts of ripple effects on the adjacent properties and nearby neighborhoods need to be assessed. These impacts will not be allowed from any other operation in the city. I'm here to support the safety of the residents of the Sea Bridge Square Community and their ability to protect their properties in the interest of neighborhood vitality and stability,please do not approve the soup kitchen at this location. We supported the Housing Resource Center as a one stop shop for homeless services. Please honor this support. Thank you for your time and kind consideration. Ms. Oliver: Thank you very much. Ms. Sandloop:Mark Stevens and then our last speaker Michael Shackleford. Ms. Oliver: Hello. Mr. Stevens: Hello, good afternoon. Thank you for taking all this time today. I am Mark Stevens. I actually own a business on 17th and Cyprus. I opened it up in 2013. But, I also live on 21 st Street, so I'm very vested in our neighborhood. And I'm very invested with the homeless. I have had my business there since 2013, right next to the library and had zero crime. Have I had panhandling? Yes. Have I asked people to move on? Yes. But, I also run a nonprofit for homeless youth. We feed youth 24 and under, we feed families, we feed kids. We do it three nights a week. There was no other services feeding families in our neighborhood except JCOC. There are families that provide, need that and they live in the hotels at the Oceanfront during the winter. They have to go somewhere to eat because they can only afford to pay the hotel bill. Without JCOC doing this, we will have families starving on our streets. I have a young man I adopted. He was five when he was taken away. He was taken away because his parents could not feed him. We cannot let this happen to our citizens. We cannot let this happen to our neighbors. These are our neighbors just as, these are my neighbors I'm speaking against who I appreciate and like a lot. But we have people that are starving on our streets and in this city, we should not have that. And, JCOC is only the one place that they can go in our neighborhood. We also have only 59 food banks and you say well, that's a lot. My sister work with the homeless in Richmond, they have over a hundred. 34 People have to eat in our city. It's not cheap to live here. Thank God I can feed my son and take care of him,but there are families out here who can't. So again, thank you for your time. I appreciate it. Ms. Oliver: Thank you. Ms. Sandloop:Our final speaker Michael Shackleford. Mr. Shackleford: Good afternoon. My name is Michael Shackleford and from 2012 to 2014, I worked at JCOC as the Grants Manager. And, I think I have a unique perspective. In that time, I had dinner almost every night that I worked after work, and I broke bread with our residents there. We used to have the housing program and I saw a lot. And, I learned more about homelessness there than I could in any class or seminar. And what I saw at the feeding program was people of all, you know, people that are on the margins going there and eating, and that was keeping people from having to live in our shelter. And, the other aspect of the feeding program it is really good, is that it helps bring people into get resources, because you have a lot of people that are homeless, they are on the outside, they want to be alone or they do not want to be in society,but everybody needs to eat. The feeding program would bring them in, and then with contact with staff and other folks, then they would start to seek services, get into our shelter and end their homelessness. And, one of my proudest moments, and I was working there. Some guy called me up, you know, so came in the office, I was working on a grant and he said, Hey, you want to talk to me. He was a veteran. I'm a veteran. And,because of the rapport I had, we started talking and I was trying to bring him in to get services. So, everybody talks about the bad behavior that takes place outside of JCOC. But what happens in the feeding program helps people in their homelessness. That's all I got. Ms. Oliver: Thank you very much. Mr. Bourdon? Before maybe, I just would like to have maybe Mr. Friedman come up,real quick, if you don't mind and just because you're getting ready to. Mr. Bourdon: I got a lot of things to say. But I'll wait. Ms. Oliver: Do you want to say them now? Mr. Bourdon: Well, it's up to you, I think it might be better and then. Ms. Oliver: Let's have Andy, if you don't mind. Mr. Bourdon: I don't mind. Mr. Horsley: Madam Chair. Ms. Oliver: Yes. 35 Mr. Horsley: At some point, I'd like to ask Mr. Johnson, who's that second precinct person? If he's still here, come back and finish, what he didn't get to say. I think he is important source of input. Ms. Oliver: Well come on Andy,yeah. We all know who you are,but for the sake of the record. Mr. Friedman:Andy Friedman, Director of Housing and Neighborhood Preservation. Ms. Oliver: Thank you. And I just want to appreciate, as I said earlier, you and Karen and Ruthie Hill and all that you all done for the Housing Resource Center and just for the sake of the people watching and for the people in the audience, I would, you know, appreciate it if you could just speak on the Housing Resource Center,how it works, how successful it's been, and how it works in conjunction with the JCOC at this time, if you don't mind just a little bit and then I've got a couple, some follow up questions for you, if you don't mind. Mr. Friedman:Thank you. So the Housing Resource Center was the result of a several year community process to identify how the City could and the community together could take the next steps and really enhance how we address homelessness,. addressing homelessness means making, taking people from homelessness into housing, it's really not about helping people survive homelessness,but rather to get them out of homelessness into housing. The center evolved into becoming a one stop shop where we can help people who may about to become homeless to avoid that, where we can shelter people overnight, where we can actually house people on long term housing, and where we can continue the work of the lighthouse center which provided a place for people who are still homeless on the street to get showers, do laundry and connect to services. We also have health services on site. We have social services on site. So, it's all of those things in one place, which removes a lot of obstacles for people who are homeless. The Housing Resource Center is not going to and has not eliminated homelessness in Virginia Beach. There are multiple myriad causes of homelessness. What the center does is really steps up our ability and the number of people we can serve, getting them out of homelessness. There are also, it's also important to know that in any group of people, there are those who desire to move forward. Those who may desire to but don't know how to and then there have been as always, there are people who are homeless by choice and may remain that for a long time until they finally reach a point where they want to get out of homelessness. Our job is to offer the best possible magnet of services and housing to them. We do outreach as well. We have an outreach team that's been established for five years, travels all around the city, interacts with people from the boardwalk already, all the way to Norfolk Line and seeks to bring people into housing. In the first 11 months that we were there, 501 people who previously were homeless became housed as a result of the work 36 of the city and its nonprofit partners who operate the services at the Housing Resource Center, and an additional 203 people who might have become homeless were prevented from becoming homeless, from through assistance and redirection of their issue,possibly to family,possibly through paying last month's rent or things like that. JCOC is a partner in the overall city community partnership to address homelessness. They are a provider of services at the Housing Resource Center, they operate day services and they operate the single shelter, which they started when they ended their shelter at 17th Street. JCOC also as our operator of the emergency winter shelter program, which has been a community program for over 35 years that provides through many of your churches, overnight shelter to people who are not currently housed or sheltered, so we as the City coordinated large community system of nonprofits, faith organizations, other government agencies, to do all this to address homelessness. Ms. Oliver: Thank you. Does anybody have any questions for Mr. Friedman? Mr. Alcaraz: I do, in the informal. I'd ask the question about, I guess,redirecting for the feeding program and you had mentioned that the lighthouse, I guess, discontinued 2018. Mr. Friedman:Yes sir. Mr. Alcaraz: So those that went to the lighthouse for showers, laundry and services,how do they get to the Resource Center? Mr. Friedman:Right. So, our initial, when we were planning the center, we said that we wanted to make it a magnet, and that we would do everything we needed to get people there. We have found that people can get there when they need to. We also continue our outreach team so that when people are found, and they want to come to the center, our outreach team has the ability to transport them there. We live in a country where anyone can travel wherever they want to at any time. And, so; they have that opportunity to come to the center. We hope we continue to make it as attractive as possible for those who want to get out of homelessness,and then we provide the direct transportation whenever we encounter people who need that help. Mr. Alcaraz: But again, the feeding program did not work, correct? The transportation to the Resource Center, the central location for this service did not work and they just stayed at the beach, is that what I'm hearing? Mr. Friedman:I'm not sure your question about feeding. Mr. Wall: Transportation for the dining hall. 37 Mr. Friedman: So, we have never had a, we do not have a dining hall at the Housing Resource Center. We only feed people who are actually receiving housing or shelter or participating in day services there. Mr. Alcaraz: Okay, I thought there was a breakfast, lunch and dinner program there available. Mr. Friedman:Only if you are part of services at the center, so you can't just walk in and get a meal. Mr. Alcaraz: Okay, thank you. Ms. Oliver: You could participate in the program. I had a question and I just lost it. Anybody else have questions for Andy? Yes Ron. Mr. Ripley: The concept of deferring, giving you time to work out possible, another location for the feeding facility is that something that you think can be worked out in a reasonable period of time, and I guess you need to find a reasonable period of time as city time sometime that's real long. You have any sense of that? Mr. Friedman: So I would just refer back to deputy City Manager William's remarks that he is working to address the issue of the Law Enforcement Training Academy and in addition, we are working to with sites that have been identified as other potential sites that could be offered to JCOC and reduce them, review and vetting of those sites. But I really couldn't offer a recommendation about how much time that would take or whether a deferral is appropriate or not. I just say that our assignment is to do that work to find those alternatives. Ms. Oliver: And, I have a question for you Andy,just statistics reasons in the City because I know you all just such an outreach and you really do basically have a head count fairly close on our homeless, what's the percentage of people would you guess that are reaching out for the resources that the City provides? And, the people that decide that they don't want the help, but they just want to stay on the streets? Mr. Friedman: So, I don't really have a number like that. Sometime, it's really more a matter of time and effort that additional effort and additional time when people realize there's a barrier that they really can't overcome,but I couldn't characterize that. Ms. Oliver: Okay, all right. Mr. Inman: I have a question. Andy since you've been working over a period of years to look at for a different site, what do you think would two years be a reasonable time to make a condition that they had to move the dining hall within a two year period? Mr. Friedman: So probably, I'm not going to comment on a policy decision that the Commission has to make. I would just say that... 38 Mr. Inman: I am just asking for a realistic expectation, is that a realistic expectation? Mr. Friedman:I guess, again, I'm going to refer back to what deputy city manager William said is that a few months to get a decision yes or no on that and training academy and somewhat longer than that because the other sites have other challenges to overcome, two years is probably I would say that we would hope to do it in less time than that,but we have to go through the various steps necessary. Mr. Inman: Okay, thanks. Mr. Ripley: I have one more question. Mr. Friedman:Yes sir. Mr. Ripley: And looking at this site plan, and I asked this question a little earlier, I mean it seriously and could this property be developed really in two phases, you know, maintain the needed feeding facility in its present form and build the single room occupancy adjacent to it, and then later tear down the once you've satisfied how are you going to, how you can or cannot satisfy the feeding facility, maybe stages so that condition will allow them to build it two years from now if you weren't able to locate a satisfactory facility, it would give people time to get into the marketplace and find a location to relocate that and then you would have more property to build, actually more single room occupancy or whatever other needs the nonprofit ends with, does that seem like a practical thing to you or not? Mr. Friedman: So it's really a development question, I'd have to defer to JCOC. Mr. Ripley: I know that, I know you need to be more careful when you answer it I am sure, I get it, but to me, I'll say in an outlet looking at it almost even looks like it might have been designed that way, the way it acts is like the little connector between the single room occupancy and the other building that houses the feeding facility and houses with like three administrative offices, perhaps obvious storage, so what is it? I mean, there's got to be a plan that would help them move forward to meet the needs of the community other than just all or nothing, if it's such an objection to the feeding facility at this point, if there's an opportunity to resolve that there's a possible win-win there, I would think. Mr. Friedman:Yeah,and I wouldn't,it really seems to me to be something that has to be re-planned to see if that's possible and I don't have that information. I really don't. Mr. Inman: You also need to bear in mind that even if they move the dining facility for walk- ins away to your residence there that will need a dining facility, so like they do at the Housing Resource Center. If you reside there, you eat there, right. So that 39 would be the same thing would probably apply here so you got 35 residents to live there would still be needed dining. Sure. Mr. Alcaraz: I got one more question, sorry. Ms. Oliver: Yes. Mr. Alcaraz: Andy, couple of comments were made about the condition of the dining hall, is your office, I know does code inspections. Do you have any records of anything or do you notice anything wrong over there that you're concerned? Mr. Friedman:Yes sir. We did a inspection our code enforcement division inspected the properties and outside of the condemned building,we did not find them to be,we found minor exterior deficiencies that we've issued notices to be corrected. But there is nothing unsafe or unsanitary that, you know, as far as the code, you know, the property maintenance code that we enforce, there's nothing that would cause it to be a concern that can't be addressed by the minor repairs that we've given notices for. Mr. Alcaraz: Thank you. Ms. Oliver: Thank you. Mr. Friedman:Thank you. Ms. Oliver: Thank you very much, Andy. Mr. Inman: I'd like you to tell us what else you had to say before your time. Mr. Johnson: Thank you. I got down to the point where we know homelessness is an issue at the second precinct, it is all over the city but certainly at the second precinct,but in my estimation, the two hats that I wore over the period of time that I was down there, the JCOC does way more to help and it does hurt to suggest that some of the people that are hanging out at the shopping center or at the gas station down in front of Sea Breeze to suggest that none of those were at JCOC would be disingenuous. Some of them certainly were,but having worked down there and been responsible for all the crime data in that area, there's a lot of crime that happens in Friendship Village. There's a lot of crime that happens in Atlantis apartments. There's a lot of crime that happens in Colony Trailer Park. I became a police officer in 1980. I wrote search warrants in all three of those neighborhoods when I was a patrolman, Chief Cervera actually was the SWAT commander that executes of search warrants for me, some of them in the late 80s, right around the time JCOC was opening. So again, to suggest that the JCOC is the cause of that is simply wrong. There are issues with it, and I would not say here and say otherwise,but it does far more good than bad. I just anecdotally tell you in 2014 David Kilgore was shot and killed in 40 armed robbery at Beach Pharmacy and I was sitting in the precinct when it happened. They put out a description. I got out,went into my police car and drove three minutes and drove right to the killer. He wasn't at JCOC, he was at Colony Trailer Park, and he was at a trailer that we all knew was a place that distributed drugs in there. I've done 10 search warrants in that place over the years for drugs search warrants in Colony Trailer Park. How many the departments done is I have no roughly idea. And again with the other neighborhoods that are around there that's a crime problem. And again,when I refer to the meetings that we would have, and you better believe the Colony Trailer Park came up in those comstat meetings almost every month, Atlantis and friendship got to where they didn't have to bring them up, they just automatically kind of self reported because of the problems in there. And that's been going on for close to 40 years and so when I read some of the stuff that came out that confirmation bias,you can sit down and type things into a computer and get stats out and if you're inclined to believe that that's a problem there, then you can make those stats say that. And if you're inclined to believe that it's not a problem, you can make them say that too. I know this; I was one of the people that pulled those stats when I was doing this comstat for the department and I guarantee you if I sit down and typed in the information, say incorrectly to try to get the desired outcome, I promise you that the business at the Ocean Front that would come across as the most dangerous and crime ridden would be the Dairy Queen at 17th in Atlantic and everybody knows that's ridiculous. But when you type in an address or you type in a block, anything that happens in that block is going to come up and then I can hit print and hand it to you and then you can look at and go, Oh my gosh, there's 400 calls in Dairy Queen, there's not 400 calls at Dairy Queen, there might not be four calls at Dairy Queen,but you can make it say that. And I'm not saying that anybody's intentionally trying to lead you one way or the other. I'm just saying that the numbers are there. It's pretty easy to explain most of those numbers of way. Ms. Oliver: Thank you. Mr. Bourdon: Let me start with Mark De Roche made a statement that in essence his belief is that the dining hall was incompatible with the support center because the dining hall causes crime, that's the logical progression of what he said. Now, Jay and I also heard about the fact that, you know, JCOC doesn't give people a blood test or a breathalyzer before they come in to eat. Neither do any of the restaurants,bars and other establishments rest in any of the commercial up and down 17th Street. JCOC doesn't serve alcohol on his property, doesn't provide drugs and get called police and get anybody out there who has drugs in a heartbeat. So we're blamed for people drinking and taking drugs before they come. We don't serve alcohol. We get blamed for alcohol that people are consuming that they went down the street and 41 bought, but that's the JCOC problem. Now I'm not here to say that everything that y'all heard today was baloney or wrong and we do as a community need to work together to try to get a handle on issues that exists and Chief Cervera's various security process is something that happy to participate in. But chief Cervera was also right about something else. There's a perception but perception doesn't match reality, to suggest that the JCOC which had 66 calls for service, visits from the police is a better way to put it. And I'll go over that in just a second. There's no anything to speak of, and I'll get to it but that's the problem when what was happening elsewhere in the block there were a lot more serious issues. And to suggest that when the Colony Trailer Park has six times the amount of police visits for all kinds of bad acting and bad problems, we left out the Murphy Trailer Park, which also has a huge number that hadn't been addressed yet, as well as what Johnson just was talking about, this is a problem that exists there that says societal issue problem issue, but the one party that's not causing a problem is the JCOC, now could things,you know,better security better issues,you know,better working with the parties around us, at certainly can be, you know, enhance the center to our east, I've lived here my whole life. There have been people loitering in that parking lot to get picked up to go to work in the morning dropped off in the afternoon, since as long as I can remember and when I first got out of law school live on Norfolk Avenue in the Lands End Apartments and was up and down there all of the time, same was true for the old 711 on the corner, and that's because of there is a need in that area. Drew Langford passed out an article in today's paper about the study that the food bank did of the food insecurity in Virginia Beach's over 44,000 people who are at risk, because they don't have food, it's a really good article. So Tom, I mean,God bless them,you know,one thing we do agree on,he thinks that this SRO is a good thing, but he wants to see the, but the thing he's told Civic Leagues that we have 12, he said there are 1200 calls in three years to the site. It's just not accurate, not true, not even close to being true. Also, Morris and he both said that, Morris told many civic league means that people get bust from HRC to JCOC for dinner completely and utterly false,not doesn't happen,hasn't happened,you know, so that's not accurate. And there are other inaccuracies,but JCOC wants to provide shelter, and also the service that is absolutely, absolutely needed in this area,which is to keep people from becoming homeless. And the gentleman on the board who I think he was responding,Whitney to the issue because he followed Ms. De Roche about somehow blaming the dining facility on crime, that's where his focus was. But our focus,the focus of the group overall is to provide shelter,and to keep people from becoming homeless as Andy and others have said. So, JCOC is absolutely willing, if it weren't for the complications I described it originally to work to move and over to the leader. But we've also spent four years trying to, and we, JCOC brought that to the city over two years ago and we're told no so that's something 42 that they're more than willing to do, because that'll put 50 SROs there, which will provide even more people who can potentially work in the restaurants and the other places, the Ocean Front, they need them, but those restaurants, a lot of them serve alcohol. Okay, so blaming the JCOC for people, who have alcohol dependency problems, when we don't allow it, don't serve it, etc, etc. They have to go to somebody else's property to get it and the people in the other property are blaming JCOC,because they're the tenants who are selling alcohol,not JCOC or giving them alcohol, which we don't give and we don't have. So it's really, that's kind of disheartening,but I think 99%of the people in this room if we all sit here today and say, you know, move the food pantry and service to Lita and do 50 SROs, but the reality of that is,we hope it can happen. But we all know because the lease expires in five months, that we have no idea whether that will ever be able to happen. And we need to move forward with changing because JCOC can decide, okay, we can spend the money, we have money additional money, we can fix everything up that we have and keep right on operating just the way we've been operating with a shelter there. There's a need the shelters full HRC, but we think and we wanna work with the city, have worked and will continue to work with the city to try to get the best infrastructure, the best system to better serve this community and unfortunately, as I said before, we wish you would all go away but if we can just keep it from, if we can keep it the same as it was 30 years ago, which is what essentially is where JCOC is, then we're still not falling behind, but this is an excellent application and you have Excellent people that are running the JCOC, who have worked diligently for four years, and will continue to work obviously with the city and with the City Council and if there's any way that lead a situation can be resolved, and we can move the food service there, you know, we have committed that we would be more than willing to do so. And the SROs would be 50 instead of 38 and that can all be done by city council doesn't have to come back to you all to do that, does not have to come back here to do that. And they're the ones that have to make this happen, none of us can make it happen. I mean, I can go into a lot of other things, but the simple truth of the matter is, is that until those Trailer Parks are redeveloped, and God only knows how long that's going to take. Until that happens, these problems that exists there are going to continue to exist there, because the problem isn't emanating from a facility that doesn't serve our alcohol, or allow alcohol, drugs, etc. You know, things maybe security be better and more coordinated absolutely, yeah and this new building and new investment with the cameras and everything that we're going to be doing there will make it better. And that doesn't mean it can't be made better before then either, but the JCOC I think everyone has heard all they can, I don't know what else you can hear. They are a wonderful part of the city. They are running the shelter, but they don't serve foods at Witch Duck Road other than if you're in there, and there's a need and 43 that need and it's just acute. It's acute where we are here,you know, so I'd be happy to answer any questions. But it is a good application; it's not anything as being rapidly rammed down anybody's throat. It's not something that's coming in here at the 11 th hour after four years to try to, you know, to do something that nobody knows anything about, you know. Ms. Oliver: Yes. Mr. Redmond:Mr. Bourdon, I understand that you're representing this organization pro bono? Mr. Bourdon: That's correct. Mr. Redmond:Okay. Lawyers get a bad rep sometimes, you're easy to make fun of somethimes. Mr. Bourdon: I relish being made fun of, rather than being called names. Mr. Redmond:Being all that as it may, I want you to know that I appreciate you are doing that and I wish others would follow your example of providing their time, which does not, you know, come without cost for causes that they believe in. So thank you. Mr. Bourdon: You're welcome. But these folks do more than I could ever even imagine doing. Ms. Oliver: You have a question? Mr. Graham: It's more I wanted to initiate, Ron continue the dialogue about a timeframe. Ms. Oliver: Is this for Mr. Bourdon? Mr. Graham: For Ron and Mr. Bourdon. Ms. Oliver: All right. Mr. Ripley: I guess the concept thinking out loud,would be to approve the application,but delay the approval of the dining facility for a period of time, which would allow your time to investigate and find a facility that's mutually agreeable to nonprofit in the city, something along those lines so. Mr. Bourdon: It's all one package at this point to we have somewhere to move it so there's no. Mr. Ripley: Well, you don't have to accept it. We could make the recommendation, right. Mr. Inman: Let me offer what I was thinking and see if it's the same thing. I don't know, I was saying approve it, conditioned the application, conditioned on securing another site for the dining facility within two years. [Crosstalk] Mr. Ripley: I don't want to take away their rights. We're really having a discussion. 44 Ms. Oliver: Yeah, we might have to close this. So thank you very much. Mr. Weiner: If this gets approved, the fundings way off. I mean it could be two years before the first shovel goes in the ground and even just item 12, that's SRO, correct. That's our facility. I mean, what's the timeframe? Mr. Bourdon: Yeah, we've been trying to get to this point for four years. The simple reality is, is that we're going to have to reopen the shelter, that's gonna be the reality very soon, okay? Mr. Weiner: Any idea,just throw it out there timeframe year? Mr. Bourdon: Once we have an approved plan, then we can I think it might, my client think it'll be very quickly able to raise the funds, it's just getting to the point where we have an approved plan. But your two year timeframe to break ground I would not suggest is inaccurate,it may be that long but that's, you know,that we've already been four, and more delay is that clock never get started? Ms. Oliver: Yes. Mr. Wall: So you find that recommended group home conditions as the written acceptable? Mr. Bourdon: Well,we have concerns about the two year condition absolutely;we also have faith in working with the city and the vision for system city wide that has a chance to work. Okay, and there is nothing perfect and anything that we're doing today, there's no perfection here. And there's no ability to find perfection. But you're really the people that were with JCOC are people who are of the highest character and quality and are trying to do, you know, something good for the city and the some of that, it was better today than I expected to be, I'll just leave it at that. You know, I appreciate the tone was not, some of the things that are in emails and other things that we have seen over the course of the last number of months, so I'll try to leave on a positive note. Mr. Alcaraz: Eddie in the informal that chief had mentioned supporting, like crafting security and safety plan, can we change that to an extensive security and safety plan? Mr. Bourdon: We have no issue with that. Todd asked the previous police chief and said we're more than willing to that. We're also more than willing to. I mean, my memories, I'm getting old. I don't think we even asked for 9 o'clock down the floors for dinner. So, you know,we don't have any issue and I've said that I've said that to Morris and Mr. De Roche and others,you want to,you know,put that 8 o'clock. So,you know, everybody's clearly done, but at 7:30 most of the time, is it. No, no, you've raised the point. You raised a very good point and it's something we had discussed previously, and we don't have any issue with that. I mean, basically is from, you 45 know, 5:30 to 7:30, you know, as way it works, the services at six but some people get there at, you know, a little early and that's why we're moving into the back. Ms. Oliver: I got a question. Mr. Bourdon: Sure. Mr. Alcaraz: I'd just like to follow up with that. I got a lot of calls Eddie so and the opposition was about safety, so most of the comments I got that your clients not cooperating with the neighbors so can it be a co-produced safety plan? Mr. Bourdon: Absolutely. I mean, there's no reason other than being defensive because of being accused wrongly, of being the cause of crime. That's what causes some of the folks who've been doing this a long time to rightfully feel a little indignant. They aren't causing any crime. They're not causing drug addiction, they're not causing alcoholism, and you know, that in any way, shape or form. You know, it's the people who have the weakness and the problem; we have to try to help them, feeding them does not do anything to hurt them. And if they're not fed,then they're more likely to commit a crime to get the alcohol or the drugs or the food. To stand up here and suggest that JCOC is the cause of crime in that area is perception and not reality. It is perception and not reality. Mr. Inman: Deal with the perception, okay, and meet with the neighbor. Mr. Bourdon: I agree. I've already said that. We are more than, the chief and his folks and you know we can obviously get together and try to work on and the statement that was made about that the one lady made about when they brought the tower, that's 100% correct, 100%correct. All it took was for that tower to be up over there and all the, you know, vermin scattered away in front of Dollar General, you know, and what have you and the 253 calls apparently at Food Lion for that shopping center and I'm going to 385 at Colony Park and we had 66 for basically I mean I didn't get through all that but you can all look at the list, there's nothing there. We have all these women, children, young children, girl scouts boy scouts serving every night, and they don't have any issues. There's no fear, there's no crime. It isn't JCOC; it's folks with issues that some have shelter, no two ways about it, not those who don't have shelter,you know,the officer Johnson told you what happened with colleague and I'll extend up here and bad mouth anybody's property but it's just wrong to suggest that the feeding at JCOC is a crime causing land use. There's no one like that, I think back that up anyway. But we'll be happy to work on a security, you know, system with the chief and with anybody in the police department, no reason at all, we wouldn't want to do that. We all benefited the area, rises up. 46 Ms. Oliver: Mr. Bourdon I have a question about the JCOC specifically, and it was one I meant to ask probably at 3:30, but I didn't get there. The JCOC understands it does, the Soup Kitchen. It does dining facility. Mr. Bourdon: I know it took me three weeks to stop saying that. I apologize for interrupting you. Ms. Oliver: But is there a true food pantry in the JCOC where people actually go and get groceries to take back to their house to prepare food, is there? Mr. Bourdon: It also in the package. Ms. Oliver: It gets a little muddy in the application and so I wanted to know that specifically. So there is besides just people,families or individuals coming in to get a meal. Now when they eat the meal, you know what, let me ask something, Todd, do you mind coming up here real quick for me, please? I just want to specifically ask you something. Mr. Bourdon: You also have. You have, it's even highlighted, yes, I know, I killed a couple of trees. But yes, you have a real breakdown of all of the different [Crosstalk] [04:24:57]. Ms. Oliver: I didn't remember where that piece of paper. Did you just give it to me today? Mr. Todd: So the answer that real quickly,we do it three days a week, Tuesday, Thursday and Saturday. People from the community come in to the food pantry to get groceries and then we also do food boxes Tuesday, Wednesday and Thursday, separate program. Ms. Oliver: I have seen that, okay and your dining hall. Mr. Todd: Here is the dining hall at 5 o'clock the doors open,okay. When I first got the JCOC, we would have a line outside because we didn't open the doors until about 5:55. It was actually one of the first conversations Andy and I had about addressing that. I made the change to open the door at 5 o'clock, 5 o'clock. Everybody can come in. We have security there. Everybody come in, dinner serve at 6. Usually finished around 6:30, clean up can take to 7-7:30, sometimes 8 depends on what served, doors are locked. And then we finished. Ms. Oliver: Is besides them eating in the dining room, do they have hot meals? Do you provide hot meals that they walk in and take out and eat somewhere else? Mr. Todd: Absolutely not. Ms. Oliver: Okay. 47 Mr. Todd: And I want to make some good because I've been sitting, when people leave, no we don't follow them to see if they go the Food Lion or going there, but our security person does come outside and go to the front to make sure there's been a couple of planning commissioners have witnessed it themselves because they've came to the meal recently and make sure that we get people off for properties. I have reached out too because I didn't know who owned the shopping center. I did go to Dollar General on several occasions and spoke to the manager to find out who owned it, who managed it, she did put me in contact with somebody I said, let's try to work together. Whoever the guy was, I guess it wasn't, the person that spoke today,but he said he owned the towing company and he had a brother that own the land. So I don't know. So he and I talked, I try to come up with a resolution of where we could work together. He didn't want to do it. I'm all for collaboration, that's what makes things work. Everything in our program is collaboration. We do a food pantry; we have people come in from the community to help us do that. We do a dinner;people come in to help us do that. We collaborate with the City of Virginia Beach to provide emergency shelter,day support services want a shelter,everything we do is collaboration. So we're not going to sit up here and say we don't want to work with anybody, that hasn't been our history. Ms. Oliver: All right. Thank you very much. Mr. Todd: All right. Any other questions? I'm ready. Ms. Oliver: We are good. Thank you very, very much. Appreciate it. I'm think we'll close the hearing now. We will close the hearing now and open it up to the commissioners for discussion. Mr. Alcaraz: May I ask our planning director a question? Ms. Oliver: You certainly can. Mr. Alcaraz: All right, Bobby, can you tell me where we are right now with the existing use permit for the dining hall? Where is it? What conditions are, what's the time limit if any, can you just give us real quick? Mr. Tajan: So the existing conditional use permit addresses the existing buildings on the property and allows them to perform the eating program in the dining hall with no limitation. So it was a modification of a, one or two modifications of a conditional use permit. So it's been a long standing, original conditional use permit dealt with the emergency housing that they provided, and then it was modified to allow for the feeding and dining facility. 48 Mr. Alcaraz: So there have been a lot of improvements across the street, lot of planning for big projects across the street. We've had use permit in front of council 89, 92, 93, 95, 2000 and it's never been brought up to either relocate it? Or would you know that? Mr. Tajan: Well as any had mentioned and Deputy city manager Williams note there have been previous discussions, and I believe Mr. Bourdon has also discussed it about potential other locations for some of this. I'm not saying that that has not happened, but as you can tell, there hasn't been enough to push it over the line. Mr. Alcaraz: So four years they've been working and they're still not to a place where they can relocate? Mr. Tajan: To be honest, I believe they've been working prior to the four years as well. Mr. Alcaraz: Okay. Ms. Oliver: Yes. Mr. Graham: Dee I have a question. So the new CUP for the group home, for the dining hall, that will be reevaluated at two years from the date of CO? Mr. Tajan: Correct, yes sir. Mr. Graham: And is that a point where if there's still issues that can be revoked. Mr. Tajan: So it has a sunset on it, which means it would automatically go away in two years and they would have to reapply for it. The key is for that is to provide us with the opportunity to provide baseline data for right now and baseline for the future for in the public hearing for the bodies to make their decision on whether they have maintained or have not maintained what they were promised. Mr. Graham: So it's sundown, I mean, so automatic two years from CO, they've got to reapply for CUP. Mr. Tajan: That is how the condition is written. Mr. Horsley: Conditional use permit for the group home shall expire two years from the date of certificate of occupancy. Ms. Oliver: The group home or the? Mr. Tajan: It does not include this; it is not for the single room occupancy which is the really multifamily use. It is for the modification of the conditional use permit which is the one that provides them the opportunity to do the dining facility that's opened. Mr. Tajan: The dining facility is covered under that existing. 49 Mr. Graham: Under the group home CUP, got it. Ms. Oliver: But they don't, but they would not lose the CUP for the group home? Mr. Tajan: That is correct, that is a separate conditional use permit for the single room occupancy multifamily use. Ms. Oliver: Oh, yeah, I'm sorry. Mr. Redmond:Unless you want to take some time to read it. Ms. Oliver: Mr. Redmond. Mr. Redmond:I think we're getting way too wrapped up in what is probably a simpler application than yours. They have the right to provide the dining services that they provide today and listening to these people, I cannot envision a scenario no matter what we conjure up, wherein they will give that up. They have every right to serve this population today. I've heard a ton of commitment from these folks out here that they're going to continue to provide that fundamental element to this most needy of the populations. And the idea that they were going to get in a position where they lose that right I think is inconceivable. As Mr. Lankford said, what they're trying to do is add the single room occupancy use, this notion somehow that this organization is going to be boxed in to not providing that which they do today, it's fantasy. Now, city council can revoke that conditional use permit that day ain't ever come,that day ain't ever come,and so can they add the single room occupancy or can they not? That's just as simple as this is; they have facilities today, that is in disrepair. So they have to have a new facility and as part of that new facility,they're going to have greater facility, they're going to have greater security, it set farther back from the road and there are a number of different things in their walls in the like that frankly allow greater segmentation of this property and the uses that exist upon it today, then occur right now. So this idea that well, if we build in a delayed and we can bla, bla, bla all this, I mean, I just don't see how that makes any sense. Because if they don't have the ability to improve what they do,they're going to keep doing what they do the way it exists today. I have no doubt that that is an improvement based on what they do today,but they're just not going to walk away from the population that they serve. They're not going to be boxed into them. Now with regard to some of these other issues, Mr. Bourdon and some others are absolutely right. I think they've been unfairly picked on the notion that somehow they're causing all these problems in that, there's a 37 acre trailer park and it ain't the prettiest trailer park I've ever been in, that's where most of the problems in this quarter coming from. So that's just reality, with regard to the development in this quarter,we are today building the sports facility have already built a big convention facility. There are improvements going on, redevelopment going on within this 50 neck of the woods all the time. Today with this facility in its current state of disrepair already in place, the idea that this is a barrier somehow is flatly contradicted by facts on the ground. There is a facility under construction across the street and there's a lot of momentum in that district. We have whole staff people dedicated to energizing the ViBe district. So, I mean, the idea that we're going to hold them up in terms of the planning necessary to add the SRO element and hope somehow that they'll fall on their sword for this dining hall element, I think is just fantasy land. Admirably, they have expressed I don't know how many times here today,their willingness to look at relocating that facility because it makes sense for their purposes, because they can get more rooms in there as a SRO facility, but they're not going to give up those uses. So a delay does nothing,Mr. Friedman said earlier, those conversations are going to continue no matter what we do, no matter what the city council does,they're still going to have those conversations and that's a good thing. The idea that they should stop their fundraising for these things is just;it just doesn't make any sense to me. So we've gotten all of these various things about all these populations and it really is a simpler thing to me, they will keep doing the feeding program,there's too much in need,and there's whatever 75 people there and they're not walking away from that, so it seems to me this makes a lot of sense, improving the facility and recognizing that that program is going to be there in one way, shape or form unless it's possible to move it someplace else. And they're open to that if it can be done because it suits our purposes. So it seems to me our job is to pass judgment on this application. You know, I mean, it's going to be an easy vote, but you ought to pass judgment on this application because 95% of policy of all this stuff is in city council's lab but was when we got here, and it's still going to be that way and they're not sorted out. So I think we just have to pass judgment on this application one way or another based on what we've heard over the course of the last several months. So that strikes me as the most responsible thing to do. Thanks. Sorry to be so long. Ms. Oliver: Yeah, Ron. Mr. Ripley: Yeah, I think the application got to be approved too but I think that I do think that the sequencing of construction of the dining facility I think, from the way I see it, I would eventually guess that, you said, that is that they're not going to give up, they gotta have the dining facility, cannot do without that. So that, so dining facility is probably going to sit out there while the SRO is under construction to finish, torn down and then build the, I would think it would be building both at the same time that they would tear down if we keep the dining facility in place, build the facility behind it and tear down the dining facility. It's got to have that dining facility, can't miss on that. Mr. Redmond:That's right, and they're not gonna miss it. 51 Mr. Ripley: So if we satisfy the community better and you can work something out and told the development of the actual new dining facility in the back, go ahead and build the SRO, hold it or told them the modification of the conditional use permit for that part of the application for a period of time, two years. Then we give you opportunity to work through, hopefully some sort of satisfactory arrangement within the community to hopefully relocate. If not, you built the facility. We give everybody time to work through it. Mr. Redmond:And why don't they have time to work through it today? They're working through it to the greatest extent possible. They're meeting today, they're pursuing sites, I don't understand how we provide time in any way,times marching on trust me man, and I had hair one day. But, the idea that I mean, Mr. Friedman is having these meetings with the JCOC, with the Lita, with the Lita from all of the interested parties,he's pacing, so he's gonna have something to say,but I don't know how that drives them any more time than what they're doing already today. If it's possible, it's in their interest to do it. It's not possible, it's not possible. So I just don't, I just don't understand how that should be done. Mr. Bourdon,you are pacing and I want to invite you to come up and because we're all just, we're speculating on stuff that. Ms. Oliver: Let me ask one question, please with the planning director. This is a two-part application, am I correct? Mr. Tajan: That's correct. Ms. Oliver: Okay, I just want to make sure that we're all paying attention to that while we're sitting up here. That it is two parts, two votes. Ms. Wilson: Unless if you demand the question, right now, it's one vote. Ms. Oliver: Items number 12 and 13. Ms. Wilson: But you have to divide the question, we haven't divided it. Ms. Oliver: We haven't gotten there yet. Ms. Wilson: We have been here for long time. Ms. Oliver: I know, I just want to kind of remind everybody that. Yes sir. Mr. Bourdon: I'm not gonna get involved in any of that. I just want the way to understand. You're correct in part I'm not sure I follow all the logic, but what will happen is the dining solely will remain while the new building is being built, but that includes the new dining facilities. Mr. Redmond:I understand. 52 Ms. Oliver: Mr. Graham, I know you have something to say. Mr. Graham: I will say that I think there were a lot of residents and owners,landowners that came out today and, you know, they live there; they deal with this every day and I do think they need to be recognized for what they're dealing with, they're the property owners next door with the shopping center. So with that being said, it does bring some comfort that the dining hall, it expires in two years from CO, they've got to be on, you know, things got to work out for the dining hall, as well as you know, hopefully finding another site. And right now, under the current CUP that dining hall will continue to be there in the perpetuity. And, you know,if the ultimate goal here is to see the dining hall somewhere else, I think we have to approve it. Mr. Inman: This JCOC is a shining star and a continuum of care in this community. The overwhelming support it's received over the years that is evident today by a myriad of organizations throughout the city and so impressive. I think we all here know it's essential to provide for the citizens that are getting the services, we need that in a city, we need more than we've got and so we need to help make this happen, but we need to recognize as Whitney said, the concerns of property owners that are adjacent, I think we've heard a commitment from Eddie I think from Todd that there's going to be a collaborative effort with the neighboring property owners to address the security and the safety and I would even add like the decorum to the extent as possible. That has caused them to be concerned and be here today and this brand new facility will be such an improvement to the quarter that I don't think it will detract from other development and leaving it like it is, I think, might, but with the improvement that they're proposing, it's a very fine looking facility architecturally I think. I think it's not going to be a detraction from property ownership. What will be is if the, if there is bad conduct emanating in any way from this facility,we can deal with that and it's not then as Whitney pointed out that permit for that dining halls is going to be gone. But I don't see why it can't be dealt successfully. Ms. Oliver: David. Mr. Weiner: I came in here today thinking one thing and now I am completely changed a little bit. But I do feel like the JCOC is getting a bad rep. There's a lot of crime around there and even if the Trailer Park is redeveloped, it's not going to take away from crime from everywhere else around that as being said. As Mike said, I believe how the JCOC has been rebuilt and the elevations of it looks really good and it's gonna fall in line with the way that the corridor is going to be looking. So I mean, it's going to look a lot better in the shopping center. I just don't feel like they're getting a, they're not getting a good rep here, but Mr. Ripley said something a name form about we could add maybe the safety and security plan to the conditions and that 53 would be possible and the 8 o'clock change time, but know that I like to two years of the soup kitchen, and that's I'm willing to support it. Ms. Oliver: Yes Jack. Mr. Wall: I think that there are certainly you know, societal social issues with homelessness, you know, probably felt by those that are in a close proximity to it. But the dining facilities they currently are continue into perpetuity,you know, so the facilities that proposed are certainly betterments to the property, to the community that are proposed. I mean, I'm actually a little concerned about condition number two on the group home conditions that there's now going to be a two year expiration on the conditional use permit but... Ms. Oliver: Not on the group home. Mr. Wall: No, on the group home, that's what it says, not on the SROs. So I support you know,both the SRO and the group home application. Ms. Oliver: Anybody else. Mr. Horsley: I support the SRO also and a group home and I look at these numbers in the dining facility, I mean, if you don't serve me or to the people staying in these rooms,that's over half of the number that normally dine in and I did look at Mr. Bourdon's 77 meals at dinner, so you're probably not talking about that minimal people coming in there, I mean if you will increase your number of rooms also, so let's hope we don't have that minimal people, if we do, we got them more problem than we think we've got, so I will support an application and we put the two year timeframe and if it says people more but I still think I don't think they go bust these people from the single rooms over to the other facility for dining, I think they're gonna still be dining at where they're staying, am I correct in that, so we're still gonna have some type of dining facilities there and if you don't feed 50 single room occupants, you know, it's not going to take that much more to feed the other, so when you really think about it, that's what I've been thinking. You know how much more facilities going to take to feed the 77 people than it is the 50 some people that are gonna be living there, so I don't know whether we were fighting something that we shouldn't be fighting or not,but still I think the city is got a good effort going to remove this other dining facility and probably those people that go to the old dining facility may be some of the potential troublemakers that were going to be there anyway, I don't know if they were troublemakers. So I must support the application. I think it's a good thing. I think that people are doing an excellent job of providing a service to individuals who own hard luck for whatever reason. Some of them just don't want to do things but some of them are on really hard luck and I feel sorry for those people. I think it's excellent. 54 Ms. Oliver: We put a lot of time and thought into this. We've had a lot of phone calls and lot of conversations about this application more than I can remember in my short six years, unlike Mr. Ripley in 19, but there are lot of players in this and I don't think anybody in this room, I don't think there's one person in this room that is not compassionate to the needs of people that are underprivileged at all. And I know that each one of us sitting here are blessed, and we are quite aware of how fortunate we are. And we commend the JCOC and the HRC for the amount of work they do, and everybody sitting here and individually how much work that they do on their own private time. We've got a lot of things going on 17th Street and it's been a street as long as I can remember, since my grandfather was here that since the fuel feed left, it's been a hard road, it's, I mean, just in developing, just all the way around, and it has taken a long time for it to get the attention that it's getting and thank goodness it is because it's great. There are a lot of people that have held on to a lot of property that's valuable, that they want to develop it and that they should have the opportunity to do so. And so, Planning Commission, you know, we do the comprehensive planning and when the Mr. Branch was here, and he did, he showed us this, this is what we strive to achieve. We really do, we sit up here and we plan the future of our city and we strive for it to be a shining star with all the citizens being productive in it. So you have that component on 17th Street. You have a lot of, you have the JCOC on it, that is striving to take care of a population that is at a hard need and they're doing an enormous amount of work. And then we also, when we look at applications just like recently, a few hours ago, we were looking at the short term rentals. We were looking at the good neighbor policy. And I know that there's been a lot of conversation that when it leaves our property, it's, you know, we don't have the problem on our property, but when it walks off, once it gets on the city street, it's our responsibility, what happens, what happens on your piece of property,how it affects me,how it affects you, all those things are important and that's what makes us good neighbors and a good neighbor policy in a city is extremely important. And we strive for that and it is the intent I would say for all of us to sit up here is that that we are good neighbors with the JCOC and in fact that they are good neighbors with the people that do business around them and with the neighborhoods that surround them. I would love to see, you know,really the dining soup kitchen component. Mr. Redmond:Use the phrase, you won't know that. Ms. Oliver: The dining hall, because the dining hall is two different things. There's the dining hall for the residents, and then there's the dining hall for the people that don't live there, there will be. Mr. Redmond:No. 55 Ms. Oliver: Okay, it will feed the...it's okay Ms. Oliver: My point is,Mr.Williams is working so diligently as Mr. Friedman to see in a short term in a matter of five months,whether or not that that can be moved to Lita,which would be a fabulous facility for this to go through,which would allow the JCOC to expand their SRO. Mr. Bourdon: Absolutely. Ms. Oliver: Which would be perfect. Mr. Bourdon: And there will be no dining facility if that were to be able to happen. Now where's the people in the SROs, they can prepare their own meals. Ms. Oliver: Okay,great. The way it's written is a little, see they did know that either, so it's not just me. But all that being said, you know, there's a lot of pieces to this puzzle and you want everybody to be successful and I want, you know, the gentleman that owns the shopping center to be successful, and I want the people that live behind the JCOC to do well and sleep well and not have problems in their neighborhoods. And I want all the people that are hungry on the street and the young man and the gentleman that's feeding the young, the young people to be able to have that opportunity to do it. I think there is a great way that we can all work together to make that happen. I just would allow would like to see more time. But I understand that with this application, there is the condition that it gives it two years and therefore if the JCOC comes back and it's not, we're back in this situation again. Then we'll revisit that. In the meantime, I really would like to see that that they would aggressively look at Lita and if that is the case, and they do get it, Eddie in six months, would it be possible for them to go ahead and would they be agreeable to go ahead and moving it? I am just looking for confirmation because there's been a lot of conversation. So I'm just being very... Mr. Bourdon: Because we wouldn't build a new one. We rather get 50 units. Ms. Oliver: I am just making sure, we are clear. It's been a long and that we add a condition that they add the security component to it. Mr. Alcaraz: Madam Chair, I will make the motion. Mr. Redmond:Thank you, second. Mr. Ripley: So I had the opportunity to meet with opposition, a lot of calls. I met with the applicant. I was actually there and I got a tour, I walk the site, there are some comments about being disrepair, I got my own visual, I didn't see anything and Mr. Friedman kind of confirmed that, the current CUP is there, it's going to be there 56 unless something happens with what we're going to do today. So having said that, I look at it as a humanitarian effort, but I'm going to go ahead and recommend approval with the condition of a police safety,security plan approved by police with I guess a co-sponsor between the neighbors and the applicant. Mr. Redmond:Second. Mr. Inman: Was 12 and 13? Mr. Ripley: 12 and 13, yes. Mr. Redmond:I second it. Mr. Tajan: Provide words to the condition staff worked on one over the last few hours. The applicant shall coordinate with the Virginia Beach Police Department on the creation and implementation with safety and security plan, said plan shall address not only the Judeo Christian Outreach Center property, but shall also consider properties in the vicinity. The plan must be accepted by the Virginia Beach Police Department prior to the issuance of the certificate of occupancy for the building. Thank you. Ms. Oliver: Thank you, and we're going to change the time 8 o'clock instead of 9? Mr. Tajan: Yes and we'll add the security plan to both conditional use permits, adjusting the time 8 o'clock for the modification of the conditional use permit. Mr. Horsley: I just want to clarify one thing and I didn't have much but gone straight. You said if we move the kitchen,there'll be no kitchen where people prepare their own food, I didn't understand that that way. I thought that there was a dining facility for the residents. Mr. Bourdon: There is not. But we would not have a separate one. Mr. Horsley: That's good. I understand that. I didn't understand that before. Ms. Oliver: Okay. Ms. Sandloop:The vote is open. By recorded vote of 9-0, agenda items number 12 and 13 has been approved with conditions as added and amended. Mr. Bourdon: Thank you, you'll have a very Merry Christmas, Happy New Year. Ms. Oliver: Thank you. If there isn't any other, hold on, we are not adjourned. If there is no other business,oh we have got elected officers. Well,because they're not here. We haven't closed the hearing please. Excuse us, thank you. We have a couple of, we have just a little more a minute of business. Mr. Jack Wall. 57 AYE 9 NAY 0 ABS 0 ABSENT 2 ALCARAZ AYE BARNES ABSENT GRAHAM AYE HORSLEY AYE INMAN AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI ABSENT WALL AYE WEINER AYE CONDITIONS Conditional Use Permit (Single Room Occupancy Facility) 1. No more than 50 Single Room Occupancy units shall be on site. 2. Site layout, improvements, and plantings shall be substantially as shown on the conceptual master plan and planting plan titled, "JUDEO-CHRISTIAN OUTREACH CENTER CAMPUS DEVELOPMENT" dated March 8, 2019, as prepared by WPL. Said drawings have been exhibited to the City Council and are on file in the Department of Planning. 3. The architectural design, colors, and materials for the proposed building shall be substantially as shown on the architectural elevations titled"JUDEO-CHRISTIAN OUTREACH CENTER dated August 26, 2019,by TS 3 Architects. Said drawings have been exhibited to the City Council and are on file in the Department of Planning. 4. All landscaping shall be maintained in good health. Any landscaping that fails to grow or is determined to be in poor health shall be replaced with a type and quantity of plantings that is similar to and meets the same intent as the plants shown on the Planting Layout referenced in Condition#1. Any replacement plantings shall be approved by the Development Services Center. 5. All mechanical equipment shall be screened year-round either architecturally or by landscaping or fencing such that it is not visible from the public right-of-way. 6. The applicant shall make all necessary standard right-of-way improvements with the development of this site. Improvements may include but are not limited to pavement widening, curb & gutter, and a new sidewalk. The new sidewalk shall be constructed with a minimum width of eight feet, or as otherwise approved by the Planning Department, to ensure compliance with the Resort Area Strategic Action Plan's recommendations with regard to pedestrian 58 connectivity. Additional adjustments and requirements for right-of-way improvements may be applied as part of the fmal site plan review. 7. All signage on the site shall comply with the requirements of Sections 211, 212, 213, 214, 216 and 905 of the City Zoning Ordinance. A separate sign permit shall be obtained from the Zoning Division prior to the installation of any signage. 8. The applicant shall implement a van shuttle program to transport Staff and volunteers from a satellite parking facility located at 401 West Lane to the subject property when necessary. Modifications of Conditions (Group Home) 1. All the conditions associated with the Conditional Use Permit and Modifications of Conditions associated with the Group Home, dated, October 1989, February 1992, October 1993, October 1995 and April 2000, shall be deleted and replaced with the conditions below. 2. This Conditional Use Permit for the Group Home shall expire two years from the date of the Certificate of Occupancy. 3. Patrons awaiting food service shall be accommodated and served inside the building. 4. All food served to the public shall cease by 9:00 p.m. 5. A lighting plan shall be submitted during the site plan review process to ensure proper safety and security on the site. All lighting shall be directed away from the nearby residentially zoned property. 6. Site layout, improvements, and plantings shall be substantially as shown on the conceptual master plan and planting plan titled, "JUDEO-CHRISTIAN OUTREACH CENTER CAMPUS DEVELOPMENT" dated March 8, 2019, as prepared by WPL. Said drawings have been exhibited to the City Council and are on file in the Department of Planning. 7. The architectural design, colors, and materials for the proposed building shall be substantially as shown on the architectural elevations titled "JUDEO-CHRISTIAN OUTREACH CENTER dated August 26, 2019,by TS 3 Architects. Said drawings have been exhibited to the City Council and are on file in the Department of Planning. 8. All landscaping shall be maintained in good health. Any landscaping that fails to grow or is determined to be in poor health shall be replaced with a type and quantity of plantings that is similar to and meets the same intent as the plants shown on the Planting Layout referenced in Condition#1. Any replacement plantings shall be approved by the Development Services Center. 9. All mechanical equipment shall be screened year-round either architecturally or by landscaping or fencing such that it is not visible from the public right-of-way. 59 10. The applicant shall make all necessary standard right-of-way improvements with the development of this site. Improvements may include but are not limited to pavement widening, curb & gutter, and a new sidewalk. The new sidewalk shall be constructed with a minimum width of eight feet, or as otherwise approved by the Planning Department, to ensure compliance with the Resort Area Strategic Action Plan's recommendations with regard to pedestrian connectivity. Additional adjustments and requirements for right-of-way improvements may be applied as part of the final site plan review. 11. All signage on the site shall comply with the requirements of Sections 211, 212, 213, 214, 216 and 905 of the City Zoning Ordinance. A separate sign permit shall be obtained from the Zoning Division prior to the installation of any signage. 12. The applicant shall implement a van shuttle program to transport Staff and volunteers from a satellite parking facility located at 401 West Lane to the subject property when necessary. 60 \ v / *--,,, N-Nslii-21/A/ 1 2 xe. . / / A—1 2 \„ / / / / "...,„,,,, s..., ... , / / .. ,,, ,NN\i/ . , %., 1/ '' % ji. / / 40 \ , \ 0 •S\, .4k., \ 4 ' - \ \ \ l / / ,•'----'-‘, if-- S\ Ni .--'-' r 4„..„.._ , e• ,,,,,// i ' •-,,,, .1 ' N I B-2-,` i 'I --///‘ .N. '-)./.•,-- 4101. - , . / ,. "A3 ..') ° -2 , - / i ,.., .. / , / / / '' '',.1)-H 1 ' , „ . , s .. .. / A—1 2 , sp •- \ „..., / i / , \DH1 ' % \ `,. ''-- -t., -... ,. ,,..., ,,,, ,„4,4, ,„ ,,,-. \„ <\ , ''''''''",..,...s.„1 / „ , IZZI Site KODU, LLC & Ocean Properties, LLC \ ED Zoning 1159 & 1165 Lynnhaven Parkway 11 117' J Parking Lot Drive Aisie . Budding . Feet 0 25 50 100 150 200 250 300 i• - �J CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: KODU, LLC & OCEAN PROPERTIES, LLC [Applicant & Property Owner] Modification of Conditions to a Conditional Use Permit (Motor Vehicle Sales) for the properties located at 1159 & 1165 Lynnhaven Parkway (GPINs 1486909402, 1486909622, 1486909582). COUNCIL DISTRICT — ROSE HALL MEETING DATE: June 2, 2020 ■ Background: This request was scheduled for the March 17, 2020 City Council agenda; however, that meeting was cancelled. This 1.10-acre site consists of three parcels. The southern parcel, owned by KODU, LLC, is currently developed with a used car lot. The other two parcels, owned by Ocean Properties, LLC, are undeveloped. The proposal is to expand the existing auto sales operation onto all three properties as one business. Therefore, a Modification of Conditions to the existing Conditional Use Permit for Motor Vehicle Sales is requested. The existing 2,800 square foot building will continue to serve as the sales office for the operation. No changes are proposed to the exterior of the building, simply the expansion of the vehicle display area and the addition of a free-standing sign. • Considerations: Consistent with the Comprehensive Plan's policies for the Suburban Area, this use is compatible with the surrounding commercial and automotive uses. The Plan calls for infill development that contributes to a mix of uses along this section of Lynnhaven Parkway. The site is within an active commercial corridor with surrounding uses of a shopping center, an auto repair establishment and a mini- storage operation. The proposed expansion of the existing operation includes a reduction in the number of possible vehicular ingress/egress points along Lynnhaven Parkway from three down to one. A reduction in conflict points improves safety and aesthetics along the road frontage, and reduces potential impervious cover. Conditions are recommended that further the Comprehensive Plan's goals regarding compatibility, infill and site design. Further details pertaining to the application, as well as Staffs evaluation, are provided in the attached Staff report. There is no known opposition to this request. ■ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 9-0, to recommend approval of this request. KODU, LLC & Ocean Properties, LLC Page 2 of 3 1. When the property is redeveloped, it shall be in substantial conformance with the exhibit entitled Proposed Site Layout on page 6 of this report, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 2. No vehicles for sale shall be parked outside of the designated display area, as depicted on the site layout identified in Condition 1 above, including within the 22- foot common easement along Lynnhaven Parkway, within any utility easement or within the right-of-way. No parking of any vehicles shall be permitted within the right-of-way. 3. All vehicles for sale shall be located on a paved surface. No vehicles shall be displayed on raised platforms, earthen berms, landscape islands, or any other structure designated to display a vehicle higher than the elevation of the main parking lot. 4. A Landscape Plan shall be submitted to the Development Services Center of the Planning and Community Development Department for review and approval prior to the issuance of a Certificate of Occupancy. 5. There shall be no storage of tires, merchandise, or debris of any kind outside of the building. 6. No outside storage of vehicles in a state of obvious disrepair shall be permitted on the site. 7. There shall be no auto repair or service on the site. 8. There shall be no outside audio speakers for any purpose. 9. There shall be no signs which contain or consist of pennants, ribbons, streamers, spinners, strings of light bulbs, or other similar moving devices on the site or on the vehicles. There shall be no signs which are painted, pasted or attached to the windows, utility poles, trees, or fences, or in an unauthorized manner to walls or other signs. There shall be no portable or nonstructural signs, or electronic display signs on the site. 10.There shall be no neon or electronic display signs or accents installed on any wall area of the exterior of the building, in or on the windows, or on the doors. No window signage shall be permitted. A separate sign permit shall be obtained from the Planning Department for the installation of any signage. 11.One monument style freestanding sign with a two-foot brick base shall be allowed on the site. The freestanding sign shall be no taller than eight (8) feet in height measured from the ground to the top of the sign. KODU, LLC & Ocean Properties, LLC Page 3 of 3 12.The applicant/owner shall resubdivide the property and vacate all internal lot lines. Said resubdivision plat must be submitted for approval and recordation by the Planning Department. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department j City Manager: eri4L, ABApplicant & Owner KODU, LLC & Ocean Properties, LLC Agenda Item Public Hearing February 12, 2020 City Council Election District Rose Hall Virginia Beach Request Modification of Conditions (Motor Vehicle Sales) Staff Recommendation Approval Staff Planner I. Jonathan Sanders111Ilitifir mriii Location 1159& 1165 Lynnhaven Parkway A I 1 I I 1 ... GPINs 1486909402, 1486909622, 1486909582 v let t;IN\ Site Size 1.10 acres AICUZ \ f . __IA 70-75 dB DNL Watershed Chesapeake Bay Existing Land Use and Zoning District \ ' ,$ ,/ Auto sales,vacant lot/B-2 Community Business -. •m Surrounding Land Uses and Zoning Districts ` � • North i Automotive repair /B-2 Community Business 9 South • Shopping center/ B-2 Community Business . East . , Lynnhaven Parkway Mixed retail, automotive repair/ B-2 Community Business West 1416 Mini storage/ B-2 Community Business KODU, LLC& Ocean Properties, LLC Agenda Item 1 Page 1 Background and Summary of Proposal • The 1.10-acre site consists of three parcels. The southern parcel, owned by KODU, LLC, is currently developed with a used car lot. The other two parcels,owned by Ocean Properties, LLC, are undeveloped. The proposal is to expand the existing auto sales operation onto all three properties as one business. Therefore, a Modification of Conditions to the existing Conditional Use Permit for Motor Vehicle Sales is requested. • Two separate Conditional Use Permits for Motor Vehicle Sales exist on the properties; however,the only active motor vehicle sales operation exists on the southern parcel at 1165 Lynnhaven Parkway. This application will supersede all previous City Council actions and combine the use into one operation. • The site layout depicts the required display area plantings, interior parking lot and streetscape plantings, customer parking, as well as up to 83 vehicles for display. • The single vehicular ingress/egress will remain along Lynnhaven Parkway. A 22-foot common access easement exists along the front of the property, adjacent to Lynnhaven Parkway. This easement provides vehicular access between these lots and the shopping center to the south and the B-2 zoned lots to the north.A 20-foot utility easement exists along the back of the site. Due to the existence of these easements, the applicant will not be able to display vehicles in either area encumbered by the easements, nor will parking be permitted in the right-of-way. A condition has been added addressing the vehicle display area permitted on the site. • The existing 2,800 square foot building serves as the sales office for the operation. No changes are proposed to the exterior of the building. >4-+2 A-42 • • ® 4F Zoning History # Request - Ir�,. 1 CUP(Motor Vehicle Sales)Approved 11/07/2017 22 CUP(Motor Vehicle Sales)Approved 09/11/2012 �O� 3 CUP(Automotive Repair Establishment)Approved B-2 04/13/1993 4 CUP(Automotive Repair Establishment)Approved 05/11/1987 PD.,` /Ai Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance LUP—Land Use Plan REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Evaluation and Recommendation This request for a Modification of Conditions of a Conditional Use Permit for Motor Vehicle Sales is acceptable. In Staff's opinion,this use is compatible with the surrounding commercial and automotive uses and is consistent with the Comprehensive Plan's land use policies for the Suburban Area, as the infill development is compatible and contributes to a mix of uses along this section of Lynnhaven Parkway. The proposed development reflects an orderly site layout. The KODU, LLC& Ocean Properties, LLC Agenda Item 1 Page 2 site is within an active commercial corridor with surrounding uses of a shopping center, an auto repair establishment and a mini-storage operation.The plan has one vehicular ingress/egress to Lynnhaven Parkway, which is reduced from the three potential vehicular ingress/egress, one per each lot, that could be built if each lot was developed separately. Staff has recommended conditions to help to meet the Comprehensive Plan's goals for compatibility, infill and an attractive site layout for the area. Based on these factors, Staff recommends approval subject to the conditions below. Recommended Conditions All conditions of the Conditional Use Permits for a Motor Vehicle Sales dated September 11, 2012 & November 7, 2017, are null and void and are replaced with the following. 1. When the property is redeveloped, it shall be in substantial conformance with the exhibit entitled Proposed Site Layout on page 6 of this report, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning& Community Development. 2. No vehicles for sale shall be parked outside of the designated display area, as depicted on the site layout identified in Condition 1 above, including within the 22-foot common easement along Lynnhaven Parkway, within any utility easement or within the right-of-way. No parking of any vehicles shall be permitted within the right-of-way. 3. All vehicles for sale shall be located on a paved surface. No vehicles shall be displayed on raised platforms, earthen berms, landscape islands, or any other structure designated to display a vehicle higher than the elevation of the main parking lot. 4. A Landscape Plan shall be submitted to the Development Services Center of the Planning and Community Development Department for review and approval prior to the issuance of a Certificate of Occupancy. 5. There shall be no storage of tires, merchandise, or debris of any kind outside of the building. 6. No outside storage of vehicles in a state of obvious disrepair shall be permitted on the site. 7. There shall be no auto repair or service on the site. 8. There shall be no outside audio speakers for any purpose. 9. There shall be no signs which contain or consist of pennants, ribbons, streamers,spinners, strings of light bulbs, or other similar moving devices on the site or on the vehicles.There shall be no signs which are painted, pasted or attached to the windows, utility poles,trees, or fences, or in an unauthorized manner to walls or other signs. There shall be no portable or nonstructural signs, or electronic display signs on the site. 10. There shall be no neon or electronic display signs or accents installed on any wall area of the exterior of the building, in or on the windows, or on the doors. No window signage shall be permitted. A separate sign permit shall be obtained from the Planning Department for the installation of any signage. 11. One monument style freestanding sign with a two-foot brick base shall be allowed on the site. The freestanding sign shall be no taller than eight (8)feet in height measured from the ground to the top of the sign. KODU, LLC& Ocean Properties, LLC Agenda Item 1 Page 3 12. The applicant/owner shall resubdivide the property and vacate all internal lot lines. Said resubdivision plat must be submitted for approval and recordation by the Planning Department. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations The Comprehensive Plan designates the subject property as Suburban Area. Guiding principles have been established in the Comprehensive Plan to guard against possible threats to the stability of the Suburban Area and to provide a frame work for neighborhoods and places that are increasingly vibrant and distinctive. The Plan's primary guiding principle for the Suburban Area is to create "Great Neighborhoods,". Infill development should be compatible and there should be a careful mix of land uses that contributes to the day-to-day life of our residents. Our goal for our economy is to be vibrant, growing and sustainable. Natural and Cultural Resources Impacts This site is within the Chesapeake Bay watershed. As the developed portion of the property is almost entirely impervious,there does not appear to be any natural or cultural resources associated with the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Lynn haven Parkway 37,500 ADT1 55,500 ADT 1(LOS°"D") Existing Land Use Z—81 ADT Proposed Land Use 3—No Change Anticipated 1 Average Daily Trips 'as defined by a 2,500 3 as defined by the expanded used °LOS=Level of Service square feet of used car car sales business sales Master Transportation Plan (MTP) and Capital Improvement Program (CIP) There are currently no CIP projects planned for this segment of the roadway. Currently,this segment of roadway is functioning at a Level of Service D. Public Utility Impacts Water & Sewer This site is currently connected to both City water and sanitary sewer service. KODU, LLC&Ocean Properties, LLC Agenda Item 1 Page 4 Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on January 13, 2020. • As required by State Code,this item was advertised in the Virginia Pilot Beacon on Sundays,January 26, 2020, and February 2, 2020. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on January 27, 2020. • This Staff report, as well as all reports for this Planning Commission's meeting,was posted on the Commission's webpage of www.vbgov.com/pc on February 6, 2020. City Council • As required by State Code,this item was advertised in the Virginia Pilot Beacon on Sundays, May 17, 2020 and May 24, 2020. • 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 May 18, 2020. • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on May 29, 2020. KODU, LLC &Ocean Properties, LLC Agenda Item 1 Page 5 Proposed Site Layout • ,•00,,. / sir as WM* •a g me alliam ak el as OW.11-04111. 0.1 *In.elleorialliga 00,0V' Ofstspi.TOP / L la Pr.11)— i il oaf r r•Ct. I'ta. .. 20' Utility Easement A • Existing t No ; ii. flr iii Display Area •_ , IIM [ 1 - I MI lExistt- ' Ex LOT? LOT 6 ' ... Di iTliayng _-•Dispia in /sn.r•, , l ! Area l Proposed/ Sales Office ' a Display / S10Me10 Ortie.a(l Si411e110e,r.m , Gt4 i Area ....t.Z.7:— . r• ' iii ICI ' . . a • r.,I ...- ,•:// , 41 t Existing 4 - 1 It Parki I / Display , .1Z. Area . 7--": rii posed II MIMI Ws. 4 i'. ., . ersigar . H....0" , . , 2,1 tX•MROMO 011115.3.4. N I , i . Gratis Area , ' Ovri-("2"•,77- - : ' -- ------- -- "10". ....5';- -..-...* '.T:!'•ati.,-.' '' —""' ' ' - — — — 22'Access Easement Area 0 . —€1/4 5.7grairiv ' — • 5.14——---w—--k_——- _——— ,or Proposed onument Sign ....in—..., v Ink,SKA I. LYNNHAVEN PARKWAY KODU, LLC & Ocean Properties, LLC Agenda Item 1 Page 6 Site Photos • - _• • `� },m y, rAt ..,._-1.:- • - E tY y y � :i r+ i J►t 'h st �', 4. 2 e¢:n3- ^+3 :-'L' 0`$Fr 4..:1 ;,yre'_a...H i�4,.#�'�S'. -� +,�"r w _... 4. ;.444 ,'� _ ■ o' `T __ ig. --, r tea.:,;.. _ _ ter,- KODU, LLC& Ocean Properties, LLC Agenda Item 1 Page 7 Site Photos i — �, x r I -. if, Ix••: i,r/ 10,,ty.:: t/I I , 5. :,-- , _.-- \ KODU, LLC& Ocean Properties, LLC Agenda Item 1 Page 8 Disclosure Statement NiT3 Virginia Beavh APPLICANT'S NAME KODU, LLC DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Compliance, Special Investment Program Nonconforming Use Exception for (EDIP) Changes Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance _Board Conditional Use Permit License Agreement Wetlands Board a e The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE i r AU disclosures must be updated t, weeks pr - Page 1 of 7 .r,and City Council meeting that perta-; the acr APPLICANT NOTIFIED OF HEARING DATE 0 NO CHANGES AS OF DATA REVISIONS SUBMITT ED DATE KODU, LLC& Ocean Properties, LLC Agenda Item 1 Page 9 Disclosure Statement Virginia Beach Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ® Check here if the APPLICANT IS a corporation, partnership. firm. business. or other unincorporated organization. (A) List the Applicant's name:KODU, LLC If an LLC, list all member's names: John Kobelski, Trey Dudley, Mark Taylor, John Henson If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotest and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. ❑ Check here if the PROPERTY OWNER 15 NOT a corporation, partnership, firm, business, or other unincorporated organization Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN,complete the following. (A) List the Property Owner's name: If an LLC, list the member's names: Page 2 of 7 KODU, LLC&Ocean Properties, LLC Agenda Item 1 Page 10 Disclosure Statement 'NB Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) I -Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation," See State and Local Government Conflict of Interests Act.Va. Code§2.2-3101. 2 'Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship. that exists when(i)one business entity has a controlling ownership interest in the other business entity. (ii)a controlling owner in one entity is also a 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. t SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 KODU, LLC&Ocean Properties, LLC Agenda Item 1 Page 11 Disclosure Statement APPLICANT Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) Accounting and/or preparer of Mulkey&Company,P.C. your tax return XI Architect/Landscape Architect/ Land Planner ❑ ® Contract Purchaser(if other than the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed ❑ pri purchaser of the subject property A` (identify purchaser(s)and purchaser's service providers) 1:1 ® Construction Contractors zEngineers/Surveyors/Agents American Engineering Financing (include current Atlantic Union Bank LI mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) nA Legal Services Real Estate Brokers / Martin Murden,SL Nusbaum Agents/Realtors for current and anticipated future sales of the subject property 4 • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have � ❑ ' an interestcontingent on in thethe subjsubjectect Iand opublic actir any proposed development If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 KODU, LLC& Ocean Properties, LLC Agenda Item 1 Page 12 Disclosure Statement 40 V ' 'Virginia Beach CERTIFICATION:-- II certify that all of the information contained in this Disclosure Statement Form is I complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. i►lif gl+s•of Zv1i& /Z:'/3, , . c,ICAN s sI r E PRINT NAME DATE Page 5 of 7 KODU, LLC&Ocean Properties, LLC Agenda Item 1 Page 13 Disclosure Statement 1/13 Virginia Beach APPLICANT'S NAME Ocean Properties, LLC DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All d sdosu-es must be updated two(2)weeks prior to any Page I of 7 ssion and City Council meeting that pertains to the applica• APPLICANT NOTIFIED OF HEARING Id NO CHANGES AS OF 3 /4/2° J S J ora1 c\ o n SL,.nder'S REVISIONS SUBMITTED DAT KODU, LLC& Ocean Properties, LLC Agenda Item 1 Page 14 Disclosure Statement Virginia Beach Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. X1Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:Ocean Properties, LLC If an LLC, list all member's names: Wiliam E Terry Wiliam R DeSteph If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes' and 2 • SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. El Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization. AND THEN,complete the following. (A) List the Property Owner's name: If an LLC, list the member's names: Page 2 of 7 KODU, LLC&Ocean Properties, LLC Agenda Item 1 Page 15 Disclosure Statement 1/7:3 Virginia Beach If a Corporation, list the names ofall officers, directors. members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) -Parent-subsidiary relationship` means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than S0 percent of the voting power of another corporation.' See State and Local Government Conflict of Interests Act.Va. Code§2.2-3101. 2 -Affiliated business entityrelationship' means 'a relationshi other than P p. parent-subsidiary relationship. that exists when (i)one business entity has a controlling ownership interest in the other business entity. (ii) a controlling owner in one entity is also a controlling owner in the other entity. or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities:there are common or commingled funds or assets: the business entities share the use of the same offices or employees or otherwise share activities. resources or personnel on a regular basis: or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act. Va.Code§ 2.2-3101, 6_ - * SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 KODU, LLC&Ocean Properties, LLC Agenda Item 1 Page 16 Disclosure Statement \fi3 APPLICANT Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) =A ❑ Accounting and/or preparer of Cherry Bekaert LLP your tax return ❑ Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than INthe Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed ❑ ® purchaser of the subject property (identify purchaser(s)and purchaser's service providers) 111 Construction Contractors Garrette Johnson ® ❑ Engineers/Surveyors/Agents American Engineering Financing (include current ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Z0 Legal Services Harry Purkey Real Estate Brokers / Cushman&Wakefield,Thalheimer ® Agents/Realtors for current and anticipated future sales of the subject property 4 SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have n ��T an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 KODU, LLC& Ocean Properties, LLC Agenda Item 1 Page 17 Disclosure Statement 11/4B Virginia Beach 'CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. T APPLICANT'S SIGNATURE PRINT NAME DATE Page 5 of 7 KODU, LLC& Ocean Properties, LLC Agenda Item 1 Page 18 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. KODU, LLC& Ocean Properties, LLC Agenda Item 1 Page 19 Item#1 KODU, LLC & Ocean Properties,LLC Modification of Conditions (Motor Vehicle Sales) 1159 & 1165 Lynnhaven Parkway February 12, 2020 RECOMMENDED FOR APPROVAL—CONSENT Ms. Oliver: Thank you. The next order of business will be to address those that have been placed on our consent agenda. And the vice chair will handle this portion of the agenda. Mr. Weiner: Thank you Madam Chair. Today we have 21 items on the consent agenda. The first is item one KODU LLC & Ocean Properties. An application for modification of conditions, a motor vehicle sales 1159, 1165 Lynnhaven Parkway, is the applicant in here today? Okay, is there any opposition to this being placed on the consent agenda? Hearing none,Mr.Wall has been asked to read this into the record. Mr. Wall: Okay. Thank you. The 1.10-acre site consists of three parcels. The southern parcel owned by KODU, LLC is currently developed with a used car lot. The other two parcels owned by Ocean Properties, LLC are undeveloped. The proposal is to expand the existing auto sales operation onto all three properties. Therefore, modification of the conditions to the existing Conditional Use Permit for Motor Vehicle Sales is requested. Two separate conditional use permits exist on the properties; however, only one is active for the motor vehicles. And that's on the southern the southern parcel at 1165 Lynnhaven Parkway. This application will supersede all previous City Council actions and combine the use into one operation. There's a single vehicular ingress, egress that will remain along Lynnhaven Parkway. A 22-foot common access easement exists along the front of the property adjacent to Lynnhaven Parkway. This easement provides vehicular access between the lots and the shopping center to the south and the B-2 zone lots to the north. A 20-foot utility easement exists along the back of the property. Due to the existence of these easements, the applicant will not be able to display vehicles in either area encumbered by these vehicles, or encumbered by these easements,nor will parking be permitted in the right-of-way. A condition has been added addressing the vehicle display area permitted on the site. The existing building serves as a sales office for the operation. No changes are proposed to the exterior of this building. Staff recommends approval and there's no opposition. Therefore, we placed this item on the consent agenda. 1 Mr. Weiner: Thank you. Okay, is there any opposition this being placed on the consent agenda? Thank you, Madam Chair there are many items on the consent agenda are for short term rental. The planning commission places the following applications for conditional use permit for short term rental on the consent agendas. These applications meet the applicable requirements for section 241.2 of the zoning ordinance. Staff supports the applications therefore there's no opposition to the request and these are items number 7, 8, 9, 10, 11, 12, 13, 14, 16, 17, 18, 19, 20, 21, 22, 23, 24 and 25. That being said, I move for approval on the consent. I am sorry 25 is deferral, thank you. Okay. That being said, I move for approval on a consent agenda items, One, five and six, seven, eight, nine, 10, 11, 12, 13, 14, 16, 17, 18, 19, 20, 21, 22, 23, 24 and 26. Ms. Oliver: Yes. Mr. Inman: I need to make a disclosure that at least one item on the consent agenda shows financing by Towne Bank. I serve on the advisory board for Virginia Beach Towne Bank, in that capacity I don't make any decisions on loans or merely an advisory position. So I will be voting on these matters. Ms. Wilson: Those items are 10, 11, 12 and 18. Ms. Oliver: Yes. Mr. Graham: Madam Chair, I too need to disclose that I am on a board of Towne Bank of the same items and I will be voting today. Ms. Oliver: Great, yes. Mr. Weiner: Madam Chair. I need to abstain the item number five Spence Crossing at the corner of Princess Anne Road Independence Boulevard, the developer is my client. Ms. Oliver: Anyone else? Okay. Make a motion. Mr. Weiner: I made a motion already. Ms. Oliver: Do I have a second? Mr. Graham: I second. Ms. Oliver: Okay. Thank you. Ms. Sandloop:The vote is open. By the recorded vote of 9-0, agenda items one, five, six, seven, eight, nine, 10, 11, 12, 13, 14, 16, 17, 18, 19, 20, 21, 22, 23, 24 and 26 have been approved by consent with Commissioner Wiener abstaining from Agenda Item number five. 2 Ms. Oliver: Great. Thank you very much. And I would like to thank all the applicants for coming down today who had a matter of them on the consent agenda, and attending the hearing. All these items will be scheduled for hearing with the City Council to be announced. And so if you'd like to take this opportunity to leave before we start our hearings, you are welcome to do so. Thank you again for coming down. The next order of business will address the remaining matters on our agenda. And I would ask the city clerk to call the first item. AYE 9 NAY 0 ABS 0 ABSENT 0 ALCARAZ AYE BARNES AYE GRAHAM AYE HORSLEY AYE INMAN AYE _ OLIVER AYE REDMOND AYE • WALL AYE WEINER AYE CONDITIONS 1. When the property is redeveloped, it shall be in substantial conformance with the exhibit entitled Proposed Site Layout on page 6 of this report,which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning& Community Development. 2.No vehicles for sale shall be parked outside of the designated display area,as depicted on the site layout identified in Condition 1 above, including within the 22-foot common easement along Lynnhaven Parkway,within any utility easement or within the right-of-way.No parking of any vehicles shall be permitted within the right-of-way. 3. All vehicles for sale shall be located on a paved surface.No vehicles shall be displayed on raised platforms, earthen berms, landscape islands, or any other structure designated to display a vehicle higher than the elevation of the main parking lot. 4. A Landscape Plan shall be submitted to the Development Services Center of the Planning and Community Development Department for review and approval prior to the issuance of a Certificate of Occupancy. 5. There shall be no storage of tires, merchandise, or debris of any kind outside of the building. 6. No outside storage of vehicles in a state of obvious disrepair shall be permitted on the site. 7. There shall be no auto repair or service on the site. 3 8. There shall be no outside audio speakers for any purpose. 9. There shall be no signs which contain or consist of pennants,ribbons, streamers, spinners, strings of light bulbs, or other similar moving devices on the site or on the vehicles.There shall be no signs which are painted,pasted or attached to the windows,utility poles,trees, or fences,or in an unauthorized manner to walls or other signs. There shall be no portable or nonstructural signs,or electronic display signs on the site. 10. There shall be no neon or electronic display signs or accents installed on any wall area of the exterior of the building, in or on the windows, or on the doors.No window signage shall be permitted. A separate sign permit shall be obtained from the Planning Department for the installation of any signage. 11. One monument style freestanding sign with a two-foot brick base shall be allowed on the site. The freestanding sign shall be no taller than eight(8) feet in height measured from the ground to the top of the sign. 12. The applicant/owner shall resubdivide the property and vacate all internal lot lines. Said resubdivision plat must be submitted for approval and recordation by the Planning Department. 4 OZ9I 09E't 080 6 OI8 Otr' OLaEI 0 load Oumpng a!s!v anua 1016ul)UBd .,, �, peoj uepe6unH £5ZE\47- 6uluoz0 AaIiw uilsnr a1!s %/. .r., \ 11,_L-9_,,' 4 I.'JV k I * J d \i I\ 1 of \---- 1 O � 1 I r I /� i ,v - * kov -• a z-ov \. 1` I I I I II IIIIIIIIalI \ 1 a r I I I _ 'i', I I - - .1.S I .--------H i 6 I:, I ,. 43 \ 4 . f_,,,, , _.,. _. _ ,„ ... .,, ... n .115-1 D 0._ 1:-.:L .:1t3 ! I 6 -'0‘1 * -9V 4Z-0,ty cilL I'l cz. 1 D 7 ---.:- .-B umenu,/ IrOV Usti [ C CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: JUSTIN MILEY [Applicant] JUSTIN & MARGARET MILEY AND CHRISTINE KOMMNICK [Owners] Conditional Use Permit (Residential Kennel) for the property located at 3253 Hungarian Road (GPIN 1388448273). COUNCIL DISTRICT — PRINCESS ANNE MEETING DATE: June 2, 2020 • Background: This request was scheduled for the March 17, 2020 City Council agenda; however, that meeting was cancelled. The applicant is seeking a Conditional Use Permit for a Residential Kennel for up to 15 adult dogs, as the Zoning Ordinance has a limitation of four per property. Mr. Miley currently has six hunting dogs, a mixed breed of bluetick and walker, and four companion dogs that are predominately inside the home. No overnight boarding of dogs is proposed with this request. • Considerations: The 13.24-acre property is in the rural area of Virginia Beach, known as Blackwater, on Hungarian Road. It is common for hunting dogs to be kept primarily outdoors in kennels in the southern part of the City. The applicant is currently constructing a 384-square foot structure on the agriculturally-zoned property to house the hunting dogs. The property falls within the Agricultural Reserve Program (ARP) and a Residential Kennel is a permitted use within the ARP easement. Section 223 of the Zoning Ordinance requires animals to be kept in soundproof, air-conditioned buildings, or be located at least 100 feet from an adjacent property line. The proposed kennel measures approximately 120 feet to the nearest property line, thereby, meeting the requirements. In addition, the kennel is located over 400 feet from the closest residential dwelling. Animal Control Staff has reviewed the request and indicated that there is no record of any complaints filed with the City. Further details pertaining to the application, as well as Staffs evaluation, are provided in the attached Staff report. There was one speaker in opposition at the Planning Commission public hearing. This speaker is the property owner to the west who plans on building a home on that property in the near future. The concerns were related to noise, safety, and environmental impacts. Based on the discussion at the hearing, the Planning Commission modified the maximum number of dogs allowed from 15 to 10, as identified by strikethrough and underlined text in Condition 1 below. Justin Miley Page 2of2 • Recommendations: The Planning Commission passed a motion to recommend approval of this request by a vote of 9-0. 1. There shall be no more than fifteen ten adult dogs kept on the property at any time. 2. The dog kennel structure, outdoor dog area, and fence shall be maintained in a safe and sanitary condition. 3. All animal waste from the dog kennel shall be collected and disposed of in a lawful manner on a daily basis. 4. The applicant shall ensure that all dogs are properly vaccinated and immunized and are licensed through the City of Virginia Beach. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: Applicant Justin Miley Agenda Item Owners Justin & Margaret Miley, Christine Kommnick �� 1„,r Public Hearing February 12, 2020 City Council Election District Princess Anne 2 Virginia Beach Request Conditional Use Permit (Residential Kennel) Staff Recommendation Approval Staff Planner Hoa N. Dao ✓'ter Location 3253 Hungarian Road GPIN ---j"-- 1388448273 Site Size 13.24 acres _ AICUZ Less than 65 dB DNL Watershed Southern Rivers Existing Land Use and Zoning District 1 Single-family dwelling/AG-1&AG-2 % - Agricultural i Surrounding Land Uses and Zoning Districts i North `- Hungarian Road . e Undeveloped land /AG-1 &AG-2 Agricultural South Cultivated fields/AG-1 Agricultural East 4, , 4. Single-family dwelling, cultivated fields/AG-1 & .1 AG-2 Agricultural West Cultivated fields/AG-1 &AG-2 Agricultural Justin Miley Agenda Item 2 Page 1 Background and Summary of Proposal • The applicant is seeking a Conditional Use Permit for a Residential Kennel for up to 15 adult dogs. He currently has six hunting dogs, a mixed breed of bluetick and walker, and four companion dogs. • The 13.24-acre property is located in the rural area of the city on Hungarian Road.The property falls within the Agricultural Reserve Program (ARP)and a Commercial Kennel is a permitted use within the ARP easement. • The applicant is in the process of constructing a 384-square foot kennel to accommodate up to six hunting dogs. • There is no overnight boarding of dogs proposed with this request. • Section 223 of the Zoning Ordinance requires animals to be kept in soundproof, air-conditioned buildings, or be located at least 100 feet from an adjacent property line. The proposed kennel is measured approximately 120 feet to the nearest property line,thereby, meeting the requirements. In addition,the kennel is located over 400 feet from the closest residential dwelling that is currently under construction. C. Ao-r Air AG ` E4- 0' AG-2 ,.,,ito • AG ■ Zoning History •i # Request 1 CUP(Horse Boarding&Training)Approved 12/11/2007 A r • AG-1• AG-1• Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance LUP—Land Use Plan REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Evaluation and Recommendation Staff finds the proposed Residential Kennel to be appropriate and compatible with the character of the surrounding rural area. It is common for hunters to keep hunting dogs on their property in the southern part of the city.The dogs will be kept inside the fenced area and also within a 384 square foot structure on a large agriculturally zoned property. As stated above,the kennel building is located over 400 feet from the closest dwelling unit and is surrounded by cultivated agricultural land. Animal Control has reviewed the request and indicated that there is no record of any complaints filed with the City and has no opposition to this application. Based on these considerations, Staff recommends approval of this request subject to the conditions below. Justin Miley Agenda Item 2 Page 2 Recommended Conditions 1. There shall be no more than fi#teeFt ten adult dogs kept on the property at any time. 2. The dog kennel structure,outdoor dog area, and fence shall be maintained in a safe and sanitary condition. 3. All animal waste from the dog kennel shall be collected and disposed of in a lawful manner on a daily basis. 4. The applicant shall ensure that all dogs are properly vaccinated and immunized and are licensed through the City of Virginia Beach. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations The Comprehensive Plan designates the subject property as being in the Rural Area with primarily agricultural and rural related activities. Goals within the Rural Area include preserving and promoting the agricultural economy, preserving the rural heritage, sustaining natural resources for future generations, and managing rural area development and design. Natural and Cultural Resources Impacts The property is within the Southern Rivers watershed.A preliminary stormwater analysis is not required since the proposal would not result in an increase of more than 2,500 square feet of new impervious surface. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Hungarian Road No Data Available No Data Available Existing Land Use 2-10 ADT Proposed Land Use No Data Available Average Daily Trips 2 as defined by a single-family 3 No information available in the °LOS=Level of Service home ITE Trip Generation Manual for event venues Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Hungarian Road is a two-lane undivided local street. There is no roadway Capital Improvement Program project slated for this portion of the roadway. Justin Miley Agenda Item 2 Page 3 Public Utility Impacts Water and Sewer This property is not served by City water or sewer.The existing private well and septic system has been approved by the Health Department. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on January 13, 2020. • As required by State Code,this item was advertised in the Virginia Pilot Beacon on Sundays,January 26, 2020, and February 2, 2020. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on January 27, 2020. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of www.vbgov.com/pc on February 6, 2020. City Council • As required by City Code,this item was advertised in the Virginia Pilot Beacon on Sundays, May 17, 2020 and May 24, 2020. • 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 May 18, 2020. • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departments/city-clerk/city-counci 1/Documents/BookmarkedAgenda.pdf on May 29, 2020. Justin Miley Agenda Item 2 Page 4 Proposed Site Layout HUNGARIAN '"'` - ROAD -s '-fir ilkd ,a.. ,� 4 :MU/•. '; _ e'.a `. ' ,-:3I 1 P■, Jr p ° tiI p ♦ f ja IN riI 1 , l ` 1 a . , 1 ' [C _ film .�1 Ivo 10 l„. 1 v I p cn w �_ ;a 1 a ii m I I 1 1 1\` ♦ I \\ 1 4 \\e c 11 rt' f 4 d► b 4` \ " r 1 w I a 4 4f, ' I 6 i I 111 i o. • L 4 p I __Iit As Z 1 . 1 4. i Z w 4 1 _4_ k, o w . I Y D N I - p U d- I 1 N •,m �lr, o w - d ~ `_ I O v' d1 I I11. I I t Justin Miley Agenda Item 2 Page 5 Site Photos 41141 iroa'-..il)::. sir ...� 2 :t.43:r a4 1 ►S ..�., R/ t I F v: • ► .. ‘ ik I, .y. i.„-0,tr:,,,A.,..,.) ‘,.. .0.,. if - * ',1; gig pI r �.ft is ,„ ` �•-1"Y'::1„:-::,-,,.' 4,,,..,-1 1 v 4.,--i i':,...1 J. . L - 1 ` _ , r sui 0 r 4:-.,lal.,1 i ..i r i a:1711 iii -' 11 i I:4 7,,L i•i. •!•i•.•.• - de+- e -. viii4j., t . tiol---- ' Justin Miley Agenda Item 2 Page 6 Disclosure Statement \fi3 Virginia Beach APPLICANT'S NAME Justin Miley DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board The disclosures contained In this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(2)weeks Door to any Page 1 of 7 Planning Commission and Cite Council meeting that pertains to the application(s). APPLICANT NOTIFIED OF HEARING DATE- _ ND CHANGES AS OF DATE: 3/S LO Ei REVISIONS SUBMITTED DATE. Justin Miley Agenda Item 2 Page 7 Disclosure Statement NIBry.., Virginia Beach Check here if the APPLICANT IS__NOT a corporation, partnership,-firm, business, or other unincorporated organization. nCheck here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:______ If an LLC,list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes' and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. V:1 _ Check here if the PROPERTY OWNER IS NOT a corporation, partnership,firm, business,or other unincorporated organization. n Check here if the PROPERTY OWNER IS a corporation, partnership,firm, business,or other unincorporated organization,AND THEN, complete the following. (A) List the Property Owner's name: If an LLC, list the member's names: Page 2 of 7 Justin Miley Agenda Item 2 Page 8 Disclosure Statement Virginia Beach If a Corporation, list the names ofall officers, directors, members,trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 1 °Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 2 'Affiliated business entity relationship" means 'a relationship, other than parent-subsidiary relationship, that exists when(i)one business entity has a controlling ownership interest In the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or (lii) 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. 4 • SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subiect of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Justin Miley Agenda Item 2 Page 9 Disclosure Statement 441,,,VB, APPLICANT ViYginiaBeach YES NO SERVICE PROVIDER(Ilse additional sheets if needed) iY i Accounting and/or preparer of your tax return Architect/Landscape Architect/ t f` Land Planner ❑ Contract Purchaser(if other than DI the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed ❑ IT1 purchaser of the subject property I7� (identify purchaser(s)and purchaser's service providers) EConstruction Contractors 17 Engineers/Surveyors/Agents Financing(include current El mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) 0 Lam. Legal Services Real Estate Brokers/ CI E Agents/Realtors for current and anticipated future sales of the subject property — •-- • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? If yes,what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Justin Miley Agenda Item 2 Page 10 Disclosure Statement NIB Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is • complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. V!' IK7VitC fravi/H 1ai i1 �Llo (`1 APP�t A S:NATu PRINT NAME DATE Page 5 of 7 Justin Miley Agenda Item 2 Page 11 Disclosure Statement NIB i I OWN ER t Virginia Beach. ® NO SERVICE PROVIDER(dse addittenal sheets If needed) Accounting and/or preparer of your tax return ❑ [J Architect/Landscape Architect/ Land Planner Contract Purchaser(If other than❑ the Applicant)-Identify purchaser and purchaser's service providers Any other pending or proposed ❑ purchaser of the subject property (identify purchaser(s)and purchaser's service providers) EjEl Construction Contractors ❑ 1/ Engineers/Surveyors/Agents �t Financing(Include current 0 K. mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) n EJ Legal Services Real Estate Brokers/ ❑, Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have 0 an interest in the subject land or any proposed development contingent on the subject public action? If yes,what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 Justin Miley Agenda Item 2 Page 12 Disclosure Statement Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning•Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. 11-A.4-)61 PRO' RTY OWNER'S SIGNATURE PRINT NAME DATE rA7 /6144..ci_ Ka.drio,:pck Page 7 of 7 Justin Miley Agenda Item 2 Page 13 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Justin Miley Agenda Item 2 Page 14 Item#2 Justin Miley Conditional Use Permit (Residential Kennel) 3253 Hungarian Road February 12, 2020 RECOMMENDED FOR APPROVAL Ms. Sandloop:Thank you Madam Chair. Our next item of business is agenda item number two, Justin Miley, which is an application for Conditional Use Permit a residential kennel on property located at 3253 Hungarian Road located in the Princess Anne District. If the applicant or the applicant's representative is present, would you please approach the podium and state your name? Ms. Oliver: And I just want to remind all our speakers today that to be respectful of our time limit, which is three minutes. Mr. Miley: Justin Miley. Ms. Oliver: How are you? Mr. Miley: Good. Ms. Oliver: Good. Would you like to tell us a little bit about your application today? Mr. Miley: Just for 6 hunting dogs. I'm moving from Chesapeake to Virginia Beach to my new property. I had them for 10 years so I'm just pretty much moving them over to my new house and that's about it. Ms. Oliver: Alright, quite well, why don't you take a seat and then we'll see who the next speaker is. Thank you. Ms. Sandloop:We have one speaker Madam Chair, Cary Scott Jr. Ms. Oliver: Welcome. Mr. Scott: Hello. Ms. Oliver: If you'll state your name for the record please. Mr. Scott: Cary Scott, Jr. Ms. Oliver: Okay. Mr. Scott: I'm opposed to this for three main reasons. One being noise, two being safety and three, the health and environmental risks, I own the property to the adjacent to his 1 to the west. So as far as noise average dog bark is 85 decibels. He's applied for a permit for up to 15 dogs,just to kind of give an idea, a rock concert's 110 decibels, a jackhammer from 50-feet away is 95 decibels, Oceana requires employers to implement a noise conservation program when workers are exposed to anything over 85 decibels, which is the same as average dog bark. Safety, there's 800,000 dog bites per year in the US, children are most frequently bit in the face, neck and head and half of those 800,000 involve children, and then health environment. In 1991, the EPA labeled dog feces as a nonpoint source pollutants, which puts in the same category as herbicides,insecticides,old grease and toxic chemicals. The EPA says 15 days worth of waste from 15 dogs will contribute enough pollution to close a beach and all watershed areas within 20 miles of it to swimming and shell fishing. Out there, we're on well water. So, I am greatly concerned with how the feces would be handled and how it could impact the quality of our drinking water. Dog feces is also one of the most common carriers of whip worms, hook worms, round worms and even the coronavirus, which we've been hearing a lot about. Mr. Weiner: Thank you. Ms. Oliver: Do we have any questions for Mr. Scott? Mr. Barnes: Yeah, I do. Ms. Oliver: Yes. Mr. Barnes: Point out where your house is? Mr. Scott: Right there, well it's not my house. I just purchased a property with the plan to build a house right there where the word proposed would be, is my property. Ms. Oliver: Anybody else have any questions for Mr. Scott? Yes. Mr. Wall: I see the property where the proposed kennel structure is,is your house towards the roadway or where's it going to be looking? Ms. Oliver: Mr. Scott, there's a pointer right in front of you. Mr. Scott: The plan would be right in there. Mr. Wall: So, is the lot size about the same size as the applicant's? Mr. Scott: Our lot is 20 acres, I believe their is 12 acres. Mr. Wall: Okay so a little bit bigger. Ms. Oliver: Anybody else? Yes Mr. Redmond. 2 Mr. Redmond:So,where you're going to build that house I mean you surveyed and all that I mean, how far you were? Mr. Scott: We're still in the process of all that, I'm sure you're aware it takes a lot of time to get that through the city. Mr. Redmond:This is hardly a scientific observation but it looks to me like that would be farther than that. Then what's indicated on that aerial is the closest dwelling, the closest dwelling is 400 feet so,how far is your house or what going to be from that kennel? Mr. Scott: I have not measured it. Mr. Redmond:85 decibels,quite a different story if the dog stands next to you, than if it's 400-500 feet. Mr. Scott: But that for one dog, this permit is for up to 15 dogs. Mr. Barnes: Yeah, but that doesn't change the decibels. Yeah, they don't multiply; they don't multiply by 85 versus one. Mr. Scott: Okay and understood. Mr. Redmond:Okay, thank you. Mr. Alcaraz: Scott,you will be seeing the condition number three with your concerns about these feces. He is getting a use permit. So, one of the conditions is to lawfully dispose of that or he jeopardizes his use permit. Mr. Scott: How's that enforced? Mr. Alcaraz: You'll have to pass that onto ... Mr. Tajan: So, if you find that there's an issue, this is a zoning matter. If there are issues we can check to see if it's not being picked up also, and I'm sure. Mr. Scott: By mean y'all be checking my water quality right? Mr. Barnes: No, it's your responsibility. Mr. Scott: So, I mean, I have to bear those costs. Mr. Barnes: You would have to, if you are going to apply for a permit to put in a well, but no matter what after that condemnation would be a legal issue, not a city issue. Mr. Scott: I understand. But if there wasn't 15 dogs, then I wouldn't have a concern and wouldn't be testing my water quality. 3 Mr. Barnes: Well, suppose there was 15 cows there, how would you be with that? Mr. Scott: I haven't researched the effects cow feces. Mr. Barnes: I guess the point I'm making is what's the guy supposed to do, I mean, he owns the property and it's legal to put the dogs there. I mean, he's jumped through all the hoops. He's got all the conditions. Mr. Scott: I am here to voice my concerns. Those are my concerns. Mr. Barnes: But you're saying something that might happen. And there's no way we can justify approving or disapproving on something that might happen. Mr. Scott: I understand that but if it does happen, then I'm the one who has to deal with those consequences. Mr. Barnes: Yeah probably. This is your property. Yeah. So,what do you suggest we do since it's all legal by the rules and regulations? Mr. Scott: I mean, I would prefer not to have a kennel. Mr. Barnes: What do you suggest we do? I mean, if you were in his position and it was him living there, what would you do? Mr. Scott: I would do what he's done and applied for a permit. Mr. Barnes: Well that's what he's doing and it's legal. Mr. Scott: I understand. I'm asking you all to vote against it. How about that? Mr. Barnes: Yeah, we got it. Mr. Scott: Just put it very simple. Ms. Oliver: Yes Don. Mr. Horsley: I think rest assured that we wouldn't approve anything that would be detrimental to anything that would affect nearby wales and several of them are in that area. I'm very familiar with the property, I have farmed the property. As you know, I farmed your property until you build your house, and the city attorney said that's not a conflict for me. So, I'm just to tell you that this is something legal, the 15 is a number. I'm not sure, there will ever be 15. Mr. Scott: It could be though. Mr. Horsley: Well, we can change that 15 also so he's got six and four, we could make it 10 which would cut it down a third but rest assured that we wouldn't dare put anything 4 there that would be detrimental to anybody because these peoples have house there, the next neighbor that's building a house there and the people that are already living close in that area but you'll be all right. Mr. Scott: I'm here to voice my opinion. Mr. Horsley: I appreciate you doing that. Ms. Oliver: Thank you, come down. Would the applicant like to come back up and speak on the concerns? Come on up. Maybe you can help him. Okay, go ahead down. Mr. Horsley: You got 6 dogs right now? Mr. Miley: Six dogs and four house dogs,you can only have four legally on a piece of property. Mr. Horsley: Yeah, for the max. Mr. Miley: Yeah, so with the six, it's going to be 10 and that's all I plan to have for hunting and usually every once in a while I have a puppy so I talked to project Planner, I think his name was Hoa. And if I kept the puppies up to six months that falls underneath more license, and then I wouldn't keep them all,I am just going to keep six hunting dogs, that's my total. Mr. Horsley: What I'm saying is what's the number that you got to have? You don't need 15? Mr. Miley: 10 because I got six hunting dogs and four in a house. But if I had a puppy, I didn't want somebody come out there, so say 12 if anything. I'm not breeding dogs. Ms. Oliver: It's just in case you get a puppy. Mr. Horsley: Okay, thank you. Ms. Oliver: Well, and the young man's concern was the disposal of the waste from the dogs. Do you want to address how you are planning on handling it? Mr. Miley: I clean them up every day. I'll put them in a black trash bag and dispose it properly. Nothing goes in a ditch. I let my dogs drink water out of the ditch, so I am just saying and I agree with him, if I got cows or pigs probably be worse than having my dogs and they are on concrete. They're not even in the dirt, so that's another thing. Ms. Oliver: Okay, anybody else have any questions? Thank you. We're going to close the hearing now and open it up for discussion amongst the commissioners. 5 Mr. Horsley: He says he could get by with 10. I think that would be a better number to put down there and I think that would help alleviate some of Scott's concerns. I would like to change that 15 to 10 and make a motion to approve the application. Mr. Redmond:Second. Ms. Sandloop:The vote is open. By recorded vote of 9-0, agenda item number two has been approved with the condition as amended. Mr. Oliver: Thank you. AYE 9 NAY 0 ABS 0 ABSENT 0 ALCARAZ AYE BARNES AYE GRAHAM AYE HORSLEY AYE INMAN AYE OLIVER AYE REDMOND AYE WALL AYE WEINER AYE CONDITIONS 1. There shall be no more than fifteen ten adult dogs kept on the property at any time. 2. The dog kennel structure, outdoor dog area, and fence shall be maintained in a safe and sanitary condition. 3. All animal waste from the dog kennel shall be collected and disposed of in a lawful manner on a daily basis. 4. The applicant shall ensure that all dogs are properly vaccinated and immunized and are licensed through the City of Virginia Beach. 6 :\/,,,, - ., -y--L6., \ � titiii-- \T.--- "1 \._ ...\ � � 69. 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A& / -7_.-..0 it C L) 'E .-L-- :1 . 0 . 0 # 77 1 � \\�V1If � fn N � CO r ---4 'N.... I l f Suzanne Rupp 1916 Kempsville Crossing Lane Virginia Beach,Virginia 23464 March 12, 2020 Marchelle Coleman City Planner II Planning and Community Development 2875 Sabre Street,Suite 500 Virginia Beach,Virginia 23452 Dear Ms.Coleman: After years of conflict with our HOA and especially with this year's issues,we have decided to move out of Virginia Beach,effective April 1,2020. We no longer feel the stress these neighbors have caused us is worth our efforts,although it crushes us to leave this home that we love. It is with a heavy heart to inform you that this of course means I am withdrawing my Conditional Use Permit request. I will apply with the State to be a rehabilitator in Chesapeake instead until the Navy takes us elsewhere next year. I would like to commend you on your incredible level of professionalism,thoroughness,and communication.You have been such a wonderful mentor through this process and I am truly appreciative for all of your work. I have had nothing but positive words to tell those that inquire about the planning process. I will be sure to inform your supervisor of what a wonderful job you have done. It has been a pleasure working with you.Thank you again! Warm regards, SUtpkiVU, Suzanne Rupp biT log �'7f ;SJ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: SUZANNE NICOLE RUPP [Applicant] TRAVIS CHESTER RUPP [Property Owner] Conditional Use Permit (Home-Based Wildlife Rehabilitation Facility) for the property located at 1916 Kempsville Crossing Lane (GPIN 1455900129). COUNCIL DISTRICT — CENTERVILLE MEETING DATE: June 2, 2020 • Background: The applicant submitted a request to withdraw this application. This application is request for a Conditional Use Permit for a Home-Based Wildlife Rehabilitation Facility to care for small mammals on an almost two-acre parcel in the Kempsville Crossing neighborhood. The applicant desires to provide nursery care for juvenile injured and/or orphaned rabbits, opossums, squirrels, and bats until they are ready to return to their natural habitat. No animals will be released from the site. According to the application, the mammals will be rehabilitated indoors within cages that are set up solely for their care. The applicant is currently seeking licensure through the Virginia Department of Game and Inland Fisheries (VDGIF). • Considerations: The applicant is aware of the provisions set forth in Section 242.3 of the Zoning Ordinance related to Home-Based Wildlife Rehabilitation Facility. A condition is recommended to emphasis those standards. Animals will not be left outside unsupervised or overnight and will remain in their enclosures until their final release location is determined in accordance with VDGIF requirements. The existing six-foot high privacy fence provides screening and buffering for the adjacent properties. During the site visit, Staff found the property to be very organized and well-kept. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff report. There was one speaker in opposition at the Planning Commission public hearing who noted concerns about disposal of dead animals and possible health concerns. Apparently over the last several months, migrating buzzards have been frequenting the large stormwater management pond and neighboring properties. The neighbor was concerned that the birds were purposely being attracted to the residential property. As the applicant has not begun operating the nursery, it was made clear that the birds' activities were unrelated. Suzanne Nicole Rupp Page 2 of 2 • Recommendations: The Planning Commission passed a motion to recommend approval of this request by a vote of 9-0. 1. The applicant shall comply with all the provisions of Section 242.3 of the City Zoning Ordinance pertaining to a Home-Based Wildlife Rehabilitation Facility. 2. The applicant shall comply with all provisions established for wildlife rehabilitation by the Virginia Department Game & Inland Fisheries. 3. No animals shall be dropped-off between the hours of 10:00 p.m. and 7:00 a.m. 4. The applicant shall maintain the existing six-foot high privacy fence such that all activity associated with the Home-Based Wildlife Rehabilitation Facility Center and the pre-release facility are screened from view from the right-of- way and all adjacent properties. 5. No animals shall be released at the subject site or within the neighborhood. 6. The pre-release cage depicted on the site layout shall be equipped with a double door system for the protection of the handler and the mammals prior to occupancy by any mammals. 7. All mammals kept onsite shall be properly vaccinated for rabies and proof of rabies immunization shall be kept onsite. 8. Animal waste shall be removed daily in a lawful manner. 9. All animals shall be properly and humanely contained either in the dwelling unit or within the pre-release structure. Animals shall not be allowed to roam freely out of these structures at any time. If any animal does escape, the City of Virginia Beach Animal Control Department shall be notified immediately. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department-g7 City Manager: l ir'1c, Applicant Suzanne Nicole Rupp Agenda Item owner Travis Chester Rupp 7- Public Hearing NI February 12, 2020 City Council Election District Centerville 3 Virginia Beach Request Conditional Use Permit (Home-Based Wildlife 4 / / Rehabilitation Facility) Staff Recommendation 14 / } Approval Staff Planner d Marchelle Coleman , .ti Location `"r y a. 1916 Kempsville Crossing Lane ,; GPIN NM, Y ` 1455900129 4 Site Size c f 1.93 acres `/" AICUZ orik0 ( / Less than 65 dB DNL Watershed Southern Rivers f Existing Land Use and Zoning District "' g Single-family dwelling/ R-5D Residential •, . fz • Al'f to.e p ,,_ Surrounding Land Uses and Zoning Districts North ,, - t Undeveloped land, single-family dwellings/ a 4 V, F� fw ,} R-5D Residential ' .: ` , '°� South ,,, >k:, , k `"4 y� �. #fit, �, F! �i_ �_;�� Single-family dwellings/ R-5D Residential Pt+-'' # .,t. lt. ,.. East Centerville Turnpike '' n ,, - TA Single-family dwellings, stormwater ti z , ` - t management facility/ R-7.5 Residential .4 . #' A- " ,,' '• ..- ' ,. �, . West ,' ,.t 'tti , f ` + Kempsville Crossing Lane �J y _ Ae ,rl Nit ...„ ; Single-family dwellings/R-5D Residential Suzanne Nicole Rupp Agenda Item 3 Page 1 Background and Summary of Proposal • The applicant is requesting a Conditional Use Permit for a Home-Based Wildlife Rehabilitation Facility to care for small mammals on an almost two-acre parcel located in the Kempsville Crossing neighborhood. • The applicant desires to provide care for rabbits, opossums, squirrels, and bats. According to the application,the mammals will be rehabilitated indoors within cages that are set up solely for their care to comply with the permit requirements of the Virginia Department of Game and Inland Fisheries (VDGIF).The applicant has applied for a Category I Permit,which is categorized as an apprentice whose work is performed under the supervision and guidance of a sponsoring Cateogry II Permit holder. All wildlife in the care of a Category I Permit holder shall be obtained from the Category II supervisor during the first two years of the license. • The primary goal is to care for these mammals until they are ready to return to their natural habitat. • Care for the animals will occur both inside the single-family dwelling as well as within the backyard, as described below.The applicant agrees to the installation of a double door system to provide more protection for the animals and the handler, as noted in Condition S.The proposed structure will meet all size and construction requirements set forth by the VDGIF. • Animals will not be left outside unsupervised or overnight and will remain in their indoor enclosures until their final release location is determined by VDGIF. • Animals are referred from the applicant's mentor who receives the wildlife from Virginia Beach Animal Control, veterinarian offices, and individual citizen drop-offs. Animals in need of rehabilitation are transported to the site by vehicle, and after rehabilitation,the animals are again transferred by vehicle to their natural habitat and released. No animals will be released from the site. • A six-foot high privacy fence is installed on the northern, southern and western portions of the site. The backyard is not completely enclosed, as there is a stormwater management facility (BMP) in the rear of the property visible from Centerville Turnpike that serves the Kempsville Crossing neighborhood. The BMP is completely screened along Centerville Turnpike with a five-foot fence and plant material. Suzanne Nicole Rupp Agenda Item 3 Page 2 - 75 1 �. 0:CIrbil .n /o, Zoning History �/ '� a ' # Request ' w - • -f 1 MOD(Mini-Warehouse&Self-Storage)Approved �� r` it 12/09/2003 �ti, // ' 4 n• CUP(Mini-Warehouse)Approved 12/09/2003 Ulla G e°w, - CRZ(R-5D to Conditional B-2)Approved 12/09/2003 % „v.x�yom. CUP(Mini Warehouse&Self Storage)Approved • µvia 02/11/2003 4 t 'fir. „4. .. �,R,7.5 7 a, /,4 i \ R75 \ l sp Application Types MOD—Modification of Conditions or CUP—Conditional Use Permit Proffers FVR—Floodplain Variance LUP—Land Use Plan REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Evaluation and Recommendation The proposed Conditional Use Permit for a Home-Based Wildlife Rehabilitation Facility on this site, in Staff's opinion, is consistent with the policies and goals set forth in the Comprehensive Plan for the Suburban Area. Achieving this goal requires that all land use activities either maintain or enhance the existing neighborhood through compatibility with surroundings, quality and attractiveness of structures, and provide effective buffering with respect to surrounding uses. The proposed wildlife rehabilitation facility is in keeping with these principles, as the six-foot high privacy fence provides sufficient screening and buffering for the adjacent properties. During the site visit, Staff found the property to be very organized and well-kept, successfully promoting the policies intended to ensure the maintainence and sustainability of great neighborhoods. As stated previously,the applicant has applied for their Category I Permit through the Virginia Department of Game and Inland Fisheries.The license will be issued to the applicant after a favorable recommendation and approval from City Council has been obtained. The applicant is aware of the standards outlined in Section 242.3 of the City Zoning Ordinance (listed below)for Home- Based Wildlife Rehabilitation Facilities and Staff believes that this request adequately addresses these requirements. For the reasons stated above, Staff recommends approval of this application, subject to the conditions below. Recommended Conditions 1. The applicant shall comply with all the provisions of Section 242.3 of the City Zoning Ordinance pertaining to a Home-Based Wildlife Rehabilitation Facility. 2. The applicant shall comply with all provisions established for wildlife rehabilitation by the Virginia Department Game & Inland Fisheries. 3. No animals shall be dropped-off between the hours of 10:00 p.m. and 7:00 a.m. Suzanne Nicole Rupp Agenda Item 3 Page 3 4. The applicant shall maintain the existing six-foot high privacy fence such that all activity associated with the Home- Based Wildlife Rehabilitation Facility Center and the pre-release facility are screened from view from the right-of- way and all adjacent properties. 5. No animals shall be released at the subject site or within the neighborhood. 6. The pre-release cage depicted on the site layout shall be equipped with a double door system for the protection of the handler and the mammals prior to occupancy by any mammals. 7. All mammals kept onsite shall be properly vaccinated for rabies and proof of rabies immunization shall be kept onsite. 8. Animal waste shall be removed daily in a lawful manner. 9. All animals shall be properly and humanely contained either in the dwelling unit or within the pre-release structure. Animals shall not be allowed to roam freely out of these structures at any time. If any animal does escape,the City of Virginia Beach Animal Control Department shall be notified immediately. 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. Suzanne Nicole Rupp Agenda Item 3 Page 4 Zoning Ordinance Requirements for Home- Based Wildlife Rehabilitation Facility Home-based wildlife rehabilitation facilities shall meet the following standards: (a) Each operator shall ensure that each animal is provided with: (1) Adequate food and water; (2) Adequate shelter that is clean and of the proper type and size for the particular type of animal and its age, size, species, and weight; (3) Adequate exercise; (4) Adequate lighting; and (5) Veterinary care as necessary to prevent suffering or disease transmission. (b) Each operator shall hold a valid category I or category II A or B wildlife rehabilitation permit from the Virginia Department of Game and Inland Fisheries, and a migratory bird wildlife rehabilitation permit issued by the United States Fish and Wildlife Service if the operator rehabilitates migratory birds. (c) Only species for which an operator holds current state and, if applicable, federal permits shall be kept in such a facility for more than twenty-four (24) hours. All animals not authorized to be kept pursuant to such permits shall be transported to an appropriate wildlife rehabilitation center or a permitted home- based wildlife rehabilitation facility within twenty-four (24) hours of receipt of such animal. (d) No operator shall keep a greater number of animals at any one time than those for which the operator maintains adequate caging as required by the applicable state or federal permit or permits held by the operator. (e) No animal shall be kept at any such facility for a period in excess of one hundred and eighty (180) days. (f) All animals shall be kept or maintained in such manner that a nuisance is not generated by insects, excessive odor, dust, noise, or other conditions deemed by the zoning administrator to be detrimental to the community health, safety and welfare. (g) Removal of dead animals shall be conducted in accordance with the provisions of section 5-14 of the Code of the City of Virginia Beach. The home-based rehabilitator shall be the owner of the wildlife they are rehabilitating for the purposes of City Code section 5-14. (h) Removal of all waste, including medical waste, shall be conducted daily in accordance with the provisions of Section 31-7 of the Code of the City of Virginia Beach. (i) All structures, buildings, or cages used for the shelter of animals shall comply with the dimensional requirements of the zoning district in which the facility is located, provided that cages or other wildlife confinement areas shall not occupy more than a total of twenty (20) percent of the lot on which the facility is located. Structures in which animals are confined shall not exceed eight (8)feet in height. (j) There shall be no signs pertaining to the use on the property other than one (1) non-illuminated sign, not to exceed one (1) square foot in area, that may provide identification of the facility, notice to the public of any potential hazards related to the operation of the facility, and notice to the public of basic instructions for delivery of sick, injured, orphaned, or displaced wildlife. Suzanne Nicole Rupp Agenda Item 3 Page 5 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 surrounding uses. (pp.1-59 to 1-68) Natural and Cultural Resources Impacts The site is located in the Southern Rivers watershed. Drainage in the Southern Rivers watershed is highly impacted by the presence of high ground water, poorly draining soils, and high-water surface elevations in downstream receiving waters.There does not appear to be any significant natural or cultural resources associated with this site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Kempsville Crossing Lane No Data Available Existing Land Use 3—10 ADT Proposed Land Use -10 ADT 'Average Daily Trips gas defined by a single-family 3as defined by a single-family dwelling dwelling with home-based wildlife rehab Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Kempsville Crossing Lane in the vicinity of this application is considered a two-lane undivided local street. There are no roadway Captial Improvement Program projects planned for this area. Public Utility Impacts Water&Sewer This site is currently connected to both City water and sanitary sewer services. Public Outreach Information Planning Commission • The applicant reported that they sent letters of notification to the surrounding property owners, and no objections were raised. • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on January 13, 2020. • As required by State Code,this item was advertised in the Virginia Pilot Beacon on Sundays,January 26, 2020 and February 2, 2020. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on January 27, 2020. Suzanne Nicole Rupp Agenda Item 3 Page 6 • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of www.vbgov.com/pc on February 6, 2020. City Council • As required by City Code,this item was advertised in the Virginia Pilot Beacon on Sundays, May 17, 2020 and May 24, 2020. • 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 May 18, 2020. • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/govern ment/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on May 29, 2020. Suzanne Nicole Rupp Agenda Item 3 Page 7 Site Layout r L. otos*p�o,, __ 5) . 4 ,7 P Property w / M Line • 0 awe ., ' v LOT 30 I V i OW '20O307250115332) V TV. • ?tin Sf i w IMY N COW / 1F 1 f l °n y.rC1O I45$-80-4129-000O 1 Simuoi :` non 04 J 7 0,kX i,W Io-e" Pre-Release �"° ^�'' » n WON ifWC$ �,wre _ � A Enclosure �0 if (8' wide x 6' tall) 'U`' " ` il( 1 Single - Family 6' Privacy I .,., ". ��,� iofS , ; ., Dwelling Fence IP it hi 4foll " ,1/ t.y 11151 - ;scAa 1•-60• Suzanne Nicole Rupp Agenda Item 3 Page 8 Proposed Rendering of Structure Wood size Hardware cloth wl.l be applied to the entirety or the enclosure,including just below the roof I1"2xt Hinged door for human access with lock on the top and bottom Base will be grass,leaves,straw 2x2 Coop sides/structure(1/6"plywood) Wire Fence(hardware cloth) 6 ft Enclosure:E ft depth s 8 ft wide x 6 feet tall 5ft Profile view-angled roof ill ,-'4 -. . .- . ... 4 it _ .._ '.. y . _ ,...- _. , ! :..7--...t '. g t :�. = 1 a P.�i 4 r it. wig --e . 44 . . _ lill'' -per.- .. .w Suzanne Nicole Rupp Agenda Item 3 Page 9 Site Photos -- s a. sue . '` ter` . , - € 4 . . _ ..yam _ = , Suzanne o Agenda Item 3 Page leRupp 10 Site Photos ., z' 6 t ri. st , - RIME ilk -'p -‘.- - -- . . , ,..,.. _____ , _ . Zal ----___.:_,----:-----L---3--i._____ ______.._-_-_. ... ______,_. ..._......___ ______ ,........„...., .. ________,_____ . ....,........,....„ .. __,.. ..... .,„,„...,,,,-........ ..‹.„..„..„ , .. ...xqe•# = ems_ . .._ .. , .... . . ih s hs � l\fin g Suzanne Nicole Rupp Agenda Item 3 Page 11 Disclosure Statement NBcsrof Virginia Beach APPLICANT'S NAME Suzanne Nicole Rupp DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to,the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board • The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • ► SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page 1 of 7 Planning Commission and City Council meeting that pertains to the applicationfs).El �/ , LIB N CHANTGES NOTS OFI)OF HI ARING DAI I Z/2�J2d` V C- NO citaNCEs AS of Din Marchelle L. Coleman REVISIONS SUBMITTED DAT Suzanne Nicole Rupp Agenda Item 3 Page 12 Disclosure Statement Virginia Beach Check here if the APPLICANT IS NOT a corporation, partnership, firm, business,or other unincorporated organization. nCheck here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:Suzanne Nicole Rupp If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below (Attach list if necessary) (B) List the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes' and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. ® Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the PROPERTY OWNER IS a corporation, partnership,firm, business,or other unincorporated organization, AND THEN,complete the following. (A) List the Property Owner's name:Travis Chester Rupp If an LLC, list the member's names: Page 2 of 7 Suzanne Nicole Rupp Agenda Item 3 Page 13 Disclosure Statement NIB Virginia Beach If a Corporation, list the names ofall officers, directors, members,trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary or affiliated business entity relationship with the Property Owner: (Attach list if necessary) t "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code§ 2 2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when(i)one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity,or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101. _ SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subiect of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Suzanne Nicole Rupp Agenda Item 3 Page 14 Disclosure Statement APPLICANT Virginia Beach YES NO SERVICE PROVIDER(use additional sheets If needed) XIAccounting and/or preparer of your tax return n Z Architect/Landscape Architect/ I I Land Planner ® Contract Purchaser(if other than the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed \/ purchaser of the subject property L (identify purchaser(s)and purchaser's service providers) • IXConstruction Contractors El ® Engineers/Surveyors/Agents Financing(include current ❑ ® mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ® Legal Services Real Estate Brokers/ ❑ Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Suzanne Nicole Rupp Agenda Item 3 Page 15 Disclosure Statement ter Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. Popp Suzanne Rupp 11-29-19 APPUCANTS SIGNATURE PRINT NAME DATE Page 5 of 7 Suzanne Nicole Rupp Agenda Item 3 Page 16 Disclosure Statement OWNER Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) • /, Accounting and/or preparer of your tax return ❑ 7 Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed Xpurchaser of the subject property (identify purchaser(s)and purchaser's service providers) u I/V Construction Contractors • 17 Engineers/Surveyors/Agents Financing(include current ❑ T mortgage or holders and lenders . being considered to provide financing for acquisition or construction of the property) u 7 Legal Services Real Estate Brokers/ El v Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ I/<I an interest in the subject land or any proposed development contingent on the subject public action? If yes,what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 Suzanne Nicole Rupp Agenda Item 3 Page 17 Disclosure Statement Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is 1 complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. Travis Rupp 11-29-19 PROPERTY OWNER'S SIGNATURE PRINT NAME DATE l Page 7 of 7 Suzanne Nicole Rupp Agenda Item 3 Page 18 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Suzanne Nicole Rupp Agenda Item 3 Page 19 Item#3 Suzanne Nicole Rupp Conditional Use Permit(Home-Based Wildlife Rehabilitation Facility) 1916 Kempsville Crossing Lane February 12,2020 RECOMMENDED FOR APPROVAL Ms. Sandloop:Our next item of business is agenda item number three, Suzanne Nicole Rupp. An application for a Conditional Use Permit Home-Based Wildlife Rehabilitation Facility on property located at 1916 Kempsville Crossing Lane located in the Centerville District. The applicant or the applicant's representative please step to the podium. Ms. Oliver: Good afternoon. Ms. Rupp: Good afternoon. Ms. Oliver: Would you state your name for the record place? Ms. Rupp: Suzanne Rupp. Ms. Oliver: Okay, thank you. You're about to tell us a little bit about your application. Ms. Rupp: I am seeking a Conditional Use Permit for wildlife rehabilitation in my home. The cages will be located in my laundry room. I only have room for four cages so it won't be too many animals,but it'll help though,with animals in need. It'll be small mammals; it'll be squirrels, possums, and bunnies. As a Category I permit holder, I can only have uninjured orphaned animals and my mentor, she's sitting back here. She says that should there be an issue with having these animals outside in this soft release cage. So, basically, they will be in the enclosure for the last couple weeks before they're going to be released. If there is an issue with the community or any concerns about them perhaps getting out for some reason, then she had agreed that I would just transfer the animals that I'm rehabilitating to her and she'll release them at her home in Chesapeake. Ms. Oliver: Okay, great. Thank you, you have a seat, and we'll hear from the next speaker. Ms. Rupp: Thank you. Ms. Oliver: Thank you. Ms. Sandloop:We have one speaker, Crystal Wiggins. 1 Ms. Oliver: Welcome Mrs. Wiggins. Ms. Wiggins: Thank you. Good afternoon Chair and Commissioners. My name is Crystal Wiggins and I strongly-strongly oppose to this and this is why, I didn't bring slides, but I did send some to the homeowner association. You had a picture a little while ago of her home and right beside it, there's an ease way you can see on your right hand side, like the little park area and if you go straight back there, there's a little park that you can take kids to. However, we've been there for about four years and I always walk that way and sit and so one day, not too long ago in December, I had my grandkids, and we were getting ready to go walk and I look at her house, all on the top, particularly the back and on the fence to the left side were buzzards everywhere, and to the point where they started to spread to the other home. So, I'm like, okay, something's wrong here. Something has died, something's going wrong. I've been here for years; I've never ever seen this. Only time I've seen that many buzzards is when I go past the land field,which is not that far from my home. So, I took pictures,but I didn't realize I sent them to the homeowner association. I even drove around on the backside; we couldn't even walk. I was so terrified, and my grandkids were terrified, and I had a little Maltese I held up. So, all I know is when you have that many buzzards, there's dead animals around and it's not attractive to a home, to a street and to the area where we're, which is why I moved to the area. So, I could walk and sit at that park,I normally go to Mount Trashmore every day, but that allows me to sit with the kids and take them to the park. And so not only is it not a good look, but I know that health wise something's not right. I feel like that type of business or home wildlife that you want to do should be in an area that has more land and not end up on one street community, so that's what I feel. Ms. Oliver: Thank you. Does anybody have any questions for Mr. Wiggins? Yes. Mr. Graham: I have a question. Was it just one time that you saw the buzzards? Ms. Wiggins: Oh no, it was several weeks. I mean, was like several days like I kept driving by I told my husband because my husband mentioned it to me, like two or three weeks way before, so I thought, you know, maybe he was thinking about when he drove past, I didn't realize it was her particular home. And so, I watched, I took pictures, I drove around, I kept walking, I said, what is going on? To the point I even called the homeowner association to ask to speak to the manager. So I wanted to talk to her to see if something had died in the water that was causing the buzzards to come but she was on vacation at that time and that was a week so I said let a week go by and then towards the first part of January, I called it and I was able to reach her and indicate .. but then when I saw the letter, the flyer in my mailbox, her asking the 2 neighbors to support it, I said oh, so this is what's going on. This makes sense. Because in four years, I've never seen that so and it wasn't one day, it was several. Ms. Oliver: Did you inquire with her what was in the backyard that might have attracted that? Ms. Wiggins: I didn't go and knock on her door,but I assume if she's doing wildlife,possums I've seen a possum in my backyard and told my husband to open the fence and just, yeah, let it go where it goes, squirrels, rabbits we see all the time. So, I don't see that is a sanctuary to have for your home for one street and then they like I said the buzzards were on the top and on the side,but I took pictures where they had spread it out to the neighbor to her right and left on top of their home. So, I can only imagine if that's. Mr. Barnes: Did you see them feeding like on the ground? Ms. Wiggins: There were some buzzards on the ground. There were buzzards on the fence. There were buzzards on the roof of her home. And it was like I was like what in the world is going on here? Yeah. Ms. Oliver: Mr. Weiner. Mr. Weiner: Were they buzzards, or were they crows? Ms. Wiggins: No,they were buzzards, not crows, I know exactly what a crow looks like. I know exactly what a buzzard looks like because we live not too far from the landfill. So, Yeah, this is gigantic. Yeah, totally different. Ms. Oliver: Mr. Redmond? Mr. Redmond:How many times did you say you saw this? Mr. Wiggins: I saw, I watched it for about a week and I kept calling was trying to get in contact with the homeowner's association. My husband has saw them several weeks before and I kept watching. I was like, so then the water there used to be the water that would spout in the middle of the lake. So, I didn't see that on so I thought, well, maybe something's died. What's going on? There's something different in this property that has occurred and then when I saw the flyer, I figured, okay, wildlife something's going on here, so. Ms. Oliver: George. Mr. Alcaraz: Yeah, so you live on the street? Ms. Wiggins: I do live on the street at 1837. Mr. Alcaraz: Where's that on location? 3 Ms. Wiggins: I live closer towards when you're coming into the neighborhood,I am like 10 houses on the right when you are going into the neighborhood. Mr. Alcaraz: On the same street? Ms. Wiggins: Same, it's only one street. It's just one street. Mr. Alcaraz: And you saw the buzzards on the? Ms. Wiggins: On the back of her house, on the side of her property, on the backyard. I wish I had my phone; I could show you. Mr. Alcaraz: And you saw them on the house next door to? Ms. Wiggins: Yes. Mr. Alcaraz: Between. So, you had the green space and you had that house? Ms. Wiggins: Right. So, her house is in the middle, so directly to her right. There's a home that's a little closer, okay. And then you have the ease way, the easement that you can walk and then there's the other house and there were two on top of that home. Mr. Alcaraz: And that's a park? Ms. Wiggins: It's like a little, what do you call? Mr. Barnes: Open area. Ms. Wiggins: Thank you, I am looking for the proper word. Mr. Alcaraz: Is that lake her lake or is it a BMP? Ms. Wiggins: No. It's a part of... Mr. Alcaraz: I just see it depicted with the blue line and it looks like it's her property. Is there fish in that lake? Ms. Wiggins: I don't know. I don't know. I have no idea. Mr. Alcaraz: How long you have been there, you haven't seen anyone? Ms. Wiggins: I've been there for four years and I walk all the time. I mean, I've seen people out there in the summertime. They may have a little poll one or two,but it's you know, it's like your community lake and my husband who's an engineer for Verizon, share that when they're doing plan development things like that, that's just to help to relieve the pressure in the water and see and there's a couple of little benches one or two,but when you walk straight back, you can walk to the other side. 4 Mr. Alcaraz: One last question, when did you see these buzzards or what time, what season or? Ms. Wiggins: Oh, it was like around December. Mr. Alcaraz: Okay,just recently. Ms. Wiggins: Yeah. And so, my husband saw them like before, so I might have, I think I call it around that time and my husband saw them like earlier like November and early. He's like something's going on. Like, I said,what are you talking about? And then when I saw for myself, I'm like, you did not describe that adequately at all. Ms. Oliver: Jack. Do you have Ospreys around there? Ospreys, do you have ospreys,big birds that nest way up in cell towers, etc? Ms. Wiggins: No, I normally see, well, I used to live near Gravenhurst area where they had swampy lake and so they had those types of birds and things over there but not. Ms. Oliver: Not in that neighborhood, okay. Ms. Wiggins: Only problem that we've ever had, which is it's not really a problem,but it is what it is because its nature. And that's, you know, geese that come and go, seasonally, that's what I've always saw, and we were just used to that, so, you know,but. Mr. Graham: You see geese on the lake there? Ms. Wiggins: Yeah, wintertime, they come and go when the time comes. Yeah. Ms. Oliver: Thank you very much. Ms. Wiggins: You're welcome. Thank you for listening. Ms. Oliver: Absolutely. Would you like to come up and see if you can address her concern would be great? Thank you. Ms. Rupp: So, the vultures have been a problem even for us. I think you have this agenda in front of you. It's on page nine; you see we had to put our patio furniture away because they would keep pulling at it. And seven of our screens on the main floor, we have to replace because there were holes that the vultures have ripped out. We think they're coming by because they love to swim in the lake or like take little baths in the lake that's right behind us and then they'll sleep in our grass in the backyard. So, I haven't seen them in weeks, but they would come in batches, and then some days wouldn't see them. So, it really depends on I noticed when it's warmer out, that's when they would come by, and we are right by the landfill. So, they live close by,but I think that's the main attraction is the water honestly,because that's what we see them do. They'll splash around and they'll come back out and 5 we don't mess with them because their wildlife doesn't matter it happens. And they'll just sleep there, and we don't harm them or anything. We just let them sleep and take a bath and they just come and go. I know it's very random. Ms. Oliver: Yes. Mr. Graham: So, when, one of the animals you're rehabilitating when it dies, I'm sure it happens from time to time. How do you dispose of the animal carcass? Ms. Rupp: Well, first, I don't have any animals right now because my permit is only it's based on this approval. Mr. Graham: So right now, you don't have any? Ms. Rupp: No, I don't have any. So, the vulture is coming there has nothing to do with any wildlife that I have. So, I've never disposed of any wildlife. Mr. Graham: So, you didn't try it out and have some there? Ms. Rupp: No, I have not. Ms. Oliver: Yes, Mr. Barnes. Mr. Barnes: Yes, the buzzards are not there now, right? Ms. Rupp: No,they're not. I didn't see any, I haven't seen any in a couple of weeks. I see them flying around occasionally. Mr. Barnes: They migrate. There are two kinds of buzzards here is the turkey vulture and the black vulture. That's the two kind. The turkey vulture is common here, black vulture just come here within the last 15 years and they migrate in and out more so than a turkey and there are doubles in numbers basically, they don't like to stick together. They'll be in the same area. They have two different food sources. The black vulture I have trouble with them with calves, they'll actually, we'll they're protected. I mean,you can't. It's like any other bird,they're prey,you can't destroy them. So,they'll actually attack and if the calf is somewhat inhibited at birth,they'll eat them. So, you know but the turkey buzzard doesn't, but they don't bother people. I mean,it's not that they're,you know,they're not like an eagle or something that will occasionally take a person, you know, if they're small. But they migrate in and out. They're nasty. They're ugly. They don't hurt anything, but were you feeding them? Ms. Rupp: No. 6 Mr. Barnes: Were you feeding them? I mean was there any carry in there and any reason for them to be there? Ms. Rupp: Sometimes there's like dead fish that float up, I noticed. Mr. Barnes: No, but were you doing it? Ms. Rupp: No, I was not. Mr. Barnes: Yeah. S,o I would think they were just migrating, you know, happened to be that time and they do, you know, in the fall and in the spring that would be my thoughts they probably come and go. They're unsightly, there's no doubt about that. So far as taking care of the animals, I guess, you know, that's okay with me, as long as it doesn't bother anybody else and you let them go when they rehabilitated. Ms. Rupp: Right. And they won't be released in the community. Ms. Oliver: I do have one question. You made reference to the fact that they're tearing up your screen. Ms. Rupp: Yes. Ms. Oliver: So, that gives me real concern about having your wildlife rehabilitation customers in that screened in area if there I mean, it's nothing for a vulture to go through a screen. Ms. Rupp: Well, that's up for the window screen, but the enclosure if it's allowed, it already has like a kind of a mesh wire. I guess you can kind of see it on there and then it put. Ms. Oliver: No, I haven't been seen much other than the furniture. Ms. Rupp: Oh sorry, Yes. And then I was going to put some other, I forgot what the wire is called,but I am sorry, I'm blanking on what's called but there's a wire it has very. Mr. Barnes: Little round holes? Ms. Rupp: It's like a second layer, but again, if the soft enclosures not approved, that's totally fine. My mentor said that she'll take the animals whenever they're ready for the pre-release. But otherwise, the animals will always be in the cages in my laundry room. Ms. Oliver: Jack. Mr. Wall: I'm just curious. Do you own, there's a lake within your property? 7 Ms. Rupp: Yeah, it is. Mr. Wall: Okay. Ms. Rupp: We own 1.92 acres and the lake itself. It's kind of weird. I guess it's owned by the City, but we own all the land around it. And we're not allowed to have the whole property fenced in because HOA prohibits that. Otherwise we would but because I mean in case that's a concern of animals getting loose or whatnot, we can't fence in the whole thing. Ms. Oliver: Yes, George. Mr. Alcaraz: So, I asked before so is there fish in the pond? Ms. Rupp: There are fish fairly large parts. Mr. Alcaraz: You clean the fish when they're dead, you said they're dead? Ms. Rupp: Yeah. I mean, they just float in the water unless they come to the shore, but most of the time, I don't know what animals are getting them,but they're gone. Like I'll see them floating like its kind of a large pond. But I don't have like a skimmer or anything. Mr. Alcaraz: I just wanted to know. Thank you very much. Ms. Oliver: Anybody else? Yes Mike. Mr. Inman: Question for our bird expert. Would there be anything about the water that would be attractive? Mr. Barnes: No, she asked about osprey. Osprey eat fish,and that's it, and they'll dive and catch them even though they're not worth it. They eat them. But it's migration, I can say that, you know, buzzards are nasty, I mean they are nasty and they're unsightly to look at simply because,you know,what they eat,but something has to eat that,you know, and I doubt very seriously they eat anything out of the water, I would say no. Ms. Rupp: I haven't seen them. Mr. Barnes: I don't think so. It's mainly nature and they actually serve a purpose. You know, I mean, they just do and they you just happen to be in their flight path. The way it appears to me, you know, I've had it happen to my house and I bet Don has. You know, I've had them roost on, set on top of my ass periodically for a day or two, then they're gone. And I don't feed them, you know, so but. Mr. Inman: Since they're gone now, when are they coming back? I mean how often they come. 8 Mr. Barnes: You have to ask them. I don't know. I would say in next fall or next spring when the migration that would be my guess,they might show up tomorrow. I don't know. Mr. Inman: I know you have no warranties on that. Ms. Oliver: We had them, but it was because the Ospreys were dropping the fish. Mr. Barnes: Oh, that's what I am saying, there are only two reasons they're there and that's the reproduce and eat just like that,just about everything else is around, you know, so that's why they are there. Mr. Redmond:I want to make sure I understood you correctly, you don't have any animals now, and you haven't been caring for any animals at your property? Ms. Rupp: That's correct; I have my domestic pets but no wild animals at all. Mr. Barnes: Do you have permit for that? Ms. Rupp: Yes, I do, which I can't get yet until this is approved. Mr. Barnes: So, we're doing all this sort of on a proposal? Mr. Redmond:Yeah. But my point is presumably the idea of these turkey vultures probably I mean, I got them at my house. I live in thorough suburbia and I walk out to the street and there's these odd looking animals out there. Yeah, it's probably me, but they,in any event,so there has to be some sort of causal link here. She's not causing these birds to come to her house. She's not caring for any wildlife at the moment, whatever reason they're there. It's not you that's what I could tell. Thank you. Ms. Oliver: Yes. Any more questions? No more questions. Okay. Thank you very much. Ms. Rupp: Thank you. Ms. Oliver: We're going to close this hearing, just for the Commissioners and open it up for discussion. Okay, come on up. Ms. Wiggins: Can I say something?It's important. Mr. Barnes: You're not going to be mad at me, are you? Ms. Wiggins: No, I just want to make something clear. I've been there for four years. There before they moved in the home was empty. We've never in four years seen any buzzards it's always been geese. I find it interesting that prior to the flyer coming out,I'm sure the interest to do wildlife was probably there. I'm not sure kind of what transpired but since she's put the proposal in there haven't been any animals there, there been no buzzards. 9 Mr. Barnes: She hasn't put anything there. I mean for the buzzard to be there is that correct? So, since she's not doing this, I guess what you're saying is because she's going to do what she's applying to do that she's caused the buzzards to be there because she had any of the animals there. Ms. Wiggins: I'm saying that something was going on there prior to the permit is what I'm saying. And buzzards were everywhere, and they are not turkey buzzards,they're buzzards. And now that we're in this process, and we've been waiting for a few weeks, they are not. Well, whatever buzzard, Turkey buzzards, is just imagine one street and you walk out and they're everywhere and you have kids. No, they're more than unsightly, they are terrifying. Mr. Barnes: But they won't hurt you. Ms. Wiggins: It's not a wildlife community area is what I'm saying. And that's not the type of street or home community in that area. Mr. Graham: I'm not an expert on this. But I will tell you anywhere there's water, you're going to have geese and geese just like all of us die at some point. And when a geese or goose dies,those vultures are on it and I can tell you. I have a lot next to my house, I live on the water, we have had a goose and we get them all on the field next to us and they're nasty looking creatures. Ms. Wiggins: We have geese; we have geese come up and down the street, never in for years that I've been there and prior to me looking at the property for a year, have I ever seen any vultures, buzzards? Mr. Graham: But, I mean, it's... they're opportunists and if there's a goose you're going to see one. Ms. Wiggins: Right,but I just don't think that. I'm sure that our community is not quite aware of what that look looks like and like I said, I happen to walk there all the time. And I see so it's just like, I'm just sharing that our particular street, that one little street in the back of her home is just I don't think is appropriate area for a wildlife, home based wildlife for squirrel and possums and... to attract that. Ms. Oliver: Well, the one thing is that the application, she's only going to have four cages. So, inside her house, with that being said, that if going forward, and there are any problems that you notice, there are certainly, you know, you can certainly make phone calls to the City so that they can come out and take a look at what's going on. Ms. Wiggins: Well, not only that, I mean, I don't think the homeowner association is not even zoned for that, so I guess that's why we're here but I'm just saying imagine. It's like 10 well, that's the whole purpose is to come and share. If she was backed up in it, it wasn't where you could walk in it and it's just her backyard. And nobody could ever walk by into the park, then that's fine. It's hers, its private, but it's not. It's open to the rest of the area and that's why a lot of us move there. So we could have that little area to walk and take our kids and dogs and so forth. And her home, her backyard is backed up into the lake and so yes, her fence, her home is fenced in on the side of her property, but it's not the whole rest of the park where you can walk by if it was just that and some trees fine. Ms. Oliver: Right, she's not allowed to fence in the entire lake even though that is part of her property. Ms. Wiggins: Well, the whole entire lake isn't,just the back portion straight right behind where you can see her backyard. That's her property straight back there, but the rest of the lake is not. Ms. Oliver: Okay, all right. Well, thank you very much. I appreciate your time. We're going to close this commission hearing and open it up for discussion. Mr. Horsley: I think we already had. Ms. Oliver: Yes, we discussed it. Mr. Barnes: Yes ma'am. You know, I don't want to tell you about the buzzards, they going to come and go because if the lady isn't feeding them there and I don't think there's much you can do about that. And if it's, by code it's legal for her to do the wild game rehabilitation, which I assume is what that is and then it's legal. There's nothing you can do about the fact the buzzards go here, buzzards go there, for whatever reason. Like I said before, it's not pretty, but you know, lot of things in nature, I mean. Look at me. but in any case, so I'm going to move that we approve. Ms. Oliver: Mr. Redman. Mr. Redmond:Second. You're pretty though. Ms. Sandloop:Vote is open. By vote of 9-0, agenda item number three has been approved. Ms. Oliver: Thank you very much. AYE 9 NAY 0 ABS 0 ABSENT 0 ALCARAZ AYE BARNES AYE GRAHAM AYE HORSLEY AYE INMAN AYE 11 I OLIVER AYE REDMOND AYE WALL AYE WEINER AYE CONDITIONS 1. The applicant shall comply with all the provisions of Section 242.3 of the City Zoning Ordinance pertaining to a Home-Based Wildlife Rehabilitation Facility. 2. The applicant shall comply with all provisions established for wildlife rehabilitation by the Virginia Department Game& Inland Fisheries. 3. No animals shall be dropped-off between the hours of 10:00 p.m. and 7:00 a.m. 4. The applicant shall maintain the existing six-foot high privacy fence such that all activity associated with the Home-Based Wildlife Rehabilitation Facility Center and the pre-release facility are screened from view from the right-of-way and all adjacent properties. 5. No animals shall be released at the subject site or within the neighbourhood. 6. The pre-release cage depicted on the site layout shall be equipped with a double door system for the protection of the handler and the mammals prior to occupancy by any mammals. 7. All mammals kept onsite shall be properly vaccinated for rabies and proof of rabies immunization shall be kept onsite. 8. Animal waste shall be removed daily in a lawful manner. 9. All animals shall be properly and humanely contained either in the dwelling unit or within the pre-release structure. Animals shall not be allowed to roam freely out of these structures at any time. 12 s � CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: AN ORDINANCE TO ADOPT AND INCORPORATE INTO THE VIRGINIA BEACH COMPREHENSIVE PLAN THE VIRGINIA BEACH RESORT AREA STRATEGIC ACTION PLAN 2030 WHICH WILL SUPERSEDE THE VIRGINIA BEACH RESORT AREA STRATEGIC ACTION PLAN 2008 AND TO AMEND SECTIONS 1.1 (PLANNING AREAS PLANNED LAND USE MAP), 1.2 (URBAN AREAS) STRATEGIC GROWTH AREA LOCATOR MAP, AND TEXT PERTAINING TO THE RESORT STRATEGIC GROWTH AREA. MEETING DATE: June 2, 2020 • Background: In 2008, the City of Virginia Beach adopted the Resort Area Strategic Action Plan. Since 2008, a great deal of development has occurred and the need to adapt to changing lifestyles and preferences persists. Therefore, City and Resort Area leadership agree that it is time to refresh the goals and initiatives, establish updated priorities, and review the existing Resort Area boundaries. The Resort Area Strategic Action Plan (RASAP) 2030 goals are designed to reflect existing conditions with residential and commercial development, and to establish a transparent, inclusive, comprehensive process that defines and prioritizes the goals of the stakeholders and the City. The end result is a plan that has clear, measurable initiatives for implementation. Public comment was received at the March 3, 2020 City Council meeting. A few speakers in opposition to the plan had concerns over the plans focus on developing a park in Rudee Loop. Proponents spoke about the new goals with a focus on outcomes such as the Mobility Plan and the development of a Central Management Entity. • Considerations: Key changes to the Plan include updated and clear goals and actions for the next 10 years with an expanded Resort Area boundary to include the Virginia Aquarium & Marine Science Center. The RASAP 2030 action items are: adopt the best practices of a Central Management Entity, develop a comprehensive Mobility Plan, design and implement Streetscape Improvements, enhance and develop connected Green/Open Spaces, design and construct a Gateway at 21st Street that provides a sense of welcome and arrival, support lmpactful Projects that benefit the Resort Area and City of Virginia Beach, and support Residential and Mixed-Use development in the Resort Area. Based on stakeholders' concerns and input, the updated Plan places a strong focus on the provision of key services such as transportation, parking, safety, enhanced outreach and engagement with homeless persons and panhandlers, beautification, green open spaces, maintenance, connectivity; and, the city-wide issue of Sea level Rise and Coastal Resilience. City of Virginia Beach Comprehensive Plan Amendment — Virginia Beach Resort Area Strategic Action Plan 2030 Page 2 of 2 The Plan is a culmination of a 15-month planning process led by City staff, supported by the Work Program Architects (WPA) consultant team, and guided by the RASAP 2030 Steering Committee. Public outreach consisted of monthly Steering Committee meetings, stakeholder interviews, presentations to civic groups/professional organizations, two public workshops, and two online surveys engaging over 3,000 people. A web page was created, www.VBqov.com/resortsga to aid in disseminating information to the public with regard to meetings and information sharing. Emphasis was given to note that renderings in the Plan are conceptual to solicit public input only and that each action item will have its own public process. Specifically, the Rudee Loop portion of the plan calls for open space in the area but noting that the properties are zoned for mixed-use and that development of the properties owned by the city with should take into consideration park features and amenities highlighted in the plan. • Recommendations: Staff recommends approval. The Planning Commission placed this item on the Consent Agenda at its meeting on February 12, 2020, passing the item by a vote of 9-0. • Attachments: Staff Report Ordinance Minutes of Planning Commission Hearing Resort Advisory Commission, Letter of Support ViBe Creative District, Letter of Support Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Departmen City Manager: lit" 1 AN ORDINANCE TO ADOPT AND INCORPORATE INTO 2 THE VIRGINIA BEACH COMPREHENSIVE PLAN THE 3 VIRGINIA BEACH RESORT AREA STRATEGIC ACTION 4 PLAN 2030 WHICH WILL SUPERSEDE THE VIRGINIA 5 BEACH RESORT AREA STRATEGIC ACTION PLAN AND 6 TO AMEND SECTION 1 .1 (PLANNING AREAS PLANNED 7 LAND USE MAP), AND SECTIONS 1.2 (URBAN AREAS) 8 AND STRATEGIC GROWTH AREA LOCATOR MAP AND 9 TEXT PERTAINING TO THE VIRGINIA BEACH RESORT 10 AREA STRATEGIC ACTION PLAN 2030 11 12 WHEREAS, the public necessity, convenience, general welfare and good zoning 13 practice so require; 14 15 WHEREAS, the Virginia Beach Resort Area Strategic Action Plan 2030 has been 16 developed with extensive input from the community and stakeholders, in order to 17 refresh goals and initiatives, establish priorities and review boundaries of the Resort 18 Area; and 19 20 WHEREAS, the Virginia Beach Resort Area Strategic Action Plan 2030 is in 21 conformity with the proposed revisions to the Comprehensive Plan, attached hereto; 22 and 23 24 WHEREAS, the Virginia Beach Resort Area Strategic Action Plan 2030 is a 25 strategic plan that sets goals for the next the years based on a clear vision; and 26 27 WHEREAS, the Virginia Beach Resort Area Strategic Action Plan 2030 should 28 be adopted and incorporated as part of the Comprehensive Plan 2016. 29 30 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 31 VIRGINIA BEACH, VIRGINIA: 32 33 That the Comprehensive Plan 2016 of the City of Virginia Beach be, and hereby 34 is, amended and reordained by: 35 36 The adoption by City Council of the City of Virginia Beach of the Virginia Beach 37 Resort Area Strategic Action Plan 2030 and the amendments to the Comprehensive 38 Plan and their incorporation into the Comprehensive Plan 2016. Such documents are 39 attached hereto and made a part hereof, having been exhibited to the City Council and 40 placed on file in the Department of Planning and Community Development. 41 42 Adopted by the Council of the City of Virginia Beach, Virginia, on this 43 day of , 2020. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: litk( A ) Planning eparfinent City A orney's Office CA14983 R-1 January 16, 2020 2 Applicant City of Virginia Beach Agenda Item Public Hearing February 12, 2020 Resort Area Strategic Action Plan 2030 6 City of Virginia Beach Request An Ordinance to Adopt and Incorporate into the Virginia Beach Comprehensive Plan the Virginia Beach Resort Area Strategic Action Plan 2030 which will supersede the Virginia Beach Resort Area Strategic Action Plan 2008 and to Amend Sections 1.1 (Planning Areas Planned Land Use Map), 1.2 (Urban Areas) Strategic Growth Area Locator Map, and text pertaining to the Resort Strategic Growth Area. Summary of Request • In 2008, the City of Virginia Beach adopted the "Resort Area Strategic Action Plan." Since 2008, a great deal of development has occurred and the need to adapt to changing lifestyles and preferences persists. Therefore, City and Resort Area leadership have agreed that it is time to refresh goals and initiatives, establish priorities and review the existing resort area boundaries.The Resort Area Strategic Action Plan (RASAP) goals are to reflect existing conditions with residential and commercial development, establish a transparent, inclusive, comprehensive process that defines and prioritizes the goals of the stakeholders and the City to produce a plan that has clear, measurable initiatives for implementation. • The planning process kicked off in late 2018 and consisted of three phases (understanding, exploring/prioritizing and deciding). The process was led by City Staff, supported by the Work Program Architects consultant team, and guided by the RASAP Steering Committee.The first phase reviewed the 2008 Resort Area Strategic Action Plan for a detailed understanding of the challenges, opportunities and goals of the stakeholders.The second phase evaluated and prioritized feedback from phase 1 to establish development/design strategies and project priorities. Lastly, the third phase narrowed the development strategies and prioritized projects to produce an initial draft Resort Area Strategic Action Plan 2030.The public outreach consisted of monthly steering committee meetings, stakeholder interviews, presentations to civic groups and professional organizations,two public workshops with approximately 350 attendees, and two online surveys via publicinput.com with approximately 2,600 participants. • The resulting Plan is a strategic plan that sets goals for the next 10 years based on a clear vision established by the Steering Committee and vetted through the three-part planning process and a series of public workshops and surveys. Public engagement included participation by over 3,000 people, resulting in a clear set of priorities to guide the Resort Area to 2030.The Resort Area Strategic Action Plan 2030 priority action items are: adopt the best practices of a Central Management Entity, develop a comprehensive Mobility Plan, design and implement Streetscape Improvements, enhance and develop connected Green/Open Spaces, design and construct a Gateway at 21'Street that provides a sense of welcome and arrival, support Impactful Projects that benefit the Resort Area and City of Virginia Beach, and support Residential and Mixed-Use development in the Resort Area. • Based on stakeholders' concerns and input, the updated Plan places a strong focus on the provision of key services such as transportation, parking, safety, beautification,green/open spaces, maintenance, connectivity, City of Virginia Beach Comprehensive Plan Amendment—Resort Area Strategic Action Plan 2030 Agenda Item 6 Page 1 and stormwater management. Although implementation of this Plan is largely dependent on private initiatives and market forces, public projects can be phased strategically to incentivize private investment in the area.The Plan divides priority projects into three separate phases: Short-Term projects (6 mo. - 2 yrs.), Mid-Term projects (2 yrs. -5 yrs.) and Long-Term projects(6 yrs. - 10 yrs.). Recommendation Staff recommends approval of this Ordinance for the adoption and incorporation into the Virginia Beach Comprehensive Plan, the "Resort Area Strategic Action Plan 2030," which will supersede the Virginia Beach Resort Area Strategic Action Plan 2008, and to amend sections 1.1 (Planning Areas Planned Land Use Map), 1.2 (Urban Areas) Strategic Growth Area Locator Map, and text pertaining to the Resort Strategic Growth Area. City of Virginia Beach Comprehensive Plan Amendment— Resort Area Strategic Action Plan 2030 Agenda Item 6 Page 2 Ordinance 1 AN ORDINANCE TO ADOPT AND INCORPORATE INTO 2 THE VIRGINIA BEACH COMPREHENSIVE PLAN THE 3 VIRGINIA BEACH RESORT AREA STRATEGIC ACTION 4 PLAN 2030 WHICH WILL SUPERSEDE THE VIRGINIA 5 BEACH RESORT AREA STRATEGIC ACTION PLAN AND 6 TO AMEND SECTION 1.1 (PLANNING AREAS PLANNED 7 LAND USE MAP), AND SECTIONS 1.2 (URBAN AREAS) 8 AND STRATEGIC GROWTH AREA LOCATOR MAP AND 9 TEXT PERTAINING TO THE VIRGINIA BEACH RESORT 10 AREA STRATEGIC ACTION PLAN 2030 11 12 WHEREAS, the public necessity, convenience, general welfare and good zoning 13 practice so require; 14 15 WHEREAS,the Virginia Beach Resort Area Strategic Action Plan 2030 has been 16 developed with extensive input from the community and stakeholders, in order to 17 refresh goals and initiatives, establish priorities and review boundaries of the Resort 18 Area;and 19 20 WHEREAS, the Virginia Beach Resort Area Strategic Action Plan 2030 is in 21 conformity with the proposed revisions to the Comprehensive Plan, attached hereto; 22 and 23 24 WHEREAS, the Virginia Beach Resort Area Strategic Action Plan 2030 is a 25 strategic plan that sets goals for the next the years based on a clear vision; and 26 27 WHEREAS, the Virginia Beach Resort Area Strategic Action Plan 2030 should 28 be adopted and incorporated as part of the Comprehensive Plan 2016. 29 30 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 31 VIRGINIA BEACH,VIRGINIA: 32 33 That the Comprehensive Plan 2016 of the City of Virginia Beach be, and hereby 34 is,amended and reordained by: 35 36 The adoption by City Council of the City of Virginia Beach of the Virginia Beach 37 Resort Area Strategic Action Plan 2030 and the amendments to the Comprehensive 38 Plan and their incorporation into the Comprehensive Plan 2016. Such documents are 39 attached hereto and made a part hereof, having been exhibited to the City Council and 40 placed on file in the Department of Planning and Community Development. City of Virginia Beach Comprehensive Plan Amendment—Resort Area Strategic Action Plan 2030 Agenda Item 6 Page 3 41 42 Adopted by the Council of the City of Virginia Beach, Virginia, on this 43 day of ,2020. APPROVED AS TO CONTENT; APPROVED AS TO LEGAL SUFFICIENCY: LYNDn I Planning Department City Atto y's Office CA14983 R-1 January 16,2020 2 City of Virginia Beach Comprehensive Plan Amendment—Resort Area Strategic Action Plan 2030 Agenda Item 6 Page 4 Revisions to the Comprehensive Plan 2016 Qq of Vbprnaa Brach Comprehensive Plan Its Our Future:A Choice Ctrs November 20,2018 11.1 — Planning Areas Planned Land Use Map City of Virginia Bea, C.»I.- a., MNIMIll 44 s . i a " r iA N. • \ f i Nor . A k ,,,,,.... I 4t i 4 as.....a....... N...4..44...., 44 l a....•.... J!) .. •"Mom cam. ',now •- Wino tri: •r +-- j. _... •p.►Cress.,.. Planned l and Use Map Nmdsj Areas/l-2 City of Virginia Beach Comprehensive Plan Amendment— Resort Area Strategic Action Plan 2030 Agenda Item 6 Page 5 64rofPipiniaBeach Comprehensive Picot-les Our Future:A awoke C ' — Novonber20,2018 City of Virginia Beach yam` o CS 1 7 1 $ f a,I 1 f, Bow.t Bo ,Sure ale 1 , /4.. 7 Wet.. [l=6rr I .... ' ^ r Y l 2 r it 'ar '4 . 1 1 Aloft Oaken m < J r It i If 9rr.7'c_.Mr Itie ili • 1• 9.e.M imam*G.. 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B 4 8 P d cm d 0 �� $ ::::.: , O �3 firY r;4 li t . .s+� Ili ‹, t. t / .4 1s sr a *. PI- t z IF t4 _ti y 4010;, i O it si ..1 illikai . .h-4111.., ,fr .,,,__,'7.-- ' cg 111 lci 14 A L, 6 q . .'•\4 ,. •.it _. --; ye / ..* - * IHr:Anil, — 11,4_1 10111,41i. . t. 5 s cnci1,1iyi t0 r 2., Urban Area.: City of Virginia Beach Comprehensive Plan Amendment—Resort Area Strategic Action Plan 2030 Agenda Item 6 Page 8 City of Virginia Road,Comprehensive Plan- Our l ,A Choice C ty November 20,2018 ---- UPDATING THE PLANS Just as the Comprehensive Plan is 4704 - _ s ., reviewed in five-year cycles as _ required by the Code of Virginia our SGA Plans require periodic f- updates to adjust to changing 111 circumstances,community goals, and market trends. These are living ' k` , 010. documents that adjust as .r redevelopment evolves. All plan ;, , revisions will be the product of the same open,collaborative process used to prepare all of our City's long-range plans. Citi_ens help plan the SGAs SGA PLANNING RECOMMENDATIONS Master plans for each of the City's eight SGAs were prepared through extensive planning,research, analysis,and community engagement and have been adopted by reference as part of this Comprehensive Plan by the following amendment dates: • Resort SGA(December 2,2008 2020) • Burton Station SGA(January 27,2009),(Update November 20,2018) • Pembroke SGA(November 10,2009) • Newtown SGA(July 6,2010) • Rosemont SGA(September 13,2011) • Lynnhaven SGA(April 24,2012) • Hilltop SGA(August 28,2012) • Centerville SGA(March 26,2013) The boundaries of each SGA and the general area-specific recommendations from the SGA Master Plans are presented on the following pages.The detailed SGA Master Plans can be viewed at www.vbgov.com/governmentJdepartments/sga/Pages/default.aspx. City of Virginia Beach Comprehensive Plan Amendment— Resort Area Strategic Action Plan 2030 Agenda Item 6 Page 9 thy•f HhBfwi.B..ad Cowie Pa-It's Our flame:A Choice CSq November 20,2018 RESORT STRATEGIC GROWTH AREA t i ESN 6��H / • •a ! a r , •, w, • . ••'•' , : .t 11 t_ • -�1 • , .*,• '.-` , • J? '-+.•�:' Y� L - , _.tit ,.••ills. v �. _,^ f ;J s✓ ftN. !•�::rtl -. .. . ';�iN�` - yr- .. r - - "yi•Airtf• a �, t... - i a 1 y� II-. ,�- - c s '' qv' - Not City of Virginia Beach Comprehensive Plan Amendment—Resort Area Strategic Action Plan 2030 Agenda Item 6 Page 10 City of Virginia Beach Comprehensive Plan-It's Our Future.A Choice aty November 20,2018 e% '7.4,41' ''.4,:• • . . - Czi.• r '• : ' 'a ---i. ; r ' .. -At. ordkelk at4--- ----- ,-, , • / lb - . A ..*-----Isi r , .'• '. ', 711s. - . ,• , ... . . , . . -• . . -staY-. . , • . . -. --, .,„ ',„-..cts, , ..- ' . ;I ,,,,'_..:A • ' et '.0 ' . — ''' Alibi•rileile.70 , - -4'...- , . , . ../e...-• r'%4 . '. 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'.., .44%t Rai ,0 0 25 0 5 1 -1--- • le / .. 11 :14e.•- - Jr` alif!.. _ miNiiinik Urban Area/1 52 City of Virginia Beach Comprehensive Plan Amendment-Resort Area Strategic Action Plan 2030 Agenda Item 6 Page 11 City of Virginia Beach Comprehensive Plan-It's Our Future:A Choke City November20,2018 DESCRIPTION The Resort area is generally bound by 42nd Street,the Atlantic Ocean,Rudee Inlet,General Booth Boulevard to the Virginia Aquarium&Owls Creek Area,and Birdneck Road.Revitalization efforts have transformed the Resort area into a major activity center,with strengthened neighborhoods,and increased economic growth. The Resort Area SGA has received much capital investment in streetscape and utilities improvements, including Rudee Walk,Pacific Avenue,and a new public parking structure on 25th St.An innovative, flexible Form-Based Code is enabling new private development that provides a variety of housing types and a greater range of year-round retail and entertainment for both residents and visitors alike. An arts community has emerged in the Resort's Central Beach District,called the ViBe Creative District, and,as a result,more opportunities and choices are enabled in creative expression.The Resort Area Strategic Action Plan 2030 was adopted by the City Council on December 2,2008 ,2020 and is available in the online document library at www.vbgov.com/Planning. VISION With a vision supported by the community,the Virginia Beach Resort Area Strategic Action Plan (RASAP)2030 identifies the potential for t#cee four distinct,yet complementary,districts/corridors,at Laskin Gateway,Central Beach,and R••acc Ma'i•'' Marina,and Oceanfront(Atlantic and Pacific Avenues).The plan is a vision for enhancing the area by extending the energy at the beach into thkse areas.This plan develops synergies between the cultural and commercial life,the recreational and natural life,and an overall focus on drawing residents and visitors into the area. 2030 Vision • Provide open space connections to the beach • Concent-rate-high end retail on Laskin Road • Development and tra€€ic patterns should be sensit e4e-neeeds of adjacent ne ghbvorhoods • Improve-pedes f-ian and trail f ilit:. t r t� ds to fuFure.... t el ISSCIT[RC>TVTOTJifeCTITCT� R.7TtTfRTC[Tl-CI'Sil2.��i[ZiTlR nei ..hborhood c s.ters • Extend light rail to Central Beach District • Create a linear park on 19th St • Create mixed use entertainment district including indoor activities in Central Beach District • Prioritize Boardwalk connections • U.,e open space to emphasize views to beach and marina • Create a unique sense of arrival • Provide safe and comfortable places for residents and visitors • Retain the feel of an oceanside resort with a sense of community • Preserve the feeling of Virginia Beach identity.culture and history through art and design • Provide a simultaneous sense of calm and renewed energy for residents and visitors • Address sea level rise and coastal resilience • Rehabilitate and preserve historic structures and properties Urban Area/1-53 City of Virginia Beach Comprehensive Plan Amendment-Resort Area Strategic Action Plan 2030 Agenda Item 6 Page 12 City of Virginia Beach Comprehensive Plan-It's Our Future:A Choice Cif' November 20,2018 • 0 ' er alk.„4 ...., li A.- • } �. rev _ , ''4 PI _ es/j 4.` !•)!, 'T(f.CZN: 7.`",Au .. ,,. , , _ 1 Ys ., ► _ ' . �`t o N y�� C 4 '%1,. fry , r. _ _ . r. 114 j 1 , `� ii{M� .^fir ,_,r... f � ' " .♦ . in 0,4; -+- -- . 1, *� '• lb. : . ems.--l�.r ',.I t{� �/mn*-ram.. -- � '' `� _--e-' - • Wide sidewalks iri front of retail shops on Atlantic Avenue-concept i► N _ g • 1 • t. • 1 ,� v , I f _.____......._._._......._.s...s v �: 'S,. Future 177^Street Corridor-concept City of Virginia Beach Comprehensive Plan Amendment—Resort Area Strategic Action Plan 2030 Agenda Item 6 Page 13 City o/V6yiiia Reach Comprehensive Plan-It's Chu.Pierre:A Choice City November20,2018 - — PLAN RECOMMENDATIONS The following summarizes the general recommendations for the Resort SGA which calls for three distinct areas The Resort Area Strategic Action Plan 2030 boundary includes multiple sub-districts. Each of these districts has its own distinct character which,through additional placemaking efforts, will be the key to a diverse resort area that has something for everyone to enjoy year-round. 1. 19th Street/Central Beach District A pedestrian scale,mixed use entertainment district that connects the convention center with the heart of the beach.The former Dome Site provide:, 0 investments in the area T e introd action of 1 ight Dail Transit 0..o.,,Norfolk through Town St,. et w ich. akes this district a e location for„ultifamily housing transit.. ntate d r � development,retail,restaurants,and similar uses.encompasses the 21s:Street Gateway,the ViBe Creative District,the Virginia Museum of Contemporary Art(MOCA)and 19th Street, which is planned to be a key multimodal corridor. 2. Marina/SOHth Beach Builds on the area's history and reorganizes the area into a M.- t d. or ri ng water fre fit fo..n al activities anted r Kati on anal n ates an eppept:o.a.ity-fiap-Fesitients--a+4-yisiter-s-te-e4seiwe-beati-ag-aftiy4ty-f+em-aii-e4e+leled4aear-flwaik blie park .ill retain the. waterfront edge fo. public a ..d .. ate ,ell, at the ..there end of the heanh£..ert.showcases the working waterfront.There is great opportunity for mixed-use redevelopment that includes hotels,retail,restaurants, business and residential uses that are compatible with the adjacent Seatack and Shadowlawn neighborhoods. All development should be connected with a public walk that offers recreational connections to Rudee Inlet and is integrated with future flood gates and barriers. 3. Laskin Gateway Oceanfront Resort Area's established location for high end retail.The plan envisions a corridor with .d' t tr, rtation. rd retail strategy that gets people wait of the nd €oot in a village like sett g.Development s�se 'd t' 1 o rt cities with active street level retail that front. .;de ed siflewallis-te-affemilletsWelleflestfian4Faffie-afitsl-eut-eleef-dining,is a key connection point for North End businesses and neighborhoods and the Hilltop commercial area to the west. Linkhorn Bay is a beautiful tidal backdrop to this gateway. 4. Oceanfront Corridor includes Atlantic and Pacific Avenues. This is the main north-south connector in the Resort Area and is the area where the majority of visitors stay and gather. This corridor welcomes millions of people to Virginia Beach and must be a beautiful and inviting place for pedestrians to shop and dine,as well as carry a significant amount of traffic.A mobility plan and streetscape improvements are needed to accomplish these goals. City of Virginia Beach Comprehensive Plan Amendment—Resort Area Strategic Action Plan 2030 Agenda Item 6 Page 14 • ()Jy of Virginia Bead%Comprehensive Plan-!t s Our Fug A(home/Sty November20,2018 impr-eve-the-nov-igability-and-vibrahoy-ef-the-C-OFFidefS7 PLAN IMPLEMENTATION STRATEGIES • Create great districts with distinctive identities • 1„ a transit and pedestrian ctions between destinations • Create a transition from the resort area to the neighborhoods • Enhance visual access to the Oceanfront • Grow residential development • Concentrate retail development • Cl.. t .f� th C ,,.. ..t ., C t ,,, 7 . • Continue to focus on achieving a"Year Round Resort" • Promote shared parking strategies • Recognize that all elements of the Resort Area are connected and should be connected • Provide the highest quality spaces and experiences for locals and visitor to achieve a"Year- Round Resort" • Create great districts with distinctive character through placemaking • Comprehensively address mobility • Promote environmental stewardship • Develop passive green/open spaces that connect inland neighborhoods to the oceanfront • Improve existing connector parks by adding new amenities such as event and performance spaces,bathrooms and day-use showers • Establish a committee to oversee the design of proposed gateways • Preserve historic properties and the history of the Resort area through adaptive reuse projects • New residential should be located west of Atlantic Avenue Recommended Action Plan • Develop the site of the former Dome site as a major entertainment venue. • Develop the Convention Center Hotel. • Conduct an Environmental Impact Study for Light Rail Transit extension from Norfolk to the e • Develop strectscape improvements for 19th Street and Central Beach area by;determining Oceanfront. • Advance district shared parking strategy to induce desired form base resort developments. • Conduct a study for inter connectivity of pedestrian,bicycle,transit,and water transportation. • Target office and mixed use near Convention Center, Birdneck Road and 17th Street. • Establish a traffic and parking management plan. • Explore an Oceanfront Housing Fund for workforce(war round)housing. • n,,..,lop. ,rket:ng strafe...with Virginia A,,....,.ium f ater taxi w City of Virginia Beach Comprehensive Plan Amendment— Resort Area Strategic Action Plan 2030 Agenda Item 6 Page 15 City of Virginia Beach Comprehensive Plan-It's Our Future A Choice Crtti Novesmber20,2018 • Set aside key property for open space. • Implement the Rudee Loop Plan. the Central Beach District. • Adopt the best practices of a Central Management Entity • Develop a comprehensive Mobility Plan • Design and implement Streetscape Improvements • Enhance and develop connected Green/Open Spaces • Design and construct a Gateway at 21sC Street that provides a sense of welcome&arrival • Support Impact Projects that benefit the Resort Area and City of Virginia Beach • Support Residential and Mixed-use Development in the Resort Area P"g am � � t�r .i .Y. .• `,, ,fry , , '.,.: ' 'ith. .' -'.. ..1. 0' . '''.,-;- Vii 1 a ''': lit ' - i ' ' ,: ..... r-_r: ..-1,41. r--„,mw_ , . ,,, :.1 *!_ 19:11 Street Concept-Central Beach District Urban Area.1 57 City of Virginia Beach Comprehensive Plan Amendment—Resort Area Strategic Action Plan 2030 Agenda Item 6 Page 16 6$'o/Virginia Head.Comp a pensive Plea-It's Our Aglow A Choice Oty Noanlaber20,2018 ..,,fit a r IN snv '' '` 01A, Ilit` - %" nib _ i Virginia Aquarium-Conceptual Expansion Rendering Programmed and Funded Capital Improvement Projects(CIPs) 0 007000 Reso..t Dahlia.Transit Dele atio. This. ,act i..for identification of sites a.,d shelters located.a about., a half acre„f lanEL d • 2 093000 Buses fer Virginia Beach Transit Extension This project funds 12 transit buses to .,rt a,h ed p blic tr ortatio,th. gho .t the City additio,t o iThe Tida •--9-08-1-040—S4pategif-GFOVAli-Afea-Pfefeets,-This--ppofeet-will-pr-eN.ifte-planfting-an4-elesign • 9 009000 25th Street Public Parking Garage.This project provides funding to purchase the land and parking garage at 25th Street. • 9 015000 Arena Infrastructure Site Improvements.On Site This project provides ii-lfr-ast-ftiettwe-suppei4-fet-l+e-Afen.a-ffej-eet-in•elufling-st.Feetseape-in+pfevement-s-that-afe closer to the Arena. • 9 017000 Arena Infrastructure Development.This project provides infrastructure support fo.the A. ct: clud; str etc ate th at a off ite of th Ar • 9 069000 19th Street Corridor Improvements.This project provides ongoing funding to • 9 082000 Oceanfront Parking Facilities Capital Maintenance and Development.This project , .,t.. d....i..., .1-.,..,inn O6000 Oceanf:-ont Capital Projects Reinvestment This p eet provides. g funding • 9 108000 29th Street Improvements.This project provides funding for improvements to 29thtFeet it the Resort Area a ntinuat-0on of the t askin Road Cat.....a.,Project The City of Virginia Beach Comprehensive Plan Amendment-Resort Area Strategic Action Plan 2030 Agenda Item 6 Page 17 City ojThpinia Beads Comprehensive Man-(Cs Our Future A(Sane City November2a 2018 improvements including wide sidewalks,street trees,new street with improved drainage,and • 2 015000 Pacific Avenue Improvements Phase 1.This project provides for the improvements to Pacific Avcnuc between 17th Street and 22nd Street within the existing right of way,to :,..d. de undergrounding e f the existing eve,-head utilities..nd public- tility upgrades 1 .b. ....-.. .b ....,�....... .b....�...,a eau uaa„a addition,new LED street lighting. • 2 165000 Laskin Road Phase II.This project is for construction of a six lane divided highway with a bikeway from the eastern terminus of Laskin Road Phase I (Oriole Drive)to the 30th/31st Street split. A transportation corridor analysis is included,along with b fep lacenients of vital infa._astructure for the Vi„ Beach C ti G t • 3 6 e 0000 CIT i Polce Oceanfront C,.meeas The Virginia Beach Police depai-taaaent: ek' t replace and expand the security camera system at the oceanfront and increase the number of • 1 520000 Grommet Island Park Repairs and Renovations I.This project will fund the required repairs and renovations to the infrastructure of the Grommet Island Park,a 15,000 approximately 3,000 linear feet of 12 inch diameter water main associated with Pacific Avenue Improvements between 1 5th Street and 23..d Street • 2-138000-Atlantic Avenue Reconfiguration.This project will reconfigure Atlantic Avenue from 40th Street to Pacific Avenue,removing the Atlantic Avenue/Pacific Avenue intersection and providing a cul-de-sac of Atlantic Avenue at the Cavalier Hotel property.The project includes new left turn lanes and two new traffic signals. • 2-154000-General Booth Boulevard/Camp Pendleton Intersection Improvements. • 2-156000-Laskin Road Phase 1-B (VDOT).This project is for construction of an eight-lane divided highway,including bike path and sidewalk,from Republic to Winwood Drive,and a six- lane divided highway from Winwood Drive to South Oriole Road. • 2-165000-Laskin Road-Phase II.This project is for construction of a six-lane divided highway with a bikeway from the eastern terminus of Laskin Road Phase I (Oriole Drive)to the 30th/31st Street split. A transportation corridor analysis is included,along with undergrounding of utilities. • 3-028000-Aquarium Marsh Pavilion Enhancements.This project will enhance the Aquarium Marsh Pavilion and include the creation of exhibit play areas for children,renovation of the existing exhibit areas,modifications to the trail to include the outdoor theater,a more welcoming entrance,landscape enhancements,visitor amenities such as a small cafe,and refurbishment of the Pavilion's gift store,support areas and theater. • 3-074000-Aquarium Marsh Pavilion Phase 11(Veterinary Care Center).This project will support the existing Virginia Aquarium by adding an entirely new building,a Vet Clinic,to the side of the existing Marsh Pavilion. • 3-161000-Aquarium Seal Exhibit.This project funds the studies related to architectural and engineering needs of the Virginia Aquarium's seal exhibit and improvements to the front entrance. • 3-162000-Veterans Memorial Sustainment.This project will provide funding necessary to address identified and discussed maintenance issues and deficiencies. • 3-171000-Virginia Aquarium Enhancement Study.This project funds the study related to the architectural and engineering needs of the Virginia Aquarium[max theater. Urban Area/l-59 City of Virginia Beach Comprehensive Plan Amendment—Resort Area Strategic Action Plan 2030 Agenda Item 6 Page 18 • City of Virginia Beach Comprehensive Plan-It's Our Future:A Choice City November 20,2018 • 3-518000-Convention Center Capital Maintenance.This project provides funding for capital replacements of vital infrastructure for the Virginia Beach Convention Center. • 3-519000-Chesapeake Bay Aquarium Renovation.This project is to refurbish,repair,and/or replace the aquarium systems that make up the Chesapeake Bay aquarium. • 3-610000-Police Oceanfront Cameras.The Virginia Beach Police department is seeking to replace and expand the security camera system at the oceanfront and increase the number of cameras and video management capabilities provided. • 4-041000-Owl Creek Municipal Tennis Center Repairs and Renovations.This project funds capital equipment replacements for the Owl Creek Tennis Center and infrastructure repairs and replacements as required. • 5-101000-ViBe District Water improvements.This project provides funding for the replacement of aging water lines within the ViBe District on 17th, 18th,and 19th Streets between Cypress Avenue and Pacific Avenue. • 5-207000 -Laskin Road Water Improvements Phase I-This project provides funding to improve the existing water distribution facilities on Laskin Road from Republic Road to Oriole Drive,and along portions of First Colonial Road. • 5-708000-Resort Area Neighborhood Revitalization.This project provides funding for design and construction of water mains within the oceanfront resort area neighborhoods of Old Beach,Lakewood,and Shadowlawn. • 6-019000-Resort Area Neighborhood Revitalization.This project Provides funding for design and construction of gravity sanitary sewer within the oceanfront resort area neighborhoods of Old Beach,Lakewood,and Shadowlawn. • 6-075000-Laskin Road Sewer improvements Phase I(VDOT).This project provides funding to improve exiting sewer facilities on Laskin Rd.,from Republic Road to Oriole Drive,and along portions of First Colonial Road. • 6-101000-ViBe District Sewer Improvements.This project provides funding for the replacement of aging sewer lines within the ViBe District on 17th, 18th,and 19t Streets between Cypress Avenue and Pacific Avenue. • 7-005000-North Lake Holly Watershed.This project will provide for the study,design,and construction of an adequate drainage system to serve the Beach Borough neighborhoods which generally lie within the area bounded by Virginia Beach Boulevard,Parks Avenue,Norfolk Avenue,and Pacific Avenue. • 7-016000-South Lake Holly Watershed.This project will provide for the study,design,and construction of an adequate drainage system to serve the Beach borough neighborhoods, which generally lie within the area bounded by Norfolk Avenue, Rudee Avenue,Pacific Avenue, and Rudee Inlet. • 7-041000 -Central Resort District Drainage Improvements.This project will provide for the study,design,and construction of storm drain improvements to address drainage inadequacies in the Northwest Dome Subwatershed,the Southeast Dome Subwatershed,the Virginia Beach Convention Center Subwatershed,and the 2nd Precinct Subwatershed.The project area is approximately 304 acres and extends from approximately Atlantic Avenue along the east,the convention center to the west,23rd Street to the north,and 17th Street to the south • 7-054000- Lynnhaven River Watershed II.This project is for the implementation of water quality improvement projects and programs within the Lynnhaven River Watershed. • 7-059000- Lynnhaven River Basin Ecosystem Restoration Project.This project is intended to restore approximately 38 acres of wetlands,94 acres of submerged aquatic vegetation,and 31 acres of reef habitat within the Lynnhaven River. • 7-064000- Central Resort District-24th Street Culvert.This project is for property acquisition and construction of stormwater and roadway improvements at three existing culverts. • 7-072000 - Lynnhaven River Watershed Stormwater Projects.This project will identify and prioritize smaller stormwater management projects in the Lynnhaven River Watershed. 1 E City of Virginia Beach Comprehensive Plan Amendment-Resort Area Strategic Action Plan 2030 Agenda Item 6 Page 19 City of Yuginia Beach Comprehensive Plan-It's Our Future:A Choice City November20,2018 from new sidewalks,LED lighting,bicycle facilities,street trees,crosswalks,accessibility upgrades and associated storm water,utility,and traffic improvements.The existing overhead power and data/communication lines will be buried in a duct bank. • 9-039000- 17th Street Improvements II.This project provides funding to improve 17th Street from Cypress avenue to Birdneck Road and provides a rehabilitated streetscape through the undergrounding of overhead utilities,traffic safety improvements,better bicycle and pedestrian accommodations,utility and stormwater upgrades,and aesthetic improvements such as street trees and pedestrian lights. • 9-045000-Central Beach and Convention Districts Parking.This project provides funding for public parking spaces in the Convention Center District and the Central Beach District between 14th and 23rd Streets and Atlantic Ave.and Birdneck Road. • 9-050000-Dome Site Streetscapes,This project will fund streetscape improvements to support the development of the former Dome site into a mixed-use,high density development including space for residence,offices,retail,restaurants,a surf park,an entertainment venue, and parking. • 9-053000-Dome Site Entertainment Venue.This project will fund the construction of an entertainment venue as part of the redevelopment of the former Dome Site. • 9-056000 -Oceanfront Parking Facilities Capital Maintenance/Development II.This Project provides funding necessary for the acquisition,development,equipment,capital maintenance, repairs,rehabilitation,improvements,design,planning,and engineering services for the Oceanfront Resort and Sandridge parking garages and parking lots. • 9-063000- 17th St.Improvements II.This provides funding to improve 17th Street from Cypress Avenue to Birdneck Road and provides a rehabilitated streetscape through the undergrounding of overhead utilities,traffic safety improvements,better bicycle and pedestrian accommodations,utility and stormwater upgrades,and aesthetic improvements. • 9-065000-Dome Site Parking.This project provides funding for public parking spaces at the former Dome Site. • 9-069000 - 19th Street Corridor improvements.This project provides ongoing funding to reinvest in various high impact capital projects at the oceanfront. • 9-100000- 19th Street Infrastructure Improvements.This project provides for streetscape improvements including wider sidewalks,street trees,and under grounding of overhead utilities;a new street section; and associated storm water and traffic improvements. Complementary to,but separate from the RASAP,the ViBe Creative District is an area created to attract ..t Misled by rat..!`....ncil o '1pril 71 201 C The td„a., o . Available rat..incentives clude; Dein bursement of Business Professional and Occupational I icense(RPO )Taxes Alternative Compliance Fees } r__-_ore inf,.rmatio nta t the Of ce of C ltural Aff.irs,.t 757 385 0226 o ^at. Up ! Are,,. '.. City of Virginia Beach Comprehensive Plan Amendment— Resort Area Strategic Action Plan 2030 Agenda Item 6 Page 20 • City of Parma beach Comprehensive Plan-lt's Oar Future:A Choice Qty November20,201844.7.N, ,-Iv r Resort SGA Master PIan-Conceptual Plan a 1.' is:.'::1•w:l . F_ City of Virginia Beach Comprehensive Plan Amendment—Resort Area Strategic Action Plan 2030 Agenda Item 6 Page 21 Item#6 City of Virginia Beach An Ordinance to Adopt and Incorporate into the Virginia Beach Comprehensive Plan the Virginia Beach Resort Area Strategic Action Plan 2030 which will supersede the Virginia Beach Resort Area Strategic Action Plan 2008 and to Amend Sections 1.1 (Planning Areas Planned Land Use Map), 1.2 (Urban Areas) Strategic Growth Area Locator Map, and text pertaining to the Resort Strategic Growth Area. February 12,2020 RECOMMENDED FOR APPROVAL - CONSENT Mr. Weiner: Great, thank you. Next is item number six, the City of Virginia Beach. An ordinance and incorporate into the Virginia Beach comprehensive plan, the Virginia Beach area Strategic Action Plan 2030, which is supersedes the Virginia Beach Resort Area, Strategic Action Plan of 2008 and to amend sections 1.1 and Mrs. Warren is going to come up and read this into the record for us and tell us about this. Ms. Warren: Good afternoon Madam Chair, commissioners. Thank you for having me here today. My name is Kathy Warren. I am the SGA manager for the Department of Planning and Community Development. Today, as you have already read the ordinance,we are requesting an ordinance to adopt and incorporate into the Virginia Beach Comprehensive Plan the Virginia Beach Resort Area Strategic Action Plan 2030, which supersedes the Virginia Beach Resort Area Strategic Action Plan of 2008 and to amend sections 1.1 planning areas planned land use map 1.2 urban areas strategic growth area locator map and text pertaining to the resort strategic growth area. I'd like to briefly review the proposed priority items that the RASAP Steering Committee has established as part of this process. They are: to adopt the best practices of a central management entity, develop a comprehensive mobility plan, design and implement streetscape improvements, enhance and develop connected green and open spaces, design and construct a gateway at 21st street that provides a sense of welcome and arrival, support impactful projects that benefit the resort area as well as the City of Virginia Beach, and support residential and mixed use development within the resort area. Just a few additional comments about the process, this was a 15-month process with a Steering Committee that was in place that represented all facets of the resort area. Our public engagement included two workshops and two public input.com surveys; we were able to reach over 3,000 people with that public engagement process. And finally, one important point to make note of,we showed conceptual renderings in the plan, one of Rudy Loop,one of the Atlantic Avenue of what it could look like, and then one of the Gateway 21st Street and we just want to reiterate that these are conceptual renderings that we 1 showed in order to generate input from the public to see what they liked and did not like, and there will be a public process for each going forward. Thank you. Mr. Weiner: Thank you. Okay,is there any opposition this being placed on the consent agenda? Thank you, Madam Chair there are many items on the consent agenda are for short term rental. The planning commission places the following applications for conditional use permit for short term rental on the consent agendas. These applications meet the applicable requirements for section 241.2 of the zoning ordinance. Staff supports the applications therefore there's no opposition to the request and these are items number 7, 8, 9, 10, 11, 12, 13, 14, 16, 17, 18, 19, 20, 21, 22, 23, 24 and 25. That being said, I move for approval on the consent. I am sorry 25 is deferral, thank you. Okay. That being said, I move for approval on a consent agenda items, One, five and six, seven, eight, nine, 10, 11, 12, 13, 14, 16, 17, 18, 19, 20, 21, 22, 23, 24 and 26. Ms. Oliver: Yes. Mr. Inman: I need a make a disclosure that at least one item on the consent agenda shows financing by Town Bank. I serve on the advisory board for Virginia Beach Town Bank, in that capacity I don't make any decisions on loans or merely an advisory position. So, I will be voting on these matters. Ms. Wilson: Those items are 10, 11, 12 and 18. Ms. Oliver: Yes. Mr. Graham: Madam Chair, I too need to disclose that I am on a board of Town Bank of the same items and I will be voting today. Ms. Oliver: Great, yes. Mr. Weiner: Madam Chair. I need to abstain the item number five Spence Crossing at the corner of Princess Anne Road Independence Boulevard, the developer is my client. Ms. Oliver: Anyone else? Okay. Make a motion. Mr. Weiner: I made a motion already. Ms. Oliver: Do I have a second? Mr. Graham: I second. Ms. Oliver: Okay. Thank you. Ms. Sandloop:The vote is open. By the recorded vote of 9-0, agenda items one, five, six, seven, eight, nine, 10, 11, 12, 13, 14, 16, 17, 18, 19, 20, 21, 22, 23, 24 and 26 have been 2 approved by consent with Commissioner Wiener abstaining from Agenda Item number five. Ms. Oliver: Great. Thank you very much. And I would like to thank all the applicants for coming down today who had a matter of them on the consent agenda and attending the hearing. All these items will be scheduled for hearing with the City Council to be announced. And so,if you'd like to take this opportunity to leave before we start our hearings, you are welcome to do so. Thank you again for coming down. The next order of business will address the remaining matters on our agenda. And I would ask the city clerk to call the first item. AYE 9 NAY 0 ABS 0 ABSENT 0 ALCARAZ AYE BARNES AYE GRAHAM AYE HORSLEY AYE INMAN AYE OLIVER AYE REDMOND AYE WALL AYE WEINER AYE 3 alkB Resort Advisory Commission 2101 Parks Avenue, Suite 302 Virginia Beach, VA 23451 (757) 385-4800 Virginia Beach FAX (757) 422-3666 February 7, 2020 The Honorable Robert M. Dyer, Mayor Members of City Council Municipal Center— Building 1 2401 Courthouse Drive Virginia Beach, VA 23456 Subject: Letter of Support for 2020 RASAP Plan Dear Mayor Dyer and Members of City Council: The Resort Advisory Commission (RAC) is excited to provide this letter of support for the 2030 Resort Area Strategic Action Plan (RASAP). The RASAP committee has undertaken this vital plan with a focus on inclusiveness of all areas of the resort; stakeholders, business associations, neighborhood civic leagues, MOCA, Virginia Aquarium, the VIBE district, well attended public meetings and a public survey with over 3000 responses. The process was completed in an open and transparent manner with all materials available online to the public throughout the process. This commission applauds the RASAP committee's diligence in achieving a thoughtful well-rounded strategic plan emphasizing the connectivity of our resort. We would request your support and approval for the RASAP document to be used as a blueprint/guideline for all city staff in their efforts to improve our resort area. There are two specific items that will serve as the baseline for the success of the overall plan, and we would ask that you allow city staff to move ahead immediately with planning and any necessary funding. Those are the Mobility Study and the Central Management entity. Both will provide a framework for how we should operate and what changes we need to make throughout the resort. Thank you for your consideration and the RAC looks forward to assisting in the success of this plan. Sincerely, v Elizabeth "BJ" Baumann RAC Chair Enclosure cc: Ronald H. Williams, Jr., Deputy City Manager, Virginia Beach, VA Ronald H. Kuhlman, Interim Director CVB Kathleen Warren, SGA Manager/RAC RMO Liaison 0 1- 111, D10 0 CREATIVE ViBe District Virginia Beach February 17, 2020 Board Members Andrew Fine, co-founder Virginia Beach City Council Laura Habr, co-founder City Hall— Council Chambers Derrick Borte 241 Courthouse Drive, Building 1 Robin Brickell Virginia Beach, VA 23456 Jerry Davis Don Frederick Dear City Council members, Bill Gambrel) Jeremy Maloney Please accept this letter of support on behalf of the ViBe District Merrick McCabe Virginia Beach nonprofit board and Friends of the Creative District Martha McClees business membership board to advocate for the approval of the Jeff McWaters Resort Area Strategic Plan 2030. For over a year, ViBe's co- Dee Oliver founder Laura Wood Habr, Executive Director Kate Pittman and Nadine Paniccia Walker Philips Board member Bill Gambrell have participated in the comprehensive Aaron Phipps review of the 2008 plan, public input process and extensive planning Charles Powell for the new 2030 plan. Dr. Amelia Ross-Hammond Lawrence Steingold Our nonprofit board supports the following immediate actions in Jody Wagner support of the Resort Area Strategic Plan 2030: Cole Werkheiser Anne Wright • Reallocate funding in the current FY20 budget which is currently Greg Zittrain available to start the Mobility Planning study immediately following LG Shaw, FCD Lisa DeNoia, FCD City Council adoption of plan in March 2020. Kevin Jamison, FCD • Allocate $500,000.00 in the FY21 Budget from the TIP Fund for Kate Pittman, Executive Director use in the Mobility Plan's creation. Since the founding of the ViBe Creative District in 2015, the nonprofit Friends of the Creative District has partnered with over 80 local businesses located in and Executive Board Members supporting Virginia Beach's first arts district. One of the very first President issues addressed by City Council was the ViBe Connectivity Plan Lisa DeNoia, 1701 that would provide necessary infrastructure updates that are critical to a functional, successful neighborhood. To thrive, the ViBe Immediate Past President Creative District and greater Oceanfront Resort must be safe places Kevin Jamison, Commune to walk, bike, drive and park—for residents and visitors alike. Vice President A Mobility Study and Plan are critical to a successful LG Shaw, Wave Riding Vehicles implementation of the Resort Area Strategic Plan 2030. Treasurer Betsy Hardy, Hardy's -The Art of Thank you for your support, Jewelry Kate Pittman Secretary Executive Director Kate Pittman, Executive Director ViBe Creative District PO Box 3601,Virginia Beach,VA 23454 I 757-202-9533 I www.ViBeCreativeDistrict.org „N cyL.p S �4= E sS VIRGINIA BEACH RESORT AREA STRATEGIC ACTION PLAN 2030 MARCH 2O20 c m • r r ,.,.. •�R...... 1i. i m. our , ::' '',4' : , aw„,-,, . ,, ,,: _ .i..i 4 ' ' „_ _ - i'.'''''*' ' ' ' - '''''' ' *''' ' '' ,P,114161.-.-— Allr' V.";',:".,.Vj,'"',4'.;'4',.',..' ; ' • q y N r x I ^y � ,,.�A4r; a ,`'� ak, ”" dp d m., ';�`M ,,, T1 '`, ra *. .av w.u+gi,y �&,y >�—y(y btr ti id �, .,k *, ' , ;q . , t N , ti , a4 . am s I ,�. � • � 6 '"4<'r n, •:. y�ilMaSr* li ACKNOWLEDGMENTS PREPARED FOR: STEERING COMMITTEE: City of Virginia Beach Guy King Tower, Virginia Beach City Council Mina "Gary" Ryan, Virginia Museum of Rosemary Wilson, Virginia Beach City Council Contemporary Art PREPARED BY: Mike Standing, Jr., Virginia Beach Development Mike Inman,Virginia Beach Planning Commission The Strategic Growth Areas Office, Planning & Authority Community Development Department Elizabeth "BJ" Baumann, Resort Advisory Commission Randy Thompson, Virginia Restaurant, Lodging & &Travel Association Star Boyles, Shadowlawn Civic League THE CONSULTANT TEAM Gerrie West, Resort Advisory Commission Linwood Branch, Virginia Beach Hotel Association Kristina Chastain, 17th Street Gateway Association CITY STAFF: Viigat YARD Sal DaBiero, Virginia Aquarium & Marine Science Ronald H. Williams,Jr., Deputy City Manager �rPMP,, Center Foundation Robert "Bobby"J. Tajan, AICP, CFM Planning WORK PROGRAM ARCHITECTS Bill Gambrell, Virginia Beach Restaurant Director E illAssociation, Historic Preservation Commission s Laura Wood Habr, Virginia Green Alliance, Green Kathy Warren, SGA Manager Ribbon Committee Deborah Zywna, SGA Planner III George Kotarides, Atlantic Avenue Association Emily Archer, SGA Planner III / Urban Designer Preston Midgett, Virginia Beach Vision Ashby Moss, SGA Planning Evaluation Coordinator Elizabeth "GG" Mills, Seatack Civic League Karen Creech, SGA Planner III Nancy Parker, Resort Beach Civic League Jenizza Badua, SGA Planner I / Urban Designer Kate Pittman, ViBe Creative District Resort Area Strategic Action Plan 2030 2 CONTENTS .1r...InXIRGUTIY.E.SUMMARY 4 4.4 Sense Of Arrival 1.0 The RASAP Steering Committee 4 &Welcome 43 1.1 Executive Summary Of The Consultants 5 4.5 public & private Development opportunities 46 4.6 Residential & Mixed-Use Development 50 2....R.EVIEWING THE 2008 RA$AP PLAN 7 2.0 Resort Area Development—2008 7 5. IMPLEMENTATION 52 5.0 Project Matrix 53 3.THE RASAP..2..Q30..PLANNING PROCESS 10 3.0 RASAP Steering Committee Vision and Goals 10 6.ARp..ndlx 54 3.1 Districts & Connecting Corridors 11 6.0 Glossary 54 3.2 Planning Process Phases 13 6.1 List of Figures 55 3.3 Public Input & Engagement 14 4. Priorities 15 4.0 Central Management Entities &the TIP Fund 16. 4.1 Mobility Planning 20 4.2 Streetscape Design 2$ 4.3 Connected Green Open Spaces 39 Resort Area Strategic Action Plan 2030 3 1. EXECUTIVE SUMMARY 1.0 THE RASAP STEERING process/environment transparent p that was indicative of the resort j COMMITTEE demographic— businesses, '. w . residents and visitors. Further The 2008 Resort Area Strategic . outreach was completed with two r ,Fr Action Plan was created with the well attended public workshops i .'- intent to provide a document to which resulted in approximately 350 �. - .� _ guide future growth and high quality r attendees and 1,487 participants -1� ;4 development within the Virginia .4 : , — %p g responding to the public surveys. r '�►, d_'' Beach Resort area. Challenges i +,; and opportunities were identified, One of the first accomplishments `; studied, documented and vetted by from this committee was to s ,; ��+ h the RASAP Steering Committee, city recognize that all elements of the T} staff members and stakeholders and resort were connected and that it resulted in a successful guide for the was important to review all issues '- ,, resort in the subsequent years. with connectivity and balance in , , ;;� mind. Using that premise as a The 2030 RASAP Steering Committee guideline, the resulting document FIG. 1.1.0 RASAP STEERING COMMITTEE was purposefully designed to became a comprehensive and provide input from all areas of collaborative visionary plan that the the resort including stakeholders, residents, improving business opportunities and creating a vibrant entire community supports. community that all citizens of Virginia Beach can be proud of. resort professional organizations, museums, neighborhoods, the The RASAP Steering Committee has Resort Advisory Commission, a worked tirelessly with a talented city Virginia Beach Planning Commission staff, additional stakeholders and member and City staff. The intent professional consultants towards the was to create an inclusive and goal of enhancing the lifestyles of Resort Area Strategic Action Plan 2030 4 1.1 EXECUTIVE SUMMARY OF THE to vacation in a place where the locals love resulting in a clear set of priorities to guide the their everyday experience? Resort Area to 2030: CONSULTANTS The 2019 RASAP Plan is a strategic plan that •Adopt the best practices of a Central The Virginia Beach Resort Area has seen sets goals for the year 2030. The RASAP Management Entity with increased funding tremendous progress and success since Steering Committee began with a clear vision: for beautification, placemaking,wayfinding, the first Resort Area Strategic Action Plan 1. Create a unique sense of arrival. events and programming, incentives programs, (RASAP) was written in 2008. This success can enhanced infrastructure and green infrastructure be credited to dedicated citizens, property 2. Provide safe and comfortable places for to alleviate coastal flooding problems. owners, business owners, stakeholders, and city residents and visitors. • Complete a Mobility Plan for the Resort staff who have spearheaded and supported 3. Retain the feel of an oceanside resort with a Area to form a strategy for traffic calming, the growth and transformation of the area. sense of community. pedestrian circulation, bike circulation, shared However, not all goals were realized, and the mobilitydevices, curbside management, need for the resort area to transform and adapt 4. Preserve the feeling of Virginia Beach g p identity, culture and history through art and vehicular circulation, public transit, and parking. to changing lifestyles and preferences persists. design. • Complete detailed Streetscape Designs for In 2008, the Resort Area was focused on high-prioritystreets such as Atlantic Avenue, attractingand retainingseasonal visitors, 5. Provide a simultaneous sense of calm and renewed energy for residents and visitors. Pacific Avenue, 17th Street, and the Central primarily through striving to become a world- Beach district. This design will be used to class oceanfront resort. Over a decade later, 6. Address sea level rise and coastal resilience. reinforce a unique sense of place filled with the goals have shifted slightly as the tourism Public art, great lighting, industryhas changed. Cities that focus on 7. Rehabilitate and preserve historic structures P resilient landscaping, g and properties. and outdoor amenity spaces that are easy providing the highest quality spaces and to access and navigate with all modes of experiences for locals are seeing the highest The Consultant team tested these ideas transportation. return on investment with increasing property through a three-part planning process and a values, talent attraction and retention, and series of public workshops and surveys. Total visitors who return annually. Who doesn't want public engagement counted over 3,000 people, Resort Area Strategic Action Plan 2030 5 • Provide Connected Green and Open Spaces necessity to achieve the goal of a year-round that connect west into the neighborhoods. resort and will enable the Resort Area to It will also provide spaces for residents become a walkable community, aiding in the and visitors to enjoy the outdoors in both alleviation of congestion and parking issues. programmed park spaces and natural, passive The coordination and implementation of green spaces that slow, store and filter storm the priorities will take time, but it is critically water. It will also provide a connected, urban important to begin with big-picture items wildlife habitat. such as the Mobility Plan that affects all other • Create a Sense of Arrival and Welcome by goals for the RASAP 2030 plan. Other priorities designing and constructing a large public art should take advantage of market timing gateway. There will be a primary gateway at and when new projects are presented to the 21st Street with secondary gateways into the Resort Advisory Commission (RAC), the RASAP Resort Area. Steering Committee, Planning Commission, • Support Impactful Projects that benefit City Council, and City Staff.The question the Resort Area and the City of Virginia should be asked, "Does it support one of the Beach. The focus will be to adaptively reuse seven priorities of the RASAP 2030 plan?" If and rehabilitate historic properties whenever these steps are followed, and the hard work of possible, as well as respect those buildings the RASAP Steering Committee and the citizens with new, contemporary compatible urban of Virginia Beach are respected, the end result infill projects. This type of development is both will hopefully be a thriving, resilient, coastal sustainable and authentic and will preserve the resort community that is a great place to visit, sense of place that so many residents love. and a place we'd all love to live in 2030! • Support Residential and Mixed-Use —WPA WPL SGA Yard & Co. Development in the Resort Area. This is a Resort Area Strategic Action Plan 2030 6 2. REVIEWING THE 2008 RASAP PLAN 2.0 RESORT AREA The top priorities of the 2008 RASAP - :.��• '�•'` n"� >�'lL - - %�. -,/' ti?'<-,,, r..11.f . v`\ and current status: K� .��,.. , r `Y _ t4,`, ,� '� _ ,:' DEVELOPMENT- 2008 �� `. , �,.t - : ; - 1. Develop Dome site as �� o =_, - '�"�► . major entertainment venue % �� ' - ►� The Resort Area Strategic Action Plan J v., -� , Vir.,.= ,� YY _,„ ��' '`>:4 (RASAP) was adopted in December (underway) :;= , �i >-,,1,., .,, >� .. of 2008. Since its adoption, a great 2. Build the Convention Center ,��'��N...,� "� ".:1-r�, " 4 - deal of development has occurred. Hotel. (not yet started) -- ;.� ; - `_�_ , •``. Virginia Beach City and Resort Area �``,",... .:`-:%-:; ►.� - � � 3. Complete the Laskin Gateway .,-;.. s; . a Q •� 1" r leadershiphave agreed that it is .:.S, .,� .,-: >^:.-AP* ,,� �;• g street project. (complete) ;, , ` ` time to refresh goals and initiatives, ,�-�, -= _ ' mil establish priorities, and review the 4. Conduct EIS for Light Rail •`'�`. t extension. (accomplished; . .,;x,: �:,;:�•<„. �);: `° ._. existing boundaries. The RASAP p •,:. .-;,, - udate goals are to: 1) reflect per referendum on 11/8/16, �.,� >-'" i". ' existing conditions with residential citizens did not support) ` `.-•` t and commercial development, 2) S. Design & build Rudee Walk +� establish a transparent, inclusive, (complete) •y 5,,/ . comprehensive process that 6. Streetscape Improvements for defines and prioritizes the goals 19th Street & Central Beach of the stakeholders and the City, FIG. 1.1.0 2008 RESORT AREA STRATEGIC ACTION PLAN and 3) produce a plan that has (underway) clear, measurable initiatives for 7. Form a management entity implementation. (not yet started) 8. Develop zoning revisions for Resort Area— RT form-based code. (accomplished) Resort Area Strategic Action Plan 2030 7 a OEOZ ueld uopv D!6awils eaiv 1Josad NVld 800Z— IJOCIIHOOINOUJNV300 OTT '91J NVld 800Z— .1.31d/Sla VNI2IVIA1 OTT '91J I II NM • Milk 111111111H. 0 / pi mu" . , . nor RI RIF_ OM .Ik pa. vww".1111 I illty jk. 1111 WI \ 1.111N t ..- t.7.-•- 772-..;.;41,•••:". 71 •:- ' . 1 *,'.1. 4: — - .-"' I/P•1.4 .-- . .1101 .',, . ' k .... =it",_. _...„ ..._ 01•*•11 11112z 1.14 Z.' . . .111F , -- tit :44,4.°'"*...‘ ..-I t 4' : ,,-i *,e• .n IMO , • 1 . NIfld 800Z— 1012-.11S10 H3V3811/2.11N30 01•T •91J Ntfld 800Z—AV/1/131V9 NINSV1 0:T•T r •91J . , ...., ........ . -...I .. ,,, : . -''-`'... , • , a 1 ^.........„............... ot— • ., , 11 1 II - • ,, ! - „ , ..., ill . : iiiiii - ' • 4' -.'.' ''' - 4 A , , t. t .4 t. ,, . :t., ... , . , . .. ,,, / . .,. ,, . , , _ . ...e............., , . ,,,„. , „..., , ... ..„,„ I 0, ............._ vow ... , . OW .4/01 ..- • . , ... ,, , raid ' o 1---- _ . SUMMARY OF PROGRESS FROM 2008-2018 17th Street Convention Sports Oceanfront Resort ViBe Creative Cypress Ave./ VB Middle Beach Laskin SGA Resort Improvements Center Hotel Center District Form Based District/MOCA Mediterranean Ave. School Garden Road Boundary •.. (Location TBD) •. Code Boundary Park Gateway... Sidewalks .• • • .. „ . • ., •.. . •. • .• .. • I .••• . . „ . • .. .. • . .• :: •.• „. „ •. „. . • . .• . . .•• ..* • -...... : • • • „ • •. ..•• .'...... „. . ..• .„ ..• . •• •-. ........ „ , • . .•• ..* ./ 1 •••.,. • „ . • . . „. , , i?,0..•-: 0,2-44.,..-0.•L ;. ." . .,... .... .*.• '• .. .. . .'.... ttiM...., . t„,.$0... f.747T-p, N...;.,..:, l• ', i•ar,'.. : 4,,,,".`•.:!:::::t.:'',. .,......4-: •. ....• . • •.• : a Centrl Resort '.... 401;„•-0:1 0-4.. ' 14, --; a`"',.........* - '-i• •••'''''•a x' *i f- -,,,t, .-,' -•14:1*'''- . N. •••• •Potential ••-. -,4 '• 4 ,..r- -,,,, ,..-1,0,,,,-, ' \*N. ,,,., ,.4%..1 ,,t1.4. 11'..• 4.'..,;'`'..-.•.* '•••, ^ • .••• i Drainage •4.*.. 4:- r.,*4,e,..--- • 100- .4,,,,,,s. Open Space, f,,. Improvements.. F '''..,. .... • — •. , ,,..,,r...4,- ,• -.%),, i •••••.. ''... .C.- ......-"-**•::..040°).-:, A k.,-,, ' .•• ' ,"•:`'''.-.4:- ,., ,,;.), ' .••„••••e' ,,,e. •••••••• , •••••••••• N- .14 ,6°;'•%:.•!'‘N,,..4.':„01 \ ':.. .• , , 1:41N-,10t*k ,...'" 'Marshview ••,r;t-,•rrw4,..,. -0„„4• ••:•e...•‘, - • ' ''-. " ' '..• - eroi 1. -. "...,:...,4°* „.#9:.- ,*'&i.47.„.‘)'-'5"*`.1k... , ,........ .. ' 11‘,•• -.%c.i,r,4,..•-.44,- -,,,,-,44, • ...... . . Park ••••.. •••.. ... 'dr-%:---`-`,7 .1/4, , -'*a„,„•, 1'''',*;.:..,7*l:?•,‘ ''*. - . ',..„„''• .. ,-..,„ ,.. . •• / . i : #'"*;„.*.04N,.04..'„,,"1:-.,1.1•-„• •,•,e.*,,,,,4•‘,.-..,.4,.:..:.* ,.,1"•,•„-,..'t i.:,...'.'•"A,ef t.,.'1;‘:*,.'. ' - N 2 litt1 , * '., ,‘'2,, „",-,,.... ,,, iri..**", • ,........,"s*•••- .-. ,...-‘,„;‘,,-**, N,,ox.„,,\i..- ., ,,,,,,,„..„4-' ,- •- g P'., ....„ , , ' '_. I,„„ -,,,„•,,, Lake .d.,smolly ‘ ',„ ez, ,,, p-,,,,..1.61,0,,, .. ;,0: ' : 'N''...' . ' B .... Pedestrian •: , • •-;" , ' .'.% '''' 1 •- -•„,..\ . I'''-•'-,•a\•-'&so& tersk$ ';":-'• 0rt, . -**•'',„ -. .7;.:e 4,6,` .-;•••, B .... Improvements •••.. *.,....- - -..„‘i,-•4' -It... ,, ,',,,,*..;0,, ,...,_ z-^s\,NO, :, ',".,:' , . :, r 1.4;',. •yo,,". .,:4,\.,. ''.. •••29th St. . '• . •••.--;• ----' •,' ,. -- .: ••••21‘', ,••,, Afer-'•,' •"°'"1- •-er,••• .,- ••*;•'-• '' - , '•-. ' ..„-•,,, ..'',''',•" . •• Improvements " • '00', ,ifk-,,-c1.'''A'7'''Ar.', '...4/-'k.; -''',',.., :e. • r 1` l'7.'iqN, - ''• '• ';*'•!,''' ' * '4,e A -.." \ '40 ' . •.'-' -'•'.,,,,''' ' .Old Beach •4, ..:.. '...-;:t°1,-•Is .-"i'';,1.,„, ' ,''.- ''..':'''.--....,. °- ..' -sr: 2,r -...*# '.A,'.74"'i . . :'''v;'r N:7.i. '. ' ..... ' ' .• Neighborhood : ,. • 14 ,•••:,•,;' , '''.'054-• - ••,v\ ..,,i • ',„ * , ..•,,, . •-`.•:.',41 '',.1, '':.•4 ‘,.-•'•••;.‘,1 •.. 'Jr '••••-'" -4.'="1"°' -'0 .,1,10r-.4i'•44-4)I•••• '' ••:'` ,---- *'-'4 ' -••. ,•-•*•-'•• • •" t;., - .•-.••0 , '` .• ''•"' ,. * * -•. . • Revitalization s -; .e .„„.4,-• ' .•' ..-- • !-- •.:". • 00. : Oceanfront . • Resort District (.014...0: ',.. "••Ak• ' t:. '• '-- 134'•• ••V *••1 Dome•_•,,, ;!4.. 1 .,..,, ; ,,,,,, -. . . Form Based Code .. •. Site ,• . . -• :',--, - 'A''-•4""- • -• ' :••:-.4-., .7 '''' • , ' ' ' • • •. Boundary • ' • ' k• ;.-100 • - '''' •'0i• • -" Improvements Resort Area Development 2008-2018 ,,,A, , , ..t. PlmaperifiocveA..1 w o'ice,..., , „f;.. ,•,,,k,.,t, . .,,, iit.V4 , i e 1, • • Dredging ''•., ,,, '.f• . .• •s. `104•• t.'"'''' • ..,. .. Legend: Key Private Developments: . \i,..4 SO , 1 Boardwalk A-25th St.Development Rudee ,:;•;• -.411 • ' • - ...,"' . *,.'• i' ••••f•-•41' .• ... Lighting Completed B-27th St.Apt.Development Walk-.........ilk ;" ile-`' ‘,„#'' •oefito 00 .• •.... et 24,- it, -.. .4•0". .„votioitfl'. ... •*Virginia Beach Fishing Pier C-27th St.Hyatt House Planned Rudee , 47tilP *II' ..... .''••Pacific Ave.Trail D-Summer House Development ,.11,.. • Loop.... •••-•-- -•-• ,• 0 , -. (Final approval received) E-Hillier Ignite Fitness Park ''...Winston Salem Ave. Improvements Renovation/Relocation F-Cavalier Redevelopment / •-.,"--:•., .•• ••... (Location TBD) Proposed G-Multi-family Developments Mn( io Unit -Rudee Loop Walk (Has not received final H-Pier shops ..,..1..........yr!, .....Grommet Island approval) J-Runnymede Development FIG. 1.1.0 2008-2018 RESORT AREA DEVELOPMENTS 9 Resort Area Strategic Action Plan 2030 3. THE RASAP 2030 PLANNING PROCESS 3.0 RASAP STEERING COMMITTEE VISION AND GOALS RASAP Steering Committee Goals: Resort Area 2030 Vision "�„ Identify and implement public 1. Create a unique sense of arrival. amenities and infrastructure 2. Provide a safe and comfortable b „ improvements and update p p place for residents and visitors. - codes, guidelines, and city review processes to encourage private 3. Retain the feel of an Oceanside development, enabling the Virginia resort with a sense of Beach Resort Area to become a community. diverse, world-class,year-round 4. Preserve the feeling of Virginia Alt; ,: „,,n! " . coastal community for residentsi Beach identity, culture and and visitors. history through art and design. }. 5. Provide a simultaneous sense of calm and renewed energy for residents and visitors. FIG. 1.1.0 SOMETHING IN THE WATER FESTIVAL 2019 6. Address sea level rise and coastal resilience. 7. Rehabilitate and preserve historic structures and properties. Resort Area Strategic Action Plan 2030 10 3.1 DISTRICTS & LEGEND OCEANA BLVD CONNECTING CORRIDORS .=3 Resort Area Boundary Water The Resort Area Strategic Action Districts end Corridors ///i Marina District Plan Boundary includes multiple Central Beach Detect sub-districts. Each of these districts K Laskin Gateway District has its own distinct character ,r".- ; tre Y OceanfrontC dor which, through additional -`� " �RD" RD w m. 0 V Creative District e' 1 t t placemaking efforts aimed at further i " distinguishing each district, will be R ,"r' "� Er ,, �rry the key to a diverse resort area that 0F+F �' .` �"^' "r i`. has something for everyone to enjoy �o�eo r ,_:°, , .. //a �.` ,;,�' . year-round. o ...0 / S "eu_weEsKRD_. t, 4. 1. Central Beach encompasses ‹,,_0 �r' the 21 st Street Gateway, the I rV „_ " { >• �. growing ViBe Creative District, Q a' " the Virginia Museum of o' 0 i, Contemporary Art (MOCA) and CYPRESS AVE . /,i/,F 2 2 MEDITERRAN �/' t- G 19th Street (which is planned `:. .;''/f"„ LA.Clipial. •;• ©\ gi _/ i' BALTIC AVE HOLLY RD to be a key multimodal •�� G ARCTIC AVE corridor). RUDEE.' .N•. .o.,. R :�u �u. „ �_.---_ 'a'• PACIFIC AVE �` �» LOOP••... ��yyy �,,�//,�i/�///��`' o 2. Laskin Gateway is a key " 0�/� ATLANTIC AVE �% �/'/' K� AFf //f� I �r'!��t� connection point for North End 3---- 0 businesses and neighborhoods tritost�� '� �� and the Hilltop commercial FIG. 1.1.0 DISTRICT&OCEANFRONT CORRIDOR MAP area to the west. Linkhorn Bay is a beautiful tidal backdrop to be connected with a public walk that welcomes millions of people to Virginia this gateway. offers recreational connections to Rudee Beach and must be a beautiful and Inlet and is integrated with future flood inviting place for pedestrians to shop 3. Marina District showcases the working gates and barriers. and dine, as well as carry a significant waterfront. There is great opportunity for amount of traffic. A mobility plan and mixed-use redevelopment that includes 4. Oceanfront Corridor includes Atlantic streetscapent improvements A are needed to hotels, retail, restaurants, business and and Pacific Avenues. This is the main residential uses that are compatible with north-south connector in the Resort accomplish these goals. the adjacent Seatack and Shadowlawn Area and is the area where the majority neighborhoods. All development should of visitors stay and gather. This corridor Resort Area Strategic Action Plan 2030 >> Z, ( 1S aNZY U ,- V Q y 7 t W o y fin- G m m 0.1 0 > - } Z LIJ Q m Z m C CO ) I w e, a W n Ile r-,,, 0 _,----,„-,-,,,,,r,4-41---i-,..-T-- 0 1" F > . .i, td Q as NDISV1 _ { , v i e 'fie. � � `+. Q ; 2 = Y Q V €„ n ' ik- ,��, Q -i ems:. Z Q = 1$4NZZ A 1S 1SLZ h O > 1S HT6 j CC z U cc aA1 Hab381/INI9 IA, z IS.H1LL. U =„ k - . w ga C3 > m t.4 W y LIE Q w w W > CCa Y 2 V I— V H (I,- .... Cr) 3Ab3i7pjbpN z c I— a CC c cu Cr) Nill = a) W a z � O a = as OE CO cr �� i • co 41 a O o N p� a W m g 1l = z 5 1 .2) w _CD oo D W .c 0 G c. _ 1- 13 rn o z N . C , W axe c Oco - i `JO a v o O OL w v Z + ?0 o 2 0- or W ,.___ - . LT- 3.2 PLANNING PROCESS PHASES PHASE 1 — UNDERSTANDING connectivity, streetscape improvements, The RASAP update effort began with an parking, mobility, development opportunities, Virginia Beach City staff, supported by organization and goal setting meeting on public improvements, public safety and the consultant team, prepared an October 31, 2018 followed by monthly RASAP implementation strategies. implementation plan for the update using Steering Committee meetings, generally held PHASE 3—DECIDING recommendations generated through a citizen the first Wednesday of each month. During and stakeholder input. The planning process Phase 1, city staff worked to refine the RASAP The WPA Consultant Team, RASAP Steering included three phases: Steering Committee goals, developed tracking Committee, and city staff reviewed and 1. Understanding — Reviewed the 2008 and baseline maps of existing conditions, interpreted input from the first public RASAP plan for a detailed understanding started outreach efforts, and provided a RASAP workshop and survey results and developed of the challenges, opportunities and goals update presentation to the Resort Advisory a list of priorities and action items. In order of the stakeholders. Commission (RAC). to validate the final priorities, they conducted additional outreach to stakeholder groups. 2. Exploring/Prioritizing — Facilitated by Citizens were invited to a second public the WPA team, citizens evaluated and PHASE 2—EXPLORING/PRIORITIZING workshop on Thursday, August 22, 2019 at prioritized feedback from Phase 1 to The WPA Consultant Team, RASAP Steering the Virginia Beach Convention Center where establish development/design strategies Committee, and city staff conducted outreach they viewed initial drafts of the renderings and and project priorities. to stakeholder groups to obtain input, identify plan elements. A public survey was released 3. Deciding —The WPA team, stakeholders, development and design principles and that mirrored the presentation and questions RASAP Steering Committee and city staff priorities for the Resort Strategic Growth Area. asked in the public meeting, offering residents, narrowed the development strategies and Citizens were invited to a public workshop on business owners and visitors the opportunity to prioritized projects to produce an initial Monday, June 17, 2019 at the Virginia Beach participate in the RASAP update. draft RASAP update document. Convention Center where they viewed work in progress and offered input on important topics like open space and recreation, placemaking, storm water management, Resort Area Strategic Action Plan 2030 13 ro . 3.3 PUBLIC INPUT & — - _ ' ENGAGEMENT "�� A robust public engagement workshop was _,_ ...___ -.., - . - 4 4Ikr ..„ . �44. x' � l held on June 17, 2019 and August 22, 2019 at1Z „�0.,44 �` the Virginia Beach Convention Center. The first : if y!. workshop had approximately 150 participants ' ` , .�- ...- Y} " .' �4 J and the second workshop had over 200 active44), "" participants.A corresponding survey was " „ z - Syr J - ` released with each workshop, garnering over ./ 1000 1,236 participants and 30,368 survey responses in June—July and 1,351 participants and 29,607 ,,,_ 3 A �.. "'' ffi4 survey responses in August—September.The „ consultant team also attended the Seatack 111 J ilA �� Community Health Fair Day at the Seatacki N 4, ,,... AiCommunity Recreation Center on June 1, 2019, '% � ,, bringing total public engagement to just �� — , ,. ///%4%i/bla • 4 , mow, over 3,000 people. From this input, the RASAP = 1 '/ _ „' Steering Committee,the consultant team, and .�--- i w 47 ASK city staff developed the RASAP 2030 Priorities. i ,, FIG. 1.1.0 PUBLIC WORKSHOP IMAGES Workshop held at the Virginia Beach Convention Center on June 17 and August 22,2019 Resort Area Strategic Action Plan 2030 14 4. PRIORITIES .. 4.0 CENTRAL MANAGEMENT ENTITY (p.16- 19) IP i 4.1 MOBILITY PLANNING (p.20-27) a.• ry 4.2 STREETSCAPE DESIGN (p.28-38) „„i ..`rY • , Js Ii� _ 4.3 CONNECTED GREEN OPEN SPACES (p.39-42) .K ,� ,, � --•- ,�,, .1 ,��Be• 1 . 4.4 SENSE OF ARRIVAL & WELCOME (p.43-45) r .. ,. t :3 4.5 KEY DEVELOPMENT PROJECTS (p.46-49) } 4 4 � � .� _ 4.6 RESIDENTIAL & MIXED-USE (p.50-51) o� FIG. 4.0 RENDERING OF THE FUTURE 17TH STREET CORRIDOR Resort Area Strategic Action Plan 2030 15 4.0 CENTRAL MANAGEMENT DUTIES/ATTRIBUTES OF CENTRAL MANAGEMENT ENTITIES & THE TIP FUND ENTITIES MAY INCLUDE: TOURISM INVESTMENT • Beautification PROGRAM (TIP): In order to maintain an attractive, welcoming • Placemaking On July 1, 2011, Virginia Beach City Council environment with clean, safe, pedestrian-friendly Wayfinding established the TIP(Tourism Investment • sidewalks and streets, a Central Management Program) fund by merging two existing Entity is needed to coordinate services. • Complete Streets Program funds:the Tourism Growth Investment Fund Central Management Entities exist within a • Facade Grant Programs (TGIF) and the Major Projects Fund. Revenue variety of operational structures. There are • Enhanced Infrastructure streams from both of these funds come from Trustee Taxes, which were diverted to the TIP over 1,500 central management entities in • Enhanced Communication fund operating budget upon its creation.The the United States alone. They provide services in partnership with the City, but above and • Enhanced Maintenance purpose of each fund is explained below: beyond what the City can typically provide. • Code Enforcement for Repairs and TGIF— Established by Virginia Beach They are especially effective in high-density Upkeep, signage, aesthetics City Council in FY 1993-1994. The TGIF and highly-trafficked areas such as downtowns • Community Policing provided funding for tourism-related and resort areas where enhanced services, capital projects and initiatives with infrastructure, marketing, and communication • Responsible Person-in-Charge dedicated revenue streams of ten percent are necessary to attract and retain talent and • Centralized Coordination with Increased of the Amusement Tax, two percent of the provide a high-quality environment. They often Funding and a Discretionary Budget Hotel Room Tax, and one-half percent of have a non-profit side to operations that allows the Hotel Room Tax for Beach Events. This the area to benefit from donations, volunteer • Enhanced outreach and engagement with homeless persons and panhandlers program also included dedicated revenues and pro bono work. for oceanfront entertainment events. • Coordination of a multi-stakeholder The RASAP Steering Committee is committed committee to discuss and address Major Projects Fund — Established to adopting the best practices of a Central behavioral issues, panhandling and the by Virginia Beach City Council in FY Management Entity in the most highly- 2001-2002 to provide funding for the presence of homeless persons trafficked areas of the resort. These enhanced construction and debt costs surrounding services and service area will be resolved in the • Coordination of the "How to give/How the rebuilding of the Convention Center, implementation phase. to get help" awareness campaign to the Sandler Center for the Performing disincentivize panhandling Arts, and the Virginia Aquarium & Marine Science Center parking lot expansion. Using dedicated revenue streams of 80 percent of the Amusement Tax diverted from TGIF, 2.5 percent of the Hotel Room Tax, 0.56 percent of the Restaurant Meal Tax and 5 percent of the Cigarette Tax. Resort Area Strategic Action Plan 2030 16 PLACEMAKING Placemaking is a multi-pronged approach •(,,Y` j to the planning, design and management of • ' �� :, '., ', " 1 ll r tosAaKI .�•1e• public spaces. It takes into account the unique ' 1, ,,' ., ? ' characteristics, culture, art and history of a I v- t f` tolit • - community. Placemaking inspires people to � il .-0-46-- I- 11$4116.4: • , collectivelyreimagine and reinvent public s, �� ' ' ' -, i . i! spaces, and aims to create authentic spaces • d�, --_i�l r *4 r and experiences that build community and — - tir�`,jf promote healthy and happy lifestyles. ' ` ' FIG. 1.1.0 COLIGNY CIRCLE FIG. 1.1.0 BOARDWALK Placemaking is one aspect of an urban design Hilton Head,South Carolina Myrtle Beach,South Carolina process and can be led by a municipality or by „•W-= a grassroots organization of citizens.Tactical urbanism is a placemaking approach that uses °• may, �= � t'' quick pilot projects to test out ideas with paint, C. ,.. `„�**.»; 1 I'- Y- E N 5°,, �<< sidewalk chalk, planters, parklets, etc. ,`y , .- 4 i ;1 1y . ®fir, During the public input process, respondents ' 4r 1 _-'' . «� overwhelmingly supported placemaking 4*. ' ',1I I efforts such as public art, artistic and projected ,, m�e i "w, - _ lighting, outdoor dining and lounge areas, and ,g _ ,_' u I ' small performance parks. ` FIG. 1.1.0 PROMENADE STREET FIG. 1.1.0 VENICE BEACH HANGING STREET SIGN Bluffton,South Carolina Venice Beach,California .' r- • .'1. it i !� + , 1i4 ' ! ----.7-0. . _ . . N - • OMAR - 1,•-•"'I' , FIG. 1.1.0 PIAZZA DELLA FAMIGLIA FIG. 1.1.0 THE PLAZA IN CITY PLACE San Diego,California West Palm Beach,Florida Resort Area Strategic Action Plan 2030 17 EVENTS '""> The Resort Area is fortunate to have a variety .;1, :,� '+ r _ _ of events to take advantage of every week. ' " = , „�; .�- Visit Virginia Beach organizes concerts, l' — ,�.. '` , festivals, fireworks, holiday lights, and Beach ; / ,, ' .- v-r '. Street USA— Live! on Atlantic. The Virginia ' /1 '' f Museum of Contemporary Art (MOCA) hosts ,. "ram _ - s-t. ` art exhibitions, studio art classes, educational + .<• iboliori _: —„ "+ a1 � programs, and events. The Virginia Aquarium & Marine Science Center hosts daily events, FIG. 1.1.0 OLD BEACH FARMER'S MARKET FIG. 1.1.0 SAIL-IN CINEMA as well as special educational, community, and Virginia Beach,Virginia Toronto,Canada holiday programming. lit Predictable, scheduled events such as the Old Beach Farmer's Market and the Virginia i''' " �► ,• 9 r.. Beach Flea Market in the ViBe District make ► 4 + �, R "•k ` Ak the area fun for residents as well as visitors. AstF `' " - " u. ' tourism trends shift toward travelers wanting 141 , �� ,101 1* ; 4`� . , ' i an authentic experience, it is even more '? :mil," litt r,5 -.' ';j '.fir -- important that events be planned around what tr locals want to see and take part in. If events n are planned with the intention of creating a °`rt 4 . , �. vibrant, year-round community that locals will ' enjoy, it is highly likelythat visitors to Virginia FIG. 1.1.0 JAZZ ON THE BEACH FIG. 1.1.0 VA.MOCA'S BOARDWALK ART SHOW g Y g Naples, Florida Virginia Beach,Virginia Beach will enjoy the Resort Area events as well. Y. 1 - 4 r. _ !. emu{: . .. t �'y{,��'yip t ro .s 5 n FIG. 1.1.0 COMMUNITY YOGA FIG. 1.1.0 SPRUCE STREET PARK Virginia Beach,Virginia Philadelphia,Pennsylvania Resort Area Strategic Action Plan 2030 18 SERVICES INCENTIVES Central Management Entities provide services The City offers a variety of incentives to in partnership with the City, but above and qualifying new or expanding businesses: beyond what the City can typically provide. __ .. . ,,'. r ' • Tax advantages Services may include: ..� �� r ' i Economic Development Investment Housekeeping—employees keep the area "` � � '. " Program (EDIP) clean by disposing of trash more frequently and picking up trash and recycling items left on ° - • Funds to qualifying business locating or sidewalks and streets. N. expanding in the City Data Collection—employees report ...-"-" • District Improvement Program (DIP) on potholes, cracked sidewalks, broken matching grants for small and locally- streetlights, malfunctioning traffic signals, owned and operated businesses to assist illegal dumping, etc. FIG. 1.1.0 LA JOLLA BLVD. (BEFORE) with building improvements, modernization Bird Rock,La Jolla,California and fa4ade improvements Enhanced Public Safety— by providing a recognizable presence on the street, • Business License Incentive Program for employees serve as the eyes and ears of an new businesses area, and a deterrent to crime. •:# • Fast-track Permitting Program Enhanced Hospitality—Ambassador I ow-;,. 's programs (volunteer or paid employees) are a LI " I "" ' ~ ` Energy-Efficient Buildings Tax Reduction great way to create a welcoming environment • YESOceana APZ-1 Incentives to foster the for locals and tourists. They greet visitors, conversion of nonconforming uses into offer assistance and directions, and provide , Air; $" V�, conforming uses suggestions on places to go and things to do. '. `\ ''/ - I / \ • Public-Private Partnerships to help Beautification — by working to keep r ,,. \ / defray costs landscaping on streets and public plazas and ,\F IV `' '. Small businesses assistance to encourage parks in top shape by planting, watering, startups and business growth; including and weeding them, and by supporting public FIG. 1.1.0 LA JOLLA BLVD. (AFTER TRAFFIC- financial assistance, facilities development art projects and street furniture installation, CALMING &BEAUTIFICATION PROJECT) rants, tax credits and exem tion. Bird Rock,La Jolla,California employees of a central management g P authority make the area a more beautiful and The RASAP 2030 supports expanding local, enjoyable place. small business incentives. Resort Area Strategic Action Plan 2030 19 4.1 MOBILITY PLANNING ... ► y . • A mobility plan is a strategic plan designed `,, - to satisfy the mobility needs of people and '` "n businesses in order to provide a better '� ,\ pail '": k. quality of life. It prioritizes good pedestrian Olio ' '\) - t a*• � connectivity, which allows people to have a ti'1 — -` \ _ broader and more in-depth experience in - _y2; • °� ` discovering a city. It ensures that all citizens are `� .1 u ` offered quality transportation choices to key ►� r•0- destinations and services, improves safety and FIG. 1.1.0 E PIONEER SCOOTER I security, reduces air and noise pollution, and improves the efficiency and cost-effectiveness milv '- of transportation. A successful mobility plan will enhance the look and feel of the resort �= �-� area for everyone, encourage commerce, ILlb 0"�"'__ _ .:�( ti - ^'} and make it easy and desirable for resort Y_� J = visitors to get out, explore, and see all that the tt �,tiR - � Resort Area has to offer. It will provide ease `II►� '�S,' `' of access to resort attractions and the beach, 0 i/~ Ilium* - and convenient, easy-to-find parking. It will comprehensively address the following: ® ` ` " FIG. 1.1.0 E-CRUISER FIG. 1.1.0 WATER TAXI • Traffic Calming ©Bird. The Wharf,Washington D.C. • Pedestrian Circulation • Bike Circulation^. 1 • Shared Mobility Devices 'O . f • Curbside Management • Public Transit so • • Vehicular Circulation ? -� • Transportation Network �kk. .---.-' ,�' '� • Parking Management (strategic land acquisition and solutions) FIG. 1.1.0 BIKE RACK IN THE VIBE Virginia Beach,Virginia m Echard Wheeler Resort Area Strategic Action Plan 2030 20 TRAFFIC CALMING: • They are frequently run by private VEHICULAR CIRCULATION: • Reduce speeds where appropriate and companies and can pose challenges • A mobility plan will need to address increase pedestrian, cyclist, and micro- to vehicular safety and curbside private vehicles, transit vehicles, delivery mobility safety. management. vehicles, tour buses, charter buses, • Divert traffic out of the neighborhoods. • These devices can provide the critical first designated drop-off and pick-up spaces and last mile connections to public transit and rideshare infrastructure. PEDESTRIAN CIRCULATION: often lacking from service providers. This missing link is commonly attributed TRANSPORTATION NETWORK: • Streetscape design will need to address to causing the majority of stress and • a safe, pedestrian-friendly environment complications for transit users. A mobility plan will address the modes of where people feel encouraged to walk, transportation that will be emphasized in explore, and enjoy the experience of CURBSIDE MANAGEMENT: each area of the transportation network. traveling on foot. • Certain streets will emphasize distinct • Prioritizes reliable transit and safe modes, creating a safe, user-friendly and BIKE CIRCULATION: bicycling infrastructure followed by curb efficient transportation network. uses, such as deliveries, passenger pick- • A bike network plan will need to address ups, green storm water infrastructure, e of options such as family- PARKING MANAGEMENT: the range P small public spaces and managed friendly off-road trails, protected on-road parking. • A comprehensive parking plan and bike lanes, and on-road sharrows. Should be measured and kept flexible as strategy is needed to address: 1) equal •• A bikeshare program will provide a fun technology and modes of transportation distribution of parking spaces, 2) on way for both residents and visitors to continue to evolve. street parking, 3) district parking, 4) event experience the resort area, promote parking, 5) valet parking, 6) parking and health and wellness, and reduce the need PUBLIC TRANSIT: beach shuttle services for employees and visitors, 7) protection of residential for parking. • Develop strategies in coordination with neighborhood parking, and 8) removal of SHARED MOBILITY DEVICES: the local transit agency to increase surface parking east of Pacific Avenue as reliability of service for all users. land is developed to its highest and best • Shared mobility devices use technology To increase ridership, transit should use, 9) future changes as parking evolves. •such as mobile apps to allow bikes, leverage technology and real-time data electric bikes, and electric scooters to be shared amon users. to provide up-to-date information on g arrival and departure times. Transit should P I— • • They provide low or zero emission be kept affordable for all users. 0 . ;t-^ '-I*. , ' options that are diverse, convenient, and lea _ ' f!":, p • Identify a location for a central beach ` .. I. , readily accessible.They allow visitors and mobility hub where multiple modes of residents to make short trips without FIG. 1.1.0 BEACH SHUTTLE needing a car. transportation can be accessed. Resort Area Strategic Action Plan 2030 416. << OCEANA BLVD • 7 MOBILITY& mY TRANSPORTATION • o6 a • ROUTES LEGEND: • • Major Roadways • • La Garage Public Parking m: s • Surface Public Parking a• > Proposed Water Taxi y Owl Creek ,- St• 0 Golf Course t.e • ir a Trolley/Bus o �P Y O Transfer Point t 6��N cr � rn Proposed i �CirRD � Q! Bus Route e1,' I f Seatack • 9 Rt 20-Downtown + Comm.Peir. ! Norfolk/VB Oceanfront 'j 0 IP re'hp,C Owl Creek® , / < Rt 30-Atlantic Ave s ,%-, 4 Preservatio% , ` Trolley S9p r Area Par Ccs,%, m,'''4>,, t ® . .• • Rt 31-Aquarium& FAQ4. \4e, 6 osa p :� 31 Campground Trolley ate �� s, wfi ♦ m v `,9►v N BIFjp Ba Rt 33-TCC/Atlantic Ave/ r, rs kew �' de. _ • ," I; NECK RD 68th Street Shuttle h DO♦ Ma a V ♦ t f a B5 Rt 35-Bayfront Shuttle Ca'. 7,0, Boat Q �•I/, m Existing Multi Use Path Taxi i♦ step ��T/ljet �• Z a ...Co°`� • I i► Srr.`>t _✓ •� • c.- " " , y ■■■■ Proposed Multi Use Path 9t _ • :r n J y bNRA 24,s O �aoa• •-• �e .w' J 20 g-1 to y 174 �•A x• ^y ♦ ♦, • ■ I—cio - :N .LO BEACH - .�. ♦ ,Niku<leeHeigh .„ Iro �..... �..-....• N .N HOLLY RD arcel1 • ' w BALTIC AVE • 1 P . 55 ■ 'Boat dt.i On r �:Taxi [. lA ® ~ fit ■■ _ to RUDEE " stop PACIFIC AVE LOOP ., _35�� — -- .W. '- -.'!J ►- ATLANTIC AVE .. ® so ez Croatan Beach P. rem ,^ ��'�� s..d No h End 0 d P.,, Park Oceanfront Beach Park Park Park 44 r- -w w1''i-a► • 15th St Pier FIG. 1.1.0 MOBILITY IMPROVEMENT DIAGRAM This diagram illustrates an overall connected network of transit, trails, and a new water taxi that enhance the existing road network. Resort Area Strategic Action Plan 2030 22 • OCEANA BLVD � . sue ~• 04:.1 �•, ` '• J C It kRp Alla •I ti t 'Pge0 °> -v m ... N BIRDNEC,RD V m All Be40,, I•� " ►, FIG. 1.1.0 PROTECTED BIKE LANES—ARLINGTON, A._ VIRGINIA •�CVP,RESS9WEVE V • N 1 . tY w k pEN _ "... -y, t . P. BALTIC-VE- 4 • HOLLY RD RUDEE II _ t - LOOP•..... • ATLANTSC_AVE _ Y z a "-___i OCEANFRONT BOARDWALK&,BIKEIPATH -g qy FIG. 1.1.0 BICYCLE/PEDESTRIAN/MICRO-MOBILITY Multi-Use Paths CIRCULATION DIAGRAM Bike and Micro-mobility Pedestrian This diagram represents the need for the should be just as strong as the connection mobility plan to address the public's desire along the oceanfront. Multi-use paths denote for increased ease of pedestrian, bike, and protected, off-road options that are safe and micro-mobility transportation. The connection enjoyable for families and commuters. between the beach and the neighborhoods Resort Area Strategic Action Plan 2030 23 OCEANA BLVD g rc B'Rz Y DNEc 4 Fti'Hye p 11. • 00 = N EURDIVECK RD U e!6. 1 KCYPRESS AVE : �. - Ern , ® Z MEDITERRANEAN AVE N z` , `� ?I(,', . r n� y' �O BALTIC AVE � HOLLY RD .� _ t O` w ARCTIC AVE p � ; 2 RUDEE .ux xw.r .,ure xour a . PACIFIC AVE " ~ t I ,,,,e LOOP ,r O FIG. 1.1.0 PUBLIC TRANSIT CIRCULATION DIAGRAM Intercity bus route FIG. 1.1.0 VIRGINIA BEACH RESORT TROLLEY —0— Bayfront shuttle Oceanfront trolley 0 Aquarium trolley ••- Proposed expanded bus route ® Bus/trolley transfer station This diagram represents the need for the mobility a new trolley route, and expanded transit services plan to explore the option of a new bus/trolley to the ViBe Creative District,Virginia MOCA, and transfer station at Rudee Loop and Arctic Avenue, the Virginia Beach Convention Center. Resort Area Strategic Action Plan 2030 24 As self-driving vehicles appear on the market, OCEANA BLVD I there is uncertainty about the impact they / will have on urban infrastructure and parking. While autonomous vehicles guided by a centralized parking system have been shown �' to be up to 80% more efficient in their use \se� N of space, these systems will not be possible R°.F° / to deploy until the majority of vehicles on �kRD ,_� ( the road are autonomous. In the near term I future, systems such as self-driving valets can cFti�' decrease the need for parking areas by up to �� o i O m N BIRON 60% as well as decrease the amount of time 0'y6` w EcKRD _ needed to store and retrieve vehicles. 60•\ iii a Much of the traffic and congestion in the Resort Area is caused by people searching for parking. By adding systems as described above, Z CYPRESS AVE MEDITERRANE NAVE N Z congestion could be decreased. " - BALTIC AVE _ iv .. .. HOLLY RD ARCTIC AVE 1. _ IIM tov.2 RUDEE r. PAGFIC.AV- J LOOP.............. _ ., t ATLANTIC AVE _ __ Al r 0 FIG. 1.1.0 VEHICULAR CIRCULATION DIAGRAM Local Streets - Through Streets • .41V1,1-4114relMEIRrirlf - Interstate .- �` .r L _Al This diagram represents the idea of street for traffic going into or through an area. " _ �;lr� character (this is not a technical analysis of Interstates are high-speed, vehicular-focused. VDOT classifications). Local streets should In order to meet the RASAP 2030 goal of be walkable and commercial or residential- increasing pedestrian connectivity, more streets focused. Through-Streets are predominately need to be designed as local streets. Milt ; FIG. 1.1.0 AUTOMATED,SELF-VALET m Stanley Robotics Resort Area Strategic Action Plan 2030 25 407, Microtransit, or shared mobility devices, is seen qi OCEANA BLVD I. as a way of extending the distance between ' parking areas and major attractions. The next generation of micro transit vehicles are larger, r r, - more comfortable, and provide an on-demand, ,� a " �' flexible mobility service in smaller geographic ,!-r"�r; s'ej N areas. They will likely require serious f,""°' Re"Fte,� g w�— �i 4,, , k consideration of dedicated right-of-way, but ��\ ;�4 ; ; tik their range, compactness, and convenience �� ' % _ ' make them perfect for visitors to the resort F.a� o area to get where they want to go without e°o� .* `u, m " , NergoNECIERD .» requiring the significant parking structures that * automobiles demand. a g.' 1 A :1, • Q t yF 40 CYPRESS AVE rr ffi,q O i N ~� 2 MEDITERRANEAN AVE r I M Z a yq Lama,.. M,� i �. _ BALTIC AVE-. ° ! HOLLY RD F- 0 1Wt 4. ��M\ �..:.. k m ARCTIC AVE D. RUDEE �p�J''�""°X0"' - I �' PACIFIC AVE �,. LOOP....t .. Y P it _'ATLANTIC AVE .. a _ a FIG. 1.1.0 EXISTING PUBLIC PARKING DIAGRAM ® Existing Public Parking This diagram gives a general overview of the location of public parking lots and garages found in the Resort Area. A more detailed look at parking can be found on the next page. Resort Area Strategic Action Plan 2030 26 PARKING AND PARKING TRENDS The City of Virginia Beach Parking Management Office continues to introduce new technology and ( 2019 Private services to improve the overall parking experience. ' Commercial New services include adding vehicle count L1 I I �,. ' +' a Lot Permits systems at all locations to display the amount of . . t — Y_ .' Total spaces available to the public.This data is also '''te." L2 i t -' ... 1. . ` t 0 Estimated = integrated into two parking apps that allows users ',r•a ',I• -- ,;,; 2,238 spaces to efficiently plan their trip to a municipal parking ' v, r ri, L3 i_Li I -04o_ • c location by finding available parking spaces with it`,,.': �' r:,., L4 2 . ` is " City of digitized directions to the available spaces making • ., Jt ,, Virginia the trip to the resort and finding an open space !'.; ` ----- 1 Beach hassle-free. Future services will include enhanced Parking wayfinding and linking customers to other FIG. 1.1.0 SMART PARKING DISPLAY 1 Garage/Lots mobility options to easily move around the resort. Total m Estimated = CURRENT PUBLIC PARKING GARAGES: PAY FROM YOUR- 2,557 spaces 3 Garages at the Oceanfront PHONE ' % ° ' L 1,701 spaces (943 reserved) DOWNLOAD L Vat.' PassportParking 1 , ,,,,, • 340,600 vehicles park here annually 1 , - t, CURRENT PUBLIC OFF-STREET LOTS: PPPrk 5 Lots ZONE 856 spaces (117 reserved) P' 0000 ' ' t.y h FIG. 1.1.0 SMART PARKING APP CURRENT ON-STREET METERED PARKING: 680 estimated spaces . : ' :r'. rs•' '' , - ? ADDITION OF SEASONAL ATLANTIC AVENUE PARKING TRENDS: STREET PARKING(OCTOBER 1-APRIL 15): • Artificial Intelligence for parking spot 201 estimated spaces locators • Smart Parking displays .;. �. ;. CURRENT DAYS/YEAR THAT PUBLIC PARKING IS • Reduction in space needed with FIG. 1.1.0 RESORT COMMERCIAL LOTS&VB FULL: 25 days. Examples: 4th of July/Patriotic autonomous vehicles PARKING Festival/Something in the Water Festival Resort Area Strategic Action Plan 2030 7 4.2 STREETSCAPE DESIGN Great streetscapes create a unique FIRST PRIORITY STREETSCAPE _,`.... _". sense of place. They provide a clear IMPROVEMENTS: separation between pedestrians and • n 17th Street/Virginia Beach i': ' r. _- vehicles to make a safe and family- friendly street. They provide full Boulevard west of Cypress accessibility for those traveling in Avenue L ;� J ,_ wheelchairs as well as other mobility • Atlantic Avenue '' i"- — — . ' — devices. The design of a streetscape (15th-25th Streets) ±-x may include: - .... SECOND PRIORITY STREETSCAPE ;~ • Bike Lanes & Multi-use Paths IMPROVEMENTS: �. .,- +`" ,..• '-",—.- • Streetscape Character and � ` 'rvM Public Realm • Atlantic Avenue �.,;s T• Y. (1st-15th Streets) • Raised Intersections, Central Beach— North/South FIG. 1.1.0 17TH STREET(EXISTING CONDITIONS) •Crosswalks & Curb Extensions Avenues Cypress to Arctic • Landscape & Plantings t h .. • Pacific Avenue r , �' • Sidewalk Organization (5th-15th Streets) Standards • Pacific Avenue L. ;,. !� . %K. - , • Pop-up Event/Entertainment (25th-42nd Streets) �� .I Spaces ii ._ F,: • Outdoor Amenity Spaces/ I ` . +0. ,'. r,fi _ _ .r Outdoor Dining NOTE: Priority should be given to I it ,,1, : • Pervious Paving complete the under-grounding of �� `" _` utility lines on Pacific Avenue. 1 * -- -.� s • Site Furnishingss. o '.i • Green Infrastructure for Storm y Water Management _ i �� `\ • Original Art Displays FIG. 1.1.0 17TH STREET(CONCEPTUAL RENDERING OF FUTURE • Historical Markers STREETSCAPE—TO BE DESIGNED) • Outdoor Lighting Resort Area Strategic Action Plan 2030 28 BIKE LANES&MULTI-USE PATHS . r , �° *V )1► Bike lanes and multi-use paths are a 11 a.N, ' 4 " �, j• -- " convenient way for visitors and locals to • �..- explore a large urban environment like the o u ,:.-,;. 4 -, - h l J;--ti • 3 l liiLI Virginia Beach Resort Area. They provide a ��. 0It i'' ► ! l / ' safe way to walk, bike, scooter, and skate ��n. { y• to restaurants, stores, the beach, and other n ` 'I ` '� t �� .. `' --' i iir e , _ • neighborhoods. When people are on foot or on .. ` . w A a bike, they move more slowly and can take in T"" - �' ^ more of their surroundings. Additionally, when �` *' they see something interesting, it is easier for /, `" them to stop and interact than if they had to 1'- find a place to park a car. .Trees and plantings helpkeepthe hot summer FIG. 1.1.0 BIKE LANES FIG. 1.1.0 MULTI-USE PATH P 9 Coronado,California sun off of trail and path users and also protect °JorgeSalcedo,2075/Adobe Stock them from vehicles. In flat areas or where path users will be traveling long distances, curving `'" the path in a serpentine fashion and subtly ¢ �k** '� •'.� � 01;, "p � •-� ill changing the elevation of the path makes 4_ �'- r ,r;�� ,' for a more enjoyable trip in a more casual • r i ,., •" , r oit,- ' ti ; environment. ;+, ..,-:,.: ` .r tiJ;.... �,. r • . Y I A y l .� .` FIG. 1.1.0 BIKE TRAILS FIG. 1.1.0 COLIGNY BEACH PARK Watercolor,Florida Hilton Head,South Carolina Resort Area Strategic Action Plan 2030 29 STREETSCAPE CHARACTER&PUBLIC REALM In addition to being a conduit of navigation, w,‘ .� � _ �'`• ' the street is also a place for people to gather. t f It is very important to provide comfortable ; ,. and safe places for small and large groups r ,��II► irrit , of people to walk, shop, dine and convene. " Syr t - ,1 I. . _� - ' Outdoor dining areas on sidewalks, seating ,,, �1 A..,i 7, ._•..,,; , ,,,,,me areas along paths, plazas, and courtyards4. rr" �.` provide these places. They should always be _ �� i � Air -` designed to be comfortable—shade is critical, seatingshould beplaced in clusters so that FIG. 1.1.0 COMMERCIAL STREET FIG. 1.1.0 POCKET PLAZA Solavita,Florida Watercolor,Florida people can interact and converse, they should be comfortably out of the path of travel, and •„ ' .: .3. = there should be nearby activity to observe. r . .,. lip , - `F r The streetscape must support all aspects ,� _ 1. ' v •i a ittg;,� :'"1 ." ' P • • of pedestrian life. Effective signage and . et • •`I " wayfinding is unobtrusive, beautiful, and clearly 1 4. -'• - '1 „:...,, directs people to public amenities. Bike racks, .. {�, � - :'a ; scooter stands, and other elements should be . •,.. - used to organize forms of micro-mobility so ,`3,-^ ;,y` } C� �s,• � ..� 6 l� that they do not clutter the streetscape. Trash i If:lr Vim-WV' - - and recycling receptacles must be conveniently FIG. 1.1.0 POCKET PATIO FIG. 1.1.0 COLIGNY CIRCLE spaced, appropriately sized, and Austin,Texas Hilton Head,South Carolina attractive looking. 0 ,,,,. , „ ;.4.Ali-*N. dr ie "....,,,, - 'I. tit i j ,.- . ',4(1 ,2 iG Al 4.-- ill a FIG. 1.1.0 LINCOLN ROAD FIG. 1.1.0 DOWNTOWN STREET Miami,Florida Pensacola,Florida Resort Area Strategic Action Plan 2030 30 CROSSWALKS,CURB EXTENSIONS Crosswalks alert drivers to the fact that the 4. '_ roadway is passing through a pedestrian .., , ,,.. .� 1 E� pathway and theyneed to be prepared to yield . - • '".nr• • >''I �1 t ,. w, 4 ��— : i P Y - -- - I R i if � -_ to crossing pedestrians. Crosswalks should be -'� ••i 1 `�gF placed where people naturally want to cross . . • a.. ",.. the street, in line with sidewalks and pedestrian �� x -` ,, �,i '+ t,, ''f".: ):; 4 ' paths. Sometimes it is best to observe how a ' "; -.m._ crowd of people crosses the street and adapt 1 the crosswalk marking to that behavior. When FIG. 1.1.0 MID-BLOCK CURB EXTENSION FIG. 1.1.0 MID-BLOCK CROSSING block lengths exceed approximately 600-feet Birdrock,La Jolla,California Birdrock,La Jolla,California in length, mid block crosswalks should be evaluated to support a healthy commercial or , neighborhood environment. _"'� : � Curb extensions serve two primary purposes: - .. �.; ' 1 .!.,1.._. •' f..T. "` -''' 1 1) reduce the distance that pedestrians are • '""` ' exposed to oncoming vehicles, and - - 2) constrict the roadway so that drivers slow "� ` •'� r rco _ down and drive carefully. Curb extensions can 's i ,i be effectively employed at mid-block crossings , !` ' i and at intersections. / ` - ,* �i , 1.� ' Landscape and Plantings are a critical element FIG. 1.1.0 INTERSECTION CURB EXTENSIONS FIG. 1.1.0 MID-BLOCK CROSSING of any streetscape design. Tree canopies Cheyenne,Wyoming Birdrock,La Jolla,California provide shade for pedestrians and parked cars, "" <.. and also create a calm environment where • ..--� c: -- �: • �,� drivers tend to drive more slowly. Plantings . >j�- • -• s. 7:ri\' �- uill ir ` I�l lulualong sidewalks and near crosswalks contribute y ' „��to a comfortable space for pedestrians. Since ,.... , I; J�%, ,!"` ' o people will naturally gravitate towards places t i- • • 0,�, s that are comfortable, plantings can be used to - - guide pedestrians to safe places like pedestrian 1-' ' �_ • • �� i refuges, which they may be less inclined to use �.;1•,� ,.,,�;; if the space is not comfortable. Additionally, ""4. 11. _ _ `= �. plants animate the street, causing drivers to '� . pay more attention and drive more cautiously. FIG.S 1.Monica,0FULL-INTERSECTION CROSSWALK FIG. California Main Street,Victor IP�LANT�ED CURB EXTENSIONS Resort Area Strategic Action Plan 2030 31 PUBLIC REALM DESIGN GUIDELINES s "4-71 IJEW_ A well-organized and designed lart large scape 11111 gateway / _i "" i I *0 fb can be just as welcoming g g y , w or public art piece. Quality materials, good Liit branding, a coordinated color palette, and I I .'*,if ,� _ - -6.--I_' �� '�� - - • useful amenities send a signal to residents ' y "'� , and visitors that a street is reallya lace, cared I �` '" w V ' : - w. for by its owners. The following items should /�: ` ` be considered in the creation of public realm ^ �/ �,:/I i a f' %/ I ',"V design guidelines: :kill JCS`' � r` J I ; ` i, • Approved Site Furnishings (color and FIG. 1.1.0 COVERED BIKE STORAGE FIG. 1.1.0 PROPOSED E-SCOOTER PARKING design should reinforce district identity) Virginia Beach,Virginia • Sidewalk Organization Standards/Public _ Space Organization and Management .4 s !, _ -` . (eliminate streetscape clutter) mr ; 0 • Bike Racks le ‘I ,� • Lighting �'— t►s ''lj • Landscape & Plantings + (� ` ,. At • Public Art „ - "� ' l� • Parklets . +- r ilk\ . - ; • Shade Structures f > • Water Fountains/Bottle Fillers/Dog Water f . . _ Stations FIG. 1.1.0 HYDRATION STATION FIG. 1.1.0 BRYANT PARK LITTER RECEPTACLES Combination bottle filler,water fountain,pet drinking station New York,New York • Waste and Recycling Receptacles • Security Stations • Central Newsstand ellI k le ...root, so,..ow • Wayfinding System (color coded/branded i IF f f 4 to districts) 0 • Flags and Banners (avoid pole clutter) • Smart Corridor Enhancements FIG. 1.1.0 NEWSSTAND(FRONT) FIG. 1.1.0 NEWSSTAND(BACK) Virginia Beach,Virginia Virginia Beach,Virginia Resort Area Strategic Action Plan 2030 32 SEA LEVEL RISE&COASTAL RESILIENCE Virginia Beach faces several challenges in being "� ` on the coast. The combination of accelerating sea level rise and increased rainfall means that Virginia Beach Watersheds flood waters need to be kept out, without trapping rain water inside. ,...: 0011 The Virginia Beach Resort Area covers severalt4f1 Logend watersheds, however, the majority of the resort ci.ox 4114 drains storm water out to Lynnhaven Inlet 0 ••••:••• ... i 4,40 through a series of pipes, culverts, creeks, and •-- lakes.As the sea level rises, draining the Resort .�, 1 Area through this system will take longer since l i 14 11 much of the system will already be full of water or closed off with a flood gate. An alternative \ ; ;' �,,,,.,�, drainage system is a possibility that is being ;;' studied, but would rely on pumping water from the Resort Area out to the ocean. In either case, 11 slowing the movement of water from rooftops, parking lots, and other impervious surfaces p"a`"""".' will be critical to not overwhelming the ability SI/ of the storm water system to drain the Resort Area. Storing runoff on-site or allowing it to be absorbed into a natural system until a rain event is over, then slowly releasing it into the storm water system will allow the most critical public1 I t . structures (such as roads)to be drained first. �� l n ( . --- --._ . j FIG. 1.1.0 WATERSHED MAP Virginia Beach,Virginia Resort Area Strategic Action Plan 2030 33 The Resort Area is situated on relatively Ruare �.r "" �� high land compared to much of coastal ', MIL ` Virginia Beach, but there are a few low-lying w ."'' „ ! ,. areas which will need to be addressed with I,' constructed flood protection structures. Rudee ,> aaa+. �= Inlet is under study to have an operable flood wn wester i.nu II[R,bi - -- - z: gate built to keep storm surge from flooding �.. ' " „ ,b mi areas adjacent to Owl's Creek and in the Resort � ' `t '* Area. A seawall would need to be constructed ' along the boardwalk to tie this flood gate into - , higher elevations north of the resort area in , order to provide effective protection. Both the M q • -..r1 ''''' flood gate and sea wall should be designed ►Ioaczarr�+L in ways that engage the public and enhance , - ! ',, SECTOR GATE the recreational aspects of Rudee Inlet and the •i�; !` ` , Virginia Beach Oceanfront. i. �`'�� ',AN!)ININF WI IH A few buildings in the Resort Area will need to I "` , ',III I I I91I ATLANTIC OCEAN KFINIFOR(FMI N I be elevated to a level above the flood plain, or I.. .' modified to be wet or dry floodproofed. In all FIG. 1.1.0 RENDERING OF RECOMMENDED RUDEE INLET GATE TYPOLOGY cases, these measures should be implemented Virginia Beach,Virginia in a way that does not degrade the experience of the pedestrian walking by or approaching ,,„ °r3s). 7 } — i .„ the building. Care should be taken to ensure », 1 that the lower levels of elevated and protected "'1 buildings do not appear as blank or unfinished jr. walls that are unwelcoming to the public. -• 1KWOUSHI SFAWu1 2,.''x ' `" «*,,. EXTERStCW Finally, it is important to remember that ,., Federal Emergency Management Agency (FEMA) flood plains provide general guidance on areas where floods are most likely to occur. r !mock/in „ ^" I However, flood damage often occurs outside of designated flood zones, and best practices in coastal areas include elevating all structures txlsuNc or floodproofing the ground floor. tanAKrYWAIK FIG. 1.1.0 RENDERING OF RAISED SEAWALL AND SLIDING FLOOD GATE AT OCEANFRONT BOARDWALK Virginia Beach,Virginia Resort Area Strategic Action Plan 2030 34 RESORT LANDSCAPE&PLANTINGS PEARL BUSINESSES COASTAL FLOOD PROTECTION Plantings in the Resort Area should be a Lynnhaven River NOW recognizes that active majority of salt-tolerant, native plantings engagement of the private sector is essential 0 Dewberry that are able to survive the winter. Landscape to truly move towards a sustainable Virginia should serve multiple purposes, providing Beach and cleaner waters. Businesses within beauty and enjoyment for all, and working Virginia Beach are already changing how as a component of the green infrastructure they work. Some are increasing their energy system, helping to slow, store, and drain water efficiency, using resources more strategically, - -- during and after storm events. Landscape reducing waste and pollution, and becoming ,. ""' should be as easy to maintain as possible, more sustainable. and there should be areas designated for The RASAP 2030 Plan encourages companies businesses to adopt-a-spot and share in the to become certified by Lynnhaven River NOW 11115111 design and ownership of seasonal plantings as Pearl Businesses and be recognized for their that make each district within the Resort Area efforts to restore waterways and sustain the unique with pops of color. natural beauty found throughout Virginia Beach. City-Wide Structural VIRGINIA GREEN Alternatives for Coastal Flood Protection City of Virginia Beach.Virginia Y� Virginia Green is the statewide program that -°°°°w°1-15-0p1<.w°^°.e,„a •.!. _ 4Y,....��—0 r I ,m Drall RePo 'e^"'''''• r� works to reduce the environmental impacts*. o.,,,ledloC a ,..ipt" of Virginia's tourism industry. It is run as a a2"""'``°"d �" . . partnership with the Virginia Department of Environmental Quality, the Virginia Tourism Corporation and the Virginia Restaurant, , Ae Lodging and Travel Association. FIG. 1.1.0 CITY-WIDE STRUCTURAL ALTERNATIVES • w FOR COASTAL FLOOD PROTECTION ;• ;' Virginia Beach,Virginia • ,1, The RASAP 2030 supports the "City-Wide ,:.. . > Structural Alternatives for Coastal Flood �„x , :, ', Protection" Report. M Virginia Green FIG. 1.1.0 RAIN GARDEN IN BAY AREA GREENBELT TM San Francisco,California Resort Area Strategic Action Plan 2030 -r-) STREET LIGHTING PRESERVATION,CULTURAL IDENTITY& HISTORIC STRUCTURES Pedestrian-scale: Street lighting in walkable areas should be 10-20 feet in height to relate . • - With development opportunities come the to the scale of a person. .#} responsibility of respecting and rehabilitating , . . : the historic properties in the resort area. Matching:All lighting used within a streetscape or character district should match Adaptive reuse projects are a sustainable . . :-.-•r..- ' ' ' "` • way to preserve the history of the area. New, each other by being of visually similar design, _.41,..,„:.•.,. . . • • .iii' ' ' • . • • • urban infill projects will need to take a look at construction, and color. il :. ..•...•••:,7i -04:40:.' .w -:' historic structures on adjacent sites and respect Color Temperature and Brightness of `' ' . " those buildings both in massing and with a Lighting: Must be of a color temperature FIG. 1.1.0 OUTDOOR PLAZA LIGHTING contemporary compatible design. between 2,500 Kelvin and 3,000 Kelvin when Pittsburgh,Pennsylvania located in residential, urban and resort areas; _ - 2,700 Kelvin is ideal. The City should select fixtures that have a good color rendering index .,. " .�` }i�.t ' f r I cii (CRI) and low glare. 7 r - ` 1. ii�I•1 r , Light Emitting Diode (LED) lamp source: .; , '' L,w - ■ ■ ■ ■ r ■ r. ; I. Lighting should be LED in order to keepenergys. ' ' ' ' M usage and costs low. - 1Pir g 1:.*Z:: DECORATIVE LIGHTING I' w ' � FIG. 1.1.0 THE CAVALIER HOTEL All-Weather: Lighting used in an outdoor area _... r - ' Virginia Beach,Virginia �'tx' o Yuzhu Zheng must be specifically made for outdoor use, and - � _ _. -��i must have a hardwired electrical connection. `4•1p- Matching: All lighting used within an outdoor �� area should match each other by being of FIG. 1.1.0 OUTDOOR DINING LIGHTING �ll/It//f visually similar design, construction, and color. Plaza Bib-Rambla,Granada,Spain . Color Temperature and Brightness of Lighting: Must be of a color temperature between 2,500 "'""`-' "' - - Kelvin and 3,000 Kelvin; 2,700 Kelvin is ideal. ■ . - - — All lighting must be dimmable, and must not d I II min-- N • overpower the public street lighting. _ .r FIG. 1.1.0 TAUTOG'S RESTAURANT Virginia Beach,Virginia Resort Area Strategic Action Plan 2030 36 I7 �.e NNN•NI0•IPPU100d c LEGEND O (, .. ...I ...-. .. I_ _- _ 1,m11'1.:. ..- .sOn sveelsts l.kly •f , y�y{ f 4 vegeol.e Pull« VL : eI ' "' wtlFj - e /� `'.��q' 3J 1, ..,.. � • •rklnq ".." IQ Illeleted On Woe f� , • Fl 1 f , '1 jyt f<. en MN«eJ Un 44ee1 itt "; _ . I" ' :.-..-... Fn - e i —^ knPrerm•nla �� . UNFI! P{ L� M..e<rm.r P a y +-r � Nee Dist ors Powe.ry ViBe CREATIVE DISTRICT CONNECTIVITY PLAN '� A y� � � ,,. • 4- V it 1:P1F - k q ...... G ,: ' 'M "P Mu - r«.row. I The purpose of the ViBe District Connectivity •.. ,, - . littit,,..--k..,rip-„-itt fr Plan is to provide a vision for critical pedestrian ,i, and bicycle connections between ViBe business - ,,• '.'-'te �� ,' ssSomal 1 and community destinations. The major + . fR , :� �_ +.p __ -.— --� ......4...4.... h *m' 1 features of the Connectivity Vision Plan include: 1411, ,,� 1 FI f- , .i/'� j r E'4..t • �. �_ • Connection to the Virginia Museum of 1 I , tP¢ .a �� p "q"'I « 0""'." Contemporary Art (MOCA). " - :, " — —. �1 • A continuous sidewalk network and '. 'i'' � .�Bi'^."a � �E obi s � I a • .�'^i:. P Mrt�a_..a accessibility upgrades. "" 6.µ1 • ;�;. it - „ a I �*, 1,_- , r • Crosswalks on all legs of every •row 1°N°°f•^ ; ' — _ •' " • ' °4-I t - intersection. � tfiro "nil , IF + � ..if e }1D Mfn111 lntl .0un111P g111 0148 • Additional street trees and pedestrian- �1� 9,1Mn •111RIO., UP' , I,� „ • , ;' • mR scaled lighting. - • .•t • _ rL?L v.a C. ' , i , . : • Two primary north/south corridors r ;1,""` �� R f " ; ' ; n' for pedestrian and bicycle traffic in :,,� �i, =r. .- a1 si,,4 ,^ "' the form of on-street bike lanes on FIG. 1.1.0 2017 ViBe DISTRICT CONNECTIVITY VISION PLAN WITH 2019 UPDATES Cypress Avenue and wide sidewalks on Mediterranean Avenue. • Two primary east/west corridors for • More defined on-street parallel parking • Designated open spaces along 18th-22nd pedestrian and bicycle traffic in the form opportunities to support businesses and Streets for informal gatherings, events, of an 8' side path on 18th Street and wide residents on Mediterranean Avenue, 18th, outdoor art displays, and low impact sidewalks and on-street bicycle facilities 19th and 20th Streets. development (LID) facilities. on 17th Street. • Storm water and utility infrastructure upgrades. Resort Area Strategic Action Plan 2030 37 v r. 0 �_ r - -^ n , I ,�„ larn¢+rie:. _., • .... �r Y z ik Ar F V/. •`tau. 11 ' -� i tot , ' .�� iiirr`r ,; ,0 *' Its. ._____ ! ,.G -- 18' 0, -.r n Upgraded Sod Z•6_�� M.S.�, _/0'•Ir• • , k.lee ii.• 4 walk l .0../f1--.y4 h wF D�Snide'for Parking V-11-a .. eating Bike 6. lane SS Sr;;;--Y N'P ltayei Gana Tavel Lens Mk. 7 6" �Virlee) Optiptaei Gage Gan Arne, '.----------------- anprox.3.t8 �t,� ing Cartway -�`i _-----------'-----*-- 78 80 Right-Of-way - ___ _ FIG. 1.1.0 ATLANTIC AVENUE AT 17TH STREET—EXISTING CONDITIONS(TOP LEFT)AND CONCEPTUAL INTERIM OPTION FOR FURTHER STUDY: Dimensioned street section—off-season(on-street parking and dedicated bike lanes) This conceptual rendering was used to solicit liked: bike lanes in general,expanded outdoor plantings. Participants did not like having a bike feedback for Atlantic Avenue during a public dining areas, on-street parking, organized lane situated between a trolley and vehicle lane (in workshop and in an online survey. Participants street furniture and natural, native,salt-tolerant the summer season),as it made them feel unsafe. Resort Area Strategic Action Plan 2030 38 4.3 CONNECTED GREEN ` : . 4416 OPEN SPACES ....... _ - - -� 7 x The number one topic to come out of the ,,.«•• ;"""` ••-+ - ink•,,- • �1 •" '` public meetings and surveys was the need for06i �`� s ;"*".1 enhancements to the existing parks and the • k;;. ' ...,• creation of new parks and open space that ,-., -0, 001 - reach west and connect neighborhoods to Se , — the oceanfront. It is clear that residents and visitors enjoy the -.` beach but also need alternative places to go __ to enjoy the outdoors awayfrom the surf, FIG. 1.1.0 VINE CITY'S COOK PARK FIG. 1.1.0 QUINLI STORM WATER PARK y Atlanta,Georgia;photo by Darcey Kiefel By Turenscape,China sand and sun. Respondents noted that there are different needs for parks located directly / -;�.;.• �`".;;'. .•# ; ` �. ',- adjacent to the beach and boardwalk, and '' "'► those further inland. ` 1, `--,,„` • t i OCEANFRONT CONNECTOR PARKS: . 1) ,, I b i � , • Maintain public views to the water. ;,,� •-" - , • Improve existing connector parks by %' ` — - - - lltii adding new amenities such as event and \� v tri ,,} =' �� performance spaces, bathrooms and t € day-use showers. FIG. 1.1.0 YANWEIZHOU STORM WATER PARK FIG. 1.1.0 PERREUX RIVER BANKS By Turenscape,China By BASE Landscape Architecture • Do not add private amenities such as lockers and changing rooms. NEW/OFF-BEACH PARKS: j • Prioritize shade, public art, recreational spaces, and smaller amenities. 4 �� litllliilllil • Develop passive green/open spaces that connect inland neighborhoods FIG. 1.1.0 CONCEPTUAL VIRGINIA BEACH FIG. 1.1.0 CONCEPTUAL VIRGINIA BEACH to the beach. CONNECTOR PARK OCEANFRONT RESTROOMS Resort Area Strategic Action Plan 2030 39 OCEANA BLVD _ CONNECTED : o4 GREEN&OPEN SPACE • " LEGEND: • • 1 I Existing Parks • • et _ New Parks m, ti . Existing Trails/Paths owl Creek the OO ••••• Trails/Paths Proposed Multi-Purpose Golf Course ,v cr _ • SeataCk• v Y' i Comm Ptl ram°' I 0• f Creek I r I sr ,ar:^ •�-fe •Ot servatlor I I v .. t Area Pa, WiA I FN i.r_z '• I • • .� I w,•. I ffi o".r I �� . ;' Marshview w rH m ir., N BIRDNEC RD Tr Palk a Z K , ,-.: tc U cc 7 a i6r .0" i L •••• b4 , � R • SHAI)CWLAWN k. V Bed,II 'N • co N • e Z •' • 13 ` • • N I • O~I y N OLD BE AC rt • • uAeeNeg �2.....� N aaaaaaaapwes —•41 I HOLLY RD arcs t m • BALTIC AVE RUD At , � . •.,- . , #-- L •0.•41..a. 4. _ PACIFIC AVE we ; ,. j %.... , ..v. .. '— LOOP••.... w p ATLANTIC AVE q h 24th Sheol Oceanfront m , jg G..,.,n Bea Park a , , lira © :nd Park Oceanfront Beach Park Park ark No h Lod P 15th St Pier FIG. 1.1.0 CONNECTED/GREEN OPEN SPACE DIAGRAM Resort Area Strategic Action Plan 2030 40 RUDEE LOOP PARK / In the 2008 Resort Area Strategic Action Plan r s (RASAP), Rudee Loop was identified as a future development parcel and a public promenade I i i . !: opportunity - r;i J .. .r'' '`- ,1. • loop as the best location for a permanent, . k - "r - _... ,r world-class During meetings conducted by 4 ' the RASAP Steering Committee to receive ' `- %1r•,�'" ,, -- citizen comments and suggestions, many f citizens expressed interest in devoting all or -,. `'; r. - ?� ' a significant portion of Rudee Loop to an oceanfront public park. On this page, you will \i see the existing conditions including temporary FIG. 4.3.7 RUDEE LOOP—EXISTING CONDITIONS FIG. 4.3.8 "WORLD BELOW THE BRINE"SCULPTURE art that has recently been introduced. Current by WPA&Piece of Cake Productions—Virginia Beach,Virginia zoning (OR, Oceanfront Resort) allows for ©YuzhuZheng mixed use development with a variety of building types. When considering any type of development, public views to the water should be maintained. 4�" e feels strongly that Additional investigation, both of the `--z - ..Y • �. 1 costs and benefits of various alternatives for ," . development of this unique property as well asi • " 'i- -�-----=--_. � -. additional citizen input is needed before any i 4' ' '� `'" decisions are made or any design work begins in the Rudce Loop area. concerning its future. . '' F t. ---- ' - eseoe FIG. 4.3.9 PRECEDENT IMAGE—SOUTH POINTE PARK by Hargreaves Associates—Miami,Florida c Miami Paradise Pass Resort Area Strategic Action Plan 2030 41 During the 2019 RASAP process, thousands of citizens weighed-in and stated that a- C.O. open space should N. ATLANTIC OCEAN be maintained in this area 'E— °` Loop should be converted into a public park. .„ The adjacent renderings shows erne multiple 0 %6ING ` RES ROOM "'', �` EN a an ro. R concepts of how Rudee e or''' E .. r4 / Loop could be improved. lit4 .„ The Rudee Loop Renderings was were used \ 0 - `'. „ . '' ti ... ,.-, - L ^ -.Ay ' o as a tool to elicit feedback on the proposed * . park elements during the public meetings and ' �" +- 11 '''',,,4,.. 00 survey. Here is how the various park elements =c ., a2 'n, -, . .. . '10 �13 '° E J p ranked when citizens were asked what they --.—==,� •",...•",...thought about the park amenities shown: i a. �, U.ECIOR WAIF m r LOVE IT/ LIKE IT c y m + ✓ e a n +'x x •x nc a e vx, m a5 P nw0 z,.em,�`v,.+lS 'Mnd.mu • 1. Green / Open Space (88%) FIG. 4.3.10 RUDEE LOOP RENDERINGS—CONCEPTS FOR DISCUSSION AND PUBLIC • 2. Stage & Plaza (71%) INPUT ONLY • 3. Surfboard Storage & Outdoor Showers (71%) 1. Parking Garage 11. Sculpture & Shade Structure • 4. New Parking Garage & Development 2. Park Parking 12. Accessible Parking (63%) 3. 13. • 5. Skate Park (63%) 4. Multipurpose Court 14. • 6. Dog Park (63%) 5. Public Seating 15. Stage & Plaza • 7. Sculpture Alley (53%) 6. Bike-Racks 16. Sid-rfiftg-A-rea • 8. Basketball Courts (32%) 7. Meadow 17. 8. Restreems 18. flood Gate PLEASE NO 9. Game Deck • Skate Park (33%) 10. Playground • Dog Park (31%} • New Parking Garage & Development {2 G-96} Resort Area Strategic Action Plan 2030 42 4.4 SENSE OF ARRIVAL LEGEND OCEANA BLVD & WELCOME CD Gateways Public art gateways are a wonderful �.- "` v way to create a sense of welcome z and arrival for visitors. The vision for ,pejRON the Resort Area includes providing 4-RD NORFOLK AVE t ' , " t ; GATEWAY 5 t a simultaneous sense of calm and 0 17TH STREET/ renewed energy. There are several GATEWA VIRGINIABEACH BLVD key gateway locations in the Resort cs-tiF,Q 0 Area and each should be designed to 9`e.0 m "eIRDNEC RD define the character of each district. 'tie „to It will be important to budget for and ``o /�GAT AQUARIUM m _ ., . assign a committee to oversee the ( 1 it • z 21STI22NDGATEWAYSTREET r'Py ��+d 3 design of proposed gateways. . �n ti, k. „ PRIORITY GATEWAY: 0. CYPRESS AVE 0 F' co ASKIN • 21 st Street = MEDITERRANEAN AVE 1- o GATEWAY to = N N `" BALTIC AVE • HOLLY RD '•�c�,PnM RUDEE BRIE a ARCTIC AVE NORTH END GATEWAYS FOR FURTHER STUDY: GATEWAY r - _ ,d GATEWAY RUDEE �.' PACIFIC AVE;4 '} • 17th StreetNirginia Beach LOOP ATLANTIC AVE 021ST GATEWAY j ��/// Boulevard ._ • Atlantic/Pacific—transition u.,w�" from North End into Resort Area FIG. 1.1.0 GATEWAY MAP • Rudee Bridge • Norfolk Avenue w \\\k' • General Booth at the Aquarium • . _ • 21st Street at Atlantic/Pacific 1 • Bay Bridge Tunnel (off-map) •• „ •, y : • • � - COMPLETED GATEWAYS: FIG. 1.1.0 "THE WAVE BYJEFF LARAMORE • Laskin Gateway Laskin Gateway,Virginia Beach,Virginia Resort Area Strategic Action Plan 2030 43 PAVILION CENTER 1 - MOCA - R w r fie^''�x 5M Y + „Rw -- " 9 1 . .,f% " . n i ,V_ N. d,. M -ter' 6r WT . 14 " . 3•..., .ram r i ( s(+ „ VIRGINIA REACH • '' Al.. � CONVENTION CENTER 1 s l FIG. 1.1.0 RESORT AREA GATEWAY—CONCEPTUAL RENDERING FOR DISCUSSION AND PUBLIC INPUT ONLY 1. Naturalized Area 8. Horticultural Display Gardens . 2. Storm Water Pond/ Floodable Gardens 9. Parking Lot ,iv.. - V _= 3. Deck Overlook 10. Fountain & Interactive Art :: 4. Looped Trail 11. Projected Art r- 5. Public Park 12. Visitor Center/MOCA campus 6. Public Art—Gateway Sculpture 13. Welcome Arch Pergola FIG. 1.1.0 21ST STREET GATEWAY—EXISTING 7. Turnaround 14. Perimeter Trees & Lights CONDITIONS NOTE:A majority of survey respondents supported the development of this gateway if the Virginia Museum of Contemporary Art (MOCA) is the anchor for the space. Resort Area Strategic Action Plan 2030 44 GATEWAYS �,, ,oIw I if ,. Precedents for public art gateways have , r';��`'` ==_-4' �� 'IJ-��' ";,,, ;�„�.- ^ .:. �P, .:i°'.1,�.�i ,vim• l ~4 been selected and shown on the following `' a � �% . �4i ,' ' fr,- -•:•;',";.►.;,`7i'' _.. ; pages. They include large arches, specialty r - �, = ;` %; °:;v .'• lighting, abstract seaside themes, and natural `# �.• ,- �:' `1.' �A�sr� =+'' '..ram 4..; 7 vegetation growing up into canopies. Organic , . -1,su „i1lll,,A:,V;. '�; h' 1'' �' forms and bright colors connect people } 4 ►' '': V' i"�.:"•'m'3': 0 .1 'i ; itti ...Jai 9 to nature and let them know that they are M I, r.,,',,• "'_ L o;�ri' _ entering into a special area. -•�� %2;.r The conceptual rendering of the 21st Street FIG. 1.1.0 "GARDENS BY THE BAY" FIG. 1.1.0 UNKNOWN gateway (previous page) includes a large, SUPERTREE GROVE arched pergola sculpture with vines growing Singapore up and over the street, creating shade and ( slowing vehicles as they enter into the resort ..� r'",1 „ ' e ,. area. Additionally, there is a large naturalized �l `� " - - i area that puts Virginia Beach's storm water •,•t A �t•;r. green infrastructure on display for educational ' AI a. I t. rrvr ; ,rt and recreational uses. a i • • . .A. _ ICI :; FIG. 1.1.0 GASLAMP QUARTER FIG. 1.1.0 PEMBROKE PINES GATEWAY San Diego,California Pembroke Pines,Florida f • „ I . •O"'" t>, 4 i 1^� ► ri" a/ -,,A , - ,, I ..i iii 1' FIG. 1.1.0 WITCHDUCK ROAD FLYOVER FIG. 1.1.0 BROADWAY VIADUCT GATEWAY FIG. 1.1.0 LESNER BRIDGE—DONALD LIPSKI Virginia Beach,Virginia Council Bluffs,Iowa Photography by Craig McClure 78744 0 2018 ALL Rights reserved by City of ®2015 Ed Carpenter Virginia Beach Resort Area Strategic Action Plan 2030 45 4.5 PUBLIC & PRIVATE LEGEND OCEANA BLVD DEVELOPMENT Resort Area Boundary Water OPPORTUNITIES _ Seatack Neighborhood—.4 Protection Zone \ "///z Key Development Areas Key development projects will be O Fom Based Code zone re needed to increase density and t , Y r--, Federal Opportunity Zone 442 ejR�N '',,. .. -, a achieve the goal of a year-round , resort. Below are a few examples of kRD ....".„„ developments in progress as well as i y,. future opportunities: cFN� ,// 1. Virginia Aquarium Expansion '9<e�o 0� ° ;;� 9p O r =/ N BIRDNECK RD 2. Atlantic Avenue Corridor y°< :,� ` / W j 3. Sports Center `� / j/ �ia'nr 4. Convention Center Hotel - .e /(> j 5. Visitor Center/21 st Street �� " ._�y" �4 , CYPRESS AVE (} j 1 ~ Gateway = MEDITERRA AN AVE - - 6. Marina District Improvements % �� y BALTIC AVE HOLLY RD 7. 17th Street Corridor , m ARCTIC AVE _ RUDEE - . xa r 8. Rudee Loop LOOP-•.._• ' -- i ATLANTIC AVE X 1 9. Dome Site —,.._ 10. Fishing Pier (private or ' public partnership; multiple FIG. 1.1.0 DEVELOPMENT OPPORTUNITIES MAP location options) 11. Potential redevelopment area With development opportunities come the responsibility of The Federal Opportunity NOTE: Numbers above are used to respecting and rehabilitating the historic properties in the Zones incentive is a key development opportunities resort area. Adaptive reuse projects are a sustainable way community investment tool to the map and do not in any way to preserve the history of the area. New urban infill projects established by Congress in represent order of priority or the will need to take a look at historic structures on adjacent the Tax Cuts and Jobs Act of potential for public funding sites and respect those buildings both in massing and with a 2017 to encourage long-term contemporary compatible design. investments in low-income urban and rural communities. Resort Area Strategic Action Plan 2030 46 THE SPORTS CENTER The new Virginia Beach Sports Center will be capable of hosting National Collegiate Athletic Association (NCAA) and World Indoor Track & field Tournaments Y. 1 :, . with seating for over 5,00O and ,r ''"111101111 will be the largest multi-purpose L basketball/volleyball/wrestling `' r ;II ^ ' indoor facility on the East Coast. ,* "PIPO.C/11,1 , , b , _._ The Center includes courts, indoor ' — . ";!Yk.. ram. track, spectator seating, kitchen/ ..,, a cafeteria, meeting rooms, an exhibit 41/0 area along with an entry plaza area FIG. 1.1.0 VIRGINIA BEACH SPORTS CENTER directly across from the Virginia By Hanbury,Clark Nexsen,MEB&Eastern Sports Management Beach Convention Center. DOME SITE The redevelopment of the 10-acre _ Dome site aims to bring new life to a i1 ii `i longtime destination site in the heart » ■,"� �;, :: _ ■, e, I1111111 , of the resort area. The Atlantic Park amir"""'ill .MI VI. Mil := —� -. ....- i • 1.1• project includes a "world-class surf (, 7-, .. '� park, a 3,500-person entertainment I, . . -T . , ■l .Vim;mi,a; ......_._ . tIl MINI ._ ••„n, f r ' .,,`,.' venue, office space, urban residential 44 `- . . -'-"`* " - units, retail, and restaurants—all '� "'�� V r. ` . connected by a walkable, park-like I....' _ s'tors- � v�.' _ tr•=--�r„ .,Maas _ - � atmosphere." ..., +w.. tutL icor — �. ,...- ..., •a ,, �.t,,,a I t..tw; FIG. 1.1.0 DOME SITE DEVELOPMENT "Atlantic Park"By Hanbury&Venture Realty Resort Area Strategic Action Plan 2030 47 THE MARINA DISTRICT t ,: -, � p.,s, t .� -".' 1,.1 Q ,� The 2008 RASAP plan called for F w", 4s..' " , ' M '• - ? ... 1 • '�,%'.' redevelopment in the Marina ,t - .. .'►" itt �yy',,_ l r;.. E = -^` °.�° '0 District. Since that time, property "- 1 ,i ' " ,*. 'r • *,., •• � ._.S . EAVEN •^ lS owners in this area have been 1 ., R. r`'= : ` t - a to working together to plan a mixed- " • • •use, walkable, family-friendly ,� E k ''� •;' environment and have approached it...--.:, - _ } e z;;; % `CO city staff about their plans. " _ •,,1' J —;, 5�r�;, r 5 ,© - in!• The adjacent graphic depicts general = • `" �. - 0•' �,. -, " 0 s►� f„1s-• 90"'''J -Vc1' _" 4 ideas about the site as depicted on • ..`'•' :,.. •'�` "`,•r ` •' �'•Via`1�`� ,:'.s 1 �4 ..4,1.' 1 an update to a graphic in the Owl • ' r _ Creek Master Plan. The development iI11,• ' ' ,p ��' ,1 ��1� , t 11t- t tr_ 17, -el _ ;� � : will connect to Rudee Loopand the i)1 �a • ^' " — _ , : 1 `,tt1 �. greater Resort Area and wl respect - '- 1. 11��F R 1-'- ''1, ` '= ; : � the adjacent neighborhoods by +►a yr �" ',� �1 .•' - � providing adequate parking on site. i� �'" • The RASAP Steering Committee _ , r, JO. , • highly endorses a comprehensive a "' ` 1�� 1�1 ,.� s public process for this t ;G •,w �,), �' _ •' ""' r? redevelopment. _ c ,e4 . p,�1�`1 = Pp •r . � •pt. 4 t —% ,r- .0° 4.‘ , . #0? ! . • •. • 6. "--Jr.:- . tirtrw� #w ~ r s/ ike/4 1. Winston Salem Avenue Improvements(CIP 9-006) 7. Residential Above Parking(2 levels,27,000 sf.) 13. Existing Fisherman's Wharf Marina 0 20' 100• 200' 400' 2. Existing Rudee Walk Connection To Beach Boardwalk 8. Surface Parking(40 spaces) 14. Existing Water Table Event Venue 3. 12-Story,120 sf office or hotel tower 9 Exisnng Residential Structures 15. Existing Rudee's Restaurant r.i00•-0- 4. Residential Above Parking(5 levels,67,500 sf.) 10. Existing Apartments/Codominiums 16. Arrival Court 5. Parking Structure(5 levels,320 spaces) 11. Residential Above Parking(4 levels,77,000 sf.) 17. Existing Rockafeller's Restaurant 6. Plaza with Adjacent Ground Floor Commercial(6,000 sf.) 12. Parking Structure(4 levels,320 spaces) 18. Water Taxi Stop FIG. 1.1.0 MARINA DISTRICT—2019 UPDATE TO OWL CREEK MASTER PLAN Resort Area Strategic Action Plan 2030 48 THE VIRGINIA AQUARIUM &MARINE I TuR I SCIENCE CENTER i D REFNUO VAT FON 1'',.., t 1 The Virginia Aquarium & Marine , .,., Science Center is the most NEW ENTRY 8, ., PINNIPED EXHIBIT A. EXPANSION visited cultural attraction in the A Commonwealth of Virginia with ... approximately 700,000 visitors each year. Survey respondents c PEDESTGERIAN BRID and public workshop attendees overwhelmingly supported the Virginia Aquarium & Marine Science . •N Center's expansion plans. FUTURE PARKING g GARAGE LOCATION Pictured to the right is a conceptual ...-------------1 •.__ _. A -- master plan and rendering that shows a new entry with an exhibit FIG. 1.1.0 VIRGINIA AQUARIUM &MARINE SCIENCE CENTER—CONCEPTUAL EXPANSION MASTER PLAN for sea lions and seals. Adjacent to ., ' the new entrance is an addition on the existing parking lot, an interior renovation, and a new 1,800 space . ..., parking structure across the street, - .' ..-4 - , 4 , with a landscaped pedestrian bridge. , . A, ,., , cfi _ _ The parking structure could . ;I) - ,.,- r''' :---- __ be multi-purpose serving the ,, wr.ow • 1 . ',, - '`',• '- .:.)- --------- i ° 0 ft,-..- - N,041 --- oceanfront during events, with .... . ''44! ' '' A - i i ll I - r IPS / .. '''''''''-'' " ' r 1 flr shuttles to the center of the Resort '-... ', '' ,,,,-> • -....• -- ',. ' , ,,,,„. 4.4'4..4.: , fp , :,..-A i, . '7,,.-,•,•.' ' ,-,..- 44(A. . wt•-.,,4,, , ... , - .'" to•ii"!--1-4:- -4Iet7 ._ -i,' ''',4,:;*I - .,' : t't.' ;:z.j, '' '-1.,,TC 41,,•'4.,:i, •tt''l P.. -, ,,' a ' , Ik ...I...." I' ..., , ----- .VIOR.!.. 0,4.4' Nici i.:e.e' ,n APS 114,, `1%rie Afp A 'A.v.' 1.; •11011Mmt FIG. 1.1.0 VIRGINIA AQUARIUM &MARINE SCIENCE CENTER—CONCEPTUAL EXPANSION RENDERING Image provided by the Virginia Aquarium&Marine Science Center.CRoTo Architects Resort Area Strategic Action Plan 2030 49 4.6 RESIDENTIAL & MIXED-USE - �, DEVELOPMENT r e Residential developments will be needed ! ; rq to achieve the goal of a year-round resort. .,„ ` A/ L£1 1 ',i1 ka Market rate, workforce housing, affordable /0 /I � , housing, J-1 housing and office uses are critical / components as they will enable the Resort Area '' j 6 "" � t to be a walkable community and will alleviate a. 11 congestion and parking issues. "' "" + " )-- 6 , , CONTENT GOAL: FIG. 1.1.0 SEASIDE HARBOR Wherever possible, support/incentivize Virginia Beach,Virginia • mixed-income residential development that provides housing that can support moderate income households and the resort area workforce. �, ''O ,�„ � x is IN �' 1Mat 4Ilffi z e t 1 1 u N PRODUCTION GOAL: , '�^ f .r''1I1 " ! • Seek to ensure that 15/20% of residential !w,,, ' 'h - ,� ! a development is affordable and/or 'lr ! rr workforce housing,to help ensure housing opportunities for the resort area workforce FIG. 1.1.0 SUMMER HOUSE APARTMENTS Virginia Beach,Virginia and for a diversity of households. ACCESSIBILITY GOAL: 1 • Ensure accessibility is provided in new 41, �� residential development to ensure access i1 „ 4, for people with disabilities. initzt, Uh., , 1 I 1 1 1 I ' 1 .' , 'i i 1. FIG. 1.1.0 SUMMER HOUSE APARTMENTS RETAIL Virginia Beach,Virginia Resort Area Strategic Action Plan 2030 50 DESIGN PRINCIPLES: In developing new, multifamily and mixed- use buildings, it is important to consider the following: i ,,z, ' 1,1 • New residential properties should be / located west of Atlantic Avenue to allow LLLi ... flii the beach and resort to focus on tourism IN ..t II ill �� ' ,, N•' opportunities. • i ► % . �;;L4.• 1` • Incorporate a Collaborative Public Process. , --- • Respect the Neighborhood Context. z_____ • Connect to the Street and Pedestrian FIG. 1.1.0 TWENTY TWO NEPTUNE Network. Virginia Beach,Virginia • Keep Blocks to a Neighborhood Scale. I 4 1_- • Place Buildings around the Perimeter of \ Blocks; Conceal Parking in the Center. LJ rl di 1_ ,11 • Provide a Mixture of Building Types (no E 0 i . ., full-block buildings). ' , it, Iti • Provide Amenities for both the Residents ._.' and the Neighborhood. ............ • Place windows, doors, and porches to allow FIG. 1.1.0 SINGLE-FAMILY WITH SHARED PARKING for maximum neighborly interaction with Virginia Beach,Virginia the street and with other neighbors. li • Provide ground-level transparency for retail ' and commercial uses. f;OOOOOO "• -. 9 ■ •u•a• ■•a - • If the above principles are followed, new •::t•'x,•r e, :'; residential should have a positive effect in �,�11�J ,, ,�� I la11 ll building the necessary density to allow for Li >;-, •: ,.fr a year-round resort. t it' � + FIG. 1.1.0 JEFFERSON MANOR Historic Midcentury Modern—Virginia Beach,Virginia Resort Area Strategic Action Plan 2030 51 5. IMPLEMENTATION RASAP 2030 PRIORITY ACTION ITEMS: (not in order of priority) • Adopt best practices of a Central Management Entity: prioritize shade, public art, recreational spaces and Keep the Resort Area green, clean, safe, and welcoming amenities » Investigate funding stream for enhanced services • Develop passive/green open areas that connect inland neighborhoods to the beach • Develop a comprehensive Mobility Plan that addresses: • Collect, retain and drain storm water with green • Pedestrian circulation infrastructure (coastal resilience) • Bike circulation • Design and construct a gateway at 21st Street that » Public transit provides a sense of arrival: » Vehicular(rideshare and private) circulation and traffic » Incorporate public art, projection art and significant calming landscape and artistic lighting components • Parking • Support impactful projects that benefit the Resort Area • Design and implement streetscape improvements: and the City of Virginia Beach: • 17th Street/Virginia Beach Boulevard Convention Center Hotel • Atlantic Avenue » Dome Site Pacific Avenue • Fishing Pier » Streetscape improvements to include: Marina District Improvements Outdoor amenity spaces/outdoor dining Rudee Loop Park Green infrastructure/pervious paving/landscaping and Virginia Aquarium & Marine Science Center sidewalk organization standards Expansion Site furnishings • Support residential and mixed-use development in the Resort Area Signage and wayfinding • Connected Green/Open Spaces: Maintain public views to the water • Improve existing connector parks by adding new amenities (event/performance spaces, bathrooms and day-use showers) • Designate new, off-beach parks and open space areas that Resort Area Strategic Action Plan 2030 52 5.0 PROJECT MATRIX TABLE 5.1 PROJECT MATRIX The following project matrix sets a Priority Action Item Schedule framework for project implementation in Central Management Entity Short short, mid, and long-term phases. Mobility Plan Short Short 6 mo.—2 yrs. Detailed Streetscape Design Short—Mid Mid 2 yrs.— 5 yrs. Connected Green Open Space Short—Long Long 6 yrs.— 10 yrs. Resort Area Gateway Mid Support Impactful Projects Short—Long Support Residential&Mixed-Use Short—Long The RASAP short term priorities listed Development here are executable with existing 'footnotes resources and Tourism Investment Program (TIP) funds. Mid-term and long- term priorities such as streetscape design will continue to be addressed through future planning efforts and funding capacity assessments. 1 : - ..._ . '. ,0 '41'4 1 -' I Lpi° , .;''' * jillr' ': i' I I, , oirj., . ,,,,, , vai i•- ' .-1...:.. . 1 Ria _., ----- . - .-_ . . IP"'Vt'f•• 'Tit k - r , , 1 1 r. i .."/ , Ilt . , 4. , . i)i, t w .s`r"�.�_..�' r Yrrnrrr=`�� .Aiii�r • - .• '� w�c , � ( • ' 4-'1 '• ' • ' 4,simme,m,::;:iige# . d ^.'• kNOt•-,... ;'!%e!..gyl,_).. .r 4...., .. . -# .10 4 wy" ✓ i ...hy, .If ,04114 .,��" _4 .r}'. -. '�.. • - .4�.'. '1„ .+¢,a� ^.#a* .. 1..1 FIG. 1.1.0 ViBe DISTRICT MURALS Virginia Beach,Virginia Resort Area Strategic Action Plan 2030 6. APPENDICES 6.0 GLOSSARY AFFORDABLE HOUSING: Housing priced so that PARKLETS:A small park or seating area that SHARROW:On-road shared lane markings. rent or mortgage plus utilities does not exceed occupies a parking space. 30% of income of the target market. SMART CORRIDOR:A street that is monitored PASSIVE PARK:A park area that requires little to and managed by systems that minimize COASTAL RESILIENCE:The ability of a no maintenance and only supports activities congestion. community to withstand, and recover from, that require no structures, equipment, or threats from coastal environments such as programming. STORM WATER:Water runoff from rain. flooding and storms. PERVIOUS PAVING: Pavement that allows water to TIP FUND: Provides funds for tourism related CONNECTOR PARKS:Small public spaces that seep down into the soil or a storage area below. capital projects and initiatives. connect the Boardwalk to Atlantic Avenue. PLACEMAKING: Designing and managing public TRAFFIC CALMING: Strategies that create an CURB EXTENSIONS:An extension of the sidewalk spaces in a way that encourages people to use environment that causes drivers to drive more at a crosswalk that narrows the street. them as part of their social life. slowly and carefully, increasing safety for pedestrians. CURBSIDE MANAGEMENT:A plan and practice RIDESHARE:Services that provide prearranged that organizes the various elements that rides for compensation using a digital platform WAYFINDING:Signage specifically designed to contribute to street level vibrancy in order to that connects passengers with drivers using a help people get from one place to another. have uncluttered, walkable sidewalks. personal vehicle. WORKFORCE HOUSING: Housing priced to be GREEN INFRASTRUCTURE:Landscaping and SEA LEVEL RISE:The increase in the sea level affordable for middle-income families. vegetation that are used to store and treat elevation due to numerous factors including storm water. thermal expansion of water in the oceans and melting of glaciers. J-1 HOUSING: Housing for seasonal workers in the United States with a J-1 Visa. SHARED MOBILITY DEVICES: Small transportation devices such as bicycles and scooters that users MOBIITY PLAN:A plan that coordinates available rent using a digital platform such as an app. means of transportation to ensure that people have options in getting where they need to go. Resort Area Strategic Action Plan 2030 5'� 6.1 LIST OF FIG. 1.1.0 LIST OF FIGURES Fig.1.0.0 RASAP Steering Committee 4 Fig.4.0.13 La Jolla Blvd. (After traffic-calming &beautification project) 19 Fig.2.0.0 2008 Resort Area Strategic Action Plan 7 Fig.4.1.0 E-Pioneer scooter 20 Fig.2.0.3 Laskin Gateway—2008 Plan 8 Fig.4.1.1 E-Cruiser 20 Fig.2.0.1 Marina District—2008 Plan 8 Fig.4.1.2 Bike rack in the vibe 20 Fig.2.0.2 Central Beach District—2008 Plan 8 Fig.4.1.3 Water Taxi 20 Fig.2.0.4 Oceanfront Corridor—2008 Plan 8 Fig.4.1.4 Beach Shuttle 21 Fig.2.0.5 2008-2018 Resort Area developments 9 Fig.4.1.5 Mobility Improvement Diagram 22 Fig.3.0.0 Something In The Water Festival 2019 10 Fig.4.1.6 Bicycle/Pedestrian/Micro-Mobility Fig.3.1.0 District&Oceanfront Corridor Map 11 Circulation Diagram 23 Fig.3.1.1 Resort Area Strategic Growth Area Boundary 12 Fig.4.1.7 Protected Bike Lanes—Arlington, Virginia 23 Fig.3.3.0 Public Workshop Images 14 Fig.4.1.8 Public Transit Circulation Diagram 24 Fig.4.0 Rendering Of The Future 17Th Street Corridor 15 Fig.4.1.9 Virginia Beach Resort Trolley 24 Fig.4.0.0 Coligny Circle 17 Fig.4.1.10 Vehicular Circulation Diagram 25 Fig.4.0.2 Promenade Street 17 Fig.4.1.11 Automated, Self-valet 25 Fig.4.0.4 Piazza Della Famiglia 17 Fig.4.1.12 Existing Public Parking Diagram 26 Fig.4.0.1 Boardwalk 17 Fig.4.1.15 Resort commercial lots&VB Parking 27 Fig.4.0.3 Venice Beach hanging street sign 17 Fig.4.1.13 Smart Parking Display 27 Fig.4.0.5 The Plaza In City Place 17 Fig.4.1.14 Smart Parking App 27 Fig.4.0.6 Old Beach Farmer's Market 18 Fig.4.2.0 17Th Street(existing conditions) 28 Fig.4.0.8 Jazz On The Beach 18 Fig.4.2.1 17Th Street(conceptual rendering of future streetscape—to be designed) 28 Fig.4.0.10 Community Yoga 18 Fig.4.2.2 Bike Lanes 29 Fig.4.0.7 Sail-In Cinema 18 Fig.4.2.4 Bike Trails 29 Fig.4.0.9 VA. MOCA Boardwalk Art Show 18 Fig.4.2.3 Multi-Use Path 29 Fig.4.0.11 Spruce Street Park 18 Fig.4.2.5 Coligny Beach Park 29 Fig.4.0.12 La Jolla Blvd. (before) 19 Resort Area Strategic Action Plan 2030 55 Fig.4.2.6 Commercial Street 30 Fig.4.2.30 Outdoor dining lighting 36 Fig.4.2.8 Pocket Patio 30 Fig.4.2.31 The Cavalier Hotel 36 Fig.4.2.10 Lincoln Road 30 Fig.4.2.32 Tautog's Restaurant 36 Fig.4.2.7 Pocket Plaza 30 Fig.4.2.33 2017 ViBe District Connectivity Vision Plan with 2019 updates 37 Fig.4.2.9 Coligny Circle 30 Fig.4.2.34 Atlantic Avenue at 17Th Street—existing conditions (top left)and Fig.4.2.11 Downtown Street 30 conceptual Interim option For Further Study 38 Fig.4.2.12 Mid-Block Curb Extension 31 Fig.4.3.0 Vine City's Cook Park 39 Fig.4.2.14 Intersection Curb Extensions 31 Fig.4.3.2 Yanweizhou Storm water Park 39 Fig.4.2.16 Full-Intersection Crosswalk 31 Fig.4.3.4 Conceptual Virginia Beach Connector Park 39 Fig.4.2.13 Mid Block Crossing 31 Fig.4.3.1 Quinli Storm water Park 39 Fig.4.2.15 Mid Block Crossing 31 Fig.4.3.3 Perreux River Banks 39 Fig.4.2.17 Planted Curb Extensions 31 Fig.4.3.5 Conceptual Virginia Beach Oceanfront restrooms 39 Fig.4.2.18 Covered Bike Storage 32 Fig.4.3.6 Connected/Green Open Space Diagram 40 Fig.4.2.20 Hydration Station 32 Fig.4.3.7 Rudee Loop—Existing Conditions 41 Fig.4.2.22 Newsstand (front) 32 Fig.4.3.9 Precedent image—South Pointe Park 41 Fig.4.2.19 Proposed E-Scooter Parking 32 Fig.4.3.8 "World Below the Brine"sculpture 41 Fig.4.2.21 Bryant Park Litter Receptacles 32 Fig.4.3.10 Rudee Loop Rendering—Conceptual Rendering for discussion and public input only 42 Fig.4.2.23 Newsstand (back) 32 Fig.4.4.0 Gateway Map 43 Fig.4.2.24 Watershed map 33 Fig.4.4.1 "The Wave by Jeff Laramore 43 Fig.4.2.25 Rendering of recommended Rudee Inlet Gate typology 34 Fig.4.4.2 Resort Area Gateway—Conceptual Rendering for discussion and Fig.4.2.26 Rendering of raised seawall and sliding flood gate at oceanfront boardwalk 34 public input only 44 Fig.4.2.27 Rain garden in Bay Area Greenbelt 35 Fig.4.4.3 21St Street Gateway—Existing Conditions 44 Fig.4.2.28 City-wide structural alternatives for coastal flood protection 35 Fig.4.4.8 Witchduck Road flyover 45 Fig.4.2.29 Outdoor plaza lighting 36 Fig.4.4.4 "Gardens By The Bay" Supertree Grove 45 Resort Area Strategic Action Plan 2030 56 Fig.4.4.6 Gaslamp Quarter 45 Fig.4.4.9 Broadway Viaduct Gateway 45 Fig.4.4.5 Unknown 45 Fig.4.4.7 Pembroke Pines Gateway 45 Fig.4.4.10 Lesner Bridge—Donald Lipski 45 Fig.4.5.0 Development Opportunities Map 46 Fig.4.5.1 Virginia Beach Sports Center 47 Fig.4.5.2 Dome Site Development 47 Fig.4.5.3 Marina District—2019 update to Owl Creek Master Plan 48 Fig.4.5.4 Virginia Aquarium& Marine Science Center—Conceptual Expansion Master Plan 49 Fig.4.5.5 Virginia Aquarium& Marine Science Center—Conceptual Expansion Rendering 49 Fig.4.6.0 Seaside Harbor 50 Fig.4.6.1 Summer house apartments 50 Fig.4.6.2 Summer house apartments retail 50 Fig.4.6.3 Twenty Two Neptune 51 Fig.4.6.4 Single family with shared parking 51 Fig.4.6.5 Jefferson Manor 51 Fig.5.0.0 ViBe District murals Virginia Beach,Virginia 53 Fig.6.1.0 ViBe District mural by Lisa Ashinoff Virginia Beach,Virginia 58 Resort Area Strategic Action Plan 2030 57 i 2 "s \A..k. / w • .a `� iiimim''"ppopo' . 111 ... -OD ....••teAll Immo r Dr- I11 ® = 1 '11-114 I' ® li iii ............----- -.r ...... ir-rn I IIIIM ,.•.z.......---••••is . = :::..........________7___r_lmw—Lori P11.19 —_—_ i■�� ► -T• �- _ ir- ,i ._ R "i _ __ _ jig FIG. 1.1.0 VIBE DISTRICT MURAL BY LISA ASHINOFF Virginia Beach,Virginia vui; Ell S G A YARD t COMM WORK PROGRAM ARCHITECTS Resort Area Strategic Action Plan 2030 58 L. APPOINTMENTS 2040 VISION TO ACTION COMMUNITY COALITION ADVERTISING ADVISORY COMMITTEE ARTS AND HUMANITIES COMMISSION AUDIT COMMITTEE BAYFRONT ADVISORY COMMISSION BIKEWAYS AND TRAILS ADVISORY COMMITTEE BOARD OF BUILDING CODE APPEALS BOARD OF ZONING APPEALS CHESAPEAKE BAY ALCOHOL SAFETY ACTION PROGRAM CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS CLEAN COMMUNITY COMMISSION COMMUNITY ORGANIZATION GRANT REVIEW&ALLOCATION COMMITTEE COMMUNITY POLICY AND MANAGEMENT TEAM COMMUNITY SERVICES BOARD HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMISSION HUMAN RIGHTS COMMISSION MINORITY BUSINESS COUNCIL OLD BEACH DESIGN REVIEW COMMITTEE OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PROCESS IMPROVEMENT STEERING COMMITTEE RESORT ADVISORY COMMISSION SENIOR SERVICES OF SOUTHEASTERN VIRGINIA SOCIAL SERVICES BOARD VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION VIRGINIA BEACH TOWING ADVISORY BOARD WETLANDS BOARD M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT *********************************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ***************************** The Agenda (including all backup documents) is available at https://www.vbgov.com/government/departments/city-clerk/city-council under the eDocs Document Archive. If you would like to receive by email a list of the agenda items for each Council meeting, please submit your request to pmcgraw@vbgov.com or call 385-4303. CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS SPECIAL MEETING BY ELECTRONIC COMMUNICATION MEANS B E DATE:05/05/2020 PAGE: 1 R A L H W W AGENDA B U E J R T I 0 ITEM# SUBJECT MOTION VOTE BC D N OMO 0 L W O O C Y L NOUWS 0 T THEE E S S E O O E T I R Y S S ERNDN II. CITY MANAGER'S BRIEFING A. COVID-19 UPDATE Dr.Demetria M. Lindsay,Public Health Director Erin Sutton,Director- Emergency Communications Ill. CITY COUNCIL DISCUSSION MOVING FORWARD WITH DELAYED PLANNING AGENDA ITEMS and POSSIBLE ADDITIONAL FORMAL MEETING DATES IV. CITY COUNCIL RECONCILIATION FY 20-21 RESOURCE MANAGEMENT PLAN(Budget) Operating and Capital Budgets V. 1 Ordinance to TRANSFER$2-Million from the ADOPTED 9-2 Y Y YNN Y Y Y l Y l Tourism Investment Program(TIP)Fund to the Tourism Advertising Program(TAP)Fund re increased advertising and marketing efforts —Requested by Council Member Tower VI. ADJOURNMENT 7:31 PM CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS SPECIAL MEETING B DATE:05/12/2020 PAGE: 1 R A L H W W AGENDA 0 B U E J R T 1 ITEM# SUBJECT MOTION VOTE B C DNOMOO L W 0 O C Y L NOUWS O T T HEE E S S E O O E T I R Y S S E R N , D N 1 II. CITY MANAGER'S BRIEFINGS A. COVID-l9 UPDATE Dr.Demetria M. Lindsay,Public Health Director Erin Sutton,Director- Emergency Communications RonaldHWilliams,Jr., Deputy City Manager B. CITY MANAGER SEARCH UPDATE Regina Hillard, Director—Human Resources III. ORDINANCES/RESOLUTION A. FY2020-21 RESOURCE MANAGEMENT PLAN 1. RECONCILED PROPOSAL a FY2020-2021 Operating Budget 1 Ordinance to APPROPRIATE$2,903,705,923 ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y ' consisting of $590,252,110 in inter-fund CONSENT transfers, $227,393,881 for internal service funds and $2,086,059,932 for operations for Fiscal Year beginning July I,2020,and ending June 30,2021 2 Ordinance to ESTABLISH the Tax Levy of One ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Dollar and one and seventy-five hundredths of a CONSENT cent ($1.0175) on each one-hundred dollars ($100)assessed valuation on Real Estate for FY 2021 3 Ordinance to ESTABLISH the Tax Levy on ADOPTED,BY 11-0 Y Y Y YYY Y YYYY Personal Property and Machinery and Tools CONSENT for Calendar Year 2021 4 Ordinance to DISSOLVE the Sandbridge Tax ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Increment Financing Fund and TRANSFER CONSENT lapsed funds to the General Fund 5 Ordinance to AUTHORIZE the City Manager to ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y submit an Annual Funding Plan to the U.S. CONSENT Department of Housing and Urban Development (HUD) 6 Ordinance to AMEND City Code Sections 35-64 ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y and 35-67 re Exemption or Deferral of Real CONSENT Estate Taxes for elderly or disabled persons CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS SPECIAL MEETING B E DATE:05/12/2020 PAGE: 2 R A L H W W AGENDA 0 ITEM# SUBJECT MOTION VOTE B C D N OMO 0 L W O O C Y L NOUWS 0 T T HE E E S S E O O E T I R , Y S SERNDN 7 Resolution to AMEND the City of Virginia ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Beach Human Resources Policy re Part-Time CONSENT Accumulated Leave and Full-Time Paid Time Off 8 Ordinance to AMEND City Code Section 32.5-2 ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y re Equivalent Residential Unit(ERU)Fee CONSENT b FY 2020-2021 Capital Budget 1 Ordinance to ADOPT the FY 2021/FY 2026 ADOPTED,BY 11-0 Y Y Y Y Y Y Y YYYY Capital Improvement Program (CIP) and CONSENT APPROPRIATE $320,558,159 re FY 2021 Capital Budget,subject to funds being provided from various sources set forth 2 Ordinance to AUTHORIZE the issuance of ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y General Obligation Public Improvement CONSENT Bonds in the maximum amount of$69,741,841 re various public facilities and general improvements 3 Ordinance to AUTHORIZE the issuance of ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y General Obligation Public Improvement CONSENT Bonds in the maximum amount of$69,741,841 re various public facilities and general improvements 4 Ordinance to AUTHORIZE the issuance of ADOPTED,BY 11-0 Y Y Y Y Y Y Y YYYY Water and Sewer System Revenue Bonds in CONSENT the maximum amount of$1,318,515 c FY2019-2020 TAYPAYERS AND BUSINESSES RELIEF AND ASSISTANCE 1 Ordinance to APPROPRIATE and TRANSFER ADOPTED,BY 11-0 Y Y Y Y Y Y Y YYYY $2-Million from the FY2019-2020 Parks and CONSENT Recreation Operating Budget to the Department of Human Services for Taxpayer Relief re COVID-19 Impacts 2 Ordinance to APPROPRIATE and ADOPTED,BY 11-0 Y Y Y Y Y Y Y YYYY TRANSFER$1-Million from the FY2019-2020 CONSENT Parks and Recreation Operating Budget to CIP #9-067 "Economic Development Investment Program II"re assistance to small businesses 3 Ordinance to EXTEND the dates re Real Estate ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Tax Appeal CONSENT VI. ADJOURNMENT 7:27 PM