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HomeMy WebLinkAbout1-18-2022 FORMAL SESSION AGENDA CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL 0.141A'4E4c MAYOR ROBERT M. "BOBBY"DYER,At Large VICE MAYOR ROSEMARY WILSON,At Large MICHAEL F.BERLUCCHI,Rose Hall—District 3 LINWOOD O.BRANCH,Lynnhaven—District 5 BARBARA M.HENLEY,Princess Anne—District 7 N.D. "ROCKY"HOLCOMB,Kempsville—District 2 's .? _ LOUIS R.JONES,Bayside—District 4 �' JOHND.MOSS,At Large ,,,R woo"' AARONR.ROUSE,At Large GUYK.TOWER,Beach—District 6 SABRINA D. WOOTEN,Centerville—District I CITY HALL BUILDING CITY COUNCIL APPOINTEES CITY COUNCIL AGENDA 2401 COURTHOUSE DRIVE CITY MANAGER—PATRICK A.DUHANEY VIRGINL4 BEACH, VIRGINIA 23456-9005 CITY ATTORNEY-MARK D.STILES PHONE:(757)385-4303 CITY ASSESSOR-RONALD D.AGNOR January 18,2022 FAX(757)385-5669 CITY AUDITOR—LYNDONS.REM/AS E-MAIL:CITYCOUNCIL@vbgov.com CITY CLERK-AMANDA BARNES MAYOR ROBERT M. "BOBBY"DYER PRESIDING I. CITY MANAGER'S BRIEFING - City Council Chamber- 1:30 PM A. FY2021-22 INTERIM FINANCIAL UPDATE Letitia Shelton, Director—Finance B. SALE OF 205 4th STREET &400 ATLANTIC AVENUE Taylor V. Adams, Deputy City Manager C. STORMWATER REGULATORY UPDATE LJ Hansen, Director—Public Works Robert J. Tajan, Director—Planning and Community Development II. CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS 2:00 PM III. CITY COUNCIL AGENDA REVIEW 2:30 PM IV. INFORMAL SESSION - City Council Chamber- 3:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION V. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer B. INVOCATION C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS January 4, 2022 G. MAYOR'S PRESENTATION 60th ANNIVERSARY AWARDS Ambler Hatchett Vivian Cartwright H. PUBLIC HEARING 1. AMENDMENTS TO THE VIRGINIA BEACH PUBLIC SCHOOLS FY 2021-22 OPERATING BUDGET AND CAPITAL IMPROVEMENT PROGRAM Appropriate$54,938,822 in FY 2020-21 School Operating Reversion Funding and Establish Capital Projects #1-030: Replacement Payroll System and#1-031: School Bus & Fleet Replacement I. FORMAL SESSION AGENDA 1. CONSENT AGENDA J. ORDINANCES/RESOLUTIONS 1. Ordinances to AMEND: a. Section 1.3 and 1-30 of the Stormwater Management Ordinance (Appendix D) re Stormwater Appeals Board b. Section 1.2 of the Public Works Design Standards Manual re variances (Deferred from November 9, 2021) 2. Resolution to DIRECT the City Attorney to file a Petition for a Writ of Special Election re Office of Council Member in District 1 (Formerly District 2—Kempsville) 3. Resolution to DIRECT the City Attorney to END the Appeal in the Holloway, et al. v. City of Virginia Beach, et al. litigation(Requested by Council Member Rouse) 4. Ordinance to TRANSFER $60,000 from the General Fund City Council Emergent Needs Reserve to the FY 2021-22 Communications Office Operating Budget for Public Outreach re the City's election system and new districts (Requested by Council Member Rouse) 5. Resolution to AUTHORIZE and DIRECT the City Manager to EXECUTE a Project Participation Agreement between the City of Virginia Beach and the Southside Network Authority 6. Ordinances to ACCEPT and APPROPRIATE: a. $300,000 from the Landmark Foundation to the FY 2021-22 Public Health Operating Budget and AUTHORIZE grant-supported positions re Baby Care Program b. $547,358 from the Virginia Department of Justice to the FY 2021-22 Commonwealth Attorney's Operating Budget and AUTHORIZE 25% in-kind Grant Match by the Commonwealth Attorney's and one (1) grant-funded full-time position in Human Services re drug treatment court K. PLANNING 1. HUNT CLUB CONDOMINIUM ASSOCIATION, INC. for a Modification of Conditions re increase the number of multi-family dwellings by eleven (11) at 120 Loflin Way DISTRICT 1 (Formerly District 2—Kempsville) RECOMMENDATION: APPROVAL 2. PRINCESS ANNE VILLAGE, LLC / SUSAN KELLAM, DAVID E. KELLAM REVOCABLE TRUST,KELLAM& EATON,INC., SISTERS II,LLC,CHARLES F. BURROUGHS III & CITY OF VIRGINIA BEACH for a Conditional Change of Zoning from B-2 Community Business, AG-1 & AG-2 Agricultural Districts to Conditional PD-H2 Planned Unit Development (R-10 Residential District) & Conditional B-2 Community Business Districts) re development of 73 residential lots with up to 89 dwellings and one commercial parcel at 2369,2373, 2375,2381,2385 Princess Anne Road, 2393,2401, 2413 North Landing Road&parcel between 2393 North Landing Road,2385 Princess Anne Road DISTRICT 2 (Formerly District 7—Princess Anne) RECOMMENDATION: APPROVAL 3. JAMES D. WHITE REVOCABLE LIVING TRUST for a Conditional Use Permit re short term rental at 407 18t Street, Unit A DISTRICT 6 (Formerly District 6—Beach) RECOMMENDATION: APPROVAL APPLICANT REQUEST DEFERRAL TO FEBRUARY 15,2022 4. 2508 PACIFIC AVENUE,LLC for a Conditional Use Permit re short term rentals at 2510, 2514, 2518, 2522, 2526 & 2530 Pacific Avenue DISTRICT 6 (Formerly District 6— Beach) RECOMMENDATION: APPROVAL 5. ORP VENTURES, LLC for a Conditional Use Permit re short term rental at 603 20th Street DISTRICT 6 (Formerly District 6—Beach) RECOMMENDATION: APPROVAL 6. ORP VENTURES, LLC for a Conditional Use Permit re short term rentals at: 410 19th Street 412 19th Street a. Unit 101 a. Unit 101 b. Unit 102 b. Unit 102 c. Unit 103 c. Unit 201 d. Unit 201 d. Unit 202 e. Unit 202 DISTRICT 6 (Formerly District 6—Beach) RECOMMENDATION: APPROVAL L. APPOINTMENTS 2040 VISION TO ACTION COMMUNITY COALITION AGRICULTURAL ADVISORY COMMITTEE ARTS AND HUMANITIES COMMISSION BAYFRONT ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION BIKEWAYS AND TRAILS ADVISORY COMMITTEE BOARD OF BUILDING CODE APPEALS CITIZEN OVERSIGHT BOARD COMMUNITY ORGANIZATION GRANT(COG)REVIEW AND ALLOCATION COMMITTEE COMMUNITY POLICY AND MANAGEMENT TEAM GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HISTORICAL REVIEW BOARD INDEPENDENT CITIZEN REVIEW BOARD MINORITY BUSINESS COUNCIL OCEANA LAND USE CONFORMITY COMMITTEE OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION RESORT ADVISORY COMMISSION SOCIAL SERVICES ADVISORY BOARD TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE URBAN AGRICULTURE ADVISORY COMMITTEE 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 TCheliusAvbgov.com or call 385-4303. Citizens who wish to speak can sign up either in-person or virtually via WebEx. Anyone wishing to participate virtually, must follow the two-step process provided below: 1. Register for the WebEx at: http s://vbgov.webex.com/vbgov/onstage/g.php?MTID=e209d7 aa3 05 dd3 994c9a63 e444798b 8 7 e 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on January 18, 2022. MAYOR ROBERT M. `BOBBY" DYER PRESIDING I. CITY MANAGER'S BRIEFING - City Council Chamber- 1:30 PM A. FY2021-22 INTERIM FINANCIAL UPDATE Letitia Shelton, Director—Finance B. SALE OF 205 4th STREET &400 ATLANTIC AVENUE Taylor V. Adams, Deputy City Manager C. STORMWATER REGULATORY UPDATE LJ Hansen, Director—Public Works Robert J. Tajan, Director—Planning and Community Development II. CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS 2:00 PM III. CITY COUNCIL AGENDA REVIEW 2:30 PM IV. INFORMAL SESSION - City Council Chamber- 3:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION V. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer B. INVOCATION C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS January 4, 2022 G. MAYOR'S PRESENTATION 60th ANNIVERSARY AWARDS Ambler Hatchett Vivian Cartwright H. PUBLIC HEARING 1. AMENDMENTS TO THE VIRGINIA BEACH PUBLIC SCHOOLS FY 2021-22 OPERATING BUDGET AND CAPITAL IMPROVEMENT PROGRAM Appropriate $54,938,822 in FY 2020-21 School Operating Reversion Funding and Establish Capital Projects #1-030: Replacement Payroll System and #1-031: School Bus & Fleet Replacement u• rc C, - • ,,-5 AMENDMENTS TO THE VIRGINIA BEACH CITY PUBLIC SCHOOLS FY 2021-22 OPERATING BUDGET AND CAPITAL IMPROVEMENT PROGRAM: Appropriate$54,938,822 in FY 2020-21 School Operating Reversion Funding and Establish Capital Projects 1-030:Replacement Payroll System and 1- 031:School Bus&Fleet Replacement On Tuesday,January 18, 2022,at 6:00 p.m. in the City Council Chamber on the second floor of the City Hall Building, 2401 Courthouse Drive,Virginia Beach,Virginia,the Virginia Beach City Council will hold a Public Hearing on proposed amendments to the FY 2021-22 Operating and Capital Improvement Program budgets of Virginia Beach City Public Schools. The Code of Virginia and the City's Charter require a public hearing when any budget amendment that increases the amount to be appropriated during the current fiscal year exceeds one(1)percent of the total revenue shown in the currently adopted budget These amendments are necessary to appropriate,by ordinance or ordinances,$54,938,822 in FY 2020-21 School Operating reversion funding in the amounts and for the purposes set forth below,and to establish Capital Projects 1-030 and 1-031: 1. $11,000,000 to be appropriated to the School Reserve Special Revenue fund to be set-aside for use in the FY 2022/23 Capital Improvement Program 2. $34,432,182 to be appropriated to the CIP fund: a. Project 1-017 Renovation and Replacement Grounds III (synthetic turf at Kempsville HS and Ocean Lakes HS)- $3,500,000 b. Project 1-018 Renovation and Replacement HVAC III- $2,986,775 c. Project 1-020 Renovation and Replacement Various III (locker removal/renovation at First Colonial HS and classroom/furniture replacement at various schools)- $6,250,000 d. Project 1-022 Elementary School Playground Equipment Replacement-$1,000,000 e. Project 1-026 Lynnhaven MS Expansion (Achievable Dream)-$1,100,000 f. Project 1-028 Bettie F.Williams/Bayside 6th(Grades 4- 6)Replacement-$7,500,000 g. Project 1-030 Replacement Payroll System - $4,382,407 h. Project 1-031 School Bus and Fleet Replacement - $7,713,000 3. $900,000 to be re-appropriated to the Athletics fund 204 (startup costs for lacrosse program) 4. $8,606,640 to be re-appropriated to the School Operating fund 115 for: a. Access layer switches and points-$1,221,000 b. Interactive whiteboard replacements-$882,000 c. Electronic perimeter access control doors-$645,000 d. Data center firewall upgrade-$566,125 e. Instructional supplies-$151,515 f. Contracted services to pressure wash building exteriors and courtyards-$130,000 g. Maintenance and repair projects and equipment - $5,011,000 If you wish to make comments virtually during the public hearing, please follow the two-step process provided below: 1. Register for the WebEx at: https://vbgov.webex.com/vbgov/onstage/g.php?MTID=e209 d7aa305dd3994c9a63e444798b87e 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m.on January 18,2022. If you are physically disabled or visually impaired and need assistance at this meeting,please call 385-4303. Hearing impaired,TDD-711. All interested parties are invited to participate. Amanda Barnes City Clerk PILOT-JANUARY 9,2022 NueF',yam, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Establish Capital Projects 1-030 and 1-031 and to Appropriate $54,938,822 in FY 2020-21 Schools Reversion and Revenue Sharing Formula Funds PUBLIC HEARING: January 18, 2022 MEETING DATE: February 1, 2022 • Background: The School Board of the City of Virginia Beach adopted a Budget Resolution Regarding FY 2020-21 Reversion and Revenue Sharing Formula Reconciliation on November 23, 2021. This resolution is attached. The proposed amendments to the FY 2021-22 Operating and Capital Improvement Program budgets of Virginia Beach City Public Schools are necessary to appropriate, by ordinance or ordinances, $54,938,822 in FY 2020-21 School Operating reversion funding and to establish Capital Projects 1-030, "Replacement Payroll System," and 1-031, "School Bus & Fleet Replacement." • Considerations: The proposed amendments to the FY 2021-22 Operating and Capital Improvement Program budgets of Virginia Beach City Public Schools totaling $54,938,822 are shown in detail in the amounts and for the purposes set forth below: 1. $11,000,000 to be appropriated to the School Reserve Special Revenue Fund to be set-aside for use in the FY 2022/23 Capital Improvement Program; 2. $34,432,182 to be appropriated to the CIP fund: a. Project 1-017, "Renovation and Replacement Grounds III" (synthetic turf at Kempsville HS and Ocean Lakes HS) - $3,500,000; b. Project 1-018, "Renovation and Replacement HVAC III" - $2,986,775; c. Project 1-020, "Renovation and Replacement Various III" (locker removal/renovation at First Colonial HS and classroom/furniture replacement at various schools) - $6,250,000; d. Project 1-022, "Elementary School Playground Equipment Replacement" - $1 ,000,000; e. Project 1-026, "Lynnhaven MS Expansion (Achievable Dream)" - $1,100,000; f. Project 1-028, "Bettie F. Williams/Bayside 6th (Grades 4-6) Replacement" - $7,500,000; g. Project 1-030, "Replacement Payroll System" - $4,382,407; h. Project 1-031, "School Bus & Fleet Replacement" - $7,713,000; 3. $900,000 to be appropriated to the Athletics Fund 204 (startup costs for lacrosse program); 4. $8,606,640 to be appropriated to the School Operating Fund 115 for: a. Access layer switches and points - $1,221,000; b. Interactive whiteboard replacements - $882,000; c. Electronic perimeter access control doors - $645,000; d. Data center firewall upgrade - $566,125; e. Instructional supplies - $151,515; f. Contracted services to pressure wash building exteriors and courtyards - $130,000; and g. Maintenance and repair projects and equipment - $5,011,000. At the Workshop Session on January 11, 2022, representatives from the Virginia Beach City Public Schools presented the School Board's reversion and revenue sharing request. This presentation included possible amendments to the School Board's request. The proposed amendments would (i) specifically earmark the funds in the School Reserve Special Revenue Fund for Project 1-015, "Princess Anne High School Replacement," ($8 million) and Project 1-029, "Bayside High School Replacement," ($3 million) and (ii) move $2 million from Project 1-020, "Renovation and Replacement Various III," to Project 1- 029, "Bayside High School Replacement." • Public Information: This item requires a public notice and public hearing. The notice appeared in the Sunday, January 9, 2022, VIRGINIAN-PILOT. The public hearing will be held on January 18, 2022. This request was presented to the City Council in a public briefing on January 11, 2022. • Attachments: Ordinance, School Board Resolution REQUESTED BY THE SCHOOL BOARD 1 AN ORDINANCE TO ESTABLISH CAPITAL PROJECTS 1- 2 030 AND 1-031 AND TO APPROPRIATE $54,938,822 IN FY 3 2020-21 SCHOOLS REVERSION AND REVENUE SHARING 4 FORMULA FUNDS 5 6 WHEREAS, The School Board of the City of Virginia Beach adopted a Budget 7 Resolution Regarding FY2020-21 Reversion and Revenue Sharing Formula 8 Reconciliation on November 23, 2021; 9 10 WHEREAS, the funding request exceeds 1% of the City's FY2021-22 operating 11 budget, so a public hearing on the proposed appropriation was held on January 18, 2022, 12 to get the sense of the residence regarding the School Board's appropriation request; 13 14 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 15 VIRGINIA BEACH, VIRGINIA THAT: 16 17 1. Capital Projects 1-030, "Replacement Payroll System," and 1-031, "School Bus & 18 Fleet Replacement," are hereby established in the FY2021-22 Capital 19 Improvement Program. 20 21 2. $54,938,822 in reversion and revenue sharing funds are hereby appropriated for 22 the following purposes: 23 a. $11,000,000 to be appropriated to the School Reserve Special Revenue Fund 24 to be set-aside for use in the FY 2022/23 Capital Improvement Program; 25 b. $34,432,182 to be appropriated to the CIP fund: 26 • Project 1-017, "Renovation and Replacement Grounds III" (synthetic turf 27 at Kempsville HS and Ocean Lakes HS) - $3,500,000; 28 • Project 1-018, "Renovation and Replacement HVAC III" - $2,986,775; 29 • Project 1-020, "Renovation and Replacement Various III" (locker 30 removal/renovation at First Colonial HS and classroom/furniture 31 replacement at various schools) - $6,250,000; 32 • Project 1-022, "Elementary School Playground Equipment 33 Replacement" - $1,000,000; 34 • Project 1-026, "Lynnhaven MS Expansion (Achievable Dream)" - 35 $1,100,000; 36 • Project 1-028, "Bettie F. Williams/Bayside 6th" (Grades 4-6) 37 Replacement - $7,500,000; 38 • Project 1-030, "Replacement Payroll System" - $4,382,407; 39 • Project 1-031, "School Bus and Fleet Replacement" - $7,713,000; 40 41 c. $900,000 to be appropriated to the Athletics Fund 204 (startup costs for 42 lacrosse program); 43 44 d. $8,606,640 to be appropriated to the School Operating Fund 115 for: 45 • Access layer switches and points - $1,221,000; 46 • Interactive whiteboard replacements - $882,000; 47 • Electronic perimeter access control doors - $645,000; 48 • Data center firewall upgrade - $566,125; 49 • Instructional supplies - $151,515; 50 • Contracted services to pressure wash building exteriors and courtyards 51 - $130,000; and 52 • Maintenance and repair projects and equipment - $5,011,000. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2022. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services City Attorney's Office CA15680 R-1 January 12, 2022 i�- VIRGINIA BEACH CITY PUBLIC SCHOOLS CHARTING THE COURSE School Board Services Carolyn T.Rye,Chair Kimberly A.Melnyk,Vice Chair District S-Lynnhaven District 7-Princess Anne Beverly M.Anderson Sharon R.Felton Jennifer S.Franklin At-Large District 6- Beach District 2-Kempsville Dorothy M.Holtz Laura K.Hughes Victoria C.Manning At-Large At-Large At-Large Jessica L.Owens Trenace B.Riggs Carolyn D.Weems District 3-Rose Hall District 1-Centerville District 4. Bayside Aaron C.Spence,Ed.D., Superintendent Budget Resolution Regarding FY 2020/21 Reversion and Revenue Sharing Formula Reconciliation WHEREAS,on September 28,2021,the School Board was presented with a summary of the unaudited financial statements for FY 2020/21 (year-ending June 30, 2021) showing the reversion amount to the city's General fund;and WHEREAS,the amount of FY 2020/21 School Operating reversion funds available(excluding revenues over/under budget) is$14,463,778;and WHEREAS,$10,131,688 came in as additional revenue over the appropriated budget, increasing the School Operating reversion amount to$24,595,466;and WHEREAS,$401,878 reverted from the Athletics fund and$711,334 reverted from the Green Run Collegiate Charter School fund;and WHEREAS,the estimated total amount available for re-appropriation is$25,708,678; and WHEREAS,the city is currently indicating a FY 2020/21 revenue actual over budget of$29,230,144 based on the Revenue Sharing Formula;and WHEREAS,the net reversion funding available for re-appropriation is$54,938,822;and WHEREAS,the Administration recommends the following for the available funds in the amount of $54,938,822: • $11,000,000 to be re-appropriated to the School Reserve Special Revenue fund to be set-aside for use in the FY 2022/23 Capital Improvement Program • $34,432,182 to be re-appropriated to the CIP fund: - Project 1-017 Renovation and Replacement Grounds III (synthetic turf at Kempsville HS and Ocean Lakes HS) -$3,500,000 - Project 1-018 Renovation and Replacement HVAC III-$2,986,775 - Project 1-020 Renovation and Replacement Various III (locker removal/renovation at First Colonial HS and classroom/furniture replacement at various schools)-$6,250,000 - Project 1-022 Elementary School Playground Equipment Replacement-$1,000,000 - Project 1-026 Lynnhaven MS Expansion(Achievable Dream)-$1,100,000 - Project 1-028 Bettie F.Williams/Bayside 6th(Grades 4-6)Replacement-$7,500,000 - Project 1-030 Replacement Payroll System-$4,382,407 - Project 1-031 School Bus and Fleet Replacement-$7,713,000 Put Students First •Seek Growth •Be Open to Change •Do Great Work Together•Value Differences 2512 George Mason Drive I PO Box 6038 Virginia Beach.Virginia 23456 0038 www.vbschool5.corn 41.40. VIRGINIA BEACH CITY PUBLIC SCHOOLS CHARTING THE COURSE Budget Resolution Regarding FY 2020/21 Reversion and Revenue Sharing Formula Reconciliation (Continued) • $900,000 to be re-appropriated to the Athletics fund 204(startup costs for lacrosse program) • $8,606,640 to be re-appropriated to the School Operating fund 115 for: - Access layer switches and points-$1,221,000 - Interactive whiteboard replacements-$882,000 - Electronic perimeter access control doors-$645,000 - Data center firewall upgrade-$566,125 - Instructional supplies-$151,515 - Contracted services to pressure wash building exteriors and courtyards-$130,000 - Maintenance and repair projects and equipment-$5,011,000 NOW,THEREFORE,BE IT RESOLVED: That the School Board of the City of Virginia Beach approves the recommended uses of the FY 2020/21 Reversion and Revenue Sharing Formula Reconciliation funds as presented by the Administration; and be it FURTHER RESOLVED: That the School Board requests that the City Council approve the re-appropriation of FY 2020/21 Reversion and Revenue Sharing Formula Reconciliation funds shown above;and be it FINALLY RESOLVED: That a copy of this resolution be spread across the official minutes of this Board,and the Clerk of the Board is directed to deliver a copy of this resolution to the Mayor, each member of City Council,the City Manager,and the City Clerk. Adopted by the School Board of the City of Virginia Beach this 23rd day of November 2021. ° r`' Carolyn T. Rye,Scho I Board Cha• Attest'' Re ' a M.Toneatto, Clerk of the Board Put Students First•Seek Growth •Be Open to Change •Do Great Work Together• Value Differences 2512 George Mason Drive ! PO Box 6038 I Virginia Beach Virginia 23456 0038 www vbschools corn 1/5/2022 lir Presentation to the City Council FY 2020/21 Reversion and Revenue January 11,2O21 iSharing Formula Reconciliation - T v PUPI IC SCHOO - 1 • Breakdown of Reversion and Revenue Sharing Formula Funds $Amount FY 2020/21 Reversion School Operating Fund Reversion(excluding revenues over/under budget) 14,463,778 Federal Revenue Over Budget 4,743,225 State Revenue Under Budget -1,868,659 State Sales Tax Over Budget 7,911,039 Other Revenue Under Budget -653,917 Total Revenues Over Budget 10,131,688 School Operating Fund 115 Reversion 24,595,466 Athletics Fund Reversion 401,878 Green Run Collegiate Fund Reversion 711,334 Total FY 2020/21 Reversion Funds 25,708,678 Revenue Sharing Formula Reconciliation-Revenues Over Budget 29,230,144 Net FY 2020/21 Revenues Available for Re-appropriation 54,938,822 2 1 1/5/2022 Reversion and Revenue Sharing Formula Spending Plan as Approved by the School Board on 11/23/2021 Expenditure Description Amount Balance $54,938,822 Capital Improvement Program $ 3,500,000 1-017 Renovation and Replacement-Grounds III(synthetic turf at Kempsville HS and Ocean Lakes $45,432,182 $ 9,506,640 $ 2,986,775 1-018 Renovations and Replacements-HVAC III $ 1,250,000 1-020 Renovation and Replacement-Various III(locker removal/renovation at First Colonial HS) $ 5,000,000 1-020 Renovation and Replacement-Various III(classroom furniture replacement at various $ 1,000,000 1-022 Elementary School Playground Equipment Replacement $ 1,100,000 1-026 Lynnhaven Middle School Expansion(Achievable Dream) $ 7,500,000 1-028 Bettie F.Williams/Bayside 6th(Grades 4-6)Replacement $ 4,382,407 1-030 Replacement Payroll System $ 7,713,000 1-031 School Bus and White Fleet Replacement $ 11,000,000 Appropriation to the School Reserve Special Revenue Fund for use in the FY 2022-23 CIP Access layer switches and points(eRate) $ 1,221,000 $ 8,285,640 Startup costs for the lacrosse program $ 900,000 $ 7,385,640 Interactive whReboard replacement $ 882,000 $ 6,503,640 Electronic perimeter access control doors $ 645,000 $ 5,858,640 Data center firewall upgrade $ 566,125 $ 5,292,515 Instructional technology learning packs and podcast recording bundles for classrooms $ 151,515 $ 5,141,000 Pressure wash building exteriors and courtyards $ 130,000 $ 5,011,000 Maintenance and repair projects and equipment-painting,carpentry equipment,cabinetry replacement,stage curtains $ 5,011,000 $ - replacement,court wall replacement,tile floor replacement,carpet replacement,locker replacement,and ADA lockI, replacement 3 Overview of Elementary and Secondary School Emergency Relief ( ESSER) Funds • VBCPS has received emergency federal funding due to the COVID-19 Pandemic.These funds must be used for the prevention of,reduction of,or response to COVID-19 • The Coronavirus Aid,Relief,and Economic Security Act(CARES Act or ESSER I)provided funding to address the impact of COVID-19 on elementary and secondary schools across the nation. e 4 • The Coronavirus Response and Relief Supplemental Appropriations a �` Act(CRRSA or ESSER II)provided funding to help school districts safely reopen schools and measure and effectively address learning loss. • The American Rescue Plan(ARP or ESSER III)provided direct aid to •lo help safely reopen and sustain the safe operation of schools and ` address the impact of COVID-19 on schools.Twenty percent of funds must be used to address learning loss. r : 4 2 1/5/2022 Allowable Uses of Funds • Generally,a division must consider the following factors when determining if an activity is an allowable use of funds: • Is the use of funds intended to prevent,prepare for,or s respond to the COVID-19 pandemic,including its impact on the social, emotional,mental health,and academic - „ e needs of students? —> ¢4 • Does the use of funds fall under one of the authorized uses of ESSER funds? • Is the use of funds permissible under the Uniform Administrative Requirements,Cost Principles,and Audit Requirements for Federal Awards(Uniform Guidance,2 CFR Part 200)? .41 - • Is the expenditure reasonable and necessary? -- 5 I CARES Act ESSER I VBCPS ESSER • $10,141,569.51 • 09/30/2022 Allocations r CRRSA Act ESSER II and Fund • $36,709,197.65 Expirations • 09/30/2023 • $82,443,643.30 • 09/30/2024 6 3 1/5/2022 Examples of items included in the ESSER Applications Online subscriptions Additional and resources to Interactive Contactless bottle- refrigeration units and Personal protective Cleaning supplies support remote whiteboards filling stations coolers for grab-and- Various HVAC projects equipment learning go meals Equitable services for Instructional Staff to support the Course enrollment Monthly rate plan for participating private specialists and Additional daily site Contact tracers Virtual Virginia fees for Virtual hotspots schools coaches based substitutes program Virginia students Materials and supplies Part-time/temporary •ponds for bus driver Recruitment and Air purifiers for modified food Upgraded technology Stipends for Extended instructional recruiters retention incentives services operations early devices School Year positions personnel le.g.,ESL, numeracy) Employer costs for Instructional materials Tutors Summer program staff paid leave for reasons Increase all teacher Assessment and Subscriptions for and supplies for related to COVID-79 sub pay$30/day benchmark software eBooks students I R C. I is l c. Pr' t+ 7 Coronavirus State and Local Recovery Funds to Support HVAC Replacement and Improvement Projects • The 2021 Special Session II of the General Assembly appropriated $250,000,000 in American Rescue Plan Act Coronavirus State and Local Fiscal Recovery Funds (CSLFRF)to support qualifying ventilation replacement and improvement projects in public school facilities • School division allocations are based on FY 2022 projected March 31 average daily membership,with a minimum allocation of$200,000;VBCPS' allocation is$13,016,072 • A local match equal to 100 percent of the grant amount is required to receive funds; VBCPS is using CIP funds as the required local match • Award period March 3, 2021 through December 31, 2024; all funds must be fully expended and reimbursement requested by December 31, 2026 8 4 S of 0 O ; J S DI i l ,. 1 I LLLYLf 6I 000'000'01 0 0 0 0 0 LLL'►LE'6Z 00000L'L6l Way»eltlay poya9441 apsAe9 BZPL EZZ'SL9'6 000'00E LZ cue tVle 000'0001, 000'000'Z 0 0 009L9E'99 009L9E99 1uaweaelda9(9 BLPL -►sapes9)419 eplsAe9lsturaaM'd O 00009€ 00000Z 000000 000'00Z 00000€ 00V00€ 000'00Z 000'004'1 000'0041, sWaWan0d00 1.0409 ales L20-1 -suawaaeld06 pue suollenoua9 O a 0 0 0 0 OO:409L'ZL O0000L'ZL 000'05L'Zl Pu4PS alpplw 990-1 uane41asli It wwe]epenal4ay 000'09Z 000'00 00000 000'00 OW'O9i O000SZ LEL4901 attest 200*69'Z luawaaeldeu weudlnba punw6Seld loam nleluawa© ZZPI O 0 0 0 0 0 000'0SL'EL 000'09L'EL 0000SL'EL u0111000 LZPI 94910 petal tt00 00 ezeld 000'0091 000'0O1'9 000'099'Z 000'0002 000'004'Z O000 € €ZZ161e91 EZL'16E'OE €ZZ16E0E Inase4d-snoalen OLPL -suewaag14a put suupenouay 00000019 000'0SZL 000'009'9 000'000'9 000'009'9 000'001'9 000'059'11 000'000'09 000'000'09 In 09e42-60900109 BLPL -suawaaxpa9 put su09enoua9 00000611 000006'01 00000001000'00e6 0000056 000'0000 14S'1LE'OZ 1*0100'90 1►S'102'80 In ese4d-3000 9LPl -suawaaelday put supnenpuan 000'00Z0 000001'Z 000000'Z 000'006'1 003'0001 0E0'0091 01SOL0'6 0LS'6L9'L¢ 01.96L9'0Z Illa9e4d-sW LLPL -suawaaepay pue suollenou u 000'pOOE 000000'E 000'0o0'E 000000E o00oo0E 000000'9 000'0o09Z 000'003'94 000'000'54 a 91e42 BIPI -slaelu0d a0utuW/1ad L61au3 O 0 EZL'LBL'► 000'008'Z0 000090'9E 000099'91,La'MVO, 000'099'291 000'059Z9L uewaaeldae no-,L P0449 4914 awe ssa0u11d O 0 0 0 0 0 6SL'6EZ'10 6SL'9EZ'LL 6SL'802LL uawx0el0a9 LOPL P.N.S 41P444 wW s94004d [WOOL 000'00Z 00000Z 000'00Z OOO 00Z 000'00Z OOOOOV1 000009'2 000009Z nese4d-suullauoua90nod suual 009-1 000'001.'9 000000Z 000'00SZ 00009 L'L 000'0961. 000009.1 000'SLY'6 000'9ZL'4Z 000'SZL'YZ Axle eulelsn9naawa6euew n6lag -sWw aaaepa9 00 pue suen0ua9 LOPL LL009Z0Z 9L0Z-EZ02 5202-0009 YZOZ'OZOL 2909-LL02 ZZOZ-LLOL 414101 s leudoddu Iso3 .01o6alq p O a!wd Id 91ea0 81r00 I.man C Jean z Jean l inn suollepdoddy 11ea1 eiS 10.1 do paldopv IPufloJ AI D 6 000'STO'S$-luawdmba pue spalold 1!edal pue aoueualuieyr - 000'0£T$-spleAllnoo pue 6Loualxa 8uip!mq gsem amssald 01 saowOS panenuoJ - ST GISTS-sapddns!euollonllsul - SZT'99S$-epeiHdn omen;;awe)eoe0 - 000'9e95-&loop lonu03 ssane Laiewuad D!uonaal3 - 000'Z88S-sluawaoeldal pleoga114on anll0elalul - 000'TZZ'ts-sluiod pue sagollms lane!ssa»y - :lo;SIT pun;HuIleladO 10041S an en pale!ldoldde-eJ aq 01049'909'8S • (wel8old assonel 10;s1s03 dnllels)40Z pun;so!lalgly aql of paleudadde-al eq 01000'006$ • 1000'E1L'LS-luawaae!da8 hold pue 9n9 1OO4oS TEO-T loalad - L04'Z8E'4$- I(OOIed luawaOe!da9 0E0-I ilafad - a 000'000'Z$-wawa/epedDPl0a e 1001PS 4H1H apisne9 6Z0-T 11a)old - J 000'005�1$-luawaoe!dae(9-4 sapeJ9)w9 ap!SAe9/swe!!l!M-i a!11a9 8Z0-1 1pefoid - 000'00T't$-(weeia a!gena!goy)u0!suedx3 Syr uanequuA(9Z0-t l3al01d - 000'000'T$-luawaleldaH luawd!nb3 a)e(da Ae!d pogo/Alelua0p 0 *SI-T 1oa(ad - O*09z-9$000'OSZ"45-(sloops snouen Te luawaoe!dal amllwn;/woassep pue SH le!u0!0D p@SOd0Jd 1sLy le u0!1en0ua1/lenowal Ja4300 111 snoueA luewaoe!dae pue uonenoua9 0Z0-T 1oalad - SLL'986'Z$-III DVAH luawaoe!da9 pue uollenoue9 950-T 1300ld 000'005'£$-(SH se4e1 uea30 pue SR a8!nsdwap 1e pn139agouAs)0!spunacg lueweoe!day pue uo!lenouae LTO-5130OJd - :pun;d13 a4101 palelldoldde-al eq of ZST'ZE4'4ES • wel8old wawa/adwl!e1!deD EZ/ZZOZ Ai a43 u!esn L0;luogllw£$)luawaleloay 1004)S 10!H aplsne9 6Z0-T pue(u0g1!w 8$1 luawalelda8 100405 491H auuy ssaluud Sip-t spa!ad Jo;apse-leo eq o1 pun;anuenay!epe05 anlase9 100405 a4101 pale!ldoidde-a;eq 01000'000its • :ZZ8'8£6'eSS • jo lunowe a41 u!spun;algenene a41 Jo;Hwreollo;aql spuewwolal uogensiwwpy agl'SV393HM ZZOZ/S/Z 1/5/2022 Revised CIP Funding Summary „.. l ow Prole. Su rear AppopWorra Year 1 Year 2 Yea 3 Yea 4 Year 5 Year 6 1.6,a ransom Crepnry 1 0al 7YTr.aa4Me ma In Hate /0//10,3 /923 2,1/4 /074 AI/S /0/,A1,6 Al/6 AV/ /0///014 14101 Removal lone and R6pWKMente- E6e090wa0aOnn4aV899640090111t7 26.125.000 20.125.000 11275.000 1.009000 2.150,000 2.500.000 2900,000 3.400.000 4.000,000 1-002 Tennis C oun Renovations-PM.1 2925000 2025000 1,609000 200,000 200,000 200,000 200000 200000 225000 1-015 Nome"Anne 100h School Replacenent 162050.000 162.650.000 80,012.277 34,050000 267600000 10.7117,723 D 0 0 1 016 Energy Penormance Contracts- PMee II 44,500.000 44.500.000 30.000,003 2,500,000 2.500.000 2.500,009 2,500.000 2,500,000 2.000,000 1-0/7 Renovations and Replacements- GroundS-Phase II 26,937 866 20.937.866 14,637,868 1.800,003 1.900.000 2,000,000 2100,000 2,200.030 2,300.000 1-016 Ren7vatlom an0 Replacements- HVAC-Pnne III 94.700 316 04708.316 31.208.316 8.500,000 9.200,000 10,000.000 10.000,000 11 900.000 13,000000 1-019 Ranovatw an0 RapW:eme0H.- Rarootlnp ns-Phase 111 59,000,030 59000.000 16,050.000 5,500.000 6.000.000 6.600,000 7.250.000 6,000.000 9,000,000 . Ranovallonf and Replecemero- Varmw-Phase III 31,375000 31.375000 12,725,000 2,400,000 2.600,000 2,860,000 3,200,000 3.600 030 4,000,000 1-0y Elementary School Playground Equipment 6epl$e00600 3,834.717 3.034737 2,334737 250,00 250,000 260000 260,000 250.000 250.000 t-02. Achleve0le Dream al Lvnnnaven MId01 4clwol 13,850,000- 13.050.000 13.850,000 0 0 0 0 0 0 1.027 68.000on.and Replacements. Sale School 660160at05enle 1.800.000 1,600.000 400,000 200,000 200,003 200,000 200,000 203.000 200,000 t-028 BY.W6II.011 Be761ns00110n0se4- al Replacement 60,357500 68.387.500 7.500,000 1.500,000 4000,003 21412277 21,300.000 12,675.223 0 1029 8004o Hlph S011001 Repleumenl 197.700.000 68,199777 2000.000 3000.000 4500,000 4.500,003 10,500,0130 16,874777 26,625000 •• 1-030 Pa7lon System Replacement 4,382.407 4 382 407 4,382,407 0 0 0 0 0 0 1-031 School Bus 6 WIllte Filet Replacement 7.713.000 7713.000 7.713,000 0 0 0 0 0 0 1-072 Telephone System Raplaamenl 7.200..3 7 26e 223 7.266,223 0 0 0 0 0 0 11 Questions 12 6 VIRGINIA BEACH CITY PUBLIC SCHOOLS CHARTING THE COURSE OVERVIEW OF FEDERAL PANDEMIC RELIEF ESSER FUNDING VBCPS has received emergency federal funding due to the COVID-19 Pandemic. These funds must be used for the prevention of, reduction of, or response to COVID-19. • The Coronavirus Aid, Relief, and Economic Security Act (CARES Act or ESSER I) provided funding to address the impact of COVID-19 on elementary and secondary schools across the nation. • The Coronavirus Response and Relief Supplemental Appropriations Act (CRRSA or ESSER II) provided funding to help school districts safely reopen schools and measure and effectively address learning loss. • The American Rescue Plan (ARP or ESSER III) provided direct aid to help safely reopen and sustain the safe operation of schools and address the impact of COVID-19 on schools. Twenty percent of funds must be used to address learning loss. ALLOWABILITY OF COSTS Generally a division must consider the following factors when determining if an activity is an allowable use of funds: • Is the use of funds intended to prevent, prepare for, or respond to the COVID-19 pandemic, including its impact on the social, emotional, mental health, and academic needs of students? • Does the use of funds fall under one of the authorized uses of ESSER funds? • Is the use of funds permissible under the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance, 2 CFR Part 200)? • Is the expenditure reasonable and necessary? Additionally, all expenditures must correspond with the grant budget outlined in the approved application. Any changes to a grant's approved budget and/or application requires prior approval from the awarding agency and may impact whether costs are considered allowable under the specific Federal program. FUNDING BY GRANT PROGRAM CARES Act CRRSA Act ARP Act ESSER I ESSER II ESSER III Award $10,141,569.51 $36,709,197.65 i $82,502,193.98 Amount updated 11/5/2021 Distribution 90%flowing to local education 90%flowing to local education 90%flowing to local education Method agencies based on the Title I agencies based on the Title I agencies based on the Title I formula and 10% reserved for formula and 10% reserved for formula and 10%reserved for state-level activities state-level activities state-level activities Expiration 9/30/2022 9/30/2023 9/30/2024 Information provided in advance of VBCPS'briefing to the City Council on January 11,2022 Page 1 CARES ACT APPROVED AMENDMENT (ESSER I) OBJECT CODE 1000 - PERSONNEL SERVICES VBCPS will staff part-time(PT)/temporary support positions to assist with the Section 504 process, support socio- emotional programs and student transitions. Funds will support stipends for teachers simultaneously instructing virtually&face-to-face and pay additional class allowances (stipends/allowances prorated based on $5,600 per term; $1,400 rate for quarter-term allowances); additional teacher FTEs to accommodate modified schedules; compensate instructional/support staff for hours worked in extended learning programs(e.g. summer school, extended SY, tutoring, etc.)and activities to address the unique needs of at-risk students; and off-contract hours worked by school counseling program staff. Supported non-instructional COVID-related staffing costs include but are not limited to PT/temporary COVID-19 Health Assessment Team staff to conduct health and safety audits division-wide; additional custodial FTEs and substitutes; overtime/additional hours pay related to local response efforts (bus drivers, custodians, nurses performing contact tracing, etc.); supplemental nurse hours to support community vaccination program as part of coordinated intra-agency response efforts. Personnel costs associated with administering CARES and CRRSA Act grants and equitable services are included. Funds may support equitable services for participating private schools in response to COVID-19 through VBCPS-employed tutors. Item Description Category 1.11 s Total Cost Equitable Services 5,000.00 Equitable Services Administration Additional instructional personnel(e.g.student support services) 8.At-risk student groups 49,271.00 Extended learning program staff and additional class allowances 15.Extended learning time 1,000,000.00 Non-instructional personnel wages(operations,maintenance,nurses,etc.) 9.Prep and Response 10 264,509.40 Employer costs for paid leave for specified reasons related to COVID-19 16.Other 0.00 Support staff to manage CARES/CRRSA Act administrative activities 16.Other 50,625.00 Counseling program staff(additional hours off-contract) 7.School leader resources 0.00 Additional instructional personnel to accommodate modified schedules 7.School leader resources 7 393,604.09 Teacher stipends and additional class allowaces to accommodate schedules 7.School leader resources 1,000,000.00 COVID-19 Health Assessment Team-PT/Temporary Leads and 9.Prep and Response 100,000.00 Hourly wages for school nurses to support community vaccination efforts 6.Intra-agency coordination 100,000.00 Total for Object Code: 17.0 2,963,009.49 OBJECT CODE 2000 - EMPLOYEE BENEFITS Item Description Category Total Cost Equitable Services 382.50 Equitable Services Administration Additional instructional personnel(e.g student support services) 8.At-risk student groups 3,769.23 Extended learning program staff and additional class allowances 15.Extended learning time 76,500.00 Non-instructional personnel wages(operations,maintenance,nurses,etc.) 9.Prep and Response 58,161.07 Employer costs for paid leave for specified reasons related to COVID-19 16.Other 0.00 Support staff to manage CARES Act administrative activities 16.Other 3,872.81 Counseling program staff(additional hours off-contract) 7.School leader resources 0.00 Additional instructional personnel to accommodate modified schedules 7.School leader resources 129,878.28 Teacher stipends and additional class allowances to accommodate schedules 7.School leader resources 76,500.00 COVID-19 Health Assessment Team-PT/Temporary Leads and Assessors 9.Prep and Response 7,650.00 Hourly wages for school nurses to support community vaccination efforts 6.Intra-agency coordination 7,650.00 Total for Object Code: 364,363.89 Information provided in advance of VBCPS'briefing to the City Council on January 11,2022 Page 2 OBJECT CODE 3000 - PURCHASED SERVICES/CONTRACTUAL SERVICES One of the division's objectives is to mitigate the potential risks of a building's Heating Ventilation and Air Conditioning (HVAC) system being exposed to COVID-19 and other pathogens. Reducing the risk of exposure to COVID-19 by cleaning and disinfection has been shown to slow the spread of the virus. VBCPS will secure contracted services for the treatment of coils within the HVAC systems at schools and other facilities and to support maintenance services necessary to maintain optimum air quality. Roof leaks at 1 school are contributing to building-wide moisture issues. Funds will be used to coat the existing roof structures with a sealant to mitigate leaks and improve air quality to reduce prolonged exposure to airborne pathogens. Casework replacements at 2 schools are planned to repair water damage to improve environmental conditions in instructional areas. Funds will support installation and contracted services costs associated with the capital projects outlined in object code 8000. Installation and contracted services costs associated with replacement of aging interactive white boards with state-of-the-art interactive panels designed with enhanced virtual instruction capabilities, as well as projectors and other audio-visual equipment necessary to support remote learning and socially distanced instruction will also be supported. Funds will also be used to purchase Zoom video conferencing licenses for students and teachers. This enhanced connectivity will allow staff to leverage technology to focus on recovery and deeper learning for students and instructional coaching and professional growth for teachers.Additional technological resources, licenses, subscriptions and services will be procured to support virtual instruction, provide enhanced learning resources and maintain adequate technological capacity to support both the virtual learning and remote work environments. This includes online assessments to support the gifted identification process and other similar alternative assessment instruments to support instructional programming while meeting social distancing requirements. Funds will also be used to cover the costs of licenses and professional installation associated with adding Wi-Fi access points in outdoor areas at schools, providing flexibility to engage in instructional and other activities outdoors where appropriate social distancing can be maintained. CARES funding will support preparatory federal card printing and preparation costs incurred prior to when the Impact Aid Coronavirus Relief Act was signed into law. Printing costs for signage and materials to support alternative food services models will also be supported. Funds will be used to provide equitable services for participating private schools in response to COVID-19. Item Description Category Total Cost Equitable Services 67,350.00 Equitable Services Administration Contracted services for HVAC system cleaning,disinfection,and maintenance 9.Prep and Response 30,000.00 Zoom video conferencing licenses to support remote learning 13.Technology 0.00 Licenses and professional installation for additional Wi-Fi access points 13.Technology 0.00 Access to online CoGAT for alternative gifted assessments 12.Coordination for long term closure 80,000.00 Online subscriptions and resources to support remote learning 13.Technology 100,000.00 Technology services to support remote work for employees 12.Coordination for longterm closure 50,000.00 Printing costs for Federal Impact Aid Card mailings 16.Other 0.00 Online resources to support student achievement and PD for staff 1.ESEA 40,000.00 Signage and printed materials to support alternative food services models 9.Prep and Response 0.00 Purchased services and installation of Interactive panels,audio-visual technology, 13.Technology 268,893.00 Contracted services for roof coating at Bay side ES 16.Other 122,435.00 Casework replacement/repair-Indian Lakes ES,Landstown HS,White Oaks ES 16.Other 91,889.00 Installation and purchased services costs for HVAC projects 16.Other 522,478.10 Total for Object Code:1 1,373,045.10 Information provided in advance of VBCPS'briefing to the City Council on January 11,2022 Page 3 OBJECT CODE 5000 - OTHER CHARGES VBCPS will pay indirect costs calculated at the current restricted rate; the FY21 rate for VBCPS is 2.5%. The division will use grant funds to pay monthly rate plan fees for hotspots to provide connectivity for students with no internet access. CARES funding will support postage costs related to mailing federal Impact Aid cards to families while schools were closed and prior to the Impact Aid Coronavirus Relief Act being signed into law. Additionally, costs associated with implementation of Ring Central Call Centers to enhance division phone system capacity will also be supported. This resource ensures adequate telecommunications capacity to enable attendants to handle a large volume of calls and configure multiple tiers of support to for students, families, and staff. Funds will be used to provide equitable services for participating private schools in response to COVID-19. Item Description Category Total Cost Equitable Services 22,776.33 Equitable Services Administration Indirect Cost @ 2.5% 16.Other 159.972.72 Monthly rate plan for hotspots to provide intemet access to students 13.Technology 10,000.00 Postage cost for Impact Aid mailings 16.Other 0.00 Ring Call Center 16.Other 200,000.00 Total for Object Code: 392.749.05 OBJECT CODE 6000 - MATERIALS AND SUPPLIES VBCPS will purchase technology devices and supplies to maintain a 1:1 student-device ratio, support virtual learning and ensure availability of adaptive/assistive technology for special needs students; provide upgraded laptops, devices and related supplies for teachers to maximize virtual instructional capacities; upgraded equipment for non-instructional school-based staff to support ongoing COVID-19 response and recovery effort and for non-instructional staff working remotely; and continue replacing aging interactive white boards with state- of-the-art interactive panels designed with enhanced virtual instruction capabilities, as well as projectors and other audio-visual equipment necessary to support remote learning and socially-distanced instruction. Funds will support equipment costs associated with adding Wi-Fi access points in outdoor areas. In support of the division's health mitigation strategies, VBCPS will purchase medical supplies for school clinics and provide PPE and hand sanitizer to all students, staff and visitors as appropriate. VBCPS will purchase and distribute additional instructional materials and supply kits for students to minimize shared contact; provide specialized PPE for music classes and supplies necessary to mitigate risk exposure for student athletes; instructional resources for remediation efforts to combat COVID-19 learning loss and well as materials and resources to support extended learning programs. VBCPS will use grant funds to purchase disinfectant and other supplies to sanitize buses, schools and facilities as recommended by the Centers for Disease Control and Prevention; install protective partitions in school buildings and facilities; purchase signage to communicate changes to protocols and procedures and the importance of maintaining safe behavioral practices; additional bottle filling stations to reduce contact surfaces; purchase materials to support the COVID-19 Health Assessment Team. To continue providing meals to students during school closures, summer session, and to support families during virtual learning, funds will support costs associated with alternative food services delivery models and mitigating risk exposure for staff. This includes the acquisition of additional refrigerators and coolers to support grab-and-go meal delivery services. Also funded are materials and supplies necessary for approved HVAC projects in object code 8000, roofing and related maintenance projects. Roof leaks at one school is contributing to building-wide moisture issues. Funds will be used to coat the existing roof structures with a sealant to mitigate leaks and improve air quality to reduce prolonged exposure to airborne pathogens. Casework replacements at 2 schools are planned to repair water damage to improve environmental conditions in instructional areas. Funds will be used to provide equitable services for participating private schools in response to COVID-19. Information provided in advance of VBCPS'briefing to the City Council on January 11,2022 Page 4 Item Description Category Quantity Total Cost Equitable Services 275,320.60 Equitable Services Administration Student technology devices,accessories,peripherals,and supplies 13.Technology 30,000.00 Upgraded laptops for teachers(adequate for virtual learning) 13.Technology 40,000.00 Interactive panels with enhanced virtual instruction capabilities 13.Technology 1,393,702.00 Instructional supply kits for students and specialized PPE 9.Prep and Response 150,000.00 Additional Wi-Fi access points for outdoor areas 13.Technology 0.00 Personal Protective Equipment(PPE)and hand sanitizer 11.Sanitization-Supplies 150,000.00 Supplies to clean and sanitize buses,schools and facilities 11.Sanitization-Supplies 100,000.00 Protective partitions in strategic locations in facilities 9.Prep and Response 15,000.00 Signage to communicate COVID-19 protocols 9.Prep and Response 45,000.00 Medical supplies for school clinics 9.Prep and Response 6,697.79 Materials to support alternative meal delivery/food services 9.Prep and Response 20,000.00 Materials and supplies for school athletics programs 9.Prep and Response 0.00 Technology and supplies for COVID Health Assessment Team 9.Prep and Response 18,000.00 Technology and supplies to support staff telecommuting 16.Other 5,000.00 Materials to support remediation efforts and combat learning loss 1.ESEA 100,000.00 Additional refrigeration units and coolers for grab-and-go meals 9.Prep and Response 35,000.00 Instructional resources,supply kits,technology for Special Ed. 8.At-risk student groups 57,000.00 Upgraded devices and peripherals for non-instructional staff 13.Technology 469,800.00 Materials and supplies for HVAC,roof,and other repair projects 16.Other 831,888.20 Contactless bottle-filling stations 16.Other 150,000.00 Materials and supplies to support extended learning programs 15.Extended learning time 74,247.24 Total for Object Code:L 3,966,655.83 OBJECT CODE 8000 - CAPITAL OUTLAY One of the division's objectives is to mitigate the potential risks of a building's HVAC system being exposed to COVID-19 and other pathogens. VBCPS will use CARES Act funds to support HVAC upgrade and maintenance projects to improve indoor air quality to ensure levels meet or exceed ASHRAE Standard 62.1, Ventilation for Acceptable Indoor Air Quality. Review/inspection of ventilation operations prior to and during building closures for identified sites with inoperable, malfunctioning, or obsolete equipment(make-up air units(MUAU), roof top units (RTUs), etc.)that reduce operational efficiencies and compromise environmental conditions. Upgrade and replacement projects are necessary to maintain proper system operation to effectively control indoor space temperature and humidity to minimize exposure to environmental health hazards for students, visitors and staff. Immediate project work planned for Kempsville ES, Bayside HS, Indian Lakes ES, and the Plaza Annex with additional sites/work determined based on need. Plaza Annex is housed in a former elementary school and contains administrative offices serving both schools and city staff and a variety of support services for student and family needs. Custodians use microfiber cloths that require more frequent washing due to enhanced COVID-19 cleaning protocols. School custodial staff experience difficulties having cleaning materials laundered and ready for daily use due to the age and operational status of existing washer/dryer units. Funds will be used to purchase replacement units for identified schools. Item Description Category Quantity Cost Per Item Total Cost HVAC upgrade and maintenance projects to 16.Other 71,099.60 improve air quality at Kempsville ES Replacement washers and dryers at 7 schools 11.Sanitization-Supplies 7 sets 102,169.20 HVAC projects at Bay side HS 16.Other 346,500.00 HVAC projects at Indian Lakes ES 16.Other 243,527.35 HVAC projects at Plaza Annex 16.Other 318,450.00 Total for Object Code: 1,081,746.15 Information provided in advance of VBCPS'briefing to the City Council on January 11,2022 Page 5 CRRSA ACT APPROVED AMENDMENT (ESSER II) OBJECT CODE 1000 - PERSONNEL SERVICES Funds will be used to support instructional, administrative, and operations staff that are needed because of COVID-19. VBCPS will staff part-time/temporary support positions to assist with the Section 504 process, support socio-emotional programs, and student transitions. Instructional positions include teachers and subs to accommodate modified instructional schedules; additional instructional specialists/coaches to support math skills recovery and provide instructional coaching to support the long-term recovery of unfinished learning and learning loss arising from COVID-19 school closures; tutoring hours for before and after-school programs to provide academic support for the same purpose; temporary employment agreements (TEA) for additional site-assigned daily subs at all VBCPS schools and centers to ensure adequate instructional coverage and support ongoing COVID-19 classroom health/safety mitigation efforts (approx. 190 days at$99/day). Expanded summer programming and offerings will support remediation efforts and recovery of unfinished learning arising from COVID-19 school closures and modified learning schedules to include summer school and boost programs; tutoring; Career&Technical Education programs; foreign language immersion boot camps; performing arts camps; and bridge programs to support student transitions between grade levels are they transition out of the current COVID learning environment. Personnel expenses may include instructional staff, clerical support, counselors, food services staff, site coordinators, security assistants, workshop/curriculum development pay, stipends, and administrative support, among others. Bus driver wages for summer and extended learning programs are also included. Non-instructional COVID-related staffing costs include but are not limited to TEAs for COVID-19 Health Assessment Team staff to conduct health and safety audits at schools and facilities division- wide; additional custodial FTEs and substitutes to accommodate enhanced cleaning and sanitization protocols; supplemental nurse hours for contact tracing, vaccination clinics, testing, and to promote overall student wellness; clerical support and webmasters to provide timely COVID-19 communication with students, families, and caregivers through emails and the COVID-19 dashboard; and support staff(e.g. custodians, security assistants) to support vaccination efforts. Funding will also be utilized for FTE and TEA positions to support face-to-face and virtual learning students during the 2021-22 and 2022-23 school years through the continuation and expansion of the Virtual Learning Center(VLC)Nirtual Virginia/Virtual VB. This initiative will support schools, students, and families as the division transitions back to face-to-face instruction while also providing continuity of services and alternative instructional delivery models in the wake of the COVID-19 pandemic. Expansion of the VLCNirtual VirginiaNirtual VB will provide an additional mechanism to support the recovery of learning loss and unfinished learning for students who thrive in a virtual learning environment. Funding will also target the impacts of COVID- 19 on recruitment and retention. VBCPS had significantly more retirements and resignations during the pandemic than would have experienced during a normal year. A recruitment and retention incentive, not exceeding $2,500, will be provided for hard-to-staff positions. Teachers, bus drivers and assistants, cafeteria assistants, bakers/cooks and managers in training, custodians, security personnel and instructional teacher assistants—all in allocated, benefited positions will receive$2,500 to be distributed in 12 equal payments, beginning with the Jan. 15, 2022 paycheck and continuing through June 30, 2022. This incentive will be prorated to encourage recruitment and retention. The difficulty experienced in recruiting and staffing already hard-to-fill positions for instructional and classified vacancies has further increased. To assist with teacher recruitment and retention, 3.0 FTE Teacher Support and Retainment Liaison positions will be funded to recruit new teachers and serve as coaches/mentors for first through third-year teachers to encourage retention. To assist with recruiting and hiring bus drivers needed to support the return to face-to-face instruction, VBCPS will offer a $750 referral stipend to employees that refer bus driver candidates who successfully gain employment. Employees will receive the first half of the stipend when the referred applicant completes all bus driver training and earns the CDL. The second half of the stipend will be paid out when the referred applicant has completed 90 days of employment beyond the completion of training. To support required summer programming, funds will be used to provide retention stipends to instructional staff facilitating Extended School Year(ESY) special education programs. These incentives are necessary to ensure VBCPS can attract qualified candidates to operate this mandated program. All stipends will be paid after the program using the following rate structure: $1,500 for teachers and therapists; $1,060 for tutors; $864 for interpreters, $600.00 for teacher assistants. Information provided in advance of VBCPS'briefing to the City Council on January 11, 2022 Page 6 Item Description Category F I Fs Total Cost Additional instructional personnel(e.g student support services) 4.Special Populations 0.00 0.00 Instructional personnel and subs to accommodate modified schedules 6.Other 7.00 0.00 Inst.specialists,coaches to support COVID-19 learning loss recovery 6.Other 9.00 569,966.94 Tutors(approximately 15,203 hours at$30.52/hr) 1.Extended School Programs 0.00 0.00 Daily site-based subtitutes for all schools and centers 6.Other 0.00 1,000,000.00 Summer program staff to support COVID-19 learning recovery 1.Extended School Programs 0.00 0.00 Bus driver wages for extended learning programs 1.Extended School Programs 0.00 0.00 COVID-19 Health Assessment Team TEAs 6.Other 0.00 377,331.90 Custodial FTEs and substitutes 3.Sanitization 10.00 0.00 Hourly pay for contact tracers(e.g nurses,support staff,webmaster) 6.Other 0.00 650,000.00 Coordinator and Project Support for the duration of the funding period 6.Other 1.00 0.00 Analyst and principal accountant for duration of funding period to aid 6.Other 2.00 0.00 in the adminsitrative of Coronavirus relief funding Full-time and part-time staff to support the VLCNirtual VirginiaNirtual 6.Other 11.00 891,190.26 Teacher Support and Retainment Liaison 6.Other 3.00 210,552.00 Teacher stipends to assist with recruitment and retention of Extended 6.Other 0.00 303,132.00 School Year(ESY)positions Stipends for bus driver recruiters 6.Other 0.00 85,000.00 Retention incentive for the critical shortage areas that make a lower hourly 6.Other 0.00 6,853,667.50 rate(e.g bus drivers,cafeteria workers,custodians and teacher assistants) Retention incentive for teachers 6.Other 0.00 11,792,375.00 Staffing for vaccination clinics 6.Other 0.00 160,860.21 Total for Object Code: 43.00 22,894,075.81 OBJECT CODE 2000 - EMPLOYEE BENEFITS Item Description Category Total Cost Additional instructional personnel(e.g student support services) 4.Special Populations 0.00 Instructional personnel and subs to accommodate modified schedules 6.Other 0.00 Inst.specialists,coaches to support COVID-19 learning loss recovery 6.Other 228,321.23 Tutors 1.Extended School Programs 0.00 Daily site-based subtitutes for all schools and centers 6.Other 370,000.00 Summer program staff to support COVID-19 learning recovery 1.Extended School Programs 0.00 Bus driver wages for extended learning programs 1.Extended School Programs 0.00 COVID-19 Health Assessment Team TEAs 6.Other 28,865.89 Custodial FTEs and substitutes 3.Sanitization 0.00 Hourly pay for contact traces(e.g nurses,support staff,webmaster) 6.Other 49,725.00 Coordinator and Project Support for the duration of the funding period 6.Other 0.00 Information provided in advance of VBCPS'briefing to the City Council on January 11,2022 Page 7 Item Description Category Total Cost Analyst and principal accountant for duration of funding period 6.Other 0.00 in the administrative of Coronavirus relief funding Full-time and part-time staff to support the VLCNirtual VirginiaNirtual VB 6.Other 289,283.97 Teacher Support and Retainment Liason 6.Other 82,111.05 Teacher stipends to assist with recruitment and retention of Extended School Year 6.Other 23,174.56 (ESY)positions Stipends for bus driver recruiters 6.Other 6,502.50 Retention incentive for the critical shortage areas that make a lower hourly 6.Other 524,305.56 rate(e.g bus drivers,cafeteria workers,custodians and teacher assistants) Retention incentive for teachers 6.Other 902,116.69 Staffing for vaccination clinics 6.Other 12,305.81 Total for Object Code:I 2,516,712.26 OBJECT CODE 3000 - PURCHASED SERVICES/CONTRACTUAL SERVICES To help mitigate the potential risks of a building's HVAC system being exposed to COVID-19 and other pathogens.VBCPS will secure contracted services for enhanced inspections of ventilation operations to verify systems are improving indoor air quality as intended;treatment of HVAC system coils to maintain optimum air quality; work for ongoing humidity issues at identified sites will support improved air quality. Roof leaks at one school are contributing to building-wide moisture issues. Funds will be used to coat the existing roof structures with a sealant to mitigate leaks and improve air quality to reduce prolonged exposure to airborne pathogens. Casework replacements are planned to repair water damage to improve environmental conditions in instructional areas. Funds will support installation and contracted services costs associated with the capital projects outlined in object code 8000. Funds will be used to purchase Zoom video conferencing licenses for students and teachers to continue support of modified operational/instructional strategies necessary due to COVID-19. This enhanced connectivity will allow staff to leverage technology to focus on recovery and deeper learning for students and instructional coaching and professional growth for teachers.Additional technological resources and services will be procured to support ongoing instructional efforts implemented in response to COVID-19, engage with families, provide enhanced learning resources, maintain adequate technical capacity and ensure continuity of services as we continue COVID-19 response efforts and transition back to more traditional instructional settings.VBCPS will use funds to purchase licenses for eHall Pass for middle and high schools. eHall Pass allows student phones(or other devices)to be utilized as electronic hall passes. This will allow schools and administration to monitor and limit the number of students in the halls, maintain and monitor social distancing, reduce the number of staff needed to monitor halls,target area(s)that need cleaning and sanitizing, assist with contact tracing by identifying who was in the hallway/restrooms and at what times. Funding will also be used to contract with Communities in Schools Hampton Roads (CISHR)to support student achievement and social-emotional learning. Their working relationships with service agencies, corporations, foundations, and access to a variety of community resources allow them to address vital social-emotional needs that prevent students from achieving their full academic potential. Funding will be used to procure IXL for high school mathematics students above Algebra I. IXL will provide teachers will meaningful data that can be leveraged in the planning, teaching, and assessing of mathematics to identify learning gaps and ensure that all students are successful post-pandemic. To address critical staffing shortages for specialized instructional positions needed to support post-pandemic instructional recovery, VBCPS will contract with universities to create learning pathways for teachers to obtain specialized endorsements in reading, math, or special education. These learning cohorts will develop the capacities and qualifications of existing staff to fill these critical positions and promote increased student achievement post- pandemic. Funding will also be used to support LETRS®(Language Essentials for Teachers of Reading and Information provided in advance of VBCPS'briefing to the City Council on January 11,2022 Page 8 Spelling)training for teachers to address pandemic-related reading gaps and early literacy in schools. To support ongoing communication with families, funds will be used to generate brochures and other printed literature to keep families apprised of expanded program offerings and available resources throughout the pandemic and during recovery. Funding will also be utilized to continue the expansion of the VLCNirtual VirginiaNirtual VB to provide ongoing support for students receiving virtual instruction. This initiative will support schools, students, and families as the division transitions back to face-to-face instruction while also providing continuity of services and alternative instructional delivery models in the wake of the COVID-19 pandemic. Expansion of the VLCNirtual VirginiaNirtual VB will provide an additional mechanism to support the recovery of learning loss and unfinished learning for students who thrive in a virtual learning environment. Funds for digital/online course enrollment fees for students enrolled in the VLCNirtual VirginiaNirtual VB are budgeted for this purpose. Finally, purchased services and contractual costs associated with the site preparation, installation, delivery, and dismantling of leased portables and modular classrooms are budgeted for in object code 3000. This includes but is not limited to permits; licensing fees and subscriptions; drawings and site plans; contracted costs for trade-related installations (e.g. plumbing, electrical, carpentry,telecommunications, etc.). Item Description Category Total Cost Contracted services for HVAC system cleaning,disinfection,and maintenance 6.Other 0.00 Contracts to support systematic verification of ventilation systems operations 6.Other 0.00 Zoom video conferencing licenses to support remote learning 5.Technology 100,590.00 G Suite Enterprise to support continuity of services for virtual learners 5.Technology 171,000.00 Subsciptions for eBooks to expand student access to reading materials 5.Technology 175,000.00 Seesaw subscription for grades K-5 to support learning and engagment 5.Technology 0.00 Additional online subscriptions and resources to support learning 5.Technology 0.00 Professional learning and coursework for math and reading endorsements 6.Other 630,000.00 Professional learning and coursework for special education endorsements 4.Special Populations 0.00 LETRS®training and resources for staff 6.Other 250,000.00 Reprographics and printing of informational materials 6.Other 0.00 Installation and purchased services costs for HVAC projects 6.Other 0.00 Casework replacement/repair-Fairfield ES,Landstown HS,White Oaks 6.Other 0.00 Contracted services for roof coating at John B.Dey 6.Other 0.00 Contracted services for HVAC projects related to humidity 6.Other 0.00 Contracted services related to portables and modular classrooms 6.Other 0.00 Digital/online course enrollment fees for VLC students($3,600 x 555 students) 6.Other 1,998,000.00 Contracted services with Communities in Schools 6.Other 132,880.00 Software license for eHall Pass for middle and high school students 5.Technology 32,500.00 IXL online assessment,practice,and learning tool for mathematics 5.Technology 57,000.00 Total for Object Coder 3.546,970.00 Information provided in advance of VBCPS'briefing to the City Council on January 11,2022 Page 9 OBJECT CODE 4000 - INTERNAL SERVICES Fuel for school buses transporting students during summer and extended learning programs. Access to summer programming is an essential element in addressing learning loss and unfinished learning due to COVID-19 closures and modified instructional environments. Item Description Category Total Cost Bus fuel for student transportation I Extended School Programs 0.00 Total for Object Code: 0.00 OBJECT CODE 5000 - OTHER CHARGES Item Description Category Total Cost Indirect Cost Id 2.2% 6.Other 703,357.55 Monthly rate plan for hotspots to provide internet access to students 5.Technology 400,000.00 Lease payments for up to 105 modular classrooms,portables and required 6.Other 0.00 components for a 24-month lease term Total for Object Code: 1,103,357.55 OBJECT CODE 6000 - MATERIALS AND SUPPLIES VBCPS will continue acquiring technology for students and staff to support virtual learning and ensure availability of adaptive/assistive technology for special needs students; upgraded devices/peripherals for teachers and classrooms to maximize instructional capabilities and upgraded equipment for non-instructional school-based staff to support ongoing COVID-19 response and recovery efforts. Many of the software applications and technologies implemented in response to the pandemic require greater computing capacity and necessitate updated and reliable technology to best support the needs of schools, students, and families. ESSER II funds will provide materials to support learning and remediation initiatives; resources for summer, supplemental, and extended learning programs; textbooks and related course materials will be provided for staff participating in grant-funded professional learning opportunities. To support the division's health mitigation strategies, medical supplies will be purchased for school clinics; PPE and hand sanitizer will be provided to students, staff, and visitors as appropriate. VBCPS will purchase/distribute additional materials and supply kits for students to minimize shared contact; provide specialized PPE for arts and CTE courses; supplies to mitigate risk exposure for student-athletes & extracurricular programs. Additional precautions must be undertaken to ensure the safety of participants, spectators, and staff as these high-contact, close-proximity activities resume. As face-to-face operations resume, additional furniture is needed to accommodate social distancing during mealtimes and utilize alternative indoor/ outdoor areas to maximize space. Disinfectants, air purifiers, filters, sprayers, and other related supplies and equipment to sanitize buses, schools, and facilities will be purchased; signage to communicate procedural changes and safe behavioral practices; additional bottle filling stations to reduce contact surfaces; supplies to support modified food services operations due to COVID-19; materials and supplies necessary for approved HVAC projects in object code 8000; work for ongoing humidity issues at identified school sites will support improved air quality, roofing, and related maintenance projects. Roof leaks at one school are contributing to building-wide moisture issues. Funds will be used to coat the existing roof structures with a sealant to mitigate leaks and improve air quality to reduce prolonged exposure to airborne pathogens. Casework replacements are planned to repair water damage to improve environmental conditions in instructional areas. Non-capitalized materials and supply costs associated with the installation and preparation of portables and modular classrooms for student occupancy such as but not limited to stoops and stairs, ADA compliant ramps, and awnings; wood for decking; trades-related equipment and materials (e.g., electrical materials, wire, light fixtures, concrete, plumbing fixtures, etc.); fencing; security cameras and related security access equipment; furnishings and technology; signage; etc. Information provided in advance of VBCPS'briefing to the City Council on January 11, 2022 Page 10 Item Description Category Quantity Total Cost Upgraded devices and peripherals for teachers 5.Technology 0.00 Upgraded devices and peripherals for non-instructional staff 5.Technology 0.00 Materials and supplies for extended learning programs 1.Extended School Programs 0.00 Instructional resources for classroom and remediation initiatives 6.Other 0.00 Instructional supply kits for students and specialized PPE 6.Other 0.00 Personal Protective Equipment 3.Sanitization 224,999.99 Hand sanitizer,disinfectants,sanitizing products and equipment 3.Sanitization 1,499,450.00 Materials/supplies for extracurricular&school athletics programs 6.Other 0.00 Medical supplies for school clinics 6.Other 0.00 COVID-related signage 6.Other 0.00 Contactless bottle-filling stations 6.Other 0.00 Textbooks and related materials for professional learning 6.Other 150,000.00 Textbooks and related materials for professional learning(Sp.Ed) 4.Special Populations 0.00 Materials and supplies for modified food services operations 6.Other 190,059.84 Furniture for schools to accommodate social distancing 6.Other 0.00 Materials and supplies for HVAC,roof,and other repair projects 6.Other 0.00 Materials and supplies to support the preparation and installation 6.Other 0.00 of modular classroom and portables for student occupancy Upgraded devices for classrooms(4,562 xapprox$lk each) 5.Technology 4,495,500.00 Total for Object Coder 6,560,009.83 OBJECT CODE 8000 - CAPITAL OUTLAY Funds will support HVAC projects to improve indoor air quality to ensure levels meet or exceed ASHRAE Standard 62.1, Ventilation for Acceptable Indoor Air Quality. Review/inspection of ventilation operations before and during building closures identified sites with inoperable, malfunctioning, or obsolete equipment(make-up air units (MUAU), rooftop units (RTUs), etc.)that reduce operational efficiencies and compromise environmental conditions. Upgrade and replacement projects are necessary to maintain proper system operation to effectively control indoor space temperature and humidity to minimize exposure to environmental health hazards for students, visitors, and staff. Immediate project work for MUAU/RTU replacements planned for 6 elementary schools, 1 high school, and the Plaza Annex with additional sites/work determined based on need. Plaza Annex is housed in a former elementary school and contains administrative offices serving both schools and city staff and a variety of support services for student and family needs. Custodians use microfiber cloths that require more frequent washing due to enhanced COVID-19 cleaning protocols. School custodial staff experience difficulties having cleaning materials laundered and ready for daily use due to the age and operational status of existing washer/dryer units. Funds will be used to purchase replacement units for identified schools. Item Description Category Quantity Cost Per Item Total Cost HVAC projects at Bayside HS 6.Other 0.00 HVAC projects at Indian Lakes ES 6.Other 0.00 HVAC projects at Plaza Annex 6.Other 0.00 HVAC MUAU Replacements at Pembroke 6.Other 0.00 ES,Malibu ES,Trantwood ES HVAC projects at Kingston ES 6.Other 0.00 HVAC RTU replacement at Thalia ES 6.Other 0.00 Replacement washer/dryers for seven schools 3.Sanitization 7 sets 88,072.20 Total for Object Coder 88,072.20 Information provided in advance of VBCPS'briefing to the City Council on January 11,2022 Page 11 ARP ACT APPROVED AMENDMENT (ESSER III) Twenty percent of funds must be used to address learning loss through the implementation of evidence-based interventions and ensure that those interventions respond to students' social, emotional, and academic needs and address the disproportionate impact of COVID-19 on underrepresented student subgroups (each major racial and ethnic group, children from low-income families, children with disabilities, English learners, gender, migrant students, students experiencing homelessness and children and youth in foster care) OBJECT CODE 1000 - PERSONNEL SERVICES Funds will be used to support instructional, administrative, and operations staff that are needed because of the COVID-19 pandemic. VBCPS will employ part-time/temporary and FTE ESL teachers through the 2023/24 school year to provide additional support for English Learners and decrease the student-teacher ratio in the English learner population. Instructional positions may also include teachers and subs to accommodate modified instructional schedules. VBCPS will also staff part-time/temporary and FTE instructional specialists/coaches to support math skills recovery, early numeracy, and provide instructional coaching to support long-term recovery of unfinished learning arising from COVID-19 school closures; tutoring hours for before and after-school programs to provide academic support for the same purpose. Expanded summer programming and offerings will support remediation efforts and recovery of unfinished learning arising from COVID-19 school closures and modified learning schedules to include summer school and boost programs, tutoring, CTE programs, foreign language immersion boot camps, performing arts camps and bridge programs to support student transitions between grade levels. Personnel expenses may include instructional staff, clerical support, counselors, food services staff, site coordinators, security assistants, workshop/curriculum development pay, stipends and administrative support, among others. Bus driver wages for summer and extended learning programs are also included. Non-instructional COVID-related staffing costs include but are not limited to six part-time Family Outreach Representatives to support the division's highest-need families and families of English Learners during the COVID-19 pandemic; supplemental nurse hours for contact tracing, vaccination clinics, testing, and to promote overall student wellness; clerical support and webmasters to provide timely COVID-19 communication with students, families, and caregivers through emails and the COVID-19 dashboard; and support staff(e.g. custodians, security assistants) to support vaccination efforts). Funding will also be utilized for FTE and TEA positions to support virtual learning students during the 2022-23 and 2023-24 school years through the continuation and expansion of the Virtual Learning Center (VLC)Nirtual VirginiaNirtual VB. This initiative will support schools, students, and families as the division transitions back to face-to-face instruction while also providing continuity of services and alternative instructional delivery models in the wake of the COVID-19 pandemic. Expansion of the VLCNirtual VirginiaNirtual VB will provide an additional mechanism to support the recovery of learning loss and unfinished learning for students who thrive in a virtual learning environment. Funding will also target the impacts of COVID-19 on recruitment and retention. VBCPS had significantly more retirements and resignations during the pandemic than would have experienced during a normal year. VBCPS had significantly more retirements and resignations during the pandemic than would have experienced during a normal year. The difficulty experienced in recruiting and staffing already hard-to-fill positions for instructional and classified vacancies has further increased. A recruitment and retention incentive, not exceeding $2,500, will be provided for hard-to-staff positions. Teachers, bus drivers and assistants, cafeteria assistants, bakers/cooks and managers in training, custodians, security personnel and instructional teacher assistants—all in allocated, benefited positions will receive$2,500 to be distributed in 12 equal payments, beginning with the Jan. 15, 2022 paycheck and continuing through June 30, 2022. This incentive will be prorated to encourage recruitment and retention. As with neighboring school divisions, VBCPS is dealing with a shortage of substitute teachers. To help combat the issue, VBCPS has allocated funding to increase the daily rate for all instructional substitute teacher positions by $30 per day. To assist with teacher recruitment and retention, 3.0 FTE Teacher Support and Retainment Liaison positions will be funded to recruit new teachers and serve as coaches/mentors for first through third year teachers to encourage retention. To assist with recruiting and hiring bus drivers needed to support the return to face-to-face instruction, VBCPS will offer a $750 referral stipend to employees that refer bus driver candidates who successfully gain employment. Employees will receive the first half of the stipend when the referred applicant completes all bus driver training and earns the CDL. The second half of the stipend will be paid when the referred applicant has completed 90 days of employment beyond the completion of training. To support required summer programming, funds will be used to provide retention stipends to instructional staff facilitating Extended School Year(ESY) special education programs. These incentives are necessary to ensure VBCPS can attract qualified candidates to operate this mandated program. All stipends will be paid at the conclusion of the program using the following rate structure: $1,500 for teachers and therapists; $1,060 for tutors; $864 for interpreters, $600.00 for teacher assistants. Funds will also support Information provided in advance of VBCPS'briefing to the City Council on January 11,2022 Page 12 stipends for teacher simultaneously instructing virtually and face-to-face and pay additional class allowances (stipends/allowances up to$2,000 per quarter)to accommodate modified schedules and employer costs for paid leave for reasons related to COVID-19 Item Description Category F FEs Total Cost Total Cost Leammg Loss Not Learning Loss Teacher stipends to assist with recruitment and retention of 6.Other 0.00 606,264.00 0.00 Extended School Year(ESY)positions Family Outreach Representatives 4.Special Populations 0.00 0.00 800,000.00 Additional full-time equivalent instructional personnel(e.g ESL) 4.Special Populations 1.00 176,901.48 0.00 Teacher Support and Retainment Liaisons 6.Other 3.00 0.00 440,243.18 Stipends for bus driver recruitment program 6.Other 0.00 0.00 170,000.00 Instructional specialists/coaches to support unfinished learning 6.Other 9.00 569,966.94 0.00 Full-time and part-time staff to support Virtual VirginiaNirtual 6.Other 16.00 4,016,315.44 0.00 Teacher stipends and additional class allowances to accommodate 6.Other 0.00 5,000,000.00 0.00 schedules Tutors(approximately 22,703 hours at$30.0722/hour) 1.Extended School Programs 0.00 728,135.16 0.00 Summer program staff to support unfmished learning I.Extended School Programs 0.00 6,057,481.54 0.00 Bus driver wages for extended learning programs 1.Extended School Programs 0.00 750,000.00 0.00 Extended learning program staff and additional class allowances 1.Extended School Programs 0.00 50,000.00 0.00 Hourly pay for contact tracers(e.g,nurses,support,webmaster) 6.Other 0.00 0.00 150,000.00 Employer costs for paid leave for reasons related to COVID-19 6.Other 0.00 0.00 873,112.56 Additional part-time/temporary instructional personnel 1.Extended School Programs 0.00 678,910.00 0.00 Instructional personnel and subs to accommodate modified 6.Other 0.00 415,604.09 0.00 schedules Daily site-based substitutes for all schools and centers 6.Other 0.00 1,000,000.00 0.00 Increase all teacher sub pay by$30/day(average 600 subs/day) 6.Other 0.00 10,350,000.00 0.00 Staffing for vaccination clinics(e.g,nurses,clerical,custodians, 6.Other 0.00 250,000.00 security) Retention incentive for teachers(cost split between CRRSA 6.Other 0.00 1,402,923.00 0.00 ESSER II and ARP ESSER III) Total for Object Code:) 29.001 31,802,501.651 2,683,355.741 OBJECT CODE 2000 - EMPLOYEE BENEFITS Item Description Category Total Cost Total Cost Learning Loss Not Leaming Loss Teacher stipends to assist with recruitment and retention of ESY positions 4.Special Populations 46,379.20 0.00 Family Outreach Representatives 4.Special Populations 0.00 61,200.00 Additional full-time equivalent instructional personnel 4.Special Populations 73,085.98 0.00 Teacher Support and Retainment Liaisons 6.Other 0.00 169,355.22 Stipends for bus driver recruitment program 6.Other 0.00 13,005.00 Instructional specialists/coaches to support unfmished learning 1.Extended School Programs 228,321.23 0.00 Full-time and part-time staff to support the Virtual VirginiaNirtual VB 6.Other 1,397,739.74 0.00 Teacher stipends and additional class allowances to accommodate schedules 6.Other 382,500.00 0.00 Tutors 1.Extended School Programs 55,702.34 0.00 Summer program staff to support unfinished learning I.Extended School Programs 463,397.34 0.00 Bus driver wages for extended teaming programs 1.Extended School Programs 57,375.00 0.00 Extended learning program staff and additional class allowances 1.Extended School Programs 3,825.00 0.00 Hourly pay for contact tracers(e.g,nurses and support staff) 6.Other 0.00 11,475.00 Employer costs for paid leave for reasons related to COVID-19 6.Other 0.00 66,793.11 Additional part-time/temporary instructional personnel 1.Extended School Programs 51,936.62 0.00 Instructional personnel and subs to accommodate modified schedules 6.Other 155,561.68 0.00 Daily site-based substitutes for all schools and centers 6.Other 370,000.00 0.00 Increase all teacher sub pay by$30/day 6.Other 791,775.00 0.00 Staffing for vaccination clinics(e.g,nurses,clerical,custodians,security) 6.Other 19,125.00 Retention incentive for teachers(cost split between CRRSA ESSER II and ARP 6.Other 107,323.00 0.00 ESSER Ill) Total for Object Coder 4,184,922.131 340,953.331 Information provided in advance of VBCPS'briefing to the City Council on January 11,2022 Page 13 OBJECT CODE 3000 - PURCHASED SERVICES/CONTRACTUAL SERVICES To help mitigate the potential risks of a building's HVAC system being exposed to COVID-19 and other pathogens. VBCPS will secure contracted services for enhanced inspections of ventilation operations to verify systems are improving indoor air quality as intended; treatment of HVAC system coils to maintain optimum air quality; work for ongoing humidity issues at identified sites will support improved air quality. Funds will support installation and contracted services costs associated with the capital projects outlined in object code 8000. VBCPS will use funds to purchase licenses for eHall Pass for middle and high schools. eHall Pass enables student phones (or other devices) to be utilized as an electronic hall passes. This will permit schools and administration to monitor and limit the number of students in the halls, maintain and monitor social distancing, reduce the number of staff needed to monitor halls, target area(s)that need cleaned and sanitized, assist with contact tracing by identifying who was in the hallway/restrooms and at what times. Funding will also be used for the implementation of a contact tracing application. This application is necessary to increase the capacity to handle contact tracing in partnership with the Virginia Department of Health. Timely contact tracing is essential to prevent the spread of COVID-19 and make timely decisions to quarantine individuals or close facilities. Funds will be used to purchase Zoom video conferencing licenses for students and teachers to continue support of modified operational/instructional strategies necessary due to COVID-19. This enhanced connectivity will allow staff to leverage technology to focus on recovery and deeper learning for students and instructional coaching and professional growth for teachers. Funding will also be used to contract with Communities in Schools Hampton Roads (CISHR) to support student achievement and social-emotional learning. Their working relationships with service agencies, corporations, foundations, and access to a variety of community resources allows them to address vital social-emotional needs that prevent students from achieving their full academic potential. VBCPS will also use funds to contract with external tutoring resources to provide activities that meet the needs of targeted, at-risk student populations. As a result of the pandemic and school closures, secondary students have demonstrated a need for additional instructional support in English and mathematics. Funding will be used to procure IXL for high school mathematics students above Algebra I. IXL will provide teachers will meaningful data that can be leveraged in the planning, teaching, and assessing of mathematics to identify learning gaps and ensure that all students are successful post-pandemic. Additional technological resources and services will be procured to support ongoing instructional efforts implemented in response to COVID-19, engage with families, provide enhanced learning resources, maintain adequate technological capacity and ensure continuity of services as we continue COVID-19 response efforts and transition back to more traditional instructional settings. To address critical staffing shortages for specialized instructional positions needed to support post-pandemic instructional recovery, VBCPS will contract with universities to create learning pathways for teachers to obtain specialized endorsements in reading and math. These learning cohorts will develop the capacities and qualifications of existing staff to fill these critical positions and promote increased student achievement post- pandemic. Funding will also be utilized to continue expansion of the VLCNirtual VirginiaNirtual VB to provide ongoing support for students receiving virtual instruction. This initiative will support schools, students, and families as the division transitions back to face-to-face instruction while also providing continuity of services and alternative instructional delivery models in the wake of the COVID-19 pandemic. Expansion of the VLCNirtual VirginiaNirtual VB will provide an additional mechanism to support the recovery of learning loss and unfinished learning for students who thrive in a virtual learning environment. Funds for digital/online course enrollment fees for students enrolled in the VLCNirtual VirginiaNirtual VB are budgeted for this purpose. Funding will also be used to allocate for on-demand, real-time translation and interpretation services to effectively communicate instructional information, COVID-19 response efforts and school community information to families with limited English proficiency. Item Description Category Total Cost Total Cost Learning Loss not Learning Loss IXL online assessment,practice,and learning tool for mathematics 5.Technology 120,000.00 0.00 Mastery Connect Assessment and Benchmark Software 5.Technology 982,650.00 0.00 Software license for eHall Pass for middle and high school students 6.Other 0.00 65,000.00 Translation services and language support for English learner families 4.Special Populations 0.00 300,000.00 Course enrollment fees for Virtual VA($3,600 x approx 1,447 students x 2 years) 6.Other 10,422,000.00 0.00 Subscriptions for eBooks to expand student access to reading materials 5.Technology 175,000.00 0.00 Seesaw subscription for grades K-5 to support learning and engagement 5.Technology 354,000.00 0.00 Whitebox Learning Dragster 2.0 STEM subscription to support learning 5.Technology 43,875.00 0.00 Cengage Learning MindTap subscription to support learning 5.Technology 28,009.80 0.00 Tooling)subscription to support learning 5.Technology 54,000.00 0.00 Amatrol Learning Library to support learning 5.Technology 12,000.00 0.00 Additional subscriptions and services to support learning 5.Technology 500,000.00 0.00 Information provided in advance of VBCPS'briefing to the City Council on January 11,2022 Page 14 Item Description Category Total Cost Total Cost Learning Loss Not Learning Loss Design fees and contracted services for removal of the existing roof system and the 6.Other 0.00 400,000.00 application of a new roofing system for HVAC project at First Colonial HS Contracted services to replace select roof mounted packaged HVAC systems at First 6.Other 0.00 0.00 Colonial HS,Kempsville HS,and old Kellam HS Contracted services to replace roof mounted air handling units at Landstown HS 6.Other 0.00 0.00 Contracted services to replace the existing energy recovery units and heat pump 6.Other 0.00 0.00 at College Park ES Contracted services to renovate HVAC system at Malibu ES 6.Other 0.00 1,720,000.00 Contracted services to renovate HVAC system at Corporate Landing MS 6.Other 0.00 0.00 Contracted services to replace existing roof and associated HVAC equipment at 6.Other 0.00 0.00 Lakes HS Contracted services to upgrade HVAC in the School Administration Building 6.Other 0.00 0.00 Contracted services for HVAC system cleaning,disinfection,and maintenance 6.Other 0.00 0.00 Professional learning and coursework for math and reading endorsements 6.Other 0.00 0.00 Tutoring services with Focused EduVation(FEV)Tutoring 1.Extended School Programs 450,000.00 0.00 Tutoring services with TutorEd of University Instructors,Inc(UI) 1.Extended School Programs 3,880,000.00 0.00 Contracted services with Communities in Schools 6.Other 265,600.00 0.00 G Suite Enterprise(approx$171K/year) 5.Technology 0.00 513,000.00 Zoom video conferencing licenses to support remote learning 5.Technology 0.00 222,000.00 Contact tracing software 6.Other 100,000.00 Contact tracing license 6.Other 82,000.00 Total for Object Coder 17,287,134.801 3,402,000.001 OBJECT CODE 4000 - INTERNAL SERVICES Fuel for school buses transporting students during summer and extended learning programs.Access to summer programming is an essential element in addressing learning loss and unfinished learning due to COVID-19 closures and modified instructional environments. Item Description Category Total Cost Total Cost Learning Loss Not Learning Loss Bus fuel for student transportation 1.Extended School Programs 500,000.00 0.00 Total for Object Coder 500,000.001 0.00 OBJECT CODE 5000 - OTHER CHARGES VBCPS will pay indirect costs calculated at the current restricted rate; the FY22 rate for VBCPS is 2.2%. The division will use grant funds to pay monthly rate plan fees for hotspots and Internet subsidies to provide connectivity for students with no internet access. Item Description Category Total Cost Total Cost Learning Loss Not Leaming Loss Indirect cost at 2.2'Y 6.Other 0.00 1,264,742.96 Monthly rate for hotspots to provide intemet access to students 5.Technology 0.00 800,000.00 Internet access subsidy for students 5.Technology 0.00 120,000.00 Total for Object Code:I 0.001 2,184,742.961 OBJECT CODE 6000 - MATERIALS AND SUPPLIES VBCPS will continue acquiring technology for students and staff to support virtual learning and ensure availability of adaptive/assistive technology for special needs students; upgraded devices/peripherals for teachers and classrooms to maximize instructional capabilities and upgraded equipment for non-instructional school-based staff to support ongoing COVID-19 response and recovery efforts. Many of the software applications and technologies implemented in response to the pandemic require greater computing capacity and necessitate updated and reliable technology to best support the needs of schools, students, and families. ESSER Ill funds will provide materials to support learning and remediation initiatives; resources for summer, supplemental, and extended learning programs;textbooks and related course materials will be provided for staff participating in grant-funded professional learning opportunities. To support the division's health mitigation strategies PPE and hand sanitizer will be provided to students, staff, and visitors as appropriate.As face-to-face operations resume, additional furniture may be needed to accommodate social distancing in classrooms and during mealtimes. Disinfectants, air Information provided in advance of VBCPS'briefing to the City Council on January 11,2022 Page 15 purifiers, filters, sprayers and other related supplies and equipment to sanitize buses, schools and facilities will be purchased; signage to communicate procedural changes and safe behavioral practices. Funding will also be used to purchase materials and supplies necessary for approved HVAC projects in object code 8000. Item Description Category Quanti Total Cost Total Cost Ty Learning Loss Not Learning Loss Upgraded devices for teachers and classrooms(approx 4,000) 5.Technology 4,000.00 0.00 4,000,000.00 Instructional materials and supplies for students 6.Other 1,500,000.00 0.00 Furniture for schools to accommodate social distancing 6.Other 0.00 250,000.00 Touchless sanitizing floor stand stations for cafeterias 6.Other 0.00 10,000.00 - Additional refrigeration units,freezers,and coolers for gab-and-go 6. Other 0.00 196,944.30 meals Carts to accommodate service for in-classroom food consumption 6.Other 0.00 19,101.66 - Cafeteria tables/seating furniture to accommodate social distancing 6.Other 0.00 1,836,947.02 Hand sanitizer,disinfectants,sanitizing products and equipment 6.Other 0.00 7,690,000.00 Textbooks and related materials for professional learning 6.Other 0.00 0.00 Personal protective equipment 6.Other 0.00 1,463,350.26 Materials and supplies for HVAC,roof,and other repair projects 6.Other 0.00 850,000.00 Student technology devices,accessories,peripherals,and supplies 5.Technology 0.00 15,000.00 Number Worlds Prevention kits for K-2 6.Other 20,909.02 0.00 Sound Partners research-based tutoring program resources - 6.Other 74,331.11 0.00 COVID-related signage 6.Other 0.00 50,000.00 Total for Object Code:I 1.595,240.131 16,381;343.241 OBJECT CODE 8000 - CAPITAL OUTLAY Funds will support HVAC projects to improve indoor air quality to ensure levels meet or exceed ASHRAE Standard 62.1, Ventilation for Acceptable Indoor Air Quality. Review/inspection of ventilation operations prior to and during building closures identified sites with inoperable, malfunctioning, or obsolete equipment(make-up air units(MUAU), roof top units (RTUs), etc.)that reduce operational efficiencies and compromise environmental conditions. Upgrade and replacement projects are necessary to maintain proper system operation to effectively control indoor space temperature and humidity to minimize exposure to environmental health hazards for students, visitors, and staff. Immediate project work has been identified for HVAC replacements and modifications at First Colonial HS(includes associated roof work/modifications), Kempsville HS, Old Kellam, Landstown HS, College Park ES, Malibu ES, Corporate Landing MS, Ocean Lakes HS, and the School Administration Building. Custodians use microfiber cloths that require more frequent washing due to enhanced COVID-19 cleaning protocols. School custodial staff experience difficulties having cleaning materials laundered and ready for daily use due to the age and operational status of existing washer/dryer units. Funds will be used to purchase replacement units for identified schools. Item Description Category Quantity Cost Per Total Cost Total Cost Item Learning Loss Not Leaming Loss Roofing/HVAC projects at First Colonial HS 6.Other 0.00 200,000.00 HVAC projects at First Colonial HS,Kempsville HS and old 6.Other 0.00 0.00 HVAC projects at Landstown HS 6.Other 0.00 0.00 HVAC projects at College Park ES 6.Other 0.00 0.00 HVAC projects at Malibu ES 6.Other 0.00 1,680,000.00 HVAC projects at Corporate Landing MS 6.Other 0.00 0.00 HVAC projects at Ocean Lakes HS 6.Other 0.00 0.00 HVAC projects at the School Administration Building - 6.Other 0.00 0.00_ Replacement washers/dryers for twelve schools 6.Other 12.00 15,000.00 0.00` 260,000.00 Total for Object Coder 0.00 2,140,000.00 Information provided in advance of VBCPS'briefing to the City Council on January 11,2022 Page 16 VIRGINIA BEACH CITY PUBLIC SCHOOLS CHARTING THE COURSE Details of maintenance and repair projects and equipment totaling$5,011,000 Buildings past the 10-year life paintings cycle or in poor conditions $1,300,000 Handball court wall replacement at Malibu ES,Thalia ES and Kingston ES $120,000 Stage curtain replacement at various schools $85,000 Replace tiles in gym hallway with rubber floor system at Tallwood HS $100,000 Athletic locker replacement at Ocean Lakes HS $250,000 ADA lock replacement at various schools $550,000 Science rooms remodels(cabinetry)at Cox HS $250,000 Casework(cabinetry) replacement at Princess Anne ES $350,000 Casework(cabinetry) replacement at King's Grant ES $320,000 Casework(cabinetry) replacement at Holland ES $310,000 Casework(cabinetry) replacement at the Technical and Career Education Center $150,000 Science rooms casework(cabinetry) replacement at Plaza MS $475,000 Science rooms remodels (cabinetry)at Lynnhaven MS $150,000 Carpet replacement at Bayside HS $105,000 Carpet replacement at Salem HS $41,000 Carpet replacement at Independence MS $135,000 Carpet replacement at Tallwood HS $145,000 Carpentry equipment $175,000 Total of maintenance and repair projects and equipment $5,011,000 Information provided in advance of VBCPS'briefing to the City Council on January 11,2022 1 I. FORMAL SESSION AGENDA 1. CONSENT AGENDA J. ORDINANCES/RESOLUTIONS 1. Ordinances to AMEND: a. Section 1.3 and 1-30 of the Stormwater Management Ordinance(Appendix D) re Stormwater Appeals Board b. Section 1.2 of the Public Works Design Standards Manual re variances (Deferred from November 9, 2021) 2. Resolution to DIRECT the City Attorney to file a Petition for a Writ of Special Election re Office of Council Member in District 1 (Formerly District 2—Kempsville) 3. Resolution to DIRECT the City Attorney to END the Appeal in the Holloway, et al. v. City of Virginia Beach, et al. litigation(Requested by Council Member Rouse) 4. Ordinance to TRANSFER $60,000 from the General Fund City Council Emergent Needs Reserve to the FY 2021-22 Communications Office Operating Budget for Public Outreach re the City's election system and new districts (Requested by Council Member Rouse) 5. Resolution to AUTHORIZE and DIRECT the City Manager to EXECUTE a Project Participation Agreement between the City of Virginia Beach and the Southside Network Authority 6. Ordinances to ACCEPT and APPROPRIATE: a. $300,000 from the Landmark Foundation to the FY 2021-22 Public Health Operating Budget and AUTHORIZE grant-supported positions re Baby Care Program b. $547,358 from the Virginia Department of Justice to the FY 2021-22 Commonwealth Attorney's Operating Budget and AUTHORIZE 25% in-kind Grant Match by the Commonwealth Attorney's and one (1) grant-funded full-time position in Human Services re drug treatment court �S �Ku e�yL' ..i, ,,,, ..„ ....,,,,....,, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: AN ORDINANCE TO AMEND SECTIONS 1-3 AND 1-30 OF APPENDIX D, STORMWATER MANAGEMENT PERTAINING TO THE STORMWATER APPEALS BOARD AND SECTION 1.2 OF THE PUBLIC WORKS DESIGN STANDARDS MANUAL PERTAINING TO VARIANCES MEETING DATE: January 18, 2022 • Background: This item was originally continued during the July 6, 2021 public hearing to allow for more input from the development community. On September 7, 2021 the item was continued by City Council to have more comprehensive discussions about the Stormwater Appeals Board's delegated authority and discussions about how to streamline the development process with the existing stormwater regulations that were adopted with the new Public Works Design Standards Manual in June 2020. Staff has met regularly with the development community over both topics since August and will be prepared to present the completed items to City Council on December 14 with a potential City Council vote on stormwater management regulation and the Stormwater Appeals Board updates on the January 18, 2022 public meeting. The Stormwater Appeals Board was initially created in compliance with state law changes to stormwater regulations in 2014. The Board consists of three citizen members and three City staff members representing Planning, Public Works and Public Utilities. After hearing feedback regarding the make up of the board from the development community, changes were presented to City Council on June 1, 2021 and this ordinance reflects that proposal. All voting members of the board are proposed to be citizens with a background in "sciences, earth science, soil science, natural resources, chemistry, or other commensurate professional or educational background." It also requires that members shall not be actively involved in the submission of stormwater applications to the City. The proposed ordinance designates the Departments of Planning and Public Works as staff liaisons to the board with Planning serving as the primary contact for the appeal process for private development. The ordinance states hearings for appeals will be scheduled within 60 days of receiving the written appeal application., establishes a $500 application fee, and the ordinance also establishes findings for which the board shall review appeals against. The second ordinance amends the Public Works Design Standards Manual appeal process. Currently, the manual allows for those denied a variance request to the Stormwater Appeals Board Ordinance Amendments Page 2 of 2 stormwater requirements (Chapter 8) by either Planning or Public Works to be appealed to the Director of Public Works. This amendment changes the requirement to direct appeals to Public Works Design Standards, Chapter 8 variance decisions to the Stormwater Appeals Board. The Stormwater Appeals Board will only be permitted to hear appeals to decisions made by an Administrator relative to the Stormwater Management Ordinance or Public Works Design Standards Manual variance decisions. • Considerations: The amendments set forth a more detailed process for appeals and which agency will process the appeal request. It also allows for the board to hear appeals to variance decisions of both the Stormwater Management Ordinance and Chapter 8 of the Public Works Design Standards Manual pertaining to stormwater requirements. The changes to the makeup of the board will allow for more independent review of appeals and will remove staff as voting board member. The proposed changes reflect discussions with the City Council Liaison. The proposed ordinance revisions were shared with the Coastal Virginia Building Industry Association (CVBIA). Comments from CVBIA were received and are attached. Recommendations: Staff recommends deferral of the Ordinance revisions to the February 1, 2022 public meeting to allow staff to brief City Council and to complete the extended period for public input on any proposed changes. • Attachments: Ordinance CVBIA comments Recommended Action: Staff recommends Approval. �� Submitting Department/Agency: Planning Department �/ City Manager: 1 2 AN ORDINANCE TO AMEND SECTIONS 1-3, AND 1-30 3 OF APPENDIX D, STORMWATER MANAGEMENT 4 PERTAINING TO THE STORMWATER APPEALS 5 BOARD 6 7 SECTIONS AMENDED: Appendix D, Stormwater 8 Management §§ 1-3 and 1-30 9 10 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 11 BEACH, VIRGINIA: 12 13 That Appendix D, Stormwater Management Ordinance Sections 1-3 and 1-30, of 14 the Code of the City of Virginia Beach, Virginia, are hereby amended to read as follows: 15 16 Sec. 1-3. - Definitions. 17 18 In addition to the definitions set forth in 9VAC25-870-10 of the Virginia 19 Stormwater Management Regulations, as amended, which are expressly adopted and 20 incorporated herein by reference, the following words and terms used in this Ordinance 21 have the following meanings unless otherwise specified herein. Where definitions differ, 22 those incorporated herein shall have precedence. 23 24 . . . . 25 26 "Stormwater Appeals Board"is the appeal authority designated by City Council to 27 hear appeals from any permit applicant or permittee, or person subject to Ordinance 28 requirements, aggrieved by any action of the City taken in regard to the Ordinance 29 . The Stormwater Appeals Board shall be appointed by City 30 Council and shall consist of , 31 , 32 five (5) voting citizen members. Each will serve a 33 term of three (3) years with a maximum of two (2) consecutive terms. Three (3) of the 34 voting members shall have professional or educational experience in sciences, earth 35 science, soil science, natural resources,_chemistry, or other commensurate professional 36 or educational background. Such members shall not be actively involved in the 37 submission of stormwater applications to the City of Virginia Beach. The city attorney or 38 his designee shall serve as legal counsel to the Stormwater Appeals Board and the 39 departments of public works and planning shall be staff to the Stormwater Appeals 40 Board. 41 42 . . . . 43 44 Sec. 1-30. - Hearings. 45 i 46 A. Any permit applicant or permittee, or person subject to Ordinance requirements, 47 aggrieved by any action of the City taken in regard to the Ordinance without a 48 formal hearing, may demand in writing a formal hearing by the Stormwater Appeals 49 Board, who is designated by the City Council as its appeals body, provided an 50 application petition requesting such hearing is filed with the Administrator 51 Department of Planning and Community Development, Development Services 52 Center within thirty (30) days after written notice of such action is given by the 53 Administrator. An application is considered complete when all documentation, an 54 application and a five hundred (500)dollar fee have been received. 55 56 B. The hearings held under this Section shall be conducted by the Stomiwater 57 Appeals Board at any time and place authorized by the Stormwater Appeals Board. 58 But an appeal hearing should be scheduled for a date within sixty(60) days of the 59 notice of appeal. 60 61 C. A verbatim record of the proceedings of such hearings shall be taken and filed with 62 the Stormwater Appeals Board. Depositions may be taken and read as in actions at 63 law. 64 65 D. The Stormwater Appeals Board, shall have the power to request the issuance of 66 issue subpoenas and subpoenas duces tecu , 67 . The failure of a witness without legal excuse to appear or to 68 testify or to produce documents shall be acted upon by the Stomiwater Appeals 69 Board, whose action may include the procurement of an order of enforcement from 70 the circuit court. Witnesses who are subpoenaed shall receive the same fees and 71 reimbursement for mileage as In civil actions. 72 73 j=. The standard of appeal shall be as listed in section 1-21, A and B.Variances, of this 74 Ordinance. The Board's authority is to determine whether the department (Public 75 Works or Planning) was correct in its granting or denial of a variance, or other 76 determination. The Board should examine the evidence presented to the 77 department and any additional relevant evidence that is presented. 78 Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2021. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: (}"If' bail•U Department of Public Works City Attorney's Office 2 APPROVED AS TO CONTENT: 7f0/44/ Div Department of tanning CA15438 R-5 June 25, 2021 3 1 AN ORDINANCE TO AMEND SECTION 2 1.2 OF THE PUBLIC WORKS DESIGN 3 STANDARDS MANUAL PERTAINING 4 TO VARIANCES 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 That Section 1.2 of the Public Works Design Standards Manual is hereby amended 10 and reordained to read as follows 11 12 1.2 Variances 13 14 1. The Director of Public Works or designee may authorize and approve, in specific 15 cases, such variances or waivers from strict application of the terms of these 16 design standards, as will not be contrary to serving the public interest, when a 17 literal enforcement will result in unnecessary hardships, provided that the intent of 18 the design standards will be observed. The following information and process will 19 be adhered to, in order to request variances. 20 21 a. General 22 23 i. All publicly owned and maintained infrastructure, whether City or Developer 24 built, shall adhere to these Design Standards, including any Special 25 Provisions or Amendments. 26 ii. The Department of Public Works provides an opportunity for the Developer 27 and/or design Engineer to request a variance from the Design Standards 28 where appropriate and justifiable to the individual situation. For consideration, 29 the design Engineer must submit the written variance request with complete 30 documentation and justification to the Public Works Project Manager or the 31 Development Service Center (DSC) Project Manager during plan review. 32 Variances after plan approval will not be considered. 33 iii. The Department of Public Works will consider each request on an individual 34 case-by-case basis. Thus, an approved variance of the Design Standards for 35 one project may not be applied to another project.The Department's divisions 36 of Engineering, Operations, and Business will, as appropriate, consider the 37 variance request and the potential impacts before approval or denial by the 38 Director of Public Works or designee. 39 iv. In the case of a City entity applying for a variance, for projects not involved 40 with the DSC review process, the request will be processed through Public 41 Works, not DSC. 42 43 b. Process 44 1 45 i. To request a variance during the design process, the Developer or design 46 Engineer must submit a letter to the Public Works Project Manager or the 47 Development Service Center(DSC) Project Manager with the following: 48 49 1) State and reference the section of the Design Standards for which the 50 variance is requested. 51 2) State the change to the Design Standards being sought. 52 3) Discuss the reason the variance is being requested. 53 4) Indicate any examples where a similar variance has been granted. 54 5) Discuss other alternatives to granting the variance or complying with the 55 Design Standards. 56 6) Include any calculations, model analysis results, drawings, or site plans, 57 supporting and explaining the request. 58 7) Discuss any costs considerations relating to the alternatives. 59 60 ii. The Public Works Project Manager or the DSC Project Manager will compile 61 the required information and provide a written recommendation with 62 concerns, comments and considerations regarding the request and forward 63 it to the Department of Public Works, Engineering Division, for processing 64 within Public Works. The review process within Public Works generally 65 requires 20 working days. 66 I 67 iii. In the case of denial of a variance,the applicant has the right to file an appeal. 68 All appeals shall be received made in writin; to the Administrator, who is 69 defined as the City Manager. or his deslqnee(s) within 46-thirty(30) days of 70 denial to request a formal hearing by the Stormwater Appeals Board and 71 outlined in the Code of the City of Virginia Beach 72 Virginia. Appendix D — Stormwater Management, Sec. 1-30. — Hearings. as 73 74 75 76 All requests for variances or waivers and documents relating thereto will be open 77 to the public for inspection in the Department of Public Works. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2021. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Department of Public Works Cry tto ey's Office 2 APPROVED AS TO CONTENT: c-1(olii-i -1' Department o Planning CA15439 R-2 June 2,2021 3 From: Claudia Cotton<ccotton@cvbia.com> Sent: Wednesday,June 23, 2021 10:33 AM To: Carrie L. Bookholt<CBookhol@vbgov.com>; Kaitlen S.Alcock<KAlcock@vbgov.com> Cc: Eric Keplinger,AIA, LEED AP<ekeplinger@meb.group>; Brad Martin <Brad@clarkdes.com>;Jeff Ainslie<jeffainslie@mac.com>; tuckbow@terrypeterson.com;Jeff Ainslie(jeffa@ainsliegroup.com) <jeffa@ainsliegroup.com>; Ricketts, Mark<mark.ricketts@aesva.com>; Rodman, Kenneth,Jr. <krodman@vhb.com>; Scott Acey<scott.acey@msaonline.com>;greg.hayes@msaonline.com; johna@ainsliegroup.com;Jon Ettel<jon@vbhomesliving.com>; Bob Deacon <bobdeacon@bishardhomes.com>;Jonathan Speight<jls@beachbuildinggroup.com> Subject: RE: Ordinance Amendments-Stormwater Appeals Board caul 10r. This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. Carrie, I've compiled comments from our members and others. See attached. Once you and the City Attorney's office have reviewed, could you share any changes you make prior to this going forward? Thanks for the chance to review and comment. Best Regards, Claudia Claudia K. Cotton, CEO'Government Relations Coastal Virginia Building Industry Association 2117 Smith Avenue Chesapeake, Virginia 2332o WWW.cvbia.com 757-42o-2434 (office) 757-305-906t (direct) 757-472-0345 (mobile) ØCVBLA DO BUSINESS WITH Coastal Virginia Building Industry Association A C V B I A MEMBER Learn more about saving$$with the NAHB Member Advantage Program by clicking this link: Pocket the SAVINGS www rihb y'MA NAHB From: Carrie L. Bookholt<CBookhol@vbgov.com> Sent: Friday, June 11, 2021 1:23 PM To: Claudia Cotton <ccotton@cvbia.com> Cc: Kaitlen S. Alcock<KAlcock@vbgov.com> Subject: Ordinance Amendments-Stormwater Appeals Board Claudia — Attached are the proposed ordinances to amend the Stormwater Management Ordinance and the Public Works Design Standards Manual prepared the by City Attorney's Office. These Ordinances will likely be on an agenda for City Council in July. Once we know a date for sure, we'll let you know. Thank you, Carrie L. Bookholt, PLA Development Services Administrator City of Virginia Beach I Planning & Community Development 2875 Sabre Street, Suite 500, Virginia Beach, Virginia 23452 (Direct) 757.385.8707 I (Office) 757.385.4621 cbookhol@vbgov.com I www.vbgov.com/planning IUBPlanning& Community Sections 1-3 and 1-30 of Appendix D The Board makeup excludes the development community (or at least people "actively involved in the submission of stormwater applications"). We strongly recommend including a civil engineer with a background in site design/stormwater. Do the qualifications apply to only 3 of the members or all five? A. The timeline of "...within 30 days after notice of such action..."; lots of these issues are informal discussions, comment letters which get challenged, or telephone calls without an obvious "event" where the 30 day clock would start ticking. What exactly would be "..such action ... given by the Administrator"? B. "But should be scheduled within sixty (60) days of the notice of appeal" Is the Board meeting held, or is it just "scheduled" within 60 days? If an application for a hearing must be requested within 30 days of notice by the Administrator, why shouldn't the Board meet within 30 days? E. "The Board's authority is to determine whether the department (Public Works or Planning) was correct in its granting or denial of a variance..." Will the Board review every variance granted? Otherwise why would one appeal an approval? Is there an "application" template for a Board hearing? Have you developed guidelines for the Board (or the Planning / Public Works staff) to use to evaluate a request? Section 1.2 of Public Works Standards Design Manual 1.a.ii. "Variances after plan approval will not be considered" - Does this mean we have to go through a variance request process with the DSC or Public Works first, and only if denied do we THEN make application to the Stormwater Appeals Board? Also, there could possibly be a scenario where one gets a plan approved, so that you are assured the project can be built, secure the property and financing, and then go back for the variance or the appeal to redesign the inappropriate stormwater. 1.a.iii conflicts with 1.b.i.4). In reading Section 1.2, it seems like you have to apply for the variance, be denied, and then make an appeal to the Stormwater Appeals Board. Appendix D 1-30 A. allows a request for a hearing by the SAB to "aggrieved by any action of the City taken in regard to the Ordinance" - no variance application or denial required? This is confusing. rrNu 7 ros 1i ? CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution to Direct the City Attorney to File a Petition for a Writ of Special Election for the Office of Councilmember, District 1 MEETING DATE: January 18, 2022 • Background: Councilmember Jessica Abbott, Kempsville District, was elected for a term that ends December 31, 2024. She resigned her office effective July 2, 2021. This created a vacancy in the Kempsville District. Virginia law requires a local governing body to promptly petition the circuit court to order a special election to fill a vacancy. In the interim period, the City Council may make an appointment, and such person holds the office until the qualified voters fill the vacancy by special election. The federal court enjoined the City from holding a special election in November 2021 to fill the Kempsville vacancy. The federal court for the Eastern District of Virginia issued its final order(the"Final Order") on December 22, 2021 in the matter of Holloway, et al. v. City of Virginia Beach, et al. This order requires the implementation of a remedial plan (the "Remedial Plan") recommended to the Court by a special master. The Remedial Plan redraws the City's former residence districts into ten single member districts or wards. The seat formerly held by Councilmember Abbott has been redrawn as District 1. The City has appealed the Final Order but intends to comply pending the outcome of the appeal. Virginia law requires vacancies in local governing bodies to be filled by special election unless the election to fill the vacancy would be held in the same year in which the term expires. The term of the seat formerly held by Councilmember Jessica Abbott ends December 31, 2024, so Virginia law requires a special election to be held to fill the remaining term. Additionally, the Remedial Plan provides for District 1 to be subject to a special election in 2022 for a term ending December 31, 2024. • Considerations: Upon adoption of the resolution requesting a court to order the special election, the City Attorney's Office will file the petition in compliance with the statutory requirements. The special election will be held at the general election date of November 8, 2022. The petitions for candidates in a special election held at the same time as the November election is 81 days before the election, which is August 19, 2022. • Public Information: Normal Council agenda process. • Attachments: Resolution Recommended Action: Approval Submitting Department/Agency: City Attorney City Manager: / 1 A RESOLUTION TO DIRECT THE CITY ATTORNEY TO 2 FILE A PETITION FOR A WRIT OF SPECIAL ELECTION 3 FOR THE OFFICE OF COUNCILMEMBER, DISTRICT 1 4 5 WHEREAS, Councilmember Jessica Abbott, Kempsville District, was elected for 6 a term that ends December 31, 2024. She resigned her office effective July 2, 2021, 7 and this created a vacancy in the Kempsville District; 8 9 WHEREAS, Virginia law requires a local governing body to promptly petition the 10 circuit court to order a special election to fill a vacancy. In the interim period, the City 11 Council may make an appointment, and such person holds the office until the qualified 12 voters fill the vacancy by special election. The federal court enjoined the City from 13 holding a special election in November 2021 to fill the Kempsville vacancy; 14 15 WHEREAS, the federal court for the Eastern District of Virginia issued its final 16 order (the "Final Order") on December 22, 2021 in the matter of Holloway, et al. v. City 17 of Virginia Beach, et al. This order requires the implementation of a remedial plan (the 18 "Remedial Plan") recommended to the Court by a special master; 19 20 WHEREAS, the Remedial Plan redraws the City's former residence districts into 21 ten single member districts or wards. The seat formerly held by Councilmember 22 Jessica Abbott has been redrawn as District 1 . The City has appealed the Final Order 23 but intends to comply pending the outcome of the appeal; 24 25 WHEREAS, Virginia law requires vacancies in local governing bodies to be filled 26 by special election unless the election to fill the vacancy would be held in the same year 27 in which the term expires. The term of the seat formerly held by Councilmember 28 Jessica Abbott ends December 31, 2024, so Virginia law requires a special election to 29 be held to fill the remaining term. Additionally, the Remedial Plan provides for District 1 30 to be subject to a special election in 2022 for a term ending December 31 , 2024. 31 32 WHEREAS, the next general election is November 8, 2022. 33 34 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 35 VIRGINIA BEACH, VIRGINIA: 36 37 That the City Council directs the City Attorney to file a Petition for a Writ of 38 Special Election in the Circuit Court for the purpose of filling the remaining term of the 39 Office of Councilmember, District 1 , such term ending December 31, 2024, and 40 requests such special election to be held on November 8, 2022. Adopted by the City Council of the City of Virginia Beach, Virginia, this day of , 2022. 5, PRVED A TO LEGAL SUFFICIENCY: Cit orney's Office CA15671/R-1/January 5, 2022 C �- p �1 J �l`.y,�YY CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution to Direct the City Attorney to End the Appeal in the Holloway, et al. v. City of Virginia Beach, et al. Litigation MEETING DATE: January 18, 2022 • Background: On March 31, 2021, the U.S. District Court for the Eastern District of Virginia found the City's election system violates Section 2 of the Voting Rights Act of 1965 (the "Liability Ruling"). The Liability Ruling subjects the City to pay the Plaintiff's attorneys' fees and costs. As presented to the City Council in a public briefing on June 1, 2021, the Plaintiffs seek at least $3.88 million for the costs of trial and any additional costs accruing during the remedial phase and any appeal(s). The City's outside counsel costs are approximately $1.5 million through the end of November 2021. Further appeal(s) will increase the Plaintiff's attorneys' fees and costs and the City's outside counsel costs. Such additional costs for further appeals could expose the City to an additional attorneys' fees and costs award in the many hundred thousand dollars and possibly well more than a million dollars. The City has many other pressing funding needs including compensation for public safety, schools, and flood mitigation. • Considerations: The attached resolution directs the City Attorney to end the appeal in the Holloway et al. v. City of Virginia Beach et al. litigation. • Public Information: Public information will be provided through the normal Council agenda process. • Attachments: Resolution Requested by Councilmember Rouse REQUESTED BY COUNCILMEMBER ROUSE 1 A RESOLUTION TO DIRECT THE CITY ATTORNEY TO 2 END THE APPEAL IN THE HOLLOWAY, ET AL. V. CITY OF 3 VIRGINIA BEACH, ET AL. LITIGATION 4 5 WHEREAS, on March 31, 2021 , the U.S. District Court for the Eastern District of 6 Virginia found the City's election system violates Section 2 of the Voting Rights Act of 7 1965 (the "Liability Ruling"); 8 9 WHEREAS, the Liability Ruling subjects the City to pay the Plaintiff's attorneys' 10 fees and costs; 11 12 WHEREAS, as presented to the City Council in a public briefing on June 1, 2021, 13 the Plaintiffs seek at least $3.88 million for the costs of trial and any additional costs 14 accruing during the remedial phase and any appeal(s); 15 16 WHEREAS, the City's outside counsel costs are approximately $1 .5 million 17 through the end of November 2021 ; 18 19 WHEREAS, further appeal(s) will increase the Plaintiff's attorneys' fees and costs 20 and the City's outside counsel costs; 21 22 WHEREAS, such additional costs for further appeals could expose the City to an 23 additional attorneys' fees and costs award in the many hundred thousand dollars and 24 possibly well more than a million dollars; 25 26 WHEREAS, the City has many other pressing funding needs including 27 compensation for public safety, schools, and flood mitigation. 28 29 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 30 OF VIRGINIA BEACH, VIRGINIA, THAT: 31 32 The City Attorney is hereby directed to end the appeal in the Holloway, et al. v. 33 City of Virginia Beach, et al. litigation. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2022. APPROVED AS TO LEGAL SUFFICIENCY: orn s ffice CA15679 R-2 January 13, 2022 u e er CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Transfer $60,000 for Public Outreach Regarding the City's Election System and New Districts MEETING DATE: January 18, 2022 • Background: Election system changes resulting from General Assembly action and the federal court order in the matter of Holloway, et al. v. City of Virginia Beach, et al. will require substantial outreach to the City's residents. The final order in the Holloway case creates 10 single-member districts. Although the City has a website and mapping tool to assist in providing information to residents, the City Council desires a robust public outreach effort regarding the changes to the City's election system and new districts. The Communications Office provided a public briefing at the January 11, 2022, City Council Workshop. At this briefing, the City Council was provided an outline of public outreach that uses the $200,000 the City Council had previously set aside for the redistricting process following the 2020 decennial census. The Communications Office plans to utilize the direct mailing that will already be provided to residents through the annual assessment notices and the Voter Registrar's required notices. • Considerations: Councilmember Rouse has requested the City Council consider a transfer of an additional $60,000 to provide direct mailings to the residents that note the applicable district for the residence. This expense was not within the planned $200,000 for public outreach, so a transfer of funding is required. The source for this transfer will be the City Council Emergent Needs Reserve. If approved, the balance of this reserve will be $621,569. • Public Information: Normal City Council agenda process. • Attachments: Ordinance Requested by Councilmember Rouse REQUESTED BY COUNCILMEMBER ROUSE 1 AN ORDINANCE TO TRANSFER $60,000 FOR PUBLIC 2 OUTREACH REGARDING THE CITY'S ELECTION SYSTEM 3 AND NEW DISTRICTS 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA, THAT: 7 8 $60,000 is hereby transferred from the General Fund City Council Emergent Needs 9 Reserve to the FY 2021-22 Operating Budget of the Communications Office for the 10 purpose of notifying citizens of changes to the City's election system and new districts 11 including direct mailings to households noting the applicable district. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2022. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: fit,;nr Budget & M non agement Services it or y's Once CA15681 R-1 January 12, 2022 rr� z) l�tY�� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Authorizing and Directing the City Manager to Execute a Project Participation Agreement Between the City of Virginia Beach and the Southside Network Authority MEETING DATE: January 18, 2022 • Background: The City of Virginia Beach, Virginia (the "City"), is a member jurisdiction of the Southside Network Authority (the "Authority"), together with the cities of Chesapeake, Norfolk, Portsmouth, and Suffolk, (collectively, the "Member Localities"). On behalf of the Authority, the Hampton Roads Planning District Commission issued an RFP for construction of a 119-mile regional fiber connectivity ring (the "Project") in Spring of 2021 . After due consideration, the Board of Directors of the Authority (the "Board") is ready to proceed with the Project and has requested that each of the Member Localities enter into an agreement (the "Project Participation Agreement") with the Authority to finance and manage the Project. In anticipation of this phase of the Project, the City Council established a new capital project, #100593, "Southside Network Authority Regional Fiber Ring ARPA" in the FY 2021-22 Capital Improvement Program (CIP). The Council funded this CIP by appropriating $7,000,000 of its American Rescue Plan Act allocation into the FY 2021-22 Operating Budget as pay-as-you-go financing. • Considerations: City Council appropriated the funding necessary to fulfill the City's financial obligations under the Project Participation Agreement on November 16, 2021. Once the participating jurisdictions approve and execute the Participation Agreement, the Authority is prepared to issue the Notice of Award of the construction contract with an expected completion date of September, 2023. • Recommendations: Adopt the resolution authorizing the City Manager to sign the Project Participation Agreement. • Attachments: Resolution, Summary of Material Terms, Project Participation Agreement Recommended Action: Approval of Resolution Submitting Department/Agency: Information Technology --4e. City Manager: 1 A RESOLUTION AUTHORIZING AND DIRECTING THE 2 CITY MANAGER TO EXECUTE ON BEHALF OF THE CITY 3 OF VIRGINIA BEACH A PROJECT PARTICIPATION 4 AGREEMENT BETWEEN THE CITY OF VIRGINIA BEACH 5 AND THE SOUTHSIDE NETWORK AUTHORITY 6 7 WHEREAS, the City of Virginia Beach, Virginia (the "City"), is a member jurisdiction 8 of the Southside Network Authority (the "Authority"), together with the Cities of 9 Chesapeake, Norfolk, Portsmouth, and Suffolk, (collectively, the "Member Localities"); and 10 11 WHEREAS, the Board of Directors of the Authority (the "Board") has requested that 12 the City enter a Project Participation Agreement (the "Project Participation Agreement") in 13 order to finance and manage the construction of a 119-mile regional fiber connectivity ring 14 (the "Project"); and 15 16 WHEREAS, there has been presented at this meeting a draft of the Project 17 Participation Agreement, as well as other background information on the Project, which 18 shall be kept with the books and records of the City; and 19 20 WHEREAS, the City desires to proceed with the Project and enter the Project 21 Participation Agreement, under substantially the terms set forth in the draft, concurrently 22 with the other Member Localities and the Authority. 23 24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 25 OF VIRGINIA BEACH, VIRGINIA, AS FOLLOWS: 26 27 1 . The Council approves the Project Participation Agreement and authorizes 28 and directs the City Manager to execute the Project Participation Agreement, 29 with such final corrections and amendments as may be necessary and 30 proper, such necessity and propriety being conclusively evidenced by 31 signature of the Project Participation Agreement. Further, the final version of 32 the Project Participation Agreement shall be approved as to form by the 33 Office of the City Attorney. 34 2. The City's appointed Director, or Alternate in the event of her absence or 35 inability to participate, may purchase up to 28 shares in the Project, as 36 provided in the Project Participation Agreement. 37 3. This Resolution shall take effect upon adoption. Adopted by the City Council of the City of Virginia Beach on the day of , 2022. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Infor ation Technology City Attorney's Office CA15673/R-1/January 3, 2022 PROJECT PARTICIPATION AGREEMENT SOUTHSIDE NETWORK AUTHORITY SUMMARY OF MATERIAL TERMS PURPOSE: To finance and construct the 119-mile regional fiber connectivity ring, and to set forth the procedures for participation by the member localities and the Authority. PARTIES: The Southside Network Authority, the cities of Chesapeake, Norfolk, Portsmouth, Suffolk, and Virginia Beach WITHDRAWAL: Allowed with contingencies. LIABILITY: Debt of the Authority is not considered debt of any member locality. DUTIES: Southside Network Authority shall: • Maintain overall management responsibility • Establish separate Project Fund • Prepare annual budget and list of assets • Contract for insurance • Establish a Project Committee to perform specific Project-related functions Member Localities shall: • Purchase shares as authorized by its respective City Council o Minimum buy-in of 8 shares at $250,000 per share; initial offering of 20 shares for each locality (total of 100 shares initially) o Any shares not purchased open to purchase by other localities • Cast votes based on established voting percentile • Appoint a representative to the Project Committee • If locality withdraws, comply with conditions Southside Regional Connectivity Ring Project Participation Agreement PROJECT PARTICIPATION AGREEMENT Southside Regional Fiber Connectivity Ring This project participation agreement ("Agreement") is entered as of the 14th day of January, 2022, by and between the Southside Network Authority, a body politic and corporate and a political subdivision of the Commonwealth, whose address is 723 Woodlake Drive, Chesapeake, Virginia 23320 (the "Authority"), the City of Chesapeake, Virginia, a municipal corporation of the Commonwealth, whose address is 306 Cedar Road, Chesapeake, Virginia 23322, the City of Norfolk, Virginia, a municipal corporation of the Commonwealth, whose address is 810 Union Street, Norfolk, Virginia 23510, the City of Portsmouth, Virginia, a municipal corporation of the Commonwealth, whose address is 801 Crawford Street, Portsmouth, Virginia 23704, the City of Suffolk, Virginia, a municipal corporation of the Commonwealth, whose address is 442 West Washington Street, Suffolk, Virginia 23434, and the City of Virginia Beach, Virginia, a municipal corporation of the Commonwealth, whose address is 2401 Courthouse Drive, Virginia Beach, Virginia 23456. Recitals: WHEREAS, the Authority was formed by the Cities of Chesapeake,Norfolk, Portsmouth, Suffolk, and Virginia Beach (the "Member Jurisdictions") under the provisions of the Virginia Wireless Service Authorities Act, Code of Virginia, Chapter 54.1 of Title 15.2 (the "Act") for the purpose of providing or facilitating the provision of qualifying communications services, as provided in the Act and the Articles of Incorporation of the Authority; and WHEREAS,the initial project is as described in Appendix A and as let in SNA-IFB-2021- 01, as constructed in accordance with such contract, as amended, and financing, operations, maintenance, marketing,reconstruction, renovation, extensions, and management thereof; and {00445492.DOCX } 1 Southside Regional Connectivity Ring Project Participation Agreement WHEREAS, the Authority and its Member Jurisdictions wish to set forth their mutual agreements as to the manner of carrying out such activities. ARTICLE I Definitions "Act"means the Virginia Wireless Service Authorities Act, Code of Virginia,Chapter 54.1 of Title 15.2. "Annual Budget"has the meaning given to it in Section 3.2. "Applicable Laws" means all applicable laws,judgments, decrees, injunctions, writs, and orders of any court, arbitrator, or governmental agency or authority and all rules, regulations, orders, interpretations, licenses, and permits of any federal or state governmental body, instrumentality, agency, or authority. A requirement to comply with an Applicable Law shall not prevent the Authority from challenging or disputing, in good faith, the interpretation or applicability of any Applicable Law. "Asset Management Plan" or "AMP" means the running inventory of the purchase price, depreciation status, and probable replacement cost, and long-term planned replacement schedule of the Project's durable capital as set forth in Section 3.3.B. "Authority" means the Southside Network Authority. "Board"means the Board of Directors of the Southside Network Authority. "Bonds"means revenue bonds issued by the Authority in accordance with the Act or other Applicable Laws. "Capital Improvement Program" or "CIP" means the annually-adopted plan of capital improvements necessary to carry out the goals of the Asset Management Plan and the Strategic Plan as set out in Section 5.1. The CIP shall include estimates of costs of facilities and life-cycle (00445492.DOCX ) 2 Southside Regional Connectivity Ring Project Participation Agreement costs and the means of financing them for the next ensuing five Fiscal Years as set forth in Section 3.3.A. "Capital Reserve Fund" or"Sinking Fund" has the meaning given to it in Section 2.6.C. "Code of Virginia"means the Code of Virginia, 1950, as amended, or successor provisions of law. "Commonwealth" means the Commonwealth of Virginia. "Consulting Engineer" means an engineer or firm of independent consulting engineers of recognized standing and experienced in the field of broadband and fiber optic engineering and registered to do business in the Commonwealth. "Executive Director" means the chief administrative officer of the Authority, or, if none, the chair of the Board. "Fiscal Year" means the period beginning on July 1 of one year, and ending on June 30 of the next. "Initial Offering"has the meaning given to it in Section 2.3. "In-Kind Contribution" means any real or personal property, including tangible or intangible property or transferrable permits or other rights, that the Board accepts in lieu of a cash payment for Shares under Section 2.3.B. "Notes" means short-term obligations of the Authority, including notes issued in anticipation of the receipt of revenue, grants, or the proceeds of long-term Obligations. "Obligations" means the Notes, Bonds, or other indebtedness of the Authority. "Participating Member" or "Participant" means a member of the Authority that has purchased Shares in the Project under Section 2.3. {00445492.DOCX I 3 Southside Regional Connectivity Ring Project Participation Agreement "Project" means the Southside Regional Connectivity Ring as described in Appendix A, and as let in SNA-IFB-2021-01, as constructed in accordance with such contract, as amended, and financing, operations, maintenance, marketing, reconstruction, renovation, extensions, and management thereof. "Project Committee" means the committee, established pursuant to Section 2.2, that exercises control over the Project as provided in this Agreement. "Reserved Strand"has the meaning given to it in Section 4.4. "Share"has the meaning given to it in Section 2.3. "Soft Costs" means engineering costs, financing costs, and legal costs associated with a construction project. "Staff' means the Executive Director and his or her appointees, as may be provided from time to time,or,where legally permitted, contractors,consultants,or other agents of the Authority. ARTICLE II Acquisition, Construction, and Financing Section 2.1. Construction of Regional Fiber Connectivity Ring. The Authority shall, either through its own forces or contractors, acquire, construct, equip, finance, operate, maintain, market, and manage the Project as provided in this Agreement. Section 2.2. Project Committee.The Authority hereby creates a Project Committee. The Project Committee is hereby delegated the full power of the Board to(i)within funds duly available and budgeted by the Board, organize and manage the acquisition, construction, and equipping of the Project, including but not limited to issuing notice(s) to proceed and negotiating, approving, and disapproving payment applications and change orders,(ii)organize and manage the operation, maintenance, and marketing of the Project, including, within funds duly available and budgeted by the Board, entering such contracts as it deems advisable on behalf of the Authority to carry out {00445492DOCX 4 Southside Regional Connectivity Ring Project Participation Agreement these purposes, (iii) obtain all federal, state, and local permits for the Project, and (iv) enter agreements, including indefeasible rights of use or other similar lease and use-sharing arrangements, for the use of the Project. The Project Committee may further delegate the administration of these matters to Staff. The Board reserves to itself the functions of(a) setting the budget for the Project Fund, (b) approving the issuance of the Authority's Obligations and the terms thereof, (c) approving acquisition or disposition of interests in real estate, including municipal franchises or master lease agreements for the use of rights of way. However, in all such decisions, the Board shall consider the needs of the Project and give due weight to the recommendation, if any, of the Project Committee. The Project Committee shall consist of one appointee from each Participating Member. Each Participating Member may appoint its own voting member of the Project Committee, who may be, but need not be, one of its appointees to the Board. The Project Committee may establish its own bylaws, which must be approved by the Board before going into effect. The Project Committee is authorized to appoint a chair, vice-chair, and secretary/treasurer, any of whom may be members of the Board or members of Staff but must be a Project Committee appointee. The Project Committee shall transmit its minutes to the Board regularly, but in any event within 10 days after the meeting for which such minutes are taken. In all matters and recommendations to the Board on which the Project Committee acts, the proportional weight of each Participating Member's vote shall be determined by the number of Shares it possesses. Section 2.3. Shares. A. The Board hereby authorizes an Initial Offering of 100 Shares in the Project, to be made on January 14, 2022, or a convenient date and time thereafter, as chosen by the {00445492.DOCX I 5 Southside Regional Connectivity Ring Project Participation Agreement Authority, but not more than three months from January 14, 2022. The Initial Offering contains only one class of Shares, and Shares may only be purchased by Member Jurisdictions. The par value of each Share shall be $250,000. B. In-Kind Contributions to be used by the Authority to complete the Project may, at the Board's discretion, be considered in lieu of cash contributions for the purchase of Shares in the Project. The cash value of this In-Kind Contributions shall be determined by a Consulting Engineer chosen by the Authority using a cost or cost-avoidance basis, in the sole discretion of the Consulting Engineer. The Consulting Engineer shall submit its valuation of the proposed In-Kind Contributions to the Board and the Member Jurisdiction for approval.The In-Kind Contribution shall not occur without the concurrence of both the Board and the Member Jurisdiction. In-Kind Contributions shall become the sole property of the Authority. C. Each Member Jurisdiction shall be offered 20 Shares of the Initial Offering. Shares may be purchased at a par value of$250,000 each, and the minimum buy-in at the initial offering is at least eight (8) Shares. If any Participating Member elects to purchase fewer than 20 Shares, the unpurchased Shares shall be offered at par to the remaining Participating Members within 30 days, who may each purchase an equal number of unpurchased Shares, with this process being repeated until all available Shares have been purchased or retained by the Authority. Within 30 days after purchase, each Participating Member shall either make payment for all Shares or appropriate such funds and enter a legally binding agreement with the Authority, acceptable in form and substance to the Authority, wherein the Authority shall draw down available funds as needed by the Authority until all (obligated or appropriated) funds are expended. {00445492.DOCX } 6 Southside Regional Connectivity Ring Project Participation Agreement D. The Board, upon recommendation of the Project Committee, may issue further Shares to finance further capital expenditures in support of the Project. The sale of such Shares shall be governed by the same method for the sale of Shares and unpurchased Shares utilized for the Initial Offering under this Article II. E. The proportional weight of each Participating Member's vote on the Project Committee shall be determined by the number of Shares it possesses. Section 2.4. Grants. The Authority shall actively seek grant opportunities in support of the goals of the Project. The Participating Members shall not unreasonably withhold or delay their support for any such grant. Unless the grant documents require or restrict use otherwise, grant funds shall be used for the following purposes, in order of priority: (i) to pay current costs of construction, if any; (ii) to defease for savings or redeem outstanding Obligations prorated based on initial debt allocations pursuant to Section 2.5; then(iii) into the Debt Service Reserve Fund, if any, until fully funded; and then (iv) deposited into the Capital Reserve Fund. Section 2.5. Agreement to Finance. A. General Provisions. The Authority may use a combination of cash and debt financing for the initial cost of acquiring, constructing, and equipping the Project and providing working capital for its initial operations by issuance of Shares pursuant to Section 2.3. The Board may, upon recommendation of the Project Committee, issue, from time to time, Obligations of the Authority to provide long-term or short-term financing of costs upon such terms as it may determine to be in the best interest of the Authority and in accordance with law. All debt service payment schedules will be provided to the Member Jurisdictions within 20 days after closing on an issuance of Obligations. {00445492.DOCX } 7 Southside Regional Connectivity Ring Project Participation Agreement B. Obligations to be Debts of Authority Only. All Obligations authorized to be entered by this Agreement or which the Board issues pursuant to this Agreement shall be the obligations of the Authority only, unless also entered by or guaranteed by one or more Participating Members under such terms and conditions as their governing body or bodies might agree. Section 2.6. Cash Reserves. There are three types of cash reserves that may be established for the Project to assure financial health. Outlined below are the descriptions, means of funding, and general balances of each type. The order of precedence of funding, unless varied by applicable financing documents related to Obligations, is as follows: A. Debt Service Reserve Fund—The lenders for the Obligations may require a Debt Service Reserve Fund, generally equal up to the maximum annual debt service payment (principal and interest) for each issuance of Obligations. If required, this amount should be established at the time of the issuance of the Obligations, in consultation with the Authority's financial advisor. The budget shall be set such that there are sufficient revenues each year to pay the debt service for the Fiscal Year. If, however, the revenue is insufficient, then the difference may be withdrawn from the Debt Service Reserve Fund, which shall then be replenished in accordance with the provisions of the documents establishing the Obligations, if so provided, or as part of the annual budgeting process under Article III. B. Operating Reserve Fund—As part of each Fiscal Year's Annual Budget,the Operating Reserve Fund shall be adjusted to contain operating and maintenance expenses in an amount approximating the costs of operations for ninety (90) days, to provide cash flow during transitions, lag time between delivery of service and payment, or other (00445492.DOCX ) 8 Southside Regional Connectivity Ring Project Participation Agreement operational shortfalls or unusual events. The ongoing Operating Reserve Fund shall also serve as a revenue stabilization fund during market changes during fiscal years. C. Capital Reserve Fund(Sinking Fund)—A Capital Reserve Fund or Sinking Fund shall be established using the Asset Management Plan and the Capital Improvement Program to fund both capital replacements and future upgrades and expansions of the Project. The approved annual budget shall include funding for not less than 25% of the initial gross construction cost, exclusive of Soft Costs, of the Project based upon the AMP, which shall either be expended to fund future capital improvements in accordance with the CIP. The initial capitalization of the Capital Reserve Fund shall occur over a reasonable budgetary period, in the discretion of the Board, not to exceed seven years in length. Section 2.7. Withdrawal; Transfer of Shares; Impact. A. Withdrawal from Project. A Participating Member may withdraw, in whole or in part, from this Agreement if the following conditions are met: 1. Withdrawal is not prohibited by the terms of any applicable Obligations,nor will it materially impair any existing Obligations,in the reasonable opinion of a qualified independent municipal financial adviser, to be chosen by the Board; and 2. The Participating Member seeking to withdraw has disposed of some or all of its Shares to one or more other Participating Members. The Shares of the withdrawing Participating Member shall be offered to the other Participating Members in the same manner as Shares not purchased in the first round of the Initial Offering under Section 2.2.C. (00445492.DOCX ) 9 Southside Regional Connectivity Ring Project Participation Agreement B. Impact of Withdrawal. Upon partial or complete withdrawal, the proportional voting as provided in Section 2.2 and all other matters to be allocated by Share ownership under this Agreement shall be reallocated based upon the new Share ownership. ARTICLE III Annual Budget & Fiscal Policies Section 3.1. Project Fund to be Separate Fund. The Project Fund shall be treated as a fund and budgetary unit separate and apart from the general operating fund or any other project or dedicated fund of the Authority. Section 3.2. Setting the Annual Budget.On or before each January 15 the Authority shall provide to each Participant the Authority's proposed Annual Budget for the next Fiscal Year. The Annual Budget shall consider all anticipating operating costs including,but not necessarily limited to,(i)all direct and indirect costs of operation and maintenance of the Project, (ii)any debt service cost of the Authority, (iii) all major capital expenditures anticipated during the five following Fiscal Years,including reasonable funding of replacements and any desired deposits to the Capital Reserve Fund,(iv)all revenues and fees to be paid by any person under long-term contracts,(v) all revenues and fees anticipated to be paid by any person under short-term contracts, and(vi) special categories of costs and revenues. Section 3.3. Capital Management; Replacement Fund. A. The Authority shall annually adopt, as part of its budget process, a Capital Improvement Program(CIP)for planning of capital improvements and replacements in the following five years.The CIP shall form the basis and provide guidance for the preparation and adoption of the annual capital budget of the Authority. B. The Authority shall keep and maintain,as the basis for the CIP,an inventory of its durable and capital assets,together with an ongoing accounting of depreciation status {00445492.DOCX ) 10 Southside Regional Connectivity Ring Project Participation Agreement and anticipated remaining useful life and anticipated replacement cost,to be called its Asset Management Plan(AMP).The depreciation status and probable replacement schedule shall be updated annually as part of the budget process; assets shall be timely added or removed from the AMP upon their acquisition, sale, or disposal. C. The Authority shall budget for the Sinking Fund in each annual budget as provided in Section 2.6.C. Section 3.4. Quarterly Reporting on Budget. Within 30 days after the end of each of the first three quarters of each fiscal year, the Authority will provide each Participating Member with a statement of revenues and expenditures of the Authority for the preceding quarter.The Authority will provide to each Participating Member on or before each August 1 an unaudited report showing the activities and revenues,expenditures,and accounts of the Project Fund,for the preceding Fiscal Year. Section 3.5. Forecasting. To assist the Participating Members in estimating their obligations to or revenues from the Project, the Authority shall develop a policy, which may be amended from time to time, for forecasting its revenues and expenditures over future periods of up to five years beyond the then-current Fiscal Year.The forecast shall be routinely monitored and revised as necessary. The forecast will be distributed annually to Participating Members during the budgetary process for review and consideration prior to Board approval. Section 3.6. Books & Accounts. The Board shall adopt a system of accounts compliant with the standards of the Governmental Accounting Standards Board (GASB) and Applicable Laws, and shall keep an accounting of all property of the Authority and(i)its initial gross purchase price and (ii) its depreciation using uniform, accepted depreciation schedules, as part of the AMP established pursuant to Section 3.3.B. {00445492.DOCX ) 11 Southside Regional Connectivity Ring Project Participation Agreement Section 3.7. Fiscal Agent. The Authority may contract with any Member Jurisdiction or regional organization or qualified entity to act as its fiscal agent upon such terms and conditions as the Board and the fiscal agent may agree. Section 3.8. Liability & Insurance. The Authority shall procure and contract for insurance or a lawful policy of self-insurance in its own name or a combination of both insurance and self-insurance to protect itself against liability,damages,and other matters subject to insurance as determined by the Board. Section 3.9. Procurement.No funds shall be spent or expended without a purchase order or contract requiring payment of such funds,or,in the case of a donation of property,or goods and services, a deed or written receipt accepting the donation. Contracts with non-governmental entities shall be governed by the Virginia Public Procurement Act, Code of Virginia, Chapters 43 and 43.1 of Title 2.2, or the Public-Private Education Facilities and Infrastructure Act of 2002 (PPEA), Code of Virginia, Chapter 22.1 of Title 56, as the Project Committee deems appropriate. Section 3.10. Audits. The Authority shall obtain an annual financial audit of its accounts, or may contract with any Member Jurisdiction or regional organization or to cooperatively or jointly contract for an annual financial audit to be completed by a certified public accountant or accounting firm licensed to practice in the Commonwealth of Virginia by December 31 of each year. The audit shall be conducted according to generally accepted auditing and accounting standards or according to the audit specifications and audit program prescribed by the Auditor of Public Accounts. The annual audit shall be transmitted to the chief administrative officer of each Participating Member promptly upon delivery to the Board. ARTICLE IV Revenues and Distributions {00445492.DOCX ) 12 Southside Regional Connectivity Ring Project Participation Agreement Section 4.1. Fees for Dark Fiber.The Project Committee shall actively market dark fiber other than Reserved Strands and may enter contracts and agreements for the same upon such terms and conditions as it may approve. The Board shall set guidelines for standard rates for dark fiber, but the Project Committee may deviate from such guidelines for sound business or planning, community development, or economic development reasons, including but not limited to, (i) a request from a Participating Member for preferential treatment for an economic development prospect, (ii) service to neighborhoods, developments, or persons that are unserved, underserved, or served only with uneconomical internet,or(iii)bulk purchase(e.g., lease to a large institutional user). Section 4.2. Fees and Charges for Lit Fiber. The Project Committee may offer lit fiber services to the public upon approval of the Board, in accordance with the Act, and pursuant to this Section. A. In the event the Authority offers lit services through its own forces or contractors, the rates, fees, and charges at which the Authority's lit fiber services are offered to the public shall be set in accordance with Code of Virginia, Section 15.2- 5431.25. Rates, fees, and charges shall be set by the Board upon recommendation of the Project Committee. B. In conjunction with offering lit services through the Project, including in conjunction with a lease of dark fiber,the Authority may enter a public-private partnership, in accordance with Applicable Laws, under such terms and conditions as the Board shall determine are in the best interest of the Authority and the goals in the Strategic Plan. The rates, fees, and charges shall be set in accordance with the provisions of any public-private partnership governing documents. {00445492.DOCX } 13 Southside Regional Connectivity Ring Project Participation Agreement Section 4.3. Contributions & Distributions. Participating Members shall pay rates, fees, and charges, or receive distributions of net revenues, as follows: A. If, during the budgeting process, the anticipated budget for the next following Fiscal Year indicates a deficit, after funding for all reserves, the Participating Members shall pay to the Authority, paid on a quarterly basis in arrears, rates, fees, and charges proportional to their ownership of Shares. The rates, fees, and charges shall be increased or decreased and reported to the Participating Members quarterly and shall be updated based upon actual costs and payments and as approved by the Board. These rates, fees, and charges are in the nature of a fee for the continuing provision and availability of a service, not a debt, and shall not be construed to be a general obligation within the meaning of the Virginia Constitution, Art. VII § 10. B. If, during the budgeting process, the anticipated budget for the next following Fiscal Year indicates a surplus, after funding for all reserves,the Authority shall distribute, on a quarterly basis, net revenues to the Participating Members proportional to their ownership of Shares pursuant to Sections 2.2 and 2.3. The distributions shall be updated and reported to the Participating Members quarterly and may be updated based upon actual costs and payments. Section 4.4. Reserved Strands. Participating Members shall be entitled to use up to six strand pairs of dark fiber (the "Reserved Strands") for their own internal use without payment of any rate, fee, or charge, except those fees set under Section 4.3.A. The number of strands reserved at different levels of purchase of Shares are: 8 to 14 2 strands (1 pair) 14 to 20 4 strands (2 pairs) t00445492.DOCX } 14 Southside Regional Connectivity Ring Project Participation Agreement 20+ 6 strands (3 pairs) The Participating Members agree that none will sell, lease, or otherwise offer access to Reserved Strands to third parties commercially at rates below those charged by the Authority for like access. Section 4.5. Penalties. If any Participating Member fails to pay any sum due under this Article within 10 days after its due date, the sum due and payable shall bear interest at the rate set forth in Code of Virginia, Section 2.2-4355; provided,however,that this provision shall not apply in instances where Applicable Laws or the provisions of the documents establishing outstanding Obligations prescribe some other due date or late payment charge. ARTICLE V Operations and Maintenance Section 5.1. Strategic Planning. The Project Committee shall develop and submit to the Board,not more than 12 months after the date of this Agreement, a Strategic Plan for achievement of its goals and for future expansion of the Project. In development of the Strategic Plan,the Project Committee shall consider, without limitation: The economic needs of the region; marketplace demand for its services; the provisions of the Comprehensive Plans and strategic plans of the Participating Members and other jurisdictions in which portions of the Project or its customers might exist or operate; and such other matters as may be relevant to its operations. Considerations in the development of the Strategic Plan shall include those matters designated in Appendix B. Section 5.2. Operating the Regional Connectivity Ring.During the period of acquisition, construction, and immediate post-construction maintenance of the Project, the Project Committee shall procure the services of one or more qualified contractors to inspect, operate, maintain, and market the Project in accordance with this Agreement. These contractors may be procured as part of a public-private partnership arrangement. If, in the opinion of the Project Committee, adequate contractors cannot be obtained, the Board may authorize the Project Committee to carry out some (00445492.DOCX } 15 Southside Regional Connectivity Ring Project Participation Agreement or all these functions with the Authority's own forces. The Project Committee shall ensure that the Project is operated in an efficient and economical manner,considering advances in technology and changes in the needs of the Participating Members and the public, making all necessary and appropriate repairs, replacements, and renewals, consistent with good business and operating practices, in accordance with applicable standards of local, state, and federal law, and in accordance with the provisions of the Strategic Plan and this Agreement. ARTICLE VI Defaults and Remedies Section 6.1. Default by the Authority. The following events are "Events of Default" by the Authority: A. Failure of the Authority to pay principal and interest on any Obligations issued for the Project or obtained by the Authority pursuant to this Agreement when due; B. If the Authority is for any reason rendered incapable of performing any of its material obligations under this Agreement; C. The Authority makes an assignment of all or a substantial portion of its Obligations under this Agreement without the prior consent of all the Participating Members; D. The Authority defaults on any of its material obligations under any agreement pursuant to which any Obligation issued for the Project is obtained by the Authority pursuant to this Agreement and such default is not cured within any applicable cure period; E. Any proceeding is instituted, with the consent or acquiescence of the Authority, for the purpose of effecting a composition between the Authority and its creditors or for the purpose of adjusting the claims of such creditors pursuant to any state {00445492.DOCX } 16 Southside Regional Connectivity Ring Project Participation Agreement or federal statute now or hereafter in effect, if the claims of such creditors are under any circumstances payable from the funds of the Authority; or F. The Authority defaults in the due and punctual performance of any other of the covenants, conditions, agreements, and provisions contained in this Agreement. Section 6.2. Default by Participating Members. The occurrence of any one or more of the following events shall constitute an"Event of Default" by any Participating Member: A. Failure of any Participating Member to make any payment to the Authority when due and outside any applicable grace period; B. Any Participating Member becomes unable to fulfil its material obligations under this Agreement; C. Any proceeding is instituted, with the consent or acquiescence of any Participating Member, for the purpose of effecting a composition between such Participating Member and its creditors for the purpose of adjusting the claims of such creditors pursuant to any federal or state statute now or hereafter in effect, if the claims of such creditors are under any circumstances payable from the general funds of such Participating Member; or D. Any Participating Member defaults in the due and punctual performance of any other of the covenants, conditions, agreements, and provisions contained in this Agreement. Section 6.3. Remedies of Participating Members. Upon the occurrence of an Event of Default by the Authority and the default continues for thirty (30) days after written notice specifying the default and requiring it to be remedied has been given to the Authority by any Participating Member, any Participating Member, after giving notice of such Event of Default to (00445492.DOCX } 17 Southside Regional Connectivity Ring Project Participation Agreement all parties, may bring suit by mandamus or other appropriate proceeding to require the Authority to perform its duties under the Act and this Agreement or to enjoin any acts in violation of the Act or this Agreement. Section 6.4. Remedies of Authority. Upon the occurrence of an Event of Default by a Participating Member and the default continues for thirty(30) days after written notice specifying the default and requiring it to be remedied has been given to such Participating Member by the Authority or other Participating Member, the Authority, after giving notice of such Event of Default to all parties, may bring suit by mandamus or other appropriate proceeding to require the Participating Member to perform its duties under the Act and this Agreement or to enjoin any acts in violation of the Act or this Agreement. Section 6.5. Remedies Not Exclusive. No remedy in this Agreement conferred upon or reserved to the parties is intended to be exclusive of any other remedy, and each remedy is cumulative and in addition to every other remedy given under this Agreement or now or hereafter existing. Article VII Additional Agreements Section 7.1. Further Documents and Data. The parties to this Agreement will execute and deliver such further documents and perform all other acts that are reasonably necessary to perform the obligations and consummate the transactions contemplated by this Agreement. Section 7.2. Notification. The Authority will promptly furnish to each Participating Member a copy of any notice or order of any governmental authority asserting that the Project is not in compliance in any material respect with any Applicable Law. Section 7.3. Tax-Exemption Covenant; Continuing Disclosure. {00445492.DOCX 1 18 Southside Regional Connectivity Ring Project Participation Agreement A. The Authority may issue Obligations in a manner such that the interest thereon is excludable from gross income for income tax purposes under Applicable Laws. The Authority and each Participating Member agree that after an Obligation is issued they will not knowingly take any action or omit to take any action that would intentionally adversely affect such exclusion. B. Pursuant to Section 15c2-12(b) of regulations issued by the U.S. Securities and Exchange Commission, the Authority and the Member Jurisdictions may be required to agree with the owners of Obligations, for as long as such Obligations are outstanding,to supply certain national municipal securities information repositories (i) annually, certain financial and operating information, and (ii) periodically, notification of certain specified material events affecting the Authority, the Participating Members, and such Obligations. The particulars of this ongoing disclosure requirement will be set forth in one or more of an indenture, loan agreement, or continuing disclosure agreement. Each Participating Member agrees to cooperate with the Authority in fulfilling this requirement, including providing the Authority with timely notice of the occurrence of any of the specified events that are material to its operations and hereby authorizes the Authority's Executive Director to execute and deliver any agreement considered necessary or appropriate to evidence such Participating Member's continuing disclosure undertaking. Article VIII Covenants & Guaranties Section 8.1. Covenants of the Authority. The Authority represents, warrants, and covenants as follows: A. Organization, Authorization and Validity. The Authority is a body corporate and politic and a political subdivision of the Commonwealth duly organized and {00445492.DOCX , 19 Southside Regional Connectivity Ring Project Participation Agreement validly existing under the laws of the Commonwealth and has duly authorized, executed, and delivered this Agreement. B. Authority.The Authority has all requisite authority under the Act to execute and deliver and perform its obligations under this Agreement and is not a party to any indenture, contract, or other agreement or arrangement the performance of which by the Authority would prevent or materially and adversely affect the Authority's ability to perform the terms of this Agreement. C. Non-Contravention. The execution and delivery of this Agreement by the Authority and the consummation of the transactions contemplated in it will not conflict with or result in a breach of or constitute a default under or violate any of the terms, conditions or provisions of the Act, the bylaws of the Authority or any material indenture, contract, or other agreement or arrangement to which the Authority is a party or by which any of its properties are bound, or any Applicable Law by which the Authority is bound. D. Litigation. The Authority is not a party to any legal, administrative, arbitration, or other proceeding or controversy pending, or, to the best of the Authority's knowledge, threatened, which would materially adversely affect the Authority's ability to perform its obligations under this Agreement. Section 8.2. Covenants of Participating Members. The Participating Members represent, warrant, and covenant as follows: A. Organization, Authorization, and Validity. Each Participating Member is a political subdivision of the Commonwealth duly organized and validly existing under the laws of the Commonwealth, and each has duly authorized, executed, and delivered this Agreement. {00445492.DOCX } 20 Southside Regional Connectivity Ring Project Participation Agreement B. Authority. Each Participating Member has all requisite authority to execute and deliver and perform its obligations under this Agreement and is not a party to any indenture, contract, or other agreement or arrangement, the performance of which by it would prevent or materially and adversely affect its individual performance under this Agreement. C. Non-Contravention. The execution and delivery of this Agreement by each Participating Member and the consummation of the transactions contemplated in it will not conflict with or result in a breach of or constitute a default under or violate any of the terms, conditions, or provisions of any charter, resolution, or ordinance, any material indenture, contract,or agreement or arrangement to which it is a party or by which any of its properties are bound, or any Applicable Law by which it is bound. D. Litigation. No Participating Member is a party to any legal, administrative, arbitration, or other proceeding or controversy pending, or, to the best of its knowledge, threatened, which would materially and adversely affect its ability to perform under this Agreement. Article IX Miscellaneous Clauses Section 9.1. Severability of Invalid Provisions. If any clause,provision,or section of this Agreement is held to be illegal or invalid by any court, administrative agency, or other governmental authority,the invalidity of the clause,provision, or section will not affect any of the remaining clauses, provisions, or sections, and this Agreement will be construed and enforced as if the illegal or invalid clause, provision, or section has not been contained in it. Section 9.2. Notices. Any notice or other communication under or in connection with this Agreement shall be in writing to the below persons and addresses, or to such other persons {00445492.DOCX } 21 Southside Regional Connectivity Ring Project Participation Agreement and addresses as any Participating Member may from time to time specify in writing. A notice shall be construed to be delivered upon the earliest of(i) execution of a registered mail return receipt by the addressee, (ii)refusal of the mail by the addressee,or(iii)seven days from the notice being deposited in the U.S. Mail, first-class postage prepaid by registered mail, return receipt requested. Notice to: With a copy to: For the Authority: Southside Network Authority Guynn, Waddell, Carroll & Lockaby, P.C. The Regional Building 415 South College Avenue 723 Woodlake Drive Salem, Virginia 24153 Chesapeake, Virginia 23320 Attn: Authority Counsel Attn: Executive Director For the City of Chesapeake: City Manager City Attorney Chesapeake City Hall Chesapeake City Hall 306 Cedar Road 306 Cedar Road Chesapeake, Virginia 23322 Chesapeake, Virginia 23322 For the City of Norfolk: City Manager City Attorney Norfolk City Hall Norfolk City Hall 810 Union Street 810 Union Street Norfolk, Virginia 23510 Norfolk, Virginia 23510 For the City of Portsmouth: City Manager City Attorney Portsmouth City Hall Portsmouth City Hall 801 Crawford Street 801 Crawford Street Portsmouth, Virginia 23704 Portsmouth, Virginia 23704 For the City of Suffolk: City Manager City Attorney Suffolk City Hall Suffolk City Hall (00445492.DOCX } 22 Southside Regional Connectivity Ring Project Participation Agreement 442 W. Washington Street 442 W. Washington Street Suffolk, Virginia 23434 Suffolk, Virginia 23434 For the City of Virginia Beach: City Manager City Attorney City Hall City Hall 2401 Courthouse Drive 2401 Courthouse Drive Virginia Beach, Virginia 23456 Virginia Beach, Virginia 23456 Section 9.3. Execution of Agreement. A sufficient number of copies for each party approving this Agreement, each of which shall be deemed to be an original having identical legal effect, shall be executed by the parties. Section 9.4. Governing Law. This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the Commonwealth. Venue for any dispute hereunder shall be in the state and federal courts for the City of Chesapeake, Virginia, or the locality of any future location of the Authority's corporate office. Section 9.5. Amendments. This Agreement may be changed or amended only with the consent of the Authority and each Participating Member. No such change or amendment may be made which will affect adversely the prompt payment when due of all moneys required to be paid by the Participating Members under the terms of this Agreement, and no such change or amendment shall be effective which would cause a violation of any provision of any resolution, indenture, or agreement pursuant to which any Obligation has been issued or obtained by the Authority for the Project. Section 9.6. Waiver. Sufferance of violation of any term of this Agreement, no matter how long continued, shall not operate as a waiver of that term in any future situation. Any waiver by any party of its rights under this Agreement must be in writing, and will not be deemed a waiver with respect to any matter not specifically covered. Nothing in this Agreement authorizes the {00445492.DOCX ) 23 Southside Regional Connectivity Ring Project Participation Agreement waiver of any Participating Member's obligation to make payments when due of all moneys required to be paid by the Participating Member under the terms of this Agreement. IN WITNESS WHEREOF, see the following signatures: Signatures on following pages... {00445492.DOCX } 24 Southside Regional Connectivity Ring Project Participation Agreement Southside Network Authority: By: Name: Its: Date: A teste: Secretary, Board of Directors Signatures continue on next page... {00445492.DOCX } 25 Southside Regional Connectivity Ring Project Participation Agreement City of Chesapeake, Virginia: By: Name: Its: Date: A teste: Clerk, City Council Signatures continue on next page... (00445492.DOCX ) 26 Southside Regional Connectivity Ring Project Participation Agreement City of Norfolk, Virginia: By: Name: Its: Date: A teste: Clerk, City Council Signatures continue on next page... (00445492.DOCX ) 27 Southside Regional Connectivity Ring Project Participation Agreement City of Portsmouth, Virginia: By: Name: Its: Date: A teste: Clerk, City Council ,2(4Af0 Signatures continue on next page... (00445492 DOCX ) 28 Southside Regional Connectivity Ring Project Participation Agreement City of Suffolk,Virginia: By: Name: Its: Date: A teste: Clerk, City Council Signatures continue on next page... (00445492.DOCX ) 29 Southside Regional Connectivity Ring Project Participation Agreement City of Virginia Beach,Virginia: By: Name: Its: Date: A teste: Clerk, City Council {00445492.DOCX { 30 Southside Regional Connectivity Ring Project Participation Agreement Appendix A [To be supplied by A/E] ;OO445492 DOCX 1 31 Southside Regional Connectivity Ring Project Participation Agreement Appendix B • Reliable and secure backhaul communications connectivity to support the needs of public safety entities and national security institutions. • Availability of dark fiber for internal governmental needs of the Participating Members. • Provide bandwidth to support growing educational needs (e.g., virtual classrooms). • Provide affordable access to underserved and unserved citizens to address the residential Digital Divide. (Affordability/availability of service to low- and moderate-income households and households with poor credit.) • Attract new enterprises with high-paying jobs to the region (i.e., Biomed, cyber security, corporate headquarters, and financial services), and in particular the Participating Members. • Enable strategic partnerships between commercial providers leveraging subsea cables and data centers and anchor institutions such as colleges, universities, hospitals, the Commonwealth of Virginia, and the armed forces. • Expedited service availability or arrangements to benefit economic development prospects or other community development needs. • Provide competitive and non-discriminatory access to middle-mile fiber to promote investment by commercial providers in innovative and competitively priced last-mile broadband services—the Project is not to be used exclusively for the Authority and its members, rather it must be available to facilitate competitive delivery of broadband services on an open access basis. • Expand accessibility to subsea cables and related localized commercial data center infrastructure. • Support broadband needs of business incubators, technology innovators, product accelerators, and data centers. • Foster an ecosystem for low-cost internet service providers to meet demand for affordable internet to address the business Digital Divide. • Expand advanced technology business creation and retain newly educated/skilled workforce. • Such other and further matters as may be reasonably related to the Project. 100445492.DOCX ) 32 ) l CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Grant Funds to the Department of Public Health for the Baby Care Program and to Continue the Authorization of Grant- Supported Positions MEETING DATE: January 18, 2022 • Background: The Virginia Beach Baby Care Program was launched in FY2014- 15 with an initial donation of $900,000 from the Landmark Foundation, a Norfolk-based private foundation. The Baby Care Program provides home visitation by registered nurses for families that are expecting and with young children up to age two. The program is open to Virginia Beach residents who qualify for Medicaid. Specially trained Baby Care nurses provide behavioral risk screening, comprehensive case management services, and expanded prenatal services to improve the medical, developmental, and health outcomes for expectant mothers and their babies. The original grant was intended to fund the program for three years. Due to program staff vacancies, the $900,000 enabled the Baby Care Program to continue through FY 2019- 20. The Department of Public Health completed successful reviews with the Landmark Foundation in both 2019 and 2020. Subsequently, the Landmark Foundation awarded $300,000 to the City in 2020 to continue the program into FY 2020-2021 and an additional $300,000 in February 2021 that extended the program halfway through FY 2021-2022. This $300,000 award will fund the program for approximately one more year. To support this program, the City Council reestablished five FTEs within the Department of Public Health's FY 2020-21 Operating Budget in August 2020. These positions include one full-time nurse supervisor, two full-time registered nurses, one full-time administrative staff member, one part-time (0.5 FTE) administrative staff member, and one part-time (0.5 FTE) outreach worker. This $300,000 award will support the continuation of these FTEs as City employees. • Considerations: There is no local match requirement for this grant. If the grant does not continue after FY 2021-22, the City is not obligated to continue this program or the grant-supported positions. • Public Information: Normal Council agenda process. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Virginia Beach Public Health Department City Manager: 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT 2 FUNDS TO THE DEPARTMENT OF PUBLIC HEALTH FOR 3 THE BABY CARE PROGRAM AND TO CONTINUE THE 4 AUTHORIZATION OF GRANT-SUPPORTED POSITIONS 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 $300,000 is hereby accepted from the Landmark Foundation and appropriated, with 10 revenues increased accordingly, to the FY 2021-22 Operating Budget of the Public Health 11 Department for the continuation of the Baby Care Program, and the grant-supported 12 positions for the Baby Care Program, totaling 5.0 FTE, are continued and remain 13 contingent upon future funding of this grant. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2022. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: -41'' '' 4C°6C-1 /4 6 Budget and Management Services y At ey's Office CA15672 R-1 January 5, 2022 � 1 K�'H l (( l, q'sd'`, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Grant Funds to the Commonwealth's Attorney for the Drug Treatment Court, to Authorize a Grant Match, and to Authorize a Grant-Funded Position MEETING DATE: January 18, 2022 • Background: The Department of Justice, Bureau of Justice Assistance has awarded the Virginia Beach Adult Drug Treatment Court Program $547,358 in federal funds to implement and enhance drug court services through coordinated services, management of drug court participants, and recovery support services. The Virginia Beach Drug Treatment Court (VBDTC) screening process began June 1, 2017, and continues as suitable defendants are arrested, recommended for entry, and agree to be part of the program. VBDTC is a cooperative effort that includes the following Virginia Beach agencies: Commonwealth's Attorney's Office; Virginia Beach Circuit Court; Probation and Parole; Community Corrections; Department of Human Services (DHS); Public Defender's Office; Police Department; Sheriffs Office; and City Attorney's Office. The goal of VBDTC is to rehabilitate non-violent felony offenders with a history of substance use and provide them with an alternative to prison to change their long-term behavior. The following must be true for a participant: he or she (i) must reside in Virginia Beach; (ii) have a pending violation of probation; (iii) may not have a violent criminal history; (iv) may not have any prior convictions for possession with intent to distribute drugs; and (v) must have a previously suspended jail or prison sentence in excess of 12 months. On December 17, 2021, the VBDTC received notification of an approved grant award of $547,358 in federal funds. The funds must be spent from October 1, 2021 through September 30, 2025. The Commonwealth Attorney's Office will administer the grant. These funds will be used to employ a Clinician Ill, through DHS, and this Clinician will provide substance use and mental health services to an increased number of program participants. The funds also will provide short-term housing assistance for participants in need of sober living or transitional housing and annual training for VBDTC team members through the National Association of Drug Court Professionals. DHS historically has used internal resources to support the VBDTC. The requested position will be the first grant-funded position, and it is necessary to meet the needs of an expanded VBDTC, which will serve 30 participants instead of the previous participant load of 15. • Considerations: This grant requires a 25% match based upon a formula utilized by the Bureau of Justice Assistance. The in-kind match will be met through the Office of the Commonwealth's Attorney's existing operating budget. The new position will be fully grant funded. Once the grant period is over in September 2025, the FTE authority for the Department of Human Services will lapse. • Public Information: Normal Council Agenda process. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Office of the Commonwealth's Attorney on behalf of the Virginia Beach Adult Drug Treatment Court Program City Manager:f AV 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT 2 FUNDS TO THE COMMONWEALTH'S ATTORNEY FOR THE 3 DRUG TREATMENT COURT, TO AUTHORIZE A GRANT 4 MATCH, AND TO AUTHORIZE A GRANT-FUNDED 5 POSITION 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA, THAT: 9 10 1. $547,358 from the United States Department of Justice is hereby accepted and 11 appropriated, with estimated federal revenues increased accordingly, to the FY 2021-22 12 Operating Budget of the Office of the Commonwealth's Attorney for the drug treatment 13 court. 14 15 2. A grant match (25%) is to be made in-kind by the Commonwealth's Attorney through 16 existing appropriations. 17 18 3. One grant-funded Clinician III position (1.0 FTE) is hereby authorized in the Department 19 of Human Services, provided such position is contingent upon future grant funding. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2022. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: .z ,‘._ �,� Cha/(1174(1 L! udget & Management Services tto ey's ffice CA15676 R-1 January 6, 2022 K. PLANNING 1. HUNT CLUB CONDOMINIUM ASSOCIATION, INC. for a Modification of Conditions re increase the number of multi-family dwellings by eleven (11) at 120 Loftin Way DISTRICT 1 (Formerly District 2—Kempsville) RECOMMENDATION: APPROVAL 2. PRINCESS ANNE VILLAGE, LLC / SUSAN KELLAM, DAVID E. KELLAM REVOCABLE TRUST,KELLAM&EATON,INC., SISTERS II,LLC,CHARLES F. BURROUGHS III & CITY OF VIRGINIA BEACH for a Conditional Change of Zoning from B-2 Community Business, AG-1 & AG-2 Agricultural Districts to Conditional PD-H2 Planned Unit Development (R-10 Residential District) & Conditional B-2 Community Business Districts)re development of 73 residential lots with up to 89 dwellings and one commercial parcel at 2369, 2373, 2375,2381,2385 Princess Anne Road, 2393,2401, 2413 North Landing Road&parcel between 2393 North Landing Road,2385 Princess Anne Road DISTRICT 2 (Formerly District 7—Princess Anne) RECOMMENDATION: APPROVAL 3. JAMES D. WHITE REVOCABLE LIVING TRUST for a Conditional Use Permit re short term rental at 407 18th Street, Unit A DISTRICT 6 (Formerly District 6—Beach) RECOMMENDATION: APPROVAL APPLICANT REQUEST DEFERRAL TO FEBRUARY 15, 2022 4. 2508 PACIFIC AVENUE, LLC for a Conditional Use Permit re short term rentals at 2510, 2514, 2518, 2522, 2526 & 2530 Pacific Avenue DISTRICT 6 (Formerly District 6— Beach) RECOMMENDATION: APPROVAL 5. ORP VENTURES, LLC for a Conditional Use Permit re short term rental at 603 20th Street DISTRICT 6 (Formerly District 6—Beach) RECOMMENDATION: APPROVAL 6. ORP VENTURES,LLC for a Conditional Use Permit re short term rentals at: 410 19th Street 412 19th Street a. Unit 101 a. Unit 101 b. Unit 102 b. Unit 102 c. Unit 103 c. Unit 201 d. Unit 201 d. Unit 202 e. Unit 202 DISTRICT 6 (Formerly District 6—Beach) RECOMMENDATION: APPROVAL i .yam t r Sum � -F l�°a �� .;,,‘, NOTICE OF PUBLIC HEARING A Public Hearing of the Virginia Beach City Council will be held on Tuesday,January 18,2022 at 6:00 p.m.In the Council Chamber at City Hall, Building 1,2.Floor at 2401 Courthouse Drive,Virgnia Beach,VA 23456.Members of the public will be able to observe the City Council meeting through livestreaming on www.vbgov.com, broadcast on VBTV,and via WebEx.Citizens who wish to speak can sign up to speak either in-person at the Council Chamber or virtually via WebEx by completing the two-step process below.All interested parties are invited to observe. If you wish to make comments virtually during the public hearing, please follow the two-step process provided below: 1. Register for the WebEx at: https://vbgov.webex.com/vbgov/onstage/g.php?MTID=e209 d7aa305dd3994c9a63e444798b87e 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m.on January 18,2022. The following requests are scheduled to be heard: Hunt Club Condominium Association, Inc. (Applicant & Property Owner)Modification of Conditions(to increase the number of dwelling units from 37 to 48 units at a density of 4.25 units per acre)Address: 120 Loflin Way GPIN(s): 1467337519 Council District Kempsvllle Princess Anne Village,LLC(Applicant)Susan Kellam,David E Kellam Revocable Trust, Kellam & Eaton, Inc, Sisters II, LLC, Charles F Burroughs III,City of Virginia Beach(Property Owners)Conditional Rezoning(B-2 Community Business,AG-1&AG-2 Agricultural Districts to Conditional PD-H2 Planned Unit Development(R-10 Residential District) & Conditional B-2 Community Business Districts for development of 73 residential lots with a total 89 dwelling units at a density of 2.45 units per acre)Addresses:2369,2373,2375,2381, 2385 Princess Anne Road&2393,2401,2413 North Landing Road, Parcel between 2393 North Landing Road&2385 Princess Anne Road GPIN(s): 1494926240, 2404012707, 1494927384, 2403293752, 1494928455, 2404023254, 2404030056, 2404024848, 2404035242, 2404036378 Council District Princess Anne James D.White Revocable Living Trust(Applicant&Property Owner) Conditional Use Permit(Short Term Rental)Address:407 18th Street Unit A GPIN(s):24270763310001 Council District Beach 2508 Pacific Avenue,LLC(Applicant&Property Owner)Conditional Use Permits(Short Term Rentals)Addresses: 2510, 2514, 2518, 2522, 2526, 2530 Pacific Avenue GPIN(s): 2428007216 Council District Beach ORP Ventures,LLC(Applicant and Property Owner)Conditional Use Permits (Short Term Rentals) Address: 603 20th Street GPIN(s): 2417975708 Council District Beach ORP Ventures,LLC(Applicant and Property Owner)Conditional Use Permits (Short Term Rentals) Addresses: 410 19th Street, Unit 101,102,103,201,202&412 19,^Street,Unit 101,102.201,202 GPIN(s):2427080000,2427075475 Council District Beach Copies of the proposed plans, ordinances, amendments and/or resolutions are on file and may be examined by appointment in the Planning Department at 2875 Sabre St,Suite 500,Virginia Beach,VA 23452 or online at www.vbgov.com/pc.For information call 757-385- 4621.Staff Reports will be available on the webpage 5 days prior to the meeting. If you require a reasonable accommodation for this meeting due to a disability,please call the City Clerk's Office at 757-385-4303.If you are hearing impaired,you can contact Virginia Relay at 711 for TDD service.The meeting will be broadcast on cable TV,www.vbgov.com and Facebook Live. Please check our website at www.vbgov.com/government/departments/city-clerk/city-council for the most updated meeting information. All interested parties are invited to participate. Amanda Barnes City Clerk BEACON-JANUARY 2&9,2022-1 TIME EACH - - a o o 17/4-79.', pd 4 •4& - � o I o _ o re � 0 /0 ® uf' 6 "'i j:1/-/- ?'C *,,,I4 I 0 o I in Oo 1 �1 , M w o CZ t o co Cd 0 O 1 � a t: CLn (� o 11111 a po u:�- -aapo �; �� © a/ Oo O� 0 t t � ii%44 • 0 CO O.JQ N cts>' \\- rN.:' C�3•- ?)/�;C Q Q_ ` /,' a.7 '4.,�/ _ \,_4`-� ._ �-- � - ate, .� ▪- O \oes‘ P ( L , E�s 1 © fl ti_ u ONi oo 'a�i.D o ° j0� i / 0 El, )c) ''. g.• 8; 6/ , 0 . © 0 1 gl,] ® l'/ __10 ,, o ° ___co p LC) • ce � ) k•` to o� 7�® �/ )0 Alt dj C-3d, o / c 0 a' a �, /,Q �'' ,per_` mfl ° /� t o ,<C t -'.::) / 74 , L'O-- tx. ../ ° 0 r _____________ ---61rX1---1( IX' r,S 0 0 < 13-- 1 m [� r0 ----- 0 o ElD �� 4Z CM1i 7j 4 CITY OF VIRGINIA BEACH AGENDA ITEM si ITEM: HUNT CLUB CONDOMINIUM ASSOCIATION, INC [Applicant & Property Owner] Modification of Conditions (Adding 11 additional condominium units) for the property located at 120 Loflin Way Drive (GPIN 1467337519). CURRENT COUNCIL DISTRICT — KEMPSVILLE (FUTURE COUNCIL DISTRICT — DISTRICT 1) MEETING DATE: January 18, 2022 • Background: The applicant is requesting a Modification of Conditions to increase the number of multi-family dwellings permitted on site by 11 in an existing condominium development for a resulting density of 4.25 units per acre. When the Conditional Rezoning for this property was approved in 1982, there was a general practice of using conditions in lieu of a voluntary proffer agreement. As this practice is no longer preferred, the applicant is offering proffers in order to modify those conditions of approval. Condition 5 of the 1982 approval states: "The applicant has voluntarily agreed to limit the number of units to a total of 37." While 37 units were approved, only 24 were constructed. A modification of this condition is required to increase this limit. As part of the application, the applicant is also proffering a site plan, architectural design, and landscaping of the site. The 11.3-acre property includes a 24-unit, multi-family residential development originally approved by City Council on September 27, 1982 as part of a Conditional Rezoning of the property from R-5D Residential Duplex District to PD-H2 Planned Unit Development (R-5D Residential Duplex and P-1 Preservation Districts). Six buildings and associated site improvements were depicted on the approved plans for the project; however, only three of these buildings were constructed. The applicant wishes to construct the three remaining buildings originally approved with eight units in each, thereby increasing the unit count on the property by 11. The proposed locations and footprints of these buildings will adhere to the 1982 approved site plan. • Considerations: In Staff's opinion and the Planning Commission concurred, the proposal is in keeping with the policies and goals set forth in the Comprehensive Plan for the Suburban Area. The increase in density is relatively minimal and will be contained within the previously approved footprint of this development. No negative effects Hunt Club Condominium Association, Inc Page 2 of 2 are expected on traffic along Parliament Drive with the increase. Additionally, after reviewing an analysis provided by Virginia Beach Public Schools Staff, there will be no negative impact on school enrollment numbers for the locally zoned schools. Further details pertaining to the application, as well as Staffs evaluation, are provided in the attached Staff Report. Two letters of support were received from the adjacent Ridgelea Civic League and Hunt Club Condominium Association. There is no known opposition to this request. • Recommendation: On December 8, 2021, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, passing a motion by a recorded vote of 9-0, with 1 abstention. • Attachments: Staff Report and Disclosure Statements Location Map Proffer Agreement Minutes of Planning Commission Hearing Letters of Support (2) Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department X),-, /90 City Manager: NBApplicant& Property Owner Hunt Club Condominium Agenda Item Association, Inc PlanningCommission Public Hearing December 8, 2021 7 City Council Election District Kempsville Virginia Beach Request Modification of Conditions Staff Recommendation a/ \\ Approval ,z M"4,^La, atP D Staff Planner 'as°ems Elizabeth Nowak s {r .,e !Southern Location SouthemBoulevard L.. 120 Loflin Way A GPIN 1467337519 i I ov.,.„ Site Size : s I o `°',moo„ 11.3 acres i A°^we: 't ,f7, V =F te,�eare 3 AICUZ ,l Less than 65 dB DNL Q° e Watershed � �a _—�- Chesapeake Bay Existing Land Use and Zoning District Multi-family dwellings/R-5D Residential; PD-H2 Planned Unit Development; P-1 Preservation Surrounding Land Uses and Zoning Districts .' North Power substation, warehouse, office/ 1-1 Light Industrial t _ a,— South Single-family dwellings/R-7.5 Residential; R-10 eneot p -, ,. it �'- a Residential , - A t East ' P } Single-family dwellings, religious use/ R-10 —r.D Residential a > West ° o ,,. Pump station, Single-family dwelling/R-10 r a Residential 0 Hunt Club Condominium Association, Inc Agenda Item 7 Page 1 Background & Summary of Proposal • The applicant is requesting a Modification of Conditions to increase the number of multi-family dwellings permitted on site by 11 at a resulting density of 4.25 units per acre. • The 11.3-acre property is zoned PD-H2 Planned Unit Development with underlying R-5D Residential Duplex District and P-1 Preservation District zoning.This site is a multi-family residential development originally approved by City Council on September 27, 1982 as part of a Conditional Rezoning of the property from R-5D Residential Duplex District to PD-H2 Planned Unit Development.When the Conditional Rezoning for this property was approved in 1982,there was a general practice of imposing conditions in lieu of a voluntary proffer agreement.As this practice is no longer preferred,the applicant is offering proffers in order to modify those conditions of approval, hence the request for a proffered Modifications of Conditions. Condition 5 of the 1982 approval states: "The applicant has voluntarily agreed to limit the number of units to a total of 37."A Modification of this Condition is required to revise this limit.As part of their application,the applicant is also proffering a site plan,architectural design, and landscaping of the site. • The approved plans from 1982 included six condominium buildings. Approval included a condition that the number of dwelling units in the development be limited to 37 total units.This limited density to 3.27 units per acre.The approved site layout proposed the buildings clustered near the center of the parcel and surrounded by a large, shared parking lot.A stormwater management pond was proposed to the north and east of the condominium buildings and most of the parcel was reserved for open space. Of the six originally approved buildings,only three were ever constructed. Each of the three buildings contains eight units for a total of 24 units on site today. As part of the rezoning and consistent with previous practice,the required open space associated with the PD-H2 District was rezoned to P-1 Preservation District. • The applicant wishes to construct the three remaining buildings originally approved for the development.The proposed locations of these buildings would follow the 1982 approved site plan and the proposed building design would be very similar to the existing buildings, as shown on the proposed elevations on pages eight and nine and existing site conditions on pages 11 and 12 of this report. • Similar to the existing buildings,the applicant also proposes eight units in each of the new three buildings.This would result in a total of 48 units on site. • According to the application,the size of the property contributes to high maintenance costs for members of the Hunt Club Condominium Association,and indicates that an increase in the number of units will alleviate cost burden on association members.The PD-H2 District requires a minimum of 1.3 acres of a property be designated as recreation and open space. In this proposal,the area designated as open space is identified as 8.45 acres, approximately 80%of the property,and that is held as common property by the Hunt Club Condominium Association.This amount of open space far exceeds the minimum amount set by the PD-H2 classification for this site. • Simultaneous with the new construction,the Hunt Club Condominium Association intends to make some repairs and improvements to existing site features to include resurfacing the parking lot, repairing a pedestrian footbridge to a picnic area in the northeast corner of the site,augmenting existing landscaping, and renovate the existing three condominium buildings.The goal for the exterior portion of the renovation is to update the buildings to match the new construction in materials as stated in Proffer 3 of the attached Proffer Agreement and shown as depicted on the proposed building elevation on page eight of this report. • The proposed building elevations, as depicted on pages nine and 10,only slightly deviate from the design of the existing condominium buildings.The style is suburban in character and massing,with a low hipped roof,separate Hunt Club Condominium Association, Inc Agenda Item 7 Page 2 unit balconies or patios,and symmetrical facades. Sidewalks define the edges of each building and connect each to the rest of the development and to the shared parking lot. • As depicted on the conceptual site plan, on page seven of this report,the addition of foundation plantings further define and enhance each building.The Category IV screening,which is a mix of evergreen trees and shrubs, is proposed along the west property line will provide a buffer between the development and single-family dwellings immediately west of the subject site. Existing and proposed trees shade the access road to the units and soften the viewshed between the condominium development and single-family homes on the southside of Parliament Drive. • Per Section 203 of the Zoning Ordinance, 96 parking spaces are required on site (two spaces per unit).The conceptual site plan depicts 102 parking spaces,thereby exceeding this requirement by six parking spaces. - 1 . Zoning History 1; � . # Request 1 CUP(Bulk Storage, Building Contractor's Yard)Approved 10/28/2008 6 2 CUP(Motor Vehicle Repair)Approved 09/11/2007 f �; /s� • 3 STC Approved 1998 / f� 4 CRZ A-12&B-2 to R-10)Approved 08/23/2011 Akc . �"et/ Rro CUP(Religious Use)Approved 08/23/2011 1 1!'/ 5 SVR A 03 1995 � , .I'• Rto PProved /08/ e- �- 6 REZ(R-5 to R-8 w/PD-H2 Overlay)Approved 09/27/1982 + '��/ LUP(Land Use Plan)Submitted 12/31/1981 j ( 7 MODC(Expansion of Religious Use)Approved C 12/05/2006 ` ,tea # ato' \ . CUP(Religious Use)Approved 07/02/2002 ` ,., ieat CUP(Church Addition)Approved 06/18/1987 Application Types CUP—Conditional Use Permit MODC—Modification of Conditions STC—Street Closure SVR—Subdivision Variance REZ—Rezoning MODP—Modification of Proffers FVR—Floodplain Variance LUP—Land Use Plan CRZ—Conditional Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental Evaluation & Recommendation The subject property is located within the Suburban Area of the city,which the Comprehensive Plan. One of the guiding development principles of Suburban Areas is the creation of"Great Neighborhoods,"which are stable and sustainable. To achieve the Great Neighborhood objective,development of new residential areas should provide site and building design that is visually interesting and encourage greater social interaction, accommodate for multiple modes of transportation,and promote sustainable and responsive design.The creation and preservation of open spaces is also a guiding principle for the Suburban Area as carefully planned open spaces add to the attractiveness and livability of suburban neighborhoods. The proposed increase in density of this parcel, in Staff's opinion, is consistent with the Comprehensive Plan's vision for the Suburban Area.The impact of an increase in density from 3.27 units per acre to 4.25 units per acre is mitigated by the size of the parcel and the clustering of buildings.Additionally,the increase will be accommodated within the footprint of previously approved buildings with no additional increase in proposed height and no increase in the size of the parking lot.The design of the buildings substantially conforms with the previously approved elevations and the character and quality of the development supports the objectives of Great Neighborhoods,the primary vision of the Comprehensive Plan for the Suburban Area. In Staff's opinion,the proposed unified design, interior sidewalk Hunt Club Condominium Association, Inc Agenda Item 7 Page 3 connections,ample preserved open space, and adjacency to the planned Virginia Beach Trail all support the objectives and goals of the Comprehensive Plan as it relates to the Suburban Area. As the number of units is proposed to be increased,so is it reasonable to expect that the overall number of average daily trips (ADT)will increase. Review of the traffic volume for Parliament Drive reveals that it is less than half of its traffic volume capacity. Based on this,Staff believes that though the proposal will increase ADT in the area, it will be well within the traffic volume capacity for Parliament Drive. Information provided by the Virginia Beach City Public School Staff indicates that enrollment at Point O'View Elementary School currently exceeds its optimum capacity; however, enrollment calculations indicate that current enrollment and projected increase in enrollment will be within 10%of optimum capacity. Current enrollments and projected increases in enrollments for Larkspur Middle School and Kempsville High School are both below optimum capacity. Based on this,the proposal is not expected to negatively impact the current student enrollment. Based on these considerations above that include enhancements to the exterior of the existing units, minimal impact on the existing infrastructure, additional plantings proposed,and retention of 8.45 acres of open space, Staff recommends approval of this request subject to the proffers listed below. Proffers The following are proffers submitted by the applicant.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 application is acceptable," (§107(h)(1)).Should this application be approved,the proffers will be recorded at the Circuit Court and service as a condition restricting the use of the property as proposed with this Modification of Conditions. Proffer 1: When the Phase Four and Phase Five Land is developed, it shall be as three (3) additional residential condominium buildings, each containing eight (8) residential dwelling units, substantially in accordance with the exhibit entitled "PROPOSED SITE IMPROVMENTS PHASES 4&5, PLAT OF HUNT CLUB CONDOMINIUM" dated 9/29/2021,which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning(the"Conceptual Site Plan"). Proffer 2: When the Property is developed, additional supplemental landscape screening shall be planted along the western boundary of the Property, along Parliament Drive and Loflin Way, as well as additional foundation landscaping on the existing and new buildings and parking lot landscaping within the existing and new phases substantially as depicted and described on the Conceptual Site Plan. Proffer 3: The architectural design and exterior building materials on the three (3) new residential building [sic.] as well as the new exterior building materials on the renovated exteriors of the three(3)existing residential buildings will be substantially as depicted and described on the exhibit entitled "Typical Hunt Club Condominium Building Elevation" dated 9/29/2021, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (the"Elevation"). Proffer 4: Condition number 5 of the 8 conditions governing the residential use of the Property under the PDH-2 rezoning granted on September 27, 1982 is modified to permit no more than a total of forty-eight (48) residential dwelling units in the six (6) buildings as depicted and described on the Conceptual Site Plan. Hunt Club Condominium Association, Inc Agenda Item 7 Page 4 Proffer 5: The provisions and requirements set forth in the remaining seven (7) original conditions of development have all been complied with,as reflected in the Conceptual Site Plan,and remain binding upon the Property. Proffer 6: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. Staff Comments:Staff has reviewed the Proffers listed above and finds them acceptable. The City Attorney's Office has reviewed the agreement and found it to be legally sufficient and in acceptable legal form. Comprehensive Plan Recommendations The Comprehensive Plan recognizes this property as being within the"Suburban Area." Guiding principles have been established in the Comprehensive Plan to guard again possible threats to the stability of the Suburban Area and to provide a framework for neighbors and places that are increasingly vibrant and distinctive. The Plan's primary guiding principle for the Suburban Area is to create "Great Neighborhoods," and to support those neighborhoods with complementary non-residential uses in such a way that working together the stability and sustainability of the Suburban Area is ensured for now and the future. Natural & Cultural Resources Impacts The site is located in the Chesapeake Bay watershed. It appears that no natural or cultural resources will be affected by this project. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Parliament Drive 3,882 ADT' 9,900 ADT 1(LOS 4"D") Existing Land Use 2—270 ADT Proposed Land Use'—351 ADT 'Average Daily Trips 2 as defined by a 37 residential 3 Based on 48 residential 4 LOS=Level of Service condominium units condominium units Master Transportation Plan (MTP) and Capital Improvement Program (CIP) The northern property line of the site follows the former Norfolk Southern Railroad corridor (NSRR), which is presently City of Virginia Beach right-of-way. The NSRR is master planned as part of the Virginia Beach Trail, a proposed multi-use recreational path.This portion of the NSRR is part of the planned Phase 1 for the trail's development. The Virginia Beach Trail has been part of City transportation plans since 1981. There are no long-term plans for Parliament Drive in the current Master Transportation Plan. Public Utility Impacts Water There is an existing eight-inch City water main along Parliament Drive.There is also an eight-inch City water main encroaching into the site within a 15-foot Public Utility Easement.The site is already connected to City water. Hunt Club Condominium Association, Inc Agenda Item 7 Page 5 Sewer The site is already connected to City gravity sewer and there is an existing eight-inch sanitary sewer gravity main along Parliament Drive. Both water and sanitary sewer service must be verified and improved if necessary,so that the proposed development will have adequate water pressure,fire protection, and sanitary sewer service. Public Schools Impacts This property is currently zoned for Point O'View Elementary School, Larkspur Middle School,and Kempsville Highschool.Virginia Beach Public Schools anticipates the increase in dwelling units at this site would generate a modest number of students. School Current Enrollment Capacity Generation 1 Change Point O'View Elementary 689 students 630 students 2 students 2 students Larkspur Middle 1,563 students 1,647 students 1 student 1 student Kempsville High 1,786 students 2,060 students 2 students 2 students 1"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). Public Outreach Information Planning Commission • The applicant met with the Ridgelea Civic League President to discuss the details of the request. Staff received a letter of support for this project from the Ridgelea Civic League on December 1,2021. • The applicant also indicated to Staff that the Board of the Hunt Club Condominium Association has had multiple meetings with the residents and have circulated a petition of support for the immediate condominium units most affected by this project. • In addition to the required notice signs,the applicant posted a site plan, a project summary,and contact information for the project manager for those with questions.The applicant received one call from a homeowner on November 8, 2021 and met with that homeowner on November 18, 2021. • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on November 8, 2021. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, November 21, 2021 and November 28,2021. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on November 22,2021. • This Staff report, as well as all reports for this Planning Commission's meeting,was posted on the Commission's webpage of www.vbgov.com/pc on December 2, 2021. Hunt Club Condominium Association, Inc Agenda Item 7 Page 6 City Council • Two letters of support have been received by Staff. • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,January 2, 2022 and January 9, 2022. • As required by City Code, the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on January 3, 2022 • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on January 14, 2022. Hunt Club Condominium Association, Inc Agenda Item 7 Page 7 Proposed Site Layout N*0 Z 3.1 WIZ*a a/ 1181103 kill! WIIINIHOONO3 ems IN1111 NOurVxdroolv I'M Itiv;-w.'ir dO 11+7d'S V*S3SVHd NOLUCIN0.7 cal 5 ........ I TaNgAWAONJAM3IPSUMSWORd Ell-ad Ps ! 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' 1 ?, `*$ 1t- - Hunt Club Condominium Association, Inc Agenda Item 7 Page 11 Site Photos , . _ I Z ,�, 1., -;' - .- • _ x ' .., r,_ ',,.- . . = - : _ h f Z' ...n�'4 p" li '� i2 F ]i�,f I '#Lt 5+ i 5 ����,„ t ,� �� ., r �� "��,,,�� a$ :� apt � '�_ � s« ;h , �•_ G�, yip ss. a + r�� fir._ ¢:Zcoigri..;- M e pfh _-h"ac '+i. :a'i,` .#r. .,,t}• . • . 2Y y �' *,..,Y s,, ;-'.,A.‘„,„, _4 -f V 3ti r `Sew'.,... Hunt Club Condominium Association, Inc Agenda Item 7 Page 12 Site Photos H 4 v . - _ _ ..,_ _ _-� _ ,imik...„, _ ., .. ...., ., ,.. . ......, . . , . ,. . . .., ,,,,.. .„.„.„: ..,..- ' ...., N `kb •'!F yz c A � � � t ' �¢ Y 1 ;z - Hunt Club Condominium Association, Inc Agenda Item 7 Page 13 Disclosure Statement Disclosure Statement City Planning&Community Development The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board,commission or other body. Applicant Disclosure Applicant Name Hunt Club Condominium Association,Inc.,a Virginia non-stock corporation Does the applicant have a representative? ■Yes ❑No • If yes,list the name of the representative. R.Edward Bourdon,Jr.,Esq.,Sykes,Bourdon,Ahern&Levy,P.C. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?®Yes ❑No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Mark Eller,President;Maureen Allision,Secretary/Treasurer;Mark Podolinsky,Board Member • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity relationship with the applicant. (Attach a list if necessary) "Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code 4 2.2-3101. "'Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 11 Hunt Club Condominium Association, Inc Agenda Item 7 Page 14 Disclosure Statement Disclosure Statement Ci y of 4'oyimo Renrit Planning&Community Development Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?■Yes 0 No • If yes,what is the name of the official or employee and what is the nature of the interest? Mark Podolinsky,Dept.of Public Works Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑Yes ■No • If yes,identify the financial institutions providing the service. 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes No • If yes,identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?0 Yes ®No • If yes,identify the firm and individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?0 Yes In No • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?®Yes 0 No • If yes,identify the purchaser and purchaser's service providers. Classic 3 Group,LLC,Rick Gregor 2I Hunt Club Condominium Association, Inc Agenda Item 7 Page 15 Disclosure Statement 1 T • 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?a Yes ❑No • If yes,identify the company and individual providing the service. Classic 3 Group, LLC/Rick Gregor 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?11 Yes ❑No • If yes,identify the firm and Individual providing the service. Geostat Land Surveys/Scott Wilkins 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?U Yes 0 No • If yes,identify the firm and individual providing the service. R Edward Bourdon,Jr.,Esq.,Sykes,Bourdon,Ahern&Levy,P.C.;Harry R.Purkey,Jr.,Esq. I Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,i am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. HA-16ub Con minium sod 'on,Inc. By: Applicant Signature• '({' C. l4— gl{a5rQsr3T- 4V+1i CLUE CUr,\DO ASsA\ Print Name and Title /3012_oz�i Date is the applicant also the owner of the subject property? Yes ❑No • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be updated two 12)weeks prior to any Planning Committee and City Council meeting that pertains to the applications Mo chansts as of 01/04/22 snIhne Rini Name j,.-th Nowak Revised11.09,1020 3iPage Hunt Club Condominium Association, Inc Agenda Item 7 Page 16 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division,and the issuance of a Certificate of Occupancy,are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Hunt Club Condominium Association, Inc Agenda Item 7 Page 17 HUNT CLUB CONDOMINIUM ASSOCIATION, INC.,a Virginia non-stock corporation TO (PROFFERED COVENANTS,RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH,a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 1st day of November, 2021, by and between HUNT CLUB CONDOMINIUM ASSOCIATION,INC.,a Virginia non-stock corporation,Grantor,party of the first part; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia,Grantee,party of the second part. WITNESSETH: WHEREAS, the Grantor is the mandatory membership unit owners association of the Hunt Club Condominium on 11.3 acres in the Kempsville District of the City of Virginia Beach, Virginia which is empowered to operate, manage, administer, maintain, control, add to and improve the condominium's property as described on Exhibit"A" (hereinafter the "Property"); and WHEREAS, the Declaration of Condominium creating the Hunt Club Condominium recorded on October 28, 1987 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 2686, at Page 1998 included the creation of those "Convertible Land Areas"designated"PHASE FOUR-AREA= 1.583 ACRES"and"PHASE FIVE-AREA=2.444 ACRES"as depicted on"Exhibit C-1 PLAT OF HUNT CLUB CONDOMINIUM"recorded in the above referenced Clerk's Office in Deed Book 2686, at Page 2045, , as described on Exhibit "B" (the "Phase Four and Phase Five Land"), upon which three (3) buildings were to be constructed by the Declarant,which were not developed;and WHEREAS, the Grantor, as authorized by its Board of Directors and Members has initiated a conditional amendment to the Zoning Maps of the City of Virginia Beach to modify GPIN: 1467-33-7519-0Ooo PREPARED BY: .w—"SPICES.BOURDON. Prepared by: AIIERN&LEVY.P.C. R.Edward Bourdon,Jr.,Esquire VSB#2216o Sykes,Bourdon,Ahern&Levy,P.C. 4429 Bonney Road Suite 500 Virginia Beach,Virginia 23462 condition number five (5) of the City Council approved PDH-2 Zoning District approved for the Property on September 27, 1982, to permit the Hunt Club Condominium to contain a total of forty-eight (48) units in six (6) buildings at a density of 4.25 units per acre, including three (3) new buildings on the Phase Four and Phase Five Land. NOW, THEREFORE, the Grantor, for itself, its successors, personal representatives, assigns, grantee, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval,hereby makes the following modification to condition numbered 5 of the PDH-2 Zoning District governing the Property as approved by Grantee on September 27, 1982 subject to the conditions and restrictions which shall restrict and govern the physical development,operation and use of the Property and hereby covenant and agree that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors, personal representatives,assigns,grantees,and other successors in interest or title: 1. When the Phase Four and Phase Five Land is developed, it shall be as three (3) additional residential condominium buildings, each containing eight (8) residential dwelling units, substantially in accordance with the exhibit entitled "PROPOSED SITE IMPROVEMENTS, PHASES 4 & 5, PLAT OF HUNT CLUB CONDOMINIUM" dated 9/29/2021, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning(the"Conceptual Site Plan"). 2. When the Property is developed, additional supplemental landscape screening shall be planted along the western boundary of the Property,along Parliament Drive and Loflin Way,as well as additional foundation landscaping on the existing and new buildings and parking lot landscaping within the existing and new phases substantially as depicted and described on the Conceptual Site Plan. 3. The architectural design and exterior building materials on the three (3) new residential building as well as the new exterior building materials on the renovated exteriors of the three (3) existing residential buildings will be substantially as depicted and described on the PREPARED BY: s h SYKES.BOURDON. exhibit entitled "Typical Hunt Club Condominium Building Elevation" dated 9/29/2021,which A{I AIIERN&LEVY.P.0 has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning(the"Elevation") 2 4. Condition number 5 of the 8 conditions governing the residential use of the Property under the PDH-2 rezoning granted on September 27, 1982 is modified to permit no more than a total of forty-eight(48) residential dwelling units in the six(6)buildings as depicted and described on the Conceptual Site Plan. 5. The provisions and requirements set forth in the remaining seven (7) original conditions of development have all been complied with,as reflected in the Conceptual Site Plan, and remain binding upon the Property. 6. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. The above conditions, having been proffered by the Grantor and allowed and accepted by the Grantee as part of the modification to the condition attached to the Rezoning, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions,however,may be repealed,amended,or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument,provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950,as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded,said instrument shall be void. The Grantors covenant and agree that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, PREPARED BY: Virginia, to administer and enforce the foregoing conditions and restrictions, including the S sB SYKES.BOURDON. authority(a)to order,in writing,that any noncompliance with such conditions be remedied;and Ai E. AIWRN&LEVY,P.C. (b) to bring legal action or suit to insure compliance with such conditions,including mandatory or prohibitory injunction,abatement,damages,or other appropriate action,suit,or proceeding; 3 (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator,made pursuant to these provisions, the Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court;and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia,and indexed in the name of the Grantors and the Grantee. PREPARED BY: SYKES,BOURDON. emmi AIIERN&LEVY.P.C. 4 WITNESS the following signature and seal: Grantor: Hunt Club Condominium Association,Inc., a Virginia non-stock corporation By a Cam- (SEAL) Mark C. Eller,President STATE OF VIRGINIA CITY OF VIRGINIA BEACH,to-wit: The foregoing instrument was acknowledged before me this 12th day of November,2021, by Mark C. Eller, President of Hunt Club Condominium Association, Inc., a Virginia non-stock corporation,Grantor. ,j,za // a Notary Public My Commission Expires: August 31,2022 �+++plfffl�va.,,,i Notary Registration Number: 192628 ,,j'=A Jil. p :o Ge+n n++0-+,,', PREPARED BY: SYKES,BOURDON, A�IERN&LEVY.P.C. 5 EXHIBIT "A" LEGAL DESCRIPTION THE PROPERTY ALL THAT certain piece or parcel of land,with the buildings and improvements thereon and the appurtenances thereunto belonging, including an undivided one-half(') interest in a twenty foot(20')unimproved private road located contiguous to the western boundary of said property, situate, lying and being in Kempsville Borough, City of Virginia Beach, Virginia, said property being more particularly bounded and described as follows: BEGINNING at the southeastern intersection of Lowthern Drive in the Norfolk and Southern Railroad Right of Way, thence along the southern Right of Way of the Norfolk and Southern Railroad Right of Way, S. 84° 19' 22" E, a distance of 163.97 feet to the point of beginning (said point of beginning is also the northwestern corner of Lot 3, Subdivision of Property of Norman P. Scott, said plat duly recorded in Deed Book 857, at Page 270); thence from said point of beginning continuing along the southern Right of Way of the Norfolk and Southern Railroad,S. 84° 19' 22" E. a distance of 693.14 feet to a point in the western line of a twenty foot (20') unimproved road (which road is referred to in an agreement between Miller and Santos in Deed Book 83,at Page 461);thence along the western line of said road,S. 15°22' 19"W.a distance of 838.69 feet (833.59 feet Field) to the northern Right of Way line of Parliament Drive; thence along the northern Right of Way Line of Parliament Drive, N. 63° 03' 51" W. (N 63° 03' 42"W Field),a distance of 616.71 feet(615.68 feet Field)to a point in the line of the property of the City of Virginia Beach, Virginia; thence along the eastern line of the property of the City of Virginia Beach,Virginia, N. 26° 51'04" E. (N 26° 50'46" E Field),a distance of 75 feet(70 feet Field) to a point; thence turning and running along the northern line of the property of the City of Virginia Beach, Virginia, N. 63° 08' 56" W. (N 63° 09' 14" W Field), a distance of 63.43 feet (63.40 feet Field) to the western line of Lot One (1), of the Norman P. Scott Subdivision; thence along the eastern line of said subdivision,N. 11°49'04" E. (N 11°48'46" E Field),a distance of 513.21 feet (513.19 feet Field) to the point of beginning. GPIN: 1467-33-7519-0000 PREPARED BY: S fi SYIC£S,IlOURDON. A 1_ AII£RN&LEVY.P.C. 6 EXHIBIT "B" LEGAL DESCRIPTION PHASE FOUR AND PHASE FIVE LAND ALL THOSE certain lots, pieces or parcels of land, lying, situate and being in the Kempsville District of the City of Virginia Beach, Virginia, as shown, designated and depicted as "PHASE FOUR AREA = 1.583 ACRES (CONVERTIBLE LAND") and "PHASE FIVE AREA = 2.444 ACRES ("CONVERTIBLE LAND") on that certain plat entitled "EXHIBIT 'C-1' PLAT OF HUNT CLUB CONDOMINIUM" dated October 19, 1987 made by Rouse-Sirine Associates, Ltd., which plat is attached as EXHIBIT C-1 to the DECLARATION OF CONDOMINIUM OF HUNT CLUB CONDOMINIUM and which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia,in Deed Book 2686,at Page 2045. It being a portion of the entire 11.3 acre parcel rezoned to PDH-2 on September 27, 1982 as described on Exhibit A of the Condominium Declaration recorded in Deed Book 2686, at Page 2027. GPIN: Part of 1467-33-7519-0000 H:\AM\—Mod of Conditions\Hunt Club Condo Assn\Proffer Agreementdocx PREPARED BY: S 13 SYKES,BOURDON, tV l AIIERN&LEVY,P.C. 7 Virginia Beach Planning Commission December 8, 2021 Public Meeting Agenda Item # 7 Hunt Club Condominium Association, Inc. [Applicant & Property Owner] Modification of Conditions 120 Loflin Way Drive RECOMMENDED FOR APPROVAL— CONSENT Jack Wall: Okay. Thank you, Mr. Chairman. We have 26 items on the consent agenda today, on the regular consent agenda, including short term rentals. ... Jack Wall: Okay. Thank you very much. The next item on the consent agenda is agenda item number seven, Hunt Club Condominium Association Incorporated is the applicant and property owner, for Modification of Conditions at 120 Loflin Way Drive in the Kempsville District. Is there a representative for this application? Eddie Bourdon: Thank you, Mr. Chairman, Mr. Vice Chairman, members of commission. Again, for the record, Eddie Bourdon, Virginia Beach attorney representing the Hunt Club Condominium Association Inc, which are the owners of the existing 37 units on this 11-acre piece of property. Elizabeth did a fantastic job. I will correct her on one thing. It was a PDH2 rezoning. It was not a Conditional Rezoning, in 1982. And actually, I'd just graduated from law school. Hadn't passed the bar exam. So that tells you how long ago this was. A whole very long time. And it was even before Don was on the Planning Commission, too. Eddie Bourdon: This is a great application, and it is, as Elizabeth said, a unique application. The Association is doing this. This does not represent any additional impervious surfaces. The building pads and the buildings were approved originally with the site plan after the PDH2 rezoning. And it helps the Association, which has all this land it's been maintaining, and these buildings, for the last 38 years. And it's hard for that few number of people to have to pay for all this maintenance. And the new buildings all get upgraded out of this as well. So, it's an excellent situation, and anything like it'll probably never exist again. But appreciate being on the consent agenda. Thank you. Jack Wall: Okay. Thank you. Is there any opposition for this application be placed on the consent agenda? Hearing none, the Commission has asked Mr. Bradley to read this into the record. David Bradley: 1 The applicant and property owner Hunt Club Condominium is requesting a Modification of Conditions to increase the number of multifamily dwellings permitted on site by 11 at a resulting density of 4.25 units per acre. The 11.3-acre site is a multi-family residential development originally approved by City Council on September 27th, 1982. When a Conditional Rezoning for this property was approved in 1982, there was a general practice of imposing conditions in lieu of a voluntary proffer agreement. As this practice is no longer preferred, the applicant is offering proffers in order to modify those conditions of approval. Hence the request for the proffered modification of conditions. David Bradley: Condition five of the 1982 approval states, "The applicant has voluntarily agreed to limit the number of units to a total of 37. A modification of this condition is required to revise this limit."As part of their application, the applicant is also offering a site plan, architectural design, and landscaping of this site. Jack Wall: Okay, thank you. Bobby Tahan: Mr. Wall, if I may. Although I'm not required to disclose, I am disclosing for this that I am a member of the Board of Directors and Vice Chairman of the adjacent property owner of Kempsville Christian Church. Because of that, I have not reviewed nor influenced staff on the review of this application. Jack Wall: Is there any opposition for agenda items 18 through 27 being placed on the consent agenda? All right. Hearing none, Mr. Chairman I make a motion that we approve agenda items 1 and 2, 3, 4, 5, 7, 8, 9, 10, 11, 12 through 17, 18, and 19 through 27. David Weiner: All right. We have a motion for approval. Do we have a second? Donald Horsley: Second. David Weiner: A second. David Weiner: Okay. Now, disclosures. Yeah, I know. We're going there. We got the motion. We got the second. Now we have the disclosures. Okay, go. You start, Whitney. Whitney Graham: Thank you, Mr. Chairman. Pursuant to the Conflicts of Interest Act, Virginia Code Section 2.2- 3115F, I have a letter on file to this as well. I make the following declarations, the following 2 agenda items on today's agenda have some financing by Towne Bank, which I serve on one of the Boards at Towne Bank, but I don't make any decisions for loans or anything like that. Whitney Graham: So anyway, these are items one and two Virginia Beach Raquet Club North Associates LP, 1951 Thomas Bishop Lane, number 10, Jody Calcagno, 4752 Euclid Road, agenda items 12 through 17, 2508 Pacific Avenue LLC for 2510, 2514, 2518, 2522, 2526, 2530 Pacific Avenue, agenda item number 18, ORF Ventures LLC, 603 20th Street, agenda items 19 through 27 ORF Ventures LLC, 410 19th Street units 101, 102, 103, 201, 202. And this is at 412 19th Street units 101, 102, 201 and 202. Sorry about the length of that. Thank you. David Weiner: All right. Next, Mr. Redmond. Dave Redmond: Yeah, I'm not going to do any of that. I will say that I have a letter, myself, on file with the City Attorney's Office, which prevents me from voting on all the short-term rentals. I have a client in the travel industry, and I therefore do not vote on any of the individual short term rental applications, nor on any of the ordinances that govern short term rentals. So, while I will be voting in favour of the consent agenda, I'm specifically abstaining from those items, which I have down as number 12 to 27 on short term rentals. Thank you, Kay. And thank you, Mr. Chairman. David Weiner: Mr. Inman. Mike Inman: Yes, I have to make a disclosure regarding items financing by Towne Bank. I serve on Advisory Board, as does Mr. Graham, that does not make any loan decisions, but disposing with regard to agenda items one and 2, 10, 18, and 19 through 27, without going into the same detail that Mr. Graham did. I believe I can participate in these decisions fairly and objectively, and I will participate in voting on those items. Mike Inman: Next, I'm making a disclosure with regard to item number three, Samet Properties. One of my partners represents the applicant Taylor Farms Land Company. And I'm not involved in that representation, nor do I represent the owner. And I have no financial interest on. Having made this disclosure, I believe I can participate in this vote objectively, fairly, and in the public interest. Mike Inman: Last but not least, with regard to item seven Hunt Club Condominium, I represent that applicant otherwise, not here today, obviously Mr. Bourdon did, and I will therefore abstain from item number seven. David Weiner: 3 Okay. Mr. Graham, do you want to add something? Whitney Graham: Yes, sir, Mr. Chairman. I apologize. In my disclosure, I want to add that I do plan to participate in today's vote, and that I feel that I can do so fairly and objectively in the public's interest. Thank you. David Weiner: Anyone else? Okay. We have a motion for approval by Mr. Wall, a second by Mr. Horsley. Madam Clerk: Okay. Vote is open. By recorded vote of 10 in favor, zero against, agenda items one and 2, 3, 4, 5, 8, 9, 10, and 11 have been recommended for approval by consent. Agenda item number seven, by recorded vote of nine in favor, zero against with one abstention, has been recommended for approval by consent. And agenda items 12 through 17, 18, 19 through 27 through recorded vote of nine in favor, zero against with one abstention, have been recommended for approval by consent. AYE 9 NAY 0 ABS 1 ABSENT 1 Alcaraz AYE Bradley AYE Coston AYE Graham AYE Horsley AYE Inman ABSTAIN Klein AYE Oliver ABSENT Redmond AYE Wall AYE Weiner AYE PROFFERS: The following are proffers submitted by the applicant. 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 application is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and service as a condition restricting the use of the property as proposed with this Modification of Conditions. Proffer 1: When the Phase Four and Phase Five Land is developed, it shall be as three (3) additional residential condominium buildings, each containing eight (8) residential dwelling units, substantially in accordance with the exhibit entitled"PROPOSED SITE IMPROVMENTS PHASES 4 & 5, PLAT OF HUNT CLUB CONDOMINIUM" dated 9/29/2021, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (the "Conceptual Site Plan"). 4 Proffer 2: When the Property is developed, additional supplemental landscape screening shall be planted along the western boundary of the Property, along Parliament Drive and Loflin Way, as well as additional foundation landscaping on the existing and new buildings and parking lot landscaping within the existing and new phases substantially as depicted and described on the Conceptual Site Plan. Proffer 3: The architectural design and exterior building materials on the three (3) new residential building [sic.] as well as the new exterior building materials on the renovated exteriors of the three (3) existing residential buildings will be substantially as depicted and described on the exhibit entitled "Typical Hunt Club Condominium Building Elevation"dated 9/29/2021, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (the "Elevation"). Proffer 4: Condition number 5 of the 8 conditions governing the residential use of the Property under the PDH-2 rezoning granted on September 27,1982 is modified to permit no more than a total of forty- eight (48) residential dwelling units in the six (6) buildings as depicted and described on the Conceptual Site Plan. Proffer 5: The provisions and requirements set forth in the remaining seven (7) original conditions of development have all been complied with, as reflected in the Conceptual Site Plan, and remain binding upon the Property. Proffer 6: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. 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 Ridglea Civic League 5305 Hamilton Lane Virginia Beach, Va.23462 Phone: (757)497-6330 E-mail:wallacereno( verizon.net City Clerk for Mayor,Vice Mayor&City Council Members of Virginia Beach 2401 Courthouse Drive Virginia Beach,Virginia 23456 To Whom It May Concern; I,Cit�jl Reno, in my position as president of the Ridglea Civic League have spoken with Mr. Gregor,the principal in the development company and contract buyer of the Hunt Club condominium remaining phases. We are comfortable with the additional buildings and units and the many improvements being made to existing buildings. We think completion of the project and the many upgrades will be of benefit to the neighborhood as a whole. Sincerely; Y m G;114.1 Reno President Ridglea Civic League Hunt Club Condominium Association 100 Loftin Way Virginia Beach,Va.23462 Phone: (757)621-8660 E-mail:svmaraj@yahoo.com City Clerk for Mayor,Vice Mayor&City Council Members of Virginia Beach 2401 Courthouse Drive Virginia Beach,Virginia 23456 To Whom It May Concern, As a long-term resident,owner and current President of the Hunt Club Condominium Association Board of Directors I am writing to provide you some contextual insight for this development project. I've communicated with our owners concerning the intent and scope of our contractual agreement with Mr. Gregor,the principal in the development company and contract buyer of the Hunt Club condominium remaining phases. Most of our owners are pleased to enter into this agreement for the additional units, improvements to the existing buildings, landscaping, and refurbishment of the parking and common areas. We are a small association with limited resources for upgrading our buildings with modern-day structural amenities and common area property improvement without asking our residents for considerable supplemental assessments. Originally our development project plan included two additional residential buildings and a building intended for owner rented storage units stemming landscaping costs from our current outlays and providing a greater financial base for maintenance assessments; unfortunately,the original developer passed away prior to the completion of the project resulting in a greater financial burden on our owners in the maintenance of the common areas and buildings.This proposed development will generate an additional revenue base for maintenance and stabilize assessment fees for our owners.Additionally, the maintenance and modernization concessions offered by Mr.Gregor will alleviate several large expenditures we are looking at in the near and long term.The Board of Directors unanimously believe that the completion of this project development,with the many building and landscaping upgrades, will benefit our owners and the neighborhood.This is a win-win for all parties, and we ask for your favorable consideration. Very Respectfully, ,! 1 Mark C. Eller Board of Directors-President Hunt Club Condominium Association LO \\ % AN^" - � o E Q z _ VD o /. N4 o -. / .0 3 M 0 0 0 ° co\ o 0 ♦♦nn �Q Q O o N v 464/4/* tn O.� -0 40 e. - > 0 o� 53O V Q N 1IiIhN LE= c2 lig \1N ' � = N i C = O,p�� .2 ' Q N Q p co = , � � o N s NMM .= ���o�, $ •Qi .., �� N : N = N o • � ,, a a 0 f an d O O �,, f� p)COv O NY 0 m M rfpcy %7C:p;72.127,._\__> o Ayfr4l ;i . N N > a ob Li J � p N. M M = Z . a ram, / '� IN'► N o� °� ‘4 \ 1 " `° �� iN � -\ I 0i N 12 NNQO ,� No I.6 � �ove N cn,< I Ie' Ld e) —• 1. i m � NOb CO 0�N\ / � N N � o � a r — 0 - \ d 0 0 G. a N Q1 m0 0 Q- J,ig $ a OA toiir•er f s; CITY OF VIRGINIA BEACH AGENDA ITEM I ITEM: PRINCESS ANNE VILLAGE, LLC [Applicant] Susan Kellam, David E Kellam Revocable Trust, Kellam & Eaton, Inc, Sisters II, LLC, Charles F Burroughs III, City of Virginia Beach [Property Owners] Conditional Change of Zoning (B-2 Community Business, AG-1 & 2 Agricultural Districts to Conditional PD-H2 Planned Unit Development (R-10 Residential District) & Conditional B-2 Community Business Districts)for the property located at 2369, 2373, 2375, 2381, 2385 Princess Anne Road & 2393, 2401, 2413 North Landing Road, Parcel between 2393 North Landing Road & 2385 Princess Anne Road (GPINs 1494926240, 2404012707, 1494927384, 2403293752, 1494928455, 2404023254, 2404030056, 2404024848, 2404035242, 2404036378 ). CURRENT COUNCIL DISTRICT — PRINCESS ANNE (FUTURE COUNCIL DISTRICT — DISTRICT 2) MEETING DATE: January 18, 2022 ■ Background: The applicant seeks to rezone 55.57 acres from AG-1 & AG-2 Agricultural Districts to Conditional PD-H2 Planned Unit Development (R-10 Residential District) & Conditional B-2 Community Business Districts to develop the properties with a neo-tradition style residential community with up to 89 dwellings on 73 lots and 1 commercial parcel, resulting in a density of 2.45 units per acre. The 0.84-acre commercial parcel is intended to be developed with a restaurant. Each dwelling is proposed to be rear-loaded and accessed by a one-way alley. In addition, up to 16 garage apartments are planned as accessory units on 16 of the larger lots within the development. The site is located within the Historic and Cultural Princess Anne Courthouse/Whitehurst House District and the Interfacility Traffic Area and Vicinity Master Plan. The proposal includes a land swap with the City's property for construction of a pedestrian trail that will connect the Foxfire neighborhood to the Municipal Center and beyond. The land swap area will occur after the rezoning and requires Council approval. A large portion of the property is located in a Federal Emergency Management Agency (FEMA) Special Flood Hazard Area. The residential dwellings are concentrated on the northwestern portion of the site, away from West Neck Creek, which borders the property to the southeast. Five open space areas, totaling 6.27 acres, are depicted on the plan that will be throughout the community and available for use by the residents as private parks. Over 56% of the development is designated for open space, thereby, exceeding the 50% open space requirement for residential developments within the Transition Area Guidelines. The proposal was presented to the Transition Area/Interfacility Traffic Princess Anne Village, LLC Page 2 of 3 Area Citizen's Advisory Committee (TA/ITA) on May 22, 2018. Consistent with the Transition Area Design Guidelines, the proposed house styles reflect the vernacular Tidewater and rural architecture. The exteriors will feature fiber cement and brick and each dwelling will have a front porch with varied rooflines. After the Planning Commission public hearing, Staff was made aware that the latest concept plans were not presented to the TA/ITA. The Staff Report has been revised to indicate this. This site is located within the 65-70 dB DNL noise zone, Sub-area 2 of the Air Installations Compatible Use Zones (AICUZ). On May 22, 2018, the applicant met with the Joint Review Process (JRP) Group to discuss the proposed project and there were no objections to this request. The applicant appeared before the Historical Review Board (HRB) on July 18, 2018 and August 18, 2021 and was issued Certificates of Appropriateness that permitted the demolition of the existing structures and approval of the Colonial, Farm House, and Craftsman architectural styles and exterior building materials for the proposed development. The plan depicts a left-turn lane into the development going westbound at the intersection of Princess Anne Road and North Landing Road. Traffic Engineering has indicated that an intersection analysis at North Landing Road and Princess Anne Road will be required to determine the ultimate lane arrangements, signal modifications and signal phasing for traffic signal. Final review of the roadway will be completed at site plan review. The proposed design for internal streets of this community includes alleys, tree- lined narrow pavement widths, one and two-sided on-street parking, and associated unique amenities (i.e., signage, lighting, paths). According to Department of Public Utilities Staff, the quaint but reduced roadway widths impact the ease and ability to operate, inspect, maintain, and repair or replace assets such as underground piping, valves, and manholes. Variances to these standards may be required and will be reviewed at site plan submittal. The applicant proposes to manage stormwater quality requirements by placing a conservation easement on 71 acres, including the nearby 46.48-acre parcel across West Neck Creek. This parcel is not part of this rezoning application and will require future consideration to ultimately include this parcel as part of the proposed development. Staff agrees that the proposed conceptual stormwater management strategy has the potential to successfully comply with the stormwater requirements. Final design and detailed updates will be made during site plan submittal to ensure conformance with all requirements set forth in the Public Works Design Standards Manual. The applicant plans to request the City to participate in a Cost Participation Agreement for the to route and handle public water that the preliminary stormwater Princess Anne Village, LLC Page 3 of 3 analysis showed would impact the site. This request will require City Council approval and be reviewed under a separate cover. ■ Considerations: The Planning Commission concurred with Staff's findings that the proposal is in keeping with the policies and goals set forth in the Comprehensive Plan for the Transition Area by providing a variety of dwelling styles that are compatible with the surrounding area and consistent with the Historical Area, and open space amenities that connect to public trails. While the Transition Area Guidelines recommend a maximum density of up to and no more than one dwelling unit per acre, the policies of the ITA Plan encourage a greater density for the purpose of increasing housing choices in close proximity to the Municipal Center. The applicant is also proposing smaller lot sizes as allowed by the Transition Area Design Guidelines by meeting the design guidelines and providing additional open space accessible to residential units. The majority of the components of the Transition Area Design Guidelines appear to be met. This includes recommendations related to streetscaping elements, open space, pedestrian connectivity, and the proposed house styles reflect the vernacular tidewater and rural architecture. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. Staff received two letters of opposition regarding this request. The opposition noted concerns related to flooding, density, removal of natural vegetations, and narrow width of North Landing Road & Princess Anne Road. • Recommendation: On December 8, 2021, the Planning Commission passed a motion to recommend approval of this request by a vote of 8 to 1, with 1 abstention. One Commissioner voted to not approve the request due to concerns related to the removal of natural vegetations from the development site. • Attachments: Staff Report and Disclosure Statements Concept Plans Location Map Proffer Agreement Minutes of Planning Commission Hearing Letters of Opposition (2) Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department y �� City Manager: Applicant Princess Anne Village, LLC Agenda Item Property Owners Susan Kellam, David E Kellam Revocable Trust, Kellam & Eaton, Inc, Sisters II, LLC, Charles F Burroughs III, City of Virginia Beach 6 ry r Planning Commission Public Hearing December 8, 2021 Virginia Beach City Council Election District Princess Anne Request Conditional Rezoning(B-2 Community Business,AG- 1&2 Agricultural Districts to Conditional PD-H2 Planned Unit Development(R-10 Residential District) % &Conditional B-2 Community Business Districts) Staff Recommendation Approval A6/ A " _ Staff Planner ,,. �'�l' Hoa N. Dao > ' yr�"i 4b • Locations 42' IP 2369,2373,2375,2381,2385 Princess Anne Road& IS 4f °'�,y ,w c. 4.. 2393,2401,2413 North Landing Road,Parcel 4/k. woy e,=a between 2393 North Landing Road&2385 Princess °'6 Anne Road a GPINs 1p�' 1 1494926240,2404012707, 1494927384, 1, , 2403293752, 1494928455,2404023254, 2404030056,2404024848,2404035242, 2404036378 \ "- Site Size 55.57 acres AICUZ 65-70 dB DNL;Sub-Area 2 W-- a , 4,�>r„T `j" ` ;.,..! a�Watershed " r +' ,�.:r K • Southern Rivers ; .` ,Ms " a' Existing Land Use and Zoning District " '', Single-family dwellings,undeveloped /AG-1,AG-2 •' sly- ;, • ',- • a f Agricultural,B-2 Community Business s °+'PR °� Surrounding Land Uses and Zoning Districts kilP•... . 4; ; North r „hil ?.,°i �� ; Princess Anne Road4a" � '�' „•✓f Single-family dwellings,office,automotive repair / �i �.� +w 'y„'y d�k 0-2 Office,B-2 Community Business,AG-2 ;. 61,v r, Agricultural n.`�aa , % South .4 1 441. p' Wooded,west neck creek,office/warehouse /AG-1 c Agricultural, 1-2 Heavy Industrial ; pt East - Single-family dwelling,wooded/AG-1&AG-2 Agricultural West Princess Anne Road, North Landing Road Shopping center,wooded /B-1 Neighborhood Business,AG-1 Agricultural Princess Anne Village, LLC Agenda Item 6 Page 1 Background & Summary of Proposal • The subject site is comprised of 10 parcels totaling 55.57 acres at the intersection of Princess Anne Road and North Landing Road,designated as "Historic Princess Anne Center" in the Interfacility Traffic Area and Vicinity Master Plan. There are currently four single-family dwellings,and a communication tower on the properties. The applicant proposes to rezone the 55.57-acre site from AG-1 and AG-2 Agricultural District and B-2 Community Business District to Conditional PD-H2 with an R-10 Overlay and Conditional B-2 Community Business District. Proposed is the Princess Anne Village Community with up to 89 dwellings (2.45 units per acre)on 73 lots and one commercial parcel. The applicant is not proposing to remove the properties from the Historic and Cultural Princess Anne Courthouse/Whitehurst House District. • The proffered concept plan depicts a 0.84-acre portion of the site to be rezoned to Conditional B-2 Community Business District with the intention of being developed with a restaurant. • The plan also depicts the residential dwellings concentrated on the northwestern portion of the site,away from West Neck Creek,which borders the property to the southeast. Each dwelling is proposed to be rear-loaded and accessed by a one-way alley. Dwellings will be located on one of four lot types identified as either"Extra-Large Single-Family," "Large Single-Family," "Medium Single-Family,"or"Cottage." In addition, up to 16 garage apartments are planned as accessory units. Below is the proposed break down of dwelling types. Lot Type Minimum Lot Size Number of Lots (Square Feet) Extra-Large Single-Family 8 Large Single-Family 8 3,400 Medium Single-Family 45 Cottage 12 *Up to 16 Garage Apartments are also requested to be located throughout the community. • Five open space areas are depicted on the plan that will be throughout the community and available for use by the residents as private parks. • Two City-owned parcels that once served as a railroad right-of-way bisect the property. Recently,the City received federal funding to construct a 12-foot wide multi-purpose path along the former railroad bed to connect the Foxfire neighborhood to the Municipal Center.As part of the overall project,the applicant intends to purchase approximately one acre of land from the City,which cannot be counted towards residential density as it is encumbered with a large Dominion Virginia Power easement. Per City Ordinance, property within easements wider than 20 feet cannot be counted towards residential density. As part of the purchase agreement,along with a cash payment,the applicant will construct a portion of the publicly accessible multi-purpose path within the development with a connection at the Princess Anne Road and North Landing intersection. The applicant will also dedicate one acre of land along the property's southwestern property line for an additional trail head to be developed in the City-owned parking lot near the entrance to the Historic Buffington House. Sale of the aforementioned property is subject to the City Council's approval and will be considered under separate cover. • While the overall acreage of the project is 55.57 acres,as mentioned above and per the requirements of the City Code,the land within the utility easement and land within City-defined wetlands cannot be counted towards residential density. Based on the presence of City-defined wetlands,and two large (66-foot wide and 50-foot wide) Dominion Power easements,only 36.27 acres of land in considered density eligible. As a result,the density of 2.45 units per acre is based on 89 residential units proposed on 36.27 acres rather than to total area of 55.57 acres. • The northwestern portion of the site,where most of the development is proposed, is located with the Courthouse Historic and Cultural Overlay District. As such,the applicant appeared before the Historical Review Board and Princess Anne Village, LLC Agenda Item 6 Page 2 received a Certificate of Appropriateness to demolish the four existing single-family dwellings on the site and approval of the architectural style and exterior building materials of the proposed dwellings. A copy of both the Certificates of Appropriateness is included on pages 29-32 of this Staff report. • Consistent with the Transition Area Design Guidelines,the proposed house styles reflect the vernacular Tidewater and rural architecture.The proffered Development Criteria indicate four proposed "home styles"that include "Colonial," "Farm House," "Victorian,"and "Craftsman."All exteriors will feature fiber cement and brick. Each dwelling will have a front porch with varied rooflines. • The proposal was presented to the Transition Area/Interfacility Traffic Area Citizen's Advisory Committee(TA/ITA) on May 22, 2018. The applicant opted not to reattend the TA/ITA meeting to present the latest concept plans for this development.While the proposed density is higher than the recommended density of one unit per acre, it is comparable to the density in the surrounding area and appropriate at this location next the City Municipal Center. of the request. • This site is located within the 65-70 dB DNL noise zone,Sub-area 2. On May 22,2018,the applicant met with the Joint Review Process(JRP)Group to discuss the proposed project. The Zoning Ordinance states that applications for rezonings for residential uses may be approved if they are at a density that is similar to or lower than that of surrounding properties,and conform to the applicable provisions of the Comprehensive Plan. Upon review of the current proposal,the JRP Group determined that the subject request conforms to both of these standards and does not object to this request. While the project parameters have slightly changed from 2018 to include an additional parcel and the overall density has increased from 1.95 to 2.45 units per acre,the proposed density remains similar to the density of the surrounding area. • A Phase I Environmental Site Assessment was submitted with the application. The assessment states that there are five potential environmental concerns associated with the site that include previous dumping of solid waste, potential for groundwater contamination from previous activities (automotive repair and fueling station, and dry cleaners)on or around the site, possible underground heating oil storage tanks,above ground storage tanks,and potential for the presence of asbestos in the existing residential structures. As stated in the Phase I report,these concerns do not rise to the level of recognized environmental concerns. To rectify any potential issues,the report recommends that the dumped waste on the site(tires,construction debris, plumbing fixtures,etc.) be disposed of properly. • There is an existing easement for the communication tower equipment that will need to be reestablished to avoid potential conflicts once the property is developed. Princess Anne Village, LLC Agenda Item 6 Page 3 Zoning History # Request 1 CUP(Specialty Shop)Approved 09/07/2016 CRZ(B-1 to Conditional B-2)Approved 06/11/1996 •��% >� • +yt•�"���aTio CRZ(AG-1 to Conditional B-1)Approved 01/28/1992 �� r.�` $�'' e / 1 ". ;, REZ(AG-2 to B-1)Approved 01/09/1986 i � f��) l:' -' Y ;4 �'v 2 CRZ(O-1 to Conditional B-1)Approved 11/18/2014 t CRZ(0-2&AG-2 to Conditional R-5S)Approved ; 7. i �: 02/11/2014 g"d ` p,• n CRZ(AG-1&AG-2 to Conditional 0-2)Approved v ,, '��� 04/08/2008 "' ' ',A..��1 CRZ(AG-2 to Conditional 0-1)Approved 10/10/2006 .1. p; , ��,� /� `/ CUP(Daycare Facility)Approved 07/03/2001 (:"..-1'414,4t .%/�j Y tY PP y 'j� CUP(Religious Use)Approved 09/09/1997 k • L� • ' ; � ' i7jj 3 SVR Approved 08/27/2013 47• '/ RZ B 1 B 2&AG-2 to Conditional B 2)Approved ( Y, •f Q C 12/09/2003 '; : CUP(Communication Tower)Approved 07/09/1996 •,.., REZ(AG-2 to B-1)Approved 01/09/1986 ;.2� REZ(AG 2 to B 1)Approved 01/25/1982 4 CRZ(AG-2 to PD-H2(R-7.5))Approved 07/02/2013 5 CRZ(AG-1&2 to R-10)Approved 10/23/2001 6 CUP(Group Home)Approved 05/24/1994 7 REZ(AG-2 to 0-1)Approved 10/21/1985 Application Types CUP—Conditional Use Permit MODC—Modification of Conditions STC—Street Closure SVR—Subdivision Variance REZ—Rezoning MODP—Modification of Proffers FVR—Floodplain Variance LUP—Land Use Plan CRZ—Conditional Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental Evaluation & Recommendation The subject site is located within multiple planning areas,one of which is the Transition Area.This is an expansive area, with a wide variation in the type and character of the land uses within it.That variation is the result of over 20 years of evolution in the Comprehensive Plan land use and development policy recommendations for the Transition Area that have come with each periodic update of the Plan (1991, 1997, 2003,2009 and 2016),and Plan amendments.The proposed neo-tradition residential community met the recommendations of the Comprehensive Plan by providing a variety of dwelling styles that are compatible with the surrounding area and consistent with the Historical Area,and open space amenities that connect to public trails. One of the most significant amendments to the Plan was the adoption of the"Interfacility Traffic Area and Vicinity Master Plan(ITA Plan)," in 2011 and a subsequent update in 2017,which now provides land use and development recommendations for what was the western portion of the Transition Area as designated in previous Comprehensive Plans.The policies for the ITA,which is also designated by the Comprehensive Plan as 'Special Economic Growth Area 4— Princess Anne,' recognize "the land development constraints and economic opportunities associated with this area's location within a military aircraft overfly zone." Based on these constraints and opportunities,the Comprehensive Plan notes the following regarding development within and in the vicinity of the ITA: "More specifically, the ITA vision prioritizes strengthening development nodes along the Princess Anne Corridor. In areas where residential uses fall outside of restricted AICUZ zones, vibrant mixed-use districts are envisioned where people can live, work, and recreate within walking distance to services and gathering spaces." Princess Anne Village, LLC Agenda Item 6 Page 4 Two such nodes, referred to as "Initiative Areas" in the ITA Plan,are the Historic Princess Anne Center,of which a portion of the site is located within,and the Municipal Center,which is in immediate proximity to the site.One of the key recommendations of the ITA Plan for the Municipal Center is the need to introduce a mix of residential units into the district to enliven the complex around the clock and to create a consistent pedestrian network.This recommendation is reinforced by the fact that the majority of the Municipal Center area is outside of the Air Installations Compatible Use Zones(AICUZ)districts where residential uses are not compatible.The ITA plan calls for multi-family residential within the core of the Municipal Center along George Mason Drive. Consistent with that recommendation, in July 2013,the City Council approved a zoning change for 11 single-family dwellings on 3.69 acres (2.98 units per acre)at the northeast corner of Princess Anne Road and Holland Road. In July 2011,the City Council approved a zoning change for a single- family condominium residential development on a 9.98-acre parcel on North Landing Road,situated behind the existing buildings along the south side of George Mason Drive.That development, the Courthouse Green neighborhood,consists of 38 single-family dwellings (3.8 units per acre),and includes two open space areas that are strategically located to preserve mature specimen trees. In addition,West Neck Commons was approved with a density of 2.2 units per acre with 49%of the site being set aside for open space. While the Transition Area Guidelines recommend a maximum density of up to and no more than one dwelling unit per acre,the policies of the ITA Plan, as described in a previous paragraph, encourage a greater density for the purpose of increasing housing choices in close proximity to the Municipal Center,where infrastructure is available and the AICUZ allows such development.The applicant's development proposal, as well as the Courthouse Greens and West Neck Commons developments, may demonstrate that there are locations within the Transition Area where strict adherence to the result of the Transition Area Matrix may be counter to other policy recommendations for specific areas within the Transition Area. The applicant's proposal to develop the site with a residential density of 2.45 units per acre and 56.21%of the site set aside for open space is consistent with other residential developments in the immediate area that have been approved in recent years and meets the goals of the ITA Plan as discussed above.The exhibit on page 21 of this report depict a linear park along Princess Anne Road and interior parks throughout the development for a total of approximately 6.27 acres. While not proffered,approximately 24.97 acres will be designated as conservation area on the southwestern part of the development and an additional 46.48 acres will be added as conservation area to meet stormwater requirements in a future application. In addition,the applicant's efforts to swap property with the City will result in two connection points for a publicly accessible pedestrian trail that will connect the Foxfire neighborhood to the Municipal Center and beyond.The land swap area is referenced on page 23 of this report and will occur after the rezoning. The applicant appeared before the Historical Review Board (HRB)on July 18, 2018 and August 18,2021 and was issued Certificates of Appropriateness that permitted the demolition of the existing structures and approval of the Colonial, Farm House,and Craftsman architectural styles and exterior building materials for the proposed development.The additional Victorian housing style will need to be presented to the HRB for review and approval prior to any issuance of building permits for those dwellings.The applicant is aware of this requirement and has indicated a willingness to pursue this approval in the coming weeks. The proffered plan depicts the installation of a left-turn lane into the development going westbound at the intersection of Princess Anne Road and North Landing Road. Final review of the roadway will be completed at site plan review. In addition,Traffic Engineering has indicated that an intersection analysis at North Landing Road and Princess Anne Road will be required to determine the ultimate lane arrangements, signal modifications and signal phasing for traffic signal. The developer will be responsible for any modification of the existing signal and construction of new signal equipment for traffic entering and exiting the development.The applicant is aware of these requirements and potential modifications to the right-of-way, including infrastructure. The proposed design for internal streets of this community includes alleys,tree-lined narrow pavement widths,one and two-sided on-street parking, and associated unique amenities (i.e.,signage, lighting, paths). According to Department of Public Utilities Staff,the quaint but reduced roadway widths impact the ease and ability to operate, inspect, maintain, Princess Anne Village, LLC Agenda Item 6 Page 5 and repair or replace assets such as underground piping,valves,and manholes. The impacts of this design are compounded by the need to locate other utilities such as stormwater, power, natural gas, and telecommunications in the same spaces. Variances to these standards may be required and will be reviewed at site plan submittal. The proposed stormwater plan depicts a stormwater detention pond located in the rear of the development to handle stormwater quantity requirements. The applicant proposes to manage stormwater quality requirements by placing a conservation easement on 71 acres, including the nearby 46.48-acre parcel across West Neck Creek.This parcel is not part of this rezoning application and will require future consideration to ultimately include this parcel as part of the proposed development. Staff agrees that the proposed conceptual stormwater management strategy has the potential to successfully comply with the stormwater requirements. Final design and detailed updates will be made during site plan submittal to ensure conformance with all requirements set forth in the Public Works Design Standards Manual. A large portion of the property is located in a Federal Emergency Management Agency(FEMA)Special Flood Hazard Area.The applicant has obtained a Letter of Map Amendment(LOMA) FEMA that officially adjusted the areas located within the Special Flood Hazard Area to remove portions of the property where ground elevations are above the designated Base Flood Elevation. Additionally,due to the location in the southern part of the city,which is characterized by low-lying topography and poorly draining soils,the Special Flood Hazard Area is also designated as the Floodplain Subject to Special Restrictions.The Floodplain Ordinance (Appendix K, City Code) limits the amount of fill allowed for development, requires fill to be mitigated,and prohibits the placement of new residential structures on new lots in the Floodplain Subject to Special Restrictions.The applicant has located the proposed lots and residential structures outside of the Floodplain Subject to Special Restrictions in compliance with the Ordinance requirements. Further review of the proposed fill and mitigation areas will be required during Site Plan review. In sum,Staff recommends approval of the rezoning application.The majority of the components of the Transition Area Design Guidelines appear to be met.This includes recommendations related to streetscaping elements,open space area, pedestrian connectivity,and the proposed house styles reflect the vernacular tidewater and rural architecture. 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 lot dimensions, setbacks, height and other development criteria set forth in the City Zoning Ordinance shall be as set out in the attached exhibit entitled Princess Anne Village Residential Development Criteria dated August 25, 2021 (the "Development Criteria"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. The Development Criteria shall be in lieu of all corresponding criteria in the Virginia Beach Zoning Ordinance applicable to the R-10 zoning district. Proffer 2: When developed, the project shall be developed in substantial conformity with the conceptual site plan consisting of 3 pages entitled "Conceptual Site Plan with Context", "Conceptual Site Plan" and "Program and Parking" dated May 28th, 2021, (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. Princess Anne Village, LLC Agenda Item 6 Page 6 Proffer 3: When developed,the number of single family residential homes located on the Property shall not exceed a total of 73 homes and 16 Garage Apartments. Proffer 4: Residential structures constructed on the Property shall be in substantial conformity with the conceptual architectural renderings consisting of 2 pages entitled Home Styles, Princess Anne Village, "Elevations", 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 which have been approved by the Virginia Beach Historical Review Board on July 18, 2018. Proffer 5: When developed, access to the Property from North Landing Road shall be landscaped and contain a monument-styled free standing sign substantially as shown on exhibit entitled "Monument Sign",a copy of which has been exhibited to the Virginia Beach City Council and is on file unless modified by the Virginia Beach Historical Review Board with the Virginia Beach Department of Planning. Proffer 6: When developed the entrance open space areas shall be in substantial conformity with the elevation entitled "Entrance Way" dated June 4, 2021,a copy of which has been exhibited a copy of which has been exhibited to the Virginia Beach City Council and is on file unless modified by the Virginia Beach Historical Review Board with the Virginia Beach Department of Planning. Proffer 7: When developed,there should be a pedestrian trail system on the Property and that will connect to the adjacent City trail system as shown on the concept plan. Proffer 8: When developed, a linear open space area along Princess Anne road within the residential zones will be subdivided as shown on the elevation site plan entitled "Linear Open Space",dated June 4th, 2021, a copy of which has been exhibited to the Virginia Beach City Council and is on file unless modified by the Virginia Beach Historical Review Board with the Virginia Beach Department of Planning. Proffer 9: When developed,the Applicant will construct turn lanes at the vehicular entrance to Princess Anne Village substantially as shown on the Concept Plan. Proffer 10: When developed,the street widths,curb heights,centerline radii, rear lane, rear alley street signage and trail widths shall be developed in substantial conformity with the.a3-page exhibit entitled "Thoroughfare Types"dated May 28th, 2021,a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. Proffers Relating to the Conditional B-2 Portion of Princess Anne Village: Proffer 11: Vehicular access to the portion of the Property zoned Conditional B-2 shall be from the road system within Princess Anne Village and not directly from the North Landing Road. Proffer 12: When developed, only the following uses shall be permitted on the Property zoned Conditional B-2: Restaurants with no drive-through,office,and retail. Princess Anne Village, LLC Agenda Item 6 Page 7 Proffer 13: The height of any principal structure on the Property zoned Conditional B-2 shall not exceed 45 feet. The exterior design and building materials shall be complimentary to the building materials and architectural designs of the homes in Princess Anne Village and shall be subject to approval by the Virginia Beach Historic Review Board. Proffer 14: Any freestanding sign on the portion of the Property zoned Conditional B-2 shall be a monument style sign,externally lit, and shall not exceed 8 feet in height. The final design and building materials of any freestanding sign shall be subject to approval of the Virginia Beach Historic Board. Proffer 15: Further conditions lawfully imposed by applicable development ordinances may be required by Grantee during detailed site plan and/or subdivision review and administration of applicable City Codes by all relevant City agencies and departments to meet all applicable City Code requirements. Proffer 16: All references hereinabove to zoning districts and to applicable regulations refer to the Zoning Ordinance of the City of Virginia Beach, in force as of the date the conditional zoning amendment is approved by Grantee. Staff Comments:Staff has reviewed the Proffers listed above and finds them acceptable. The City Attorney's Office has reviewed the agreement and found it to be legally sufficient and in acceptable legal form. Comprehensive Plan Recommendations The Comprehensive Plan identifies this site as being located within multiple"districts." The Interfacility Traffic Area and Vicinity Master Plan (ITA Plan),which is adopted by the Comprehensive Plan, identifies the site as being located in the Historic Princess Anne Center. The ITA Plan calls for"lining of streets and spaces with low-rise mixed-use buildings of two and three stories,"within the Historic Princess Anne Center. It also calls for attention on appropriate streetscaping elements including street lamps, planters and benches and emphasis on developing architecture consistent with areas such as Williamsburg. The property also borders the Municipal Center district as identified by the ITA Plan which recommends as an area with planned land uses, both public and private,and,where appropriate, may include residential,office, retail,service, hotel and institutional uses. It calls for the introduction of a mix of residential units into the district to enliven the complex around the clock. Finally,the site is also located at the extreme edge of the Transition Area which calls for uses in this area should be limited to low-impact, low-density residential, low-intensity non-residential,open space and recreation,and agricultural, including row-crop farming and equestrian uses. For residential development,a maximum average of up to and no more than one unit per developable acre can be earned through demonstrated conformance with the Transition Area Design Guidelines. Minimum lot sizes of 15,000 square feet are preferred; however, lot sizes of less than 15,000 square feet are appropriate if additional active open space location recommendations as set forth in the Transition Area Design Guidelines are incorporated into the site design. The Plan calls for open space areas to be deliberately included and designed as a site amenity in all development. Open space should comprise a minimum of 50 percent of the developable area for residential development and 30 percent for non-residential development and should provide a balance of both"active"and "passive"open space areas. Natural & Cultural Resources Impacts The site is located in the Southern Rivers Watershed. Drainage in the Southern Rivers watershed is highly impacted by the presence of high ground water, poorly draining soils,and high water surface elevations in downstream receiving Princess Anne Village, LLC Agenda Item 6 Page 8 waters.A majority of the site is impacted by the Floodplain Subject to Special Restrictions (FSSR).The applicant has obtained a Letter of Map Amendment(LOMA)from the Federal Emergency Management Agency that officially adjusted the areas located within the Floodplain Subject to Special Restrictions. In addition,a large portion of the site includes both City defined and United States Army Corps of Engineers defined wetlands. Likewise,the Southern River Buffer Area also exists within the southwestern portion of the site. No development is proposed in any of the southwestern areas. The site is located within the Courthouse Historic and Cultural Overlay District. All projects proposed within the District must respect the heritage and reinforce the integrity of the district's historic character.The scale, placement, massing and proportion of buildings,additions and architectural details should be designed in a way that is consistent with the historic character of the district. New development should employ high quality site and building designs that complement the classic Neo-Georgian architecture of the Municipal Center. Stormwater Impacts Project Stormwater Design Staff Summary The project site consists of a 27.9-acre residential development located on approximately 99.9 acres of land along the south side of Princess Anne Road between Princess Anne Road and Holland Road. The proposed development is designed to drain into a proposed onsite stormwater management facility(SWMF) before discharging into West Neck Creek.The proposed SWMF will treat water quantity for the site and will consist of a wet pond that will collect runoff from the subdivision development before discharging into the floodplain. Offsite drainage from both the Holland Road/Princess Anne Road intersection and the Princess Anne Road/North Landing Road intersection currently drains through the site. Drainage from the Holland Road/Princess Anne Road intersection will be collected through stormwater piping through the site and into an outfall ditch that will flow into the existing floodplain. Drainage from the Princess Anne Road/North Landing Road intersection currently drains through a city maintained conveyance system consisting of large diameter storm sewer pipes and a well established outfall channel.The existing storm piping that runs through the proposed development will be replaced with a box culvert and will continue to discharge into the existing drainage channel. Portions of the site are located within the FEMA Special Flood Hazard Area (flood zone AE)and Floodplains Subject to Special Restrictions.The applicant has provided an exhibit to demonstrate a potential floodplain mitigation plan,and the final construction plan will need to demonstrate compliance with all criteria in the floodplain ordinance. The provided preliminary stormwater management design demonstrates conveyance of the runoff from the proposed development for storms up to and including the 100-year event plus 1.5'of sea-level rise(SLR). The City's Stormwater Master Drainage Model was used in the Preliminary Stormwater Analysis and included an offsite analysis to demonstrate that the development has a viable strategy to prevent negative impacts or increased flooding levels on the existing stormwater system upstream or downstream. Based on the information provided by Kimley Horn and Kellam Gerwitz in the Preliminary Stormwater Analysis,the DSC agrees that the proposed conceptual stormwater management strategy has the potential to successfully comply with the stormwater requirements. Final design and detailed updates will be made during site plan submittal to ensure conformance with all requirements set forth in the Public Works Design Standards Manual. More detailed project stormwater information is listed below. Project Information Total project area:99.88 Acres (Includes 46.4 acre Offsite Forest/Open Space Conservation Area) Pre-Development impervious area: 6.4 Acres Post-Development impervious area:9.75 Acres Princess Anne Village, LLC Agenda Item 6 Page 9 Does the analysis utilize the City of Virginia Beach Master Drainage Model: Yes Does the analysis incorporate into design increased rainfall amounts(NOAA plus 20%)and account for 1.5'SLR: Yes Stormwater Management Facility Design Information Type of facility proposed: Wet Pond (quantity only) Total storage volume provided in proposed stormwater management facility: 204,300 cf. (between normal water elevation and top of bank elevation) Description of outfall: There will be three (3)stormwater outfall locations leaving the site. The primary outfall that will convey runoff from a majority of the subdivision will be conveyed into the proposed wet pond and will discharge directly into the floodplain through a controlled outlet. The other two stormwater outfalls will collect offsite drainage from the Holland Road/Princess Anne Road intersection to the east and from the Princess Anne Road/North Landing Road intersection to the west of the site. All three discharge points will discharge into West Neck Creek. Downstream conveyance path: Drainage from West Neck Creek is part of the Upper West Neck Creek drainage basin which ultimately drains into the North Landing River. The North Landing River drains through the Currituck Sound and ultimately out into the Atlantic Ocean. Stormwater Quality Compliance Design Information Pounds of phosphorus removal per year(Ib/yr) required: Water Quality compliance met by retaining conserved forested open space. Method of treatment proposed:Approximately 70 acres of existing forested areas within the project limits will be conserved as forest open space with protective covenants and restrictions. Stormwater Quantity Compliance Design Information Channel protection: Energy Balance will be met at the primary outfall discharge from the proposed wet pond. The provided stormwater model demonstrates non-erosive velocities of stormwater discharge for the conveyance systems collecting offsite drainage through the site. Flood protection:Attenuation of peak flow rates with no increase in flooding for 10-year storm in all evaluated stormwater structures upstream and downstream. 100-Year storm evaluation: Stormwater modeling demonstrates project meets requirement of no increase in flooding for 100-year storm in all evaluated structures upstream and downstream. Sea-Level Rise: Project evaluated, and stormwater modeling demonstrates proposed buildings will not be impacted by stormwater during 100-year (including 1.5' SLR)storm event. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Princess Anne Road 6,600 ADTla 12,500 ADT 1(LOS 4"D„ Existing Land Use 2—40 ADT 13,700 ADT1b Proposed Land Use 3—1,367 ADT la Average Daily Trips(James 2 as defined by four single-family 3 as defined by 73 single-family 4 LOS=Level of Service Madison to Princess Anne Road) dwellings dwellings and 16 garage apartment lb Average Daily Trips(Princess units and a 5,000 square foot Anne Road to Holland Road) restaurant Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Princess Anne Road is a two-lane undivided minor arterial roadway.There are no roadway CIP projects slated for this portion of the roadway. Princess Anne Village, LLC Agenda Item 6 Page 10 Public Utility Impacts Water There is an existing 16-inch City water main along Princess Anne Road and North Landing Road. Each lot in this subdivision shall be provided with water from the public water system so that it is served with an exclusive water tap and meter. Sewer There is an existing eight-inch city sanitary sewer gravity main along Princess Anne Road and North Landing Road that terminates at Holland Road,a six-inch city sanitary sewer force main fronting the property on Princess Anne Road,and a six-inch city sanitary sewer vacuum main along Princess Anne Road east of Holland Road.This vacuum main currently may not have capacity to support additional connections. Each lot in this subdivision shall be connected to the public sanitary sewerage system.Construction of a new public sanitary sewer pump station may be required to serve this development. Final review of the sanitary sewer system will be completed at site plan review.This proposed subdivision lies within the service area for Sanitary Sewer Pump Station#614. It is not yet clear to Staff how water and sewer service will be provided to all lots of the subdivision since the alleyways used to access some lots are not of sufficient width for maintenance of public mains. Extension of public water and sewer mains through easements is undesirable and is approved only through a variance to Public Utilities standards. School Impacts School Current Enrollment Capacity Generation 1 Change 2 Princess Anne Elementary 635 students 734 students 20 students 17 students Princess Anne Middle 1,335 students 1,363 students 12 students 11 students Kellam High 1,893 students 2,093 students 16 students 15 students "Generation"represents the number of students that the development will add to the school. z"change"represents the difference between the number of potential or actual students generated under the existing zoning and the number generated under the proposed zoning. The number can be positive(additional students)or negative(fewer students). Public Outreach Information Planning Commission • Two letters of opposition have been received by Staff noting concerns related to flooding,density, removal of natural vegetations, and narrow width of North Landing Road and Princess Anne Road. • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on November 8, 2021. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, November 21, 2021 and November 28,2021. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on November 22, 2021. • This Staff report,as well as all reports for this Planning Commission's meeting,was posted on the Commission's webpage of www.vbgov.com/pc on December 2,2021. Princess Anne Village, LLC Agenda Item 6 Page 11 City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,January 2,2022 and January 9,2022. • As required by City Code,the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on January 3, 2022 • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on January 14,2022. Princess Anne Village, LLC Agenda Item 6 Page 12 v CD 0 - - - 3 Princess Anne Village Residential Development Criteria cps AUGUST 25, 2021 1. Density: When developed,the number of single family residential homes located on the Property shall not exceed a total of 73 homes and 16 Garage Apartments 2. Minimum lot 3,400 square feet area in square feet: 3. Minimum lot area 3,400 square feet outside of water marsh,or wetlands: 4. Minimum lot width 35' in feet: 5. Minimum front yard 8'Front yards within Princess Anne Village shall be where the front façade of the setback in feet: home is facing rather than the alley. 6. Minimum front yard 8'Front yards within Princess Anne Village shall be where the front facade of the setback when adjacent home is facing rather than the alley to a 40-foot right-of-way created in accordance with section 4.1(m)of the subdivision ordinance in feet: 7. Except as provided in 5' subdivision(6.1), minimum side yard setback except when n adjacent to a street in feet: D ea m L — ra G Q d Q) I• "r CD r � W a) v CD CD 0 - 3 rD z rt.in feet: 8. Minimum side yard set- 5' CD back for accessory �_ structures no larger than 150 square feet in area and with an eave height no greater than 8 feet except when adjacent to a street or for a garage apartment as an accessory structure: 9. Minimum side yard 6' setback adjacent to a street in feet: 10. Minimum side yard 6' setback when adjacent to a 40-foot right-of-way created in accordance with section 4.1(m)of the subdivision ordinance in feet: 11. Minimum rear yard 3'The rear yard shall be the portion of the lot opposite the front yard. setback except for accessory structures in feet: 12. Except as provided in 3' The rear yard shall be the portion of the lot opposite the front yard. subdivision(10.1), minimum rear yard set- back for accessory structures in feet: 13. Minimum rear yard set- 3' The rear yard shall be the portion of the lot opposite the front yard. ao CDro — — — a w 0) fl, — ao crg m �o r 1 01 rl v rD CD 0 3 rD back for accessory structures no larger than 150 square feet in area rD rD and with an eave height no greater than 8 feet except when adjacent to a street for a garage apartment as an accessory structure: 14. Minimum setback on 3' through lots for accessory structures that are physically located to the rear of the principal structure in feet: 15. Maximum lot coverage in 60% percent: 16. Maximum total of building 800 square feet—no separate power or gas meters shall be permitted for the garage floor area for garage apartments apartments 17. Maximum building height: 45' 18. Mechanical equipment, 3' generators and chimneys setback in side and rear yards: 19. Parking should be required for all uses and structures. Parking within a garage or an enclosed or covered space shall be counted toward meeting off-street parking requirements for dwelling units. One additional onsite parking space shall be provided for any garage apartment. v 5 ro 0, z z w CD ft. Q v v d — CIO rD 3 r N r Lo am r'1 Proposed Conceptual Site Layout 1 .vL ,,, ` '''S• li '4 . ' I �'� t'� � H/Jt 1 f1tt . / ? f t rT a f f' l ( i q °yr It O. .,l e4 ‘ U t` l 1 , k J ! 11i O= ;a IL.,.......... :- \Iii ` / f i' iL". ' - •,-,-;-.),,,,.e. ii410,. i' -L., I:1c, -11,.. * _. N-; ...- ":;',,..:,, r',`-'-''''i' ' 1 -i, , ,,t , `"Y - • 4 Y ;.\ -- s ; -- -ram R""d 1l _ -K _ k �,a.«..��,� • __ 1___L.J.._._L._ € \b ._..—_ _ J - Princess Anne Village, LLC Agenda Item 6 Page 16 Proposed Parking Layout U 4 +. Z 0 O s� 1tu /Iwo 1/ / t -my•.�..' .y F i C si ' \' ..S;J - J t r r ' .-: ) ad 4/ \ a f ill I 1 i s v--- f .Y 1,.?I: Cit: :_ Yi illit j .1 k:.A1 1 \ ,: m a `� i 1 B , I I� '' ii IA\ ' '\.'"---___-_________=. -. i.' ,t ti .,; ✓ s i� _ --� - E j = ram - c # -1. --.— _.- _ z y C 7. _ a _ 2 Princess Anne Village, LLC Agenda Item 6 Page 17 Proposed Thoroughfare Types f .2 24,41i- 1 4 V 4 4 e - et Iti t ... 11 A -_ — ' „, 7' .=- E. , = 4 - ": E ' ' s• -.; "I E .4' 4 .........-.....-1- t to — -r - - -. 1 -' -' ..t:i .3ti .; .! fi I 7 •,.., .ci I — ..; ; 1 _____t_ e_irr, -r .,r. .-t-7- -• 1 E = i - :.. ' i 1 -, 5 -- . — .t ; es .; - t.; .. ,. : 4 — f '" - E .E 1 , — r e i: • _ . I r- E A c Princess Anne Village, LLC Agenda Item 6 Page 18 Proposed Thoroughfare Types r.- .... i k .:: _ • ilt : • •1110144) I ..•,.- , _ , 1 ' 1 - , : k :16. if , k ! ; 4 = _ I. `. ..! i ' P ::: •!-I . : = 1 ; ./-41 1 .P 4"" ''''Y. : 1 , I 1 E i. ; - : , : : - 3-. . -: i I E - , f . -1 ' " I e i CD S 2 0 g . , 4441 -= = t - = E r ; 5 I :s ! 1 ! i 1 ... „. • III ,, , , zzzzz , '': I ... -1 t il 4 oi : ; i= k 2 Princess Anne Village, LLC Agenda Item 6 Page 19 Proposed Thoroughfare Types / � �3, P Q Qcc`1 ` U y. N k / ee 'I` 1 Etrla: • .•`i E - a c. 1 1 ` O :IL E.4 co lb: 1• t ®i® I I: 1 s % ® � 11 = 1 L - — -. ---1-- 1 �- \ O l F- ;. a 4 H • z4 �LI' L.--® 'c 1 `,\ I_`�..J i(,I _ i C 1 aI, ��G � r \ \'. ' i. P: .)i ii I i \ a ,/ N 0 / 00 �_ _ _ _ — To I' el CA • a • I 'C Pine° pc4occs` - --- Princess Anne Village, LLC Agenda Item 6 Page 20 Proposed Park & Open Space Exhibit —‘ fii �\ y \ \1 \ \ \ Prince»Anne Rd. 0 tT.-- 1 .---- -- r--1 NIS \, :"‘- I'°"\s, � � /1111"�II ►��� I illa, ( , ,,,,,,,4, ii lid 110'4 i 1 _-„ail _ , 1 1 _ i• J F 1 I 11,/ GRAPHIC SCALE 125 0 125 250 500 81 OF]'O11.ROI WPM ACREAGE 0 RIMS ARIE 1.72 AGES FEET OREENEPACE 1 INCH= 250FEET OZ EM1PWA aa7 AGES MC Ol mom 137 MRCS PARK Q RTRNIOI 1.28 AGES PARK Q IMIEISOR 0.53 ACRES PARK Cp1YRVA1101 30.48 AOIES WA PRINCESS ANNE VILLAGE PARK& OPEN SPACE EXHIBITPROJECT#V14013 'ELLAM L_ ►,- I I J ERWITZ C VOLVCkNING-SURVEYING-PLANNING IooaNIn u*ne-Ium:*u.vmwN'xv.sw (79,1411r21.1,1eR++)10.1r Princess Anne Village, LLC Agenda Item 6 Page 21 Proposed Conservation Area Exhibit CONSERVATION AREA DISPLAY SCALE: 1' - 800' 4 ,y 214. 0 ,,off r$ •. RO r�a� pip i��jl 4.7i.,i.1!D . /%i��.1 I•IV. .0i ,. � �s .f � II:J D al III', 214,053 50. Fr. -. .,. s` t,r,1%/27.871 ACRES "I--►�� '\tiI///i ,'�•� < ‘,/\ "••,,,,, AREA (ONSITE) I I .087.522 SO. FT. I ``. 4.• •7 ACRES I ` , / / , •''' \ 1\ \ \\i \ES i / PROJECT #V14013 T ELLAM ---) It----, I---- V I ERWITZ ENGINEERING-SURVEYING-PLANNING 500 CENTRAL DRIVE-SUITE 113-VIRGINIA BEACH.VA 23134 (757)340-011211-PAX(757)310-1003 Princess Anne Village, LLC Agenda Item 6 Page 22 TI C e-t. C (D G1 7 i L EXHIBIT A - LOCATION MAP ` I (For Information Purposes Only.This Does Not I - Constitute a Subdivision of the Properties.) Parcel 4A m X GPIN: 1494-92-7384 3 (Approx. 33,052 sq.ft) S ` rr Residual Parcel 4R a Portion of GPIN: 2403-29-3752 • (Approx. 10,088 sq.ft.) 1 • t. 4I J Portion of GPIN:2404-01-2707 I (Approx.43,489 sq.ft.) __ - _ / PARCEL ONE= and u `--- (To be conveyed to Buyer) -v 5 m PARCEL TWO= `^ (To be conveyed to City) v, D > CM ro � eL - -o a) a a — a4 a4 r 11) r- ho W Ql n Proposed Home Styles . . ,..._ / ,i 1 f •(--- ,, -- ,--; • W t , ' Ilt = 0 = r..,.. 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Princess Anne Village, LLC Agenda Item 6 Page 30 Certificate of Appropriateness - 2021 fr2 'AVL)U City of Virgiriia 13c�ac.-11«.y; e �t,?IQ1IiT MIMCi4 GEN% DEPARTMENT OF PLANNING&COMlUNfV DEVELOPMENT 6ElCK HISTORICAL REVIEW BOARD 2.0,0,C1+arsL ORM. NMAA B[A:f.W 23.61140 September 27,2021 R.J.Nutter Troutman Sanders 222 Central Park Avenue,Suite 2000 Virginia Beach,VA 23462 RE: Certificate of Appropriateness Application#21-16-Princess Anne Village,LLC Demolition 2381 Princess Anne Road-GPIN 24040300560000 Dear Mr.Nutter: On August 18,2021,the Historical Review Board issued a Certificate of Appropriateness(COA) for the demolition of a house and garage at 2381 Princess Anne Road. The COA allows for the demolition or relocation of these buildings. Issuance of the Certificate of Appropriateness by the Historical Review Board does not imply approval of any applicable City ordinances or discretionary approvals. Please attach this letter to any applicable permit applications or Development Services Center submissions. if you need further assistance,please contact me at 385-8573 or by email at mreecha% wog.con;. Sincerely, Mark Reed Historic Preservation Planner MAR/ Princess Anne Village, LLC Agenda Item 6 Page 31 Certificate of Appropriateness - 2018 ... (0,41Ag hCy .,.. toy') City of Virginia Beach .v..:. -_ ,-.. . adf' v°:OUR N►n 'l �``..-`ice N'Bon.cur l 104.10.9d CEMIEP DEPARTMENT OF PLANNING 8 COMMUNI I V DE VELOPMFNT (MOM l HISTORICAL REVIEW BOARD I�GOM'KVSC OK NNW.KA>,..w1J4a#(0 July 27,2018 R.J.Nutter Troutman Sanders 222 Central Park Avenue,Suite 2000 Virginia Beach,VA 23462 RE: General Certificate of Appropriateness Application#18-7- Princess Anne Village- Demolition& New Development—2369, 2373, 2375, &2385 Princess Anne Road & 2393, 2403, 2413& North Landing Road - GPINs 2404024848, 2404036378, 2404035242, 2404023254,2404012707, 1494928455, 1494926240, 1494927384& 2403293752 Dear Mr. Nutter: On July 18, 2018,the Historical Review Board issued a Certificate of Appropriateness for the demolition of houses and garage structures at 2369, 2373&2385 Princess Anne Road. The Board issued a Certificate of Appropriateness for a black traffic sign pole, as depicted on the attached detail entitled, "Proposed Traffic Sign Pole" The Board issued a General Certificate of Appropriateness for the construction of Colonial, Farm House and Craftsman style houses with the following General Guidelines& Materials, and as depicted on the attachments: General Guidelines 1. All houses shall be designed consistent with one of these architectural styles: Colonial Revival, Farm House,and Craftsman. 2. The proportions of openings, roof lines, details, stairs, rails, porches, bays, metal work, cornices, and other elements shall reflect and compliment these architectural styles. 3. Houses shall be a mix of one to two-and-a-half story homes. 4. All houses shall be built on a crawl space. Princess Anne Village, LLC Agenda Item 6 Page 32 Certificate of Appropriateness - 2018 Princess Anne Village-Page 2 of 3 5. Garages may be attached or detached for not more than three cars. Garages shall be side or back loading. Detached garages that are no closer to the front lot line than the rear line of the main house may be front loading. Materials 1. Siding shall be wood,fiber cement, brick, or natural shingles(stained).Vinyl is not permitted on residences or ancillary buildings. 2. Brick shall match the General Shale brick styles on the attachments entitled, "Brick Options." 3. Roofing materials shall be limited to standing seam metal,slate,faux slate and architectural asphalt shingle(at least 30 year). 4. Front doors shall be made of wood or fiberglass and shall be of an appropriate design to match the style of the house. 5. Sliding doors are not permitted. 6. Exterior paint colors shall be from Historical Review Board approved exterior palettes, such as`Exterior Preservation Palette"by Sherwin Williams; "Historical Colors'by Benjamin Moore;and, "Traditional Heritage"and "American Classics" by Valspar in partnership with the National Trust for Historic Preservation. 7. Windows in brick facades shall have limestone or precast sills and lintels and/or brickmould of minimum one and one-half inch (1 %")wide. 8. Windows in wood or fiber cement siding shall have exterior casing of minimum one and one-half inches (1 Yz")wide, of wood, fiber cement or composite synthetic trim material. 9. Windows shall be double hung or look like historic double hung windows with true divided lights or exterior muntins. Casement windows are allowed if appropriate to the architectural style of the house. 10. Shutters shall be louvered or raised panel designs. Operational shutters will cover the entire window or set of windows when closed. 11. Porches shall be constructed to match and compliment the architectural style and materials of the house. 12. Garage doors shall be wood, embossed steel or fiberglass. All garage doors shall be carriage type doors. 13. Gutters shall be half-round design with round downspouts in pre-finished metal or copper. 14. Fences made of plastic,fiberglass or chain link are not permitted. Princess Anne Village, LLC Agenda Item 6 Page 33 Certificate of Appropriateness - 2018 Princess Anne Village-Page 3 of 3 15. Equipment, such as HVAC and gas pack units, located on the exterior of the houses and that are visible from the street shall be visually screened with fencing or shrubs. 16. Plumbing and roof stacks shall be black or match the roof color. The Planning Commission hearing to review Princess Anne Village's Conditional Rezoning request is scheduled for a future date. Issuance of the Certificate of Appropriateness by the Historical Review Board does not imply approval of any applicable City ordinances or discretionary approvals. Please attach this letter and the appropriate attachments to any permit or Development Services Center submissions. If you need further assistance, please contact me at 385-1829 or by email at 1dsander@vbaov.com. Sincere) Jonathan Sanders City Planner Attachments(9) Princess Anne Village, LLC Agenda Item 6 Page 34 Joint City-Navy Review Joint City-Navy Review Process Group Findings (PER THE 2008 MEMORANDUM OF UNDERSTANDING BETWEEN NAVAL AIR STATION OCEANA&THE CITY OF VIRGINIA BEACH) 4 Applicant: Princess Anne Village,LLC Meeting Date: May 22,2018 Planning Department Conference Room Meeting LOcati0n: Building 2,Municipal Center Applicants&Representatives: Bart Frye RJ Nutter Allie Jones Bob Kellam Attending: Joint Navy-City Staff Group 11SGI: John Lauterbach,NAS Oceana Ray Firenze,NAS Oceana Barry Frankenfield,City of Virginia Beach/Planning Carolyn Smith,City of Virginia Beach/Planning Kevin Kemp,City of Virginia Beach/Planning Jimmy McNamara,City of Virginia Beach/Planning Kay Wilson,City Attorney's Office VBPlanning& Community Its ,elopment Princess Anne Village, LLC Agenda Item 6 Page 35 Joint City-Navy Review Joint Review Process Group Evaluation Princess Anne Village,LLC GPINs 2404024848,2404036378,2404035242,2404023254,2404012707, 1494928455, 1494926240, 1494927384, 2403293752 Page 2 BACKGROUND 10 N AGl % 2369,2373,2375&2385 Princess O1, y/�/f�'G���//� Site Location: Anne Road;2393,2401&2413 North "'J '' ,/" i� Landing Road S°"..., ��/, -,a 14 rit w ry AICUZ&APZ: 65to70dBDNL (Sub-Area 2) Existing Zoning: AG-1&AG-2 Agricultural Districts,B-2 Community Business District Request: Change of Zoning to Conditional PD-H2(R-30 Overlay)&Conditional B-2 Existing Use: Partially vacant previously developed site with wooded areas Proposed Use: Single-family residential dwellings&stand-alone restaurant RELEVANT FACTS ASSOCIATED WITH PROPOSAL The applicant is requesting a Conditional Change of Zoning for the purpose of developing the property with a total of 66 residential dwellings and a restaurant.The site is located within the 65 to 70 dB DNL AICUZ, Sub-Area 2. Section 1804(c)of the Zoning Ordinance establishes regulations that apply to discretionary development applications for residential uses with this AICUZ. Princess Anne Village, LLC Agenda Item 6 Page 36 Joint City-Navy Review Joint Review Process Group Evaluation Princess Anne Village,LLC GPINs 2404024848,2404036378,2404035242,2404023254,2404012707,1494928455, 1494926240,1494927384,2403293752 Page 3 APPLICABLE ZONING ORDINANCE PROVISIONS: Sec.1803(a)--Applicability The provisions of this Article[18]shall apply to discretionary development applications for any property located within an Accident Potential Zone(APZ)or 65-70 dB DNL, 70-75 dB DNL, or>75 dB DNL Noise Zone,as shown on the official zoning map,that have not been approved or denied by the city council as of the date of adoption of this Article.For purposes of this Article,discretionary development applications shall include applications for: 1) Rezonings,including conditional zonings; 2) Conditional use permits for new uses or structures,or for alterations or enlargements of existing conditional uses where the occupant load would increase; 3) Conversions or enlargements of nonconforming uses or structures,except where the application contemplates the construction of a new building or structure or expansion of an existing use or structure where the total occupant load would not increase;and 4) Street closures where the application contemplates the construction of a new building or structure or the expansion of a use or structure where the total occupant load is increased. Section 1804(a)—Discretionary Development Applications: It shall be the policy of the City Council that no[rezoning,use permit,change in a nonconforming use,or certain street closure)application[located in an APZ or AICUZ greater than 70 dB DNL]shall be approved unless the uses and structures it contemplates are designated as compatible under Table 1 and, if applicable,Table 2,unless the City Council finds that no reasonable use designated as compatible under the applicable table or tables can be made of the property. In such cases,the City Council shall approve the proposed use of property at the lowest density or intensity of development that is reasonable. Section 1804(c)(2)—Discretionary Development Applications for Residential Uses: (2) For property within Sub-Area 2 of the 65-70 dB DNL Noise Zone, discretionary development applications for residential uses may be approved only if the City Council finds that the proposed development: i. Is at a density similar to or lower than that of surrounding properties having a similar use and no greater than recommended by the Comprehensive Plan;and Princess Anne Village, LLC Agenda [tern 6 Page 37 Joint City-Navy Review Joint Review Process Group Evaluation Princess Anne Village,LLC GPINs 2404024848,2404036378,2404035242,2404023254,2404012707, 1494928455, 1494926240,1494927384,2403293752 Page 4 ii. Conforms to the applicable provisions of the Comprehensive Plan,including,without limitation, the Princess Anne Corridor Study, Princess Anne Commons Design Guidelines, or Mixed Use Development Guidelines. • •EVALUATION The Joint Review Process Group evaluated the application for compliance with the above provisions of Section 1804(c)(2)of the City Zoning Ordinance.The points of discussion follow. With regard to the first criteria provided in Section 1804(c)(2)of the Zoning Ordinance pertaining to density,the proposed density of 1.95 units per acre for the Princess Anne Village is less than the densities of the surrounding residential communities which include Holland Crossing at 2.98 units per acre, Courthouse Forest at 2.71 units per acre,West Neck Commons at 2.23 units per acre and Princess Anne Quarters at 2.44 units per acre.Directly across Princess Anne Road are five single-family dwellings on large lots.These homes are not included within any of the surrounding homeowners'associations or civic leagues and were not considered as part of the evaluation. With regard to Section 1804(c)(2)of the Zoning Ordinance pertaining to conformance with the Comprehensive Plan,the proposed development is located within multiple"districts." The Interfacility Traffic Area and Vicinity Master Plan(ITA Plan),which is adopted by the Comprehensive Plan,identifies the site as being located in the Historic Princess Anne Center,and along the boundary of the Municipal Center. The ITA Plan calls for the"lining of streets and spaces with low-rise mixed-use buildings of two and three stories,"within the Historic Princess Anne Center. The property also borders the Municipal Center district as identified by the ITA Plan which recommends as an area with planned land uses,both public and private, and,where appropriate,may include residential,office,retail,service,hotel and institutional uses. Finally, the site is also located at the extreme edge of the Transition Area which states"For residential development,a maximum average calculated density of up to and no more than one unit per developable acre can be earned through demonstrated conformance with the Transition Area Design Guidelines." Although the proposed density of 1.95 is higher than that which is called for in the Transition Area,its location within multiple districts that call for increased residential development where permitted,and its geographic separation from much of the Transition Area by West Neck Creek,in the JRP Group's opinion, gives the recommendations for the other districts more weight. It is the opinion of the Joint Review Process Group that the proposed residential density of 1.95 units per acre meets both Section 1804(c)(2)(i)and 1804(c)(2)(ii). It is lower than both the densities of similar residential neighborhoods in the immediate area and is a density that is consistent with the recommendations for this area as outlined in the Comprehensive Plan. Princess Anne Village, LLC Agenda Item 6 Page 38 Joint City-Navy Review Joint Review Process Group Evaluation Princess Anne Village,LLC GPINs 2404024848,2404036378,2404035242,2404023254,2404012707, 1494928455, 1494926240,1494927384, 2403293752 Page 5 Based on the above,the Joint Review Process Group finds that the proposal does meet the requirements of Section 1804(c)(2). For the City-Navy Joint Review Process Group— Jimmy� McNamara, Department of Planning and Community Development Princess Anne Village, LLC Agenda Item 6 Page 39 Disclosure Statement Disclosure Statement 'NB Planning&Community Development The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board,commission or other body. Applicant Disclosure Applicant Name Princess Anne Village LLC Does the applicant have a representative? Yes ❑ No • If yes,list the name of the representative. R.J.Nutter Troutman Pepper Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? ■Yes ❑ No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Richard Burroughs;Charles F.Burroughs,III • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) '"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of interests Act,VA.Code§2.2-3101. "Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(hi)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.202d 1 Princess Anne Village, LLC Agenda Item 6 Page 40 Disclosure Statement Disclosure Statement V13 eery &mf� ... Planning&Community Development Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes NO • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralizatlon,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ■ No • if yes,identify the financial institutions providing the service. 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes ■I No • If yes,identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes No • If yes,identify the firm and individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property'■ Yes ❑ No • If yes,identify the firm and individual providing the service. Michael Watkins Architect;Frye Properties 5. Is there any other pending or proposed purchaser of the subject property?❑Yes No • If yes,identify the purchaser and purchaser's service providers. 2 ; Princess Anne Village, LLC Agenda Item 6 Page 41 Disclosure Statement Disclosure Statement (ay J tingmm 8«a1� Planning&Community Development 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?❑Yes ■ No • If yes,identify the company and individual providing the service. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?■Yes No • If yes,identify the firm and individual providing the service. Laurence Benson Kimley Horn and Bob Kellam Kellam Gerwitz Engineering,Inc. 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?■Yes ❑No • If yes,identify the firm and individual providing the service. R.J.Nutter Troutman Pepper LLP Applicant Signature I certify that all of the information contained in this Disclosure Statement form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Sec attachment for signature Applicant Signature Print Name and Title Date Is the applicant also the owner of the subject property? ❑Yes ❑No • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications No changes as of Date 12 29 2021 Signature -, n Print Name Hoa N.Dao 3 ! Princess Anne Village, LLC Agenda Item 6 Page 42 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. + Charles F.Burroughs, Ill APPUCANVS SIGNATURE PRINT NAME DATE Page 5 of 7 Princess Anne Village, LLC Agenda Item 6 Page 43 Disclosure Statement Disclosure Statement VI/emu ewe Planning&Community Development Owner Disclosure Owner Name Sisters II,LLC Applicant Name Princess Anne Village LLC Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business?IN Yes ❑ No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Susan Kellam;Rebecca Kellam Chalmers • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the Owner. (Attach a list if necessary) Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?0 Yes ■ No • If yes,what is the name of the official or employee and what is the nature of the interest? "Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. '"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.1020 5 Princess Anne Village, LLC Agenda Item 6 Page 44 Disclosure Statement Disclosure Statement l Yy of 15v""Remit Planning&Community Development Owner Services Disclosure 1. Does the Owner have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on:he property? ❑Yes ■ No • If yes,identify the financial institutions providing the service. 2. Does the Owner have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes ■ No • If yes,identify the company and individual providing the service. 3. Does the Owner have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?❑ Yes No • If yes,identify the firm and individual providing the service. 4. Does the Owner have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?❑ Yes •No • If yes,identify the firm and individual providing the service. 5. is there any other pending or proposed purchaser of the subject property?0 Yes •No • if yes,identify the purchaser and purchaser's service providers. 6. Does the Owner have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?0 Yes • No • If yes,identify the company and individual providing the service. 7. Does the Owner have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?❑Yes •No • If yes,identify the firm and individual providing the service. Revised 11 09.2020 6 Princess Anne Village, LLC Agenda Item 6 Page 45 Disclosure Statement Disclosure Statement Planning&Community Development 8. Is the Owner receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?❑Yes No • If yes,identify the firm and individual providing legal the service. Owner Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Sec attachment for signature Owner Signature Print Name and Title Date 7 Princess Anne Village, LLC Agenda Item 6 Page 46 Disclosure Statement iVugin:0111 CERTIFICATION: I certify that all of the information contained in this Disclosure Srm is complete,true,and accurate. I understand that, upon receipt of notification that the ahas been scheduled for public hearing, I am responsible for updatormation provided herein two weeks prior to the Planning Commiscil, VBDA meeting, or meeting of any public body or committee in cwith this Application. jj11 �j�' �� Rebecca Kellam CG���/uIA V CWN61'S SIGNATURE PRINT NAMEDATE Page 7 of 7 Princess Anne Village, LLC Agenda Item 6 Page 47 Disclosure Statement Disclosure Statement \13 .y,.rou Neap Planning&Community "..--**-*N\Development Owner Disclosure Owner Name David E.Kellam Revocable Trust Applicant Name Princess Anne Village LLC Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business? Yes E No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Susan Kellam,Trustee • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity`relationship with the Owner. (Attach a list if necessary) Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes II No • If yes,what is the name of the official or employee and what is the nature of the interest? '"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. "Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.1020 5 Princess Anne Village, LLC Agenda Item 6 Page 48 Disclosure Statement Disclosure Statement (ny of thy000 Bad, Planning&Community Development Owner Services Disclosure 1. Does the Owner have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑Yes ■ No • If yes,identify the financial institutions providing the service. 2. Does the Owner have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes ■No • If yes,identify the company and individual providing the service. 3. Does the Owner have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes •No • If yes,identify the firm and individual providing the service. 4. Does the Owner have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?❑ Yes • No • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?0 Yes • No • If yes,identify the purchaser and purchaser's service providers. 6. Does the Owner have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?0 Yes No • If yes,identify the company and individual providing the service. 7. Does the Owner have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?0 Yes U No • If yes,identify the firm and individual providing the service. • 6I Princess Anne Village, LLC Agenda Item 6 Page 49 Disclosure Statement Disclosure Statement \Ar3 I. I lgvuo Smith Planning&Community Development 8. Is the Owner receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?❑ Yes No • If yes,identify the firm and individual providing legal the service. Owner Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Sec allachmcnl for signature Owner Signature Print Name and Title Date Revised 11.09.2020 7 l P a g e Princess Anne Village, LLC Agenda Item 6 Page 50 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. — p � eit L Susan S. Kellam,Trustee roAPERTY OWNER'S SI PRINT NT NAME DATE Page 7 of 7 Princess Anne Village, LLC Agenda Item 6 Page 51 Disclosure Statement Disclosure Statement .V3 ('ay q Virepu,e.c,A Planning&Community Development Owner Disclosure Owner Name Kellam and Eaton,Incorporated Applicant Name Princess Anne Village LLC Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business? M Yes ❑ No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Susan S.Kellam,President • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity`relationship with the Owner. (Attach a list if necessary) Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes U No • If yes,what is the name of the official or employee and what is the nature of the interest? "Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. "Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revisea 11.09.2020 5 Princess Anne Village, LLC Agenda Item 6 Page 52 Disclosure Statement Disclosure Statement Planning&Community Development Owner Services Disclosure 1. Does the Owner have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑Yes ■No • If yes,identify the financial institutions providing the service. 2. Does the Owner have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes ■No • If yes,identify the company and individual providing the service. 3. Does the Owner have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes No • If yes,identify the firm and individual providing the service. 4. Does the Owner have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?❑ Yes III No • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?❑Yes •No • If yes,identify the purchaser and purchaser's service providers. 6. Does the Owner have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?❑Yes •No • If yes,identify the company and individual providing the service. 7. Does the Owner have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?❑Yes in NO • If yes,identify the firm and individual providing the service. Revised 11 09.2020 6 Princess Anne Village, LLC Agenda Item 6 Page 53 Disclosure Statement Disclosure Statement VB (Ly of Veryrui Bad: Planning&Community Development 8. Is the Owner receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?❑Yes MI No • If yes,identify the firm and individual providing legal the service. Owner Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. See attachment for signature Owner Signature Print Name and Title Date Revised 11.09.2020 7 1 P a g c Princess Anne Village, LLC Agenda Item 6 Page 54 Disclosure Statement 0\B VirginiaBeach 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 e Planning Commission, connection with VBDAncil, t s meeting, or meeting of any public body or committee in Application. �(�(j laM �, 1 Yi d •� p' �d Susan S.Kellam,President vnovEim owners SIGNATURE PAINT NAME DATE Page 7 of 7 Princess Anne Village, LLC Agenda Item 6 Page 55 Disclosure Statement Disclosure Statement \13 clyolt,yowis,d, Planning&Community Development Owner Disclosure Owner Name Charles F.Burroughs,III Applicant Name Princess Anne Village LLC Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business? ❑Yes 11 No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the Owner. (Attach a list if necessary) Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes No • If yes,what is the name of the official or employee and what is the nature of the interest? '"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. "Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.2020 5 l Princess Anne Village, LLC Agenda Item 6 Page 56 Disclosure Statement Disclosure Statement VB mPlnning&Community Development Owner Services Disclosure 1. Does the Owner have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑Yes ■No • If yes,identify the financial institutions providing the service. 2. Does the Owner have a real estate broker/agent/realtor for current and anticipated future sales of the subject property, ❑ Yes ■ No • If yes,identify the company and indiviaual providing the service 3. Does the Owner have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?E Yes NI No • If yes,identify the firm and individual providing the service. 4. Does the Owner have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?❑ Yes No • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?❑Yes •No • if yes,identify the purchaser and purchaser's service providers. 6. Does the Owner have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?❑Yes U No • If yes,identify the company and individual providing the service. 7. Does the Owner have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?D Yes III No • If yes,identify the firm and individual providing the service. Revised 11.09.2020 6 Princess Anne Village, LLC Agenda Item 6 Page 57 Disclosure Statement Disclosure Statement V13 CO of Virsom Bxn1i Planning&Community Development 8. Is the Owner receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?D Yes No • If yes,identify the firm and individual providing legal the service. Owner Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,lam responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. See attachment for signature Owner Signature Print Name and Title Date Revised 11.09.2020 7 l P a g e Princess Anne Village, LLC Agenda Item 6 Page 58 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. Charles F.Burroughs, III APRKANTS SIGNATURE PRINT NAME DA t E 1 Page 5 of 7 Princess Anne Village, LLC Agenda Item 6 Page 59 Disclosure Statement Disclosure Statement \113 L tly of ilrymm B*,, Planning&Community I�velopment Owner Disclosure Owner Name Susan S.Kellam Applicant Name Princess Anne Village LLC Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business? ❑Yes IN No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the Owner. (Attach a list if necessary) Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes ■ No • If yes,what is the name of the official or employee and what is the nature of the interest? "Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code 4 2.2-3101. "Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revise°11.09.2020 5 Princess Anne Village, LLC Agenda Item 6 Page 60 Disclosure Statement Disclosure Statement &ay o(rb9r. � ,. �.. —..""*"".,...s.1\Planning&Community Development Owner Services Disclosure 1. Does the Owner have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑Yes ■No • If yes,identify the financial institutions providing the service. 2. Does the Owner have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes ■No • If yes,identify the company and individual providing the service. 3. Does the Owner have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes NO • If yes,identify the firm and individual providing the service. 4. Does the Owner have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes No • If yes,identify the firm and individual providing the service. S. Is there any other pending or proposed purchaser of the subject property?❑Yes •No • If yes,identify the purchaser and purchaser's service providers. 6. Does the Owner have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?❑Yes U No • If yes,identify the company and individual providing the service. 7. Does the Owner have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?❑Yes NO • If yes,identify the firm and individual providing the service. Revised 11.09.2020 6 l Princess Anne Village, LLC Agenda Item 6 Page 61 Disclosure Statement Disclosure Statement 1/113 .r. Planning&Community Development 8. Is the Owner receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?❑Yes MI No • If yes,identify the firm and individual providing legal the service. Owner Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. See attachment for sicuanirc Owner Signature Print Name and Title Date Revised 11.09.2020 71 Page Princess Anne Village, LLC Agenda Item 6 Page 62 Disclosure Statement nrd 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. C yv Susan S.Kellam I. d, —PROPERTY OWNER'S SIGNATURE PRINT NAME DATE Page 7 of 7 Princess Anne Village, LLC Agenda Item 6 Page 63 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. Princess Anne Village, LLC Agenda Item 6 Page 64 • - rb- 14. ,, ' 1": A. a � . w . u i � e 1 r •g - F14 I. a ft r le ° A a a sM L" ►5 1ffi_- • ® ! A. ,,''. 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( i I i RA Rear Alley. `5.1 ISJf 5'i,si 27' }"..il",' .5' I]' S.r ST Street ,.i( 22 45' ,. %r Via I , TR Trail 1It rRight-of-Way Width 1 rPavement Width �� ST-45-22 ST-50-27 RA-24-13 XX-#-# Street Street Rear Alley Thoroughfare Type T3,T4,T5 T3,T4,T5 T3,T4,T5 Transect Zone 45'ROW 50 ROW 24'RCM Right-of-way or Easement Width 22'Pavement,5'Grasspave or Cobbles 2T Pavement 13'Pavement Pavement Width Slow Movement Slow Movement Slow Movement Movement -- --Otte-WayTraf6c — Tim-Way --- - One-Way Traffic -..---- -- Traffic Lanes Parking One Side Parking One Side No Parking Parking Lanes 25'Curb Radius Header Curbs Inverted Crown.or Straight Slope Curb Type 65'Tree Lawn 6.5'Tkr Lawn 5.5'Lawn Planter Type(inc 6"Curb if any) Allee,30'ac. AAee.30'ac. Vanes LandualudespeType 5'Sidewalk One Side 5'Sidewalks No Sidewalk Walkway Type MICNABL WATKINS ARCHITECT,LW Thoroughfare Types Princess Anne Village May 28,2021 4 I ? l V rf r. 1it it_ 11ii� t y a*, �. I 1 1 f I f ,-Thoroughfare Type Fl. Fire Access lane 1 •' i 1 i E I PT path RA Rear Alley L**'L IJ x'1'lx ST Street Varna I Hr I �1, 1 i TR Trail ! ('Right-of-Way Width t I i Pavement Width ItT-V-5+ TR-20-12 FL-21-5 XX-#-# Path Trail Fire Access Lou, Thuruuglifuc Type T),Ta TI,T2,T3 T3,Ta,TS Trained Zone l&OW Wiskh Varies 21/'Secondary Trail Easement 0'ROW Right-of-way or Easement Width 5' 11'min.concrete or nr min.asphalt IF t;rasspave+5'Pavement+x•Grass.we Pavement Width N/A Pedestrian Fire Equipment Only Muwnent N/A N/A N/A Tunic Lanes - -N/A N/A No Parking Parking Lanes N/A N/A Pavement/Curb N/A N/A N/A Curb Type Vains Varies N/A I'IanrrrTjpe(includes 6"Curb if any) Trees,mound cover,shrubs,Pawn Time A Shrubs(min.of I tree per.15 linear feet) N/A landscape Type N/A Al A Asphalt or Concrete Trail Sidewalk Walkway Type *Notes: path may accommodate vehicular Notes access when necessary to connect adjacent alley with street. MICHAEL WATKINS ARCHITECT,LLC Thoroughfare Types Princess Anne Village May 28.21121 3 �. , ,, /115. e Rd. Princess Anne Rd ./ pcinceSS Ann `i0'\ _ P. \ , ,..,,,,.. ..-- .,],-_ .`` —.5.4.._-0 l O l Y,._'-• C, — •A44LSY rq 0, ; ,.,\ \\ A--,P -/,..,, ('' 0 s -M, 10 1 1 I_..._ Is' - x Fj 1 e le j 'n` \ \•N „'Qa fit y+u+R � Q I ®owe°°:,1, 0 t e . - TNErr-n s`\ /Q. w /j• \. \ \ �,b� - +'`\ `,,, I I O , NOV — w_ _r—_ oe a �., \ 0. / �.^p 1 Win STRF.ETNI r_.�• - � ��I® I® / ®�® \.'!«i/ \rgi,T . \ i,/ ;(4 s...,,,______I 1 0 . III ALIV ' : / i I o_► i i i ii i 1 e . o,© �© ,o '� I 1 1 0 10 I 0 Ii 010 !0 1 ALL.Yx: t .fir ��.�_�- - .�� �-_ ii L__ May 28, 2021 Thoroughfare Types Princess Anne Village 6 - - \ .w� 1,, - qk • NI I s 4 . _ , . III p� w r# -'s *` +. ::4i X S.N.if V. - 0 w .� _ It. � C/) � ^ ' 4 w4 1......* v) 44 f �1 5-0 P r '''''.'..Z.S i5 r " i '� • Y FAY Imo' ' +i _ jy a., 1 A . _l ..err 1 v '' .e.,V . AI:. 111- i EMI. . : .. • i \\,,-' ,' i ,- ._7*-,-- -%i-'7- r �, F ! 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U ‘,„ 1.- .4„,z... , toommat,,- !.... ......_ .44 ,. . , • - , •..., .._-.. ..- Document Prepared By: Troutman Pepper LLP 222 Central Park Avenue,Suite 2000 Virginia Beach,VA 23462 RJ Nutter(VSB#17774) AGREEMENT THIS AGREEMENT (this "Agreement"), made this 10th day of June, 2021, by and between SISTERS IL LLC, a Virginia limited liability company; CHARLES F. BURROUGHS, III, an individual; SUSAN S. KELLAM, Successor Trustee of the David E. Kellam Revocable Trust; SUSAN S. KELLAM, an individual; and KELLAM AND EATON, INCORPORATED, a Virginia corporation (collectively to be indexed as "Owners"); and PRINCESS ANNE VILLAGE LLC, a Virginia limited liability company; and the City of Virginia Beach, a Municipal Corporation, of the Commonwealth of Virginia (the "Applicant") (the "Applicant and Owners hereinafter collectively referred to as "Grantors"); and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (hereinafter referred to as the "Grantee", and to be indexed as Grantee). WITNESSETH: WHEREAS, Sisters, II, LLC is the current owner of that certain parcel located in the City of Virginia Beach, Virginia, identified by GPIN No. 2404-02-4848-0000; Charles F. Burroughs, III is the current owner of those certain parcels located in the City of Virginia Beach, Virginia, identified by GPIN Nos. 2404-03-6378-0000 and 2404-03-5242-0000; GPIN No.2404- 03-0056-0000, owned by Charles F. Burroughs, III. Susan S. Kellam, Successor Trustee of the David E. Kellam Revocable Trust, is the current owner of those certain parcels located in the City of Virginia Beach, Virginia, identified by GPIN Nos. 1494-92-8455-0000 and 1494-92- 6240-0000; Susan S. Kellam, an individual, is the current owner of that certain parcel located in the City of Virginia Beach, Virginia identified by GPIN No. 2404-02-3254-0000; and Kellam and Eaton, Incorporated is the current owner of that certain parcel located in the City of Virginia Beach, Virginia, identified by GPIN No. 2401-01-2707-0000; the City of Virginia Beach is the current owner of those certain parcels located in Virginia Beach identified by GPIN No. 1494- 92-7384 and a portion of GPIN No. 2403-29-3752, as more particularly described in Exhibit A attached hereto and incorporated hereby by reference(the "Property"); and WHEREAS, Princess Anne Village, LLC is the current contract purchaser of the Property; and GPIN No.2404-02-4848-0000 GPIN No.2404-03-6378-0000 GPIN No.2404-03-5242-0000 GPIN No. 1494-92-8455-0000 GPIN No. 1494-92-6240-0000 GPIN No.2404-02-3254-0000 GPIN No.2401-01-2707-0000 GPIN No. 1494-92-7384-0000 GPIN No.2403-29-3752-0000 GPIN No.2404-03-0056-0000 35103510 WHEREAS, Grantors have initiated an amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee, so as to change the classification of the Property from Conditional B-2 and AG-1 to Conditional B-2 and Conditional R-10 with a PDH-2 overlay over the R-10 portion of the Property; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes, including mixed-use purposes, through zoning and other land development legislation; and WHEREAS, Grantors acknowledge that competing and sometimes incompatible uses conflict, and that in order to permit differing uses on and in the area of the subject Property and at the same time to recognize the effects of the change and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned B-2 and R-10 with a PDH-2 overlay are needed to cope with the situation to which the Grantors' rezoning application gives rise; and WHEREAS, Grantors have voluntarily proffered in writing in advance of and prior to the public hearing before the Grantee, as part of the proposed conditional amendment to the Zoning Map, in addition to the regulations provided for in the existing B-2, R-10 and PHD-2 zoning districts by the existing City's Zoning Ordinance (CZO), the following reasonable conditions related to the physical development, operation and use of the Property to be adopted as a part of said amendment to the new Zoning Map relative to the Property, all of which have a reasonable relation to the rezoning and the need for which is generated by the rezoning; and WHEREAS, said conditions having been proffered by the Grantors and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, such conditions shall continue in full force and effect until a subsequent amendment changes the zoning on the Property covered by such conditions; provided, however, that such conditions shall continue despite a subsequent amendment if the subsequent amendment is part of the comprehensive implementation of a new or substantially revised zoning ordinance, unless, notwithstanding the foregoing, these conditions are amended or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and executed by the record owner of the subject Property at the time of recordation of such instrument; provided, further, that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of the ordinance or resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee advertised pursuant to the provisions of the Code of Virginia, Section 15.2- 2204, which said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent. NOW THEREFORE, the Grantors, for themselves, their successors, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion of quid pro quo for zoning, rezoning, site plan, building permit or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation and use of the Property and hereby covenants and agrees that these 35103510 2 proffers (collectively, the "Proffers") shall constitute covenants running with the said Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantors, their heirs, personal representatives, assigns, grantees and other successors in interest or title, namely: 1. When developed, the lot dimensions, setbacks, height and other development criteria set forth in the City Zoning Ordinance shall be as set out in the attached exhibit entitled Princess Anne Village Residential Development Criteria dated August 25, 2021 (the "Development Criteria"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. The Development Criteria shall be in lieu of all corresponding criteria in the Virginia Beach Zoning Ordinance applicable to the R-10 zoning district. 2. When developed,the project shall be developed in substantial conformity with the conceptual site plan consisting of 3 pages entitled "Conceptual Site Plan with Context", "Conceptual Site Plan" and "Program and Parking" dated May 28th 2021, (the "Concept Plan"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 3. When developed, the number of single family residential homes located on the Property shall not exceed a total of 73 homes and 16 Garage Apartments. 4. Residential structures constructed on the Property shall be in substantial conformity with the conceptual architectural renderings consisting of 2 pages entitled Home Styles, Princess Anne Village, "Elevations", 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 which have been approved by the Virginia Beach Historical Review Board on July 18, 2018. 5. When developed, access to the Property from North Landing Road shall be landscaped and contain a monument-styled free standing sign substantially as shown on exhibit entitled "Monument Sign", a copy of which has been exhibited to the Virginia Beach City Council and is on file unless modified by the Virginia Beach Historical Review Board with the Virginia Beach Department of Planning. 6. When developed the entrance open space areas shall be in substantial conformity with the elevation entitled "Entrance Way" dated June 4, 2021, a copy of which has been exhibited a copy of which has been exhibited to the Virginia Beach City Council and is on file unless modified by the Virginia Beach Historical Review Board with the Virginia Beach Department of Planning. 7. When developed, there should be a pedestrian trail system on the Property and that will connect to the adjacent City trail system as shown on the concept plan. 35103510 3 8. When developed, a linear open space area along Princess Anne road within the residential zones will be subdivided as shown on the elevation site plan entitled "Linear Open Space", dated June 4th, 2021, a copy of which has been exhibited to the Virginia Beach City Council and is on file unless modified by the Virginia Beach Historical Review Board with the Virginia Beach Department of Planning. 9. When developed, the Applicant will construct turn lanes at the vehicular entrance to Princess Anne Village substantially as shown on the Concept Plan. 10. When developed, the street widths, curb heights, centerline radii, rear lane, rear alley street signage and trail widths shall be developed in substantial conformity with the 3-page exhibit entitled "Thoroughfare Types" dated May 28th, 2021, a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. Proffers Relating to the Conditional B-2 Portion of Princess Anne Village 11. Vehicular access to the portion of the Property zoned Conditional B-2 shall be from the road system within Princess Anne Village and not directly from the North Landing Road. 12. When developed, only the following uses shall be permitted on the Property zoned Conditional B-2: Restaurants with no drive-through, office, and retail. 13. The height of any principal structure on the Property zoned Conditional B-2 shall not exceed 45 feet. The exterior design and building materials shall be complimentary to the building materials and architectural designs of the homes in Princess Anne Village and shall be subject to approval by the Virginia Beach Historic Review Board. 14. Any freestanding sign on the portion of the Property zoned Conditional B-2 shall be a monument style sign, externally lit, and shall not exceed 8 feet in height. The final design and building materials of any freestanding sign shall be subject to approval of the Virginia Beach Historic Board. 15. Further conditions lawfully imposed by applicable development ordinances may be required by Grantee during detailed site plan and/or subdivision review and administration of applicable City Codes by all relevant City agencies and departments to meet all applicable City Code requirements. 16. All references hereinabove to zoning districts and to applicable regulations refer to the Zoning Ordinance of the City of Virginia Beach, in force as of the date the conditional zoning amendment is approved by Grantee. The Grantors covenant and agree that (1) the Zoning Administrator of the City of Virginia Beach, Virginia shall be vested with all necessary authority on behalf of the governing body of the City of Virginia Beach, Virginia to administer and enforce the foregoing conditions, 35103510 4 including (i) the ordering in writing of the remedying of any noncompliance with such conditions, and (ii)the bringing of legal action or suit to ensure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings; (2) the failure to meet all conditions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) if aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the City Code, the CZO or this Agreement, the Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4)the Zoning Map shall show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the subject Property on the map and that the ordinance and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Department of Planning and that they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and indexed in the name of the Grantors and Grantee. [Remainder of Page Intentionally Left Blank. Separate Signature Pages to Follow.] 35103510 5 IN WITNESS WHEREOF, the undersigned Grantor executes this Agreement as of the date first written above. GRANTOR: SISTER II,LLC,a Virginia limited liability company B : d /� G/V/4,444J Its: Qy�A..r, STA C NNE OP� rt,t4t) • CITY OF to-wit: The fii4.1.4......4_,oregoing •}>as ent wa worn to and acknowledged befo e me this g day of , 2021, by in her/his capacity of Sister II, Virginia limi liability company. She/he is either personally kno to or has produced as identification. ,q Witness my hand and official stamp or seal this 0 day o ,2021. sej.kittitkitibij„ otary Public (SEAL) My Commission Expires: ` a C90C)-- VI? eEOTARYbeth!(Parks Registration Number: NOTARY PUBLIC Commonwealth of Virginia Reg.#7690832 My Commission Expires 9/30/2024 35103510v2 6 IN WITNESS WHEREOF, the undersigned Grantor executes this Agreement as of the date first written above. GRANTOR: CHARLES F.BURROUGHS,III, an individual Its: STATE/COMMON EAL OF V t1I 11st CITY OF Nil f\16, ,to-wit: ,� The foregoing instrument was sworn to and acknowledged before me this 10' " day of u ne , 2021, by Charles F. Burroughs,1II, an individual. He is either personally known to me or has produced Ut(FI114t cake,dr(itcS ce.nce as identification. Witness my hand and official stamp or seal this I O i day of n e, ,2021. 49/62"- " 1-f-11") Notary Public (SEAL) My Commission Expires: 1,.461041 0,0A111111/1 " 67 (6.? I ..•` .. Rom.'% Registration Number: = - � Ty.,y 1. L fm. •11 = �,•Exitc �C z 7A TH 1p' fr 35103510v2 7 IN WITNESS WHEREOF, the undersigned Grantor executes this Agreement as of the date first written above. GRANTOR: SUSAN S.KELLAM,Successor Trustee of the David E.Kellam Revocable Trust (6-Q4,, ,,) 6 '- x-ef-tt-i-n-- Susan S.Kellam STATE/COMMONWEALTH OF eI . yw" CITY OF lirr ,( ,to-% The jforegoing instrument was sworn to and acknowledged before me this day of ow 2021 b S ellam as S sor Trustee of the David E. Kellam Revocable rust. She is eith- .-rsonally kno to me o produced as identification. jj Witness my hand and official stamp or se 's , / day of lt,,LL, 2021. Notary Public (SEAL) My Commission Expires: y/30 ZZ JAMES W. LAM 791 �Q(j(� NOTARY PUBLIC Registration Number: r Commonwealth of Virginia Reg.#7018049 My Commission Expires April 30.2022 >.5103510v2 8 IN WITNESS WHEREOF, the undersigned Grantor executes this Agreement as of the date first written above. GRANTOR: SUSAN S.KELLAM, / an individual c`� By: � Its: STATE/COMMONWEALTH OF U CITY OF ifs` 4 '^ ,to- E The oregoing instrument was sworn to and ackno 1:•ged this / day of ew 2021, by Susan S. Kellam, an individual. Sh- is -ith r personally known to me or has produced as identificati'n. Witness my hand and official stamp or seal this 9 •.y of � , 2021. r J / 'm Public (SEAL) My Commission Expires: Yl 30/�2 Registration Number: 76 gv9 JAMES W. LAM NOTARY PUBLIC Commonwealth of Virginia Reg. #7018049 My Commission Expires April 30,2022 35103510v2 9 IN WITNESS WHEREOF, the undersigned Grantor executes this Agreement as of the date first written above. GRANTOR: KELLAM AND EATON,INCORPORATED, a Virginia corporation By dli1,4_ ,� ,J�,�n 6t i.,. Its: "�V"4-L STATE/CO ONWEAL OF if CITY OF '' *eP.4� ,to- The foregoinginstrument w orn to an• • Imowledged • ore me thiseel day of 2021,by, �q,v,. � ,in - I 's capacity as ',.-. of Kellam and Eaton, Incorporated, a Virginia corporation. She/h- - eith= person. ly kno to me or has produced as identifi•• • . Witness my hand and official stamp or seal this i1 day of AP../ ,2021. 1 Notary Public (SEAL) My Commission Expires: OOP-2- JAMES W. LAM NOTARY PUBLIC Number: Registration 70 gQ Commonwealth of Virginia g / �� Reg. #7018049 My Commission Expires April 30,2022 35103510v2 10 IN WITNESS WHEREOF, the undersigned Grantor executes this Agreement as of the date first written above. GRANTOR: PRINCESS ANNE VILLAGE LLC, a Virginia limited liability company By: (1l,,.4,- Its: h)ANR6ek 0 STATE/COMMONWEALT OF V l,( E CITY OF "'fit 1 C+- ,to-wit: \J The foregoing in trument was sworn to and ackn wledged before me this O` day of , 2021, by ( y\e tttrfo 11 , in her/1U ca acity as of Princess Anne Village LLC, a Virginia limited liability company . She/ is either pers known to me or has produced V l fC�arlg a DI-(de cr LicoStas identification. Witness my hand and official stamp or seal this (6 day of In P, , 2021. vLasi 61.01d4 L0lc / Notary Public (SEAL) My Commission Expires: ``fit %I lItt4 �I Registration Number: �r7 16 2 O T # ,,'',r�TM,�,`,`♦�. 35103510 1 1 IN WITNESS WHEREOF, the undersigned Grantor executes this Agreement as of the date first written above. GRANTOR: City of Virginia Beach, a Mu ipal Corpporatio By: I " Its: City Manager STATE/COMMONWEAL,�TH /'�OF /(311•1 ' CITY OF 'V i►�! a�l ,to-wit: The foregoing ins rent wa sworn to and acknowledged befo e e this /7 day of 4 20petsia —, 2021, by -zJL n On tri in her/his capacity as () /r ,Q,n of the City of Virginia Beach, a Municipal Corration. She/he is either personally known to me or has produced 06-1.9 cr-i truL) as identification. Witness my hand and official stamp or seal this /7 ay ofAy i12Q2l. Notary Public (SEAL) My Commission Expires: D011agie u Commonwealth of Virginia Registration Number: / O/ 2G 3 1 Sarah Deal Jenkins•Notary Public Commission No. 1926314 My Commission Expires 8 Zl7Z 35103510 12 EXHIBIT A Legal Description 35103510 13 Proj- Area inscription Beginning at point A; thence N 11025'31 " E a distance of 38'; thence N 08°43'35" E a distance of 70'; thence N 13°14'28" E a distance of 161 '; thence N 10°12'53" E a distance of 83'; thence N 21 °09'02" E a distance of 182'; thence N 31 °04'31 " E a distance of 397'; thence N 38°27'57" E a distance of 189'; thence S 43°55'26" E a distance of 224'; thence N 42°28'35" E a distance of 175'; thence N 43°55'25" W a distance of 217'; thence N 53°49'37" E a distance of 111 '; thence S 44°01 '38" E a distance of 5'; thence N 50°00'05" E a distance of 134'; thence with a curve turning to the right with an arc length of 219', with a radius of 295', with a chord bearing of N 71 °18'10" E, with a chord length of 214',; thence S 87'23'48" E a distance of 52'; thence N 02°36'12" E a distance of 10'; thence S 87°23'48" E a distance of 89'; thence N 03°27'21 " W a distance of 9'; thence S 89°10'23" E a distance of 160'; thence S 09°38'55" W a distance of 684'; thence S 44°00'34" E a distance of 1321 '; thence S 63°28'50" W a distance of 38'; thence S 45°13'45" W a distance of 216'; thence S 18°56'05" W a distance of 281 '; thence N 88°10'25" W a distance of 772'; thence S 03°49'34" W a distance of 194'; thence N 45°29'47" W a distance of 1149'; thence S 31 °10'14" W a distance of 45'; thence N 58°42'55" W a distance of 195'; thence S 24°02'20" W a distance of 0'; thence N 58°50'18" W a distance of 12'; which is the point of beginning, having an area of 2,420,964.82 square feet, 55.578 acres Na DESCRIPTION OF "`e g PROJECT AREA beginning at point A; 4thence N 11'25'31" E a distance of 38'; thence N 08'43'35' E a distance of 70'; thence N 13'14'28' E a distance of 161'; thence N 10'12'53" E a distance of 83'; thence N 21'09'02' E a distance of 182'; thence N 31'04'31' E a distance of 397'; thence N 38'27'57" E a distance of 189'; thence S 43'55'26" E a distance of 224'; thence N 42'28'35" E a distance of 175'; thence N 4355'25' W a distance of 217'; thence N 53'49'37' E a distance of 111'; ID D°'N ' SITE e.3 4 ''''''"-1--.- thence S 44'01'38" E a distance of 5'; }9. N 03'2r5•N thence N 50'00'05" E a distance of 134'; ,ol" 9 �• thence with o curve s en3'�C E ,eo'3 turning to the right s enOzrE LOCATION MAP SCALE: 1"=2,000 FT N Oe Y S] E with an arc length of 219', with a radius of 295', ME uomwT sEax>MS PUT IS sas®a ME ' '• I with a chord bearing of N 7118'10" E, 1e1e,e1 SRE RAW c006l3E MIDI.w001 AL with a chord length of 214',; NwR r.o.11WARD.COZRAIE,wets MC sz'3 9 anE>,eo w aEI,E.rEEr. s c"'''e"E thence S 87'23'48" E a distance of 52'; thence N 02'36'12' E a distance of 10'; O thence S 87'23'48" E a distance of 89'; I thence N 03'27'21' W a distance of 9'; •r°,r h sooros'E\ thence S 89'10'23" E a distance of 160'; ;$ \ thence S 09'38'55' W a distance of 684'; • ` a n+ �. \ thence S 44'00'34" E a distonce of 1321'; ' + •�'�g, thence S 63'28'50" W a distance of 38'; It a thence S 45'13'45" W a distance of 216'; y \ thence S 18'56'05" W a distance of 281'; �,t`" i \ © • thence N 88'10'25" W a distance of 772'; - thence S 03'49'34" W a distonce of 194'; a3. 5s�4 \ thence N 45'29'47" W a distance of 1149'; e ,�/ thence S 31'10'14' W a distance of 45'; O Q ?/ thence N 58'42'55' W a distance of 195'; Q'F \ thence S 24'02'20" W a distance of 0'; P�'`p4 thence N 58'50'18" W a distance of 12'; \ which is the point of beginning, �yy .i Q having an area of 2420964.82 square feet, =r .�', \ 55.578 acres `MfVOININIE WO ``\ OF PROPOSED MEET `\ ' P OXIPIE urTS J •`\ a MPROPOSED PROJECT ,eY 3\` ' POJCT N 219e'01'E \ PROJECT uNE - PaNT a \ yQI\ \ J 3 \ © \ M 01333'34 E > \. QO 3E 3 y N 3T70'31'E • l \` • . \ S N9B'w'N • / \ 4 `• \ IRE AS SNOW IN i // \ \\ • YAP NOOKY.PACE ASEPROR/TT OF TITLE MOT DETERNIMB) 4� / / / / at / / N / s,rxss"N/ / © / 1 ' PPNDON 3 E LOCATION / / / •WROND P OJECT a •f `•\\ (YAP S®�3) / // // , `\ 6 PROPOgD PROJECT • 1 / / \ \ // PROJECT AREA Princess Anne GRAPHIC SCALE \ \ I Village ,00 b +CD aQo .DO / m /'� Princess Anne Village LLC FEET \ I / /\ / PRINCESS ANNE VIRGINIA BEACH 1 INCH= 100FEET ELLAM . ERWITZ ENGINEERING-SURVEYING-PLANNING MP CENTRAL DRIVE VIRGIN.P VA 90rtCTMEA MT))403n•F. 37)3.1O DERIDER WSW I APPROVER - PROJECT/514013 DRAWN en OTC eeM/z, SHEET OEOED: RSN gr. r 3,DD' 1 OF 1 Princess Anne Village Residential Development Criteria AUGUST 25, 2021 1. Density: When developed, the number of single family residential homes located on the Property shall not exceed a total of 73 homes and 16 Garage Apartments 2. Minimum lot 3,400 square feet area in square feet: 3. Minimum lot area 3,400 square feet outside of water marsh, or wetlands: 4. Minimum lot width 35' in feet: 5. Minimum front yard 8' Front yards within Princess Anne Village shall be where the front façade of the setback in feet: home is facing rather than the alley. 6. Minimum front yard 8' Front yards within Princess Anne Village shall be where the front façade of the setback when adjacent home is facing rather than the alley to a 40-foot right-of-way created in accordance with section 4.1(m) of the subdivision ordinance in feet: 7. Except as provided in 5' subdivision (6.1), minimum side yard setback except when adjacent to a street in feet: W N ' O C° 00 g cn � � 2 M 5. o cn 5• 5 * ) W c w it K (48 su m 8 ° —11 ( D � 5. v ° x —., � c _5' � (D r: o •p . cn rt � � �, x o cn � m _5' C C) 5 C ) (D C) (D 74A) Oa _5• a5' O a) a C) � a. C� C C) 7• N 3 a � - <-a (o v = ;1c N m CU 2 CD a 3 a � (fli5 m (n 3 CCD 3 m � 3 �' v oA" 3 a � ao '°` 3 � x' 3 � C � '� •o =g � o3 c CAA) Ocn � X � R. 55 � * 5' 0) ' ? 9, 3 � w � mco v (—D CND _' ° -v O n (D (�D n CD N N (D ° (D `G 0 cn `G • <• ,-« O _, o '° v (D ,L co a O < al ui p v v 0 Q O 9 a i,,Q. - a) O (o co co CD •(a O v a a- a ....1 O * va '" a O -h (D a CD CCDD 5' A) ° 2 `< (D ° CD to �D CO (D CD ; i O W (D O — a) a) C CD o 0 co C) (-A2 rn 0) al --I —I --I CD CD CD a°) a a -, -, a a) a) a a a ci) cn a) a) a) C CD Cr 3 — 5 .a�' CD CD CD O 0 0 O O O = > O, O O -. ,-•. 5 (D (D CCDD O O 5 .s 'a 0 -a Cl) 0)-Az C co CCDD (CD CD CD (D z = 7 s ) tea) a a a back for accessory structures no larger than 150 square feet in area and with an eave height no greater than 8 feet except when adjacent to a street for a garage apartment as an accessory structure: 14. Minimum setback on 3' through lots for accessory structures that are physically located to the rear of the principal structure in feet: 15. Maximum lot coverage in 60% percent: 16. Maximum total of building 800 square feet— no separate power or gas meters shall be permitted for the garage floor area for garage apartments: apartments 17. Maximum building height: 45' 18. Mechanical equipment, 3' generators and chimneys setback in side and rear yards: 19. Parking should be required for all uses and structures. Parking within a garage or an enclosed or covered space shall be counted toward meeting off-street parking requirements for dwelling units. One additional onsite parking space shall be provided for any garage apartment. Virginia Beach Planning Commission December 8, 2021 Public Meeting Agenda Item # 6 Princess Anne Village, LLC [Applicant] Susan Kellam, David E. Kellam Revocable Trust, Kellam & Eaton, Inc. Sister II, LLC, Charles F. Burroughs, Ill, City of Virginia Beach [Property Owner] Conditional Rezoning (B-2 Community Business, AG-1 & Ag-2 Agricultural Districts to Conditional PD-H2 Planned Unit Development (R-10 Residential District) & Conditional B-2 Community Business Districts) 2369, 2373, 2375, 2381, 2385 Princess Anne Road & 2393, 2401, 2413 North Landing Road, Parcel between 2393 North Landing Road and 2385 Princess Anne Road RECOMMENDED FOR APPROVAL— HEARD David Weiner: Okay, next we are going to item number six. And before we do that, I need to read something. Let's see, pursuant to the state and local government Conflict of Interest Act, I make the following declaration. I'm executing this written disclosure regarding the Planning Commission's discussion on vote number six, Princess Anne Village at 2385 Princess Anne Road, parcels 2398 North Landing Road and 2385 Princess Anne Road. The applicant is a client of mine, and as an employee of Batchelder & Collins, 2305 Granby Street, I have financial personal interest in this transaction. Therefore, I abstain from discussion in this matter in December 8th, 2021 Planning Commission hearing. I am going to step out, and Mr. Wall will take over. Jack Wall: Okay. Thank you. The one and only item to be heard today is agenda item number six, Princess Anne Village LLC as the applicant and Susan Kellam, David Kellam, Rockwell Trust Kellam and Eaton Incorporated, Sisters Two LLC, and Charles E Burrows III, and City of Virginia Beach as the property owners for Conditional Rezoning for B2 Community Business AG1, AG2 to PDH2 Planned Unit Development in the R10 Residential District and Conditional B2 Community Business Districts at 2369, 2373, 2375, 2381, 2385 Princess Anne Road and 2393, 2401, 2413 North Landing Road. Parcel between 2393 North Landing Road and 2385 Princess Anne Road in the Princess Anne District. Is there a representative for this application? RJ Nutter: Yes, sir. Thank you, Mr. Wall. Thank you, Mr. Acting Chairman, soon-to-be Chairman. Thank you very much, members of the Commission. My name's RJ Nutter. I'm an attorney. I represent the applicant. I'm pleased to be here today. I want to thank Bobby and his staff, Carolyn for moving this application forward. It's been with the city for some time working through the issues, and we're happy to be here today. We appreciate their indulgence. 1 RJ Nutter: I'd also like to tell you that the families involved in this case have owned this property for generations. They have literally watched the courthouse grow. They have watched all the neighborhoods around the courthouse grow, be rezoned and developed, and they have been some of the stalwarts of this community since its formation, as you know, with the Kellam family. RJ Nutter: So when it was time to start developing or looking for their next generation of what's going to happen with the properties, they really wanted to work with some people who were going to make a difference and not just propose another development that would be just more in the line of development around the courthouse. Instead, they wanted to be an anchor to the Municipal Center. And so for that, they hired some of the top planning firms in the country. And after working with those firms, they then selected, I should say, a consultant, Frye Properties, who is consultant in this case, but has designed the properties, designed the homes, and will be overseeing the construction of these homes to make sure they qualify up to the standards of Mr. Frye and his company. You may know that Mr. Frye and his companies have been recognized around the country as some of the best new traditional neighborhoods in Virginia and is often cited for how to develop property in and around areas where you have a lot of trees and want to save those trees. And areas where you want to have really something special. RJ Nutter: His properties of East Beach in Norfolk and the Cavalier in Virginia Beach. This will only be his second Virginia Beach entree. And it'll be of the same quality levels that you see in both of those developments. But anyway, a little bit about the parties and why this is important. But that'll frame it for you because, as you can see, and I want some people to understand this, because there was some chatter on Nextdoor Neighbor the other day about this. I want to let you know that for those of you watching or listening, that this is one of the lowest density projects in and around the entire area. That most of the other areas around and neighborhoods around this have a much higher density. Those include Courthouse Greens, the Enclave, Courthouse North, Courthouse Forest, High Court and Holland Crossing, all of which have higher densities than this project. RJ Nutter: None of those properties involved open space like this has. None of them involved conservation areas like this project has. And none of them involved the, while several high quality and nice neighborhoods, none of them are the neo-traditional development that we see bring brought forward here. What's so special about neo-traditional? Number one, it has a much higher degree of preservation of the land. It has less land utilization for roads. It has less land utilization for parking. It provides that the homes in this case will all front on a park-like setting. Every single home in this development will front on a park-like setting. The access to those homes, where the cars will be parked, is in the rear. You will not see them. And this allows for, again, greater urbanization between people. They get to walk around. This is a very walkable neighborhood. You're not going to see people trying to get to their homes by stepping over somebody's car in the parking lot and so forth. You will walk up to their front porch just like you 2 do years and years ago in New England neighborhoods where this was first brought to the forefront. RJ Nutter: In terms of density. Again, as I told you, we're about the lowest. One thing, if I could, I did want to show about the density. Well, the number is 89 in terms of actual units, or in terms of the Zoning Ordinance. They're really 73 single-family development homes. 73. The reason it's 89 is because, and this would be important, Robyn, for your perspective, there are up to 16 available apartments here, garage apartments. They cannot exceed 800 square feet. They cannot have their own utility service. They have to be connected through the home. Has to be contained fully within the home. This was the same product we introduced at the Cavalier and at East Beach. RJ Nutter: The benefit of this is it allows people in different demographic areas, and with different socioeconomic backgrounds, to live in a nice neighborhood without buying an expensive home. It was very important for people who live that close to the Courthouse to be able to have those type of units so they can live and walk to the courthouse. It's important for people who buy of these homes to have members of their family who are getting older who want to live independently, but want to live somewhere close to their families. This was intentionally put into this ordinance in this case. In other cases, doesn't even have to count toward density, but we said, "All right. We'll be happy to count toward density since, even with those you units, we're still under the densities of those around us." So I wanted you to know about that. RJ Nutter: In terms of the Comp Plan. As you know, the neighborhood has been involved here, all the neighborhoods here have been involved, in the direction of many Comp Plans. This Comp Plan involves actually four different Planning Districts. It involves the Transition Zone, the Inter- Facility zone, the Municipal Center District, and the Courthouse, Historic, and Cultural Districts. All of those overlay a portion of this property. So when we were looking at how to develop this property, we had to comply with all four of those criteria. And I'm happy to tell you, staff points out, we've done that. All four and a Comp Plan, therefore, recommends approval. RJ Nutter: So also, I want to point out that we've been to the Historical Review Board twice. First, some of the homes were in bad shape, had to be demolished. And that had to be approved. In other cases, they approved the architecture of the homes. And we submitted three different types. We decided to withdraw the Victorian. I apologize. Couldn't confirm this while I told this morning. So we're not putting Victorian style homes in here. We're putting the other three that have been approved by the board. RJ Nutter: So in addition to that, I want you to know we did an elaborate stormwater study here. That process took close to two years, over$250,000 in modelling fees with Kimley-Horn and Mr. Kellam's firm. And I'm happy to tell you that we're not only taking care of the water from this and 3 on this property, we're picking up water off the adjacent roadways. And we're also permitting the city to pass water through here that covers about 160 acres of property on the other side of Princess Anne Road, all flow through a ditch system that'll come into this property. RJ Nutter: So that's very important, as you can imagine. So we're not only handling our water, we're handling public water off the street. And we're permitting the city's water to run through this property, again, about 160 acres. So when we were doing the modelling, all of that water had to be included, even though it's not our water. It's still water. So we had to make sure the models tested for that. And as staff points out, they're happy that we've been able to accomplish that task. RJ Nutter: One other question, Ms. Klein, you asked about floodplain and flood areas. The city does the maps you saw based on, largely, aerial photos. An applicant is able to approach the agencies and submit studies where the exact soils are on their property and so forth and determine what's in the floodplain study. They did that in this case. And I'm happy to tell you, based on that study, which was approved by the state, all of the homes and properties are really outside of those areas now. So I wanted you to know that the case. Because in addition to the larger conservation areas we're dedicating here, we stayed out of those areas. We tried our best to stay out of those areas, as you might imagine. We don't want to be there anymore than you want us to be there. RJ Nutter: So with that, I'll try to answer any questions with you. I would tell you that we've tried to address every question that the staffs come up with. We're pleased the storm waters come out the way it has. And we're anxious to get going with this project, I might tell you. So happy to answer any questions you might have, Mr. Horsley, Mr. Bradley. Jack Wall: Okay. Well thank you, Mr. Nutter. Are there any questions? Robyn Klein: I do have one question. RJ Nutter: Yes. Certainly. Robyn Klein: If I understand you correctly about the garage apartment. RJ Nutter: Yes. 4 Robyn Klein: If I purchase a home in this neighborhood, I can then rent out the garage apartment. RJ Nutter: Correct. Robyn Klein: ... to someone in the community. RJ Nutter: Correct. Robyn Klein: Thank you. RJ Nutter: And in fact, they found that not only helped in different socioeconomic situation in the neighborhood, it made it more lively. Quite frankly, they found different people, different backgrounds were part of that neighborhood, not just people who could afford a particular home. Robyn Klein: Thank you. Donald Horsley: Along that same line, but that's only on those, what was it, 13 homes? RJ Nutter: Sixteen homes. Donald Horsley: Sixteen homes. RJ Nutter: And they have to be the largest lots. Donald Horsley: Just on those? So the other homes can't add these type things to them? RJ Nutter: That's correct. Jack Wall: Anyway else? I got a question. 5 RJ Nutter: Oh, Mr. Wall. Absolutely. Jack Wall: It looks like you're preserving existing mature landscaping. Can you- RJ Nutter: Sure. I'm happy to. First of all, I didn't point this out as much as I should have, but in addition to the conservation areas, the area you see that's outlined with the streets there, comprises about 21.496 acres. Within that acreage, we have about 6.27 acres of open space. And it was done intentionally, not only for the park perception, but also we wanted to preserve as many trees on the site as we could. And in fact, we did some tree surveys. We found, actually, some trees that really make some sense in trying to save. And it's one thing you know about Mr. Frye's developments is they go around trees. They try not to disrupt. RJ Nutter: If you've been driving around Cavalier, for instance, you'll see that the trees are given the right of way, almost, over the right of ways. That's one of his styles of his development. But there's tree preservation going on in those areas. There will be some tree loss, I can't mislead you, because it's a heavily wooded site. But on the other hand, we're preserving far more areas, almost three to one areas, what we're disturbing in this. Because we have about 70 acres of conservation area. Of the 21 acres, we have 6.27 inside of that, that are preserved as well. Jack Wall: Okay. Also the buffer on Princess Anne Road. It looks like you're preserving some of the material landscaping plus, like a setback from- RJ Nutter: It really is. I'm glad you pointed out because one of the things, it was in the design process, which was exhaustive, because it kept getting better. And that was one of the things we added just from the last year, was this elongated feature that's about 50 foot wide, runs the entire length of it. And we did it because we didn't want people's lot lines, or excuse me, we didn't want there to be any development along in that area. We want those homes to face out onto that feature. And when you're driving in Princess Anne Road, we wanted to see just the front of the houses behind those trees and behind that green space area. RJ Nutter: And if you notice the other important features, the only entrance of the property is right by the Courthouse, Princess Anne Road. And if you look, when you come in there, you're going to see a park there. You're going to see a park. So you won't see the houses until they're almost way down here at the end. It's really by design. It was intended to be, when you come into this, you're going to see is really cool green area with houses back in the sides. So all that was by design. 6 RJ Nutter: And we appreciate, also, the Planning Department and not just Public Works as well, and Public Utilities. Because when you do something different, you got to run into a lot of rules that are based upon things that we used to do 30, 40 years ago. So there's no surprise there some variances involved in this to make it work. But because we made it work at East Beach and Cavalier, we know it can work here as well. RJ Nutter: Yes sir. And if I could, I'd like to also thank Mr. Inman, and I'm sorry Dee's not here, for your service, along with everyone else,just like Eddie said. They will be sorely missed. It'd be nice to see you without having to worry about me running into gym asking about something about on Planning Commission agenda. But at the same time, I really appreciate all the service you've done, Mike. I'm sorry Dee's not here to personally thank her as well. Mike Inman: Thank you. RJ Nutter: And, David, congratulations. You must have done another year or so. That's good news. But anyway, I'm sorry. Any other questions? Jack Wall: Anybody else? John Coston: I've got one quick question. We discussed the addition, the driving space for the emergency apparatus. Can you point those out for me? RJ Nutter: Yeah, I didn't do that. Thank you very much. One of the things we did early on in this process was to meet with the Fire Department because whenever you have alleyways and smaller streets and things of that nature, you got to make sure emergency vehicles can access the property. I hope this works. Is this the one? Let's see. I'll try this one. RJ Nutter: This one? Oh, it's on? Okay. Oh yes. Good point. It's on. Okay. Here we go. In addition to what we did, we designed these roads, so they obviously could accommodate emergency vehicles. But of course, Fire Department said, "We need more than just that access way." So along these portions here, let me show you, here and here and here and here. In addition to these alleyways, they have subterranean features built in so that the trucks, fire trucks can maneuver and stay there. They'll look green, but between the area, the alleyways and those walkways, it's going to be those subterranean features. The fire trucks be able to maneuver in there. 7 RJ Nutter: We've used this at multiple locations. Westminster Canterbury has it around their properties where it looks green, and their trucks can get around the buildings. But I'm glad you asked that, Mr. Coston. In fact, he put a lot of time in effort it into this application and wanted to make sure that was covered. So, I'm glad you brought that up, Mr. Coston. Yes, sir. John Coston: Thank you. RJ Nutter: Thank you. My pleasure. Jack Wall: Thank you. Anybody else? Okay. Thank you, Mr. Nutter. Jack Wall: We call the first speaker. Madam Clerk: We have no speakers. Jack Wall: We have no speakers. Okay. In that case, then I'm going to open it up for a discussion. Mr. Bradley. David Bradley: Well, I live about a mile or two from here, and I'm biased, but I think this is one of the prettiest areas in the city as you drive down Princess Anne Road, as you're approaching the municipal center. And I think this development's really going to add to this area of the city. One of things that I'm on as being a Planning Commissioner is the Transition Area Subcommittee. I was now out on the subcommittee when this was reviewed, but it was recommended by that committee as something to move forward. David Bradley: I think with Nimmo Parkway being built several years ago, that's going to take the traffic pressure off this area. There was a lot of traffic. I think we've all seen that before, as you would approach the municipal center on a workday. I think the development is beautiful, will be unique. And I think it's going to add to the municipal center area, which I think will be complimentary. I think over 50% of the property is going to be open space. It's already been pointed out, some of the neat conservation areas in there. They're going to help with the city trail that's going to be coming from Foxfire, and also a trail head near the parking lot over here. So, to me, I see a lot of positives with this. And I'm going to be voting yes on it. Jack Wall: Okay. Thank you. Sure. Great. 8 Whitney Graham: I just want to add a little bit. I agree with Mr. Bradley. I think it's very well thought out. It's a shame we don't have more projects like this in the city. I think it's just really well done. And I think that the developer and their consultants did a good job of coming up with a design that, I think, really, like you said earlier, checks a lot of boxes. So that's all I have. I'll be supporting it. Jack Wall: Okay. Mr. Horsley. Donald Horsley: I just want to say that this project has been a long time coming. I don't know. I said this this morning, maybe 15 years. Or it maybe been 20 years ago since they started trying to do something with these properties down here, and a lot of different ideas came up. And I think different ones, but the willingness of the people to be patient and get this thing right. The landowners adjoining these properties together, I think is something like 10 different parcels that have been put together. And that's a hard thing to do in itself. And to get it done, and then to come with a quality project like this right here at the courthouse, this is the cornerstone of the city as far as I'm concerned. So I'm real proud of this project, and I will be supporting it also. Robyn Klein: My turn? Okay. Jack Wall: That's fine. Robyn Klein: I think the project is gorgeous. The renderings are beautiful. I would love to live in one of those houses one day. And if this was just regular bare green space, I don't think I would have a problem with it. But we just voted to spend half a billion dollars on flood mitigation. And those are all mature trees. And 75 homes that are in the upper income bracket, who you can put your mother-in-law in there. You can rent to a college student. I can't say what's going to go in there, but that's not enough for me to lose the environmental benefits of the mature trees. And so I will be voting against it. Jack Wall: Okay. Thank you. Mr. Redmond. Dave Redmond: Mr. Chairman, I move approval of agenda item number six. Jack Wall: Okay. Before you, is there anybody else to speak on, who wants to say anything? I've got one thing, though, before we'll get to that. Just a couple things. My opinion, I think they did a great 9 job with the application, maintaining open space and mature landscaping, the green space. I think the architectural features blend with the Courthouse District unique site layout that preserves the open space and limits the impervious footprint. I trust the stormwater review that's been done has been appropriate. And I trust the additional review that's going to be done through site development process will be just as thorough. Jack Wall: The transportation. There was some opposition in terms of written opposition, mostly based on transportation. Certainly, it's going to add trips. You add homes, it's going to add trips. But I think it's going to be minimal impact to traffic at that a corridor. So I'll be supporting. Mr. Inman. Mike Inman: Well, let me just add, this is obviously a challenging piece of property, but it is a piece of property that our fellow citizens own. And if they're able to develop it in a responsible way, they deserve the opportunity to develop it. No one could possibly have gone much further in planning, and the sensitivity of their planning, has been an incredible, obviously. And it's taken quite a while to do it. And in this day and time, all of us, I think, are well aware that stormwater management has very high degree of requirements now. Far more than ever before. Some more than some of our civil engineers' think is even reasonable. So, they have to meet all those criteria at this point in time, and apparent they can. So, it's a great project to support. Jack Wall: Okay, Mr. Redmond. Dave Redmond: Actually, I would yield to Mr. Bradley. Jack Wall: Okay. David Bradley: I would move that we approve agenda item six, the Conditional Rezoning of this. Jack Wall: Okay. Dave Redmond: Second. Jack Wall: Okay. All right. Madam Clerk: That was a motion by Mr. Bradley, and a second by Mr. Redmond? 10 Jack Wall: Yes. Madam Clerk: Okay. Thank you. Vote is open. By recorded vote of eight in favor, one against agenda item number six has been recommended for approval. RJ Nutter: Thank you all very much. Jack Wall: Thank you. Kay Wilson: And note the one abstention as well. Madam Clerk: No, he's absent. Mr. Weiner is absent. Jack Wall: For the record, we'll note that Mr. Weiner left the meeting at the time so there was no extension. He was no longer sitting at the board. Madam Clerk: Okay, thank you. AYE 8 NAY 1 ABS 1 ABSENT 1 Alcaraz AYE Bradley AYE Coston AYE Graham AYE Horsley AYE Inman AYE Klein NAY Oliver ABSENT Redmond AYE Wall AYE Weiner ABSTAIN 11 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 lot dimensions, setbacks, height and other development criteria set forth in the City Zoning Ordinance shall be as set out in the attached exhibit entitled Princess Anne Village Residential Development Criteria dated August 25, 2021 (the "Development Criteria"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. The Development Criteria shall be in lieu of all corresponding criteria in the Virginia Beach Zoning Ordinance applicable to the R-10 zoning district. Proffer 2: When developed,the project shall be developed in substantial conformity with the conceptual site plan consisting of 3 pages entitled "Conceptual Site Plan with Context", "Conceptual Site Plan" and "Program and Parking"dated May 28th, 2021, (the"Concept Plan"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. Proffer 3: When developed, the number of single-family residential homes located on the Property shall not exceed a total of 73 homes and 16 Garage Apartments. Proffer 4: Residential structures constructed on the Property shall be in substantial conformity with the conceptual architectural renderings consisting of 2 pages entitled Home Styles, Princess Anne Village, "Elevations", 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 which have been approved by the Virginia Beach Historical Review Board on July 18, 2018. Proffer 5: When developed, access to the Property from North Landing Road shall be landscaped and contain a monument-styled freestanding sign substantially as shown on exhibit entitled "Monument Sign", a copy of which has been exhibited to the Virginia Beach City Council and is on file unless modified by the Virginia Beach Historical Review Board with the Virginia Beach Department of Planning. 12 Proffer 6: When developed the entrance open space areas shall be in substantial conformity with the elevation entitled "Entrance Way" dated June 4, 2021, a copy of which has been exhibited a copy of which has been exhibited to the Virginia Beach City Council and is on file unless modified by the Virginia Beach Historical Review Board with the Virginia Beach Department of Planning. Proffer 7: When developed, there should be a pedestrian trail system on the Property and that will connect to the adjacent City trail system as shown on the concept plan. Proffer 8: When developed, a linear open space area along Princess Anne road within the residential zones will be subdivided as shown on the elevation site plan entitled "Linear Open Space", dated June 4th, 2021, a copy of which has been exhibited to the Virginia Beach City Council and is on file unless modified by the Virginia Beach Historical Review Board with the Virginia Beach Department of Planning. Proffer 9: When developed, the Applicant will construct turn lanes at the vehicular entrance to Princess Anne Village substantially as shown on the Concept Plan. Proffer 10: When developed, the street widths, curb heights, centerline radii, rear lane, rear alley street signage and trail widths shall be developed in substantial conformity with the 2-page exhibit entitled "Thoroughfare Types" dated May 28th, 2021, a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. Proffers Relating to the Conditional B-2 Portion of Princess Anne Village: Proffer 11: Vehicular access to the portion of the Property zoned Conditional B-2 shall be from the road system within Princess Anne Village and not directly from the North Landing Road. Proffer 12: When developed, only the following uses shall be permitted on the Property zoned Conditional B-2: Restaurants with no drive-through, office, and retail. Proffer 13: The height of any principal structure on the Property zoned Conditional B-2 shall not exceed 45 feet. The exterior design and building materials shall be complimentary to the building materials and architectural designs of the homes in Princess Anne Village and shall be subject to approval by the Virginia Beach Historic Review Board. 13 Proffer 14: Any freestanding sign on the portion of the Property zoned Conditional B-2 shall be a monument style sign, externally lit, and shall not exceed 8 feet in height. The final design and building materials of any freestanding sign shall be subject to approval of the Virginia Beach Historic Board. Proffer 15: Further conditions lawfully imposed by applicable development ordinances may be required by Grantee during detailed site plan and/or subdivision review and administration of applicable City Codes by all relevant City agencies and departments to meet all applicable City Code requirements. Proffer 16: All references hereinabove to zoning districts and to applicable regulations refer to the Zoning Ordinance of the City of Virginia Beach, in force as of the date the conditional zoning amendment is approved by Grantee. 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. 14 From:Carol Nottingham<ecwhitell@gmail.com> Date: December 6, 2021 at 12:35:04 PM EST To:dbradley36@cox.net Subject:Objection to development @ Princess Anne& Holland Rds. Mr. Bradley- I live in Courthouse Estates,and wish to express my opposition to the proposed development at Princess Anne and Holland Rds.The housing density, in particular,will overtax the narrow roads,and add significantly more impermeable surfaces,which will lead to increased flooding. It makes no sense for city taxpayers to fund flood mitigation projects while allowing developers to pave over existing natural land. Carol Nottingham From: Lisa Clarkson<lisa@lisaclarkson.com> Date: December 8,2021 at 10:44:23 AM EST To:dbradley36Pcox.net,galcarazvbpc@icloud.com,wgrahamVBPCPicloud.com, horslev don@yahoo.com,mainman@inmanstrickler.com, branch.oliver@gmail.com, dredmondvbpc@icloud.com, iohnhcoston@gmail.com, RKleinVBPC@icloud.com, ickwall@aol.com, dweiner@batchelder-brick.com Cc: Nicole Garrido<NiGarrido@vbgov.com> Subject: Request for Denial of Princess Anne Village meeting today, Dec.8 at Noon Commissioners, As a resident of the Princess Anne District who lives downstream, below the line, in the Southern Services District wherein city water and sewer are not provided -- I respectfully request this proposal be denied until: - The City updates the TMDLs downstream -- including the load requirements for any additional pumps necessary for this development, and their effect on the downstream water supply. - The downstream water sources are restored and no longer impaired; and the water quality is sufficient to supply current residential wells; or, the City has extended water and sewer to all residents downstream. - The necessary studies are conducted to account for the current conditions wherein the SRWMO has not been enforced since 2017 resulting in the removal/destruction of hundreds of acres of forested wetlands, impacted soils, filled drainage ditches, increased loads, altered hydrology, and contaminated waters/soils downstream. - USACE input and approval. - A habitat assessment is conducted. Of further concern: This proposal is in a 2015 FEMA flood zone in the SRW where the Dewberry study specifically indicates the flooding is grossly underestimated. I sincerely apologize for contacting you this close to your vote as I just became aware this was on your calendar today. Thank you for taking the time to read this email. Please excuse the brevity and grammar of this email as it was sent from a mobile device. Sincerely, Dr. Lisa M. Clarkson Of Counsel, Executive Director . SFF Conservation Initiative, Inc. 501(c)(3) "What will you leave your seventh generation?" http://www.sffconservationinitiative.orq (757) 301-8822 office (757)450-3329 cellular From:Jim White<jim@jimwhitefit.com> Sent:Thursday,January 13, 2022 10:26 AM To: Ashby Moss<Amoss@vbgov.com> Subject: City Council Deferral LAUTION This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. Ashby, I would like to defer the upcoming city council meeting on January 18th, 2022 to February 15th, 2022. Upon receiving a late notice that I had an objection to my case in the middle of the planning commission meeting I would like to defer the CC meeting to have an opportunity to work this matter out with the interest of the other party beforehand. Also to prepare more time for my case. Thank you. Jim White property owner of 407A 18th Street,Va Beach,Va 23451 10R OR OR treat ___._--1111 Ago s \ '\ ,, ,,,, street r- OR �. OR A90SO\ 1 1 Ili , \ iii,==0 \ 00 I to 01.dmii0 1 ,„,--""--. , -,,- -- c: , ___ OR D A �. OR OR eet ' OR AgthstrElf‘___)f----R 'Will \ co Vi , -reet�f- Iii O R 1111.1 -WA `, Irsz street - 7P OR- 18th co OR sz cs OR co •1� N KA Site James D. White Revocable Living Trust W ' - 407 18th Street, Unit A Property Polygonss Zoning Building - Feet n 7n An A 1')n 1Rn onn ' Afl Ntij c F.; CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: JAMES D. WHITE REVOCABLE LIVING TRUST [Applicant & Property Owner] Conditional Use Permit(Short Term Rental)for the property located at 407 18th Street, Unit A (GPIN 24270763310001). CURRENT COUNCIL DISTRICT — BEACH (FUTURE COUNCIL DISTRICT — DISTRICT 6) MEETING DATE: January 18, 2022 ■ Background: The applicant is requesting to operate a three-bedroom Short Term Rental unit located at 407 18th Street, Unit A. The 11,124 square foot site is within the boundaries of the Oceanfront Resort Short Term Rental (OR STR) Overlay District and is zoned Oceanfront Resort (OR). The property contains four dwelling units, one of which received a Conditional Use Permit for a four-bedroom Short Term Rental in 2020 (Unit D). The minimum number of parking spaces required for a Short Term Rental is one per bedroom, or three spaces in this instance. This application was originally heard at the November 2021 Planning Commission Public Hearing and was recommended for approval by a 10-0 vote. Due to an error with the legal advertisement, the application was required to come before the Planning Commission a second time. • Considerations: The site is located within the ViBe Creative District, which includes a myriad of commercial and residential uses with an emphasis on arts and culture. In addition, the property is within four blocks of the public beach of the Atlantic Ocean. The applicant's parking plan depicts one required off-street parking space inside of the unit's two-car garage, and the two additional required parking spaces will be leased off site at 335 Virginia Beach Blvd, approximately 515 feet from subject parcel. As permitted by Section 241.2(1) of the City Zoning Ordinance, the Zoning Administrator reviewed the parking plan and deemed it acceptable. In addition, the requirements of Section 241.2 of the Zoning Ordinance pertaining to Short Term Rentals can be reasonably met by the applicant. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. The applicant received three letters of support from the owners of the three other units on the property. There is no known opposition to this request. James D. White Revocable Living Trust Page 2 of 5 • Recommendation: On November 10, 2021, the Planning Commission passed a motion to recommend approval of this request by a vote of 10-0, with 1 abstention. The following conditions shall only apply to the dwelling unit addressed as 407 18th Street, Unit A, and the Short Term Rental use shall only occur in the principal structure. 1 . An annual (yearly) STR Zoning Permit must be obtained from the Department of Planning and Community Development(Zoning Administration) before using the dwelling for Short-Term Rental purposes. 2. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 3. The garage space within the unit must remain a minimum of 9-feet by 18-feet, contain a minimum 8-foot wide vehicle entryway opening, and shall remain free of materials to ensure vehicular accessibility to the Short Term Rental tenants. 4. Two (2) parking spaces, at a location subject to approval by the Zoning Administrator, shall be available for use by the Short Term Rental occupants at all times. 5. For properties located within the boundaries of the Residential Parking Permit Program (RPPP), while the Short Term Rental use is active, parking passes issued for the subject dwelling unit(s) through the RPPP shall be limited to two (2) resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 6. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 7. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 8. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions James D. White Revocable Living Trust Page 3 of 5 occurring at the Short Term Rental within thirty (30) minutes and to be physical present at the Short Term Rental within one (1) hour. 9. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a. A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b. Copies of the Commissioner of Revenue's Office receipt of registration; and c. Proof of liability insurance applicable to the rental activity of at least one million dollars. 10.To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 11.There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23- 71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 12.All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31- 28. 13.Accessory structures shall not be used or occupied as Short Term Rentals. 14.No signage shall be on-site, except that each short term rental shall have one (1) four-square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 15.The Short Term Rental shall have no more than one (1) rental contract for every seven (7) consecutive days. 16.The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 17.There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. James D. White Revocable Living Trust Page 4 of 5 18.The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 19.The property owner, or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Such inspection shall include: 1) At least one fire extinguisher has been installed inside the unit (in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in affect at the of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, and 3) All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. 20.Properties managed by Short Term Rental Companies certified by the Department of Planning shall only be required to be inspected every three years. The inspection for compliance with the requirements above shall be performed by the Short Term Rental management company and be documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. 21.Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors. The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. 22.A structural safety inspection report shall be provided to the city every three (3) years indicating all exterior stairways, decks, porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect) and are safe for use. The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks, porches, and balconies must be posted on each level of these structures. • Attachments: Staff Report and Disclosure Statements Location Map STR Vicinity Map Minutes of Planning Commission Hearing Letters of Support (3) James D. White Revocable Living Trust Page 5 of 5 Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Depart ent/Agency: Planning Department 0 City Manager: Applicant & Property Owner:James D. White Revocable Agenda Item Living Trust Planning Commission Public Hearing:January 12, 2022ABCity Council Election District Beach Virginia Beach Request Conditional Use Permit (Short Term Rental) Staff Recommendation7 5t sue' Approval �0�ee ghM S�e<t en Su"' et /� � q4m Ha 2 <t :. eSue<t zyd 5trt< 3d H Staff Planner 2,p5t••► m 22np5,«e` Brandon Hackney - •--- 1 sV e.t kith stn• z,s '$ Location 284-- 407 18th Street, Unit A $/ \9tn5„.., \, — Ili I�.. ,Eth s"" of „oh a' • 1 . G P I N - a n go of<, 24270763310001 7 V9`h1.6e lstn gl eel 0� Site Size 2 t s . 11,124 square feet G;ao5 <t°s. 1 ,�tn y,e - Fool ,24,, t 1 tth 5veet A �i 110 t �Ne Existing Land Use and Zoning District 21n _ t 10t„ ` t Multi-family dwelling/OR Oceanfront Resort Surrounding Land Uses and Zoning Districts North • Multi-family dwellings/OR Oceanfront Resort } ii South 18th Street •• t tNk Commercial towing company/OR Oceanfront = Resort East A. Office/OR Oceanfront Resort West v. Duplex/OR Oceanfront Resort is, a V. -c 4011 ,+c James D. White Revocable Living Trust Agenda Item 18 Page 1 Background & Summary of Proposal Site Conditions and History • This application was originally heard at the November 2021 Planning Commission Public Hearing and was recommended for approval by a 10-0 vote. Due to an error with the legal advertisement, this application is required to come before the Planning Commission again. • This parcel is 11,124 square feet and zoned OR Oceanfront Resort. • According to City records,this three-bedroom home was constructed in 2008. • Unit A is one of four dwelling units located on the property. • In 2020, Unit D was approved for a Conditional Use Permit for a four-bedroom Short Term Rental. • This application is for Unit A, which has three bedrooms. • This site is located in the ViBe Creative District and is approximately 0.3 miles from a public beach access. • Staff inspected the site on July 8, 2021 to observe site conditions and take photographs for this report. • According to the applicant,this property was not used for Short-Term Rental purposes prior to July 1, 2018; therefore, a Conditional Use Permit for the Short Term Rental use is required. • Known Short Term Rental activity as of 09/12/2021: CURRENTLY ADVERTISED LAST KNOWN RENTAL REGISTERED WITH THE COMMISSIONER OF THE REVENUE No N/A No James D. White Revocable Living Trust Agenda Item 18 Page 2 Short Term Rentals in the Vicinity iiitItt__! \' 1 ,\\ ----4----- A.' ;1 -- �. 3 Vest IS I St" '* 0 '''Cci . wo ---------:--Si - - . Short Term Rentals 111 ` I��1 ' 1. E E mu E�, 0 O CUP sinus '- 1 Summary of Proposal The applicant submitted a Conditional Use Permit request to operate a Short Term Rental on the subject site.The regulations for Short Term Rental use are identified in Section 241.2 of the City Zoning Ordinance. Specific details pertaining to this application are listed below. • Number of bedrooms in the Short Term Rental:3 • Maximum number of guests permitted on the property after 11:00 pm: 6-As required in condition 19 • Number of parking spaces required (1 space per bedroom required):3 • Number of off-street parking spaces provided: 3* *2 parking spaces will be leased at the parking lot for Beads and Rocks, located 0.2 miles from the subject property at 335 Virginia Beach Boulevard. James D.White Revocable Living Trust Agenda Item 18 Page 3 voi too w vw Zoning History / # Request 1 CUP(Short Term Rental)Approved 06/09/2020 2 CUP(Automobile Museum)Approved 12/07/2010 ups , OR Application Types CUP—Conditional Use Permit MODC—Modification of Conditions STC—Street Closure SVR—Subdivision Variance REZ—Rezoning MODP—Modification of Proffers FVR—Floodplain Variance LUP—Land Use Plan CRZ—Conditional Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental Evaluation & Recommendation The request for a three-bedroom short term rental is acceptable. There are two driveways, one running along each shared property line with the adjacent sites. Units A and D share one driveway,while Units B and C share the other driveway. Since the driveway is shared by two units, no parking on the driveway by the occupants of Unit A is permitted as it would block full driveway access to Unit D. The applicant has submitted a parking plan that depicts one parking space provided for Unit A on-site in the two-car garage, as permitted per Section 203 of the Zoning Ordinance. As a minimum of three parking spaces are required,the applicant also submitted proof of a parking agreement with the property owner of 335 Virginia Beach Boulevard to lease two parking spaces,thus ensuring that the parking requirement is met. As allowed under the provisions of the Zoning Ordinance,the Zoning Administrator reviewed and approved the use of the two-car garage for one of the three required off-street parking spaces as well as the applicant's proposal to lease the remaining two parking spaces from the property owner of 335 Virginia Beach Boulevard. Thus,the requirements of Section 241.2 and Sections 2303 of the Zoning Ordinance regulating Short-Term Rentals can be reasonably met by the applicant. As the proposed Short Term Rental use is within the boundaries of the Residential Parking Permit Program (RPPP) where parking is limited, a condition is recommended to limit the number of guest and temporary passes while the Conditional Use Permit is active.This program was established to ensure the protection of stable residential neighborhoods while addressing the need for employee parking for businesses at the oceanfront. Three letters of support have been received from the property owners of the other three units within the multi-family building. Based on the considerations above, Staff recommends approval of this request with the conditions listed below. James D. White Revocable Living Trust Agenda Item 18 Page 4 Recommended Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 407 18th Street Unit A,and the Short Term Rental use shall only occur in the principal structure. 2. An annual (yearly)STR Zoning Permit must be obtained from the Department of Planning and Community Development(Zoning Administration) before using the dwelling for Short-Term Rental purposes. 3. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii)of the City Zoning Ordinance or as approved by City Council. 4. The garage space within the unit must remain a minimum of 9-feet by 18-feet,contain a minimum 8-foot wide vehicle entryway opening, and shall remain free of materials to ensure vehicular accessibility to the Short Term Rental tenants. 5. Two(2) parking spaces, at a location subject to approval by the Zoning Administrator,shall be available for use by the Short Term Rental occupants at all times. 6. For properties located within the boundaries of the Residential Parking Permit Program (RPPP),while the Short Term Rental use is active, parking passes issued for the subject dwelling unit(s)through the RPPP shall be limited to two (2) resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 7. This Conditional Use Permit shall expire five (5)years from the date of approval.The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however,the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints,violations of its conditions or violations of any building, housing, zoning,fire,or other similar codes. 8. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two(2)) on the property where the Short Term Rental is located.This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 9. The owner or operator must provide the name and telephone number of a responsible person,who may be the owner, operator or an agent of the owner or operator,who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes and to be physical present at the Short Term Rental within one(1) hour. 10. If, or when,the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements'a'through 'c' below.This information must be submitted to the Planning Department for review and approval.This shall be done within six(6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b) Copies of the Commissioner of Revenue's Office receipt of registration;and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 11. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 12. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise),31-26,31-27 and 31-28(solid waste collection), 12-5(fires on the beach), 12-43.2 (fireworks),and a copy of any approved parking plan. James D. White Revocable Living Trust Agenda Item 18 Page 5 13. All refuse shall be placed in automated refuse receptacles,where provided, and comply with the requirements of City Code sections 31-26,31-27 and 31-28. 14. Accessory structures shall not be used or occupied as Short Term Rentals. 15. No signage shall be on-site,except that each short term rental shall have one(1)four-square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator,that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 16. The Short Term Rental shall have no more than one (1) rental contract for every seven (7)consecutive days. 17. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 18. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 19. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom,which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three(3). 20. The property owner,or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Such inspection shall include: 1)At least one fire extinguisher has been installed inside the unit (in the kitchen)and in plain sight 2)Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in affect at the of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms,and when activated, be audible in all sleeping rooms, and 3)All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. Properties managed by Short Term Rental Companies certified by the Department of Planning shall only be required to be inspected every three years.The inspection for compliance with the requirements above shall be performed by the Short Term Rental management company and be documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors.The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. 21. A structural safety inspection report shall be provided to the city every three(3)years indicating all exterior stairways, decks, porches,and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect) and are safe for use.The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways,decks, porches,and balconies must be posted on each level of these structures. 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. James D.White Revocable Living Trust Agenda Item 18 Page 6 The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on December 13, 2021. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, December 26, 2021 and January 2, 2022. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on December 27, 2021. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of www.vbgov.com/pc on December 6, 2021. James D. White Revocable Living Trust Agenda Item 18 Page 7 Site Layout & Parking Plan • 20' ALLEY (ma 8, P. 5) j i,i i f;7/C FAD\ \ F. - /, /' \�` A�� I,( Unit C Unit D -3-bedroom 1 �ff �+i• )) V 4-4 .•♦❖♦•♦ 1 condominium 1 f1 :::; 11 -1 parking space provided Ri1;fi;r1 ::44 on-site r1>,1 1`WZ I:• 1 '41I1 O R -2nd & 3rd parking spaces f�1011f SSA• : ; jfij71� r'k• •• ♦ r 1 1 Unit r4 c PAo-�:::::� 403 18th Street Leased off site at Jr'? �.00•• 335 Virginia Beach Blvd 1 B ;::;$ c ,�♦ .•. In f / A/c PAD'♦b•♦•♦ . .❖ „I i ik ❖44 ifff R nitA 1 -. : :: 1 " 1�f 1 - oo•♦a•. 11 1. Irre•V• er 1:i:el - d9� S 76'15 13 W 80.00 yr, (Iv. I.) a� ,• ?WOW TO P.4 0f •;i ti.t , -1-• I') ARCTIC AYE 18th Street James D. White Revocable Living Trust Agenda Item 18 Page 8 Proposed Off-Site Parking I Off Site Parking ; 335 Virginia Beach Blvd 2 Reserved Parking Spaces St kv- , ‘. • rt4 ilil r 407-A 18th St STR i g i �� a �t is = . 1 �4,.+.+,If .1 ` w e \ + L., ili - '.., k" J - "'"'' _ i- • .. .- • , ' aI rg , - « , .... ik- lik ; _ Two Off-site parking spaces at 335 Virginia Beach Blvd James D. White Revocable Living Trust Agenda Item 18 Page 9 Site Photos .,H z .—.:....*,.-.„,., Li1 __;-1:f_.: I.____aN_,. ,. , . . ...,4_-.., •it _ ._ i s-ii.ii: I.-..7.11 • om`... = — _ ,.__, • O:I -ifif R 1 _ — `'\ lag ...ci ill t 1 .`,� I, r sI 0,— �. \ , i d IIIJ 1 I <, , ' _ I _ i til IiM A. N �'`� "fir r • James D. White Revocable Living Trust Agenda Item 18 Page 10 Disclosure Statement Disclosure Statement Ce•oft .,:N__;- Planning&Community- Ikyvelopment • The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board,commission or other body. Applicant Disclosure Applicant Name James D. White Revocable Living Trust Does the applicant have a representative? ■Yes 0 No • if yes,list the name of the representative. Krista White Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?•Yes ❑ No • if yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) James White,Trustee • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity.relationship with the applicant. (Attach a list if necessary) N/A "Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101 1"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§223101. 1l James D. White Revocable Living Trust Agenda Item 18 Page 11 Disclosure Statement Disclosure Statement \\43 r,rd dN.a+Bmd Planning&Community Development Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes No • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ■Yes ❑No • If yes,identify the financial institutions providing the service Wells Fargo/Townebank 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes ■No • If yes,identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?U Yes ❑ No • If yes,identify the firm and individual providing the service Jones CPA 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes In No • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?❑Yes NI No • If yes,identify the purchaser and purchaser's service providers 21 James D. White Revocable Living Trust Agenda Item 18 Page 12 Disclosure Statement Disclosure Statement V13 ('✓r nr4'Ftlaao&rh Planning&Community ;l' Development 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?❑Yes No • If yes,identify the company and individual providing the service. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?❑Yes MI No • If yes,identify the firm and individual providing the service. 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?❑Yes No • If yes,identify the firm and individual providing the service. Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,1 am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public or committee in connection with this applcation. Appi t Sig ature lames White,Trustee Print Name and Title 5/18/21 Date Is the applicant also the owner of the subject property? ■Yes ❑No • if yes,you do not need to fill out the owner disclosure statement FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications No changes as of Date 01/06/2022 Signature /a Brandon Hackney 31 James D. White Revocable Living Trust Agenda Item 18 Page 13 • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • 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. James D.White Revocable Living Trust Agenda Item 18 Page 14 Q I— z D LLJ ,--- 1\ 11 :1_____,I):\' ''. ...? ------Ta---......-1,),\------ LLJ H t� t1 `fit f ' 0 r----A 1011101111--- \\11111114111111. 4\- ''. ------ < 4 ,�'a wig *,,, „viol �2 Is Ow. DC -� ` '''S s pc 6ca00 Jillo ,,,,,•1 ' ' 0 _ - 010 l — ea cc LJ.J U .... A wilir.. \r, „Ahe0 '' — Z Olt' ''010 •II' ' ,, CC 6 w rvV ---'•_r1r OS\ c �N a ram L i' J \ Ilk y- a�= Olt 11\ N r2 1" r' 't _ o t ti� - L ' a i (/') ~N ,! — N I l U Al 1 1 1 �' • 2 Q Virginia Beach Planning Commission November 10, 2021 Public Meeting Agenda Item # 16 James D. White Revocable Living Trust [Applicant & Property Owner] Conditional Use Permit [Short-Term Rental] 407 18th Street RECOMMENDED FOR APPROVAL—CONSENT Jack Wall: Thank you. That was the end of the items on the regular Consent Agenda. There is one Short- Term Rental on the STR Consent Agenda, and that is James D. White Revocable Living Trust for Condition Use Permit at 407 18th street. I think that's... And these... You're good. Yeah, you're fine, you can come up here. The Planning Commission places, this application for Condition Use Permit for Short Term Rental on the Consent Agenda, as it meets the applicable requirements of section 241.2 of the Zoning Ordinance, staff supports the application and there's no known opposition to the requests. Mr. Chairman. That's the last item on the regular and the STR Consent Agenda. I make a motion that we approve agenda items two, three, four, five, 11, 13, and 15. And on the short term rental agenda, number 16. Michael Inman: Sorry. David Weiner: Oh yes sir, Mr Inman. Michael Inman: I need to make a disclosure pursuant to the state and local government conflicts of interest act in that these following agenda items have been financed or maybe financed by Towne Bank. That is number nine, Winner's property, 13, Atlantic Development Associates, 16, James D. White. Some of these will come up later in this meeting. As such I have made this disclosure. I serve on the Advisory Board for Towne Bank, which makes no loan decisions. And I believe I can participate fairly and objectively in the public interest. And I will vote on these items. David Weiner: Mr. Redmond. Dave Redmond: 1 Mr. Chairman, I'd like to make a disclosure of my own. I have a letter on file with the City Attorney's office. I have a client in the travel industry and some time ago I disclosed pursuant to the Conflicts of Interest Act that Mike just mentioned. I am unable to vote on either individual applications for short term rentals or for any ordinances that apply to short term rentals. So when I vote on these yeah, on these consent items, I am excluding the short term rental application from my vote. Thank you. Sounds good. Jack Wall: Mr. Graham, Whitney Graham: I, like Mr. Inman, am making a statement, in accordance with state and local government Conflict of Interest Declaration the following items that are on the agenda. Number nine, Winner's properties, LLC. Number 13, Atlantic Development Associates, and number 16, James D. White Revocable Living Trust. I serve on an Advisory Board at Towne Bank, which makes no loan decisions. And I believe I can participate in this transaction fairly, objectively and in the public's best interests. I intend to participate in the vote. David Weiner: Okay. Thank you anymore?All right. We have a motion by Mr. Wall and second by Mr. Horsley, for the Consent Agenda. Madam Clerk: The vote is open. By recorded vote of 11 in favor, zero against agenda items two, three, four, five, 11, 13 and 15 have been recommended for approval. By recorded vote of 10 in favor, zero against with one abstention, agenda item number 16 has been recommended for approval. AYE 10 NAY 0 ABS 1 ABSENT 0 Alcaraz AYE Bradley AYE Coston AYE Graham AYE • Horsley AYE Inman AYE Klein AYE Oliver AYE Redmond ABSTAIN Wall AYE Weiner AYE CONDITIONS: 2 1. The following conditions shall only apply to the dwelling unit addressed as 407 18th Street Unit A, and the Short Term Rental use shall only occur in the principal structure. 2. An annual (yearly) STR Zoning Permit must be obtained from the Department of Planning and Community Development(Zoning Administration) before using the dwelling for Short- Term Rental purposes. 3. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 4. The garage space within the unit must remain a minimum of 9-feet by 18-feet, contain a minimum 8-foot wide vehicle entryway opening, and shall remain free of materials to ensure vehicular accessibility to the Short Term Rental tenants. 5. Two (2) parking spaces, at a location subject to approval by the Zoning Administrator, shall be available for use by the Short Term Rental occupants at all times. 6. For properties located within the boundaries of the Residential Parking Permit Program (RPPP), while the Short Term Rental use is active, parking passes issued for the subject dwelling unit(s)through the RPPP shall be limited to two (2) resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 7. This Conditional Use Permit shall expire five (5)years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 8. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight(number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 9. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes and to be physical present at the Short Term Rental within one (1) hour. 10. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 3 11. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 12. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 13. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 14.Accessory structures shall not be used or occupied as Short Term Rentals. 15. No signage shall be on-site, except that each short term rental shall have one (1)four- square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 16.The Short Term Rental shall have no more than one (1) rental contract for every seven (7) consecutive days. 17.The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 18. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 19. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 20.The property owner, or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Such inspection shall include: 1)At least one fire extinguisher has been installed inside the unit(in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in affect at the of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, and 3)All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. Properties managed by Short Term Rental Companies certified by the Department of Planning shall only be required to be inspected every three years. The inspection for compliance with the requirements above shall be performed by the Short Term Rental management company and be documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. 4 Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors. The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. 21. A structural safety inspection report shall be provided to the city every three (3)years indicating all exterior stairways, decks, porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect) and are safe for use. The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks, porches, and balconies must be posted on each level of these structures. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. 5 From: Krista White To: Summer J Peebles Subject: Letter of Support:Short Term Rental-407 18th Street,Unit A;Virginia Beach,VA 23451 Date: Monday,June 7,2021 3:11:04 PM Attachments: irraoeUol.ora 24/00 t011ge00.120g 10 ..= 81182805.1109 CAUTION:This email originated from outside of the City of Virginia Beach.Do not click links or open attachments unless you recognize the sender and know the content is safe. J Letter of support for 407 A 18th Street from neighbors. ----Forwarded message----- From:Joshua Coe<jcoe(g)arwhorlg cora> Date:Mon,Mar 29,2021 at 3:12 PM Subject:Short Term Rental-407 18th Street,Unit A;Virginia Beach,VA 23451 To:Jim White<jnnjumwhitefit.com> Cc:Krista Embury<krista(g)jimwhitefit.coin>,Nathan Bolling<boiling nathan(g)gmail corn>,ljbrennemani gmail corn <jjbrenneman(gmail corn> To whom it may concern, I am writing this on behalf of myself,as Trustee of the Joshua and Kimberly Coe Joint Revocable Trust,which owns 407 18th Street,Unit D,and as President of the 18th Street Condominium Association. In both capacity as an owner and as president of the condo association,I give full consent and encouragement for Mr.White's unit,407 18th Street,Unit A,to function has a short-term rental. As the City of Virginia Beach is aware,this unit is located in the center of commercial activity("the Vibe District"),and further,it is located in a proposed overlay district that will presumably allow short term rentals. Also,the project that city has championed and authorized funding, the Dome Project is located one-half(1/2)block from these units. The Dome project will have a tremendous positive impact on our city;however, such project will make long-term rentals less than ideal at our location. Therefore,the logical and sensible solution for the City of Virginia Beach is to grant Mr.White's request and issue a Conditional Use Permit for 407 1801 Street,Unit A,to function as a short term rental. Please do not hesitate to contact me regarding this. All my best, lo.nciarj'Coe Joshua J.Coe,Esq. Managing Partner ANCHOR LEGAL — GROUP. P L l C — Phone.757-529-0000 Fax: 757-909-7241 Email:jcoeCg anchorla corn 5101 Cleveland Street, STE 100 Virginia Beach,VA 23462 www.anchorlevalarouo.com 6ulllo8 ePef _5 (--‘ 1,,er-0 -WA 6ulll08 UeyleN bEt.wir°\/ 'Alaiaouis slelua� WJal-3JOys J01 '6St7£Z VA 'yoea8 elul6.4n 'y llun laaJlS y181- LOti le awoy Jlayl 6ulsn ul allyM elsu)I pue wlf poddns '6ulllo8 apex pue 6ull1o8 UeyleN `eM 'OIIaH 1.S17£Z VA 'yoea8 elu46J1A 0 hull laaJlS yogi. LOb 6ulllo8 apef' '8 6ulllo8 UeyleN From: I(rsta White Tot Summer].Veffila Subject: Letter of Support!3 Dab: Sunday,lune 13,2021 3:37:22 PM !CAUTION:This email originated from outside of the City of Virginia Beach.Do not click links or open attachments unless you recognize the sender and know the content is safe. See below. Forwarded message From:Leland Brenneman<jjbrenneman@gmail com> Date:Mon,Mar 22,2021 at 7:10 AM Subject:Support To:Jim White<jimrd-jimwhitefit.com> Dear Jim White, I support your intention to use your property located at 407,18th St,unit A,in Virginia Beach for short term vacation rentals. Regards, Leland Brenneman Owner of property located at 407 18th St,unit B,Virginia Beach Sent from my iPhone Krista White Jim White Fitness 8 Nutrition Studios Jim White Workplace Wellness LIFT Fitness Foundation Jim White,Inc VB Studio 1848 First Colonial Road,Suite B,Virginia Beach VA 23451 757.422.4728 Norfolk Studio 1115 College Place,Unit A,Norfolk VA 23510 757.440.3200 'We've moved!Please note our new VB studio address. This document may contain infomation covered under the Privacy Act,5 USC 552(e),and/or the Health Insurance Portability and Accountability Act(PL 104-Toll and its various implementing regulations and must be protected in accordance with those provisions.Healthcare information is personal and sensitive and must be treated accordingly If this correspondence contains healthcare information it is being provided to you after appropriate authorization hem the patient or under circumstances that don't require patient authorization.You,the recipient,are obligated to maintain it in a safe,secure and confidential manner.Redisclosure without additional patient consent or as permitted by law is prohibited Unauthorized redisclosure or failure to maintain confidentiality subjects you to application of appropriate sanction If you have received this correspondence in error,please notify the sender et once and destroy any copes you have made. I ce O Ateki_ P�erneru :3 O l - t�art‘G N 0-__------- ,g1, ,______--------1-, cc o ~ 0 I : 00;01.--100000ipiiiii11\) ,_ 0 \ \ 1 P` �y a .,„--7__\ IId 1 \�✓0- N > 1 o °'. Wj=S. Q N %s I i ct O N j , a V a eug �, af � P J o 'Pc ; mN � CD 0 ----- - -A > „is /41 � ix O N N ` � s O co� N I \ in Q. CO N A - 0 s 0 � OPcc o0 10o N0\ii)) ` N s Ti OiCt Lo � / d Si Oc i' \- N O Q6 . j +r c. t1)1 400 O'M NI CDt, r s\ o N�z Q tcyczo 00 (.4\ ______---=- Oic oN a), \ \ 0 =v cn a N._ m MI 110 • CTI0N o Q _a S �HNNEIS. Irpt •S CITY OF VIRGINIA BEACH AGENDA ITEM 0 ITEM: 2508 PACIFIC AVENUE, LLC Conditional Use Permits (Short Term Rentals) for the property located at 2510, 2514, 2518, 2522, 2526 and 2530 Pacific Avenue (GPIN 24280072160000). CURRENT COUNCIL DISTRICT — BEACH (FUTURE COUNCIL DISTRICT — DISTRICT 6) MEETING DATE: January 18, 2022 • Background: The applicant is requesting to operate six, three-bedroom Short Term Rentals for a 9,004 square foot parcel zoned OR Oceanfront Resort. The maximum occupancy for guests on-site after 11 :00 p.m. is three persons per bedroom, or 18 persons in this case. On-street parking is not permitted along Pacific Avenue. The site is two blocks from the public beaches of the Atlantic Ocean in the resort area of the city, an area where Short Term Rental use is common. At the City Council briefing on January 4, 2022, Council requested information on when the building was constructed on the subject parcel. The Certificate of Occupancy was released for each of the structures in late 2021 . Council also questioned if the developer of the property is also the applicant of the Short Term Rental. It has been confirmed with the applicant that the developer of the property is currently the owner of all dwellings on the property and is the applicant of the Short Term Rental requests. • Considerations: The six, three-bedroom Short Term Rentals are required to have three off-street parking spaces per unit, totaling 18 parking spaces. Seven parking spaces can be accommodated on site by parking one vehicle in five of the units' two-car garages and then two vehicles in the driveway of unit 2510. An additional three on-site spaces are provided; however, these spaces are meant to be shared by occupants and their guests. The remaining eight required parking spaces will be leased from the 25th Street parking garage, which is within 0.25-miles from the property. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. There is no known opposition to this request. • Recommendation: On December 8, 2021, the Planning Commission passed a motion to recommend this item on the Consent Agenda, passing a motion by a recorded vote of 9-0, with 1 abstention, to recommend approval of this request. 2508 Pacific Avenue, LLC Page 2 of 5 1. The following conditions shall only apply to the dwelling unit addressed as 2510, 2514, 2418, 2522, 2526, 2530 Pacific Ave., and the Short Term Rental use shall only occur in the principal structure. 2. An annual (yearly) STR Zoning Permit must be obtained from the Department of Planning and Community Development(Zoning Administration) before using the dwelling for Short-Term Rental purposes. 3. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 4. The garage space within the unit must remain a minimum of 9-feet by 18-feet, contain a minimum 8-foot wide vehicle entryway opening, and shall remain free of materials to ensure vehicular accessibility to the Short Term Rental tenants. 5. All additional required parking spaces, at a location subject to approval by the Zoning Administrator, shall be available for use by the Short Term Rental occupants at all times. 6. For properties located within the boundaries of the Residential Parking Permit Program (RPPP), while the Short Term Rental use is active, parking passes issued for the subject dwelling unit(s) through the RPPP shall be limited to two (2) resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 7. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire, or other similar codes. 8. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 9. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes and to be physical present at the Short Term Rental within one (1) hour. 2508 Pacific Avenue, LLC Page 3 of 5 10.If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through `c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 11.To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 12.There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23- 71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 13.All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31- 28. 14.Accessory structures shall not be used or occupied as Short Term Rentals. 15.No signage shall be on-site, except that each Short Term Rental shall have one (1) four-square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 16.The Short Term Rental shall have no more than one (1) rental contract for every seven (7) consecutive days. 17.The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 18.There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 19.The maximum number of persons on the property after 11 :00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16, provided that in no case 2508 Pacific Avenue, LLC Page 4 of 5 may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 20.The property owner, or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Such inspection shall include: 1) At least one fire extinguisher has been installed inside the unit (in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in affect at the of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, and 3) All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. Properties managed by Short Term Rental Companies certified by the Department of Planning shall only be required to be inspected every three years. The inspection for compliance with the requirements above shall be performed by the short term rental management company and be documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors. The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. 21.A structural safety inspection report shall be provided to the City every three (3) years indicating all exterior stairways, decks, porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect) and are safe for use. The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks, porches, and balconies must be posted on each level of these structures. 2508 Pacific Avenue, LLC Page 5of5 ■ Attachments: Staff Report and Disclosure Statements Location Map STR Vicinity Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department .- ' City Manager:/4"-f) Applicant & Property Owner 2508 Pacific Avenue, LLC Agenda Items Planning Commission Public Hearing December 8, 2021 12_ 17 City Council Election District Beach ('ihf n/ Virginia Beach Requests 12-Conditional Use Permit(Short Term Rental)- 2510 Pacific Ave 13-Conditional Use Permit(Short Term Rental)- ) t._ r 2514 Pacific Ave A., NI, %14-Conditional Use Permit(Short Term Rental)— Ro,,a 37,,asn 2518 Pacific Ave F n iioaA lrpel 15-Conditional Use Permit(Short Term Rental)- ,,5 ,,,^S .:, 2522 Pacific Ave V"S,P el 16-Conditional Use Permit(Short Term Rental)- .� n,,„sl,ee` 2526 Pacific Ave Yl„S 'e` 17-Conditional Use Permit(Short Term Rental)- it. z„' , „5` 2530 Pacific Ave ri �,h 9sl,e�, „S„e , 5l,ee, Staff Recommendation e iiii c z°`h Approval „ c Staff Planner \ 'N, �0� Antionette Fowlkes +WI T Location WO- IllieWI 2510, 2514, 2518, 2522, 2526,&2530 Pacific Avenue GPIN 24280072160000 Site Size Ili ' 9,004 square feet = y 26th 1 s .. Existing Land Use and Zoning District & mitiNiiir- 1, ,h SUeela Single-family dwelling /OR Oceanfront Resort V Surrounding Land Uses and Zoning Districts A ,;;r= ‘ North i } I ,26th Street 's Undeveloped/OR Oceanfront Resort � '�—WJ South : �i -„ _ 25th%2 Street(alley) ram" . - Shopping center/OR Oceanfront Resort '- .'r.. `,.., s`£} ,., r % 4 i East a _ • Pacific Avenue 1► 0 ' tkl' . , Parking garage/OR Oceanfront Resort �0 West Single-family dwellings/OR Oceanfront Resort 2508 Pacific Avenue, LLC Agenda Items 12-17 Page 1 Background & Summary of Proposal Site Conditions and History • The 9,004 square foot lot is zoned OR Oceanfront Resort. • According to City records, the parcel contains six single family townhomes. • Staff inspected the site on October 20, 2021 to observe site conditions and take photographs for this report. • On-street parking is not permitted on this portion of Pacific Avenue. • City Council approved a Special Exception for Alternative Compliance on March 19, 2019 for the rear detached house to front the alley. • There are no past violations. • According to the applicant,this property was not used for Short-Term Rental purposes prior to July 1, 2018. Currently Advertised Last Known Rental Registered with the Commissioner of Revenue No N/A N/A Short Term Rentals in the Vicinity „y� e� � per_ - � �1.1 .last K5t �6th re- Cti r2rte -1110 Short Term Rentals - -o ,. • STR Pend. ► tee. _. — CUP Stews 1 nccro.r. 7 14t( -r } Coked �� tree11�1s�� {__{yyunder Re.e. �����ff}'ll},t;- M 2508 Pacific Avenue, LLC Agenda Items 12-17 Page 2 Summary of Proposal The applicant submitted applications for Conditional Use Permit requests to operate six Short Term Rental on the subject site located within the Resort Area.The regulations for Short Term Rental use are identified in Section 241.2 of the City Zoning Ordinance.Specific details pertaining to this application are listed below. • Number of bedrooms in each of the six Short Term Rentals: 3 • Maximum number of guests permitted in each Short Term Rental on the property after 11:00 pm: 6 • Number of parking spaces required for all Short Term Rental units on site(1 space per bedroom required): 18 • Number of off-street parking spaces provided: 10 2510 Pacific 2514 Pacific 2518 Pacific 2522 Pacific Ave 2526 Pacific Ave 2530 Pacific Ave Ave Ave Ave Number of bedrooms in the Short 3 3 3 3 3 3 Term Rentals: Maximum number of guests permitted on the property after 6 6 6 6 6 6 11:00 pm: Number of parking spaces required(1 space per bedroom 3 3 3 3 3 3 required): Number of on-site parking spaces 2 1 1 1 1 1 assigned to each unit: 2{th swot Z9h9 ... / j2 Zoning History # Request OR r 1 ALT (Alternative Compliance Ocean form-based code) A tz /� , Approved 02/14/2019 / �i' 2 CUP(Outdoor Recreation Facility)Approved 3/3/1992 HEN s"..t 2`�h OR OR A-24, Application Types CUP—Conditional Use Permit MODC—Modification of Conditions STC—Street Closure SVR—Subdivision Variance REZ—Rezoning MODP—Modification of Proffers FVR—Floodplain Variance LUP—Land Use Plan CRZ—Conditional Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental 2508 Pacific Avenue, LLC Agenda Items 12-17 Page 3 Evaluation & Recommendation The applicant is requesting to operate six,three-bedroom Short Term Rentals located at 2510, 2514, 2518, 2522,2526 and 2530 Pacific Avenue.The site is two blocks from the public beaches of the Atlantic Ocean in the resort area of the city, an area where Short Term Rental use is common. The six,three-bedroom Short Term Rentals are required to have three off-street parking spaces per unit,totaling 18 parking spaces. Seven parking spaces can be accommodated on site by parking one vehicle in five of the units'two-car garages and then two vehicles in the driveway of unit 2510.An additional three on-site spaces are provided; however, these spaces are meant to be shared by occupants and their guests. The remaining eight required parking spaces will be leased from the 25th Street parking garage,which is within 0.25-miles from the property.The Zoning Administrator has reviewed the alternative parking plan and has deemed it acceptable.Staff believes that all other requirements of Section 241.2 and Section 2303 of the Zoning Ordinance pertaining to Short Term Rentals can reasonably be met and that the use of the property at this location for Short Term Rentals is appropriate.The site fronts the active Pacific Avenue and is in close proximity to the amenities offered at the oceanfront.While there is a single-family dwelling to the west,this property is clearly oriented towards Pacific Avenue,which is lined with parking lots and garages, restaurants, and other resort-oriented uses. Based on the considerations above,Staff recommends approval of this request with the conditions listed below. Recommended Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 2510, 2514, 2418,2522,2526, 2530 Pacific Ave.,and the Short Term Rental use shall only occur in the principal structure. 2. An annual (yearly)STR Zoning Permit must be obtained from the Department of Planning and Community Development(Zoning Administration) before using the dwelling for Short-Term Rental purposes. 3. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 4. The garage space within the unit must remain a minimum of 9-feet by 18-feet,contain a minimum 8-foot wide vehicle entryway opening,and shall remain free of materials to ensure vehicular accessibility to the Short Term Rental tenants. 5. All additional required parking spaces, at a location subject to approval by the Zoning Administrator,shall be available for use by the Short Term Rental occupants at all times. 6. For properties located within the boundaries of the Residential Parking Permit Program (RPPP),while the Short Term Rental use is active, parking passes issued for the subject dwelling unit(s)through the RPPP shall be limited to two (2) resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 7. This Conditional Use Permit shall expire five(5)years from the date of approval.The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however,the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints,violations of its conditions or violations of any building, housing, zoning,fire,or other similar codes. 2508 Pacific Avenue, LLC Agenda Items 12-17 Page 4 8. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two(2)) on the property where the Short Term Rental is located.This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 9. The owner or operator must provide the name and telephone number of a responsible person,who may be the owner, operator or an agent of the owner or operator,who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30)minutes and to be physical present at the Short Term Rental within one (1) hour. 10. If, or when,the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a'through 'c' below.This information must be submitted to the Planning Department for review and approval.This shall be done within six(6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b) Copies of the Commissioner of Revenue's Office receipt of registration;and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 11. To the extent permitted by state law,each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 12. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71(noise),31-26,31-27 and 31-28 (solid waste collection), 12-5(fires on the beach), 12-43.2 (fireworks),and a copy of any approved parking plan. 13. All refuse shall be placed in automated refuse receptacles,where provided, and comply with the requirements of City Code sections 31-26,31-27 and 31-28. 14. Accessory structures shall not be used or occupied as Short Term Rentals. 15. No signage shall be on-site,except that each Short Term Rental shall have one(1)four-square foot sign posted on the building,or other permanent structure or location approved by the Zoning Administrator,that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 16. The Short Term Rental shall have no more than one (1) rental contract for every seven (7)consecutive days. 17. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars($1,000,000) underwritten by insurers acceptable to the City. 18. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 19. The maximum number of persons on the property after 11:00 p.m.and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom,which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three(3). 20. The property owner,or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Such inspection shall include: 1)At least one fire extinguisher has been installed inside the unit (in the kitchen) and in plain sight 2)Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in affect at the of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms,and when activated, be audible in all sleeping rooms, and 2508 Pacific Avenue, LLC Agenda Items 12-17 Page 5 3)All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. Properties managed by Short Term Rental Companies certified by the Department of Planning shall only be required to be inspected every three years.The inspection for compliance with the requirements above shall be performed by the short term rental management company and be documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors.The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. 21. A structural safety inspection report shall be provided to the City every three(3)years indicating all exterior stairways,decks, porches,and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect)and are safe for use.The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways,decks, porches,and balconies must be posted on each level of these structures. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on November 8, 2021. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, November 21, 2021,and November 28, 2021. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on November 22, 2021. • This Staff report,as well as all reports for this Planning Commission's meeting,was posted on the Commission's webpage of www.vbgov.com/pc on December 2,2021. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,January 2, 2022 and January 9, 2022. • As required by City Code,the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on January 3,2022 2508 Pacific Avenue, LLC Agenda Items 12-17 Page 6 • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on January 14, 2022. 2508 Pacific Avenue, LLC Agenda Items 12-17 Page 7 ffl r 0 C rr 90 Property Line ni Assigned Parking Shared Parking a) aJ - L N 8 Off-Site Parking Spaces Required ,I 1;1;�;1;1;1 1�1;1 ; 1�1,1 2-feet of Right of way L N 2514 2518 2522 2526 2530 N Pacific Avenue lfl O 0° cro m =P, m n rt N y I� fD pp CD r oo �! r1 N ru I- n, 0 C 0.0 1.4$11k' 2510,2514,2518,2522,2526,2530 c Pacific Ave 3' Six(6)three-bedroom STR request a° a� R gtt Ala' 4 Eight(8)Off-site parking spaces at 7rr�' ' "iktia ` 25th Street parking parage ' g 0 00 mD v t.lti 41A 3 A Q Cl A CD -0c v m dq N co 1— I— LO V n Site Photos ____--- - . _ ill I sv 661;ii; 00' b#°1 g 'w s I 1 1 ; 4 iiii 11 . . : . - — • jr 4 .. rill II I -.........01 -- • - i- I4-..........• lek- I I • I F. . 1 1 i . . i h 0 'It I i '' ' we- II . -..i..i. ..- .;i. . •, '. v. L, . I *i ---- • -...- .- -_______ • :"-'"" --:----------,:-.. ,_,_:--' 41, „. ._. I hi -------77:-:__--, • . . ... r. 0 . •1 1 6 . i II . .---1 • ....).„ u — 2508 Pacific Avenue, LLC Agenda Items 12-17 Page 10 Disclosure Statement Disclosure Statement The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for al applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board,commission or other body. Applicant Disclosure Applicant Name r c. 1_,J(.: 124, t,bn c z [ ,., r ,4.) rry E.:h Pa„r>, Does the applicant nave a representative? M Yes 0 NO • if yes,list the name of the representative a`. Pt 11. 4g Des Is the appfir ant a corporation,partnership,firm,business,trust or an unincorporated business?Ej.i 0 No • yes .::se names of ail officers,directors.members,trustees,etc be ow (Attach a Int if necessary) • If yes.list the businesses that have a parent subsidiary'or affiliated business entity'relationship with the appbcant (Attach a list if necessaryl "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 4 2 2-3101 '"Affliated 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(id)there is shared management or control between the business entities. f actors that shoufd 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,thee are common or commingled funds or assets;the business entities share the use of the same offices or employees o•otherwise share activities.resources or personnel on a regular basis,or there is otherwise a dose working relationship between the entities-" See State and local Government Conflict of interests Act.Va Code 4223101 11 2508 Pacific Avenue, LLC Agenda Items 12-17 Page 11 Disclosure Statement Disclosure Statement ,' ,� Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject pubic action?❑Yes No • If yes,what is the name of the offic,ai or employee and what is the nature of the interest? Applicant_$ervices Disclosure 1 Does the applicant have any earsting financing(mortgage,deeds of trust,cross-coilateraluation,etc)or are they considering any financing in connection with the subject of the application or any business operating 0,to be operated on the propert,' Yes ❑No • If yes,identify the financial institutions providing the service 2. Does the applicant have a real estate broker/agent/mottos for current and anticipated future sale.of the subject property? ❑ Yes ct No • If yes,identify the company and,ndwrduai providing the service 3. Does the applicant have services for accounting and/or preparation of tax returnst provided In connection with the subject of the application Or any business Operating or to be operated on the property?[ Yes 0 No • If yes,identify the firm and individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?® Yes ❑No • It yes.identify the tiro:and individual providing the service — 5 Is there any other pending or proposed purchaser of the subject property?0 Yes 5 No • It yes,identify the purchaser and purchaser's service providers 2508 Pacific Avenue, LLC Agenda Items 12-17 Page 12 Disclosure Statement Disclosure Stat .ment I. 6 Does the ape- d i'�vr a construction contractor connection with the subrect of me application or any business operating or, to be operated on the property? Yes 0 No • If yes,identify the company and individual providing the service v� {+a.ri '> P f ILLL4 f: Lrt,2tC_ ��._ 1145-: O _. 7 Does the ape cant have an anOteerlsurveyor/agent.n connection with the tubrect of the applicatOrt or any bus'rhess operating or to be operated on the property' Yes `J NO • If yes,identify me firm and individual provsding the service g t! L_ rL.-J. *..+/..tt�.'} -....�:_�._�.. CIA".5-i1+.�. 8 is the applicant receiving legal servkes in connection with the subiect of the application or any business operating or tc be ooerated on the property'ta Yes 0 No • If yes,identify the hrm and individual provsdrng the service Apolicant.Sfenature t certify that all of me information contained in this Disclosure Statement Form is comp:rir ' ..i ',d a:c:,raii i,ndrrstand that. upon receipt of nor4ic ati Dn that the application has tom'scheduled for public hearing,I am responsible for updating the information provided herein two+Nits prior to the meeting of Planning Commission,City Council Yet&.CBPA,wetlands Board or any public body or committee in connection with this application C- • Applicant Signature Print Name and Title Date is the applicant also the owner of the subiect property, Yes 0 No • if yes,yea do not need to fdi out the owner disciosure statement FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting Mat pertains to the applications ® 40::v.-Anse,as O. r 1/4,/2022 SIgnauweL41"..:'e=u arc ennt%An. rntiunrttr mowers 2508 Pacific Avenue, LLC Agenda Items 12-17 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. 2508 Pacific Avenue, LLC Agenda Items 12-17 Page 14 STR VICINITY MAP 2508 PACIFIC AVENUE, LLC -1...- c____-- \\._�-""� �th fit---�re ', C ------y-- 1,�- -� t4eV--- st e, , toi,,e,e__\------V .‘ ,„.::,,,....11---1- 7\e‘l•-• eet"' 2 1 ' ...\t_L, ..-- ,_,__i_.-- ,... . /-----_-_-7-..-;--- ,,, \ _2. ,. ., t I .K$t t „i y� k it tr,,,.,,i,c--' ----T- ._,-_nr1'1_..6.•.,,A.---.. .. kSJ,'A 1 stxe s4_ µ.;-- i ��._ tree 1 t 25th __ , -\ '}` l "lam ~_ ---, r- �- ',...1 -'t \ _____\ l '�1y ., t.\4. a ti L t 1 t\ 1 -- Short Term Rentals ,.\\\Y- _ �;\ `\ t_ r•- t,jD4 t_ , ri CUP Status _�• ' ��t _ \----- '' • Den,edtCee i1 i 1 l `c 1k 1 � C. rtip � r, Under Rrnew ' , Virginia Beach Planning Commission December 8, 2021 Public Meeting Agenda Items # 12-17 2508 Pacific Avenue, LLC [Applicant & Property Owner] Conditional Use Permits (Short Term Rentals) 2510, 2514, 2518, 2522, 2526 & 2530 Pacific Avenue RECOMMENDED FOR APPROVAL — CONSENT ack Wall: Okay. Thank you, Mr. Chairman. We have 26 items on the consent agenda today, on the regular consent agenda, including short term rentals. The first item is agenda items one and two. Virginia Beach Raquet Club North Associates, both applicant and property owner, for Rezoning from R20 to R40 and a Subdivision Variance at 1951 Thomas Bishop Lane in the Lynnhaven District. Is there a representative for this item. Eddie Bourdon: Thank you, Mr. Vice Chair, Mr. Chairman, members of the Commission. For the record, Eddie Bourdon, Virginia Beach Attorney representing the Raquet Club, Dr. Shifflett and his family, on these applications. Appreciate Marchelle's work on this application and being on the consent agenda. The two conditions recommended are acceptable. Eddie Bourdon: I did want to follow on some of Commissioner Wall's inquiries this morning in the informal. I apologize. I'll try to be brief. Thomas Bishop Lane, as it runs through this property, you can see that little dotted line that goes all the way up to the far end. That's a power easement that ran along the original Great Neck Road. Great Neck Road ran right through here, where Thomas Bishop Lane is now, way back in the day. I think it was actually, the new one, was dedicated, I believe, in the mid-60s. So the Shiffletts, knowing that they were going to move this bubble where the tennis courts are now, that was the indoor, over to a new one, about over 10 years ago, started planning for this property. Eddie Bourdon: Three lots were created on the Long Creek Canal with the Subdivision Variance and with Bay Board approval. And it was everybody's consensus at the time not to extend a road and put a cul-de-sac. Because it's more environmentally friendly to do some flag lots. Three flag lots were created. The first one has a house on it. The second one is shown there with the little box. The third one is where the box would've been. And then there was more land to the west and then all the way down. They planned on having five other lots that would've all been served by the same easement that already exists. Eddie Bourdon: 1 Instead, we're just creating three. The third lot of the original three has been incorporated into the rest of the property. And that's that three plus acre piece that will remain as one piece. Two less slots than were originally anticipated. And the road note, there's no new improvements. What is there will continue to be the road under the existing easement that exists today. Sorry for the length, but I thought it would be helpful to everybody to understand. Jack Wall: Okay. Thank you. Eddie Bourdon: Thank you. Jack Wall: Yep. Is there any opposition for this item being placed on the consent agenda? Hearing none, the Planning Commission has asked Mr. Graham to read this into the record. Whitney Graham: Thank you, Mr. Wall. This application for Virginia Beach Raquet Club North Associates LP for the Rezoning of R20 Residential District to R40 Residential District, as well as a Subdivision Variance of the Subdivision Regulations. The property is located 1951 Thomas Bishop Lane. The subject lot is zoned R20 Residential and R40 Residential District and is currently developed with tennis courts and an asphalt parking lot, which has been owned by the Virginia Beach Raquet Club for decades. Whitney Graham: To remove the split zoning on the property, the applicant is requesting to rezone a portion of the property from R20 Residential District to R40 Residential District. This will create three lots, all of which are in excess of 40,000 square feet. The applicant has also received approval from the Chesapeake Bay Preservation Area Board to encroach into the RPA, and have limited impervious coverage of, approximately, a maximum of 30%. Staff, again, supports this project, and we recommend approval. Jack Wall: Okay, thank you. The next item on the agenda is agenda item number three, Samet Properties LLC is the applicant. And Taylor Farms Land Company LLC is the property owner. It's a Conditional Rezoning AG1 and AG2 to 11 Light Industrial at 2097 Harpers Road, in the Beach District. Is there a representative to speak on this item? Eddie Bourdon: Again, thank you, Commissioner Wall, Chairman, members of the Commission, Eddie Bourdon, Virginia Beach attorney representing Samet Properties. Pretty simple application. Appreciate being on the consent agenda and appreciate staffs help and Marchelle's help on the application. Thank you. 2 Jack Wall: Thanks. Okay, thank you. Is there any opposition to this being placed on the consent agenda? Hearing none, the Planning Commission's asked Mr.Alcaraz to read this into the record. George Alcaraz: Thank you. Again, it is a simple application, but I'll just be real short with the details. Conditional Rezoning from AG1 to AG2, Agriculture District to Conditional 11 Light Industrial. Staff is recommending approval. Location is 2097 Harpers Road. On September 7th, 2021, Conditional Rezoning for AGI to AG2 Agricultural Districts. An 11 Light Industrial District to Conditional 11 Light Industrial District. Excuse me. As well as a Conditional Use Permit for Bulk Storage was granted by City Council to construct a 221,000 square foot distribution center and associated parking. George Alcaraz: With that application, the applicant proposed two stormwater management facilities in underground storage below the proposed parking lot to address the stormwater quality and quality control for the site. The applicant is now seeking to increase the stormwater management facilities for the site by an additional 10 acres to install additional storage in the above ground pod. To accomplish this, the applicant is requesting to rezone an additional 10 acres north of the approved site from AG1 to AG2 to Conditional 11 to accommodate for the additional aboveground storage for this site. George Alcaraz: The Planning Commission is recommending this item for consent agenda for approval. Jack Wall: Okay, thank you. The next item on the consent agenda is agenda item number four, Monet Freeman as the applicant. Shoppes One LLC as the property owner. It's for a Conditional Use Permit for a Tattoo Parlor at 4380 Holland Plaza Shopping Center in the Rose Hall District. Is there a representative to speak on this item? Madam Clerk: Mr. Wall, Monet Freeman is virtual. She's WebEx. So, Ms. Freemn, if you would wait two to three seconds, we're going to unmute your mic. Please state your name, and then state whether or not you agree with conditions of your application. You're on the consent agenda. Monet Freeman: Monet Freeman here. And yes, I do agree. Jack Wall: Is there any opposition for this item to be placed on the consent agenda? Hearing none, the Planning Commission has asked Ms. Klein to read this into the record. Robyn Klein: 3 The applicant is requesting a Conditional Use Permit for a Tattoo Parlor, specifically for the application of permanent makeup, known as microblading. The operation will occur within a 472 square foot unit in the Holland Plaza Shopping Center. The property is zoned B2, Community Business. Staff recommends approval of this application, and it is placed on the consent agenda. Jack Wall: Okay, thank you. The next item on the consent agenda is agenda item number five, Platinum Management LLC.is the applicant and 5429 Greenwich Road. Virginia LLC is the property owner. Conditional Rezoning from 11 Light Industrial to Conditional A36 Apartments for construction of 315 dwelling units at a density of approximately 29.41 units per acre at 5429 Greenwich Road in the Kempsville District. Is there a representative to speak on this item? Lisa Murphy: Good afternoon, Chairman, Vice Chairman, members of the Planning Commission. For the record, my name is Lisa Murphy, local zoning attorney. And I'm here on behalf of Platinum Management LLC. We appreciate all of Marchelle Coleman's work on this project and being placed on the consent agenda. And I thank you for your time. Jack Wall: Thank you. Thank you. Is there any opposition for this item being placed on the consent agenda? Hearing none, the Commission has asked Mr. Redmond to read this into the record. Dave Redmond: Thank you, Mr. Wall. This is an application by Platinum Management LLC at 5429 Greenwich Road for a Conditionally Rezoning from 11 Light Industrial, Conditional A36 Apartment. The applicant is requesting to rezone a 10.73 acre parcel from 11 Light Industrial District to Conditional A36 Apartment District to redevelop the property with a 315-unit multifamily residential community. The property is located within the Newtown Strategic Growth Area, and is currently developed with the Virginia Pilot Newspaper Production and Distribution Facility. Dave Redmond: The two existing buildings on the property will be removed in conjunction with the proposed redevelopment of the site. The submitted conceptual site plan depicts three multifamily buildings, four stories in height, with a clubhouse. The proposed apartments will have an extensive amenity package consisting of courtyard with fire pits, exterior fireplaces, and exclusive seating at a resort style pool, grilling stations, and fitness facilities within the clubhouse. Dave Redmond: If you are familiar with this property, and I don't know how you could not be familiar with this property, it is quite iconic. It is in close proximity to the Top Golf Entertainment Facility, as well as another apartment building in very close proximity of the same height and similar density. This is a redeveloping corridor. There's obviously a gigantic transportation project that 4 surrounds it. The staff has laid out a number of conditions that adequately serve the public interest. Dave Redmond: The Planning Commission agrees not just with their judgements, recognizes that there is no public opposition, and also believes that this is a very appropriate re-development project and moves the city and its people forward. And therefore, we concur with the staffs recommendation and place it on consent. Mr. Wall. Jack Wall: Okay. Thank you very much. The next item on the consent agenda is agenda item number seven, Hunt Club Condominium Association Incorporated is the applicant and property owner, for Modification of Conditions at 120 Loflin Way Drive in the Kempsville District. Is there a representative for this application? Eddie Bourdon: Thank you, Mr. Chairman, Mr. Vice Chairman, members of commission. Again, for the record, Eddie Bourdon, Virginia Beach attorney representing the Hunt Club Condominium Association Inc, which are the owners of the existing 37 units on this 11-acre piece of property. Elizabeth did a fantastic job. I will correct her on one thing. It was a PDH2 rezoning. It was not a Conditional Rezoning, in 1982. And actually, I'd just graduated from law school. Hadn't passed the bar exam. So that tells you how long ago this was. A whole very long time. And it was even before Don was on the Planning Commission, too. Eddie Bourdon: This is a great application, and it is, as Elizabeth said, a unique application. The Association is doing this. This does not represent any additional impervious surfaces. The building pads and the buildings were approved originally with the site plan after the PDH2 rezoning. And it helps the Association, which has all this land it's been maintaining, and these buildings, for the last 38 years. And it's hard for that few number of people to have to pay for all this maintenance. And the new buildings all get upgraded out of this as well. So it's an excellent situation, and anything like it'll probably never exist again. But appreciate being on the consent agenda. Thank you. Jack Wall: Okay. Thank you. Is there any opposition for this application be placed on the consent agenda? Hearing none, the Commission has asked Mr. Bradley to read this into the record. David Bradley: The applicant and property owner Hunt Club Condominium is requesting a Modification of Conditions to increase the number of multifamily dwellings permitted on site by 11 at a resulting density of 4.25 units per acre. The 11.3-acre site is a multi-family residential development originally approved by City Council on September 27th, 1982. When a Conditional Rezoning for this property was approved in 1982, there was a general practice of imposing conditions in lieu of a voluntary proffer agreement. As this practice is no longer preferred, the applicant is offering 5 proffers in order to modify those conditions of approval. Hence the request for the proffered modification of conditions. David Bradley: Condition five of the 1982 approval states, "The applicant has voluntarily agreed to limit the number of units to a total of 37. A modification of this condition is required to revise this limit." As part of their application, the applicant is also offering a site plan, architectural design, and landscaping of this site. Jack Wall: Okay, thank you. Bobby Tahan: Mr. Wall, if I may. Although I'm not required to disclose, I am disclosing for this that I am a member of the Board of Directors and Vice Chairman of the adjacent property owner of Kempsville Christian Church. Because of that, I have not reviewed nor influenced staff on the review of this application. Jack Wall: Okay. Thank you. Next item on the consent agenda is agenda item number eight. Treyana Mills is the applicant and Providence Square Office Park Associates as the property owner for a Conditional Use Permit for Tattoo Parlor at 1017 at Kempsville Road in the Kempsville District. Is their a representative for this application? Jack Wall: Okay. No? Okay. Okay. All right. Seeing that there's none, we're going to move on. Is there any opposition for this item to be placed on the consent agenda? Hearing none, the Planning Commission's asked Mr. Inman to read this into the record. Mike Inman: I'm number nine. Jack Wall: Oh yeah. Number nine. That's it. Mike Inman: Oh, we're on it? Jack Wall: You're number nine. Mike Inman: I thought it was eight. 6 Jack Wall: Number eight. We're on number eight. Sorry. Number eight. Yeah. David Weiner: I have you down for number eight, too. What are we seeing here? I got you down for number eight. Jack Wall: You sure you're not doing eight, Mike? I've got you down for number eight. Mike Inman: I don't have that. David Weiner: Don't look at me, Mike. Mike Inman: You have me down for number eight. Jack Wall: We all have you down for number eight. Mike Inman: Give me two seconds, and I'll do it. Jack Wall: Yeah. That'd be good. Mike Inman: Yeah. I'm prepared for number nine. Who's doing number nine? Jack Wall: Mr. Coston's doing number nine. John Coston: You got your glasses. Jack Wall: Don't y'all fight there. I couldn't get it by them. Speak up earlier. Dave Redmond: Sit tight. Just be cool. Be cool. Jack Wall: 7 Dave, you want us to do it, Dave? Mike Inman: I'll do it. Come on. It's number eight, is application for the Tattoo Parlor. It's located at 1017 Kempsville Road. The request is for the applicant to must obtain a business license from the Health Department. The applicant's not proposing any new signage for the establishment. About four employees are anticipated, and typical hours of operation will be 10:00 AM to 5:00 PM. There are a number of conditions that have been approved, and it's accepted by the applicant. And the Comprehensive Plan recognizes this property as being within the suburban area, and that its guiding principles have been established by the comprehensive plan, and that this use will meet those criteria. And for that reason, staff recommended it. And we agreed to put it on the consent agenda. Jack Wall: Thank you. Great job. Appreciate it. Mike Inman: Winging it. Jack Wall: The next item on the consent agenda is Kevin and Keisha Mercer as the applicant and RT Virginia Holdings LLC as the property owner for a Conditional Use Permit for Assembly Use at 5300 Kemps River Drive in the Kempsville District. Is there a representative to speak on this application? Jack Wall: Welcome, please state your name. Keisha Mercer: Thank you. Good afternoon. My name is Keisha Mercer. I represent Venue 1225. I am seeking a space for individuals to have celebratory events. And I thank you all for your time and consideration. Jack Wall: Okay. Thanks. Are the about the six conditions acceptable? Keisha Mercer: Yes. Jack Wall: Okay. Thank you. Okay. I appreciate it. Thanks. Thank you. Is there any opposition for this application to be placed on the consent agenda? Dave Redmond: 8 Jack,just let me go out of the box here for a minute. Today's Mr. Inman's last meeting, and he's ready to read number nine. I think we should let him read number nine. Jack Wall: Oh, that's a great idea. That's a great idea. Go ahead. Mike Inman: Mr. Will be very disappointed. Jack Wall: I think he'll be all right. Dave Redmond: He doesn't look disappointed. Mike Inman: You don't mind if I do? John Coston: I don't mind. Mike Inman: Oh okay. No, it's very gracious of you. Mike Inman: All right. So number nine is a Conditional Use Permit application at the Kemp's Corner Shops, which is in a B2 Community Business District. The applicant estimates a number of guests, and it's for an assembly hall, banquet hall. And as the applicant's stated, it's for celebratory events. And applicant estimates the number of guests will ranged from 10 to 105. The parking requirements are met on site. There are no significant modifications to the site anticipated, or the building. The conditions include onsite signage must meet the zoning code. All activities must occur within the building, outdoor events are prohibited unless permitted by a special event permit. And no amplification of music or speakers or monitors will be permitted except within the enclosed building. And having met those conditions, staff recommends and we put it on a consent agenda. Jack Wall: Okay. Thank you very much. Mike Inman: My pleasure. Jack Wall: 9 The next item is agenda item number 10, Jodie Calcagno as the applicant and HCD Properties LLC as the property owner for a Conditioned Use Permit for Assembly Use at 4752 Euclid Road in the Bayside District. Is there a representative for this application? Welcome. Jodie Calcagno: Thank you, Chairman, Vice Chairman, and members of the Planning Commission. My name is Jody Michelle Calcagno, and I'm representing 4752 Euclid Road. Thank you, Michaela, for your guidance during this process. And thank you for including me on the consent agenda today. I accept all terms. Jack Wall: Okay. So the seven conditions are acceptable? Jodie Calcagno: They are. Yes. Thank you. Jack Wall: All right. Thank you. Is there any opposition for this item to be placed on the consent agenda? Hearing none, the Planning Commission's asked Mr. Redmond to read this into the record. Dave Redmond: Thank you, Mr. Wall. This is an application by Jody Calcagno, who we just saw, for Conditional Use Permit for an Assembly Use. The applicant is proposing to convert a portion of the first floor of an existing 12,600 square foot office building into a boutique event venue. Events such as these are classified in the Zoning Ordinance as Assembly Uses, thereby necessitating a Conditional Use Permit in the B2 Community Business District. The 3,400 square foot event space will consist of three party rooms and an outdoor patio. The applicant plans to host bridal and wedding showers, as well as business retreats. Dave Redmond: The second floor of the existing building will remain office space with 11 units. You can see a picture of the building here. It's appropriate for this kind of use. I'm very familiar with this building. I work right around the corner. There was some concern about the amount of parking, and parking availability for the office uses and for this event venue. The applicant has proposed to manage her events in such a way in hours, so as not conflict with the business use in this building. So they are utilizing a shared parking arrangement, in a way, which is in and of itself a positive thing, more parking, less asphalt. Everybody's needs and uses get met. It's an appropriate use in this location. The staff supports it. We're unaware of any opposition, and the commission agrees, then, with the staff by consent. Thank you, Mr. Wall. Jack Wall: All right. Thank you. The next application is agenda number 11, Michael D Sifen Incorporated as the applicant and Virginia Beach Investment Company as the property owner for Conditional Use Permit for self-storage mini warehouse. Is there a representative for this? Actually, it's in 10 the Centerville... Excuse me. It's in the Centerville District at the corner southwest intersection of Providence Road and College Park Boulevard. Is there a representative for this application? Eddie Bourdon: Thank you, Mr. Vice Chair, Mr. Chairman, members of the commission. Again, Eddie Bourdon, Virginia Beach attorney, for the record, representing Michael D Sifen Incorporated. I want to thank Michaela for her extremely good work on this. And I want compliment Mr. Tajan for the new hires that the department. They're excellent additions. All nine conditions, as recommended in the use permit, are acceptable. I want to add one thing. The building is actually designed. It is a 45-foot tall building roof. The only reason it's above are the parapets, which add to the architectural interest of the building. And also, they shield mechanical equipment that's on top from view. So the building was at 45-feet, but it's just for the parapet. Thank you very much. Jack Wall: Okay. Thank you. Is there any opposition for this application to be placed on the consent agenda? I'm hearing none. We've asked Ms. Klein to read this into the record. Robyn Klein: The applicant is requesting a Conditional Use permit for a mini-warehouse on a 2.89-acre undeveloped parcel zoned B2 Community Business District at the southwest corner of Providence Road and College Park Boulevard. The four-story mini-warehouse building will be climate controlled with a floor area of 165,680 square feet. Staff supports the application, and the Commission places sit on the consent agenda. Jack Wall: Okay, thank you. Additionally, we have the short-term rentals, which are now in the regular consent agenda. And the next application is 12 through 17, agenda items 12 through 17, 2508 Pacific Avenue LLC is both the applicant and property owner for Conditional Use Permits for short-term rentals at 2510, 2514, 2518, 2522, 2526, 2530 Pacific Avenue in the Beach District. Is there a representative for this application? Eddie Bourdon: Like a bad penny. I keep turning up. Eddie Bourdon, Virginia Beach attorney representing 2508 Pacific Avenue LLC. Thanks to Antoinette and Ms. Moss and her staff, all 21 conditions as recommended, are acceptable. I did want to, again, put on the record, this is new. What Council approved when they finally got, and you all after all the years, these units, all but one, that doesn't have a garage. The ones with the garage are all two-car garages. And to meet the parking requirements, they're two-car garages for use as just a residence. But the short term rental ordinance now says you only get to get one parking space credit in the garage. So this is, just so everyone is,just really over parked by having the extra 10 spaces. But then it's not a complaint. Just want to put that on the record because not everybody's completely aware of that change. Thank you. Jack Wall: 11 Thank you. Thank you. Is there any opposite for this being placed on the consent agenda? Hearing none... Okay. Next is number 18 ORP Ventures LLC is both the applicant and property owner requesting a short-term rental Conditional Use Permit at 603 20th Street in the Beach District. Is there a representative for this application? Eddie Bourdon: Again, Eddie Bourdon, Virginia Beach attorney representing the applicant. Again, appreciate Antionette's work. All 19 conditions, as recommended, are acceptable to the applicant. Jack Wall: Okay. Thank you. The next item is agenda item number 19 through 27 ORP Venture LLC. Again as applicant and property owner Conditional Use Permit for short term rentals at 410 19th Street unit 101, 102, 103, 201, 202 and 412 and 19th Street unit 101, 102, 201, 202 in the Beach District. Is there representative for this application? Eddie Bourdon: Again, Eddie Bourdon, Virginia Beach attorney representing the applicant. Before I tell you that all 19 conditions, or excuse me, all 18 conditions are acceptable, I wanted to thank Mr. Inman for his service to our city. All of you, for that matter, as volunteers, as much time and effort as you put into it. But Mr. Inman has brought all a great deal of knowledge of real estate law to the table, which I think has helped everyone over the course of his tenure on this Commission. And he'll be sorely missed. Won't be able to be replaced, but there'll be someone that'll do a good job just the same. And I want to wish everybody Happy Holidays, Merry Christmas, Happy New Year. Hope everybody has a great, safe holiday, and appreciate Brandon's work. And the conditions are acceptable to my clients. Thank you very much. Mike Inman: Thank you. Jack Wall: Is there any opposition for agenda items 18 through 27 being placed on the consent agenda? All right. Hearing none, Mr. Chairman I make a motion that we approve agenda items 1 and 2, 3, 4, 5, 7, 8, 9, 10, 11, 12 through 17, 18, and 19 through 27. David Weiner: All right. We have a motion for approval. Do we have a second? Donald Horsley: Second. David Weiner: A second. David Weiner: 12 Okay. Now, disclosures. Yeah, I know. We're going there. We got the motion. We got the second. Now we have the disclosures. Okay, go. You start, Whitney. Whitney Graham: Thank you, Mr. Chairman. Pursuant to the Conflicts of Interest Act, Virginia Code Section 2.2- 3115F, I have a letter on file to this as well. I make the following declarations, the following agenda items on today's agenda have some financing by Towne Bank, which I serve on one of the Boards at Towne Bank, but I don't make any decisions for loans or anything like that. Whitney Graham: So anyway, these are items one and two Virginia Beach Raquet Club North Associates LP, 1951 Thomas Bishop Lane, number 10, Jody Calcagno, 4752 Euclid Road, agenda items 12 through 17, 2508 Pacific Avenue LLC for 2510, 2514, 2518, 2522, 2526, 2530 Pacific Avenue, agenda item number 18, ORF Ventures LLC, 603 20th Street, agenda items 19 through 27 ORF Ventures LLC, 410 19th Street units 101, 102, 103, 201, 202. And this is at 412 19th Street units 101, 102, 201 and 202. Sorry about the length of that. Thank you. David Weiner: All right. Next, Mr. Redmond. Dave Redmond: Yeah, I'm not going to do any of that. I will say that I have a letter, myself, on file with the City Attorney's Office, which prevents me from voting on all the short-term rentals. I have a client in the travel industry, and I therefore do not vote on any of the individual short term rental applications, nor on any of the ordinances that govern short term rentals. So while I will be voting in favor of the consent agenda, I'm specifically abstaining from those items, which I have down as number 12 to 27 on short term rentals. Thank you, Kay. And thank you, Mr. Chairman. David Weiner: Mr. Inman. Mike Inman: Yes, I have to make a disclosure regarding items financing by Towne Bank. I serve on Advisory Board, as does Mr. Graham, that does not make any loan decisions, but disposing with regard to agenda items one and 2, 10, 18, and 19 through 27, without going into the same detail that Mr. Graham did. I believe I can participate in these decisions fairly and objectively, and I will participate in voting on those items. Mike Inman: Next, I'm making a disclosure with regard to item number three, Samet Properties. One of my partners represents the applicant Taylor Farms Land Company. And I'm not involved in that representation, nor do I represent the owner. And I have no financial interest on. Having made this disclosure, I believe I can participate in this vote objectively, fairly, and in the public interest. 13 Mike Inman: Last but not least, with regard to item seven Hunt Club Condominium, I represent that applicant otherwise, not here today, obviously Mr. Bourdon did, and I will therefore abstain from item number seven. David Weiner: Okay. Mr. Graham, do you want to add something? Whitney Graham: Yes, sir, Mr. Chairman. I apologize. In my disclosure, I want to add that I do plan to participate in today's vote, and that I feel that I can do so fairly and objectively in the public's interest. Thank you. David Weiner: Anyone else? Okay. We have a motion for approval by Mr. Wall, a second by Mr. Horsley. Madam Clerk: Okay. Vote is open. By recorded vote of 10 in favor, zero against, agenda items one and 2, 3, 4, 5, 8, 9, 10, and 11 have been recommended for approval by consent. Agenda item number seven, by recorded vote of nine in favor, zero against with one abstention, has been recommended for approval by consent. And agenda items 12 through 17, 18, 19 through 27 through recorded vote of nine in favor, zero against with one abstention, have been recommended for approval by consent. AYE 9 NAY 0 ABS 1 ABSENT 1 Alcaraz AYE Bradley AYE Coston AYE Graham AYE Horsley AYE Inman AYE Klein AYE Oliver ABSENT Redmond ABSTAIN Wall AYE Weiner AYE CONDITIONS: 1. The following conditions shall only apply to the dwelling unit addressed as 2510, 2514, 2418, 2522, 2526, 2530 Pacific Ave., and the Short Term Rental use shall only occur in the principal structure. 14 2. An annual (yearly) STR Zoning Permit must be obtained from the Department of Planning and Community Development(Zoning Administration) before using the dwelling for Short- Term Rental purposes. 3. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii)of the City Zoning Ordinance or as approved by City Council. 4. The garage space within the unit must remain a minimum of 9-feet by 18-feet, contain a minimum 8-foot wide vehicle entryway opening, and shall remain free of materials to ensure vehicular accessibility to the Short Term Rental tenants. 5. All additional required parking spaces, at a location subject to approval by the Zoning Administrator, shall be available for use by the Short Term Rental occupants at all times. 6. For properties located within the boundaries of the Residential Parking Permit Program (RPPP), while the Short Term Rental use is active, parking passes issued for the subject dwelling unit(s)through the RPPP shall be limited to two (2) resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 7. This Conditional Use Permit shall expire five (5)years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire, or other similar codes. 8. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight(number of bedrooms times two (2))on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 9. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes and to be physical present at the Short Term Rental within one (1) hour. 10. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 11. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 15 12. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28(solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 13. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 14. Accessory structures shall not be used or occupied as Short Term Rentals. 15. No signage shall be on-site, except that each Short Term Rental shall have one (1)four- square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 16. The Short Term Rental shall have no more than one (1) rental contract for every seven (7) consecutive days. 17. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 18. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 19. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 20. The property owner, or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Such inspection shall include: 1)At least one fire extinguisher has been installed inside the unit(in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in affect at the of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, and 3)All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. Properties managed by Short Term Rental Companies certified by the Department of Planning shall only be required to be inspected every three years. The inspection for compliance with the requirements above shall be performed by the short term rental management company and be documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors. The 16 compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. 21. A structural safety inspection report shall be provided to the City every three (3)years indicating all exterior stairways, decks, porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect) and are safe for use. The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks, porches, and balconies must be posted on each level of these structures. 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. 17 OR ---- ___---------- pp WMPr" - tStreef 0, 2is �,, - 0\ , , OR 1 , ,_________ ___ ,_____ , - \ \ \ astree ___ ________ ..________ \ , ,„ OR _ s).-i-- , 1 \\ , Street \ OR a�{ S 2 0 \ cv1 so \ \i3 111 1 • ORz 1 i ', t t OR �' �'7 .40 S re 0 , Meet O�hS I ç? 10 \ ______----- ________-- OR , V:A\in I , 0 1 OR \ , . ', \ 0 rill ' A , , _.......;...1 N VA Site ORP Ventures, LLC w i4 I: '.,- Property Polygons 603 20th Street s Zoning Building Feet 0 15 30 60 90 120 150 180 / SNU,� 1 i si CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: ORP VENTURES, LLC Conditional Use Permit (Short Term Rental) for the property located at 603 20th Street (GPIN 24179757080000). CURRENT COUNCIL DISTRICT — BEACH (FUTURE COUNCIL DISTRICT — DISTRICT 6) MEETING DATE: January 18, 2022 • Background: The applicant is requesting to operate a three-bedroom Short Term Rental for a 7,673 square foot parcel zoned OR Oceanfront Resort. The maximum occupancy for guests on-site after 11:00 p.m. is three persons per bedroom, or 9 persons in this case. • Considerations: The site is within the Resort Area and four blocks from the public beaches of the Atlantic Ocean, an area where Short Term Rental use is common. The property is also two blocks east of the Virginia Beach Convention Center and within walking distance to amenities desired by visitors and residents. Two other dwellings along this block of 20th Street are operating as Short Term Rentals with Conditional Use Permits approved in November of 2020. The three-bedroom home is required to have three off-street parking spaces. Each required parking spot can be accommodated on-site. The Zoning Administrator has reviewed this alternative parking plan and has deemed it acceptable. Staff believes that all other requirements of Section 241.2 and Section 2303 of the Zoning Ordinance pertaining to Short Term Rentals can reasonably be met. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. There is no known opposition to this request. • Recommendation: On December 8, 2021 , the Planning Commission passed a motion to recommend this item on the Consent Agenda, passing a motion by a recorded vote of 9-0, with 1 abstention, to recommend approval of this request. 1. The following conditions shall only apply to the dwelling unit addressed as 2510, 2514, 2418, 2522, 2526, 2530 Pacific Ave., and the Short Term Rental use shall only occur in the principal structure. 2. An annual (yearly) STR Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwelling for Short-Term Rental purposes. 2508 Pacific Avenue, LLC Page 2 of 4 3. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 4. The garage space within the unit must remain a minimum of 9-feet by 18-feet, contain a minimum 8-foot wide vehicle entryway opening, and shall remain free of materials to ensure vehicular accessibility to the Short Term Rental tenants. 5. All additional required parking spaces, at a location subject to approval by the Zoning Administrator, shall be available for use by the Short Term Rental occupants at all times. 6. For properties located within the boundaries of the Residential Parking Permit Program (RPPP), while the Short Term Rental use is active, parking passes issued for the subject dwelling unit(s) through the RPPP shall be limited to two (2) resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 7. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire, or other similar codes. 8. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 . 9. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes and to be physical present at the Short Term Rental within one (1) hour. 10.If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through `c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and 2508 Pacific Avenue, LLC Page 3 of 4 b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 11 .To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 12.There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23- 71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 13.All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31- 28. 14.Accessory structures shall not be used or occupied as Short Term Rentals. 15.No signage shall be on-site, except that each Short Term Rental shall have one (1) four-square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 16.The Short Term Rental shall have no more than one (1) rental contract for every seven (7) consecutive days. 17.The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 18.There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 19.The maximum number of persons on the property after 11 :00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 20.The property owner, or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Such inspection shall include: 1) At least one fire extinguisher has been installed inside the unit (in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in affect at the of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm 2508 Pacific Avenue, LLC Page 4 of 4 installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, and 3) All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. Properties managed by Short Term Rental Companies certified by the Department of Planning shall only be required to be inspected every three years. The inspection for compliance with the requirements above shall be performed by the short term rental management company and be documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors. The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. 21.A structural safety inspection report shall be provided to the City every three (3) years indicating all exterior stairways, decks, porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect) and are safe for use. The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks, porches, and balconies must be posted on each level of these structures. • Attachments: Staff Report and Disclosure Statements Location Map STR Vicinity Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department y City Manager: 4 Applicant& Property Owner ORP Ventures, LLC Agenda Item Planning Commission Public Hearing December 8, 2021 City Council Election District Beach 18 City of Virginia Beach Request Conditional Use Permit(Short Term Rental) Staff Recommendation \c/ a.0,/ 41 2M0 Approval , e .t. 26t�s20".. aWiialIisll _ -X 25,h StMt Staff Planner lath str `te e, s Antionette Fowlkes 23�0., i T 8 Street o-ds 23`22d NSdueH a a� ..t "L ., 0 q street Location e2,s,s,re..t 603 20th Street } a Yr' b� 6 pat."$,ram GPIN sew s k „lost 24179757080000 ,, `o +T°"'`,5:0 e°'''' Site Size ,b,hs,e 7,673 square feet w s Ret D ,,,,.Street P,ceY t „5irf., Existing Land Use and Zoning District Single-family dwelling/OR Oceanfront Resort Surrounding Land Uses and Zoning Districts North iili 20th 1/2 Street Single-family dwellings/OR Oceanfront Resort t South 20th Street Single-family dwellings/OR Oceanfront Resort c East - �"_, Single-family dwellings/OR Oceanfront Resort West Single-family dwellings/OR Oceanfront Resort ORP Ventures, LLC Agenda Item 18 Page 1 Background & Summary of Proposal Site Conditions and History • This 7,673 square foot lot is zoned OR Oceanfront Resort. • According to City records,this three-bedroom home was constructed in 1958. • Staff inspected the site on October 18, 2021 to observe site conditions and take photographs for this report. • On street parking is not permitted on this portion of 20th Street. • According to the applicant,this property was not used for Short-Term Rental purposes prior to July 1,2018; therefore,a Conditional Use Permit is required for the Short Term Rental use. Currently Advertised Last Known Rental Registered with the Commissioner of Revenue No N/A No Short Term Rentals in the Vicinity 1i 1 t 1111 L met --Y ,� • . ,11�11111►+ .101 .... 1\,.,.\i, " �� ' • i 10 1 ,, '` f "� - + 111'N �� on oil Derr o, "woo .0 ____ t v _ - Short Term Rentals ojer S-�_ � Status % t{6. ? ` '#', e Approved I _ ggcilat' Sri. 11 --�� \ • Denied --. , 0 Under Review Gn 1511� �� •y 0 Registered 1 �'- ;��111~� -� L1 _—Tca 1 \ _ 1 Summary of Proposal The applicant submitted a Conditional Use Permit request to operate a three-bedroom Short Term Rental on the subject site.The regulations for Short Term Rental use are identified in Section 241.2 of the City Zoning Ordinance.Specific details pertaining to this application are listed below. ORP Ventures, LLC Agenda Item 18 Page 2 • Number of bedrooms in the Short Term Rental: 3 • Maximum number of guests permitted on the property after 11:00 pm: 6 • Number of parking spaces required (1 space per bedroom required): 3 • Number of off-street parking spaces provided: 3 • + Zoning History % • • # Request OR 1 STR Approved 11/19/2020 // 2 STR Approved 11/19/2020 0F: A 1-. Application Types CUP—Conditional Use Permit MODC—Modification of Conditions STC—Street Closure SVR—Subdivision Variance REZ—Rezoning MODP—Modification of Proffers FVR—Floodplain Variance LUP—Land Use Plan CRZ—Conditional Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental Evaluation & Recommendation The applicant is requesting to operate a Short Term Rental in a three-bedroom single-family home located at 603 20th Street.The site is within the Resort Area and four blocks from the public beaches of the Atlantic Ocean, an area where Short Term Rental use is common. The property is also two blocks east of the Virginia Beach Convention Center and within walking distance to amenities desired by visitors and residents. Two other dwellings along this block of 20th Street are operating as Short Term Rentals with Conditional Use Permits approved in November of 2020. The three-bedroom home is required to have three off-street parking spaces. Each required parking spot can be accommodated on-site. The Zoning Administrator has reviewed this alternative parking plan and has deemed it acceptable. Staff believes that all other requirements of Section 241.2 and Section 2303 of the Zoning Ordinance pertaining to Short Term Rentals can reasonably be met. Based on the considerations above, Staff recommends approval of this request with the conditions listed below. ORP Ventures, LLC Agenda Item 18 Page 3 Recommended Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 603 20th Street, and the Short Term Rental use shall only occur in the principal structure. 2. An annual (yearly)STR Zoning Permit must be obtained from the Department of Planning and Community Development(Zoning Administration) before using the dwelling for Short Term Rental purposes. 3. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii)of the City Zoning Ordinance or as approved by City Council. 4. The garage space within the unit must remain a minimum of 9-feet by 18-feet,contain a minimum 8-foot-wide vehicle entryway opening, and shall remain free of materials to ensure vehicular accessibility to the Short Term Rental tenants. 5. This Conditional Use Permit shall expire five(5)years from the date of approval.The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however,the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints,violations of its conditions or violations of any building, housing, zoning,fire or other similar codes. 6. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two(2)) on the property where the Short Term Rental is located.This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 7. The owner or operator must provide the name and telephone number of a responsible person,who may be the owner, operator or an agent of the owner or operator,who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes and to be physical present at the Short Term Rental within one (1) hour. 8. If, or when,the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements'a'through 'c' below.This information must be submitted to the Planning Department for review and approval. This shall be done within six(6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit;and b) Copies of the Commissioner of Revenue's Office receipt of registration;and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 9. To the extent permitted by state law,each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 10. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise),31-26, 31-27 and 31-28(solid waste collection), 12-5(fires on the beach), 12-43.2 (fireworks),and a copy of any approved parking plan. 11. All refuse shall be placed in automated refuse receptacles,where provided,and comply with the requirements of City Code sections 31-26,31-27 and 31-28. 12. Accessory structures shall not be used or occupied as Short Term Rentals. ORP Ventures, LLC Agenda Item 18 Page 4 13. No signage shall be on-site, except that each Short Term Rental shall have one(1)four-square foot sign posted on the building,or other permanent structure or location approved by the Zoning Administrator,that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 14. The Short Term Rental shall have no more than one (1) rental contract for every seven (7)consecutive days. 15. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars($1,000,000) underwritten by insurers acceptable to the City. 16. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 17. The maximum number of persons on the property after 11:00 p.m.and before 7:00 a.m. ("Overnight Lodgers")shall be two(2) individuals per bedroom,which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three(3). 18. The property owner,or their representative,shall provide to the City Planning Department permission to inspect the Short Term Rental property annually.Such inspection shall include: 1)At least one fire extinguisher has been installed inside the unit (in the kitchen)and in plain sight 2)Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in affect at the of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms,and when activated, be audible in all sleeping rooms,and 3)All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. Properties managed by Short Term Rental Companies certified by the Department of Planning shall only be required to be inspected every three years.The inspection for compliance with the requirements above shall be performed by the short term rental management company and be documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors.The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. 19. A structural safety inspection report shall be provided to the City every three (3)years indicating all exterior stairways,decks, porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection(engineer or architect)and are safe for use.The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways,decks, porches,and balconies must be posted on each level of these structures. 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. ORP Ventures, LLC Agenda Item 18 Page 5 Public Outreach Information Planning Commission • The applicant reported that they met with surrounding property owners, and no concerns were raised. One letter of support has been received by Staff. • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on November 8, 2021. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, November 21, 2021,and November 28, 2021. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on November 22, 2021. • This Staff report,as well as all reports for this Planning Commission's meeting,was posted on the Commission's webpage of www.vbgov.com/pc on December 3, 2021. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,January 2, 2022 and January 9, 2022. • As required by City Code,the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on January 3, 2022 • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on January 14,2022. ORP Ventures, LLC Agenda Item 18 Page 6 Site Layout & Parking Plan 20 ALLEY (NC)STREET SIGN ..t,-,- -r, �r�t Property Line -♦ Will' I ``4,.., 1 , E '' Inground ;1',' _ ' Pool .; , Three ,3,`, r,,`"'� ' BedroomIL's , , Single Family IT,` =,i I • 1 WO S9ORY S i t + :.:.N)TRAM - IIi I J. r • - tinemlionntm• , as a. : LOTS 587 } — O I7S ACRES t.79Q SSO FT a t — IN VI --Mr ~. 1' I 1 1 ( Ij-1 i • Property Line _ - -s Prow iY 67i, i', ,',',' jP1.1! — as, i i 603 20th STREET (VIRG.`tiA AVENJE PER PLATI (80't2Ca'!-IT OF NAY PE PLAT: ORP Ventures, LLC Agenda Item 18 Page 7 Site Photos 1• d f .� ' t ...... elf: ,,.i.,...1 i',....;,.... . , .. -.:.:_,,,..:.„.:::,:i.,...:',:, , ‘ ''•:•for. . A•&,-;.„-•1111 .'. ..- . .1 ,,a.i., r::- '....'ili:-...'‘,.. .• . ''' *.-'11 '. *1' 7-- ;4-14 '' •, `' �` �� - .'}'' Ali, �+-1 7 4. *mot _ ' .F ., '!fi i Jt� A .. ' ti. «,� �`� ' . � . "+_ ;$I'"'ill � -,"ti.' r S ' ' .t �t,* . .:'' ice, i..--..1-4,:i.,;-;....-.--, : ..t.„,. 44.4-'4, .,.. ,.;,,t. . . .:..,.:..._,_,t. ,.._...,, ,........00...t....„•,.4. T:,..., ._ ., .' it 4. ...__ �� it. •. .- .. Lam : 4 1 • —_ ',4\ r a — .. ; _ • iill ORP Ventures, LLC Agenda Item 18 Page 8 Site Photos r ' :: ..I._......, .ie... i. ,. „...... .,,,ili.11.".„.„ 7, 4,4 , .:. sVIL`.� 4. " F sue` -e . ' r*,„ :;-: ....11. i 4 y -•{ �f FL tti f!a ' ', ;,.... 's.,&mmiot. r— ---- 1' .t. /'II .mow :.. IN look • Li•4111111111M1411 " +II I-- . r-.•-��: -• r+c,1 . _ am`-y of 1 , ORP Ventures, LLC Agenda Item 18 Page 9 Disclosure Statement Disclosure Statement 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 taw The completion and subm scion of this form is required for a I applications that pertain to City real estate matters or to the development and/or use of properly in the Crty of Virginia Beach requir rig action by the City Council or a City bnard,commission or other body A. :.licant Disdosure Applicant Name ORP Ventures. LLV Does the applicant have a representative? Iw Yes ❑NO • If yes, r.:the iiomr U.flies+r ep "4 d:iae ii.f dwrrc Box dnn,1•.,f squire is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?•Yes 0 No • It yes,list the names of all officers,directors,members,trustees.etc.below. (Attach a list if necessary) Steven W.Bisha•d,Manager.John K.B shard,Manager • If yes,list tr'e businesses that have a parent-subsidiary'or affiliated business a"t'ty`rely.onship with the applicant. (Attach a list If necessary) '"parent-subsidiary relationship"means"a relationship that ea sts when one corporation directly or indirectly owns shares possess rig more than 50 percent of the voting power of another corporation." See State and local Government Conflict of Interests Act,VA Corse§2 2.3101 'Affiliated business entity relationship"means"a relationship.other than parent-subsidiary relat onship,that coots when lit one business entity has a controlling ownership Interest in the othe-business entity,(ii)a contro'li-g owner in one entity is also a controlling owner in the other entity,or hill there is shared management or control between the business entities Factors chat should be considered in determining the existence of an affiliated business entity relationsh-p Induce that the same person or substantially the same person own or manage the two ent t,es.there are common or comm..ngled funds or assets;the business entities share the‘.se 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 enures.' See State and local Government Conflict of Interests Act,Va Code 42.23101 1i ORP Ventures, LLC Agenda Item 18 Page 10 Disclosure Statement Disclosure Statement known Intecesi b, Public Official or Em plo,et Does Ike-°MkW as employee of the City of WVaI.&each have an Interest in the subject land or any of eoosed development continent an the sabred prabie action?0 Yes E No • It yes,*-.at n tree name of the on del or employee and heat it the netvre of the:Merest 4PPliteittt 5erykls OtkttQsstre 1 Dees ttse app,hcant have any exisane f,:.ancrr.{I VV::,tgagt,Cards of Irwst.cross:o,utc,as,ration,etc or 114 flu any hitanclne•n COnnetton with the sarbjett c.f the application or any Dvs•sett opefatrr;or to be ooe'eted pre tf• A Yes ©No • el yes„4enhfy the I1ner uat IRs•lutiona peo ndhn,6 the seance Tovneaarra 1 Does Inc applicant rya I rear estate broker/age nt/reaftor tar torten!and anticipated f.itjta salts of t'rt tuplecl prppe+ly7 ©Yes •Nlo • H yes,.denlIey the ccrnpany and indnbva'prov,C,,,g the serr:cr 3 Doer the applicant nave services for accoenting and/ar preparatllwtt of tea finial its provided in Connection with the tvie"- the application or ary business operating tr to hr operated on the property'0 YIPS ■No • If yes,identify the firm and indtvtdtul prosidnng the service I Doet the applicant have serrutrs from a.,archbeet/4ndseape arthlteCtiland planner provided in Vann,:. . t"e apiAtatdoh a anybvsm,ess operetsry a'to a,e operand on the Propeltr U Yes Q No • tr vas,dents tr the flrrn and IndM6wl prpvhd rC tar wince Bishard Homes 5 Is t•ht•r al,Gist pending or proposed purchaser of the sab}ets p.perry 7 0 Yes I No • hl yes.,de-..,ry I•,•puns err,and pjrchase,i trivia*.provhdr,s • 4rh;.r' ORP Ventures, LLC Agenda Item 18 Page 11 Disclosure Statement Disclosure StatementNA3 6 Dees the apaiicent ewe a constructors contractor r toneectiar•with the$O lC1 al ne bPNicaaon Or any bYstr.»e•erati?K or to b*atrratat4oel the Oropetty'O Yet i No • r ye,.Nest*,the rornpa't end Inds d ov cad the tr'r.ce 7 Does the applicant here en ergtneer/tarwayrr/ed ewt n cate•�etUO,,With the t.ANtct CO c*e ap.aet.on a er+1;bw"w-i *poen%or eo a operated or tetil aeOPIe r?■Yes CI No • dent*Ilse fern and weiend.w rennee to tee tuned Ati4t. ;It Shane Grant B s the app'csnt r ean.r4 Ypl aatraion r romer:lor wen the subtact ai try appkaison or any woe** or I.be opera:At D'the tvotterty1 U YIDS 0 NO • re Yen,1dereney the bin and.Ott.eU..al pronebri the menu n (Awl d novetrOA. t,fowler Ai•F4lcert S;itatufe 4 Ciliftgty diet$of ON Ilaciarateet tonta•r ed In Ines Otclature Stater ere Forst M WCenphtte.Out.iM manes I badereureel that. ,,pw taw*of 0041.Ctit.o.saw tnr 4,30Cattr,Mt been sten/red for pubic newel"I MIeimpOasMeltrt*Mlflrt4 tnforneabact pno.t4ed Audis tyro eelrbt pnw to the methyl*011,111100011 ComodsMht Oro Cosock apA,WAN&lewd or any public betty or connect**to rorwhcbat witch this appktaYa Applicant Sir law* Star',V. b'?.erd Miner. het Nana and Title 4f1 S/Xt21 Ooze h the ap¢unt at m iM awar of the svniect p'coery) 11 Yet 0 Mo • It YaR you to not need to till ail the ow^Pr tits,o'jre tttsen»•MM FOP Gee Of Deity/Alit dpcbsYren nett br soda.d two f2I yret4t polar to art Pia•rertt Cor•'t-tt.&'and env Cot krir that Pit howl to the a• straws © tw dearer a d Dew 1/4/2022 oem Ariarwea.„'6t .'_. rn.e"""• Ar40nette Fol,ttes 31 ORP Ventures, LLC Agenda Item 18 Page 12 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division,and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. ORP Ventures, LLC Agenda Item 18 Page 13 STR VICINITY MAP ORP VENTURES, LLC - 603 20TH STREET 1r-. .- ---0f- 6, , ---.- 5-- 1 1 • __:,- --...,-------'_-.7-2-4- \\1: tie=_ `1, O ` 1ti 1 �'� ,, 1r;d�- tr ç 'isit =�-- `t , \ till t=t _ _ _-\ `�'L f 1 e` .\ \_ i_ti 1d. � �N r 1 it � � _ �1 - $IP -r'r ks Ma \ _ tt1' ___ -- ..., fts:._______________— -2— � 26 �"r �_S rest __. i__ 00,.sveci.,71:--______).147--...„ ." ,... 0 _.,,, . ,,, . ________________c____, \____ ' .', $ • -----_---_ --3 '4.----- -- - ., - Short Term Rentals .....1 ._ .._ _- V----V\--(9 1�'� • . l - t[eet --1 %f- Statu s 8t - .� ---,, ---S • 0 Approved -'_r JL _-- '', �i1t CD ti • Denied —` \ ' t 1 l 0 0 Under Review hA -[SU Wc\--‘9 • , tl. �-i r 1 n1a �_ t0 Reg ste ed -v1[ 1 � 1 - Virginia Beach Planning Commission December 8, 2021 Public Meeting Agenda Item # 18 ORP Ventures, LLC [Applicant& Property Owner] Conditional Use Permit (Short Term Rental) 603 20'' Street RECOMMENDED FOR APPROVAL— CONSENT ack Wall: Okay. Thank you, Mr. Chairman. We have 26 items on the consent agenda today, on the regular consent agenda, including short term rentals. The first item is agenda items one and two. Virginia Beach Raquet Club North Associates, both applicant and property owner, for Rezoning from R20 to R40 and a Subdivision Variance at 1951 Thomas Bishop Lane in the Lynnhaven District. Is there a representative for this item. Eddie Bourdon: Thank you, Mr. Vice Chair, Mr. Chairman, members of the Commission. For the record, Eddie Bourdon, Virginia Beach Attorney representing the Raquet Club, Dr. Shifflett and his family, on these applications. Appreciate Marchelle's work on this application and being on the consent agenda. The two conditions recommended are acceptable. Eddie Bourdon: I did want to follow on some of Commissioner Wall's inquiries this morning in the informal. I apologize. I'll try to be brief. Thomas Bishop Lane, as it runs through this property, you can see that little dotted line that goes all the way up to the far end. That's a power easement that ran along the original Great Neck Road. Great Neck Road ran right through here, where Thomas Bishop Lane is now, way back in the day. I think it was actually, the new one, was dedicated, I believe, in the mid-60s. So the Shiffletts, knowing that they were going to move this bubble where the tennis courts are now, that was the indoor, over to a new one, about over 10 years ago, started planning for this property. Eddie Bourdon: Three lots were created on the Long Creek Canal with the Subdivision Variance and with Bay Board approval. And it was everybody's consensus at the time not to extend a road and put a cul-de-sac. Because it's more environmentally friendly to do some flag lots. Three flag lots were created. The first one has a house on it. The second one is shown there with the little box. The third one is where the box would've been. And then there was more land to the west and then all the way down. They planned on having five other lots that would've all been served by the same easement that already exists. Eddie Bourdon: 1 Instead, we're just creating three. The third lot of the original three has been incorporated into the rest of the property. And that's that three plus acre piece that will remain as one piece. Two less slots than were originally anticipated. And the road note, there's no new improvements. What is there will continue to be the road under the existing easement that exists today. Sorry for the length, but I thought it would be helpful to everybody to understand. Jack Wall: Okay. Thank you. Eddie Bourdon: Thank you. Jack Wall: Yep. Is there any opposition for this item being placed on the consent agenda? Hearing none, the Planning Commission has asked Mr. Graham to read this into the record. Whitney Graham: Thank you, Mr. Wall. This application for Virginia Beach Raquet Club North Associates LP for the Rezoning of R20 Residential District to R40 Residential District, as well as a Subdivision Variance of the Subdivision Regulations. The property is located 1951 Thomas Bishop Lane. The subject lot is zoned R20 Residential and R40 Residential District and is currently developed with tennis courts and an asphalt parking lot, which has been owned by the Virginia Beach Raquet Club for decades. Whitney Graham: To remove the split zoning on the property, the applicant is requesting to rezone a portion of the property from R20 Residential District to R40 Residential District. This will create three lots, all of which are in excess of 40,000 square feet. The applicant has also received approval from the Chesapeake Bay Preservation Area Board to encroach into the RPA, and have limited impervious coverage of, approximately, a maximum of 30%. Staff, again, supports this project, and we recommend approval. Jack Wall: Okay, thank you. The next item on the agenda is agenda item number three, Samet Properties LLC is the applicant. And Taylor Farms Land Company LLC is the property owner. It's a Conditional Rezoning AG1 and AG2 to 11 Light Industrial at 2097 Harpers Road, in the Beach District. Is there a representative to speak on this item? Eddie Bourdon: Again, thank you, Commissioner Wall, Chairman, members of the Commission, Eddie Bourdon, Virginia Beach attorney representing Samet Properties. Pretty simple application. Appreciate being on the consent agenda and appreciate staffs help and Marchelle's help on the application. Thank you. 2 Jack Wall: Thanks. Okay, thank you. Is there any opposition to this being placed on the consent agenda? Hearing none, the Planning Commission's asked Mr. Alcaraz to read this into the record. George Alcaraz: Thank you. Again, it is a simple application, but I'll just be real short with the details. Conditional Rezoning from AG1 to AG2, Agriculture District to Conditional 11 Light Industrial. Staff is recommending approval. Location is 2097 Harpers Road. On September 7th, 2021, Conditional Rezoning for AG1 to AG2 Agricultural Districts. An 11 Light Industrial District to Conditional 11 Light Industrial District. Excuse me. As well as a Conditional Use Permit for Bulk Storage was granted by City Council to construct a 221,000 square foot distribution center and associated parking. George Alcaraz: With that application, the applicant proposed two stormwater management facilities in underground storage below the proposed parking lot to address the stormwater quality and quality control for the site. The applicant is now seeking to increase the stormwater management facilities for the site by an additional 10 acres to install additional storage in the above ground pod. To accomplish this, the applicant is requesting to rezone an additional 10 acres north of the approved site from AG1 to AG2 to Conditional 11 to accommodate for the additional aboveground storage for this site. George Alcaraz: The Planning Commission is recommending this item for consent agenda for approval. Jack Wall: Okay, thank you. The next item on the consent agenda is agenda item number four, Monet Freeman as the applicant. Shoppes One LLC as the property owner. It's for a Conditional Use Permit for a Tattoo Parlor at 4380 Holland Plaza Shopping Center in the Rose Hall District. Is there a representative to speak on this item? Madam Clerk: Mr. Wall, Monet Freeman is virtual. She's WebEx. So, Ms. Freemn, if you would wait two to three seconds, we're going to unmute your mic. Please state your name, and then state whether or not you agree with conditions of your application. You're on the consent agenda. Monet Freeman: Monet Freeman here. And yes, I do agree. Jack Wall: Is there any opposition for this item to be placed on the consent agenda? Hearing none, the Planning Commission has asked Ms. Klein to read this into the record. Robyn Klein: 3 The applicant is requesting a Conditional Use Permit for a Tattoo Parlor, specifically for the application of permanent makeup, known as microblading. The operation will occur within a 472 square foot unit in the Holland Plaza Shopping Center. The property is zoned B2, Community Business. Staff recommends approval of this application, and it is placed on the consent agenda. Jack Wall: Okay, thank you. The next item on the consent agenda is agenda item number five, Platinum Management LLC.is the applicant and 5429 Greenwich Road. Virginia LLC is the property owner. Conditional Rezoning from 11 Light Industrial to Conditional A36 Apartments for construction of 315 dwelling units at a density of approximately 29.41 units per acre at 5429 Greenwich Road in the Kempsville District. Is there a representative to speak on this item? Lisa Murphy: Good afternoon, Chairman, Vice Chairman, members of the Planning Commission. For the record, my name is Lisa Murphy, local zoning attorney. And I'm here on behalf of Platinum Management LLC. We appreciate all of Marchelle Coleman's work on this project and being placed on the consent agenda. And I thank you for your time. Jack Wall: Thank you. Thank you. Is there any opposition for this item being placed on the consent agenda? Hearing none, the Commission has asked Mr. Redmond to read this into the record. Dave Redmond: Thank you, Mr. Wall. This is an application by Platinum Management LLC at 5429 Greenwich Road for a Conditionally Rezoning from 11 Light Industrial, Conditional A36 Apartment. The applicant is requesting to rezone a 10.73 acre parcel from 11 Light Industrial District to Conditional A36 Apartment District to redevelop the property with a 315-unit multifamily residential community. The property is located within the Newtown Strategic Growth Area, and is currently developed with the Virginia Pilot Newspaper Production and Distribution Facility. Dave Redmond: The two existing buildings on the property will be removed in conjunction with the proposed redevelopment of the site. The submitted conceptual site plan depicts three multifamily buildings, four stories in height, with a clubhouse. The proposed apartments will have an extensive amenity package consisting of courtyard with fire pits, exterior fireplaces, and exclusive seating at a resort style pool, grilling stations, and fitness facilities within the clubhouse. Dave Redmond: If you are familiar with this property, and I don't know how you could not be familiar with this property, it is quite iconic. It is in close proximity to the Top Golf Entertainment Facility, as well as another apartment building in very close proximity of the same height and similar density. This is a redeveloping corridor. There's obviously a gigantic transportation project that 4 surrounds it. The staff has laid out a number of conditions that adequately serve the public interest. Dave Redmond: The Planning Commission agrees not just with their judgements, recognizes that there is no public opposition, and also believes that this is a very appropriate re-development project and moves the city and its people forward. And therefore, we concur with the staffs recommendation and place it on consent. Mr. Wall. Jack Wall: Okay. Thank you very much. The next item on the consent agenda is agenda item number seven, Hunt Club Condominium Association Incorporated is the applicant and property owner, for Modification of Conditions at 120 Loflin Way Drive in the Kempsville District. Is there a representative for this application? Eddie Bourdon: Thank you, Mr. Chairman, Mr. Vice Chairman, members of commission. Again, for the record, Eddie Bourdon, Virginia Beach attorney representing the Hunt Club Condominium Association Inc, which are the owners of the existing 37 units on this 11-acre piece of property. Elizabeth did a fantastic job. I will correct her on one thing. It was a PDH2 rezoning. It was not a Conditional Rezoning, in 1982. And actually, I'd just graduated from law school. Hadn't passed the bar exam. So that tells you how long ago this was. A whole very long time. And it was even before Don was on the Planning Commission, too. Eddie Bourdon: This is a great application, and it is, as Elizabeth said, a unique application. The Association is doing this. This does not represent any additional impervious surfaces. The building pads and the buildings were approved originally with the site plan after the PDH2 rezoning. And it helps the Association, which has all this land it's been maintaining, and these buildings, for the last 38 years. And it's hard for that few number of people to have to pay for all this maintenance. And the new buildings all get upgraded out of this as well. So it's an excellent situation, and anything like it'll probably never exist again. But appreciate being on the consent agenda. Thank you. Jack Wall: Okay. Thank you. Is there any opposition for this application be placed on the consent agenda? Hearing none, the Commission has asked Mr. Bradley to read this into the record. David Bradley: The applicant and property owner Hunt Club Condominium is requesting a Modification of Conditions to increase the number of multifamily dwellings permitted on site by 11 at a resulting density of 4.25 units per acre. The 11.3-acre site is a multi-family residential development originally approved by City Council on September 27th, 1982. When a Conditional Rezoning for this property was approved in 1982, there was a general practice of imposing conditions in lieu of a voluntary proffer agreement. As this practice is no longer preferred, the applicant is offering 5 proffers in order to modify those conditions of approval. Hence the request for the proffered modification of conditions. David Bradley: Condition five of the 1982 approval states, "The applicant has voluntarily agreed to limit the number of units to a total of 37. A modification of this condition is required to revise this limit." As part of their application, the applicant is also offering a site plan, architectural design, and landscaping of this site. Jack Wall: Okay, thank you. Bobby Tahan: Mr. Wall, if I may. Although I'm not required to disclose, I am disclosing for this that I am a member of the Board of Directors and Vice Chairman of the adjacent property owner of Kempsville Christian Church. Because of that, I have not reviewed nor influenced staff on the review of this application. Jack Wall: Okay. Thank you. Next item on the consent agenda is agenda item number eight. Treyana Mills is the applicant and Providence Square Office Park Associates as the property owner for a Conditional Use Permit for Tattoo Parlor at 1017 at Kempsville Road in the Kempsville District. Is their a representative for this application? Jack Wall: Okay. No? Okay. Okay. All right. Seeing that there's none, we're going to move on. Is there any opposition for this item to be placed on the consent agenda? Hearing none, the Planning Commission's asked Mr. Inman to read this into the record. Mike Inman: I'm number nine. Jack Wall: Oh yeah. Number nine. That's it. Mike Inman: Oh, we're on it? Jack Wall: You're number nine. Mike Inman: I thought it was eight. 6 Jack Wall: Number eight. We're on number eight. Sorry. Number eight. Yeah. David Weiner: I have you down for number eight, too. What are we seeing here? I got you down for number eight. Jack Wall: You sure you're not doing eight, Mike? I've got you down for number eight. Mike Inman: I don't have that. David Weiner: Don't look at me, Mike. Mike Inman: You have me down for number eight. Jack Wall: We all have you down for number eight. Mike Inman: Give me two seconds, and I'll do it. Jack Wall: Yeah. That'd be good. Mike Inman: Yeah. I'm prepared for number nine. Who's doing number nine? Jack Wall: Mr. Coston's doing number nine. John Coston: You got your glasses. Jack Wall: Don't y'all fight there. I couldn't get it by them. Speak up earlier. Dave Redmond: Sit tight. Just be cool. Be cool. Jack Wall: 7 Dave, you want us to do it, Dave? Mike Inman: I'll do it. Come on. It's number eight, is application for the Tattoo Parlor. It's located at 1017 Kempsville Road. The request is for the applicant to must obtain a business license from the Health Department. The applicant's not proposing any new signage for the establishment. About four employees are anticipated, and typical hours of operation will be 10:00 AM to 5:00 PM. There are a number of conditions that have been approved, and it's accepted by the applicant. And the Comprehensive Plan recognizes this property as being within the suburban area, and that its guiding principles have been established by the comprehensive plan, and that this use will meet those criteria. And for that reason, staff recommended it. And we agreed to put it on the consent agenda. Jack Wall: Thank you. Great job. Appreciate it. Mike Inman: Winging it. Jack Wall: The next item on the consent agenda is Kevin and Keisha Mercer as the applicant and RT Virginia Holdings LLC as the property owner for a Conditional Use Permit for Assembly Use at 5300 Kemps River Drive in the Kempsville District. Is there a representative to speak on this application? Jack Wall: Welcome, please state your name. Keisha Mercer: Thank you. Good afternoon. My name is Keisha Mercer. I represent Venue 1225. I am seeking a space for individuals to have celebratory events. And I thank you all for your time and consideration. Jack Wall: Okay. Thanks. Are the about the six conditions acceptable? Keisha Mercer: Yes. Jack Wall: Okay. Thank you. Okay. I appreciate it. Thanks. Thank you. Is there any opposition for this application to be placed on the consent agenda? Dave Redmond: 8 Jack,just let me go out of the box here for a minute. Today's Mr. Inman's last meeting, and he's ready to read number nine. I think we should let him read number nine. Jack Wall: Oh, that's a great idea. That's a great idea. Go ahead. Mike Inman: Mr. Will be very disappointed. Jack Wall: I think he'll be all right. Dave Redmond: He doesn't look disappointed. Mike Inman: You don't mind if I do? John Coston: I don't mind. Mike Inman: Oh okay. No, it's very gracious of you. Mike Inman: All right. So number nine is a Conditional Use Permit application at the Kemp's Corner Shops, which is in a B2 Community Business District. The applicant estimates a number of guests, and it's for an assembly hall, banquet hall. And as the applicant's stated, it's for celebratory events. And applicant estimates the number of guests will ranged from 10 to 105. The parking requirements are met on site. There are no significant modifications to the site anticipated, or the building. The conditions include onsite signage must meet the zoning code. All activities must occur within the building, outdoor events are prohibited unless permitted by a special event permit. And no amplification of music or speakers or monitors will be permitted except within the enclosed building. And having met those conditions, staff recommends and we put it on a consent agenda. Jack Wall: Okay. Thank you very much. Mike Inman: My pleasure. Jack Wall: 9 The next item is agenda item number 10, Jodie Calcagno as the applicant and HCD Properties LLC as the property owner for a Conditioned Use Permit for Assembly Use at 4752 Euclid Road in the Bayside District. Is there a representative for this application? Welcome. Jodie Calcagno: Thank you, Chairman, Vice Chairman, and members of the Planning Commission. My name is Jody Michelle Calcagno, and I'm representing 4752 Euclid Road. Thank you, Michaela, for your guidance during this process. And thank you for including me on the consent agenda today. I accept all terms. Jack Wall: Okay. So the seven conditions are acceptable? Jodie Calcagno: They are. Yes. Thank you. Jack Wall: All right. Thank you. Is there any opposition for this item to be placed on the consent agenda? Hearing none, the Planning Commission's asked Mr. Redmond to read this into the record. Dave Redmond: Thank you, Mr. Wall. This is an application by Jody Calcagno, who we just saw, for Conditional Use Permit for an Assembly Use. The applicant is proposing to convert a portion of the first floor of an existing 12,600 square foot office building into a boutique event venue. Events such as these are classified in the Zoning Ordinance as Assembly Uses, thereby necessitating a Conditional Use Permit in the B2 Community Business District. The 3,400 square foot event space will consist of three party rooms and an outdoor patio. The applicant plans to host bridal and wedding showers, as well as business retreats. Dave Redmond: The second floor of the existing building will remain office space with 11 units. You can see a picture of the building here. It's appropriate for this kind of use. I'm very familiar with this building. I work right around the corner. There was some concern about the amount of parking, and parking availability for the office uses and for this event venue. The applicant has proposed to manage her events in such a way in hours, so as not conflict with the business use in this building. So they are utilizing a shared parking arrangement, in a way, which is in and of itself a positive thing, more parking, less asphalt. Everybody's needs and uses get met. It's an appropriate use in this location. The staff supports it. We're unaware of any opposition, and the commission agrees, then,with the staff by consent. Thank you, Mr. Wall. Jack Wall: All right. Thank you. The next application is agenda number 11, Michael D Sifen Incorporated as the applicant and Virginia Beach Investment Company as the property owner for Conditional Use Permit for self-storage mini warehouse. Is there a representative for this? Actually, it's in 10 the Centerville... Excuse me. It's in the Centerville District at the corner southwest intersection of Providence Road and College Park Boulevard. Is there a representative for this application? Eddie Bourdon: Thank you, Mr. Vice Chair, Mr. Chairman, members of the commission. Again, Eddie Bourdon, Virginia Beach attorney, for the record, representing Michael D Sifen Incorporated. I want to thank Michaela for her extremely good work on this. And I want compliment Mr. Tajan for the new hires that the department. They're excellent additions. All nine conditions, as recommended in the use permit, are acceptable. I want to add one thing. The building is actually designed. It is a 45-foot tall building roof. The only reason it's above are the parapets, which add to the architectural interest of the building. And also, they shield mechanical equipment that's on top from view. So the building was at 45-feet, but it's just for the parapet. Thank you very much. Jack Wall: Okay. Thank you. Is there any opposition for this application to be placed on the consent agenda? I'm hearing none. We've asked Ms. Klein to read this into the record. Robyn Klein: The applicant is requesting a Conditional Use permit for a mini-warehouse on a 2.89-acre undeveloped parcel zoned B2 Community Business District at the southwest corner of Providence Road and College Park Boulevard. The four-story mini-warehouse building will be climate controlled with a floor area of 165,680 square feet. Staff supports the application, and the Commission places sit on the consent agenda. Jack Wall: Okay, thank you. Additionally, we have the short-term rentals, which are now in the regular consent agenda. And the next application is 12 through 17, agenda items 12 through 17, 2508 Pacific Avenue LLC is both the applicant and property owner for Conditional Use Permits for short-term rentals at 2510, 2514, 2518, 2522, 2526, 2530 Pacific Avenue in the Beach District. Is there a representative for this application? Eddie Bourdon: Like a bad penny. I keep turning up. Eddie Bourdon, Virginia Beach attorney representing 2508 Pacific Avenue LLC. Thanks to Antoinette and Ms. Moss and her staff, all 21 conditions as recommended, are acceptable. I did want to, again, put on the record, this is new. What Council approved when they finally got, and you all after all the years, these units, all but one, that doesn't have a garage. The ones with the garage are all two-car garages. And to meet the parking requirements, they're two-car garages for use as just a residence. But the short term rental ordinance now says you only get to get one parking space credit in the garage. So this is, just so everyone is,just really over parked by having the extra 10 spaces. But then it's not a complaint. Just want to put that on the record because not everybody's completely aware of that change. Thank you. Jack Wall: 11 Thank you. Thank you. Is there any opposite for this being placed on the consent agenda? Hearing none... Okay. Next is number 18 ORP Ventures LLC is both the applicant and property owner requesting a short-term rental Conditional Use Permit at 603 20th Street in the Beach District. Is there a representative for this application? Eddie Bourdon: Again, Eddie Bourdon, Virginia Beach attorney representing the applicant. Again, appreciate Antoinette's work. All 19 conditions, as recommended, are acceptable to the applicant. Jack Wall: Okay. Thank you. The next item is agenda item number 19 through 27 ORP Venture LLC. Again as applicant and property owner Conditional Use Permit for short term rentals at 410 19th Street unit 101, 102, 103, 201, 202 and 412 and 19th Street unit 101, 102, 201, 202 in the Beach District. Is there representative for this application? Eddie Bourdon: Again, Eddie Bourdon, Virginia Beach attorney representing the applicant. Before I tell you that all 19 conditions, or excuse me, all 18 conditions are acceptable, I wanted to thank Mr. Inman for his service to our city. All of you, for that matter, as volunteers, as much time and effort as you put into it. But Mr. Inman has brought all a great deal of knowledge of real estate law to the table, which I think has helped everyone over the course of his tenure on this Commission. And he'll be sorely missed. Won't be able to be replaced, but there'll be someone that'll do a good job just the same. And I want to wish everybody Happy Holidays, Merry Christmas, Happy New Year. Hope everybody has a great, safe holiday, and appreciate Brandon's work. And the conditions are acceptable to my clients. Thank you very much. Mike Inman: Thank you. Jack Wall: Is there any opposition for agenda items 18 through 27 being placed on the consent agenda? All right. Hearing none, Mr. Chairman I make a motion that we approve agenda items 1 and 2, 3, 4, 5, 7, 8, 9, 10, 11, 12 through 17, 18, and 19 through 27. David Weiner: All right. We have a motion for approval. Do we have a second? Donald Horsley: Second. David Weiner: A second. David Weiner: 12 Okay. Now, disclosures. Yeah, I know. We're going there. We got the motion. We got the second. Now we have the disclosures. Okay, go. You start, Whitney. Whitney Graham: Thank you, Mr. Chairman. Pursuant to the Conflicts of Interest Act, Virginia Code Section 2.2- 3115F, I have a letter on file to this as well. I make the following declarations, the following agenda items on today's agenda have some financing by Towne Bank, which I serve on one of the Boards at Towne Bank, but I don't make any decisions for loans or anything like that. Whitney Graham: So anyway, these are items one and two Virginia Beach Raquet Club North Associates LP, 1951 Thomas Bishop Lane, number 10, Jody Calcagno, 4752 Euclid Road, agenda items 12 through 17, 2508 Pacific Avenue LLC for 2510, 2514, 2518, 2522, 2526, 2530 Pacific Avenue, agenda item number 18, ORF Ventures LLC, 603 20th Street, agenda items 19 through 27 ORF Ventures LLC, 410 19th Street units 101, 102, 103, 201, 202. And this is at 412 19th Street units 101, 102, 201 and 202. Sorry about the length of that. Thank you. David Weiner: All right. Next, Mr. Redmond. Dave Redmond: Yeah, I'm not going to do any of that. I will say that I have a letter, myself, on file with the City Attorney's Office, which prevents me from voting on all the short-term rentals. I have a client in the travel industry, and I therefore do not vote on any of the individual short term rental applications, nor on any of the ordinances that govern short term rentals. So while I will be voting in favor of the consent agenda, I'm specifically abstaining from those items, which I have down as number 12 to 27 on short term rentals. Thank you, Kay. And thank you, Mr. Chairman. David Weiner: Mr. Inman. Mike Inman: Yes, I have to make a disclosure regarding items financing by Towne Bank. I serve on Advisory Board, as does Mr. Graham, that does not make any loan decisions, but disposing with regard to agenda items one and 2, 10, 18, and 19 through 27, without going into the same detail that Mr. Graham did. I believe I can participate in these decisions fairly and objectively, and I will participate in voting on those items. Mike Inman: Next, I'm making a disclosure with regard to item number three, Samet Properties. One of my partners represents the applicant Taylor Farms Land Company. And I'm not involved in that representation, nor do I represent the owner. And I have no financial interest on. Having made this disclosure, I believe I can participate in this vote objectively, fairly, and in the public interest. 13 Mike Inman: Last but not least, with regard to item seven Hunt Club Condominium, I represent that applicant otherwise, not here today, obviously Mr. Bourdon did, and I will therefore abstain from item number seven. David Weiner: Okay. Mr. Graham, do you want to add something? Whitney Graham: Yes, sir, Mr. Chairman. I apologize. In my disclosure, I want to add that I do plan to participate in today's vote, and that I feel that I can do so fairly and objectively in the public's interest. Thank you. David Weiner: Anyone else? Okay. We have a motion for approval by Mr. Wall, a second by Mr. Horsley. Madam Clerk: Okay. Vote is open. By recorded vote of 10 in favor, zero against, agenda items one and 2, 3, 4, 5, 8, 9, 10, and 11 have been recommended for approval by consent. Agenda item number seven, by recorded vote of nine in favor, zero against with one abstention, has been recommended for approval by consent. And agenda items 12 through 17, 18, 19 through 27 through recorded vote of nine in favor, zero against with one abstention, have been recommended for approval by consent. AYE 9 NAY 0 ABS 1 ABSENT 1 Alcaraz AYE Bradley AYE Coston AYE Graham AYE Horsley AYE Inman AYE Klein AYE Oliver ABSENT Redmond ABSTAIN Wall AYE Weiner AYE CONDITIONS 1. The following conditions shall only apply to the dwelling unit addressed as 603 20th Street, and the Short Term Rental use shall only occur in the principal structure. 2. An annual (yearly) STR Zoning Permit must be obtained from the Department of Planning and Community Development(Zoning Administration) before using the dwelling for Short Term Rental purposes. 14 3. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 4. The garage space within the unit must remain a minimum of 9-feet by 18-feet, contain a minimum 8-foot-wide vehicle entryway opening, and shall remain free of materials to ensure vehicular accessibility to the Short Term Rental tenants. 5. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 6. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2))on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 7. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes and to be physical present at the Short Term Rental within one (1) hour. 8. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 9. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 10. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 11. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 12. Accessory structures shall not be used or occupied as Short Term Rentals. 13. No signage shall be on-site, except that each Short Term Rental shall have one (1) four- square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a short term rental and provides 15 the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 14. The Short Term Rental shall have no more than one (1) rental contract for every seven (7) consecutive days. 15. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 16. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 17. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 18. The property owner, or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Such inspection shall include: 1)At least one fire extinguisher has been installed inside the unit(in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in affect at the of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, and 3)All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. Properties managed by Short Term Rental Companies certified by the Department of Planning shall only be required to be inspected every three years. The inspection for compliance with the requirements above shall be performed by the short term rental management company and be documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors. The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. 19. A structural safety inspection report shall be provided to the City every three (3) years indicating all exterior stairways, decks, porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect)and are safe for use. The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks, porches, and balconies must be posted on each level of these structures. 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 16 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. 17 th street OR % �--\ ' \ 1g cv A 0 OR _. street OR \ 7 Mgt A 0 th street ___---- __- - O rest ' _ �•� / OR0 .' st .� A9th - n 41 I 0111 ili 0 OR0 \ 1,0c50 7 C:C1-\ / 00% 0 ‘z Cill ii ,c1:1 0 0 Ili OR \pR _,____, ; 01v n\_,_010111111 - / e t Stye OR —�1 AgthiOR 1 , N // Site ORP Ventures, LLC W•,4& ,; Property Polygons 410 19th Street, Units 101 , 102, 103, 201 , 202 1 . ® Zoning 412 19th Street, Units 101 , 102, 201 , 202 Building Feet 0 15 30 60 90 120 150 180 /.?. ,... ii„), [. ..,"" i. t5. 4« y CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: ORP VENTURES, LLC Conditional Use Permits (Short Term Rentals) for the property located at 410 19th Street, Units 101, 102, 103, 201, 202 and 412 19th Street, Units 101, 102, 201, 202 (GPIN 24270754750000). CURRENT COUNCIL DISTRICT — BEACH (FUTURE COUNCIL DISTRICT — DISTRICT 6) MEETING DATE: January 18, 2022 • Background: The applicant is requesting to operate nine, one-bedroom Short Term Rentals located at 410 & 412 19th Street. The site is within the Oceanfront Resort Zoning District. All nine units within the structure are owned by the applicant. • Considerations: The nine, one-bedroom Short Term Rentals are required to have one off-street parking space per unit, totaling nine parking spaces. The applicant's parking plan depicts five off-street parallel parking spaces on the east side of the property, along with six parking spaces in the rear, providing a total of 11 parking spaces for the site, which is two more spaces than the minimum required. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. Staff received one letter of support and there is no known opposition to this request. • Recommendation: On December 8, 2021 , the Planning Commission passed a motion to recommend this item on the Consent Agenda, passing a motion by a recorded vote of 9-0, with 1 abstention, to recommend approval of this request. 1. The following conditions shall only apply to the dwelling units addressed as 410 19th Street Units 101, 102, 103, 201, 202 and 412 19th Street Units 101, 102, 201, 202, and the Short Term Rental use shall only occur in the principal structure. 2. An annual (yearly) STR Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwelling for Short Term Rental purposes. 3. Off-street parking shall be provided as required by Section 241 .2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. ORP Ventures, LLC Page 2 of 4 4. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 5. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 6. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes and to be physical present at the Short Term Rental within one (1) hour. 7. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 8. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 9. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23- 71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. ORP Ventures, LLC Page 3 of 4 10.All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31- 28. 11 .Accessory structures shall not be used or occupied as Short Term Rentals. 12.No signage shall be on-site, except that each Short Term Rental shall have one (1) four-square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a Short Term Rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 13.The Short Term Rental shall have no more than one (1) rental contract for every seven (7) consecutive days. 14.The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 15.There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 16.The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 17.The property owner, or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Such inspection shall include: 1) At least one fire extinguisher has been installed inside the unit (in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in affect at the of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, and 3) All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. Properties managed by Short Term Rental Companies certified by the Department of Planning shall only be required to be inspected every three years. The inspection for compliance with the requirements above shall be performed by the Short Term Rental management company and be documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. ORP Ventures, LLC Page 4 of 4 Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors. The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. 18.A structural safety inspection report shall be provided to the city every three (3) years indicating all exterior stairways, decks, porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect) and are safe for use. The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks, porches, and balconies must be posted on each level of these structures. • Attachments: Staff Report and Disclosure Statements Location Map STR Vicinity Map Minutes of Planning Commission Hearing Letter of Support (1) Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: Applicant & Property Owner ORP Ventures, LLC Agenda Items City Council Public Hearing January 18, 2022 11.. 19 City Council Election District Beach Virginia Beach Requests Conditional Use Permits(Short Term Rental) Staff Recommendation Approval � ` .� 14) al Staff Planner �� Øi WO • Brandon Hackney , ,''" - 0 Location 0000 s 410 19th Street, Units 101, 102, 103, 201,202 264 412 19th Street, Units 101, 102,201, 202 }9`h 5« N4 i,'_ 'Bths�q :0 1ta0.1 M,..a 'Li geal�� \ GPIN S ,b=9h„' 24270754750000 �l L °1„hs 15th _ s Site Size 1a,n 5,‘"1 ' r."" 12„`5"e° 8,700 square feet 5„ o,� `0 t)th, t 11,h S� 120' %I.'. Existing Land Use and Zoning District Multi-family dwellings/OR Oceanfront Resort Surrounding Land Uses and Zoning Districts North . - n,� %,„ `. 19th Street Undeveloped/OR Oceanfront Resort °.-® South r• . - 1.44.\\ : Alley I F — -,.' ' '- .' Single-family dwellings/OR Oceanfront Resort • - rt 9 East . = a r'#`� Single-family dwellings/OR Oceanfront Resort : r i West , c ‘ t- •I• I Public right-of-way(alley) aE Multi-family dwellings/OR Oceanfront Resort ;- ` fN . I C c S A R U ` ` n:.. y f 4J t - 1 16th$tFR'et ORP Ventures, LLC Agenda Items 19-27 Page 1 Background & Summary of Proposal Site Conditions and History • This 8,700 square foot parcel is zoned OR(Oceanfront Resort District)and is a two-story structure containing eight, one-bedroom units.An additional unit in what was a utility space is pending construction.This will bring the total to nine one-bedroom units. • The applicant owns all nine units within the structure. • According to City records,this structure was constructed in 1970. • There are 11 parking spaces on the site that were constructed with the development in 1970, six of which are encroaching into the public alley along the rear of the property. • Staff inspected the site on October 20,2021 to observe site conditions and take photographs for this report. • On-street parking is not permitted on this portion of 19th Street. • No records of zoning violations relating to Short Term Rental use were found associated with the subject address. • According to the applicant,this property was not used for Short Term Rental purposes prior to July 1,2018. CURRENTLY ADVERTISED LAST KNOWN RENTAL REGISTERED WITH THE COMMISSIONER OF THE REVENUE No N/A N/A ORP Ventures, LLC Agenda Items 19-27 Page 2 Short Term Rentals in the Vicinity { 5 A __- r s 1�y 11t�' _ ri Vt411---- ---:-_,- --.-- \ , fi1 a °Me __ , 1l1 . tit ,o : -, / re 11 1 ,;�t1►." it{ 1 . . Os \leWill OS ''4 0°111111a"ilk -III.a in i a c . .. : • 11600.A,,—...,------ Ilya - X 10\ 0 ..-- '4, ' f .,6 Short Term Rentals - • -"t - 1;`,� Status B X �t1 �_ 1. • Approved ` \''� �r . 1 0 Denied l 0 l l r f. under Review { • ., O Registered ll `' Summary of Proposal The applicant submitted Conditional Use Permit requests to operate nine Short Term Rentals on the subject site.The regulations for Short Term Rental use are identified in Section 241.2 of the City Zoning Ordinance.Specific details pertaining to this application are listed below. Address: 410 19th St 412 19th St Unit: 101 102 103 201 202 101 102 201 202 Number of bedrooms in 1 1 1 1 1 1 1 1 1 the Short Term Rentals: Maximum number of guests permitted on the 2 2 2 2 2 2 2 2 2 property after 11:00 pm: Number of parking spaces required (1 space 1 1 1 1 1 1 1 1 1 per bedroom): Number of parking spaces assigned to each 1 1 1 1 1 1 1 1 1 unit: ORP Ventures, LLC Agenda Items 19-27 Page 3 \_\__,\i, 2 ` ,L 1 a � .sv' Zoning History �} , �,\ # Request 1 CUP(Short Term Rental)Approved 06/09/2020 �— . \. 2 ALT(Maximum building height,building setbacks,building ' ..111, B, ' type,and several conditional uses for a mixed-use ---______A1 development)Approved 08/20/2021 \ oR —' ',..--1'-‘-- \ f I 5 Application Types CUP—Conditional Use Permit MODC—Modification of Conditions STC—Street Closure SVR—Subdivision Variance REZ—Rezoning MODP—Modification of Proffers FVR—Floodplain Variance LUP—Land Use Plan CRZ—Conditional Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental Evaluation & Recommendation This property is located along 19th Street within the Oceanfront Resort Area,which consists of single-family and multi- family residential dwellings as well as multiple commercial uses that are oriented to resort living and activities. The subject lot is zoned Oceanfront Resort District. The applicant's parking plan depicts five off-street parallel parking spaces on the east side of the property,along with six parking spaces in the rear, providing a total of 11 parking spaces for the site,which is two more spaces than the minimum required. The six spaces at the rear of the property,which are partially in the right-of-way,were constructed as a part of the development in 1970.There is a wood fence,also encroaching into the right-of-way,that is placed behind the spaces thereby fully enclosing the property.These spaces and fence encroach 9.5 feet into the otherwise unimproved public alley. Based on the considerations above,Staff recommends approval of this request with the conditions listed below. Recommended Conditions 1. The following conditions shall only apply to the dwelling units addressed as 410 19th Street Units 101, 102, 103, 201, 202 and 412 19th Street Units 101, 102, 201,202,and the Short Term Rental use shall only occur in the principal structure. 2. An annual (yearly) STR Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwelling for Short Term Rental purposes. ORP Ventures, LLC Agenda Items 19-27 Page 4 3. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 4. This Conditional Use Permit shall expire five(5)years from the date of approval.The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however,the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints,violations of its conditions or violations of any building, housing,zoning,fire or other similar codes. 5. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two(2)) on the property where the Short Term Rental is located.This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 6. The owner or operator must provide the name and telephone number of a responsible person,who may be the owner,operator or an agent of the owner or operator,who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes and to be physical present at the Short Term Rental within one (1) hour. 7. If, or when,the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a'through 'c' below.This information must be submitted to the Planning Department for review and approval.This shall be done within six(6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit;and b) Copies of the Commissioner of Revenue's Office receipt of registration;and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 8. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 9. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71(noise),31-26,31-27 and 31-28(solid waste collection), 12-5(fires on the beach), 12-43.2(fireworks), and a copy of any approved parking plan. 10. All refuse shall be placed in automated refuse receptacles,where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 11. Accessory structures shall not be used or occupied as Short Term Rentals. 12. No signage shall be on-site,except that each Short Term Rental shall have one(1)four-square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator,that identifies the property as a Short Term Rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 13. The Short Term Rental shall have no more than one (1) rental contract for every seven (7)consecutive days. 14. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 15. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 16. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers")shall be two(2) individuals per bedroom,which number shall not include minors under the age of 16, provided that in no ORP Ventures, LLC Agenda Items 19-27 Page 5 case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 17. The property owner,or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Such inspection shall include: 1)At least one fire extinguisher has been installed inside the unit (in the kitchen)and in plain sight 2)Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in affect at the of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms,and when activated, be audible in all sleeping rooms,and 3)All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. Properties managed by Short Term Rental Companies certified by the Department of Planning shall only be required to be inspected every three years.The inspection for compliance with the requirements above shall be performed by the Short Term Rental management company and be documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors.The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. 18. A structural safety inspection report shall be provided to the city every three (3)years indicating all exterior stairways, decks, porches,and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect) and are safe for use.The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways,decks, porches, and balconies must be posted on each level of these structures. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on November 5,2021. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, November 21, 2021,and November 28, 2021. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on November 22,2021. ORP Ventures, LLC Agenda Items 19-27 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 December 2,2021. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,January 2, 2022 and January 9,2022. • As required by City Code,the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on January 3, 2022 • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on January 14,2022. ORP Ventures, LLC Agenda Items 19-27 Page 7 U N 00 J NJU1 —10) N Co N d i C 41 — f6 d -0 cc c Property Line 0 L, 9-unit Condominium 19' d A 0 d a-• 0 Q a :O a) e'- 1------ 1 1 5 Parallel spaces _r_. ^o L N_ 9' x 18' parking space X W C f° 9' x 22' parallel E. parking space C .Y i C Parking Required: 9 Spaces OS Parking Provided: 11 Spaces I N • -....... . ........ 6 eSed LZ-61 swall ermia2V Dli 'sannuaA dwp, 9 liE 1°°1-1PUCI°gS .,01 I =„91/E 1°°1.1 ISI!fr ,-:.----- :: ,....--_--------.— —, -- . - • . I —---,---r•-f I .,,• I. „ ' CL"7".. -77:'—'fl:k 17 J.,- -•••,, , _ i , ;." ... • :: q !i i ..son ----'--.7.7!.. ! ,!•:,i'' F ,. ....-.., _ I .---yi ...........L.L1 Z ., •,li.6. 7 il'V.; 1 iii '- -•-• 1 i LI-. ,,, I A I -.4 , 1 ____ ZO # 1 •r------4;i -I r , • 1!1-1 n -••• ZOZ#_.,Li . !, 4 .. - -,..-...-1 L''.' 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"'''' -, ' _..A....--i.s.•211 r.:-.] r-- -...-.:--- --0....-_----.—;--....--•=7-‘a _.7.- _ , ueld oold Site Photos y � _...siiooll "..eve" .. a. +c 1 . 1d oo It •• ji ifeitit r - ! t 11'— *aczk ®- - -� >-`'i =� -� 1 I1' 1a; r: rF ''- 4i M ORP Ventures, LLC Agenda Items 19-27 Page 10 Site Photos 4 175 f. AC j\ I I ' ._,,,,,,,,,T N •.--, . .•,, r. .- .T .w k' - , r. ORP Ventures, LLC Agenda Items 19-27 Page 11 Disclosure Statement Disclosure Statement \ 4 Planning C:onlmurntE° Development The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board,commission or other body Applicant Disclosure Applicant Name ORP Ventures,LLC Does the applicant have a representative? ■Yes 0 No • if yes.I st the name of the represertatfve R Edward Bourdon Jr Esac:ire Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?®Yes 0 No • it yes 'ist the names of at officers.directors,members.trustees.etc below (Attach a list if necessary) Steven W &shard,Manager,John K Bishard,Manager • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant (Attach a list if necessary) "Parent-subsidiary relationship"means'a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting Dower of another corporation.- See State and Local Government Conflict of Interests Act,VA Code§2 2-3101. "Affiliated business entity relationship"means"a relationship.other than parent subsidiary relationship,that exists when(r)one business entity has a controlling ownership interest in the other business entity.(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(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§223101 1I ORP Ventures, LLC Agenda Items 19-27 Page 12 Disclosure Statement Disclosure Statement • - vianniug&Community Develnpment Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public actior2❑Yes 111 NO • If yes,what is the name of the official or employee and what is the nature of the interest/ Applicant services Disclosure I tJoes the applicant have any existing financing(mortgage,deeds of trust,cross-collateraGration,etc)or are they considering any financing in connection w:tn the s„bject of the app icat on or any business operatmg or to be operated on the property? II Yes D No • If yes,identify the financial institutions providing the service. towneOank 2. Does the applicant have a real estate broker/agent/reactor•o•c.,:'ent and anticipated future sales of the subject property) D Yes ■No • if yes,identify the company and individual providing the service 3 Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operatea on the property?0 Yes I♦ No • it yes,identify the firm and individual providing the service 4 Does the applicant have services from an architect/landscape architectfland planner provided in connection with the subject of the application or any business operating or to be operated on the property'II Yes 0 No • If yes,identify the e..rr and inn ii-dual p,nv ding the service. Land Planning Solutions -John Bengston 5 Is there any other pending or proposed purchaser of the subject property?❑Yes `No • if yes,identify the purchaser and purchaser's service providers ORP Ventures, LLC Agenda Items 19-27 Page 13 Disclosure Statement Disclosure Statement ?`ions 6 Lxies the aop icant have a construction contractor in cc^rect,on with the subject of the application or any business operating or to be operated cm the property?0 Yes lir No • If yes,identify the tampon.,and Individual prov dire the stM cc 7 Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property!IN Yes ❑No • If yes,Identify the firm and individual provsdwng the service WPL -Eric Gamer 8 is the applicant receiving legal s•rvkes in connection with the subject of the application or any business operating a to be operated on the property?Ill Yes 0 No • If yes,identify the firm and individual providirg the service R Edward Bourdon,Jr,Esquire -Sykes,Bourdon,Ahern&Levy,P.C. Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate 1 understand that. upon receipt of notification that the applicatior has been scheduled for public hearing.I am responsible for updat rig the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,(SPA,Wetlands Boa,d or any pubic body or committee In connection with this application Applicant Signatur e Steven W.Bishard,Manager Print Name and Title 9/13/2021 Date b the applicant also the owner of the subject property) fN Yes LI No • r yrs,y.l. out need to tilt out the owner disclosure statement • = •„Le/All disclosures must be updated two(2)weeks prior to any Planninng Commission and City Council meeting . to the applications Q IY9 rh•s•t M p•ta :. fiarra" .riot Naar 7% AIN HaF a 3) ORP Ventures, LLC Agenda Items 19-27 Page 14 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division,and the issuance of a Certificate of Occupancy,are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. ORP Ventures, LLC Agenda Items 19-27 Page 15 44,L ,--33-:3 . \ .. _,,..\--leA\sizip. \- \ ....... y'si.:. ______ :::::: - - _ -- „-----. • ..4 -- -•••‘ - l•-::::•-• ' • • \ ,\ .0. ..,l--------r------ -r cc t . oa t l' - - { n � ~ l Q t l y ` 'i ,\-__- _. , i t t , , :- :::.--:. . .--- Z U - / ''. Ili \ 101111 0 • \ __---\ \ > Lid 0.... . ____ \ 0 .\000 n. t___., _,_.. .., ,., ,, _L-, ,,..3. ...„ .,___,, , v4.0 ..„3.)-1,...„.... ,..,,:_,-,.,,,,,,,_ __, .„,,,5,. ,..,..„, 0 ., 7..., \____=, v--- c, cc t t Lu ep 5= N1 —t _ it _ ro CC ___,Y.„.„---' ' \..----13 ; . t t rah 1 1y,: ti \ \,.. 1 --- - . \4.6-,o.0 liter 2,re. --_ `�1 -' may_ ct D fr Virginia Beach Planning Commission December 8, 2021 Public Meeting Agenda Items # 19-27 ORP Ventures, LLC [Applicant& Property Owner] Conditional Use Permits (Short Term Rentals) 410 19th Street, Units 101, 102, 103, 201, 202, & 412 19th Street Units 101, 102, 201, 202 RECOMMENDED FOR APPROVAL— CONSENT ack Wall: Okay. Thank you, Mr. Chairman. We have 26 items on the consent agenda today, on the regular consent agenda, including short term rentals. The first item is agenda items one and two. Virginia Beach Raquet Club North Associates, both applicant and property owner, for Rezoning from R20 to R40 and a Subdivision Variance at 1951 Thomas Bishop Lane in the Lynnhaven District. Is there a representative for this item. Eddie Bourdon: Thank you, Mr. Vice Chair, Mr. Chairman, members of the Commission. For the record, Eddie Bourdon, Virginia Beach Attorney representing the Raquet Club, Dr. Shifflett and his family, on these applications. Appreciate Marchelle's work on this application and being on the consent agenda. The two conditions recommended are acceptable. Eddie Bourdon: I did want to follow on some of Commissioner Wall's inquiries this morning in the informal. I apologize. I'll try to be brief. Thomas Bishop Lane, as it runs through this property, you can see that little dotted line that goes all the way up to the far end. That's a power easement that ran along the original Great Neck Road. Great Neck Road ran right through here, where Thomas Bishop Lane is now, way back in the day. I think it was actually, the new one, was dedicated, I believe, in the mid-60s. So the Shiffletts, knowing that they were going to move this bubble where the tennis courts are now, that was the indoor, over to a new one, about over 10 years ago, started planning for this property. Eddie Bourdon: Three lots were created on the Long Creek Canal with the Subdivision Variance and with Bay Board approval. And it was everybody's consensus at the time not to extend a road and put a cul-de-sac. Because it's more environmentally friendly to do some flag lots. Three flag lots were created. The first one has a house on it. The second one is shown there with the little box. The third one is where the box would've been. And then there was more land to the west and then all the way down. They planned on having five other lots that would've all been served by the same easement that already exists. Eddie Bourdon: 1 Instead, we're just creating three. The third lot of the original three has been incorporated into the rest of the property. And that's that three plus acre piece that will remain as one piece. Two less slots than were originally anticipated. And the road note, there's no new improvements. What is there will continue to be the road under the existing easement that exists today. Sorry for the length, but I thought it would be helpful to everybody to understand. Jack Wall: Okay. Thank you. Eddie Bourdon: Thank you. Jack Wall: Yep. Is there any opposition for this item being placed on the consent agenda? Hearing none, the Planning Commission has asked Mr. Graham to read this into the record. Whitney Graham: Thank you, Mr. Wall. This application for Virginia Beach Raquet Club North Associates LP for the Rezoning of R20 Residential District to R40 Residential District, as well as a Subdivision Variance of the Subdivision Regulations. The property is located 1951 Thomas Bishop Lane. The subject lot is zoned R20 Residential and R40 Residential District and is currently developed with tennis courts and an asphalt parking lot, which has been owned by the Virginia Beach Raquet Club for decades. Whitney Graham: To remove the split zoning on the property, the applicant is requesting to rezone a portion of the property from R20 Residential District to R40 Residential District. This will create three lots, all of which are in excess of 40,000 square feet. The applicant has also received approval from the Chesapeake Bay Preservation Area Board to encroach into the RPA, and have limited impervious coverage of, approximately, a maximum of 30%. Staff, again, supports this project, and we recommend approval. Jack Wall: Okay, thank you. The next item on the agenda is agenda item number three, Samet Properties LLC is the applicant. And Taylor Farms Land Company LLC is the property owner. It's a Conditional Rezoning AG1 and AG2 to 11 Light Industrial at 2097 Harpers Road, in the Beach District. Is there a representative to speak on this item? Eddie Bourdon: Again, thank you, Commissioner Wall, Chairman, members of the Commission, Eddie Bourdon, Virginia Beach attorney representing Samet Properties. Pretty simple application. Appreciate being on the consent agenda and appreciate staffs help and Marchelle's help on the application. Thank you. Jack Wall: 2 Thanks. Okay, thank you. Is there any opposition to this being placed on the consent agenda? Hearing none, the Planning Commission's asked Mr. Alcaraz to read this into the record. George Alcaraz: Thank you. Again, it is a simple application, but I'll just be real short with the details. Conditional Rezoning from AG1 to AG2, Agriculture District to Conditional 11 Light Industrial. Staff is recommending approval. Location is 2097 Harpers Road. On September 7th, 2021, Conditional Rezoning for AG1 to AG2 Agricultural Districts. An 11 Light Industrial District to Conditional 11 Light Industrial District. Excuse me. As well as a Conditional Use Permit for Bulk Storage was granted by City Council to construct a 221,000 square foot distribution center and associated parking. George Alcaraz: With that application, the applicant proposed two stormwater management facilities in underground storage below the proposed parking lot to address the stormwater quality and quality control for the site. The applicant is now seeking to increase the stormwater management facilities for the site by an additional 10 acres to install additional storage in the above ground pod. To accomplish this, the applicant is requesting to rezone an additional 10 acres north of the approved site from AG1 to AG2 to Conditional 11 to accommodate for the additional aboveground storage for this site. George Alcaraz: The Planning Commission is recommending this item for consent agenda for approval. Jack Wall: Okay, thank you. The next item on the consent agenda is agenda item number four, Monet Freeman as the applicant. Shoppes One LLC as the property owner. It's for a Conditional Use Permit for a Tattoo Parlor at 4380 Holland Plaza Shopping Center in the Rose Hall District. Is there a representative to speak on this item? Madam Clerk: Mr. Wall, Monet Freeman is virtual. She's WebEx. So, Ms. Freemn, if you would wait two to three seconds, we're going to unmute your mic. Please state your name, and then state whether or not you agree with conditions of your application. You're on the consent agenda. Monet Freeman: Monet Freeman here. And yes, I do agree. Jack Wall: Is there any opposition for this item to be placed on the consent agenda? Hearing none, the Planning Commission has asked Ms. Klein to read this into the record. Robyn Klein: The applicant is requesting a Conditional Use Permit for a Tattoo Parlor, specifically for the application of permanent makeup, known as microblading. The operation will occur within a 472 3 square foot unit in the Holland Plaza Shopping Center. The property is zoned B2, Community Business. Staff recommends approval of this application, and it is placed on the consent agenda. Jack Wall: Okay, thank you. The next item on the consent agenda is agenda item number five, Platinum Management LLC.is the applicant and 5429 Greenwich Road. Virginia LLC is the property owner. Conditional Rezoning from 11 Light Industrial to Conditional A36 Apartments for construction of 315 dwelling units at a density of approximately 29.41 units per acre at 5429 Greenwich Road in the Kempsville District. Is there a representative to speak on this item? Lisa Murphy: Good afternoon, Chairman, Vice Chairman, members of the Planning Commission. For the record, my name is Lisa Murphy, local zoning attorney. And I'm here on behalf of Platinum Management LLC. We appreciate all of Marchelle Coleman's work on this project and being placed on the consent agenda. And I thank you for your time. Jack Wall: Thank you. Thank you. Is there any opposition for this item being placed on the consent agenda? Hearing none, the Commission has asked Mr. Redmond to read this into the record. Dave Redmond: Thank you, Mr. Wall. This is an application by Platinum Management LLC at 5429 Greenwich Road for a Conditionally Rezoning from 11 Light Industrial, Conditional A36 Apartment. The applicant is requesting to rezone a 10.73 acre parcel from 11 Light Industrial District to Conditional A36 Apartment District to redevelop the property with a 315-unit multifamily residential community. The property is located within the Newtown Strategic Growth Area, and is currently developed with the Virginia Pilot Newspaper Production and Distribution Facility. Dave Redmond: The two existing buildings on the property will be removed in conjunction with the proposed redevelopment of the site. The submitted conceptual site plan depicts three multifamily buildings, four stories in height, with a clubhouse. The proposed apartments will have an extensive amenity package consisting of courtyard with fire pits, exterior fireplaces, and exclusive seating at a resort style pool, grilling stations, and fitness facilities within the clubhouse. Dave Redmond: If you are familiar with this property, and I don't know how you could not be familiar with this property, it is quite iconic. It is in close proximity to the Top Golf Entertainment Facility, as well as another apartment building in very close proximity of the same height and similar density. This is a redeveloping corridor. There's obviously a gigantic transportation project that surrounds it. The staff has laid out a number of conditions that adequately serve the public interest. 4 Dave Redmond: The Planning Commission agrees not just with their judgements, recognizes that there is no public opposition, and also believes that this is a very appropriate re-development project and moves the city and its people forward. And therefore, we concur with the staffs recommendation and place it on consent. Mr. Wall. Jack Wall: Okay. Thank you very much. The next item on the consent agenda is agenda item number seven, Hunt Club Condominium Association Incorporated is the applicant and property owner, for Modification of Conditions at 120 Loflin Way Drive in the Kempsville District. Is there a representative for this application? Eddie Bourdon: Thank you, Mr. Chairman, Mr. Vice Chairman, members of commission. Again, for the record, Eddie Bourdon, Virginia Beach attorney representing the Hunt Club Condominium Association Inc, which are the owners of the existing 37 units on this 11-acre piece of property. Elizabeth did a fantastic job. I will correct her on one thing. It was a PDH2 rezoning. It was not a Conditional Rezoning, in 1982. And actually, I'd just graduated from law school. Hadn't passed the bar exam. So that tells you how long ago this was. A whole very long time. And it was even before Don was on the Planning Commission, too. Eddie Bourdon: This is a great application, and it is, as Elizabeth said, a unique application. The Association is doing this. This does not represent any additional impervious surfaces. The building pads and the buildings were approved originally with the site plan after the PDH2 rezoning. And it helps the Association, which has all this land it's been maintaining, and these buildings, for the last 38 years. And it's hard for that few number of people to have to pay for all this maintenance. And the new buildings all get upgraded out of this as well. So it's an excellent situation, and anything like it'll probably never exist again. But appreciate being on the consent agenda. Thank you. Jack Wall: Okay. Thank you. Is there any opposition for this application be placed on the consent agenda? Hearing none, the Commission has asked Mr. Bradley to read this into the record. David Bradley: The applicant and property owner Hunt Club Condominium is requesting a Modification of Conditions to increase the number of multifamily dwellings permitted on site by 11 at a resulting density of 4.25 units per acre. The 11.3-acre site is a multi-family residential development originally approved by City Council on September 27th, 1982. When a Conditional Rezoning for this property was approved in 1982, there was a general practice of imposing conditions in lieu of a voluntary proffer agreement. As this practice is no longer preferred, the applicant is offering proffers in order to modify those conditions of approval. Hence the request for the proffered modification of conditions. David Bradley: 5 Condition five of the 1982 approval states, "The applicant has voluntarily agreed to limit the number of units to a total of 37. A modification of this condition is required to revise this limit."As part of their application, the applicant is also offering a site plan, architectural design, and landscaping of this site. Jack Wall: Okay, thank you. Bobby Tahan: Mr. Wall, if I may. Although I'm not required to disclose, I am disclosing for this that I am a member of the Board of Directors and Vice Chairman of the adjacent property owner of Kempsville Christian Church. Because of that, I have not reviewed nor influenced staff on the review of this application. Jack Wall: Okay. Thank you. Next item on the consent agenda is agenda item number eight. Treyana Mills is the applicant and Providence Square Office Park Associates as the property owner for a Conditional Use Permit for Tattoo Parlor at 1017 at Kempsville Road in the Kempsville District. Is their a representative for this application? Jack Wall: Okay. No? Okay. Okay.All right. Seeing that there's none, we're going to move on. Is there any opposition for this item to be placed on the consent agenda? Hearing none, the Planning Commission's asked Mr. Inman to read this into the record. Mike Inman: I'm number nine. Jack Wall: Oh yeah. Number nine. That's it. Mike Inman: Oh, we're on it? Jack Wall: You're number nine. Mike Inman: I thought it was eight. Jack Wall: Number eight. We're on number eight. Sorry. Number eight. Yeah. David Weiner: 6 I have you down for number eight, too. What are we seeing here? I got you down for number eight. Jack Wall: You sure you're not doing eight, Mike? I've got you down for number eight. Mike Inman: I don't have that. David Weiner: Don't look at me, Mike. Mike Inman: You have me down for number eight. Jack Wall: We all have you down for number eight. Mike Inman: Give me two seconds, and I'll do it. Jack Wall: Yeah. That'd be good. Mike Inman: Yeah. I'm prepared for number nine. Who's doing number nine? Jack Wall: Mr. Coston's doing number nine. John Coston: You got your glasses. Jack Wall: Don't y'all fight there. I couldn't get it by them. Speak up earlier. Dave Redmond: Sit tight. Just be cool. Be cool. Jack Wall: Dave, you want us to do it, Dave? Mike Inman: I'll do it. Come on. It's number eight, is application for the Tattoo Parlor. It's located at 1017 Kempsville Road. The request is for the applicant to must obtain a business license from the 7 Health Department. The applicant's not proposing any new signage for the establishment. About four employees are anticipated, and typical hours of operation will be 10:00 AM to 5:00 PM. There are a number of conditions that have been approved, and it's accepted by the applicant. And the Comprehensive Plan recognizes this property as being within the suburban area, and that its guiding principles have been established by the comprehensive plan, and that this use will meet those criteria. And for that reason, staff recommended it. And we agreed to put it on the consent agenda. Jack Wall: Thank you. Great job. Appreciate it. Mike Inman: Winging it. Jack Wall: The next item on the consent agenda is Kevin and Keisha Mercer as the applicant and RT Virginia Holdings LLC as the property owner for a Conditional Use Permit for Assembly Use at 5300 Kemps River Drive in the Kempsville District. Is there a representative to speak on this application? Jack Wall: Welcome, please state your name. Keisha Mercer: Thank you. Good afternoon. My name is Keisha Mercer. I represent Venue 1225. I am seeking a space for individuals to have celebratory events. And I thank you all for your time and consideration. Jack Wall: Okay. Thanks. Are the about the six conditions acceptable? Keisha Mercer: Yes. Jack Wall: Okay. Thank you. Okay. I appreciate it. Thanks. Thank you. Is there any opposition for this application to be placed on the consent agenda? Dave Redmond: Jack, just let me go out of the box here for a minute. Today's Mr. Inman's last meeting, and he's ready to read number nine. I think we should let him read number nine. Jack Wall: Oh, that's a great idea. That's a great idea. Go ahead. 8 Mike Inman: Mr. Will be very disappointed. Jack Wall: I think he'll be all right. Dave Redmond: He doesn't look disappointed. Mike Inman: You don't mind if I do? John Coston: I don't mind. Mike Inman: Oh okay. No, it's very gracious of you. Mike Inman: All right. So number nine is a Conditional Use Permit application at the Kemp's Corner Shops, which is in a B2 Community Business District. The applicant estimates a number of guests, and it's for an assembly hall, banquet hall. And as the applicant's stated, it's for celebratory events. And applicant estimates the number of guests will ranged from 10 to 105. The parking requirements are met on site. There are no significant modifications to the site anticipated, or the building. The conditions include onsite signage must meet the zoning code. All activities must occur within the building, outdoor events are prohibited unless permitted by a special event permit. And no amplification of music or speakers or monitors will be permitted except within the enclosed building. And having met those conditions, staff recommends and we put it on a consent agenda. Jack Wall: Okay. Thank you very much. Mike Inman: My pleasure. Jack Wall: The next item is agenda item number 10, Jodie Calcagno as the applicant and HCD Properties LLC as the property owner for a Conditioned Use Permit for Assembly Use at 4752 Euclid Road in the Bayside District. Is there a representative for this application? Welcome. Jodie Calcagno: Thank you, Chairman, Vice Chairman, and members of the Planning Commission. My name is Jody Michelle Calcagno, and I'm representing 4752 Euclid Road. Thank you, Michaela, for your 9 guidance during this process. And thank you for including me on the consent agenda today. I accept all terms. Jack Wall: Okay. So the seven conditions are acceptable? Jodie Calcagno: They are. Yes. Thank you. Jack Wall: All right. Thank you. Is there any opposition for this item to be placed on the consent agenda? Hearing none, the Planning Commission's asked Mr. Redmond to read this into the record. Dave Redmond: Thank you, Mr. Wall. This is an application by Jody Calcagno, who we just saw, for Conditional Use Permit for an Assembly Use. The applicant is proposing to convert a portion of the first floor of an existing 12,600 square foot office building into a boutique event venue. Events such as these are classified in the Zoning Ordinance as Assembly Uses, thereby necessitating a Conditional Use Permit in the B2 Community Business District. The 3,400 square foot event space will consist of three party rooms and an outdoor patio. The applicant plans to host bridal and wedding showers, as well as business retreats. Dave Redmond: The second floor of the existing building will remain office space with 11 units. You can see a picture of the building here. It's appropriate for this kind of use. I'm very familiar with this building. I work right around the corner. There was some concern about the amount of parking, and parking availability for the office uses and for this event venue. The applicant has proposed to manage her events in such a way in hours, so as not conflict with the business use in this building. So they are utilizing a shared parking arrangement, in a way, which is in and of itself a positive thing, more parking, less asphalt. Everybody's needs and uses get met. It's an appropriate use in this location. The staff supports it. We're unaware of any opposition, and the commission agrees, then, with the staff by consent. Thank you, Mr. Wall. Jack Wall: All right. Thank you. The next application is agenda number 11, Michael D Sifen Incorporated as the applicant and Virginia Beach Investment Company as the property owner for Conditional Use Permit for self-storage mini warehouse. Is there a representative for this? Actually, it's in the Centerville... Excuse me. It's in the Centerville District at the corner southwest intersection of Providence Road and College Park Boulevard. Is there a representative for this application? Eddie Bourdon: Thank you, Mr. Vice Chair, Mr. Chairman, members of the commission. Again, Eddie Bourdon, Virginia Beach attorney, for the record, representing Michael D Sifen Incorporated. I want to thank Michaela for her extremely good work on this. And I want compliment Mr. Tajan for the new hires that the department. They're excellent additions. All nine conditions, as recommended 10 in the use permit, are acceptable. I want to add one thing. The building is actually designed. It is a 45-foot tall building roof. The only reason it's above are the parapets, which add to the architectural interest of the building. And also, they shield mechanical equipment that's on top from view. So the building was at 45-feet, but it's just for the parapet. Thank you very much. Jack Wall: Okay. Thank you. Is there any opposition for this application to be placed on the consent agenda? I'm hearing none. We've asked Ms. Klein to read this into the record. Robyn Klein: The applicant is requesting a Conditional Use permit for a mini-warehouse on a 2.89-acre undeveloped parcel zoned B2 Community Business District at the southwest corner of Providence Road and College Park Boulevard. The four-story mini-warehouse building will be climate controlled with a floor area of 165,680 square feet. Staff supports the application, and the Commission places sit on the consent agenda. Jack Wall: Okay, thank you. Additionally, we have the short-term rentals, which are now in the regular consent agenda. And the next application is 12 through 17, agenda items 12 through 17, 2508 Pacific Avenue LLC is both the applicant and property owner for Conditional Use Permits for short-term rentals at 2510, 2514, 2518, 2522, 2526, 2530 Pacific Avenue in the Beach District. Is there a representative for this application? Eddie Bourdon: Like a bad penny. I keep turning up. Eddie Bourdon,Virginia Beach attorney representing 2508 Pacific Avenue LLC. Thanks to Antoinette and Ms. Moss and her staff, all 21 conditions as recommended, are acceptable. I did want to, again, put on the record, this is new. What Council approved when they finally got, and you all after all the years, these units, all but one, that doesn't have a garage. The ones with the garage are all two-car garages. And to meet the parking requirements, they're two-car garages for use as just a residence. But the short term rental ordinance now says you only get to get one parking space credit in the garage. So this is, just so everyone is,just really over parked by having the extra 10 spaces. But then it's not a complaint. Just want to put that on the record because not everybody's completely aware of that change. Thank you. Jack Wall: Thank you. Thank you. Is there any opposite for this being placed on the consent agenda? Hearing none... Okay. Next is number 18 ORP Ventures LLC is both the applicant and property owner requesting a short-term rental Conditional Use Permit at 603 20th Street in the Beach District. Is there a representative for this application? Eddie Bourdon: Again, Eddie Bourdon, Virginia Beach attorney representing the applicant. Again, appreciate Antoinette's work. All 19 conditions,as recommended, are acceptable to the applicant. 11 Jack Wall: Okay. Thank you. The next item is agenda item number 19 through 27 ORP Venture LLC. Again as applicant and property owner Conditional Use Permit for short term rentals at 410 19th Street unit 101, 102, 103, 201, 202 and 412 and 19th Street unit 101, 102, 201, 202 in the Beach District. Is there representative for this application? Eddie Bourdon: Again, Eddie Bourdon, Virginia Beach attorney representing the applicant. Before I tell you that all 19 conditions, or excuse me, all 18 conditions are acceptable, I wanted to thank Mr. Inman for his service to our city. All of you, for that matter, as volunteers, as much time and effort as you put into it. But Mr. Inman has brought all a great deal of knowledge of real estate law to the table, which I think has helped everyone over the course of his tenure on this Commission. And he'll be sorely missed. Won't be able to be replaced, but there'll be someone that'll do a good job just the same. And I want to wish everybody Happy Holidays, Merry Christmas, Happy New Year. Hope everybody has a great, safe holiday, and appreciate Brandon's work. And the conditions are acceptable to my clients. Thank you very much. Mike Inman: Thank you. Jack Wall: Is there any opposition for agenda items 18 through 27 being placed on the consent agenda? All right. Hearing none, Mr. Chairman I make a motion that we approve agenda items 1 and 2, 3, 4, 5, 7, 8, 9, 10, 11, 12 through 17, 18, and 19 through 27. David Weiner: All right. We have a motion for approval. Do we have a second? Donald Horsley: Second. David Weiner: A second. David Weiner: Okay. Now, disclosures. Yeah, I know. We're going there. We got the motion. We got the second. Now we have the disclosures. Okay, go. You start, Whitney. Whitney Graham: Thank you, Mr. Chairman. Pursuant to the Conflicts of Interest Act, Virginia Code Section 2.2- 3115F, I have a letter on file to this as well. I make the following declarations, the following agenda items on today's agenda have some financing by Towne Bank, which I serve on one of the Boards at Towne Bank, but I don't make any decisions for loans or anything like that. Whitney Graham: 12 So anyway, these are items one and two Virginia Beach Raquet Club North Associates LP, 1951 Thomas Bishop Lane, number 10, Jody Calcagno, 4752 Euclid Road, agenda items 12 through 17, 2508 Pacific Avenue LLC for 2510, 2514, 2518, 2522, 2526, 2530 Pacific Avenue, agenda item number 18, ORF Ventures LLC, 603 20th Street, agenda items 19 through 27 ORF Ventures LLC, 410 19th Street units 101, 102, 103, 201, 202. And this is at 412 19th Street units 101, 102, 201 and 202. Sorry about the length of that. Thank you. David Weiner: All right. Next, Mr. Redmond. Dave Redmond: Yeah, I'm not going to do any of that. I will say that I have a letter, myself, on file with the City Attorney's Office, which prevents me from voting on all the short-term rentals. I have a client in the travel industry, and I therefore do not vote on any of the individual short term rental applications, nor on any of the ordinances that govern short term rentals. So while I will be voting in favor of the consent agenda, I'm specifically abstaining from those items, which I have down as number 12 to 27 on short term rentals. Thank you, Kay. And thank you, Mr. Chairman. David Weiner: Mr. Inman. Mike Inman: Yes, I have to make a disclosure regarding items financing by Towne Bank. I serve on Advisory Board, as does Mr. Graham, that does not make any loan decisions, but disposing with regard to agenda items one and 2, 10, 18, and 19 through 27, without going into the same detail that Mr. Graham did. I believe I can participate in these decisions fairly and objectively, and I will participate in voting on those items. Mike Inman: Next, I'm making a disclosure with regard to item number three, Samet Properties. One of my partners represents the applicant Taylor Farms Land Company. And I'm not involved in that representation, nor do I represent the owner. And I have no financial interest on. Having made this disclosure, I believe I can participate in this vote objectively, fairly, and in the public interest. Mike Inman: Last but not least, with regard to item seven Hunt Club Condominium, I represent that applicant otherwise, not here today, obviously Mr. Bourdon did, and I will therefore abstain from item number seven. David Weiner: Okay. Mr. Graham, do you want to add something? Whitney Graham: 13 Yes, sir, Mr. Chairman. I apologize. In my disclosure, I want to add that I do plan to participate in today's vote, and that I feel that I can do so fairly and objectively in the public's interest. Thank you. David Weiner: Anyone else? Okay. We have a motion for approval by Mr. Wall, a second by Mr. Horsley. Madam Clerk: Okay. Vote is open. By recorded vote of 10 in favor, zero against, agenda items one and 2, 3, 4, 5, 8, 9, 10, and 11 have been recommended for approval by consent. Agenda item number seven, by recorded vote of nine in favor, zero against with one abstention, has been recommended for approval by consent. And agenda items 12 through 17, 18, 19 through 27 through recorded vote of nine in favor, zero against with one abstention, have been recommended for approval by consent. AYE 9 NAY 0 ABS 1 ABSENT 1 Alcaraz AYE Bradley AYE Coston AYE Graham AYE Horsley AYE Inman AYE Klein AYE Oliver ABSENT Redmond ABSTAIN Wall AYE Weiner , AYE CONDITIONS: 1. The following conditions shall only apply to the dwelling units addressed as 410 19th Street Units 101, 102, 103, 201, 202 and 412 19th Street Units 101, 102, 201, 202, and the Short Term Rental use shall only occur in the principal structure. 2. An annual (yearly) STR Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwelling for Short Term Rental purposes. 3. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 4. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 14 5. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight(number of bedrooms times two (2))on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 6. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes and to be physical present at the Short Term Rental within one (1) hour. 7. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 8. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 9. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28(solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 10. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 11. Accessory structures shall not be used or occupied as Short Term Rentals. 12. No signage shall be on-site, except that each Short Term Rental shall have one (1)four- square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a Short Term Rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 13. The Short Term Rental shall have no more than one(1) rental contract for every seven (7) consecutive days. 14. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 15. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 16. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16, provided that in no case may the total number of 15 persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 17. The property owner, or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Such inspection shall include: 1)At least one fire extinguisher has been installed inside the unit(in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in affect at the of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, and 3)All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. Properties managed by Short Term Rental Companies certified by the Department of Planning shall only be required to be inspected every three years. The inspection for compliance with the requirements above shall be performed by the Short Term Rental management company and be documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors. The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. 18. A structural safety inspection report shall be provided to the city every three (3) years indicating all exterior stairways, decks, porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect) and are safe for use. The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks, porches, and balconies must be posted on each level of these structures. 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. 16 irt,c1“.. J u,a"t Lf0 L( 2 0 a 54-,-tee J-- V;I- t ,� 1lti 17ta.t, 1 v4 Z3- I November /f , 2021 ATTN: Brandon Hackney City of Virginia Beach Planning Department 2875 Sabre Street,Suite 500 Virginia Beach,VA 23452 Concerning 412 19th Street—Short term rental Dear Antionette Fowikes and City Staff, My name isLIdac\-b� otAtl reside at el0Li ZD'Al $#1,--t-�4-- As a neighbor to 412 19`h Street, I weaid like to express my support for ORP Ventures, LLC to operate this property as a short term rental. There are currently several other short term rentals on 20th street operated by ORP Ventures, LLC that have brought a fresh and updated look to the block. I fully support ORP Ventures, LLC to renovate and hope for the application's success. Sincerely yours, CS �,n�� �� \c\k� e_ rime, 1 1-, e,o r,--, L. APPOINTMENTS 2040 VISION TO ACTION COMMUNITY COALITION AGRICULTURAL ADVISORY COMMITTEE ARTS AND HUMANITIES COMMISSION BAYFRONT ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION BIKEWAYS AND TRAILS ADVISORY COMMITTEE BOARD OF BUILDING CODE APPEALS CITIZEN OVERSIGHT BOARD COMMUNITY ORGANIZATION GRANT(COG)REVIEW AND ALLOCATION COMMITTEE COMMUNITY POLICY AND MANAGEMENT TEAM GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HISTORICAL REVIEW BOARD INDEPENDENT CITIZEN REVIEW BOARD MINORITY BUSINESS COUNCIL OCEANA LAND USE CONFORMITY COMMITTEE OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION RESORT ADVISORY COMMISSION SOCIAL SERVICES ADVISORY BOARD TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE URBAN AGRICULTURE ADVISORY COMMITTEE 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 TChelius(avbgov.com or call 385-4303. Citizens who wish to speak can sign up either in-person or virtually via WebEx. Anyone wishing to participate virtually, must follow the two-step process provided below: 1. Register for the WebEx at: https://vbgov.webex.com/vbgov/onstage/g.php?MTID=e209d7aa3 05dd3994c9a63 e444798b87e 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on January 18, 2022. CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:01/04/2022 PAGE: 1 B AGENDA ITEM# SUBJECT MOTION VOTE L B H 0 W W U R E L J R T I 0 C A D N C OMO 0 L O C N Y L ON OUW S T HCEEME S S EOE I H R YBS S ERNN CITY MANAGER'S BRIEFING A. PENDING PLANNING ITEMS Robert J.Tajan, Director—Planning and Community Development II-V. CERTIFICATION OF CLOSED SESSION CERTIFIED 11-0 Y Y Y Y Y Y Y Y Y Y Y A-E F. MINUTES 10-0 Y Y A Y Y YYY Y Y Y B 1. INFORMAL and FORMAL SESSIONS APPROVED S December 7,2021 T A N E D 2. SPECIAL SESSION APPROVED 10-0 Y Y A Y Y YYYY Y December 7,2021 B S T A 1 N E D 3. INFORMAL and FORMAL SESSIONS APPROVED 9-0 Y Y A Y Y Y A Y Y Y Y December 14,2021 B B S S T T A A I I N N E E D D G. PUBLIC HEARING 1 SPEAKER 1. CAFÉ FRANCHISE AGREEMENT 27"'Atlantic,LLC t/a Oscars Oceanfront at 2613 Atlantic Avenue re boardwalk café 1.1. Ordinance to AMEND City Code: ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y a. Section 2-6 re Resort Advisory Commission (RAC)re composition requirements(Requested by Council Member Tower) I.1. Ordinance to AMEND City Code: DEFERRED TO 7-3 N N Y Y A YYY Y N Y b. Sections 5-531,21-303,23-7.1,23-7.5,27-7 and MARCH 1,2022 B 38-5 and REPEAL Section 21-221 re law S enforcement officers (Requested by Sheriffs T Office) A N E D I.1. Ordinance to AMEND City Code: ADOPTED,BY 11-0 Y Y Y Y Y YYY Y Y Y c. Section 7-66 re designation of City highways for CONSENT golf cart operation CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:01/04/2022 PAGE: 2 B AGENDA E ITEM# SUBJECT MOTION VOTE R H L B H 0 W W U R E L J R T I 0 C A DNC OMO 0 L O C N Y L ON OUW S T HCEEME S S EOE I FIR YBS S ERNN I.2. Ordinance to GRANT a five(5)year Franchise ADOPTED,BY 11-0 Y Y Y Y Y YYYY Y Y Agreement to 27t1 Atlantic, LLC t/a Oscars CONSENT Oceanfront at 2613 Atlantic Avenue re outdoor boardwalk café in the Resort Area DISTRICT 6 —BEACH I.3. Ordinance to AUTHORIZE a temporary ADOPTED,BY 11-0 Y Y Y Y Y YYY Y Y Y encroachment into a portion of City right-of-way CONSENT known as Kempsville Road (formerly Great Bridge Road)at the front of 720 Kempsville Road re construct and maintain a concrete driveway DISTRICT 2—KEMPSVILLE 1.4. Ordinance to DONATE crushed and reclaimed ADOPTED,BY 11-0 Y Y Y Y Y YYY Y Y Y concrete to Lynnhaven River NOW re creating a CONSENT sanctuary reef in the Western Branch of the Lynnhaven River I.5. Ordinance to AUTHORIZE longevity and ADOPTED 9-1 Y Y Y Y A YNY Y Y Y college incentives for the sworn employees of B the Sheriff's Office and TRANSFER up to S $570,000 from vacancy savings within the General E Fund to the Sheriff's Special Revenue Fund N (Request by Sheriff Stolle) T 1.6. Ordinance to ADJUST appropriated funding for ADOPTED,BY 11-0 Y Y Y Y Y YYY Y Y Y Capital Project 100159,"Elbow Road Extended CONSENT Phase II-C," with a net increase of$2,937,087 COUNCIL DISTRICTS 1— CENTERVILLE and 7—PRINCESS ANNE 1.7. Ordinances to ACCEPT and APPROPRIATE: ADOPTED,BY 11-0 Y Y Y Y Y YYYY Y Y CONSENT a. $18,603 from Edward Bryne Justice Assistance Grant(JAG)to the FY 2021-22 Police Operating Budget and to AUTHORIZE a local match(25% of the provided federal funds)re purchase eight (8) replacement automated external defibrillators, sixteen (16) defibrillator pads, twelve(12)mounted patrol helmets,and twelve (12)protective horse nose guards with visors b. $64,000 from the Department of Criminal Justice Services to the Police Department re certification of"Restrictive Justice Facilitators" c. $333,990 for three (3) grant awards from the Virginia Department of Emergency to the FY 2021-22 Emergency Management Operating Budget re purchase a Regional Urban Area Security Operations Trailer, build security training sites on police training grounds and support active threat joint simulation training and exercise CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:01/04/2022 PAGE: 3 B AGENDA E ITEM# SUBJECT MOTION VOTEL R B H 0 W W U R E L J R T I O C A DNCOMOO L 0 C N Y L ONOUWS T HCEEME S S EOE I H R YBS S ERNN I.B. Ordinances to TRANSFER: a. $122,000 from the FY 2021-22 Human Services ADOPTED,BY 10-1 Y Y Y Y Y YNY Y Y Y Operating Budget to CIP Project #100100, CONSENT "Human Services Comprehensive Health Records System" re replacement of the healthcare records system b. $162,347 from the FY 2021-22 Public Works ADOPTED,BY 10-0 Y Y Y Y Y A Y Y Y Y Y Operating Budget to Capital Project #100364 CONSENT B "Schilling Point Neighborhood Dredging" S DISTRICT 5—LYNNHAVEN T A N E D c. $32,260 from vacancy savings in the General Fund ADOPTED 10-1 Y Y Y Y Y YNY Y Y Y to the FY 2021-22 Commissioner of the Revenue Operating Budget and APPROVE pay range increases for the Deputy and Chief Deputy position series(Requested by the Commissioner of the Revenue and City Treasurer) J.1. VIRGINIA BEACH RACQUET CLUB APPROVED AS 11-0 Y Y Y Y Y YYY Y Y Y NORTH ASSOCIATES, LP for a Change of PROFFERED Zoning from R-20 for a Residential District to R- /CONDITIONED, 40 Residential District re redevelop with three(3) BY CONSENT single family dwellings and a Variance to Section 4.4(b) of the Subdivision Regulations re street line frontage at 1951 Thomas Bishop Lane DISTRICT 5—LYNNHAVEN J.2. SAMET PROPERTIES, LLC / TAYLOR APPROVED AS 11-0 Y Y Y Y Y YYY Y Y Y FARMS LAND COMPANY, LLC for a PROFFERED,BY Conditional Change of Zoning from AG-1&AG- CONSENT 2 Agricultural Districts to Conditional I-1 Light Industrial District re increase ten(10)acres on site for additional stormwater storage in an above ground pond at 2097 Harpers Road DISTRICT 6—BEACH J.3 PLATINUM MANAGEMENT, LLC / 5429 APPROVED AS 9-2 Y Y Y N Y YNY Y Y Y GREENWICH ROAD, VA, LLC Conditional PROFFERED,BY Change of Zoning from I-1 Light Industrial to CONSENT Conditional A-36 Apartment re redevelop the property with a 315-unit multi-family residential community at 5429 Greenwich Road DISTRICT 2—KEMPSVILLE J.4. MONET FREEMAN/SHOPPES I,LLC fora APPROVED/ 11-0 Y Y Y Y Y YYY Y Y Y Conditional Use Permit re tattoo parlor at 4380 CONDITIONED, Holland Plaza Shopping Center DISTRICT 3 — BY CONSENT ROSE HALL K.S. TRAYA'NA MILLS / PROVIDENCE APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y SQUARE OFFICE PARK ASSOCIATES for a CONDITIONED, Conditional Use Permit re tattoo parlor at 1017 BY CONSENT Kempsville Road DISTRICT 2—KEMPSVILLE CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:01/04/2022 PAGE: 4 B E AGENDA R H ITEM# SUBJECT MOTION VOTE L B H 0 W W U R E L J R T I 0 C A D N C O M O O L O C N Y L ONOUWS T HCEEME S S EOE I _ H R YBS S ERNN K.6. KEVIN&KEISHA MERCER/RT VIRGINIA APPROVED/ 11-0 Y Y Y Y Y YYY Y Y Y HOLDINGS,LLC for a Conditional Use Permit CONDITIONED, re assembly use at 5300 Kempsriver Drive,Suite BY CONSENT 126 DISTRICT 2—KEMPSVILLE K.7. JODIE CALCAGNO/H C D PROPERTIES, APPROVED/ 10-1 Y Y A Y Y YNY Y Y Y LC for a Conditional Use Permit re assembly use CONDITIONED, at 4752 Euclid Road DISTRICT 4—BAYSIDE BY CONSENT K.8. MICHAEL D. SIFEN, INC. / VIRGINIA APPROVED/ 11-0 Y Y Y Y Y YYY Y Y Y BEACH INVESTMENT CO.for a Conditional CONDITIONED, Use Permit re mini warehouse/self-storage at the BY CONSENT southwest intersection of College Park Boulevard and Providence Road DISTRICT 1 — CENTERVILLE K.9 Resolution to ADOPT and AMEND the DEFERRED TO 11-0 Y Y Y Y Y YYY Y Y Y Virginia Beach Comprehensive Plan 2016 re FEBRUARY 1, Stormwater Impacts for Discretionary Land 2022 Use Applications L. UNFINISHED BUSINESS M. NEW BUSINESS K. APPOINTMENTS RESCHEDULED B YCON SENS U S 2040 VISION TO ACTION COMMUNITY COALITION AGRICULTURAL ADVISORY COMMITTEE ARTS AND HUMANITIES COMMISSION BAYFRONT ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION BIKEWAYS AND TRAILS ADVISORY COMMITTEE BOARD OF BUILDING CODE APPEALS CITIZEN OVERSIGHT BOARD COMMUNITY ORGANIZATION GRANT (COG)REVIEW AND ALLOCATION COMMITTEE COMMUNITY POLICY AND MANAGEMENT TEAM GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HISTORICAL REVIEW BOARD INDEPENDENT CITIZEN REVIEW BOARD MINORITY BUSINESS COUNCIL OCEANA LAND USE CONFORMITY COMMITTEE OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION RESORT ADVISORY COMMISSION TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE URBAN AGRICULTURE ADVISORY COMMITTEE WETLANDS BOARD ADJOURNMENT 8:34 PM OPEN DIALOGUE NO SPEAKERS 8:35 PM