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9-20-2022 FORMAL SESSION AGENDA
CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR ROBERT M. "BOBBY"DYER,At Large 1p,.g C VICE MAYOR ROSEMARY WILSON,At Large �4 MICHAEL F.BERLUCCHI,Rose Hall—District 3 �_ .p LINWOOD O.BRANCH,Lynnhaven—District 5 % 2 BARBARA M.HENLEY,Princess Anne—District 7 U u Ali i a N.D. "ROCKY"HOLCOMB,Kempsville—District' , DELCENO C.MILES Bayside—District 4 JOHND.MOSS,At Large `+, ' "_' �� AARONR.ROUSE,At Large o, ou. Nit OM GUYK.TOWER,Beach—District 6 SABRINA D. WOOTEN,Centerville—District I CITY HALL BUILDING 1 CITY COUNCIL APPOINTEES 2401 COURTHOUSE DRIVE CITY MANAGER—PATRICK A.DUHANEY VIRGINIA BEACH, VIRGINIA 23456 CITY ATTORNEY—MARK D.STILES CITY COUNCIL AGENDA PHONE:(757)385-4303 CITY ASSESSOR—SUE CUNNINGHAM FAX(757)385-5669 CITY AUDITOR—LYNDONS.REMIAS September 20,2022 EMAIL:CITYCOUNCIL VBGOV.COM CITY CLERK—AMANDA BARNES �a MAYOR ROBERT M. "BOBBY" DYER PRESIDING I. CITY COUNCIL'S BRIEFINGS - Conference Room- 2:30 PM 1. MAYOR'S TASK FORCE ON YOUTH VIOLENCE PREVENTION James A. Cervera& Michael Daniels- Co-Chairs 2. VIRGINIA TASK FORCE 2 UPDATE 3:30 PM Chief David Hutcheson (Requested By Vice Mayor Wilson) 3. FLOOD PROTECTION PROGRAM UPDATE 3:45 PM Leisha Pica, Program Manager—Jacobs Engineering Toni Utterback, Stormwater Engineering Center Administrator- Public Works II. CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS 4:30 PM III. CITY COUNCIL AGENDA REVIEW 4:45 PM IV. INFORMAL SESSION - Conference Room- 5:00 PM A. CALL TO ORDER 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 Pastor Jack Rose Calvary Revival Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS September 6, 2022 2. FORMAL SESSION September 13, 2022 G. MAYOR'S PRESENTATION 1. 60th ANNIVERSARY AWARDS The Honorable Leslie"Les"L. Lilley, Judge The Honorable Meyera Fran Ellenson Oberndorf Marcie Oberndorf-Kelso and Heidi Oberndorf will be accepting on her behalf H. BID OPENINGS 1. COMMUNICATION TOWER LEASE AGREEMENT ON CITY OWNED PROPERTY Telecommunications Services 2. NON-EXCLUSIVE FRANCHISE FOR USE OF CITY RIGHTS-OF-WAY Telecommunications Services I. PUBLIC HEARINGS 1. LEASE OF CITY PROPERTY- COMMUNICATION TOWER 10,000 square feet located off Indian River Road 2. NON-EXCLUSIVE FRANCHISE USE Lumos Telephone LLC J. FORMAL SESSION AGENDA 1. CONSENT AGENDA K. ORDINANCES/RESOLUTIONS 1. Ordinance to AUTHORIZE the City Manager to EXECUTE a Communication Tower Lease Agreement for City-Owned Property located off Indian River Road with Crown Castle GT Company, LLC re install, maintain, and operate facilities for providing wireless telecommunication services 2. Ordinance to GRANT a Nonexclusive Franchise Agreement to Lumos Telephone LLC re install, operate, and maintain network facilities for telecommunication services 3. Resolution to DECLARE the Month of October as Fall Clean-Up Month (Requested by City Council) 4. Resolution to NAME the Stage and Paved Area at the 31 st Street Park as"The Nancy A. Creech Performance Plaza at Neptune's Park" (Requested by City Council) 5. Resolution to RECOGNIZE the first week of October as Malnutrition Awareness Week (Requested by Council Members Berlucchi, Henley, Miles, and the Human Rights Commission) 6. Ordinance to AMEND City Code Section 2-224.14 re allow additional time for bidders to submit project goals information 7. Ordinance to AMEND City Code Sections 35-158 and 35-161 re tax on transients obtaining lodging 8. Ordinance to AMEND various Federal Grant Programs administered by the Department of Housing and Neighborhood Preservation 9. Resolution to ENDORSE a Family Self-Sufficiency Program Annual Plan for the Department of Housing and Neighborhood Preservation re Housing Choice Voucher Program 10. Ordinance to REPEAL a previous appropriation of funds and to ACCEPT twenty-four (24) automated external defibrillators from the Firehouse Subs Public Safety Foundation 11. Ordinance to AUTHORIZE acquisition of property in fee simple, either by agreement or condemnation re Eastern Shore Drive Drainage Improvements Section 1D Lynnhaven Drive Pump Station Project, CIP 100150 (formerly CIP 7-069) 12. Ordinance to AUTHORIZE the City Manager to EXECUTE an Agreement with the Association for the Preservation of Virginia Antiquities re renovations to the Cape Henry Lighthouse 13. Ordinance to ESTABLISH Capital Project#100639, "Cape Henry Lighthouse Restoration,"and to ACCEPT and APPROPRIATE funding from the Virginia Department of Transportation (VDOT) and the Association for the Preservation of Virginia Antiquities to Capital Projects #100423,"Traffic Safety Improvements IV,"and#100639"Cape Henry Lighthouse Restoration" 14. Resolution to REQUEST the Virginia Department of Transportation (VDOT) to ESTABLISH Capital Projects #100548, "Pungo Ferry Road Improvements" and #100602, "West Neck Creek Bridge" and to AUTHORIZE the City Manager to enter into any necessary agreements for project development 15. Resolution to DECLARE 2016, 2020, 2036 Princess Anne Road to be a Revitalization tahzahon Area re qualify for Virginia Housing Financing 16. Ordinance to AUTHORIZE temporary encroachments into a portion of city owned property known as Blue Gill Inlet a/k/a 352 Tuna Lane and a 5' drainage and utility easement, all located at the rear of 2789 Sandpiper Road re construct and maintain a walkway,wood dock,gangway, floating dock, and bulkhead with two (2) returns and maintain an existing inground pool 17. Ordinance to AUTHORIZE temporary encroachments into portions of city rights-of-way known as 20th Street, Baltic Avenue and Arctic Avenue for the Atlantic Park development project re A) construct and maintain a concrete patio and landscaping retaining wall, concrete steps and a concrete ramp along 20th Street, B) concrete steps, concrete landscape retaining wall and patio, and concrete steps along Baltic Avenue, C) concrete 2nd story balcony along Arctic Avenue 18. Ordinance to CARRY FORWARD and APPROPRIATE $7,194,674 to the FY 2022-23 Operating Budget re purposes previously approved in FY 2021-22 and to APPROPRIATE unused Debt Service to offset use of Public Facility Revenue Bonds 19. Ordinance to ACCEPT and APPROPRIATE $1.5-Million of Federal Funds from the State of Good Repair/Primary Extension Program to Capital Project#100401 re road paving projects 20. Ordinance to ACCEPT and APPROPRIATE $181,300 from American Rescue Plan Act Tourism Recovery Program Grants to FY 2022-23 Convention and Visitors Bureau Operating Budget re support various conventions and events in the City 21. Ordinance to ACCEPT and APPROPRIATE$90,000 from American Rescue Plan Act Tourism Recovery Program Grant to FY 2022-23 Convention and Visitors Bureau Operating Budget re sports marketing related to the Jackelope Festival 22. Ordinance to ACCEPT and APPROPRIATE an additional $69,061 from the Virginia Department of Fire Programs in Aid to Localities Grant Funding to the FY 2022-23 Fire Department Operating Budget re personal protective apparel, equipment, department training, and community outreach activities 23. Ordinance to ACCEPT and APPROPRIATE $59,000 from the Virginia Department of Emergency Management to FY 2022-23 Fire Department Operating Budget re Technical Rescue and HazMat Programs 24. Ordinance to ACCEPT and APPROPRIATE $1,136 from the Virginia Beach Library Foundation to FY 2022-23 Public Library Operating Budget re reimbursement for furniture purchased for Bayside Area and Special Services Library 25. Ordinance to TRANSFER$300,000 within the FY 2022-23 Waste Management Fund Operating Budget from the capital outlay accounts to the operating accounts re continue leasing waste collection trucks 26. Ordinance to TRANSFER$217,354 from Capital Project#100557,"Flood Mitigation Assistance Grant IV" to FY 2022-23 Office of Emergency Management Operating Budget re cover increased construction costs, material costs, and project administration L. PLANNING 1. FRANK A. ZINGALES & JAMES T. CROMWELL, ESQ., RECEIVER FOR SHORE REALTY CORPORATION,A DEFUNCT CORPORATION for a Street Closure re portion of the unimproved lane adjacent to the rear of 200 76th Street DISTRICT 6(Formerly District 5- Lynnhaven) RECOMMENDATION: APPROVAL 2. DAM NECK ASSOCIATES, LLC for a Modification of Proffers to a Conditional Rezoning re a multi-family development at 872 Dam Neck Road DISTRICT 5 (Formerly District 7-Princess Anne) RECOMMENDATION: APPROVAL 3. OCEAN CONDOMINIUM DEVELOPERS, LLC/ ORP VENTURES, LLC for a Modification of Conditions re two(2)duplexes at 404 34th Street DISTRICT 6(Formerly District 6- Beach) RECOMMENDATION: APPROVAL 4. ATLANTIC PARK, INC. & VIRGINIA BEACH DEVELOPMENT AUTHORITY/ VIRGINIA BEACH DEVELOPMENT AUTHORITY for a Modification of Conditions to Alternative Compliance re four(4)70-foot light poles and one(1) 60-foot light pole within the Surf Park Facility located at the block bordered by Arctic and Baltic Avenues, 19th&20th Streets and double block bordered by Pacific and Arctic Avenues, and 18th and 20th Streets DISTRICT 6 (Formerly District 6- Beach) RECOMMENDATION: APPROVAL 5. ATLANTIC PARK, INC. & VIRGINIA BEACH DEVELOPMENT AUTHORITY/ VIRGINIA BEACH DEVELOPMENT AUTHORITY request for a Major Entertainment Venue Sign located at the block bordered by Arctic and Baltic Avenues, 19th & 20th Streets and double block bordered by Pacific and Arctic Avenues, and 18th and 20th Streets DISTRICT 6 (Formerly District 6- Beach) RECOMMENDATION: APPROVAL 6. MIKE DAUBERT/ BACK BAY FARMS. INC for a Conditional Use Permit re assembly use at 1833 Princess Anne Road DISTRICT 2 (Formerly District 7- Princess Anne) RECOMMENDATION: APPROVAL 7. AMERCO REAL ESTATE COMPANY/ THOMAS BRILL IRREVOCABLE TRUST, HOWARD E.GORDON,TRUSTEE for a Conditional Use Permit re a mini-warehouse,truck and trailer rentals at the Southern Corner of the Intersection of Holland Road and Stoneshore Road, West of 3427 Holland Road DISTRICT 10 (Formerly District 3- Rose Hall) RECOMMENDATION: APPROVAL 8. Ordinance to ADD Sections 250, 251, 252, 253, and 254 to the City Zoning Ordinance(CZO)re lighting requirements (Sponsored by Council Member Henley) RECOMMENDATION: APPROVAL M. APPOINTMENTS 2040 VISION TO ACTION COMMUNITY COALITION ACTIVE TRANSPORTATION ADVISORY COMMITTEE AGRICULTURAL ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION BOARD OF BUILDING CODE APPEALS CLEAN COMMUNITY COMMISSION COMMUNITY ORG. GRANT REVIEW AND ALLOCATION COMMITTEE COMMUNITY SERVICES BOARD GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMISSION HISTORICAL REVIEW BOARD HUMAN RIGHTS COMMISSION INDEPENDENT CITIZEN REVIEW BOARD MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE MINORITY BUSINESS COUNCIL PARKS AND RECREATION COMMISSION PUBLIC LIBRARY BOARD SOCIAL SERVICES ADVISORY BOARD TIDEWATER COMMUNITY COLLEGE TIDEWATER YOUTH SERVICES COMMISSION TA/ITA CITIZENS ADVISORY COMMITTEE URBAN AGRICULTURE ADVISORY COMMITTEE WETLANDS BOARD N. UNFINISHED BUSINESS O. NEW BUSINESS P. ADJOURNMENT If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ************************* The Agenda(including all backup documents) is available at https://www.vbgov.com/government/departments/city-clerk/city-council under the eDocs Document Archive. If you would like to receive by email a list of the agenda items for each Council meeting, please submit your request to TChelius@vbgov.com or call 385-4303. Citizens who wish to speak can sign up either in-person or virtually via WebEx. Anyone wishing to participate virtually,must follow the two-step process provided below: 1. Register for the WebEx at https://vbgov.webex.com/vbgov/onstage/g.php?MTID=ed 1296d6d892 ac98 cd3 70140c 142e77bb 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on September 20, 2022. I. CITY COUNCIL'S BRIEFINGS - Conference Room- 2:30 PM 1. MAYOR'S TASK FORCE ON YOUTH VIOLENCE PREVENTION James A. Cervera& Michael Daniels- Co-Chairs 2. VIRGINIA TASK FORCE 2 UPDATE 3:30 PM Chief David Hutcheson (Requested By Vice Mayor Wilson) 3. FLOOD PROTECTION PROGRAM UPDATE 3:45 PM Leisha Pica, Program Manager—Jacobs Engineering Toni Utterback, Stormwater Engineering Center Administrator- Public Works II. CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS 4:30 PM III. CITY COUNCIL AGENDA REVIEW 4:45 PM IV. INFORMAL SESSION - Conference Room- 5:00 PM A. CALL TO ORDER 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 Pastor Jack Rose Calvary Revival Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS September 6, 2022 2. FORMAL SESSION September 13, 2022 G. MAYOR'S PRESENTATION 1. 60th ANNIVERSARY AWARDS The Honorable Leslie"Les"L. Lilley, Judge The Honorable Meyera Fran Ellenson Oberndorf Marcie Oberndorf-Kelso and Heidi Oberndorf will be accepting on her behalf 0,4,.A.B,e4, r.,....„, 0 ..___ , ., L., 5. 6 _ k,,,,_ 5 ' 11 • touR N� to tta tatio Whereas: 7(Ce 2fonora6(e Leslie L.Liffey has served'Virginia Beach for nearly 50 years as a budget officer, Assistant to the City 9rlanager,Assistant Commonwealth's Attorney,City Attorney and Circuit Court Judge;and Where= Judge Liffey was appointed City Attorney soon after the 1989 tree!fest riots and deftly coordinated legal aspects of the City's public potty response and defense of legal claims that arose;and Whereas: He reorganized the City Attorney's Office into frveftinctionatareas,enabling staff attorneys to develop specia&ations within theirfu(ds and strengthen their e. rertise so the City could address complex(ega(matters in-house,thereby saving taxpayers the expense of hiring outside counsel and 'Where Wit.fr City f ttorney,he initiated legalresearch and(ed associated litigation that preservedpu6Gc access to beaches along both the Chesapeake Bay and the Atlantic Ocean andworlcd to establish the City's Agricultural&serve(Program to preserve farmland and open space forficture generations,and 4Nherrar Judge Liffey played a key role in paving the way for numerous development projects including the Amphitheater,Town Center,the'Virginia Beach Sportsplez the Convention Center and more;and Whereas: He developed and he(pedezecute a nationally acclaimed strategy to ro(l6ackencmachment around NavalAirStatron Oceana to preserve 12,000 jobs 6y protecting the City's largest employer,and 'Whereas: In the face of an existential water crisis that threatened the prosperity andfuture growth of the City,Judge Liffey spearheaded the negotiation and defense of an eight year plan to secure the Lake Gaston project to ensure a safe,reliable water supply for'Virginia Beach for decades to come;and 'Where= Judge Liffey continues to serve'Virginia Beach 6y ensuring justice as a Circuit Court Judge;and 'GVlrerras; `Nostalgic'iAB'is a celebration of'Virginia Beach pioneers and residents Ong up to the 60th anniversary of our great city in January 2023. Now,'Therefore I,Rp6ert 32. "Bobby'(Dyer,9Vfayorof the City of'Virginia Beach,'Virginia,do hereby proclaim: Elie xonora61 Les1ze L. Liffey cipient of the "Virginia beach ihamont(14ward" In'G4>ginia Beach,and calf upon the citizens and members within government agencies,public and private institutions,businesses,and'schoofs in'Virginia Beach to be of service for the benefit and betterment of the community so that future generations can appreciate andfurther uplift our beloved City of'Virginia Beach. In Witness Whereof I have hereunto set my hand and caused the Official-Seal of the City of'Virginia Beach, 'Virginia,to 6e affixed this Twentieth Day of September,Two'Thousand and-Twenty-Two. ko—ri4A— Rp6ert 91L 'Bo66y'Dyer %layer aF o� OUR hp� rottamation ' &rear. Meyera Fran Eaenson Oberndorf has left an inde&6le markon the City of Virginia(Beach,pacing the way for future female citizen leaders as the City's first femak mayor;first Jewish mayor,longest serving mayor and the first popularly elected mayor,and Whereas Mayor Oberndorf worked tirelessly for the betterment of the residents of Virginia(Beach as a passionate public servant who championed the City's library system and volunteer program, promoted a family-friendly Oceanfront,fought fora seawall-and boardwalk for hurricane protection, negotiated with the 2005(Base&algnment and Closure Commission to save Naval-Air Station Oceana and led the City's 6ul to construct the Lakc Gaston pipeline to ensure a reliable water source for Virginia(Beach;and 'Whereas: Virginia Beach has benefited tremendously from achievements during her two consecutive derides at the helm such as the opening of key landmarks and City facilities,including the Central Library now namedfor her,and the'Pungo-BlackjvaterLibrary,the Virginia Aquarium,the Virginia Beach Pavilion and the Virginia Beach Convention Center,the Virginia Beach Amphitheater,the Bayside, SeatackandPrincessAnne recreation centers,the Judicial Center,Sandler Centerfor the Performing Arts and the Virginia Museum of Contemporary Art;and 'Whereas: During Mayor O6erndorfs tenure,she all-0 ushered in the birth of Town Center and cut the ribbons dedicating the Tidewater Veterans 9riemoria4 the original-Ws Cove at Mount Trashmore Park the 24t4 Street(ParkandKjng Neptune Statue;and- 'Whereas: Meyera Oberndorf also shared her talents beyond-Virginia Beach's borders and held several-national leadership positions in the V.S.Conference of Mayors and the National League of Cities;and Whereas: '.Nostalgic`ThB'is a celebration of Virginia(Beach pioneers and residents leading up to the 60th anniversary of our great city in January 2023. Now,'Therefore I,Rpbert M. `Bobby'(Dyer,Mayor of the City of Virginia Beach,Virginia,do hereby proclaim: Meyera Fran Effenson Oberndorf ccipient of the "Virginia Beach Diamond Award" In Virginia Beach;and I call upon the citizens and members within government agencies,public and private institutions,businesses,and schools in Virginia Beach to be of service for the benefit and betterment of the community so that future generations can appreciate andfurther uplift t our beloved City of Virginia Bead_ In Witness 4 hereof I have hereunto set my hand and caused the Official Seal of the City of Virginia (Beach, Virginia,to 6e affixed this Twentieth Day of September,Two 7housand and Twenty-Two. 86/1'4/ ` 14,6ert M. 'Bobby'(Dyer r. } Mayor H. BID OPENINGS 1. COMMUNICATION TOWER LEASE AGREEMENT ON CITY OWNED PROPERTY Telecommunications Services 2. NON-EXCLUSIVE FRANCHISE FOR USE OF CITY RIGHTS-OF-WAY Telecommunications Services • 5. ,4--.b?r<"-"1- 1 Ali REQUEST FOR PROPOSALS COMMUNICATION TOWER LEASE AGREEMENT ON CITY-OWNED PROPERTY TO INSTALL,MAINTAIN AND OPERATE FACILITIES FOR THE PROVISION OF WIRELESS TELECOMMUNICATIONS SERVICE The City of Virginia Beach nas received a proposal for a long-term lease on City-owned property containing 10,000 square feet,together with an access and utility easement appurtenant thereto,located off Indian River Road in Virginia Beach,Virginia.A copy of the full text of the proposed ordinance is on file in the office of the City Clerk. Additional bids will be received by the City until the date below.All bids must be in writing.The right to reject any and all bids is hereby expressly reserved. Further information,including a copy of the proposed lease.may be obtained by calling the Department of Facilities Management at(757)385-8558. Bids shall be read by the Mayor of the City of Virginia Beach at the regular meeting of the City Council,which will be held in the Council Chamber,City Hall Building (Building 1)Municipal Center,Virginia Beach,Virginia on September 20,2022 at 6:00 p.m.,and after reading the bids, the Council will either proceed with the consideration of the ordinance awarding the aforesaid lease or will defer the matter to a subsequent meeting. BIDS MUST BE RECEIVED NO LATER THAN FRIDAY, SEPTEMBER 16,2022,AT 5:00 P.M. 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: t1ttas;/Lvbgov.webex.com/vbgov/nn41age ••rm ?MTID=ed1296d6d892ac98cd370140c142e7 7bb 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m.on September 20,2022. I interested parties are invited to participate. Amanda Barnes City Clerk Beacon:Sunday,September 4&11,2022 t-•';444- '4,441 • s 3t� REQUEST FOR PROPOSALS NON-EXCLUSIVE FRANCHISE AGREEMENT FOR THE USE OF CITY RIGHTS-OF-WAY The City of Virginia Beach has received a proposal for a non-exclusive franchise agreement to use and occupy the City's streets and public rights-of-way for the purposes of constructing, installing and maintaining network facilities for telecommunications services within and through the City. A copy of the full text of the proposed ordinance is on file in the office of the City Clerk. Additional bids will be received by the City until the date below.All bids must be in writing. The right to reject any and all bids is hereby expressly reserved. Further information,including a copy of the proposed franchise agreement,may be obtained by calling the Department of Information Technology at(757)385-1381. Bids shall be read by the Mayor of the City of Virginia Beach at the regular meeting of the City Council,which will be held in the Council Chamber,City Hall Building (Building 1)Municipal Center,Virginia Beach,Virginia on September 20,2022 at 6:00 p.m.,and after reading of the bids, the Council will either proceed with the consideration of the ordinance awarding the aforesaid franchise agreement or will defer the matter to a subsequent meeting. BIDS MUST BE RECEIVED NO LATER THAN FRIDAY, SEPTEMBER 16,2022,AT 5:00 P.M. 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: Ottos://vbgov.webex.com/vbgovionstage/gmho ?MTID=ed1296d6d892ac98cd370140c142e7 7bb 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m.on September 20,2022. I interested parties are invited to participate. Amanda Barnes City Clerk Beacon:Sunday,September 4&11,2022 I. PUBLIC HEARINGS 1. LEASE OF CITY PROPERTY- COMMUNICATION TOWER 10,000 square feet located off Indian River Road 2. NON-EXCLUSIVE FRANCHISE USE Lumos Telephone LLC 4--n, � r It .f.; v ,,,,.„ '1 Y NOTICE OF PUBLIC HEARING LEASE OF CITY PROPERTY On September 20,2022,at 6:00 p.m.,in the Council Chamber of the City Hall Building 1,2401 Courthouse Dr.,Virginia Beach, Virginia, the Virginia Beach City Council will hold a public hearing. The purpose of this hearing will be to obtain public comment regarding a proposed communication tower lease agreement with Crown Castle GT Company LLC for: A certain parcel of land containing 10.000 square feet together with an access and utility easement appurtenant thereto,located off Indian River Road, Pungo Borough, Virginia Beach, Virginia (GPIN: 2403-81-6985- 0000) Any questions concerning this matter should be directed to the Department of Public Works- Facilities Management at (757)385-8558. If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 757-385-4303; Hearing impaired,call TDD 711(TDD-Telephone Device for the Deaf). If you wish to make comments virtually during the public hearing,please follow the two-step process provided below: 1. Register for the WebEx at httbs://vbgov.webex.com/vOgovio nstag8/g,oho?M TI D=ed 1296d 6d 8 92ac98cd370140c142e77bb 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m.on September 20,2022. I interested parties are invited to participate. Amanda Barnes City Clerk Beacon: Sunday,September 11,2022 r NOTICE OF PUBLIC HEARING On September 20,2022,at 6:00 p.m.,in the Council Chamber of the City Hall Building 1,2401 Courthouse Dr.,Virginia Beach, Virginia, the Virginia Beach City Council will hold a public hearing concerning the request of Lumos Telephone LLC to be granted a nonexclusive franchise agreement to use and occupy the City's streets and public rights-of-way for the purposes of constructing, installing, and maintaining network facilities for communications services. Any questions concerning this matter should be directed to the Department of Information Technology at 757-385-1381. If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 757-385-4303; Hearing impaired,call TDD 711(TDD-Telephone Device for the Deaf). If you wish to make comments virtually during the public hearing,please follow the two-step process provided below: 1. Register for the WebEx at: httos://vbgov.webex.com/vbgovio nstage/g,oho?MTI D=ed 1296d6d8 92ac98cd370140c142e77bb 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m.on September 20,2022. I interested parties are invited to participate. Amanda Barnes City Clerk Beacon:Sunday,September 11,2022 J. FORMAL SESSION AGENDA 1. CONSENT AGENDA K. ORDINANCES/RESOLUTIONS 1. Ordinance to AUTHORIZE the City Manager to EXECUTE a Communication Tower Lease Agreement for City-Owned Property located off Indian River Road with Crown Castle GT Company, LLC re install, maintain, and operate facilities for providing wireless telecommunication services 2. Ordinance to GRANT a Nonexclusive Franchise Agreement to Lumos Telephone LLC re install, operate, and maintain network facilities for telecommunication services 3. Resolution to DECLARE the Month of October as Fall Clean-Up Month (Requested by City Council) 4. Resolution to NAME the Stage and Paved Area at the 31 st Street Park as"The Nancy A. Creech Performance Plaza at Neptune's Park" (Requested by City Council) 5. Resolution to RECOGNIZE the first week of October as Malnutrition Awareness Week (Requested by Council Members Berlucchi, Henley, Miles, and the Human Rights Commission) 6. Ordinance to AMEND City Code Section 2-224.14 re allow additional time for bidders to submit project goals information 7. Ordinance to AMEND City Code Sections 35-158 and 35-161 re tax on transients obtaining lodging 8. Ordinance to AMEND various Federal Grant Programs administered by the Department of Housing and Neighborhood Preservation 9. Resolution to ENDORSE a Family Self-Sufficiency Program Annual Plan for the Department of Housing and Neighborhood Preservation re Housing Choice Voucher Program 10. Ordinance to REPEAL a previous appropriation of funds and to ACCEPT twenty-four (24) automated external defibrillators from the Firehouse Subs Public Safety Foundation 11. Ordinance to AUTHORIZE acquisition of property in fee simple, either by agreement or condemnation re Eastern Shore Drive Drainage Improvements Section 1D Lynnhaven Drive Pump Station Project, CIP 100150 (formerly CIP 7-069) 12. Ordinance to AUTHORIZE the City Manager to EXECUTE an Agreement with the Association for the Preservation of Virginia Antiquities re renovations to the Cape Henry Lighthouse 13. Ordinance to ESTABLISH Capital Project#100639, "Cape Henry Lighthouse Restoration," and to ACCEPT and APPROPRIATE funding from the Virginia Department of Transportation (VDOT) and the Association for the Preservation of Virginia Antiquities to Capital Projects #100423,"Traffic Safety Improvements IV,"and#100639"Cape Henry Lighthouse Restoration" 14. Resolution to REQUEST the Virginia Department of Transportation (VDOT) to ESTABLISH Capital Projects #100548, "Pungo Ferry Road Improvements" and #100602, "West Neck Creek Bridge" and to AUTHORIZE the City Manager to enter into any necessary agreements for project development 15. Resolution to DECLARE 2016, 2020, 2036 Princess Anne Road to be a Revitalization Area re qualify for Virginia Housing Financing 16. Ordinance to AUTHORIZE temporary encroachments into a portion of city owned property known as Blue Gill Inlet a/k/a 352 Tuna Lane and a 5' drainage and utility easement, all located at the rear of 2789 Sandpiper Road re construct and maintain a walkway,wood dock,gangway, floating dock, and bulkhead with two (2) returns and maintain an existing inground pool 17. Ordinance to AUTHORIZE temporary encroachments into portions of city rights-of-way known as 20th Street, Baltic Avenue and Arctic Avenue for the Atlantic Park development project re A) construct and maintain a concrete patio and landscaping retaining wall,concrete steps and a concrete ramp along 20th Street, B) concrete steps, concrete landscape retaining wall and patio, and concrete steps along Baltic Avenue, C) concrete 2nd story balcony along Arctic Avenue 18. Ordinance to CARRY FORWARD and APPROPRIATE $7,194,674 to the FY 2022-23 Operating Budget re purposes previously approved in FY 2021-22 and to APPROPRIATE unused Debt Service to offset use of Public Facility Revenue Bonds 19. Ordinance to ACCEPT and APPROPRIATE $1.5-Million of Federal Funds from the State of Good Repair/Primary Extension Program to Capital Project#100401 re road paving projects 20. Ordinance to ACCEPT and APPROPRIATE $181,300 from American Rescue Plan Act Tourism Recovery Program Grants to FY 2022-23 Convention and Visitors Bureau Operating Budget re support various conventions and events in the City 21. Ordinance to ACCEPT and APPROPRIATE$90,000 from American Rescue Plan Act Tourism Recovery Program Grant to FY 2022-23 Convention and Visitors Bureau Operating Budget re sports marketing related to the Jackelope Festival 22. Ordinance to ACCEPT and APPROPRIATE an additional $69,061 from the Virginia Department of Fire Programs in Aid to Localities Grant Funding to the FY 2022-23 Fire Department Operating Budget re personal protective apparel, equipment, department training, and community outreach activities 23. Ordinance to ACCEPT and APPROPRIATE $59,000 from the Virginia Department of Emergency Management to FY 2022-23 Fire Department Operating Budget re Technical Rescue and HazMat Programs 24. Ordinance to ACCEPT and APPROPRIATE $1,136 from the Virginia Beach Library Foundation to FY 2022-23 Public Library Operating Budget re reimbursement for furniture purchased for Bayside Area and Special Services Library 25. Ordinance to TRANSFER$300,000 within the FY 2022-23 Waste Management Fund Operating Budget from the capital outlay accounts to the operating accounts re continue leasing waste collection trucks 26. Ordinance to TRANSFER$217,354 from Capital Project#100557,"Flood Mitigation Assistance Grant IV" to FY 2022-23 Office of Emergency Management Operating Budget re cover increased construction costs, material costs, and project administration Lz. r CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Authorize the City Manager to Execute a Communication Tower Lease Agreement for City-Owned Property Located off Indian River Road with Crown Castle GT Company, LLC to Install, Maintain and Operate Facilities for Providing Wireless Telecommunications Services MEETING DATE: September 20, 2022 • Background: On October 15, 1989, J. Harry and Kathryn Mote ("Original Lessors") entered into a lease agreement with Contel Cellular of Norfolk, Inc. ("Original Lessee") for a parcel of land containing 10,000 square feet together with an access and utility easement appurtenant thereto located off Indian River Road, Pungo Borough, in Virginia Beach ("Premises") ("Original Lease"). The purpose of the Original Lease was to authorize the Original Lessee to construct a building and a communications tower upon the Premises to conduct cellular radio telephone and other telecommunications operations. An amendment to the Original Lease was executed on October 12, 2000 ("Amendment"). The Amendment permitted the successor-in-interest to the Original Lessee, Crown Castle GT Company, LLC ("Crown Castle"), to sublease or license space on the Premises to third parties upon payment of a fee to the Original Lessors. On September 28, 2001, the City of Virginia Beach ("City") executed a deed with the successor-in-interest to the Lessors that conveyed the Premises to the City, subject to the terms of the Original Lease. The Original Lease expired on December 31, 2019. The City desires to execute a new lease agreement with Crown Castle to authorize the continued use of the communications tower and ground facilities on the Premises, and to authorize Crown Castle to continue to sublease or license space on the Premises to third parties upon payment of a fee to the City. Crown Castle is current on its rent payments to the City. • Considerations: The proposed new lease is for the 10,000 square foot Premises on which the communications tower, utility easement, accessory structures and equipment are currently located. The proposed new lease will grant Crown Castle the continued right of ingress and egress to access the Premises. The proposed new lease is for a term of ten (10) years and contains two (2) additional renewal periods of five (5) years each, upon the mutual agreement of the parties. Crown Castle currently has an anchor tenant and three additional subtenants. The first-year rent in the proposed new lease is $14,400, plus an additional $21,600 per year for each of the three subtenants, with an annual escalation of 4%. The new lease also provides that the City will be paid $21,600 per year for each future subtenant, subject to the annual escalation set forth above. ■ Public Information: A solicitation for bids was advertised on September 4, 2022 and on September 11, 2022, as required by Virginia Code §15.2-2101. The bid opening is scheduled for September 20, 2022. A public hearing was advertised on September 11, 2022, as required by Virginia Code §15.2-1800, with public notice via the normal City Council agenda process. The public hearing will be held on September 20, 2022. • Recommendations: Approval • Attachments: Ordinance, Summary of Terms, Disclosure Statement Form Recommended Action: Adoption Submitting Department: Public Works City Manager: 1 2 AN ORDINANCE TO AUTHORIZE THE CITY MANAGER TO 3 EXECUTE A COMMUNICATION TOWER LEASE 4 AGREEMENT FOR CITY-OWNED PROPERTY LOCATED 5 OFF INDIAN RIVER ROAD WITH CROWN CASTLE GT 6 COMPANY, LLC TO INSTALL, MAINTAIN AND OPERATE 7 FACILITIES FOR PROVIDING WIRELESS 8 TELECOMMUNICATIONS SERVICES 9 10 WHEREAS, the City of Virginia Beach ("City") is the owner of certain property 11 located off Indian River Road in the Pungo Borough containing ten thousand (10,000) 12 square feet (GPIN: 2403-81-6985-0000) ("Property"); and 13 14 WHEREAS, Crown Castle GT Company, LLC ("Crown Castle") is a Delaware 15 limited liability company that currently utilizes a communications tower and ground 16 facilities located on the Property; and 17 18 WHEREAS, Crown Castle desires to enter into a new lease with the City for 19 continued use of the Property, together with easements for the right of ingress and egress 20 to access the Property, for the installation, maintenance and replacement of necessary 21 equipment associated with wireless facilities; and 22 23 WHEREAS, the City's lease of the Property will allow Crown Castle to continue its 24 operation of certain facilities for the purpose of providing wireless telecommunications 25 services to the general public. 26 27 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 28 VIRGINIA BEACH, VIRGINIA: 29 30 That the City Manager is hereby authorized to execute a communication tower 31 lease agreement with Crown Castle with for a term of ten (10) years with two (2) five (5) 32 year renewal options, in accordance with the Summary of Terms, and such other terms, 33 conditions or modifications as may be acceptable to the City Manager and in a form 34 deemed satisfactory by the City Attorney. 35 36 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 37 , 2022. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: /14 /‹.. Public Wottcs/Facilities Management City Attorney's Office CA14951 R-1 September 12, 2022 SUMMARY OF TERMS Tower Lease Agreement for Crown Castle GT Company LLC Premises: Off Indian River Road in the Pungo Borough, containing ten thousand (10,000) square feet (GPIN: 2403-81-6985-0000), together with the right of ingress and egress necessary to access the site. Lessee: Crown Castle GT Company LLC ("Crown Castle") Purpose: The proposed new lease will authorize Crown Castle to continue to utilize the communications tower, utility easement, accessory structures and equipment currently located on the Premises. Term: Initial ten (10) year term. Upon the mutual agreement of the parties, lease may be renewed for up to two (2) additional periods of five (5) years each. Rent: The first-year rent is $14,400, plus an additional $21,600 for each of the three subtenants, with an annual escalation of 4%. Additionally, the City will be paid $21,600 per year for each future subtenant, subject to the annual escalation. Surety: Lessee will post $10,000 surety bond for removal of facilities. Insurance: Lessee must maintain comprehensive commercial general liability insurance in the amount of $1,000,000, in addition to other liability insurances required by Risk Management. Termination: Lease may be terminated upon sixty (60) days' written notice to the other party for reasons as stated in the lease. Other: Lessee required to remove facilities and restore site to original condition upon expiration or termination of lease. Virginia Beach APPLICANT'S NAME Crown Castle GT Company LLC DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Exception for (EDIP) Changes Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two (2)weeks prior to any Page 1 of 5 Planning Commission and City Council meeting that pertains to the application(s). Ei APPLICANT NOTIFIED OF HEARING DATE: El NO CHANGES AS OF DATE: REVISIONS SUBMITTED DATE: IN/B Virginia Beach (l Check here if the APPLICANT IS NOTa corporation, partnership, firm, business, or other unincorporated organization. ® Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: Crown Castle GT Company LLC If an LLC, list all member's names: Crown Castle GT Holding Sub LLC (Sole Member) If a CORPORATION, list the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) Parent Company: Crown Castle GT Holding Sub LLC (1 00% Ownership Interest)' *Please see the attached list of affiliated business entities2 See next page for information pertaining to footnotes and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. n Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ❑ Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name: If an LLC, list the member's Page 2 of 5 - "\B Virginia Beach names: If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-31 01. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 5 Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) ❑ ❑ Accounting and/or preparer of your tax return ❑ ❑ Architect / Landscape Architect / Land Planner Contract Purchaser (if other than ❑ ❑ the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed ❑ ❑ purchaser of the subject property (identify purchaser(s) and purchaser's service providers) ❑ ❑ Construction Contractors ❑ ❑ Engineers / Surveyors/ Agents Financing (include current ❑ ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ❑ ❑ Legal Services Real Estate Brokers / ❑ ❑ Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ ❑ an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 5 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. 4. Lisa A. Sedgwick 9/9/2022 APPLICANT'S SIGNATURE PRINT NAME DATE PROPERTY OWNER'S SIGNATURE PRINT NAME DATE Page 5 of 5 Applicant: Crown Castle GT Company LLC *(B) List of Affiliated Business Entities2 o Crown Communication LLC o Crown Castle South LLC o Crown Castle Towers 05 LLC o Crown Castle PR LLC o Crown Castle MU LLC o Crown Castle MUPA LLC o Crown Atlantic Company LLC c .,�s"'"' 1' I'a4;• .,. .fi;. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Granting a Nonexclusive Franchise Agreement to Lumos Telephone LLC to Install, Operate and Maintain Network Facilities for Telecommunication Services in the City's Public Streets and Rights-of- Way MEETING DATE: September 20, 2022 • Background: Lumos Telephone LLC ("Lumos") desires to utilize the public streets and rights-of-way in the City of Virginia Beach to install, operate and maintain a fiber network and provide related communications services. Lumos is seeking to enter into a nonexclusive franchise agreement ("Franchise") with the City. • Considerations: The term of the Franchise will be ten years. The term will automatically renew for up to three (3) additional ten (10) year terms, for a maximum of forty (40) years, unless either party gives ninety (90) days written notice to terminate the Franchise. Additional terms and conditions of the Franchise are set forth in the summary of terms attached to the ordinance. • Public Information: A solicitation for bids was advertised on September 4, 2022 and on September 11, 2022, as required by Virginia Code §15.2-2101. The bid opening is scheduled for September 20, 2022. A public hearing was advertised on September 11, 2022, as required by Virginia Code §15.2-1800, with public notice via the normal City Council agenda process. The public hearing will be held on September 20, 2022. • Recommendations: Approval • Attachments: Ordinance, Summary of Terms, Disclosure Statement Form Recommended Action: Adoption Submitting Department: Information Technol g fr City Manager: (W 1 AN ORDINANCE GRANTING A NONEXCLUSIVE 2 FRANCHISE AGREEMENT TO LUMOS TELEPHONE 3 LLC TO INSTALL, OPERATE AND MAINTAIN 4 NETWORK FACILITIES FOR TELECOMMUNICATION 5 SERVICES IN THE CITY'S PUBLIC STREETS AND 6 RIGHTS-OF-WAY 7 8 WHEREAS, Lumos Telephone LLC, a Virginia limited liability company ("Lumos"), 9 builds and operates fiber networks and related communication services; 10 11 WHEREAS, Lumos desires to utilize the City of Virginia Beach's ("City") public 12 streets and rights-of-way to install, operate and maintain a fiber network; 13 14 WHEREAS, Lumos is seeking to enter into a nonexclusive franchise agreement 15 ("Franchise") with the City to use and occupy the City's public streets and rights-of-way; 16 17 WHEREAS, the Franchise will allow Lumos to install, operate and maintain fiber 18 optic cable for the purpose of operating a fiber optic network; and 19 20 WHEREAS, City staff supports allowing Lumos to use the City's public streets and 21 rights-of-way for the aforesaid purposes, subject to the terms and conditions set forth in 22 the summary of terms, attached hereto as Exhibit A, ("Summary of Terms"). 23 24 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 25 VIRGINIA BEACH, VIRGINIA: 26 27 That the City Council hereby authorizes the City Manager to execute a Franchise 28 with Lumos for a maximum term of 40 years, in accordance with the Summary of Terms, 29 and such other terms, conditions or modifications, as may be acceptable to the City 30 Manager and in a form deemed satisfactory by the City Attorney. Adopted by the Council of the City of Virginia Beach, Virginia, on this day of , 2022. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Information TechnologyCityAttorney's Office Y CA15869 R-1/September 8, 2022 SUMMARY OF TERMS- NONEXCLUSIVE FRANCHISE AGREEMENT Lessor: City of Virginia Beach ("City") Lessee: Lumos Telephone LLC ("Lumos") Term: 10 years and shall automatically renew for up to three (3) additional ten (10) year terms, for a maximum of forty (40) years, unless either party gives ninety (90) days written notice to terminate the Franchise. Location: Lumos may install its facilities underground within City's public streets and rights-of-way, subject to obtaining all required permits from the City's Planning Department. Relocation/Removal: Lumos shall be solely responsible for paying cost of removal or relocation of its facilities if public projects necessitate removal or relocation. Upon termination of the Franchise, Lumos must remove the facilities, or the City may allow the facilities to remain in place and take ownership. Installation: Lumos shall be required to return the public streets and rights- of-way to the same or similar condition existing prior to any work being performed, to the reasonable satisfaction of the City. Minimum Insurance Requirements: Commercial General Liability: $2 Million; Automobile Liability: $1 Million; or, in the alternative, Umbrella Coverage of $5 Million. Surety Requirements: $100,000 surety bond Indemnity: Lumos shall indemnify the City, its officers, employees and agents from and against any and all claims, demands, costs, etc., including, without limitation, reasonable attorney's fees and costs of defense. \B„,—• Virginia Beach APPLICANT'S NAME: LUMOS TELEPHONE LLC DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board • • The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • • SECTION 1 / APPLICANT DISCLOSURE ❑ Check here if the APPLICANT IS NOTa corporation, partnership, firm, business, or other unincorporated organization. ® Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. Page 1 of 6 4VB Virginia Beach (A) List the Applicant's name: Lumos Telephone LLC If an LLC, list all member's names: Gridiron Fiber License, LLC is the sole member of Lumos Telephone LLC. If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See attached. See next page for information pertaining to footnotes and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. ❑ Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ❑ Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name: If an LLC, list the member's names: If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) Page 2 of 6 Ifi3 Virginia Beach (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means"a relationship,other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-31 01. _ ♦ SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 6 tiry�t Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) ❑ 0 Accounting and/or preparer of your tax return ❑ ❑ Architect / Landscape Architect / Land Planner Contract Purchaser (if other than ❑ the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed ❑ ❑ purchaser of the subject property (identify purchaser(s) and purchaser's service providers) ❑ Construction Contractors ❑ Engineers / Surveyors/ Agents Financing (include current ❑ ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ❑ 13r Legal Services Real Estate Brokers / ❑ Agents/Realtors for current and anticipated future sales of the subject property 4 SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development ❑ n contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 6 VBM`'1 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. / Yjtr\ David Smith, Chief Network Officer V ., lie?` APPLICANT'S SIGNATURE PRINT NAME DATE PROPERTY OWNER'S SIGNATURE PRINT NAME DATE Page 5 of 6 ATTACHMENT Section 1(B): List the businesses that have a parent-subsidiary or affiliated business entity relationship with the Applicant Lumos Telephone LLC and its predecessor companies have provided high quality telecommunications services in Virginia for over a century. Today, Lumos provides high-speed fiber internet, wall-to-wall Wi-Fi, voice, and streaming services to residential and business customers in Virginia. A similar, affiliated company provides those same services in North Carolina under the "North State" brand. Lumos Telephone LLC and its affiliates are owned by private equity investment funds managed by EQT. EQT is a purpose-driven global investment organization with more than EUR 71 billion in assets under management across 27 active funds. EQT funds have portfolio companies in Europe, Asia-Pacific and the Americas with total sales of approximately EUR 29 billion and more than 175,000 employees. EQT works with portfolio companies to achieve sustainable growth, operational excellence and market leadership. The diagram on the following page is a chart showing the corporate organization of Lumos Telephone LLC and its affiliates Page 6 of 6 MTN —.._-1 nfrastructure TopCo LP I (US) 1 1 1 1 1 Gridiron Fiber 1 HoldCo I 1 I 1 1 1 1 Gridiron Fiber 4_, Corp Panther Parent,Inc. Gridiron Fiber (US) License,LLC North State r' anthe ' elecommunication Lumos Lumos Telephone Limos Media LLC LLC Holdco, LLC Telephone LLC of Botetourt LLC (US) (US) (US) (US) (US) North State North State Telephone, Communications Lumos Telephone R&B Telephone LLC Entities of Virginia LLC LLC (US) (US) (US) ��[ OCA:ik, psi �-„ i•) :ti ill CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Declaring the Month of October as Fall Clean-Up Month MEETING DATE: September 20, 2022 • Background: Earlier this year, the City Council asked the City Manager to develop a plan for enhanced education and engagement regarding clean, healthy and beautiful waterways, and staff engaged a facilitator who held listening sessions with the community, including representatives of environmental groups, retailers, and the community at large. The listening sessions brought to light a lack of public awareness of steps already being taken by the City to improve our waterways and community clean-up efforts, such as the City's Adopt-A-Program, Adopt-A-Drain program, Earth Day, Great American Cleanup, Recycling Education and Outreach, and the work of the City's Clean Community Commission. These listening sessions also made clear that City residents, retailers, and environmental groups share the goal of promoting clean and healthy waterways. • Considerations: Clean waterways and clean communities help make the City a healthier place to live for our residents, and clean waterways economically benefit the City by attracting visitors who seek clean and healthy places to visit and business that seek clean communities when determining where to locate or expand. The promotion of clean waterways and the removal of litter are ways that citizens, environmental groups, civic organizations, and the business community can work together for the betterment of our City by promoting cleaner waterways, and those efforts are also ways that individuals can support the City's extensive efforts to prevent flooding. • Public Information: Public information will be provided through the normal Council agenda process. • Attachments: Resolution Requested by City Council REQUESTED BY CITY COUNCIL 1 A RESOLUTION DECLARING THE MONTH OF OCTOBER 2 AS FALL CLEAN-UP MONTH 3 4 WHEREAS, earlier this year, the City Council asked the City Manager to develop 5 a plan for enhanced education and engagement regarding clean, healthy and beautiful 6 waterways, and staff engaged a facilitator who held listening sessions with the 7 community, including representatives of environmental groups, retailers, and the 8 community at large; 9 10 WHEREAS, the listening sessions brought to light a lack of public awareness of 11 steps already being taken by the City to improve our waterways and community clean-up 12 efforts, such as the City's Adopt-A-Program, Adopt-A-Drain program, Earth Day, Great 13 American Cleanup, Recycling Education and Outreach, and the work of the City's Clean 14 Community Commission; 15 16 WHEREAS, these listening sessions also made clear that City residents, retailers, 17 and environmental groups share the goal of promoting clean and healthy waterways; 18 19 WHEREAS, clean waterways and clean communities help make the City a 20 healthier place to live for our residents, and clean waterways economically benefit the 21 City by attracting visitors who seek clean and healthy places to visit and business that 22 seek clean communities when determining where to locate or expand; and 23 24 WHEREAS, the promotion of clean waterways and the removal of litter are ways 25 that citizens, environmental groups, civic organizations, and the business community can 26 work together for the betterment of our City by promoting cleaner waterways, and those 27 efforts are also ways that individuals can support the City's extensive efforts to prevent 28 flooding; 29 30 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 31 OF VIRGINIA BEACH, VIRGINIA: 32 33 That the City Council hereby designates October 2022 as Fall Clean-Up Month in 34 the City of Virginia Beach; and 35 36 That the City Council encourages and calls upon neighborhoods, community 37 groups, civic organizations, non-profits, and businesses throughout the City to host clean- 38 up events in October, and the Council calls upon residents to support and participate in 39 those efforts in furtherance of the City's goals for Clean, Healthy and Beautiful 40 Waterways. Adopted by the City Council of the City of Virginia Beach, Virginia on the day , 2022. APPROVED AS TO LEGAL SUFFICIENCY: G',.&t:e ----- City Attorney's Office CA15922 R-2 September 13, 2022 2 :771 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Naming the Stage and Paved Area at the 31st Street Park as "The Nancy A. Creech Performance Plaza at Neptune's Park" MEETING DATE: September 20, 2022 • Background: Nancy A. Creech has supported the City of Virginia Beach for many years and in countless different capacities, most prominently as President of the Virginia Beach Neptune Festival, an organization for which she has been actively involved since 1974. Under her leadership, the Neptune Festival produces more than 40 events annually, and its flagship event, the Virginia Beach Neptune Festival Boardwalk Weekend, is the largest annual special event in the Commonwealth of Virginia. She was elected and served as a member of the City Council, and she was as a member of the Planning Commission for more than a decade. ■ Considerations: In 2004, under her leadership, the Neptune Festival commissioned the 34-foot King Neptune Statue, and in 2005, when the statute was completed, the Festival dedicated the statue to the City. The Neptune Statue is located near the 31st Street Park, adjacent to the 31st Street Stage that has hosted hundreds of musical acts and performers, including during Neptune Festival events. The City Council desires to acknowledge Nancy Creech's many contributions to the City by naming this stage and the surrounding paved area in her honor. • Public Information: Public information will be provided through the normal Council agenda process. • Attachments: Resolution Requested by City Council REQUESTED BY CITY COUNCIL 1 A RESOLUTION TAGE AND PAVED AREA NAMING THE S 2 AT THE 31ST STREET PARK AS "THE NANCY A. CREECH 3 PERFORMANCE PLAZA AT NEPTUNE'S PARK" 4 5 WHEREAS, Nancy A. Creech has supported the City of Virginia Beach for many 6 years and in countless different capacities, most prominently as President of the Virginia 7 Beach Neptune Festival, an organization for which she has been actively involved since 8 1974; 9 10 WHEREAS, under her leadership, the Neptune Festival produces more than 40 11 events annually, and its flagship event, the Virginia Beach Neptune Festival Boardwalk 12 Weekend, is the largest annual special event in the Commonwealth of Virginia; 13 14 WHEREAS, the Boardwalk Weekend has been ranked as one of the Top 20 15 Events in the Southeastern United States, with an annual economic impact of more than 16 $20 million and more than $1 million in local tax revenue; 17 18 WHEREAS, she was elected and served as a member of the City Council, and 19 she was as a member of the Planning Commission for more than a decade; 20 21 WHEREAS, she also served with distinction on several other boards and 22 commissions, including the Resort Advisory Commission, the Virginia Beach Arts & 23 Cultural Advocacy Committee, the Sandler Center Steering & Fundraising Committee, 24 the Virginia Beach Police Foundation, the Virginia Symphony Orchestra, the Governors 25 School for the Arts Foundation, Virginia Musical Theater, the Hampton Roads Navy 26 League, and Virginia Beach Vision; 27 28 WHEREAS, she has been honored as First Citizen of Virginia Beach, Great 29 Citizen of Hampton Roads, Hampton Roads Woman of the Year, and a Virginia Beach 30 Champion for the Arts, among many other honors, including, most recently, the Virginia 31 Beach Diamond Award; 32 33 WHEREAS, in 2004, under her leadership, the Neptune Festival commissioned 34 the 34-foot King Neptune Statue, and in 2005, when the statue was completed, the 35 Festival dedicated the statute to the City; 36 37 WHEREAS, the Neptune Statue has become a source of pride for all residents of 38 the City, and it has become an iconic image of the City, recognized throughout the 39 region and well beyond; 40 41 WHEREAS, the Neptune Statue is located near the 31st Street Park, adjacent to 42 the 31st Street Stage that has hosted hundreds of musical acts and performers, 43 including during Neptune Festival events; and 44 45 WHEREAS, the City Council desires to acknowledge Nancy Creech's many 46 contributions to the City by naming this stage and the surrounding paved area in her 47 honor; 48 49 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 50 VIRGINIA BEACH, VIRGINIA: 51 52 That the 31st Street Stage and the adjacent paved area is hereby named, and 53 shall henceforth be known as, "The Nancy A. Creech Performance Plaza at Neptune's 54 Park." 55 56 Adopted by the City Council of the City of Virginia Beach, Virginia, this 57 day of , 2022. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA15903 R-3 September 14, 2022 u-•, f 4 w-�1�yh'� fir+ ., 'y 'r i v CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Recognizing the First Week of October as Malnutrition Awareness Week MEETING DATE: September 20, 2022 • Background: Nutrition status is a direct measure of a person's health, and inadequate or unbalanced nutrition, known as malnutrition, is particularly prevalent in vulnerable populations, including older adults, hospitalized patients, and people in underserved communities, who shoulder the highest statistical incidences of the most severe chronic illnesses such as diabetes, kidney disease, cancer, and cardiovascular disease. The effects of malnutrition have been exacerbated by the COVID-19 pandemic, which has intensified disparities and social isolation for older adults, which is further compounded by food insecurity across many communities. • Considerations: In 2012, the American Society for Parental and Enteral Nutrition established Malnutrition Awareness Week to increase understanding about the danger of malnutrition and increase support for critical intervention and treatment options. Earlier this year, the General Assembly of Virginia approved a resolution that designates the first week in October as Malnutrition Awareness Week in Virginia. • Public Information: Public information will be provided through the normal Council agenda process. • Attachments: Resolution Requested by Councilmembers Berlucchi, Henley and Miles and the Human Rights Commission REQUESTED BY COUNCILMEMBER BERLUCCHI, HENLEY AND MILES AND THE HUMAN RIGHTS COMMISSION 1 A RESOLUTION RECOGNIZING THE FIRST WEEK OF 2 OCTOBER AS MALNUTRITION AWARENESS WEEK 3 4 WHEREAS, nutrition status is a direct measure of a person's health, and 5 inadequate or unbalanced nutrition, known as malnutrition, is particularly prevalent in 6 vulnerable populations, including older adults, hospitalized patients, and people in 7 underserved communities, who shoulder the highest statistical incidences of the most 8 severe chronic illnesses such as diabetes, kidney disease, cancer, and cardiovascular 9 disease; 10 11 WHEREAS, the effects of malnutrition have been exacerbated by the COVID-19 12 pandemic, which has intensified disparities and social isolation for older adults, which is 13 further compounded by food insecurity across many communities; 14 15 WHEREAS, in 2012, the American Society for Parental and Enteral Nutrition 16 established Malnutrition Awareness Week to increase understanding about the danger of 17 malnutrition and increase support for critical intervention and treatment options; 18 19 WHEREAS, earlier this year, the General Assembly of Virginia approved a 20 resolution that designates the first week in October as Malnutrition Awareness Week in 21 Virginia; and 22 23 WHEREAS, the City Council supports efforts to raise awareness of malnutrition 24 and to address malnutrition because freedom from hunger and malnutrition is crucial for 25 the enjoyment of human rights; 26 27 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 28 OF VIRGINIA BEACH, VIRGINIA: 29 30 That the City Council hereby recognizes the first week of October as Malnutrition 31 Awareness Week and supports the efforts of governmental agencies, non-profits, 32 community organizations and others to provide intervention and treatment options for 33 persons suffering from malnutrition. Adopted by the City Council of the City of Virginia Beach, Virginia on the day , 2022. APPROVED AS TO LEGAL SUFFICIENCY: V.4&) Alt City Attorney's • -ice CA15923 R-1 September 14,2022 2 [ 617'4%2 ii le, 4:Ltiv CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend City Code Section 2-224.14 to Allow Additional Time for Bidders to Submit Project Goals Information MEETING DATE: September 20, 2022 • Background: In June 2022, the City Council enacted a project goals program as one of the recommendations of the City's Disparity Study. The project goals program applies to all construction projects with an anticipated expenditure of more than $5,000,000. Each construction project above $5,000,000 is reviewed to determine if there are opportunities for meaningful minority-owned business subcontracting, and based on a review of the trade work and subcontracting, the invitation to bid includes a percentage of the total bid that has to be subcontracted with minority-owned subcontractors. For a bid to be responsive, it has to meet the project goal or submit good-faith effort documentation providing, with specificity, the steps the bidder took in furtherance of meeting the project goal. • Considerations: The City Staff has implemented the 2020 project goals program. On more than one occasion, a bidder has asserted that it has information sufficient to meet the project goal or good-faith efforts requirement, but the bidder failed to include this information in the sealed bid. After review of other localities that have implemented similar programs, the City Staff believes an allowance of 48 hours would allow otherwise responsive bidders time to submit the required documentation without jeopardizing the purposes of the project goals program. This matter was presented to the Minority Business Committee at its September 9th meeting, and the MBC endorsed the proposed ordinance. • Public Information: Public information will be provided through the normal Council agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Finance Department City Manager: irD 1 AN ORDINANCE TO AMEND CITY CODE SECTION 2- 2 224.14 TO ALLOW ADDITIONAL TIME FOR BIDDERS TO 3 SUBMIT PROJECT GOALS INFORMATION 4 5 SECTION AMENDED: § 2-224.14 6 7 WHEREAS, the City Staff recommends amending the City's Project Goals 8 Ordinance to allow additional time for bidders to submit project goals or good faith efforts 9 information; 10 11 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 12 VIRGINIA BEACH, VIRGINIA, THAT: 13 14 Section 2-224.14 of the City Code is hereby amended to read as follows: 15 16 Section 2-224.14. — Project Goals — Construction. 17 18 (a) For a solicitation to purchase construction services with an estimated value of more 19 than five million dollars ($5,000,000), the Purchasing Agent or designee shall 20 review the anticipated scope of work to make a determination as to whether there 21 are sufficient subcontracting opportunities for meaningful minority-owned business 22 project goals. In the setting of a project goal, the term "minority-owned business" 23 shall mean only businesses owned by Asian Americans, Black Americans, and 24 Hispanic Americans. In the development of the solicitation, the Purchasing Agent 25 or designee in consultation with the City's SWaM Business Office shall use the 26 same or substantially similar goal-setting methodology as is utilized in the federal 27 Urban Construction Initiative. 28 (b) The project goal for the solicitation shall be a requirement for a responsive bid. 29 Alternatively, a bidder may seek a waiver from the project goal requirement by 30 submission of good faith efforts. The review of the request for a waiver shall use 31 the same factors as set forth in § 2-224.2. Any determination of good faith efforts 32 as a waiver shall be reduced to writing and made a part of the procurement record. 33 Small business utilization, project goals and/or good faith efforts information shall 34 be provided to the City with the bid or within 48 hours of the time for submission of 35 bids, and if such 48 hour period of time ends on a weekend or holiday, the 36 information shall be provided to the City by 3pm the following business day. 37 (c) For purposes of classification as a minority-owned business for purposes of this 38 section, the City shall allow certification through the Virginia Department of Small 39 Business and Supplier Diversity or certification through the City's SWaM Business 40 Office. 41 (d) The requirements of this section shall not apply to emergency procurements nor 42 projects that include federal disadvantaged business enterprise requirements or 43 similar requirements. 44 (e) The Purchasing Agent shall provide quarterly reports to the City Council of all 45 construction bids in excess of$5 million, the project goal for each solicitation, and 46 the results of the bids for such contracts, including the proposed minority-owned 47 business subcontracting. 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: Finance Department Cry ey's Office CA15904 R-3 September 8, 2022 fq..,_ - w, ig."( :\k, CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to Amend Sections 35-158 and 35-161 of the City Code Regarding the Tax on Transients Obtaining Lodging MEETING DATE: September 20, 2022 • Background: The City levies a transient occupancy tax upon hotel rooms and other room or home rentals. This tax includes both a rate and a per room night charge. The transient occupancy tax supports the General Fund, the Tourism Advertising Program (TAP), and the Tourism Investment Program (TIP). Additional revenues support the Central Business District TIF and the Sandbridge SSD. The 2021 General Assembly enacted legislation that was intended to address disparate tax treatment of lodging transactions. This legislation addressed the retail sales and use tax as well as local and regional transient occupancy taxes. Prior to the legislation, a customer would pay a larger amount of sales and transient occupancy taxes when it booked a room directly with a hotel or motel than if the same transaction occurred online through an intermediary. Once the 2021 legislation was implemented, all lodging transactions are taxed on the entire room charge. • Considerations: The 2022 General Assembly made a few technical changes to the 2021 legislation. These include the following: • Amends the definition of "accommodations intermediary" to include a party that collects room charges or imposes fees for facilitating an accommodations sale. • The definition of "accommodations intermediary" was further amended to categorically exclude real estate licensees acting within the scope of their real estate license. • Amends the definition of "room charge" to clarify that the "room charge" includes any accommodations fee or facilitation fee or fee of similar nature. • Amends the procedure for collection to allow agreements between two or more accommodations intermediaries to remit the tax to the City. • Requires monthly reports to the City providing the property addresses and gross receipts for all accommodations facilities by the accommodations intermediary. The 2022 legislation is effective October 1, 2022, so this ordinance is necessary to conform the City Code to the Virginia Code. Of note, the City's 2022 Legislative Agenda included a request to allow additional information sharing regarding short term rentals between the Commissioner of the Revenue and the Department of Planning. The 2022 legislation does not solve the information sharing issue entirely, but it does include a provision for monthly reporting to the "locality." Accordingly, the attached ordinance requires accommodations Transient Occupancy Taxes 2022 Page 2 of 2 intermediaries to submit two monthly reports: a report for the Commissioner of Revenue of addresses and gross receipts, and a separate report for the Department of Planning with addresses conducting transient room rentals. • Public Information: Normal Council agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance; 2022 Acts of Assembly c. 7 Recommended Action: Approval Submitting Department/Agency: Commissioner of the Revenue City Manager/qt.-9 1 AN ORDINANCE TO AMEND SECTIONS 35-158 2 AND 35-161 OF THE CITY CODE REGARDING 3 THE TAX ON TRANSIENTS OBTAINING 4 LODGING 5 6 SECTIONS AMENDED: 35-158; and 35-161 7 8 WHEREAS, 2022 Acts of Assembly cs. 7 and 640 (the "2022 Legislation") are 9 identical pieces of legislation that further the work of last year's overhaul of the retail sales 10 and use tax and local transient occupancy taxes to address the role of online retailers for 11 both hotels and short-term rentals; 12 13 WHEREAS, the 2022 Legislation is effective October 1, 2022; and 14 15 WHEREAS, the City Council desires to amend and reordain certain sections of the 16 City Code regarding the City's transient occupancy taxes to align with the 2022 17 Legislation; 18 19 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 20 OF VIRGINIA BEACH, VIRGINIA, THAT: 21 22 1. Sections 35-158, and 35-161 of the City Code are hereby amended and reordained 23 as follows: 24 25 Sec. 35-158. Definitions. 26 27 Except where the context clearly indicates a different meaning, the following words 28 and phrases, when used in this article shall, for the purposes of this article, have the 29 meanings ascribed to them in this section: 30 31 Accommodations. "Accommodations" means any room or space for which tax is 32 imposed on the retail sale of the same pursuant to this article. 33 34 Accommodations fee. "Accommodations fee" means the room charge less the 35 discount room charge, if any, provided that the accommodations fee shall not be less than 36 $0. 37 38 Accommodations intermediary. "Accommodations intermediary" means any 39 person other than an accommodations provider that (i) facilitates the sale of an 40 accommodation; and (ii) either (a) charges a room charge to the customer, and charges 41 an accommodations fee to the customer, which fee it retains as compensation for 42 facilitating the sale; (b) collects a room charge from the customer; or (c) charges a fee, 43 other than an accommodations fee, to the customer, which fee it retains as compensation 44 for facilitating the sale. For purposes of this definition, "facilitates the sale" includes 45 brokering, coordinating, or in any other way arranging for the purchase of the right to use 46 accommodations via a transaction directly, including via one or more payment 47 processors, between a customer and an accommodations provider. "Accommodations 48 intermediary" does not include a person (1) if the accommodations are provided by an 49 accommodations provider operating under a trademark, trade name, or service mark 50 belonging to such person; Of (2) who facilitates the sale of an accommodation if (i) the 51 price paid by the consumer to such person is equal to the price paid by such person to 52 the accommodations provider for the use of the accommodations and (ii) the only 53 compensation received by such person for facilitating the sale of the accommodations is 54 a commission paid from the accommodations provider to such person; or (3) who is 55 licensed as a real estate licensee pursuant to Article 1 of Chapter 21 of Title 54.1, when 56 acting within the scope of such license. 57 58 Accommodations provider. "Accommodations provider" means any person that 59 furnishes accommodations to the general public for compensation. The term "furnishes" 60 includes the sale of use or possession or the sale of the right to use or possess. An 61 Accommodations provider may be any public or private hotel, inn, hostelry, tourist home 62 or house, tourist camp, tourist cabin, camping grounds, motel, rooming house or other 63 lodging place within the city offering lodging, for compensation, to any transient. 64 65 Affiliate. "Affiliate" means with respect to any person, any other person directly or 66 indirectly controlling, controlled by, or under common control with such person. For 67 purposes of this definition, "control" (including controlled by and under common control 68 with) shall mean the power, directly or indirectly, to direct or cause the direction of the 69 management and policies of such person through ownership or voting securities or by 70 contract or otherwise. 71 72 City treasurer. "City treasurer" means the treasurer of the city and any of his or her 73 duly authorized deputies and agents. 74 75 Commissioner of revenue. "Commissioner of revenue" means the commissioner 76 of revenue of the city and any of his or her duly authorized deputies and agents. 77 78 Discount room charge. "Discount room charge"means the full amount charged by 79 the accommodations provider to the accommodations intermediary, or an affiliate thereof, 80 for furnishing the accommodations. 81 82 Retail sale. "Retail sale" means a sale to any person for any purpose other than 83 for resale. 84 85 Room charge. "Room charge" means the full retail price charged to the customer 86 for the use of the accommodations, including ate} 87 accommodations fee, before taxes. "Room charge" includes any fee charged to the 88 customer and retained as compensation for facilitating the sale, whether described as an 89 accommodations fee, facilitation fee, or any other name. The room charge shall be 90 determined in accordance with 23VAC10-210-730 and the related rulings of the Virginia 91 Department of Taxation on the same. 92 93 Transient. "Transient" means any person who, for any period of not more than 94 ninety (90) consecutive days, either at his own expense or at the expense of another, 95 obtains accommodations from any accommodations provider. 96 97 The Commissioner of the Revenue may rely upon the processes and procedures 98 promulgated by the Virginia Department of Taxation to implement 2021 Acts of Assembly 99 Special Session c. 383 or 2022 Acts of Assembly cs. 7 and 640 in the construction or 100 interpretation of any of the above definitions and the incidence of the tax authorized by 101 this Article VII of Chapter 35 of the City Code. 102 103 .... 104 105 Sec. 35-161. Collection. 106 107 a. For any retail sale of accommodations not facilitated by an accommodations 108 intermediary, the accommodations provider shall collect the tax imposed pursuant 109 to this article, computed on the total price paid for the use or possession of the 110 accommodations, and shall remit the same to the City and shall be liable for the 111 same. 112 113 b. For any retail sale of accommodations facilitated by an accommodations 114 intermediary, the accommodations intermediary shall be deemed under this article 115 as a facility making a retail sale of an accommodation. The accommodations 116 intermediary shall collect the tax imposed pursuant to this article, computed on the 117 room charge and shall remit the same to the locality and shall be liable for the 118 same. When the accommodations are at a hotel, the accommodatie-R,, 119 intermediary shall remit the taxes on the accommodations fee to the City and shall 120 remit any remaining taxes to the hotel, which shall remit such taxes to the City. 121 122 , 123 intermediary shall remit the taxes on the room charge to the City. 124 125 c. For any transaction for the retail sale of accommodations involving two or more 126 parties that meet the definition of accommodations intermediary, nothing in this 127 section shall prohibit such parties from making an agreement regarding which 128 party shall be responsible for collecting and remitting the tax, so long as the party 129 so responsible is registered with the locality for purposes of remitting the tax. In 130 such event, the party that agrees to collect and remit the tax shall be the sole party 131 liable for the tax, and the other party to such agreement shall not be liable for such 132 tax. 133 134 135 , 136 for that portion of the taxes under this article that relate to the discount room charge 137 138 139 140 d. In any retail sale of any accommodations in which an accommodations 141 intermediary does not facilitate the sale of the accommodations, the 142 accommodations provider shall separately state the amount of the tax in the bill, 143 invoice, or similar documentation and shall add the tax to the total price paid for 144 the use or possession of the accommodations. In any retail sale of any 145 accommodations in which an accommodations intermediary facilitates the sale of 146 the accommodation, the accommodations intermediary shall separately state the 147 amount of the tax on the bill, invoice, or similar documentation and shall add the 148 tax to the room charge; thereafter, such tax shall be a debt from the customer to 149 the accommodations intermediary, recoverable at law in the same manner as other 150 debts. 151 152 e. The taxes required to be collected under this section shall be deemed to be held 153 in trust by the person required to collect such taxes, until remitted as required in 154 this article. 155 156 f. Any accommodations intermediary conducting transactions within the City shall 157 submit to the Commissioner of the Revenue the property addresses and gross 158 receipts for all accommodations facilitated by the accommodations intermediary in 159 the City on forms promulgated by the Commissioner of the Revenue. A copy of 160 this report containing only the property addresses shall be separately submitted by 161 the accommodations intermediary to the Department of Planning. Such 162 information shall be submitted monthly. 163 164 2. The effective date of this ordinance is October 1, 2022. Adopted by the City Council of the City of Virginia Beach, Virginia, this day of , 2022. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Commissioner of the Revenue i A ney's Office CA15921 R-2 September 9, 2022 VIRGINIA ACTS OF ASSEMBLY -- 2022 SESSION CHAPTER 7 An Act to amend and reenact §§ 58.1-602, 58.1-612.2, and 58.1-3826 of the Code of Virginia, relating to sales and transient occupancy taxes; accommodations intermediaries. [H 518] Approved March 2,2022 Be it enacted by the General Assembly of Virginia: 1. That §§ 58.1-602, 58.1-612.2, and 58.1-3826 of the Code of Virginia are amended and reenacted as follows: § 58.1-602. Definitions. As used in this chapter, unless the context clearly shows otherwise: "Accommodations" means any room or rooms, lodgings, or accommodations in any hotel, motel, inn, tourist camp, tourist cabin, camping grounds, club, short-term rental, or any other place in which rooms, lodging, space, or accommodations are regularly furnished to transients for a consideration. "Accommodations fee" means the room charge less the discount room charge, if any, provided that the accommodations fee shall not be less than $0. "Accommodations intermediary" means any person other than an accommodations provider that (i) facilitates the sale of an accommodation; and (ii) either (a) charges a room charge to the customer, and charges an accommodations fee to the customer, which fee it retains as compensation for facilitating the sale; (b) collects a room charge from the customer; or (c) charges a fee, other than an accommodations fee, to the customer, which fee it retains as compensation for facilitating the sale. For purposes of this definition, "facilitates the sale" includes brokering, coordinating, or in any other way arranging for the purchase of the right to use accommodations via a transaction directly, including via one or more payment processors, between a customer and an accommodations provider. "Accommodations intermediary" does not include a person: 1. If the accommodations are provided by an accommodations provider operating under a trademark, trade name, or service mark belonging to such person; ec 2. Who facilitates the sale of an accommodation if (i) the price paid by the customer to such person is equal to the price paid by such person to the accommodations provider for the use of the accommodations and (ii) the only compensation received by such person for facilitating the sale of the accommodation is a commission paid from the accommodations provider to such person.-; or 3. Who is licensed as a real estate licensee pursuant to Article 1 (§ 54.1-2100 et seq) of Chapter 21 of Title 54.1, when acting within the scope of such license. "Accommodations provider" means any person that furnishes accommodations to the general public for compensation. The term "furnishes" includes the sale of use or possession or the sale of the right to use or possess. "Advertising" means the planning, creating, or placing of advertising in newspapers, magazines, billboards, broadcasting and other media, including, without limitation, the providing of concept, writing, graphic design, mechanical art, photography and production supervision. Any person providing advertising as defined in this section shall be deemed to be the user or consumer of all tangible personal property purchased for use in such advertising. "Affiliate" means the same as such term is defined in § 58.1-439.18. "Amplification, transmission and distribution equipment" means, but is not limited to, production, distribution, and other equipment used to provide Internet-access services, such as computer and communications equipment and software used for storing, processing and retrieving end-user subscribers' requests. "Business" includes any activity engaged in by any person, or caused to be engaged in by him, with the object of gain, benefit or advantage, either directly or indirectly. "Cost price" means the actual cost of an item or article of tangible personal property computed in the same manner as the sales price as defined in this section without any deductions therefrom on account of the cost of materials used, labor, or service costs, transportation charges, or any expenses whatsoever. "Custom program" means a computer program that is specifically designed and developed only for one customer. The combining of two or more prewritten programs does not constitute a custom computer program. A prewritten program that is modified to any degree remains a prewritten program and does not become custom. "Discount room charge" means the full amount charged by the accommodations provider to the accommodations intermediary, or an affiliate thereof, for furnishing the accommodations. "Distribution" means the transfer or delivery of tangible personal property for use, consumption, or storage by the distributee, and the use, consumption, or storage of tangible personal property by a 2 of 6 person that has processed, manufactured, refined, or converted such property, but does not include the transfer or delivery of tangible personal property for resale or any use, consumption, or storage otherwise exempt under this chapter. "Gross proceeds" means the charges made or voluntary contributions received for the lease or rental of tangible personal property or for furnishing services, computed with the same deductions, where applicable, as for sales price as defined in this section over the term of the lease, rental, service, or use, but not less frequently than monthly. "Gross proceeds" does not include finance charges, carrying charges, service charges, or interest from credit extended on the lease or rental of tangible personal property under conditional lease or rental contracts or other conditional contracts providing for the deferred payments of the lease or rental price. "Gross sales" means the sum total of all retail sales of tangible personal property or services as defined in this chapter, without any deduction, except as provided in this chapter. "Gross sales" does not include the federal retailers' excise tax or the federal diesel fuel excise tax imposed in § 4091 of the Internal Revenue Code if the excise tax is billed to the purchaser separately from the selling price of the article, or the Virginia retail sales or use tax, or any sales or use tax imposed by any county or city under § 58.1-605 or 58.1-606. "Import" and "imported" are words applicable to tangible personal property imported into the Commonwealth from other states as well as from foreign countries, and "export" and "exported" are words applicable to tangible personal property exported from the Commonwealth to other states as well as to foreign countries. "In this Commonwealth" or "in the Commonwealth" means within the limits of the Commonwealth of Virginia and includes all territory within these limits owned by or ceded to the United States of America. "Integrated process," when used in relation to semiconductor manufacturing, means a process that begins with the research or development of semiconductor products, equipment, or processes, includes the handling and storage of raw materials at a plant site, and continues to the point that the product is packaged for final sale and either shipped or conveyed to a warehouse. Without limiting the foregoing, any semiconductor equipment, fuel, power, energy, supplies, or other tangible personal property shall be deemed used as part of the integrated process if its use contributes, before, during, or after production, to higher product quality, production yields, or process efficiencies. Except as otherwise provided by law, "integrated process" does not mean general maintenance or administration. "Internet" means collectively, the myriad of computer and telecommunications facilities, which comprise the interconnected worldwide network of computer networks. "Internet service" means a service that enables users to access proprietary and other content, information electronic mail, and the Internet as part of a package of services sold to end-user subscribers. "Lease or rental" means the leasing or renting of tangible personal property and the possession or use thereof by the lessee or renter for a consideration, without transfer of the title to such property. "Manufacturing, processing, refining, or conversion" includes the production line of the plant starting with the handling and storage of raw materials at the plant site and continuing through the last step of production where the product is finished or completed for sale and conveyed to a warehouse at the production site, and also includes equipment and supplies used for production line testing and quality control. "Manufacturing" also includes the necessary ancillary activities of newspaper and magazine printing when such activities are performed by the publisher of any newspaper or magazine for sale daily or regularly at average intervals not exceeding three months. The determination of whether any manufacturing, mining, processing, refining or conversion activity is industrial in nature shall be made without regard to plant size, existence or size of finished product inventory, degree of mechanization, amount of capital investment, number of employees or other factors relating principally to the size of the business. Further, "industrial in nature" includes, but is not limited to, those businesses classified in codes 10 through 14 and 20 through 39 published in the Standard Industrial Classification Manual for 1972 and any supplements issued thereafter. "Modular building" means, but is not limited to, single and multifamily houses, apartment units, commercial buildings, and permanent additions thereof, comprised of one or more sections that are intended to become real property, primarily constructed at a location other than the permanent site, built to comply with the Virginia Industrialized Building Safety Law (§ 36-70 et seq.) as regulated by the Virginia Department of Housing and Community Development, and shipped with most permanent components in place to the site of final assembly. For purposes of this chapter, "modular building" does not include a mobile office as defined in § 58.1-2401 or any manufactured building subject to and certified under the provisions of the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. § 5401 et seq.). "Modular building manufacturer" means a person that owns or operates a manufacturing facility and is engaged in the fabrication, construction and assembling of building supplies and materials into modular buildings, as defined in this section, at a location other than at the site where the modular building will be assembled on the permanent foundation and may or may not be engaged in the process 3 of 6 of affixing the modules to the foundation at the permanent site. "Modular building retailer" means any person that purchases or acquires a modular building from a modular building manufacturer, or from another person, for subsequent sale to a customer residing within or outside of the Commonwealth, with or without installation of the modular building to the foundation at the permanent site. "Motor vehicle" means a "motor vehicle" as defined in § 58.1-2401, taxable under the provisions of the Virginia Motor Vehicles Sales and Use Tax Act (§ 58.1-2400 et seq.) and upon the sale of which all applicable motor vehicle sales and use taxes have been paid. "Occasional sale" means a sale of tangible personal property not held or used by a seller in the course of an activity for which it is required to hold a certificate of registration, including the sale or exchange of all or substantially all the assets of any business and the reorganization or liquidation of any business, provided that such sale or exchange is not one of a series of sales and exchanges sufficient in number, scope and character to constitute an activity requiring the holding of a certificate of registration. "Open video system" means an open video system authorized pursuant to 47 U.S.C. § 573 and, for purposes of this chapter only, also includes Internet service regardless of whether the provider of such service is also a telephone common carrier. "Person" includes any individual, firm, copartnership, cooperative, nonprofit membership corporation, joint venture, association, corporation, estate, trust, business trust, trustee in bankruptcy, receiver, auctioneer, syndicate, assignee, club, society, or other group or combination acting as a unit, body politic or political subdivision, whether public or private, or quasi-public, and the plural of "person" means the same as the singular. "Prewritten program" means a computer program that is prepared, held or existing for general or repeated sale or lease, including a computer program developed for in-house use and subsequently sold or leased to unrelated third parties. "Qualifying locality" means Charlotte County, Gloucester County, Halifax County, Henry County, Mecklenburg County, Northampton County, Patrick County, Pittsylvania County, or the City of Danville. "Railroad rolling stock" means locomotives, of whatever motive power, autocars, railroad cars of every kind and description, and all other equipment determined by the Tax Commissioner to constitute railroad rolling stock. "Remote seller" means any dealer deemed to have sufficient activity within the Commonwealth to require registration under § 58.1-613 under the criteria specified in subdivision C 10 or 11 of§ 58.1-612 or any software provider acting on behalf of such dealer. "Retail sale" or a "sale at retail" means a sale to any person for any purpose other than for resale in the form of tangible personal property or services taxable under this chapter, and shall include any such transaction as the Tax Commissioner upon investigation finds to be in lieu of a sale. All sales for resale must be made in strict compliance with regulations applicable to this chapter. Any dealer making a sale for resale which is not in strict compliance with such regulations shall be personally liable for payment of the tax. The terms "retail sale" and a "sale at retail" specifically include the following: (i) the sale or charges for any accommodations furnished to transients for less than 90 continuous days; (ii) sales of tangible personal property to persons for resale when because of the operation of the business, or its very nature, or the lack of a place of business in which to display a certificate of registration, or the lack of a place of business in which to keep records, or the lack of adequate records, or because such persons are minors or transients, or because such persons are engaged in essentially service businesses, or for any other reason there is likelihood that the Commonwealth will lose tax funds due to the difficulty of policing such business operations; (iii) the separately stated charge made for automotive refinish repair materials that are permanently applied to or affixed to a motor vehicle during its repair; and (iv) the separately stated charge for equipment available for lease or purchase by a provider of satellite television programming to the customer of such programming. Equipment sold to a provider of satellite television programming for subsequent lease or purchase by the customer of such programming shall be deemed a sale for resale. The Tax Commissioner is authorized to promulgate regulations requiring vendors of or sellers to such persons to collect the tax imposed by this chapter on the cost price of such tangible personal property to such persons and may refuse to issue certificates of registration to such persons. The terms "retail sale" and a "sale at retail" also specifically include the separately stated charge made for supplies used during automotive repairs whether or not there is transfer of title or possession of the supplies and whether or not the supplies are attached to the automobile. The purchase of such supplies by an automotive repairer for sale to the customer of such repair services shall be deemed a sale for resale. The term "transient" does not include a purchaser of camping memberships, time-shares, condominiums, or other similar contracts or interests that permit the use of, or constitute an interest in, real estate, however created or sold and whether registered with the Commonwealth or not. Further, a purchaser of a right or license which entitles the purchaser to use the amenities and facilities of a specific real estate project on an ongoing basis throughout its term shall not be deemed a transient, 4 of 6 provided, however, that the term or time period involved is for seven years or more. The terms "retail sale" and "sale at retail" do not include a transfer of title to tangible personal property after its use as tools, tooling, machinery or equipment, including dies, molds, and patterns, if(i) at the time of purchase, the purchaser is obligated, under the terms of a written contract, to make the transfer and (ii) the transfer is made for the same or a greater consideration to the person for whom the purchaser manufactures goods. "Retailer" means every person engaged in the business of making sales at retail, or for distribution, use, consumption, or storage to be used or consumed in the Commonwealth. "Room charge" means the full retail price charged to the customer by the aeeemmodations intefmediafy for the use of the accommodations; including any fees before taxes. "Room charge" includes any fee charged to the customer and retained as compensation for facilitating the sale, whether described as an accommodations fee, facilitation fee, or any other name. The room charge shall be determined in accordance with 23VAC10-210-730 and the related rulings of the Department on the same. "Sale" means any transfer of title or possession, or both, exchange, barter, lease or rental, conditional or otherwise, in any manner or by any means whatsoever, of tangible personal property and any rendition of a taxable service for a consideration, and includes the fabrication of tangible personal property for consumers who furnish, either directly or indirectly, the materials used in fabrication, and the furnishing, preparing, or serving for a consideration of any tangible personal property consumed on the premises of the person furnishing, preparing, or serving such tangible personal property. A transaction whereby the possession of property is transferred but the seller retains title as security for the payment of the price shall be deemed a sale. "Sales price" means the total amount for which tangible personal property or services are sold, including any services that are a part of the sale, valued in money, whether paid in money or otherwise, and includes any amount for which credit is given to the purchaser, consumer, or lessee by the dealer, without any deduction therefrom on account of the cost of the property sold, the cost of materials used, labor or service costs, losses or any other expenses whatsoever. "Sales price" does not include (i) any cash discount allowed and taken; (ii) finance charges, carrying charges, service charges or interest from credit extended on sales of tangible personal property under conditional sale contracts or other conditional contracts providing for deferred payments of the purchase price; (iii) separately stated local property taxes collected; (iv) that portion of the amount paid by the purchaser as a discretionary gratuity added to the price of a meal; or (v) that portion of the amount paid by the purchaser as a mandatory gratuity or service charge added by a restaurant to the price of a meal, but only to the extent that such mandatory gratuity or service charge does not exceed 20 percent of the price of the meal. Where used articles are taken in trade, or in a series of trades as a credit or part payment on the sale of new or used articles, the tax levied by this chapter shall be paid on the net difference between the sales price of the new or used articles and the credit for the used articles. "Semiconductor cleanrooms" means the integrated systems, fixtures, piping, partitions, flooring, lighting, equipment, and all other property used to reduce contamination or to control airflow, temperature, humidity, vibration, or other environmental conditions required for the integrated process of semiconductor manufacturing. "Semiconductor equipment" means (i) machinery or tools or repair parts or replacements thereof; (ii) the related accessories, components, pedestals, bases, or foundations used in connection with the operation of the equipment, without regard to the proximity to the equipment, the method of attachment, or whether the equipment or accessories are affixed to the realty; (iii) semiconductor wafers and other property or supplies used to install, test, calibrate or recalibrate, characterize, condition, measure, or maintain the equipment and settings thereof; and (iv) equipment and supplies used for quality control testing of product, materials, equipment, or processes; or the measurement of equipment performance or production parameters regardless of where or when the quality control, testing, or measuring activity takes place, how the activity affects the operation of equipment, or whether the equipment and supplies come into contact with the product. "Short-term rental" means the same as such term is defined in §15.2-983. "Storage" means any keeping or retention of tangible personal property for use, consumption or distribution in the Commonwealth, or for any purpose other than sale at retail in the regular course of business. "Tangible personal property" means personal property that may be seen, weighed, measured, felt, or touched, or is in any other manner perceptible to the senses. "Tangible personal property" does not include stocks, bonds, notes, insurance or other obligations or securities. "Tangible personal property" includes (i) telephone calling cards upon their initial sale, which shall be exempt from all other state and local utility taxes, and (ii) manufactured signs. "Use" means the exercise of any right or power over tangible personal property incident to the ownership thereof, except that it does not include the sale at retail of that property in the regular course of business. "Use" does not include the exercise of any right or power, including use, distribution, or storage, over any tangible personal property sold to a nonresident donor for delivery outside of the 5 of 6 Commonwealth to a nonresident recipient pursuant to an order placed by the donor from outside the Commonwealth via mail or telephone. "Use" does not include any sale determined to be a gift transaction, subject to tax under § 58.1-604.6. "Use tax" refers to the tax imposed upon the use, consumption, distribution, and storage as defined in this section. "Used directly," when used in relation to manufacturing, processing, refining, or conversion, refers to those activities that are an integral part of the production of a product, including all steps of an integrated manufacturing or mining process, but not including ancillary activities such as general maintenance or administration. When used in relation to mining, "used directly" refers to the activities specified in this definition and, in addition, any reclamation activity of the land previously mined by the mining company required by state or federal law. "Video programmer" means a person that provides video programming to end-user subscribers. "Video programming" means video and/or information programming provided by or generally considered comparable to programming provided by a cable operator, including, but not limited to, Internet service. § 58.1-612.2. Tax collectible from accommodations providers and intermediaries. A. For any retail sale of accommodations not facilitated by an accommodations intermediary, the accommodations provider shall collect the retail sales and use taxes imposed in accordance with this chapter, computed on the total charges for the accommodations, and shall remit the same to the Department and shall be liable for the same. B. For any retail sale of accommodations facilitated by an accommodations intermediary, the accommodations intermediary shall be deemed under this chapter as a dealer making a retail sale of an accommodation. The accommodations intermediary shall collect the retail sales and use taxes imposed in accordance with this chapter, computed on the room charge: When the accommodations are at a hotel, the accommodations intermediary shall remit the taxes en the accommodations fee to the Department and shall remit any remaining taxes to the hotel, which shall remit such taxes to the Department, When the accommodations are at a short-term rental, as defined m § 15.2 983, or at any other the accommodations intermediary shall remit the taxes en the tune charge to the Department, and shall remit the same to the Department and shall be liable for the same. C. An accommodations intemiediary shall not be liable for retail sales and use taxes remitted to an accommodations prover but that are net then remitted to the Department by the accommodations provider. For any retail sale of accommodations facilitated by an accommodations interniedia an accommodations provider shall be liable for that portion of retail sales and use taxes that relates to the discount room charge only to the cxtcnt that the accommodations intermediary has remitted such taxes to the accommodations provider For any transaction for the retail sale of accommodations involving two or more parties that meet the definition of accommodations intermediary, nothing in this section shall prohibit such parties from making an agreement regarding which party shall be responsible for collecting and remitting the tax, so long as the party so responsible is registered as a dealer with the Department. In such event, the party agreeing to collect and remit the tax shall be the sole party liable for the tax, and the other parties to such agreement shall not be liable for such tax. D. For any retail sale of accommodations facilitated by an accommodations intermediary, nothing herein shall relieve the accommodations provider from liability for retail sales and use taxes on any amounts charged directly to the customer by the accommodations provider that are not collected by the accommodations intermediary. E. For any retail sale of accommodations not facilitated by an accommodations intermediary, the accommodations provider shall separately state the amount of the tax on the bill, invoice, or similar documentation and shall add the tax to the total charges charged to the transient by the accommodations provider. For any retail sale of accommodations facilitated by an accommodations intermediary, the accommodations intermediary shall separately state the amount of the tax on the bill, invoice, or similar documentation and shall add the tax to the room charge; thereafter, such tax shall be a debt from the customer to the accommodations intermediary, recoverable at law in the same manner as other debts. §58.1-3826. Scope of transient occupancy tax. A. The transient occupancy tax imposed pursuant to the authority of this article shall be imposed only for the use or possession of any room or space that is suitable or intended for occupancy by transients for dwelling, lodging, or sleeping purposes. B. For any retail sale of accommodations not facilitated by an accommodations intermediary, the accommodations provider shall collect the tax imposed pursuant to this article, computed on the total price paid for the use or possession of the accommodations, and shall remit the same to the locality and shall be liable for the same. C. For any retail sale of accommodations facilitated by an accommodations intermediary, the accommodations intermediary shall be deemed under this article as a facility making a retail sale of an accommodation. The accommodations intermediary shall collect the tax imposed pursuant to this article, computed on the room charge.- When the accommodations are at a hotels the accommodations intermedialy shall remit the taxes en the accommodations fee to the locality and shall remit any 6 of 6 remaining taxes to the hotel, which shall remit such taxes to the locality When the accommodations are at a sheer rental, as defined in § 15.2 983, or at any ether , the accommodations intermediary shall remit the taxes en the room charge to the locality and shall remit the same to the locality and shall be liable for the same. D. An accommodations intermediary shall not be liable for taxes under this article remitted to an accommedatiens provider but that are then net remitted to the locality by the accommodations provider. FEW any retail sale of accommodations facilitated by an accommodations provider shall be liable for that portion of the taxes under this article that relate to the discount room charge only to the extent that the accommodations intermediffly has remitted such taxes to the accommodations provider For any transaction for the retail sale of accommodations involving two or more parties that meet the definition of accommodations intermediary, nothing in this section shall prohibit such parties from making an agreement regarding which party shall be responsible for collecting and remitting the tax, so long as the party so responsible is registered with the locality for purposes of remitting the tax. In such event, the party that agrees to collect and remit the tax shall be the sole party liable for the tax, and the other parties to such agreement shall not be liable for such tax. E. In any retail sale of any accommodations in which an accommodations intermediary does not facilitate the sale of the accommodations, the accommodations provider shall separately state the amount of the tax in the bill, invoice, or similar documentation and shall add the tax to the total price paid for the use or possession of the accommodations. In any retail sale of any accommodations in which an accommodations intermediary facilitates the sale of the accommodation, the accommodations intermediary shall separately state the amount of the tax on the bill, invoice, or similar documentation and shall add the tax to the room charge; thereafter, such tax shall be a debt from the customer to the accommodations intermediary, recoverable at law in the same manner as other debts. F. Subject to applicable laws, an accommodations intermediary shall submit to a locality the property addresses and gross receipts for all accommodations facilitated by the accommodations intermediary in such locality. Such information shall be submitted monthly. 2. That the provisions of the first enactment of this act shall become effective on October 1, 2022. 3. That the Department of Taxation shall develop and make publicly available guidelines no later than August 1, 2022, for purposes of developing processes and procedures for implementing the provisions of this act. The development, issuance, and publication of the guidelines shall be exempt from the provisions of the Administrative Process Act (§2.2-4000 et seq. of the Code of Virginia). 4. That the Department of Taxation (the Department) shall convene and facilitate a work group to examine the processes currently used to collect local transient occupancy taxes and make recommendations for improving the efficiency and uniformity of those processes. The work group shall include one representative of the Commissioners of the Revenue, one representative of the Treasurers, one representative of counties, one representative of cities and towns, two representatives of the hotel industry, and two representatives of each type of accommodations intermediaries as defined in § 58.1-602 of the Code of Virginia, as amended by this act. The Department shall prepare and submit a report of the work group's findings and recommendations to the Chairmen of the House Committee on Finance and the Senate Committee on Finance and Appropriations no later than October 31, 2022. rru r.� f C4 �J ii°'p•M1.yJ IA CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend Various Federal Grant Programs Administered by the Department of Housing and Neighborhood Preservation MEETING DATE: September 20, 2022 • Background: Since the adoption of the FY 2022-23 budget, multiple events and notifications have occurred that require adjustments to the Department of Housing and Neighborhood Preservation's (DHNP) operating budget. These changes are summarized in the attachment to this agenda request. Many of these requests align budgeted funds with the actual award amounts and/or program revenues received across multiple fiscal years. In addition, DHNP is requesting the appropriation of funds from Housing Choice Voucher Program Administrative Fund balance as well as appropriation of newly received funding. Total net increase for the Department's FY 2022-23 budget is $556,435. • Considerations: The required changes must be adopted in order to reconcile DHNP's grant budget to actual funding. The recommended changes are discussed individually on the provided attachment. Staff recommends the adoption of all proposed changes. Without these adjustments, the affected grants will not be accurately reported in the financial system. • Public Information: Separate information about the proposed uses of Federal funds have been previously advertised through the annually required public notices and public hearings. Beyond those, there are no special, public information requirements for these funds; therefore, public Information will be coordinated through the normal agenda process. • Attachments: Ordinance; Detail Attachment Recommended Action: Approval Submitting Department/Agency: Housing and Neighborhood Preservation City Manager: /9kp 1 AN ORDINANCE TO AMEND VARIOUS FEDERAL 2 GRANT PROGRAMS ADMINISTERED BY THE 3 DEPARTMENT OF HOUSING AND NEIGHBORHOOD 4 PRESERVATION 5 6 WHEREAS, grant funding often spans fiscal years, and the City's financial system 7 keeps grants open in accordance with Section 8 of the Annual Appropriation Ordinance 8 to allow the appropriate accounting of such grants on a grant-by-grant basis; and 9 10 WHEREAS, the Department of Housing and Neighborhood Preservation requires 11 the adjustment of Community Development Block Grants, HOME Program Funds, 12 Emergency Shelter Grants, Housing Opportunities for Persons with AIDS Program, State 13 Rental Assistance, and Housing Choice Voucher Administration Funds and Fair Share 14 Vouchers; 15 16 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 17 OF VIRGINIA BEACH, VIRGINIA, THAT: 18 19 1. The following adjustments are to various federal grant programs within the 20 Department of Housing and Neighborhood Preservation's FY 2020-21 Budget: 21 a) Decrease appropriations by $313 for the Community Development Block 22 Grant funds, with federal revenue decreased accordingly; 23 b) Decrease appropriations by$31,306 for the Community Development Block 24 Grant funds, with program income revenue decreased accordingly; 25 c) Decrease appropriations by$231 for the HOME Program funds, with federal 26 revenue decreased accordingly; 27 d) Decrease appropriations by $44,597.98 for the HOME Program funds, with 28 program income revenue decreased accordingly; 29 30 2. The following adjustments are made to various federal grant programs within the 31 Department of Housing and Neighborhood Preservation's FY 2021-22 Budget: 32 a) Decrease appropriations by $2,587 for the Community Development Block 33 Grant funds, with program income revenue decreased accordingly; 34 b) Increase appropriations by $88,190.46 for the HOME Program funds, with 35 program income revenue increased accordingly; 36 37 3. The following adjustments are made to various federal grant programs within the 38 Department of Housing and Neighborhood Preservation's FY 2022-23 Budget: 39 a) Decrease appropriations by$72,255 for the Community Development Block 40 Grant funds, with federal revenue decreased accordingly; 41 b) Increase appropriations by $103,644 for the HOME Program funds, with 42 federal revenue increase accordingly; 43 c) Decrease appropriations by $5,040 for the Emergency Shelter Grant funds, 44 with federal revenue decreased accordingly; 45 d) Increase appropriations by $499,255 for the HOPWA Program funds, with 46 federal revenue increase accordingly; 47 e) Decrease appropriations by $382,443 for the State Rental Assistance 48 Program funds, with state revenue decreased accordingly; 49 f) Appropriate a total of $136,500 for the Emergency Housing Voucher 50 Program, with federal revenue increased accordingly; 51 g) Appropriate $156,000 for the Housing Choice Voucher Admin Funds, with 52 federal revenue increased accordingly; 53 h) Appropriate a total of$ 120,774 for the Housing Choice Voucher Program, 54 with federal funds increased accordingly; 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: B dget and Management Services C' o e ice CA15920 R-1 September 7, 2022 Attachment to Agenda Request to Amend the Operating Budget of the Department of Housing and Neighborhood Preservation City Council — September 20, 2022 HUD Community Development Block Grant Program (CDBG) Request to adjust appropriations to align with actual awarded amounts and program income received. Reductions to programs will be absorbed by other funds/slight program reductions. Fiscal Year Grant Adopted Award/Realized Adjustment Final Budget Revenue Needed Budget FY 2020-21 CDBG - HUD Award 2,056,051 2,055,738 (313) $2,055,738 FY 2020-21 CDBG - Program Income 100,000 68,694 (31,306) $68,694 FY 2021-22 CDBG - Program Income 139,500 136,913 (2,587) $136,913 FY 2022-23 CDBG - HUD Award 2,040,441 1,968,186 (72,255) $1,968,186 HUD HOME Program Funds Request to adjust appropriations to align with actual awarded amounts and program income received. Additional funds will enable enhancement of existing program funds. Fiscal Year Grant Adopted Award/Realized Adjustment Final Budget Revenue Needed Budget FY 2020-21 HOME - HUD Award 1,071,400 1,071,169 (231) $1,071,169 FY 2020-21 HOME - Program Income 100,000 88,402.02 (11,597.98) $88,402.02 FY 2021-22 HOME - Program Income 45,000 133,190.46 88,190.46 $133,190.46 FY 2022-23 HOME - HUD Award 1,059,622 1,163,266 103,644 $1,163,266 HUD Emergency Shelter Grant (ESG) Request to adjust appropriations to align with actual awarded amounts and program income received. Reductions to programs will be absorbed by other funds/slight program reductions Fiscal Year Grant Adopted Award/Realized Adjustment Final Budget Revenue Needed Budget FY 2022-23 ESG 176,560 171,520 (5,040) $171,520 HUD Housing Opportunities for Persons with AIDS (HOPWA) Program Request to adjust appropriations to align with actual awarded amount. The HOPWA Program is a regional program; HUD has expanded to include Camden County, North Carolina. These additional funds will enable services to be provided throughout the region. Fiscal Year Grant Adopted Award/Realized Adjustment Final Budget Revenue Needed Budget FY 2022-23 HOPWA 2,177,661 2,676,916 499,255 $2,676,916 State Rental Assistance Program (SRAP) The SRAP program is a state funded Rental Assistance Program, similar to the Section 8 Housing Choice Voucher Program. Request is to adjust appropriations to align with actual awarded amount and to transfer funds within the program to provide for enhanced program services/operations. Fiscal Year Grant Adopted Award/Realized Adjustment Final Budget Revenue Needed Budget FY 2022-23 State Rental Assistance 1,627,192 1,244,749 (382,443) $1,244,749 Emergency Housing Voucher (EHV) Program Appropriate revenue that has been received and is expected to be received in the FY for service and operations of the EHV program. Housing Choice Voucher (HCV) -Administration Funds Request to appropriate funds from HCV Admin Fund Balance. Funds will be utilized to support enhanced program operations for HCV participants. Housing Choice Voucher (HCV) - Fair Share Vouchers Request to appropriate funds awarded to the City for 14 HCV Fair Share Vouchers. Fiscal Year Grant Adopted Award/Realized Adjustment Final Budget Revenue Needed Budget FY 2022-23 EHV—received from HUD in FY22 - 14,000 14,000 $14,000 FY 2022-23 EHV—received from HUD in FY22 - 61,250 61,250 $61,250 FY 2022-23 EHV—awarded from HUD in FY23 - 61,250 61,250 $61,250 FY 2022-23 HCV— received in FY22 - 156,000 156,000 $156,000 HCV—Admin Fees -awarded from FY 2022-23 HUD in FY23 - 10,500 10,500 $10,500 HCV—Voucher Funds - awarded FY 2022-23 from HUD in FY23 - 110,274 110,274 $110,274 S �rtN'b�y�� ko CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution to Endorse a Family Self-Sufficiency Program Annual Plan for the Department of Housing and Neighborhood Preservation for the Housing Choice Voucher Program MEETING DATE: September 20, 2022 • Background: The City's Department of Housing and Neighborhood Preservation (DHNP) operates the federally funded Housing Choice Voucher program (HCV). As part of the HCV program, the DHNP operates a Family Self-Sufficiency (FSS) sub-program of the HCV Program. The goal of the FSS program is to guide self-selected HCV participants through an individualized plan for education and work experience that will lift them out of poverty. DHNP is required to submit an FSS Action Plan to the U.S. Department of Housing and Urban Development (HUD). The purpose of this action plan is to define and delineate precisely how DHNP will implement the program. In addition, it lists required data for submission to HUD from DHNP and its community partners. • Considerations: The attached resolution endorses the proposed FSS Action Plan and authorizes the submission of the plan to HUD. • Public Information: Normal City Council agenda process. • Attachments: Resolution; Action Plan Recommended Action: Approval Submitting Department/Agency: Housing and Neighborhood Preservation City Manager: 1 A RESOLUTION TO ENDORSE A FAMILY SELF- 2 SUFFICIENCY PROGRAM ANNUAL PLAN FOR THE 3 DEPARTMENT OF HOUSING AND 4 NEIGHBORHOOD PRESERVATION FOR THE 5 HOUSING CHOICE VOUCHER PROGRAM 6 7 WHEREAS, the City's Department of Housing and Neighborhood Preservation 8 (DHNP) operates the federally funded Housing Choice Voucher program (HCV); 9 10 WHEREAS, as part of the HCV program, DHNP operates a Family Self-Sufficiency 11 sub-program of the HCV Program; and 12 13 WHEREAS, DHNP is required to submit a Family Self-Sufficiency Action Plan to 14 the U. S. Department of Housing and Urban Development; 15 16 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE 17 CITY OF VIRGINIA BEACH, VIRGINIA, THAT: 18 19 The City Council hereby endorses the Department of Housing and Neighborhood 20 Preservation's proposed Family Self-Sufficiency Action Plan and authorizes the 21 submission of this plan to the U. S. Department of Housing and Urban Development. 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: 1 cry, •+,+' �' - _ Budget an. Management Services Ci or y' ffice CA15914 R-1 September 7, 2022 City of Virginia Beach Department of Housing & Neighborhood Preservation 2022 Family Self-Sufficiency Action Plan Created: September 2, 2032 Approved: FSS Action Plan TABLE OF CONTENTS CHAPTER 1 THE FAMILY SELF-SUFFICIENCY PROGRAM AND THE FSS ACTION PLAN PART I: THE FAMILY SELF-SUFFICIENCY (FSS)PROGRAM AND FSS ACTION PLAN 1 1-I.A. OVERVIEW OF THE FAMILY SELF-SUFFICIENCY PROGRAM 1 1-I.B. APPLICABLE REGULATIONS 2 1-I.C. THE FAMILY SELF-SUFFICIENCY ACTION PLAN 2 PART II: REQUIREMENTS OF THE FSS ACTION PLAN 3 1-II.A.OVERVIEW 3 1-II.B.HUD APPROACH TO POLICY DEVELOPMENT 3 1-II.C. FSS ACTION PLAN DEVELOPMENT AND REVISION 4 Development of Action Plan [24 CFR 984.201(b)and (c)] 4 Single Action Plan [24 CFR 984.201(f)] 4 Revision to the FSS Action Plan [24 CFR 984.201(c)(2)] 4 1-II.D.CONTENTS OF THE PLAN [24CFR 984.201(d)] 5 Optional Additional Information [24 CFR 984.201(d)(13)]. 6 1-II.E. FAMILY DEMOGRAPHICS [24 CFR 984.201(d)(1)] 7 0 Copyright 2022 by Nan McKay&Associates page TOC-1 Model FSS Action Plan 7/1/22 Unlimited copies may be made for internal use. CHAPTER 2 PURPOSE,SCOPE,AND APPLICABILITY OF THE FAMILY SELF-SUFFICIENCY PROGRAM PART I: PURPOSE AND BASIC REQUIREMENTS OF THE FSS PROGRAM 3 2-I.A. PURPOSE 3 2-I.B. PROGRAM OBJECTIVES [24 CFR 984.102] 3 2-I.C. BASIC REQUIREMENTS OF THE FSS PROGRAM [24 CFR 984.104] 3 PART II: SCOPE OF THE FSS PROGRAM 5 2-II.A.HOUSING ASSISTED FAMILIES ELIGIBLE TO PARTICIPATE IN FSS 5 2-II.B. PHAs REQUIRED TO OPERATE AN FSS PROGRAM 5 Mandatory Minimum Program Size(MMPS) [24 CFR 984.105] 5 2-II.C.COOPERATIVE AGREEMENTS [24 CFR 984.106] 7 2-II.D.ESTIMATE OF PARTICIPATING FAMILIES [24 CFR 984.201(d)(2)] 7 2-II.E.ELIGIBLE FAMILIES FROM OTHER SELF-SUFFICIENCY PROGRAMS [24 CFR 984.201(d)(3)] 7 2-II.F. ELIGIBILITY OF A COMBINED PROGRAM [24 CFR 984.201(e)] 8 PART III: PROGRAM OPERATION 9 2-III.A.OVERVIEW 9 2-III.B. PROGRAM IMPLEMENTATION DEADLINE 9 Voluntary Program [24 CFR 984.301(a)] 9 2-III.C.TIMETABLE FOR PROGRAM IMPLEMENTATION [24 CFR 984.201(d)(13)] 10 PART IV: DEFINITIONS 11 2-IV.A.DEFINITIONS [24 CFR 984.103] 11 C Copyright 2022 by Nan McKay&Associates Page TOC-2 Model FSS Action Nan 7/1/22 Unlimited copies may be made for internal use. CHAPTER 3 PROGRAM ADMINISTRATION PART I: STAFFING, FEES AND COSTS, AND ON-SITE FACILITIES 1 3-I.A. OVERVIEW 1 3-I.B.PROGRAM ADMINISTRATION STAFF AND CONTRACTORS [24 CFR 984.301(b)] 1 3-I.C. FSS PROGRAM COORDINATOR RESPONSIBILTIES 2 Primary Role of the FSS Program Coordinator 2 3-I.D. ADMINISTRATIVE FEES AND COSTS 3 Section 8 FSS Program 3 Public Housing FSS Program 3 3-I.E. SUPPORTIVE SERVICES FEES AND COSTS 4 Section 8 FSS Supportive Services 4 Public Housing FSS Supportive Services 4 3-I.F. USE OF FORFEITED ESCROW ACCOUNTS FUNDS 5 3-I.G. ON-SITE FACILITIES 6 PART II: PROGRAM COORDINATING COMMITTEE 7 3-II.A.OVERVIEW 7 3-II.B. PROGRAM COORDINATING COMMITTEE MEMBERSHIP 7 Required PCC Membership [24 CFR 984.202(b)(1)] 7 Assistance in Identifying Potential PCC Members [24 CFR 984.202(b)(1)] 7 Recommended PCC Membership [24 CFR 984.202(b)(2)] 8 3-II.C.ALTERNATIVE PCC COMMITTEE [24 CFR 984.202(c)] 8 EXHIBIT 3-1: CHART FOR DETERMINING PCC MEMBERSHIP 9 C Copyright 2022 by Nan McKay&Associates Page TOC-3 Model FSS Action Plan 7/1/22 Unlimited copies may be made for internal use. CHAPTER 4 SELECTING AND SERVING FSS FAMILIES PART I: INCENTIVES, OUTREACH, AND ASSURANCE OF NONINTERFERENCE 3 4-I.A. OVERVIEW 3 4-I.B. INCENTIVES FOR PARTICIPATION [24 984.201(d)(5)] 4 4-I.C. OUTREACH EFFORTS [24 CFR 984.201(d)(6)(i)(ii)] 5 4-I.D.ASSURANCE OF NONINTERFERENCE WITH THE RIGHTS OF NONPARTICIPATING FAMILIES [24 CFR 984.201(d)(10)] 6 PART II: FAMILY SELECTION 7 4-II.A.OVERIVEW 7 4-II.B. FSS SELECTION PREFERENCES 7 4-II.C. SELECTION FACTORS 8 Motivation Selection Factors [24 CFR 984.203(d)(1)] 8 Other Selection Factors 9 4-II.D. SELECTION OF HEAD OF HOUSEHOLD 10 PART III:ACTIVITIIES AND SUPPORT SERVICES 11 4-III.A.OVERVIEW 11 4-III.B.METHOD OF IDENTIFYING FAMILY SUPPORT NEEDS [24 CFR 984.201(d)(8)] 11 4-III.C.FSS ACTIVITIES AND SUPPORT SERVICES DESCRIPTION [24 CFR 984.201(d)(7)] 12 4-III.D. CERTIFICATION OF COORDINATION [24 CFR 984.201(D)(12)] 15 ©Copyright 2022 by Nan McKay&Associates Page TOC-4 Model FSS Action Plan 7/1/22 Unlimited copies may be made for internal use. CHAPTER 5 CONTRACT OF PARTICIPATION PART I: OVERVIEW AND FAMILY OBLIGATIONS 1 5-I.A. OVERVIEW 1 5-I.B. CONTENTS OF THE CONTRACT OF PARTICIPATION 2 Individual Training and Services Plan 2 5-I.C. FAMILY OBLIGATIONS 3 Compliance with Lease Terms [24 CFR 984.303(b)(3)] 3 Employment Obligation [24 CFR 984.303 (b)(4)] 4 5-I.D. CONSEQUENCES OF NONCOMPLIANCE WITH THE CONTRACT 5 PART II: CONTRACT SPECIFICATIONS 7 5-ILA.OVERIVEW 7 5-II.B.CONTRACT TERM [24 CFR 984.303(c)] 7 Contract Extension [24 CFR 984.303(d)] 7 5-II.C. MODIFICATION OF THE CONTRACT 8 5-II.D.COMPLETION OF THE CONTRACT 9 5-II.E. TRANSITIONAL SUPPORTIVE SERVICE ASSISTANCE 9 5-II.F. TERMINATION OF THE CONTRACT 10 Termination of the Contract with Escrow Distribution [24 CFR 984.303(k)] 10 Termination of the Contract without Escrow Distribution [24 CFR 984.303(h)] 10 5-II.G.OPTION TO WITHHOLD SUPPORTIVE SERVICE [24 CFR 984.303(b)(5)(i)] 12 5-II.H.PHA OBLIGATION TO MAKE GOOD FAITH EFFORT TO REPLACE UNAVAILABLE SUPPORT SERVICES [24 CFR 984.303(e)] 12 5-II.I. GRIEVANCE PROCEDURES 13 0 Copyright 2022 by Nan McKay&Associates Page TOC-5 Model FSS Action Plan 7/1/22 Unlimited copies may be made for internal use. CHAPTER 6 ESCROW ACCOUNT PART I: THE ESCROW ACCOUNT 1 6-I.A. OVERVIEW 1 6-I.B. CALCULATING THE FSS CREDIT AMOUNT 2 Determination of Baseline Annual Earned Income and Baseline Monthly Rent 2 Determination of the Escrow Credit 2 Determination of Escrow Credit for Families Who Are Not Low Income 2 Increases in FSS Family Income [24 CFR 984.304] 2 Cessation of FSS Credit [24 CFR 984.305(b)(4)] 2 6-I.C. DISBURSEMENT OF FSS ACCOUNT FUNDS 3 Disbursement Before Completion of Contract 3 Disbursement at Completion of Contract [24 CFR 984.305(c)(1) and 24 984.305(c)(2)(i)] 3 Disbursement at Contract Termination [24 CFR 984.305(c)(3)] 4 Verification of Family Certification at Disbursement 4 Succession to FSS Account [24 CFR 984.305(d)] 5 6-I.D. USE OF FSS ACCOUNT FUNDS FOR HOMEOWNERSHIP 6 6-I.E. USE OF FORFEITURE OF FSS ACCOUNT FUNDS 6 Treatment of Forfeited FSS Account Funds 6 PART II: ESCROW FUND ACCOUNTING AND REPORTING 7 6-II.A.OVERVIEW 7 6-II.B.ACCOUNTING FOR FSS ACCOUNT FUNDS 7 Crediting the Escrow Account [24 CFR 984.305(a)(2)(i)] 7 Proration of Investment Income [24 CFR 984.305(a)(2)(ii)] 7 Reduction of Amounts Due by FSS Family [24 CFR 984.305(a)(2)(iii)] 7 6-II.C.REPORTING ON THE FSS ACCOUNT 8 G Copyright 2022 by Nan McKay&Associates Page TOC-6 Model FSS Action Plan 7/1/22 Unlimited copies may be made for internal use. CHAPTER 7 PORTABILITY IN SECTION 8 FSS PROGRAMS PART I: PORTABILITY IN THE FSS PROGRAM 1 7-I.A. OVERVIEW 1 7-I.B. DEFINITIONS 2 7-I.C. RESIDENCY REQUIREMENTS 2 7-I.D. PORTABILITY REQUIREMENTS FOR FSS PARTICIPANTS 3 Receiving PHA Administers an FSS Program [24 CFR 984.306(b)] 3 Receiving PHA Does Not Administer an FSS Program [24 CFR 984.306(c)] 4 Single Contract of Participation 4 Termination of FSS contract and Forfeiture of Escrow Account [984.306(e)] 4 7-I.E.NEW FSS ENROLLMENT INTO RECEIVING PHA'S FSS PROGRAM 5 Administering and Billing of the Voucher 5 Absorption of the Voucher 5 PART II: REPORTING 7 7-II.A.OVERVIEW 7 7-II.B.CONTENTS OF THE FSS REPORT[24 CFR 984.401] 7 7-II.C.FAMILY SELF-SUFFICIENCY GRANT PROGRAM REVIEW PHA SELF-ASSESSMENT 7 C�Copyright 2022 by Nan McKay&Associates Page TOC-7 Model FSS Action Plan 7/1/22 Unlimited copies may be made for internal use. Chapter 1 THE FAMILY SELF-SUFFICIENCY PROGRAM AND THE FSS ACTION PLAN INTRODUCTION This chapter provides an overview of the family self-sufficiency (FSS)program and FSS action plan, including the purpose, organization, and required contents of the FSS action plan. Part I:The Family Self-Sufficiency(FSS)Program and FSS Action Plan: This part provides an overview of the family self-sufficiency program and the purpose of the FSS action plan. Part II:Requirements of the FSS Action Plan: This part covers action plan requirements, including development,revision, and contents of the action plan. It also contains information on family demographics, which is part of the required contents of the action plan. PART I:THE FAMILY SELF-SUFFICIENCY(FSS)PROGRAM AND FSS ACTION PLAN 1-LA.OVERVIEW OF THE FAMILY SELF-SUFFICIENCY PROGRAM The origins of the FSS program are in two pilot projects implemented in 1986 and 1990, Project Self-Sufficiency and Operation Bootstrap,respectively. These projects were set up to test self- sufficiency programs for families with housing subsidies, and both demonstrated that families needed essential services to move toward economic self-sufficiency. These services include child-care, transportation,medical care,and long-term education and training. In the wake of the successful demonstration of these projects, family self-sufficiency became one of the initiatives under the Homeownership and Housing Opportunities for People Everywhere (HOPE)program enacted in 1990,and the FSS program was subsequently created under the National Affordable Housing Act the same year. FSS built upon and refined both Project Self-Sufficiency and the Bootstrap program. It remained a voluntary program in 1991 and 1992 but became mandatory in 1993 for any new increments of funding issued to PHAs. The 1993 regulations were further modified by the Quality Housing and Work Responsibility Act of 1998 (QHWRA). In 2018,expansive changes were made to the FSS program by the Economic Growth,Regulatory Relief, and Consumer Protection Act known as "the Economic Growth Act"or"the Act." The purpose of the FSS program is to coordinate housing assistance with public and private resources to enable assisted families to achieve economic self-sufficiency. The purpose and basic requirements of the FSS program are further elaborated upon in Chapter 2. This family self-sufficiency program is administered by the City of Virginia Beach Department of Housing &Neighborhood Preservation for the jurisdiction of(Insert jurisdiction name: City of Virginia Beach,Virginia. ®Copyright 2022 by Nan McKay&Associates Page 1-1 Model FSS Action Plan 7/1/22 Unlimited copies may be made for internal use. 1-I.B. APPLICABLE REGULATIONS Applicable regulations for Section 8 and public housing FSS programs include: • 24 CFR Part 5: General Program Requirements • 24 CFR Part 8: Nondiscrimination • 24 CFR Part 902: Public Housing Assessment System • 24 CFR Part 903: Public Housing Agency Plans • 24 CFR Part 945: Designated Housing • 24 CFR Part 960: Public Housing Admission and Occupancy Policies • 24 CFR Part 965: PHA-Owned or Leased Projects—General Provisions • 24 CFR Part 966: Public Housing Lease and Grievance Procedures • 24 CFR Part 982: Section 8 Tenant-Based Assistance: Housing Choice Voucher Program • 24 CFR Part 984: Section 8 and Public Housing Family Self-Sufficiency Program 1-LC. THE FAMILY SELF-SUFFICIENCY ACTION PLAN The family self-sufficiency (FSS) action plan is required by HUD.The purpose of the FSS action plan is to establish policies for conducting the family self-sufficiency program in a manner consistent with HUD requirements and local goals and objectives contained in the PHA's Agency Plan. This FSS action plan is a supporting document to the PHA Agency Plan and is available for public review as required by 24 CFR Part 903. This family self-sufficiency action plan is set forth to define the PHA's local policies for operation of the program in the context of federal laws and regulations. All issues related to FSS not addressed in this document are governed by such federal regulations, HUD handbooks and guidebooks, notices, and other applicable laws. The policies in this FSS action plan have been designed to ensure compliance with the consolidated ACC and all HUD-approved applications for program funding. The PHA is responsible for complying with all changes in HUD regulations pertaining to the FSS program. If such changes conflict with this plan, HUD regulations will take precedence. Administration of the FSS program and the functions and responsibilities of PHA staff shall comply with the PHA's personnel policy and HUD's family self-sufficiency regulations, as well as all Section 8 and public housing regulations, in addition to federal,state,and local fair housing laws and regulations. U Copyright 2022 by Nan McKay&Associates Page 1-2 Model FSS Action Plan 7/1/22 Unlimited copies may be made for internal use. PART II: REQUIREMENTS OF THE FSS ACTION PLAN 1-ILA. OVERVIEW A PHA must have a HUD-approved action plan before implementing an FSS program, regardless of whether the FSS program is a mandatory or voluntary program. Further, this action plan must comply with the requirements specified for the plan in the regulations [24 CFR 984.201(a)]. The regulatory requirements dealing specifically with the FSS action plan itself largely involve the development,revision, and required contents of the action plan. This part covers those requirements. 1-H.B.HUD APPROACH TO POLICY DEVELOPMENT In developing policy for the FSS action plan, PHAs need to be aware of the distinction HUD makes between mandatory and discretionary policies. • Mandatory policies are those driven by legislation, regulations, current handbooks,notices, and legal opinions. • Discretionary policies consist of those developed for areas in which the PHA has regulatory discretion, or regarding optional, nonbinding guidance including guidebooks, notices that have expired, and recommendations from individual HUD staff. HUD expects PHAs to develop policies and procedures that are consistent with mandatory regulations and to make clear the optional policies the PHA has adopted.The PHA's FSS action plan is the foundation of those policies and procedures for the FSS program. HUD's directions require PHAs to make policy choices that provide guidance to staff and consistency to program applicants and participants. Following HUD guidance,even though it is not mandatory,provides a PHA with a"safe harbor." HUD has already determined that the recommendations and suggestions it makes are consistent with mandatory policies. If a PHA adopts an alternative strategy, it must make its own determination that the alternative approach is consistent with legislation, regulations, and other mandatory requirements. There may be very good reasons for adopting a policy or procedure that is different than HUD's safe harbor, but PHAs should carefully consider those decisions. ©Copyright 2022 by Nan McKay&Associates Page 1-3 Model FSS Action Plan 7/1/22 Unlimited copies may be made for internal use. 1-II.C. FSS ACTION PLAN DEVELOPMENT AND REVISION Development of Action Plan [24 CFR 984.201(b)and (c)] When developing an FSS action plan, a PHA must do so in consultation with the chief executive officer of the applicable unit of general local government and the program coordinating committee (PCC). For all voluntary or mandatory FSS programs, the PHA must submit its action plan and obtain HUD approval of the plan before it can implement the FSS program. This includes a voluntary program established because the PHA chose to implement an FSS program that exceeds the minimum size for a mandatory program (see Section 2-II.A.for a discussion of mandatory versus voluntary FSS programs). Single Action Plan [24 CFR 984.201(f)] PHAs implementing both a Section 8 FSS program and a public or Indian housing FSS program may submit one action plan. In cases where the PHA decides to submit one plan for more than one program, the policies contained in the action plan would apply to both programs. DHNP Policy DHNP is implementing a Section 8 FSS program, which includes tenant-based and project-based Section 8, Moderate Rehabilitation Single Room Occupancy, and Emergency Housing Vouchers(EHV). Revision to the FSS Action Plan [24 CFR 984.201(c)(2)] Following HUD's initial approval of the action plan, no further approval of the action plan is required unless the PHA proposes to make policy changes to the action plan, increase the size of a voluntary program, or revise the FSS action plan as needed to comply with changes in HUD regulations. The PHA must submit any changes to the action plan to HUD for approval. DHNP Policy DHNP will review and update the action plan at least once a year, and more often if needed,to reflect changes in regulations, DHNP operations, or when needed to ensure staff consistency in operation. ©Copyright 2022 by Nan McKay&Associates Page 1-4 Model FSS Action Plan 7/1/22 Unlimited copies may be made for internal use. 1-H.D.CONTENTS OF THE PLAN[24CFR 984.201(d)] HUD regulations state that there are several components that must be included in the FSS action plan. At a minimum, the action plan must cover the policies and procedures of the PHA for operation of a local FSS program as follows: • Family demographics, including a description of the number, size, characteristics, and other demographics such as racial and ethnic data,in addition to the supportive service needs of the families expected to participate in the program. (Chapter 1) • Estimate of participating families, which means the number of families which can reasonably be expected to receive supportive services under the FSS program. (Chapter 2) • Eligible families from any other local self-sufficiency program who are expected to agree to executing an FSS contract of participation. (Chapter 2) • A statement of the PHA's FSS family selection procedures,including a description of how the procedures ensure that families are selected without regard to race, color, religion, disability, sex, familial status,or national origin. (Chapter 4) • A description of the incentives that the PHA intends to offer to families to encourage participation in the FSS program (an incentives plan), including the establishment of the escrow account. (Chapter 4) • Outreach efforts,which include a description of the PHA's efforts to recruit eligible families, the actions the PHA will take to ensure that both minority and nonminority groups are informed about the FSS program, and how the PHA will make this information known. (Chapter 4) • A description of the FSS activities and supportive services to be provided by both public and private resources to FSS families, and identification of these public and private resources. (Chapter 4) • A description of the PHA's method for identifying family support needs,including how the PHA will identify the needs and deliver the services. (Chapter 4) • A description of the PHA's policies regarding program termination or withholding of services based on a family's failure to comply with the FSS contract, and available grievance procedures. (Chapter 5) • Assurances of noninterference with rights of non participating families which state that a family's election to not participate in the FSS program will not affect the family's admission to the Section 8 or public housing program, nor will it affect their right to occupancy in accordance with its lease. (Chapter 4) • A timetable for implementation of the FSS program, including the schedule for filling FSS slots with eligible FSS families. (Chapter 2) ©Copyright 2022 by Nan McKay&Associates Page 1-5 Model FSS Action Plan 7/1/22 Unlimited copies may be made for internal use. • A certification that development of the services and activities under the FSS program has been coordinated with programs under Title I of the Workforce Innovation and Opportunity Act,other relevant employment, childcare, transportation,training, education,and financial empowerment programs in the area, and will continue to be coordinated to avoid duplication of services and activities. Optional Additional Information [24 CFR 984.201(d)(13)I. • HUD encourages additional information in the action plan that would help to determine the soundness of the PHAs proposed FSS program. DHNP Policy DHNP will submit additional optional information in this action plan that will help HUD determine the soundness of the proposed FSS program. This information includes: Policies related to the modification of goals in the ITSP. (Chapter 5) Policies on the circumstances in which an extension of the contract of participation may be granted.(Chapter 5) Policies on the interim disbursement of escrow, including any limitations on the use of the funds.(Chapter 6) Policies regarding eligible uses of forfeited escrow funds by families in good standing.(Chapter 6) Policies regarding the re-enrollment of previous FSS participants, including graduates and those who exited the program without graduating.(Chapter 4) Policies on requirements for documentation for goal completion. (Chapter 4) Policies on documentation of the household's designation of the"head of FSS family." (Chapter 4) Policies for providing an FSS selection preference for porting families if the PHA elects to offer such a preference. (Chapter 7) ®Copyright 2022 by Nan McKay&Associates Page 1-6 Model FSS Action Plan 7/1/22 Unlimited copies may be made for internal use. 1-H.E. FAMILY DEMOGRAPHICS [24 CFR 984.201(d)(1)] As part of the required contents of the FSS action plan, family demographics of the Section 8 and public housing program participants serve to provide a description of the number, size, characteristics, and other descriptive data(including racial and ethnic data of those participants). These data may later be used to help the housing authority and the program coordinating committee (PCC)to identify supportive service needs of the families expected to participate in the FSS program. DHNP Policy Section 8 and Public Housing Total Percent Families of Total All Families 2400 100% Single HOH 934 38.91% Female HOH 1948 81.17% Male HOH 452 18.83% Race White 487 20.29 Black/African American 1879 78.29 American Indian/Alaska Native 12 .5% Asian 15 .63% Native Hawaiian/Other Pacific 7 .291% Islander Ethnicity Hispanic or Latino 125 5.21% Not Hispanic or Latino 2275 94.79 Income Extremely Low-Income 1337 55.7% Very Low-Income 727 30.29% Low-Income 336 14.01% HOH Income from Wages 969 40.38% Other Member Income from Wages 175 7.29% HOH Income from TANF 65 2.71% Other Member Income from TANF 5 .21% HOH Income from SSI 1109 46.21% Other Member Income from SSI 248 10.33% Number of Children 0 1003 41.79% 1-2 856 35.67% 3-4 490 20.42% 5 or more 51 2.13% ©Copyright 2022 by Nan McKay&Associates Page 1-7 Model FSS Action Plan 7/1/22 Unlimited copies may be made for internal use. Total Number of Family Members 1-2 1469 61.21% 3-4 664 27.67% 5 or more 267 11.13% Persons with Disabilities HOH Person wl Disabilities (HUD) 1022 42.58% Family Members w/Disabilities 256 10.66% ©Copyright 2022 by Nan McKay&Associates Page 1-8 Model FSS Action Plan 7/1t22 Unlimited copies may be made for internal use. Chapter 2 PURPOSE,SCOPE,AND APPLICABILITY OF THE FAMILY SELF-SUFFICIENCY PROGRAM INTRODUCTION This chapter contains information about the FSS program's purpose, size, and measurable objectives as well as information on program operation. This includes potential participant demographics, the program timetable, the number of families to be served, and the size of the PHA's voluntary FSS program. This chapter also contains definitions of the key terms in this FSS action plan. Part I: The Purpose and Basic Requirements of the FSS program: This part includes a description of the purpose of the FSS program on a national level—its intent, goal, and major strategies. Part II:The Scope of the FSS program: This part contains information about housing assistance programs eligible to participate in FSS, the size of the PHA's FSS program, an estimate of participating families, eligible families from other self-sufficiency programs, and eligibility for combined FSS programs. Part III:Program Operation: This part specifies the requirements for FSS program operation, including voluntary FSS program implementation. Part IV:The Definitions of Terms Used in the PHA's FSS program: This section contains both HUD and PHA definitions for terms used in this policy document. ©Copyright 2022 by Nan McKay&Associates Page 2-1 Model FSS Action Plan 7/1/22 Unlimited copies may be made for internal use. PART I:PURPOSE AND BASIC REQUIREMENTS OF THE FSS PROGRAM 2-LA.PURPOSE The purpose of the family self-sufficiency (FSS)program is to promote the development of local strategies to coordinate the use of Section 8 and public housing assistance programs with public and private resources enabling families eligible to receive assistance under these programs to achieve economic independence and self-sufficiency [984.101(a)(1)]. In addition to this broader national goal of the FSS program, the PHA also establishes a local goal consistent with the PHA's mission statement to serve as a guide for establishing policy and implementing the FSS program. DHNP Policy DHNP's local goal in operating this FSS program is to match housing-assisted families with a broad range of highly collaborative existing community services to assist FSS families in achieving economic self-sufficiency. Economic self-sufficiency is defined as having the sustainable skills necessary to maintain employment paying a"living wage." This wage would pay for the family's basic needs without the use of government subsidies. 2-I.B. PROGRAM OBJECTIVES [24 CFR 984.102] In order to reach the FSS national program goal, HUD has defined its FSS program objective as to reduce the dependency of low-income families on welfare assistance and on housing subsidies. Under the FSS program, low-income families are provided opportunities for education,job training,counseling, and other forms of social service assistance while living in assisted housing so that they may obtain the education, employment, business and social skills necessary to achieve self-sufficiency. As with the goals of the program, FSS program objectives are defined on the national level through FSS regulation, and on the local level by PHA policy. DHNP Policy On the local level, DHNP will achieve the national program objective by offering low- income families a broad range of services through partnering with the program coordinating committee(PCC). These services will provide long-term education,job training, counseling, and other forms of social service assistance so that families may achieve economic self-sufficiency, as defined in Section 2-I.A. of this document. 2-I.C. BASIC REQUIREMENTS OF THE FSS PROGRAM[24 CFR 984.104] An FSS program established under 24 CFR Part 984 must operate in conformity with the regulations and this FSS action plan (as required in 24 CFR 984.201, provide comprehensive supportive services as defined in 24 CFR 984.103, and operate in compliance with nondiscrimination and equal opportunity requirements. ®Copyright 2022 by Nan McKay&Associates Page 2-2 Model FSS Action Plan 7/1/22 Unlimited copies may be made for internal use. PART II: SCOPE OF THE FSS PROGRAM 2-H.A.HOUSING-ASSISTED FAMILIES ELIGIBLE TO PARTICIPATE IN FSS The Section 8 and public housing programs through which families are eligible to participate in the FSS program was expanded by the 2018 Economic Growth Act to allow participants in HCV Homeownership, Moderate Rehabilitation, Moderate Rehabilitation Single Room Occupancy, and Family Unification Program (FUP), including the Foster Youth to Independence(FYI) Initiative. 2-II.B. PHAs REQUIRED TO OPERATE AN FSS PROGRAM Each PHA that received funding for public housing units under the FY 1991 and FY 1992 FSS incentive award competitions must operate a public housing FSS program. Each PHA that received funding for Section 8 rental certificates or vouchers under the combined FY 1991/1992 FSS incentive award competition also must operate a Section 8 FSS program. In addition,unless the PHA receives an exemption under 24 CFR 984.105,each PHA for which HUD reserved funding(budget authority)for additional rental certificates or vouchers in FY 1993 through October 20, 1998,must operate a Section 8 FSS program. Each PHA for which HUD reserved funding(budget authority)to acquire or construct additional public housing units in FY 1993 through October 20, 1998,must operate a public housing FSS program as well. Every PHA that was required to administer an FSS program on May 24, 2018 (the enactment date of the Economic Growth,Regulatory Relief, and Consumer Protection Act)must continue to operate that FSS program for the total number of families determined by HUD on that date unless the PHA receives an exception as described in 24 CFR 984.105(d). Mandatory Minimum Program Size (MMPS) [24 CFR 984.105] PHAs that are required to operate an FSS program under 24 CFR 984.101 are subject to a minimum program size requirement. DHNP Minimum Program Size At this time DHNP is not required by HUD to operate and maintain an FSS program. Maintaining Mandatory Minimum Program Size Although the discretion to do so ultimately rests with the PHA,mandatory minimum program size can decrease as FSS participants successfully complete the program. Per the regulation, for each family that completes the program by fulfilling its FSS contract of participation on or after May 24,2018,the mandatory minimum program size fora PHA's FSS program is reduced by one slot.However,if an FSS slot is vacated by a family that has not completed its FSS contract of participation obligations, the slot must be filled by a replacement family which has been selected in accordance with the FSS family selection procedures [24 CFR 984.105(b)(2)]. C Copyright 2022 by Nan McKay&Associates Page 2-3 Model FSS Action Plan 7/1/22 Unlimited copies may be made for internal use. Option to Operate Larger FSS Program A PHA may choose to operate an FSS program of a larger size than the minimum required by HUD [24 CFR 984.105(a)(3)]. Exception to Program Operation [24 CFR 984.105(c)] The requirement to establish and carry out an FSS program may be waived with approval from HUD.In order to waive the requirement, the PHA must provide a certification to HUD that the establishment and operation of an FSS program is not feasible because of a lack of accessible supportive services funding,a lack of the availability of programs under the Workforce Innovation and Opportunity Act,a lack of funding for reasonable administrative costs, a lack of cooperation by other units of state or local government, or a lack of interest in participating in the FSS program on the part of eligible families. An exception will not be granted if HUD determines that local circumstances do not preclude the PHA from effectively operating an FSS program that is smaller than the minimum program size. Reduction in Program Size Rather than a full exception to program operation, a PHA may also be permitted to operate an FSS program that is smaller than the minimum program size. As with the full exception, HUD may grant the PHA such a partial exception if the PHA provides to HUD a certification that the operation of an FSS program of the minimum program size is not feasible because of a decrease in or lack of accessible supportive services [24 CFR 984.105(d)]. Expiration of Exception The approval for a full or partial exception to the FSS minimum program size requirement expires five years from the date of HUD approval of the exception. If a PHA seeks to continue an exception after its expiration, the PHA must submit a new request and a new certification to HUD for consideration [24 CFR 984.105(e)]. ©Copyright 2022 by Nan McKay&Associates Page 2-4 Model FSS Action Plan 7/1/22 Unlimited copies may be made for internal use. 2-II.C. COOPERATIVE AGREEMENTS [24 CFR 984.106] A PHA may enter into a Cooperative Agreement with one or more multifamily-assisted housing owners to voluntarily make the PHA's FSS program available to the owner's housing tenants. The Cooperative Agreement must include all the requirements for such agreements found in 24 CFR 984,106 and 24 CFR 887.107. DHNP Policy DHNP will not enter into an agreement with multifamily-assisted housing owners. 2-II.D. ESTIMATE OF PARTICIPATING FAMILIES [24 CFR 984.201(d)(2)] The PHA must state the number of eligible FSS families who can reasonably be expected to receive supportive services under the FSS program based on available and anticipated federal, tribal, state,local, and private resources. DHNP Policy DHNP will serve at least 25 but not more than 50 eligible FSS families to receive supportive services under the FSS program, based on available and anticipated federal, tribal, state,local, and private resources. 2-I1.E. ELIGIBLE FAMILIES FROM OTHER SELF-SUFFICIENCY PROGRAMS [24 CFR 984.201(d)(3)] If applicable, the PHA must enter the number of families, by program type,who are participating in any other local housing self-sufficiency program who are expected to agree to execute an FSS contract of participation. DHNP Policy DHNP does not operate other self-sufficiency programs and therefore no additional families from other programs are expected to execute an FSS contract of participation. 4 Copyright 2022 by Nan McKay&Associates Page 2-5 Model FSS Action Plan 7/1/22 Unlimited copies may be made for internal use. 2-II.F. ELIGIBILITY OF A COMBINED PROGRAM [24 CFR 984.201(e)] A PHA that wishes to operate a joint FSS program with other PHAs or owners of multifamily- assisted housing may combine its resources with one or more of these entities to deliver supportive services under a joint action plan that will provide for the establishment and operation of a combined FSS program that meets the requirements of this part. DHNP Policy DHNP will not combine its resources with any other PHA to deliver support services, have a joint action plan, or establish or operate a combined FSS Program. ©Copyright 2022 by Nan McKay&Associates Page 2-6 Model FSS Action Plan 7/1/22 Unlimited copies may be made for internal use. PART III: PROGRAM OPERATION 2-III.A. OVERVIEW Federal regulations specify requirements for FSS program operation regarding deadlines for program start-up and when the PHA is expected to have attained full enrollment. A timetable illustrating when the PHA intends to meet these deadlines is included as part of the required contents of the action plan. 2-III.B. PROGRAM IMPLEMENTATION DEADLINE The deadlines for program implementation differ depending on whether the FSS program is voluntary or mandatory. Voluntary Program [24 CFR 984.301(a)] There is no deadline for implementation of a voluntary program. However, a voluntary program may not be implemented before the requirements specified in 24 CFR 984.201 have been satisfied (see Sections 1-II.A.-1-II.D.). ©Copyright 2022 by Nan McKay&Associates Page 2-7 Model FSS Action Plan 7/1/22 Unlimited copies may be made for internal use. 2-III.C. TIMETABLE FOR PROGRAM IMPLEMENTATION [24 CFR 984.201(d)(13)] A timetable for implementation of the FSS program is part of the required contents of the FSS action plan. DHNP Policy DHNP already operates an approved FSS program. This action plan is an update due to the Final Notice requirements by HUD. ©Copyright 2022 by Nan McKay&Associates Page 2-8 Model FSS Action Plan 7/1/22 Unlimited copies may be made for internal use. PART IV: DEFINITIONS 2-1V.A. DEFINITIONS [24 CFR 984.103] The terms 1937 Act,fair market rent, HUD, low-income family, public housing,public housing agency(PHA), secretary, and Section 8, as used in this document are defined in the 24 CFR Part 5. The term very low-income family is defined in 24 CFR 813.102 and 24 CFR 913.102. The terms used in this document have the following definitions as defined by 24 CFR 984.103 and this family self-sufficiency action plan. Baseline annual earned income means the FSS family's total annual earned income from wages and business income (if any) as of the effective date of the FSS contract.When calculating baseline annual earned income, all applicable exclusions of income must be applied, except for any disregarded earned income or other adjustments associated with self-sufficiency incentives that may apply to the determination of annual income. Baseline monthly rent means 1) the FSS family's total tenant payment (TTP), as of the effective date of the FSS contract, for families paying an income-based rent as of the effective date of the FSS contract; or 2)the amount of the flat or ceiling rent(which includes the applicable utility allowance), and including any hardship discounts, as of the effective date of the FSS contract. For families paying a flat or ceiling rent this is as of the effective date of the FSS contract. DHNP Policy Benefits means a government benefit of money or monetary value given to an individual by a federal, state,or local government agency for purposes of financial assistance, including but not limited to,Social Security, Temporary Assistance for Needy Families, and unemployment compensation benefits. DHNP Policy Benefits cliff means the sudden and often unexpected decrease in public benefits that can occur with a small increase in earnings. When income increases, families sometimes lose some or all economic supports. DHNP Policy Certain interim goals means the family has met all its obligations under the CoP to date, including completion of the ITSP interim goals and tasks to date. Certification means a written assertion based on supporting evidence, provided by the FSS family or the PHA or owner, which must be maintained by the PHA or owner in the case of the family's certification, or by HUD in the case of the PHA's or owner's certification. These must be made available for inspection by HUD,the PHA or owner, and the public, when appropriate. In addition,these will be considered accurate unless the Secretary or the PHA or owner, as applicable, determines otherwise after inspecting the evidence and providing due notice and opportunity for comment. 0 Copyright 2022 by Nan McKay&Associates Page 2-9 Model FSS Action Plan 7/1/22 Unlimited copies may be made for internal use. Chief executive officer (CEO)means the CEO of a unit of general local government who is the elected official or the legally designated official having primary responsibility for the conduct of that entity's governmental affairs. Contract of participation (CoP)means a contract in a form approved by HUD,entered into between a participating FSS family and a PHA operating an FSS program that sets forth the terms and conditions governing participation in the FSS program. The contract of participation includes all individual training and services plans entered in between the PHA and all members of the family who will participate in the FSS program, and which plans are attached to the contract of participation as exhibits. For additional detail, see 24 CFR 984.303. Current annual earned income means the FSS family's total annual earned income from wages and business income (if any)as of the most recent reexamination of income, which occurs after the effective date of the FSS contract. When calculating current annual earned income, all applicable exclusions of income will apply, including any disregarded earned income and other adjustments associated with self-sufficiency incentives or other alternative rent structures that may be applicable to the determination of annual income. Current monthly rent means either the FSS family's TIP as of the most recent reexamination of income, which occurs after the effective date of the FSS contract, for families paying an income- based rent as of the most recent reexamination of income; or the amount of the flat rent, including applicable utility allowance or ceiling rent. This amount must include any hardship discounts,as of the most recent reexamination of income, which occurs after the effective date of the FSS contract, for families paying a flat rent or ceiling rent as of the most recent reexamination of income. Earned income means income or earnings included in annual income from wages, tips, salaries, other employee compensation, and self-employment. Earned income does not include any pension or annuity, transfer payments, any cash or in-kind benefits,or funds deposited in or accrued interest on the FSS escrow account established by a PHA on behalf of a participating family. Effective date of contract of participation means the first day of the month following the month in which the FSS family and the PHA entered into the contract of participation. Eligible families for the FSS program means current participants in Section 8, residents of public housing, or residents in multifamily-assisted housing if a Cooperative Agreement exists. DHNP Policy Enhance the effectiveness of the FSS program means a demonstrable improvement in the quality of an FSS program in which the enrollment ratio, escrow balance average, and graduation rate is at or above the national average as measured in HUD's Composite Scores in FR Notice 11/15/18. Enrollment means the date that the FSS family entered the contract of participation with the PHA. U Copyright 2022 by Nan McKay&Associates Page 2-10 Model FSS Action Plan 7/1/22 Unlimited copies may be made for internal use. Family self-sufficiency program or FSS program means the program established by a PHA within its jurisdiction to promote self-sufficiency among participating families, including the provision of supportive services to these families, as authorized by section 23 of the 1937 Act. FSS escrow account means the FSS escrow account authorized by section 23 of the 1937 Act. FSS escrow credit means the amount credited by the PHA to the participating family's FSS account. FSS famib,means a family that receives Section 8 assistance or resides in public housing (section 9),that elects to participate in the FSS program, and whose designated adult member(head of FSS family) has signed the CoP. FSS fami4, in good standing means an FSS family that is in compliance with their FSS CoP,has either satisfied or are current on any debts owed the PHA or owner, and is in compliance with the regulations in 24 CFR Part 5 regarding participation in the relevant rental assistance program. FSS-related service program means any program, publicly or privately sponsored,that offers the kinds of supportive services described in the definition of supportive services. FSS slots refer to the total number of public housing units or the total number of rental vouchers that comprise the minimum size of a PHA's respective Section 8 and public housing FSS program. FSS Program Coordinator means the person(s) who runs the FSS program. This may include (but is not limited to)performing outreach,recruitment, and retention of FSS participants; goal setting and case management/coaching of FSS participants; collaborating with the community and service partners; and tracking program performance. FY means federal fiscal year(starting with October 1, and ending September 30,and designated by the calendar year in which it ends). Head of FSS family means the designated adult family member of the FSS family who has signed the CoP.The head of FSS family may, but is not required to be,the head of the household for purposes of determining income eligibility and rent. Individual Training and Services Plan (ITSP) means a written plan that is prepared by the PHA or owner in consultation with a participating FSS family member(the person with for and whom the ITSP is being developed),and which describes the final and interim goals for the participating FSS family member, the supportive services to be provided to the participating FSS family member, the activities to be completed by that family member, and the agreed upon completion dates for the goals, and activities. Each ITSP must be signed by the PHA or owner and the participating FSS family member and is attached to and incorporated as part of the CoP. An ITSP must be prepared for each adult family member who elects to participate in the FSS program, including the head of FSS family who has signed the CoP. J ®Copyright 2022 by Nan McKay&Associates Page 2-11 Model FSS Action Plan 7/1/22 Unlimited copies may be made for internal use. DHNP Policy Knowledgeable professional means a person who is knowledgeable about the situation, has training, education,certification, or licensure provided by recognized professional associations and institutions that legitimizes their professional opinion, is competent to render a professional opinion, and is not able to gain, monetarily or otherwise,from the PHA FSS program decision in the area to which they are certifying. Multifamily-assisted housing, also known as project-based rental assistance (PBRA), means rental housing assisted by a Section 8 Housing Payments Program, pursuant to 24 CFR Parts 880, 881, 883, 884, and 886. DHNP Policy Other costs related to achieving obligations in the contract of partiopation means any costs necessary to complete an interim goal, a final goal, or tasks related to such in the ITSP. Owner means the owner of multifamily-assisted housing. Participating family is defined as FSS family in this section. Program coordinating committee (FCC) means the committee described in 24 CFR 984.202. Public housing means housing assisted under the 1937 Act,excluding housing assisted under Section 8 of the 1937 Act. Section 8 means assistance provided under Section 8 of the 1937 Act(42 U.S.C. 1437f). Specifically, multifamily-assisted housing, as defined in this section; tenant-based and project- based rental assistance under section 8(o)of the 1937 Act;the HCV homeownership option under section 8(y)of the 1937 Act;Family Unification Program (FUP) assistance under section 8(x) of the 1937 Act;and the Section 8 Moderate Rehabilitation (Mod Rehab) for low-income families and Moderate Rehabilitation Single Room Occupancy (Mod Rehab SRO)for homeless individuals under 24 CFR part 882. Self-sufficiency means that an FSS family is no longer receiving Section 8,public housing assistance, or any federal, state,or local rent or homeownership subsidies or welfare assistance. Achievement of self-sufficiency, although an FSS program objective, is not a condition for receipt of the FSS account funds. DHNP Policy Supports means, but is not limited to,transportation, childcare, training, testing fees, employment preparation costs, other costs related to achieving obligations outlined in the CoP, and training for FSS Program Coordinator. 0 Copyright 2022 by Nan McKay&Associates Page 2-12 Model FSS Action Plan 7/1/22 Unlimited copies may be made for internal use. Supportive services mean those appropriate services that a PHA will coordinate on behalf of an FSS family under a CoP. These may include child care of a type that provides sufficient hours of operation and serves an appropriate range of ages; transportation necessary to enable a participating family to receive available services or to commute to their places of employment; remedial education;education for completion of secondary or post-secondary schooling; job training, preparation, and counseling; job development and placement; follow-up assistance after job placement and completion of the contract of participation; substance/alcohol abuse treatment and counseling; training in homemaking and parenting skills; and personal welfare services that include substance/alcohol abuse treatment and counseling, and health, dental,mental health and health insurance services; household management; money management; counseling regarding homeownership or opportunities available for affordable rental and homeownership in the private housing market (including information on an individual's rights under the Fair Housing Act)and financial empowerment that may include financial literacy, coaching, asset building, money management; and any other services and resources, including case management and reasonable accommodations for individuals with disabilities, that the PHA may determine to be appropriate in assisting FSS families to achieve economic independence and self-sufficiency. Unit size or size of unit refers to the number of bedrooms in a dwelling unit. Very low-income family is defined as set out in 24 CFR 813.102 Welfare assistance means (for purposes of the FSS program only) income assistance from federal or state welfare programs and includes only cash maintenance payments designed to meet a family's ongoing basic needs.Welfare assistance does not include nonrecurrent, short-term benefits that are designed to deal with a specific crisis situation or episode of need,or are not intended to meet recurrent or ongoing needs and will not extend beyond four months;work subsidies (i.e., payments to employers or third parties to help cover the costs of employee wages, benefits, supervision, and training); supportive services such as child care and transportation provided to families who are employed; refundable earned income tax credits; contributions to, and distributions from, individual development accounts under TANF; services such as counseling, case management, peer support, child care information and referral, transitional services, job retention,job advancement and other employment-related services that do not provide basic income support;transportation benefits provided under a Job Access or Reverse Commute project, pursuant to section 404(k)of the Social Security Act, to an individual who is not otherwise receiving assistance; amounts solely directed to meeting housing expenses; amounts for health care; food stamps and emergency rental and utilities assistance; and SSI, SSDI,or social security. ©Copyright 2022 by Nan McKay&Associates Page 2-13 Model FSS Action Plan 7/1/22 Unlimited copies may be made for internal use. Chapter 3 PROGRAM ADMINISTRATION INTRODUCTION This chapter discusses administrative policies and practices as they are relevant to the activities covered in this plan. The policies and practices are discussed in two parts: Part I: Staffing,Fees and Costs,and On-Site Facilities: This part describes identifying appropriate staff and contractors to operate the FSS program and provide the necessary direct services to FSS families. In addition,it describes how administrative fees, costs, and supportive services will be funded,and defines the use of on-site facilities. Part II:The Program Coordinating Committee: This part covers the establishment of a program coordinating committee (PCC), which is a regulatory requirement in all FSS programs other than multifamily housing assistance. It describes required and recommended PCC membership, in addition to the option for an alternative committee. PART I: STAFFING,FEES AND COSTS,AND ON-SITE FACILITIES 3-I.A. OVERVIEW Several functions of program administration are crucial to running an FSS program. A PHA may need to employ a program coordinator or decide to contract with another organization to administer the program. In addition to staffing issues, PHAs should understand how program funding and expenses work to keep the program running smoothly. Finally, PHAs need to sort out whether and how to make common areas or unoccupied units available to provide supportive services. 3-I.B. PROGRAM ADMINISTRATION STAFF AND CONTRACTORS 124 CFR 984.301(b)] PHAs have the choice between hiring their own staff and contracting with an outside organization to administer their FSS program. If the PHA should choose to employ its own staff, the staffing levels should be appropriate, and may include one or more FSS coordinators. If the PHA chooses to contract with an outside organization, the organization's staffing levels must likewise be appropriate to establish and administer the FSS program, and whether the organization's responsibilities would include managing the FSS account in accordance with federal regulations. DHNP Policy DHNP will employ appropriate staff,including one or more FSS coordinators or program coordinators to administer its FSS program. ©Copyright 2022 by Nan McKay&Associates Page 3-1 Model FSS Action Plan 7/1/22 Unlimited copies may be made for internal use. 3-I.C. FSS PROGRAM COORDINATOR RESPONSIBILTIES Primary Role of the FSS Program Coordinator The FSS Program Coordinator is responsible for building partnerships with service providers in the community, working with the Program Coordinating Committee (PCC) and local service providers to ensure that FSS program participants are linked to the supportive services they need to achieve self-sufficiency, preparing an Individual Training and Services Plan (ITSP) for the head of the FSS family and each adult member of the FSS family who elects to participate in the FSS program, making certain that the services included in the participants' CoP are provided on a regular, ongoing, and satisfactory basis, ensuring FSS participants are fulfilling their responsibilities under the CoPs, monitoring progress of participants, and establishing and properly maintaining FSS escrow accounts for eligible families. FSS coordinators may also provide outreach,recruitment, goal setting, case management and coaching for FSS participants, and tracking of FSS program performance. FSS Program Coordinators funded under the FSS Coordinator Notice of Funding Opportunity (NOFO)may not perform the routine public housing or Section 8 program functions of housing eligibility, leasing, rent calculation, and portability that are funded through Section 8 administrative fees or public housing operating funds unless doing so would enhance the effectiveness of the program. If conducting these functions would enhance the effectiveness of the FSS program, the PHA must seek prior approval from HUD of those enhancements to the FSS program and certify that doing so will neither interfere with the FSS Coordinator's ability to fulfill their primary role nor be used to balance or fill in for gaps in traditional staffing. Performance of routine Section 8 or public housing functions for non-FSS families does not enhance the effectiveness of the FSS program and is therefore an ineligible use of FSS funds [2021 FSS NOFO,p. 36]. DHNP Policy DHNP will not require the FSS Program Coordinator to perform the routine Section 8 housing eligibility, leasing, rent calculation, and portability that are funded through Section 8 administrative fees. The FSS Program Coordinator will perform Section 8 duties as it pertains to FSS participants only. Copyright 2022 by Nan McKay&Associates Page 3-2 Model FSS Action Plan 7/1/22 Unlimited copies may be made for internal use. 3-I.D.ADMINISTRATIVE FEES AND COSTS The Consolidated Appropriations Act of 2014 combined funding streams for the Section 8 and public housing FSS programs. FSS funding is now awarded through one NOFO.Use of this funding is no longer restricted to the applicable program and funding now may be used to serve both Section 8 and public housing FSS participants. Funding for FSS Coordinators salary, benefits, and training as well as limited administrative costs is awarded through a Grant Agreement and disbursed through HUD's Line of Credit Control System(LOCCS), rather than as an amendment to the PHA's Annual Contributions Contract(ACC). These funds are separate from other available funds that may be used. Section 8 FSS Program In the Section 8 programs, administrative fees are paid to PHAs for HUD-approved costs associated with the operation of an FSS program. These administrative fees are established by Congress and subject to appropriations [24 CFR 984.302(b)]. In addition,administrative fees for HUD-approved costs not specifically related to the operation of the FSS program may be used to cover these costs associated with the administration of FSS [see Notice PIH 93-24 E-7 and E-8]. See 24 CFR 982.152 and PIH 2022-18 for details on the eligible use of administrative fees. Public Housing FSS Program For public housing FSS programs, the performance funding system(PFS),provided under section 9(a) of the 1937 Act,provides for the reasonable and eligible administrative costs that the PHA incurs in carrying out the program only when funds have been appropriated. However, a PHA may use other resources for this purpose [24 CFR 984.302(a)]. In other words,the PHA may fund reasonable and eligible administrative costs in the FSS program from the Operating Fund. However,these expenses will only be reimbursed in the operating subsidy when a current appropriations act allows it. In addition,the PHA may fund reasonable and eligible administrative costs from the Capital Fund.Administrative staffing costs may also be funded through HUD or other grant or foundation sources. This includes FSS Coordinator grants when available. DHNP Policy DHNP does not have any public housing. ©Copyright 2022 by Nan McKay&Associates Page 3-3 Model FSS Action Plan 7/1/22 Unlimited copies may be made for internal use. 3-I.E. SUPPORTIVE SERVICES FEES AND COSTS Section 8 FSS Supportive Services In the Section 8 program, the PHA may fund reasonable and eligible FSS supportive service costs in the FSS program from unrestricted net position [see Notice PIH 93-24, E-3]. The PHA may seek additional funds from HUD through submitting grant applications or seek grants from other sources when available. In addition to unrestricted net position and other grant sources, the FSS forfeited escrow account can fund FSS supportive services. See Section 6-I.E.for eligible supportive services costs. Public Housing FSS Supportive Services In public housing, the PHA may fund reasonable and eligible FSS supportive service costs in the FSS program from the Operating Fund.However,the costs of FSS supportive services are only reimbursed through the operating subsidy when appropriations allow it. FSS public housing supportive services can also be funded through other HUD grants or related government and foundation grants,when available. DHNP Policy DHNP will not provide funding for supportive services. ©Copyright 2022 by Nan McKay&Associates Page 3-4 Model FSS Action Plan 7/1/22 Unlimited copies may be made for internal use. 3-I.F. USE OF FORFEITED ESCROW ACCOUNTS FUNDS In addition to Section 8 unrestricted net assets, public housing operating funds,and other grant sources, the FSS forfeited escrow account funds must be used for the benefit of FSS participants, which includes supports and other costs for FSS participants in good standing. HUD does not provide an exhaustive list of these supports. However,the supports include, but are not limited to,transportation, childcare, training, testing fees,employment preparation costs, and other costs related to achieving obligations outlined in the contract of participation as well as training for FSS Program Coordinators. DHNP Policy DHNP will use forfeited escrow accounts for support and other costs for FSS participants in good standing when funds requested are needed to complete an interim goal or task in the ITSP and are not ongoing expenses or if the family can demonstrate that the need for one-time payment of otherwise ongoing expenses such as rent,utilities, telephone, cell phone, pager, car payments, car maintenance, insurance, or childcare is needed to complete an interim goal, a final goal, or a task related to such goals in the ITSP. DHNP will use forfeited escrow accounts for training provided to FSS Coordinators. DHNP will define supports as defined in 24 CFR 984.305(f)(2)(i)(A) as transportation, childcare, training, testing fees, employment preparation costs, other costs related to achieving obligations outlined in the CoP,and training for FSS Program Coordinator(s) DHNP will define other costs related to achieving obligations in the CoP as any costs necessary to complete an interim goal, a final goal, or tasks related to such in the ITSP as defined in 24 CFR 984.305(f)(2)(i)(A) as transportation, childcare, training, testing fees, employment preparation costs, other costs related to achieving obligations outlined in the CoP, and training for FSS Program Coordinator(s). DHNP will define necessary to complete as meaning that no other resources are available in the community either because such a resource is non-existent or that resources are utilized above capacity and agencies cannot,for an indetermined period, provide such a resource. DHNP will provide funds from the forfeited escrow account to FSS participants in good standing before requiring the participant to use an "interim" disbursement from their current escrow account so long as: The funds requested are needed to complete an interim goal or task within the CoP and are not ongoing expenses; or If the family has demonstrated that the need for one-time payment of otherwise ongoing expenses such as rent,utilities, telephone, cell phone,pager, car payments, car maintenance, insurance, or childcare is needed to complete an interim goal, a final goal, or a task related to such goals. ©Copyright 2022 by Nan McKay&Associates Page 3-5 Model FSS Action Plan 7/1/22 Unlimited copies may be made for internal use. DHNP will prioritize requests for funds from forfeited escrow accounts initially on a first come first served basis based on the date and time of the request. After that order is established, while still preserving the first come first served basis, the PHA will apply the following priorities: Priority 1: Funds to meet a goal in the ITSP that is necessary to ensure the safety and wellbeing of victims of domestic violence, dating violence, sexual assault, and stalking as defined in the PHA's Section 8 Administrative Plan and public housing Admissions and Continued Occupancy Policy regarding VAWA. Priority 2: Funds to meet a goal in the ITSP that is necessary to stabilize health, safety,and welfare of the FSS participant or family that if left unattended would jeopardize education,training, or employment. Priority 3:Funds to meet a goal in the ITSP that is necessary to further education, training, and employment goals in the ITSP including childcare, transportation, and medical costs if the lack of any of these prevents completion of the education, training, and employment. Priority 4: Funds to meet a goal in the ITSP that is necessary to further any other goal or tasks. 3-I.G. ON-SITE FACILITIES Each PHA may, subject to the approval of HUD,make available and utilize common areas or unoccupied dwelling units in public housing projects to provide supportive services under an FSS program. This includes using such areas for participants in a Section 8 FSS program. DHNP Policy' DHNP,as a unit of local government does not have at its disposal, common areas, nor does it have access to unoccupied dwelling areas. ©Copyright 2022 by Nan McKay&Associates Page 3-6 Model FSS Action Plan 7/l/22 Unlimited copies may be made for internal use. PART H: PROGRAM COORDINATING COMMITTEE 3-II.A. OVERVIEW As another integral part of FSS program administration, each participating PHA must establish a program coordinating committee (PCC)whose functions will be to assist the PHA in securing commitments of public and private resources for the operation of the FSS program within the PHA's jurisdiction, including assistance in developing the action plan and in implementing the program [24 CFR 984.202(a)]. The PCC must consist of specific members, which are dependent upon whether the PHA is operating Section 8, public housing, or multifamily assisted housing FSS programs. In addition to these required members, the PCC may also include additional members recommended by regulation. 3-II.B. PROGRAM COORDINATING COMMITTEE MEMBERSHIP Required PCC Membership [24 CFR 984.202(b)(1)] The PCC required members consist of representatives of the PHA,including at least one FSS Program Coordinator,and one or more participants from each HUD rental assistance program (Section 8,public housing, or multifamily assisted housing) served by the PHA's FSS program. DHNP Policy DHNP's representatives to the program coordinating committee will be the Rental Housing Administrator, one FSS Program Coordinator and one FSS participant. Assistance in Identifying Potential PCC Members [24 CFR 984.202(b)(1)] The PHA may seek assistance from area-wide, city-wide, or development-based resident councils, the resident management corporation, or the Resident Advisory Board,in identifying potential PCC members. DHNP Policy DHNP will seek assistance in identifying potential members of the PCC from area and city-wide public and private entities with experience in the supportive services areas as set forth in this action plan. ©Copyright 2022 by Nan McKay&Associates Page 3-7 Model FSS Action Plan 7/1/22 Unlimited copies may be made for internal use. Recommended PCC Membership [24 CFR 984.202(b)(2)j Membership on the PCC also may include representatives of the unit of general local government served by the PHA,local agencies (if any) responsible for carrying out employment training programs or programs funded under the Workforce Innovation and Investment Act, and other organizations, such as other state,local, or tribal welfare and employment agencies, public and private education or training institutions, child care providers,nonprofit service providers, private business, and any other public and private service providers with resources to assist the FSS program. DHNP Policy DHNP's FSS program coordinating committee membership will include leadership from the following organizations: • Hampton Roads Workforce Council • Urban League of Hampton Roads • NSU at the Virginia Beach Higher Education Center • Virginia Beach Department of Human Services • Virginia Beach Department of Parks &Recreation 3-II.C.ALTERNATIVE PCC COMMITTEE [24 CFR 984.202(c)] It is also possible for the PHA,in consultation with the chief executive officer of the unit of general local government served by the PHA,to use an existing entity as the PCC,if the membership of the existing entity consists or will consist of the individuals required by regulation (See section 3-II.B.above). DHNP Policy DHNP will not utilize an existing entity as its program coordinating committee. ©Copyright 2022 by Nan McKay&Associates Page 3-8 Model FSS Action Plan 7/1/22 Unlimited copies may be made for internal use. Chapter 4 SELECTING AND SERVING FSS FAMILIES INTRODUCTION FSS regulations require that the PHA include in its action plan a statement indicating how it will select families for participation in the FSS program. This includes outreach, waiting list management, and other selection procedures.When followed,the PHA's selection procedures ensure that families will be selected without regard to race, color, religion, sex,handicap, familial status,or national origin. Once selected for participation in the FSS program, families are to be provided various activities and supportive services so that they may obtain the education,employment, business, and social skills necessary to achieve self-sufficiency. A description of such activities and supportive services is also a requirement of the FSS action plan. This chapter contains three parts: Part I: Incentives.Outreach. and Assurance of Noninterference: This part describes the incentives the PHA will offer and the outreach efforts the PHA will use to encourage participation and recruit eligible families for the FSS program and contains the required assurance of noninterference with the rights of nonparticipating families. Part II:Family Selection: This part covers whether the PHA will use preferences for family selection and which preferences the PHA will employ if they choose to do so. In addition,this part describes the selection factors the PHA will use in screening families for participation in the FSS program. Part III:Activities and Support Services: This part lists the activities and supportive services to be provided to families through both public and private resources, describes the method the PHA will use to identify family support needs,and covers the required certification of coordination. ©Copyright 2022 by Nan McKay&Associates 4-1 Model FSS Action Plan 7/1/22 Unlimited copies may be made for internal use. PART I: INCENTIVES,OUTREACH,AND ASSURANCE OF NONINTERFERENCE 4-I.A. OVERVIEW The FSS program offers incentives such as the FSS escrow account, case management, coaching, and other supportive services that not only encourage participation, but also help families achieve self-sufficiency. In addition to encouraging program participation through such incentives, PHAs also conduct outreach to recruit FSS participants from among eligible families. As part of this process, families need to know that their choice as to whether to participate in the FSS program will not affect their admission to the Section 8 or public housing programs, nor will it affect their right to occupancy. This part describes the PHA's policies regarding these issues, all of which are required aspects of the FSS action plan. ©Copyright 2022 by Nan McKay&Associates 4-2 Model FSS Action Plan 7/1/22 Unlimited copies may be made for internal use. 4-I.B. INCENTIVES FOR PARTICIPATION [24 984.201(d)(5)] By regulation, the FSS action plan must include a PHA's incentives plan—a description of the incentives that the PHA intends to offer eligible families to encourage their participation in the FSS program. The incentives plan provides for the establishment of the FSS escrow account and any other incentives designed by the PHA. DHNP Policy DHNP will offer the following services, as needed to complete obligations in the contract, to its FSS participants as incentives to participate in FSS. Incentive Provided By Description FSS escrow account DHNP DHNP has created an FSS Escrow account for this purpose Case management/Coaching FSS Coordinator Meeting with FSS Coordinator to discuss goals and establish the ITSP Information and referrals to FSS Coordinator FSS Coordinator will refer services participants to outside sources as stated in the ITSP Educational workshops FSS FSS Coordinator will work Coordinator/Community with outside entities to Partners provide this service to the participant ®Copyright 2022 by Nan McKay&Associates 4-3 Model FSS Action Plan 7/1/22 Unlimited copies may be made for internal use. 4-I.C. OUTREACH EFFORTS [24 CFR 984.201(d)(6)(i)(ii)] In addition to offering incentives for FSS participation, PHAs also conduct outreach to recruit more FSS participants from eligible families. The FSS action plan must include a description of these efforts to recruit FSS participants, including notification and outreach, the actions the PHA will take to assure that both minority and nonminority groups are informed about the FSS program, and how the PHA will make this information known. DHNP Policy DHNP will notify eligible families about the FSS program using the following outreach locations, activities, methods,and languages, where appropriate. These points of contact and methods have been selected to ensure that both minority and nonminority groups are informed about the FSS program. Location/Activity Staff/Partner Method Language Briefings/Orientations DHNP Staff Flyer English Specialist Presentation , Spanish Interims/Recertifications DHNP Staff Flyer English Specialist Presentation Spanish Referral Form Transfers/Portability DHNP Staff Flyer English Specialist Presentation Spanish Referral Form Lobby DHNP Staff Flyer English Receptionist Poster Spanish Referral Form Human Services TANF/DHS Flyer English Staff Poster Spanish Adult Education Center Staff Flyer English Poster Spanish ©Copyright 2022 by Nan McKay&Associates 4-4 Model FSS Action Plan 7/1/22 Unlimited copies may be made for internal use. 4-I.D.ASSURANCE OF NONINTERFERENCE WITH THE RIGHTS OF NONPARTICIPATING FAMILIES [24 CFR 984.201(d)(10)] A family's housing assistance or admission into assisted housing should never depend on whether they choose to participate in the FSS program, and PHAs need to make this known as part of the recruitment process. For this reason, the PHA's action plan must include an assurance that a family's decision to not participate in the FSS program will not affect the family's admission to the Section 8 or public housing programs, nor will it affect the family's right to occupancy in accordance with the lease. DHNP Policy Participation in the FSS program is strictly voluntary. Section 8 participants will be notified in all literature and media presentations related to the FSS program that should they decide not to participate in the FSS program, it will not affect their Section 8. This material will also specify that the family will retain the right to occupancy according to their lease and family obligations contract. ©Copyright 2022 by Nan McKay&Associates 4-5 Model FSS Action Plan 7/1/22 Unlimited copies may be made for internal use. PART II: FAMILY SELECTION 4-ILA. OVERIVEW The FSS action plan is required to contain a statement indicating the procedures for selecting families for FSS program participation, including a description of how the PHA will do so without regard to race, color, religion, sex (including actual or perceived gender identity), familial status,or national origin. This part describes these procedures, considering whether the PHA will use preferences for family selection and which preferences the PHA will employ if they choose to do so, in addition to defining the factors the PHA will use in screening families for program participation. 4-II.B. FSS SELECTION PREFERENCES As part of the process for selecting families for participation in the FSS program, the PHA may choose whether to employ the use of preferences. If the PHA so chooses, it has the option of giving a selection preference for up to 50 percent of its FSS program slots to eligible families who have one or more family members currently enrolled in an FSS-related service program or who are on the waiting list for such a program. Such a preference may be further limited to participants in and applicants for one or more specific eligible FSS-related service programs. Should the PHA choose to adopt such a preference, it would need to include the following information in its action plan: • The percentage of FSS slots, not to exceed 50 percent of the total number of FSS slots for each of its FSS programs, for which it will give a selection preference • The FSS related service programs to which it will give a selection preference to the programs' participants and applicants • The method of outreach to and selection of families with one or more members participating in the identified programs [24 CFR 984.203(a)] A PHA may wish to adopt additional selection preferences as well [Notice PIH 93-24]. PHA Policy DHNP has not adopted selection preferences for the FSS Program. ©Copyright 2022 by Nan McKay&Associates 4-6 Model FSS Action Plan 7/1/22 Unlimited copies may be made for internal use. The PHA may use either of the following to select among applicants on the FSS waiting list with the same preference status[24 CFR 984.203(b)]: • Date and time of application to the FSS program; or • A drawing or other random choice technique. DHNP Policy DHNP will not provide a preference in selecting FSS participants. 4-II.C. SELECTION FACTORS Many factors contribute to whether a PHA may choose to select a family for participation in the FSS program. These selection factors can help the PHA screen families for admission, and ultimately contribute to the PHA's decision to either allow or deny a family's admission into the FSS program. Motivation Selection Factors 124 CFR 984.203(d)(1)] A PHA may screen families for interest and motivation to participate in the FSS program provided that the factors utilized by the PHA are those which solely measure the family's interest and motivation to participate in the FSS program. For this reason, PHAs must only apply motivational screening factors that are permissible under the regulations. Permissible Motivation Selection Factors Permitted motivational factors include requiring attendance at FSS orientation sessions or pre- selection interviews or assigning certain tasks indicating the family's willingness to undertake the obligations that may be imposed by the FSS contract of participation. However,any tasks assigned should be readily accomplishable by the family based on the family members' educational level, abilities, or disabilities, if any. Reasonable accommodations must be made for individuals whose disability (mobility, manual, sensory, speech impairments, mental,or developmental disabilities) creates a barrier to accomplishing the tasks [24 CFR 984.203(dX2)]. DHNP Policy DHNP will screen families for interest and motivation to participate in the FSS program by assigning a meeting. DHNP will only use the fact that the family attended as a screening factor. If a family requests an accommodation for a disability, DHNP will conduct the screening meeting over the phone or other electronic communications. ©Copyright 2022 by Nan McKay&Associates 4-7 Model FSS Action Plan 7/1/22 Unlimited copies may be made for internal use. Prohibited Motivation Selection Factors Prohibited motivational screening factors include the family's educational level, educational or standardized motivational test results, previous job history or job performance, credit rating, marital status, number of children,or other factors,such as sensory or manual skills, and any factors which may result in discriminatory practices or treatment toward individuals with disabilities or minority or nonminority groups [24 CFR 984.203(d)(3)]. Other Selection Factors In addition to motivational screening, the PHA may also wish to screen families for the following additional factors. PHA Debt Selection Factor The PHA may deny FSS participation to a family if the family owes the PHA,or another PHA, money in connection with Section 8 or public housing assistance [Notice PIH 93-24,B-18]. DHNP Policy DHNP will deny FSS participation to a family if the family owes DHNP,or another PHA,money in connection with Section 8. Families that owe money to DHNP or another PHA who have entered into a repayment agreement and are current on that repayment agreement will not be denied FSS participation. Unavailable Support Services Selection Factor If the PHA determines, after consulting with the family,that a missing service is essential to the family's needs,the PHA may skip that family(and other similar families) and offer the FSS slot to the next family for which there are available services [Notice PIH 93-24,B-8]. DHNP Policy DHNP will skip a family, which is in need of a missing service, but will retain their position on the waiting list until the missing service is provided and an FSS slot is open. Previous Participation Selection Factor A PHA may refuse to select a family for participation in the FSS program a second time if that family previously participated unsuccessfully (i.e., the family participated, did not meet its FSS obligations, and was terminated from the FSS program) [Notice PIH 93-24, B-14]. DHNP Policy DHNP will refuse to select a family for participation in the FSS program a second time if that family previously participated and did not complete the requirements as set in the COP. DHNP will enroll a family for participation in the FSS program a second time if that family previously participated, completed the COP,and received a final distribution of their escrow account if their employment skills or wages are below the level needed to achieve economic self-sufficiency (a wage that pays for basic needs without the use of subsidies). ®Copyright 2022 by Nan McKay&Associates 4-8 Model FSS Action Plan 7/1/22 Unlimited copies may be made for internal use. 4-II.D. SELECTION OF READ OF HOUSEHOLD Each eligible family that is selected to participate in an FSS program must enter a contract of participation with the PHA.There will be no more than one contract at any time for each family. There may be an ITSP for as many members of the family who wish to participate. The contract shall be signed by a representative of the PHA and the head of FSS family, as designated by the family. This head of FSS family does not have to be the same as the official head of household for rental assistance purposes [24 CFR 984.303(a)]. DHNP Policy DHNP will meet with the family and detail the obligations, rights, and privileges that pertain to the FSS head of household and require each adult family member to certify their agreement as to their designated head of the FSS family. These certifications will be a permanent part of the FSS family's record and will be updated with each change of head of household. 0 Copyright 2022 by Nan McKay&Associates 4-9 Model FSS Action Plan 7/1/22 Unlimited copies may be made for internal use. PART III: ACTIVITIES AND SUPPORT SERVICES 4-III.A. OVERVIEW Once families are admitted to the FSS program, the PHA becomes responsible for making sure these families are adequately served. The purpose of the family self-sufficiency (FSS)program is to promote the development of local strategies to coordinate the use of Section 8 and public housing assistance programs with public and private resources, to enable families eligible to receive assistance under these programs to achieve economic independence and self-sufficiency. As such, upon selection, families are matched with the appropriate activities and supportive services so that they may obtain the education, employment, and business and social skills necessary to achieve self-sufficiency. This is a vital element of the FSS program. The PHA must make a good faith effort to replace the obtained services from another agency. 4-III.B. METHOD OF IDENTIFYING FAMILY SUPPORT NEEDS [24 CFR 984.201(d)(8)] Before a PHA can determine the services and activities it will provide to FSS families, it must identify the services and activities appropriate to each family. The action plan must contain a description of how the program will identify the needs of FSS families and deliver the services and activities according to these needs. DHNP Policy Supportive services needs will be identified by completion of an informal needs assessment with the FSS coordinator before completion of the initial individual training and services plan and signing of the contract of participation. After enrollment in the PHA's FSS program, a formal needs assessment, including vocational assessment and counseling, educational assessment and counseling, and employment planning, is conducted by the following partners on the PCC. • Hampton Roads Workforce Council • Urban League of Hampton Roads • NSU at the Virginia Beach Higher Education Center • Virginia Beach Department of Human Services • Virginia Beach Department of Parks & Recreation These results are used to modify the ITSP, in mutual agreement with the family. ®Copyright 2022 by Nan McKay&Associates 4-10 Model FSS Action Flan 7/1/22 Unlimited copies may be made for internal use. 4-III.C. FSS ACTIVITIES AND SUPPORT SERVICES DESCRIPTION [24 CFR 984.201(d)(7)] As part of the required contents of the action plan, PHAs must both describe the activities and supportive services to be provided by public and private resources to FSS families and identify the public and private resources that are expected to provide the supportive services. Of course, this task assumes that the PHA has first identified the needed activities and supportive services. DHNP Policy The DHNP's FSS program, through its partners on the program coordinating committee, will provide the following activities and support services to FSS families: Support Service General Support Service Specific Source/Partner Vocational Assessment Hampton Roads Workforce Educational Assessment Council Assessment Vocational Planning NSU at Virginia Beach Higher Education Center Educational Planning Virginia Beach Department of Human Services High School NSU at Virginia Beach Higher Education GED Education Center Post-secondary Virginia Beach Department of Colleee Human Services Skills Training Emerging Technologies Hampton Roads Workforce Training Training Council On-the-Job Training NSU at Virginia Beach Higher Education Center Resume Preparation Hampton Roads Workforce Interviewing Skills Council Dress for Success NSU at the Virginia Beach Job Search Assistance Workplace Skills Higher Education Center Job Development Virginia Beach Department of Job Placement Human Services Infant Care Virginia Beach Department of Toddler Care Human Services Child Care Preschool Care Virginia Beach Department of Afterschool Care Parks and Recreation Homework Assistance Copyright 2022 by Nan McKay&Associates 4-11 Model FSS Action Plan 7/1/22 Unlimited copies may be made for internal use. Support Service General , Support Service Specific Source/Partner Financial Education Urban League of Hampton Financial Literacy Financial Coaching Road s Debt Resolution Virginia Beach Department of Credit Repair Human Services Training Urban League of Hampton Homeownership Planning Roads Debt Resolution Virginia Beach Department of Human Services ©Copyright 2022 by Nan McKay&Associates 4-12 Model FSS Action Plan 7/1/22 Unlimited copies may be made for internal use. 4-III.D. CERTIFICATION OF COORDINATION [24 CFR 984.201(D)(12)] The FSS action plan is required to contain a certification that the development of the activities and services under the FSS program has been coordinated with the JOBS program (now Welfare to Work under TANF), the programs under title I of the Workforce Innovation and Opportunity Act,and any other relevant employment, child care, transportation, training, and education programs in the applicable area. The implementation of the FSS program's activities and services must continue to be coordinated as such to avoid duplication of activities and services. DHNP Policy DHNP certifies that its FSS program has developed its services and activities in coordination with programs under Title I of the Workforce Innovation and Opportunity Act,Workforce Investment Board and American Job Centers(also known as Workforce Centers or One Stop Career Centers), and any other relevant employment, child-care, transportation,training, and education programs in the applicable area. The implementation of these activities and services will continue to be coordinated in this manner to avoid duplication of activities and services. e)Copyright 2022 by Nan McKay&Associates 4-1 3 Model FSS Action Plan 7/1/22 Unlimited copies may be made for internal use. Chapter 5 CONTRACT OF PARTICIPATION INTRODUCTION Each family that is selected to participate in an FSS program must enter into a contract of participation with the PHA.This contract,which is signed by the head of the FSS family, sets forth the principal terms and conditions governing participation in the FSS program, including the rights and responsibilities of the FSS family and of the PHA,the services to be provided to the head of the FSS family and each adult member of the family who elects to participate in the program, and the activities to be completed by them. The contract also incorporates the individual training and services plan [24 CFR 984.3031 This chapter contains two parts: Part I: Overview and Family Obligations: This part provides an overview of the form and content of the contract of participation and describes what the contract requires of FSS families. Part II:Contract Specifications: This part explains the specifications of the contract, including terms and conditions,contract modification,contract terminations, and grievance procedures. PART I: OVERVIEW AND FAMILY OBLIGATIONS 5-LA. OVERVIEW The purpose of the FSS contract of participation is to set forth the principal terms and conditions governing participation in the FSS program, including the incorporation of the individual training and services plan (ITSP) as part of the contract's required contents. The ITSP is meant to establish goals the FSS family will meet along the family's way to completing the contract and becoming self-sufficient. In addition to the goals specified in the ITSP,the contract also lists the responsibilities of the family and the PHA.This part covers the ITSP as part of the required contents of the contract of participation, and the family's obligations under the contract. ®Copyright 2022 by Nan McKay&Associates Page 5-1 FSS Action Plan 7/1/22 Unlimited copies may be made for internal use. 5-LB. CONTENTS OF THE CONTRACT OF PARTICIPATION Individual Training and Services Plan There will only ever be one FSS contract of participation (CoP) at any time for each FSS family. As part of the required contents of the FSS contract of participation (CoP), the individual training and services plan (ITSP) establishes specific interim and final goals by which the PHA and the family measure the family's progress toward fulfilling its obligations under the contract of participation and becoming self-sufficient. Interim and final goals will differ depending on the family's individual needs. Regulations require the establishment of a final goal that includes both employment for the head of the FSS family and independence from welfare assistance for all family members regardless of age. Interim Goals[24 CFR 984.303(b)(2)1 PHAs must work with each participant to establish realistic and individualized goals and may not include additional mandatory goals or mandatory modifications of the two mandatory goals. Individual Training and Service Plans for Other than FSS Head[24 CFR 984.1031 An individual training and services plan is required for the head of the FSS family and all adults choosing to participate. ITSPs must be prepared for each adult family member participating. ITSPs are prepared by the PHA,in consultation with the participating family member [Notice PIH 93-24, G-16. ©Copyright 2022 by Nan McKay&Associates Page 5-2 FSS Action Plan 7/1/22 Unlimited copies may be made for internal use. 5-I.C. FAMILY OBLIGATIONS Compliance with Lease Terms [24 CFR 984.303(b)(3)] One of the obligations of the FSS family according to the contract of participation is to comply with the terms and conditions of the Section 8 or public housing lease. Inability to comply with the lease represents an inability to comply with the contract,therefore regulations regarding noncompliance with the FSS contract apply [see 24 CFR 984.303(b)(5)]. It is up to the PHA to determine the plan of action for FSS families found in noncompliance with the lease and how the PHA will precisely define the term comply with the lease. All considerations allowed for other assisted residents regarding violations of the lease, must also be allowed for FSS participants. DHNP Policy DHNP will define comply with the lease to mean the FSS family has been evicted for repeated or serious violations of the lease as defined in the Section 8 Administrative Plan or if they have been evicted for repeated and serious violations of the lease, the family has pursued their right to an informal hearing and the family has prevailed at the informal hearing process. The DHNP's FSS program will terminate the FSS contract of participation for failure to comply with the terms of the lease. ©Copyright 2022 by Nan McKay&Associates Page 5-3 FSS Action Plan 7/1/22 Unlimited copies may be made for internal usc. Employment Obligation [24 CFR 984.303 (b)(4)J Another obligation set forth by the contract of participation is for the head of the FSS family to seek and maintain suitable employment during the term of the contract and any extension. Although other members of the FSS family may seek and maintain suitable employment during the term of the contract,it is only a requirement for the head of the FSS family. The obligation for the head of the FSS family to seek employment is defined in the regulatory language as meaning that the head of the FSS family has searched for jobs, applied for employment, attended job interviews, and has otherwise followed through on employment opportunities. However, this definition still leaves room for policy decisions on the part of the PHA because it does not define the level of activity involved in "seeking." There is no regulatory definition of maintain suitable employment. For this reason, it is up to the PHA to define the term. However, there can be no minimum period of time that the head of the FSS family must work. With the agreement of the FSS family member, the PHA makes a determination of what it means to maintain suitable employment based on the skills, education,and job training of the FSS head of household, receipt of other benefits of the family member, and the available job opportunities within the jurisdiction served by the PHA.This means that the PHA must consult with the family member and agreement must be reached as to what maintain suitable employment is for that family member [24 CFR 984.303 (b)(4), Notice PIH 93-24, G-3]. DHNP Policy For purposes of DHNP's FSS program, seek employment means the head of household has applied for employment, attended job interviews, and otherwise followed through on employment opportunities as outlined in the individual training and services plan of their contract of participation. Maintain suitable employment is employment, on the last day of the contract, that is outlined in the individual training and service plan and is based on the skills, education, job training, and receipt of other benefits of the head of the FSS family. DHNP will require verification of this employment or enrollment. ©Copyright 2022 by Nan McKay&Associates Page 5-4 FSS Action Plan 7/1/22 Unlimited copies may be made for internal use. 5-I.D. CONSEQUENCES OF NONCOMPLIANCE WITH THE CONTRACT Consequences apply for families who do not meet the terms and conditions of the contract. The regulations require that the contract of participation specify that if the FSS family fails to comply, without good cause, with the terms and conditions of the contract(including compliance with the Section 8 or public housing lease), the PHA may: • Withhold supportive services • Terminate the family's participation in the FSS program PHAs are not permitted to terminate a family's housing assistance due to the family's failure to meet its obligations under the contract of participation [24 CFR 984.101(d)]. DHNP Policy The contract of participation (CoP)will be terminated before the expiration of the contract term if the participant fails to meet,without"good cause,"their obligations as outlined in the CoP. If the participant fails to meet its obligations outlined in the CoP,the FSS coordinator, or their designee,will first meet with the family to reassess the need for supportive services or a change in the individual training and services plan (ITSP). If a reassessment of supportive services and a change in the ITSP is not successful in bringing the family in to compliance, the FSS coordinator will reassess the need for,and availability of,supportive services and refer the participant to a knowledgeable professional for a formal assessment of the challenges leading to the noncompliance. The FSS Coordinator will use this formal assessment to identify and refer to resources that remove the challenge so the participant is able to meet their obligations outlined in the CoP. Finally, if neither of these alternatives is successful, the FSS coordinator will terminate the CoP for failure to complete the tasks,interim goals, or final goals of the ITSP in a timely manner, and thus failure to complete the obligations outlined in the CoP. The FSS coordinator will make an exception to the actions in terminating the CoP if the participant can, with the assistance of the FSS Coordinator, demonstrate"good cause" for the failure to meet its obligations as outlined in the CoP. ®Copyright 2022 by Nan McKay&Associates Page 5-5 FSS Action Plan 7/1/22 Unlimited copies may be made for internal use. For purposes of the PHA FSS program, good cause includes circumstances beyond the control of the FSS family: Family circumstances Death in the family Serious illness Medical emergency Mandatory court appearances Involuntary loss of employment Loss of head of household through death,incarceration, or removal from lease Change in the ITSP improving progress toward economic self-sufficiency Community circumstances Significant reduction in workforce (over 20 percent reduction in employment field) Significant interruption in service delivery (over 3 months interruption) Provider noncompliance with regulation Provider unable or unwilling to provide service Provider offering inferior service Active pursuit of a current or additional self-sufficiency goal Resolution of a barrier to employment Completion of a college degree or technical training Completion of a work-related certification Credit repair towards homeownership readiness ®Copyright 2022 by Nan McKay&Associates Page 5-6 FSS Action Plan 7/1/22 Unlimited copies may be made for internal use. PART II: CONTRACT SPECIFICATIONS 5-II.A. OVERIVEW In addition to making clear the family's obligations under the program, the contract of participation contains specific terms and conditions,including those governing contract modifications,terminations, and grievance procedures. This part describes those specifications and associated policy. 5-II.B. CONTRACT TERM [24 CFR 984.303(c)] The contract term is five years. This means that the family has no more than five years from the effective date of the contract of participation (CoP) to fulfill their obligations as specified in the contract. This five-year term requirement will be specified in the CoP. Contract Extension [24 CFR 984.303(d)] While the term set forth in the contract of participation is for five years, contract extensions are available. According to regulation, PHAs must for"good cause" extend the term of the contract for a period not to exceed two years for any FSS family that requests an extension of the contract in writing or verbally. The family's written or verbal (documented by the FSS Coordinator) request for an extension must include a description of the need for the extension. Good cause means circumstances beyond the control of the FSS family, as determined by the PHA,such as a serious illness or involuntary loss of employment (further defined by PHA policy in Section 5-I.D.). Extension of the contract of participation will entitle the FSS family to continue to have amounts credited to the family's FSS account. ©Copyright 2022 by Nan McKay&Associates Page 5-7 FSS Action Plan 7/1/22 Unlimited copies may be made for internal use. 5-II.C. MODIFICATION OF THE CONTRACT The contract of participation (CoP)may be modified,as long as the PHA and the FSS family mutually agree to modify it. This includes modifications in writing with respect to the individual training and services plans (ITSPs), the contract term (See Section 5-II.B.above), and designation of the head of the family [24 CFR 984.303(f)]. The conditions under which the PHA will modify the contract are set forth in the policy below. DHNP Policy In DHNP's FSS program, the CoP will be modified by mutual agreement between DHNP and the FSS head of household: When modifications to the ITSP improve the participant's ability to complete their obligations in the CoP or progress toward economic self- sufficiency. When the actual end date of the CoP is determined by the effective date of the FSS family's first reexamination changes the end date of the CoP. When the designated head of the FSS family ceases to reside with other family members in the assisted unit, and the remaining family members, designate another family member to be the FSS head of household and receive escrow funds. When an FSS family moves to the jurisdiction of a receiving PHA that does not have an FSS program and the family may not continue participation in the FSS program, and modification of the FSS contract will allow the family to complete the contract and receive an escrow disbursement or terminate the contract with escrow disbursement. ©Copyright 2022 by Nan McKay&Associates Page 5-8 FSS Action Plan 7/1/22 Unlimited copies may be made for internal use. 5-II.D. COMPLETION OF THE CONTRACT By regulation, the contract of participation is considered to be completed when the head of household is employed and the FSS family has fulfilled all of its obligations under the contract of participation, including all family members' ITSPs, on or before the expiration of the contract term, including any extension thereof. Policies on verifying completion of the contract of participation can be found in Section 6-I.C. of this action plan. 5-II.E. TRANSITIONAL SUPPORTIVE SERVICE ASSISTANCE Even after a family has completed the contract of participation, a PHA may continue to offer appropriate FSS supportive services to a former completed FSS family. If the family still resides in Section 8 or public housing, these supportive services would be offered for becoming self- sufficient.If the family no longer resides in Section 8 or public housing, these supportive services would be offered for becoming self-sufficient or remaining self-sufficient. Transitional services for families who no longer reside in Section 8 or public housing, may only be offered using sources that are not HUD funds or HUD restricted funds [24 CFR 984.303(j)]. DHNP Policy DHNP will continue to offer supportive services to a former FSS family who has completed its contract of participation as long as they remain a S8 recipient and are not self-sufficient. e Copyright 2022 by Nan McKay&Associates Page 5-9 FSS Action Plan 7/1/22 Unlimited copies may be made for internal use. 5-H.F. TERMINATION OF THE CONTRACT Termination of the Contract with Escrow Distribution [24 CFR 984.303(k)] The contract of participation will be terminated with escrow distribution before the expiration of the contract term, during any extension of the contract,or at end of the term of the contract if all obligations under such have not been met, when: • Services that the PHA and the FSS family have agreed are integral to the FSS family's advancement towards self-sufficiency are unavailable, as described in Section 5-II.H.of this Action Plan. This type of termination is also referred to as"nullification" in the FSS regulations at 24 CFR 984. • The head of the FSS family becomes permanently disabled and unable to work during the period of the contract,unless the PHA and the FSS family determine that it is possible to modify the contract to designate a new head of the FSS family; or • An FSS family in good standing moves outside the jurisdiction of the PHA(in accordance with portability requirements at 24 CFR 982.353)for good cause and continuation of the CoP after the move or completion of the CoP prior to the move is not possible. PHAs must be consistent in their determinations of whether a family has good cause fora termination with FSS escrow disbursement. Termination of the Contract without Escrow Distribution [24 CFR 984.303(h)] The contract of participation may be terminated before the expiration of the contract term and any extension of the contract by the following: • Mutual consent of the parties • Failure of the FSS family to meet its obligations under the contract of participation without good cause, including in a Section 8 FSS program the failure to comply with the contract requirements because the family has moved outside the jurisdiction of the PHA • The family's withdrawal from the FSS program • Such other act as is deemed inconsistent with the purpose of the FSS program • Operation of law ®Copyright 2022 by Nan McKay&Associates Page 5-10 FSS Action Plan 7/1/22 Unlimited copies may be made for internal use. DHNP Policy The CoP will be terminated before the expiration of the contract term, and any extension thereof,for any of the following reasons Mutual consent of the parties. Family's withdrawal from the FSS program. Failure of the FSS family to meet its obligations under the contract of participation without good cause. Good cause for the purposes of the FSS program is also defined in Section 5-I.D.of this Action Plan. Such other act as is deemed inconsistent with the purpose of the FSS program. Operation of law. The head of the FSS family becomes permanently disabled and other family members will not participate in FSS as the head of the FSS family. In a Section 8 FSS program, failure to comply with the contract requirements because the family has moved outside the jurisdiction of the PHA under portability without continued FSS participation. If the FSS family faces termination due to failing to meet, without good cause, its obligations under the CoP, the PHA will follow the relevant policy specified in Section 5-I.D.of this action plan. Note: If the family is unable to meet the requirements of the contract of participation because essential services are not available, the contract tis nullified, not terminated. In addition,the' contract of participation is automatically terminated if the family's Section 8 assistance is terminated in accordance with HUD requirements [24 CFR 984.303(h)]. 0 Copyright 2022 by Nan McKay&Associates Page 5-1 1 FSS Action Plan 7!1l22 Unlimited copies may be made for internal use. 5-H.G.OPTION TO WITHHOLD SUPPORTIVE SERVICE [24 CFR 984.303(b)(5)(i)] As touched upon in Section 5-I.D.of this action plan,the PHA has the option to withhold supportive services or the FSS family's participation in the FSS program if the PHA determines that the FSS family has failed to comply without good cause with the requirements of the contract of participation. PHAs are not permitted to terminate Section 8 assistance to a family due to the family's failure to meet its obligations under the contract of participation [24 CFR 984.101(d)]. 5 II.H. PHA OBLIGATION TO MAKE GOOD FAITH EFFORT TO REPLACE UNAVAILABLE SUPPORT SERVICES [24 CFR 984.303(e)] PHA s must make an extensive good faith effort to replace services that community agencies either cannot or will not provide.If all of the steps below are exhausted without the provision of an integral service, the contract of participation can be ended ahead of time as a result. This, however,should only occur as a last resort. The PHAs good faith effort must be demonstrated by taking the following steps: • If a social service agency fails to deliver the supportive services pledged under an FSS family member's individual training and services plan (ITSP), the PHA must make a good faith effort to obtain these services from another agency. • If the PHA is unable to obtain the services from another agency, the PHA must reassess the family member's needs and determine whether other available services would achieve the same purpose. • If other available services would not achieve the same purpose,the PHA shall determine whether the unavailable services are integral to the FSS family's advancement or progress toward self-sufficiency. • If the unavailable services are not integral to the FSS family's advancement toward self- sufficiency,the PHA must revise the ITSP, delete these services, and modify the contract of participation to remove any obligation on the part of the FSS family to accept the unavailable services. • If the unavailable services are determined to be integral to the FSS family's advancement toward self-sufficiency(which may be the case if the affected family member is the head of the FSS family), the PHA shall terminate the contract of participation and follow the requirements in Section 5-1I.F.of this Action Plan. Termination of the contract of participation based on unavailability of supportive services shall never be grounds for termination of Section 8 or public housing assistance. ®Copyright 2022 by Nan McKay&Associates Page 5-12 FSS Action Plan 7/1/22 Unlimited copies may be made for internal use. 5-11.1. GRIEVANCE PROCEDURES When adverse action is taken by the PHA against a family, the PHA is required to provide a grievance hearing in the public housing program, or an informal hearing in the Section 8 program [24 CFR 966 subpart B, 24 CFR 982.554]. According to regulatory requirements, the FSS action plan must contain the grievance and hearing procedures available for FSS families against whom the PHA has taken adverse action with regards to FSS [24 CFR 984.201(d)(9)]. DHNP Policy The informal hearing procedures for the FSS program will be the same as the grievance and hearing procedures adopted for the Section 8 in the PHA's admissions and continued occupancy policy and administrative plan, respectively (Chapter l 6-11 through 16-16) Adverse actions taken within the FSS program include: Denial of admission into the FSS program Denial of request for supportive services Denial of request to change the ITSP Denial of request to change the head of household Denial of request for interim disbursement of the escrow account Denial of request to complete the CoP Denial of a request for extension to the FSS CoP Denial of request for either interim or final distribution of escrow account Withholding of support services Termination of the FSS CoP Denial of request for termination with escrow Denial of transitional services ©Copyright 2022 by Nan McKay&Associates Page 5-13 FSS Action Plan 7/1/22 Unlimited copies may be made for internal use. Chapter 6 ESCROW ACCOUNT INTRODUCTION The establishment of an escrow account is offered as a support and financial incentive to families for participation in the FSS program. Generally, under this incentive, the amount of an increase in family rent resulting from an increase in earned income is escrowed.That is, usually a family's rent or share of the rent goes up when the family experiences an increase in earned income. In the FSS program, this is still the case, and the part of the rent representing the increase is deposited into an account as an escrow credit.The funds from this escrow account then become available to FSS families upon successful completion of their contracts of participation and may become available earlier at the housing authority's option. This chapter explains how the FSS escrow account works, including calculating the amount of the escrow credit,disbursing the funds, and the proper way for the PHA to manage and report on the account. This chapter contains two parts: Part I: The Escrow Account: This part provides an overview of how the escrow account works, including calculating the escrow credit and disbursing the funds upon completion of the contract of participation. Part II:Escrow Fund Accounting and Reporting: This part describes the requirements for managing the escrow account, including both accounting and reporting requirements. PART I: TILE ESCROW ACCOUNT 6-I.A. OVERVIEW As an integral incentive to the FSS program, it is especially important to have clear-cut policy spelling out how the escrow account works. This includes policy regarding the calculation of the FSS credit amount, the disbursement of FSS account funds,the use of account funds for homeownership, and forfeiture of the FSS escrow account. ©Copyright 2022 by Nan McKay&Associates Page 6-1 Model FSS Action Plan 7/1/22 Unlimited copies may be made for internal use. 6-I.B. CALCULATING THE FSS CREDIT AMOUNT Determination of Baseline Annual Earned Income and Baseline Monthly Rent When determining the family's baseline annual earned income and the baseline monthly rent amounts for purposes of computing the FSS escrow credit,the PHA must use the amounts on the family's most recent income reexamination in effect. For purposes of determining the FSS credit,baseline monthly rent for families paying an income based rent is the family's Total Tenant Payment(TTP) as of the most recent reexamination of income, which occurs after the effective date of the FSS contract. For families in public housing who are paying either flat or ceiling rent, family rent is the amount of the flat rent (including the applicable utility allowance) or ceiling rent (including any hardship discounts)as of the most recent reexamination of income, which occurs after the effective date of the FSS contract [24 CFR 984.103(b)]. Determination of the Escrow Credit To calculate the FSS credit,the PHA must accurately determine the family's baseline earned income and baseline monthly rent and compare those figures with the family's current earned income and current monthly rent. The FSS credit is the lesser of 30 percent of one-twelfth or 2.5 percent of the amount by which the family's current annual earned income exceeds the family's baseline annual earned income; or the increase in the family's monthly rent. The increase in the family's monthly rent is the lower of either the amount by which the family's current monthly rent exceeds the family's baseline monthly rent, or for Section 8 families, the difference between the baseline monthly rent and the current gross rent (i.e., rent to owner plus any utility allowance) or the payment standard,whichever is lower[24 CFR 984.305(bX2)]. Determination of Escrow Credit for Families Who Are Not Low Income FSS families who are not low-income families are not entitled to any FSS credit [24 CFR 984.305(b)(2)]. Increases in FSS Family Income [24 CFR 984.304J As described in the FSS credit calculations above, any increases in family earned income resulting in increases in family rent are deposited in the escrow account.For this reason, and because of the nature of the FSS account, any increase in the earned income of an FSS family during its participation in an FSS program may not be considered as income or an asset for purposes of eligibility of the FSS family for other benefits,or amount of benefits payable to the FSS family, under any other program administered by HUD. Cessation of FSS Credit [24 CFR 984.305(b)(4)] The PHA will not make any additional credits to the FSS family's FSS account when the family has completed the contract of participation, when the contract of participation is terminated, when the family is not low-income, or during the time a Section 8 family is in the process of moving to a new unit. ®Copyright 2022 by Nan McKay&Associates Page 6-2 Model FSS Action Plan 7/1/22 Unlimited copies may be made for internal use. 6-I.C. DISBURSEMENT OF FSS ACCOUNT FUNDS Disbursement Before Completion of Contract The PHA may at its sole option disburse FSS account funds before completion of the contract if the family needs a portion of the funds for purposes consistent with the contract of participation and the PHA determines that the FSS family has fulfilled certain interim goals established in the contract of participation. These interim disbursements could include using the funds to assist the family in meeting expenses related to completion of higher education(e.g., college, graduate school) or job training, or to meet start-up expenses involved in creation of a small business [24 984.305(c)(2)(ii)]. DHNP Policy DHNP will disburse a portion of the FSS escrow account funds before completion of the CoP when the family has met certain interim goals, which means the family has met all its obligations under the CoP to date,including completion of the ITSP interim goals and tasks to date,and: Requested funds are needed to complete an interim goal or task within the CoP and are not ongoing expenses. OR The family has demonstrated that the need for one-time payment of otherwise ongoing expenses such as rent, utilities, telephone,cell phone, car payments, car repairs, insurance, or childcare is needed to complete an interim goal, a final goal, or a task related to such goals. This request must be submitted in writing to the FSS Coordinator along with supportive documents shows a connection with the need to the goal. Disbursement at Completion of Contract [24 CFR 984.305(c)(1) and 24 984.305(c)(2)(i)] When the contract has been completed, at or before the expiration date,according to regulation, the amount in the FSS account in excess of any amount the FSS family owes to the PHA will be paid to the head of the FSS family. To receive the disbursement, the head of the FSS family must submit a certification (as defined in 24 CFR 984.103) to the PHA at the time of contract completion that,to the best of his or her knowledge and belief, no member of the FSS family is a recipient of welfare assistance. ©Copyright 2022 by Nan McKay&Associates Page 6-3 Model FSS Action Plan 7/1/22 Unlimited copies may be made for internal use. Disbursement at Contract Termination [24 CFR 984.305(c)(3)1 The PHA must disburse to the family its FSS escrow account funds in excess of any amount owed to the PHA when the contract has been terminated in certain circumstances. These circumstances include services are not available to the family that the PHA and the FSS family have agreed are integral to the FSS family's advancement towards self-sufficiency,when the head of the FSS family becomes permanently disabled and unable to work during the period of the contract(unless the PHA and the FSS family determine that it is possible to modify the contract to designate a new head of the FSS family), or when an FSS family moves outside the jurisdiction of the PHA and continuation of the CoP after the move is not possible according to the regulations. In circumstances where a family is not able to continue in FSS after the move, it is also possible for the PHA and the family to determine if the contract can be modified to make completion and receipt of the escrow monies, possible. PHAs must be consistent in their determinations of whether a family has good cause for a termination with FSS escrow disbursement. Verification of Family Certification at Disbursement The PHA must verify that the family has met the requirements of either interim, fmal, or termination of contract with escrow. Interim disbursement may only occur after the family has completed certain interim goals and funds are needed to complete other interim goals. Final disbursement can only occur after the family has completed the contract of participation and all members are welfare-free as defined by regulation. Disbursement at contract termination only occurs if the family circumstances involve an integral missing service, the disability of the FSS head of household,or an FSS family porting out of the jurisdiction of the PHA and HUD regulations do not allow continuation of the FSS contract. In each of these circumstances, it follows that the PHA may require verification for the completion of interim goals or the contract of participation. At interim disbursement and before final disbursement of the FSS account funds to the family, the PHA must verify that the FSS family is no longer a recipient of welfare assistance by requesting copies of any documents which may indicate whether the family is receiving any welfare assistance, and by contacting welfare agencies [24 CFR 984.305(c)(4)). HUD provides verification guidance in Notice PIH 2O18-18. This guidance is mandatory for the Section 8 and public housing programs. The PHA's Administrative Plan or ACOP must contain verification policies following the hierarchy in this notice. The policies contained in the PHA's ACOP and Administrative Plan cover verification policies related to the FSS program in general. However, determining the need for interim disbursements may require more clarification as to what constitutes an acceptable third party source. ©Copyright 2022 by Nan McKay&Associates Page 6-4 Model FSS Action Plan 7/1/22 Unlimited copies may be made for internal use. DHNP Polic DHNP will require verification that the FSS family has completed certain interim goals, has completed the contract of participation, has met the requirements for termination with disbursement of escrow and that the FSS family is no longer a recipient of welfare assistance, as relevant, before making interim and final disbursements. DHNP will follow HUD's verification hierarchy set forth in Notice PIH 2018-18 to make these verifications, including the guidance therein regarding documentation. However, the PHA will use a knowledgeable professional as a third-party source to verify the need for interim disbursements. Succession to FSS Account [24 CFR 984.305(d)] FSS account funds should be disbursed to the head of the FSS family. However, if the head of the FSS family no longer resides with the other family members in Section 8 or public housing, the remaining members of the FSS family, after consultation with the PHA,have the right to designate another family member to receive the funds. U Copyright 2022 by Nan McKay&Associates Page 6-5 Model FSS Action Plan 7/1/22 Unlimited copies may be made for internal use. 6-I.D. USE OF FSS ACCOUNT FUNDS FOR HOMEOWNERSHIP According to regulation, a Section 8 or public housing FSS family may use their final distribution of FSS account funds for the purchase of a home, including the purchase of a home under one of HUD's homeownership programs, or other federal, state,or local homeownership programs, unless the use is prohibited by the statute or regulations governing the particular homeownership program [24 CFR 984.305(e)]. Homeownership is just one option for use of the FSS account funds.PHAs may not restrict the use of escrow funds at contract completion [Notice PIH 93-24, C-13]. 6-I.E. USE OF FORFEITURE OF FSS ACCOUNT FUNDS Amounts in the FSS account will be forfeited when the contract of participation is terminated without escrow disbursement, or when the contract of participation is completed by the family (see Section 5-II.D.of this action plan) but the FSS family is receiving welfare assistance at the time of expiration of the term of the contract of participation, including any contract extension [24 CFR 984.305(f)(1)]. Use of forfeited escrow accounts is described in detail in Section 3-I.F. of this FSS Action Plan. Treatment of Forfeited FSS Account Funds FSS escrow account funds forfeited by the FSS family must be used by the PHA for the benefit of the FSS participants. These funds may only be used for support for FSS participants in good standing.These supports include transportation, childcare, training, testing fees, employment preparation costs, and other costs related to achieving obligations outlined in the CoP;or training for FSS Program Coordinator(s). Forfeited FSS escrow accounts may not be used for salary and fringe benefits of FSS Program Coordinators, general administrative costs of the FSS program, for housing assistance payments (HAP)expenses or public housing operating funds. ©Copyright 2022 by Nan McKay&Associates Page 6-6 Model FSS Action Plan 7/1/22 Unlimited copies may be made for internal use. PART II: ESCROW FUND ACCOUNTING AND REPORTING 6-II.A. OVERVIEW Regulations set forth specific requirements involving the accounting and reporting for the FSS escrow account. This part describes those requirements and the PHA policy necessary for managing the account from the PHA perspective. 6-II.B.ACCOUNTING FOR FSS ACCOUNT FUNDS When establishing FSS escrow accounts, the PHA must deposit the FSS account funds of all families participating in the PHA's FSS program into a single depository account for each (Section 8 or public housing) program. These funds are determined at each reexamination after the effective date of the contract and must be deposited each month to each family's subsidiary line item in the PHAs escrow account. In addition,the funds held in this account must be invested in one or more of the HUD-approved investments [24 CFR 984.305]. Crediting the Escrow Account [24 CFR 984.305(a)(2)(i)] The total of the combined FSS account funds will be supported in the PHA accounting records by a subsidiary ledger showing the balance applicable to each FSS family. During the term of the contract of participation, the PHA must credit the amount of the FSS credit (see Section 6-I.B.) to each family's FSS account every month. Proration of Investment Income [24 CFR 984.305(a)(2)(ii)] Because the FSS account funds are to be invested,the investment income for those funds in the FSS account will also need to be credited to each family's account subsidiary line item. By regulation, these funds are to be prorated and credited to each family's FSS account based on the balance in each family's FSS account at the end of the period for which the investment income is credited. DHNP Polic\ Each quarter the full amount of the investment income for funds in DHNP's FSS account will be prorated and credited to each family's subsidiary line item after the deduction of unpaid rent and other amounts due under the lease. Reduction of Amounts Due by FSS Family [24 CFR 984.305(a)(2)(iii)] At Completion If the FSS family has not paid the family contribution towards rent,or other amounts, if any, due under the public housing or Section 8 lease, the balance in the family's FSS account shall be reduced by that amount (as reported by the owner to the PHA in the Section 8 FSS program) at the time of final disbursement of FSS escrow funds. Before Completion If the FSS family has underreported income after the baseline annual income is set, the amount credited to the FSS account will be based on the income amounts originally reported by the FSS family. ©Copyright 2022 by Nan McKay&Associates Page 6-7 Model FSS Action Plan 7/1/22 Unlimited copies may be made for internal use. If the FSS family is found to have under-reported income in the reexamination used to set the baseline, the escrow for the entire period of the CoP will be recalculated using the correct income to set the baseline and then calculate subsequent escrow amounts. 6-H.C.REPORTING ON THE FSS ACCOUNT Each PHA must make a report, at least once annually, to each FSS family on the status of the family's FSS account. At a minimum, the report must include [24 CFR 984.305(a)(3)]: • The balance at the beginning of the reporting period • The amount of the family's rent payment that was credited to the FSS account, during the reporting period • Any deductions made from the account for amounts due the PHA before interest is distributed • The amount of interest earned on the account during the year • The total in the account at the end of the reporting period DHNP Policy DHNP will provide FSS participants an annual statement on the status of their FSS escrow account. C Copyright 2022 by Nan McKay&Associates Page 6-8 Model FSS Action Plan 7/l/22 Unlimited copies may be made for internal use. Chapter 7 PORTABILITY IN SECTION 8 FSS PROGRAMS INTRODUCTION PHAs operating Section 8 FSS programs must be familiar with the rules and regulations regarding portability under the Section 8 program. As with the case of portability in the Section 8 program in general, the FSS family may move outside the initial PHA jurisdiction under portability procedures after the first 12 months of the FSS contract of participation [24 CFR 984.306]. In the event that an FSS family chooses to exercise portability, certain special requirements regarding the FSS program would apply. This chapter describes the obligations of the initial PHA,the receiving PHA,and the FSS family under portability, in addition to any special stipulations regarding portability in the FSS context. This chapter contains two parts: Part I: Portability in the FSS Program: This part provides a general overview of portability in the FSS program, including the residency requirements for FSS portability and management of the contract of participation when a family moves into or from another PHA's jurisdiction. Part II:The Effects of Portability on FSS Regulations and Policy: This part describes the specific ways in which portability affects different aspects of the FSS program, including the escrow account,program termination, loss of the FSS account, and termination of Section 8 program assistance. PART I: PORTABILITY IN THE FSS PROGRAM OVERVIEW Portability is a statutory feature of the Section 8 program—it is included in the law. As such, PHAs operating a Section 8 FSS program need to understand the effects that portability will have on Section 8 FSS families and program operation. This part provides a general overview of portability in the FSS program, including the residency requirements for FSS portability and management of the contract of participation when a family moves into or from another PHA's jurisdiction. 0 Copyright 2022 by Nan McKay&Associates Page 7-1 Model FSS Action Plan 7/1/22 Unlimited copies may be made for internal use. 7-LB.DEFINITIONS For the purposes of portability with regards to the FSS program, the following definitions will be used [24 CFR 982.4,24 CFR 984.306]. • Initial PHA means both: 1. A PHA that originally selected a family that later decides to move out of the jurisdiction of the selecting PHA;and 2. A PHA that absorbed a family that later decides to move out of the jurisdiction of the absorbing PHA. • Receiving PHA means a PHA that receives a family selected for participation in the tenant- based program of another PHA.The receiving PHA either absorbs the family into its program, including issuing a voucher and providing rental assistance to the family,or bills the initial PHA for the family's housing assistance payments and the fees for administering the family's voucher. • Relocating FSS Family refers to an FSS family that moves from the jurisdiction of a PHA at least 12 months after signing its contract of participation. 7-I.C.RESIDENCY REQUIREMENTS Families participating in a Section 8 FSS program are required to lease an assisted unit within the jurisdiction of the PHA that selected the family for the FSS program for a minimum period of 12 months after the effective date of the contract of participation. However,the initial PHA may approve a family's request to move outside its jurisdiction under portability during this period if the move is in accordance with the regulations at 24 CFR 982.353 [24 CFR 984.306(a)(1)]. DHNP Policy DHNP will approve a family's request to move outside its jurisdiction under portability during the first 12 months after the effective date of the contract of participation if the move is in accordance with the regulations for such moves at 24 CFR 982.353. After the first 12 months of the FSS contract of participation, the FSS family may move outside the initial PHA jurisdiction under portability procedures regardless of PHA approval [24 CFR 984.306(a)(2)]. ®Copyright 2022 by Nan McKay Be Associates Page 7-2 Model FSS Action Plan 7/1/22 Unlimited copies may be made for internal use. 7-I.D. PORTABILITY REQUIREMENTS FOR FSS PARTICIPANTS Receiving PHA Administers an FSS Program [24 CFR 984.306(b)] Whether the receiving PHA bills the initial PHA or absorbs the FSS family into its Section 8 program, the receiving PHA must enroll an FSS family in good standing in its FSS program. However,if the receiving PHA is already serving the number of FSS families identified in its FSS Action Plan and determines that it does not have the resources to manage the FSS contract or the receiving PHA,the initial PHA may agree to the FSS family's continued participation in the initial PHA's FSS program. Prior to the PHAs agreeing to the continued participation, the initial PHA must determine that the relocating FSS family has demonstrated that, notwithstanding the move, it will be able to fulfill its responsibilities under the initial or a modified contract at its new place of residence. 1'ORTA.F3IL.IT'V t'Sa J 1PACT O:!k kA IIL'i' Family FSS --- - Port Status PHA FSS Status Scenario FSS Impact PHA or HUD Decide I_ FSS family Receivintr PHA.has Billed Family may continarr Determined by die initial PHA ports FSS peoptam parneaponoa m aaataal Initial PHA ha-FSS PHA',FSS peogrsmt paoletani tx Detetwu.ad by the receiving PHA Family may enroll au revert-ant PItA's FSS psi► 2 F55 family Recriv-uar PHA has Absorbed Family may enroll m Determined by the rec.:sin,PHA ports FSS program rearms, Initial PHA has FSS PHA't FSS ptopram Determined boy the recettuar PHA propos. or '1.letetnaesat been[bit meatzaap PHA at Family may conto.ue needed because dare would Psnicapati at aaataal be respoaaatrle for moat of the FSS taslt PHA a FSS profsam as this scenario 3 FSS family Reeeivin,PHA does Billed _ Family may cmtimae First,aeaeemined by the initial PHA porn not hew FSS participation m spinal Then tecarrrin,PHA nu mr arty* propane PHA'*.FSS progam •The tecaivmf PHA would be tespomable for subbm.ttnatt the FSS Burial PHA anforosataeo for the famihy into D.S PLC a8oauusters FSS Rerestinf PHA's deeerios/nanoa must be piortam based on an undue financial in adsuanaseatat•e hasdattap such as the coat ofeddanf an FSS module to than exisnnp-7,1,171E11, It continued pata-apenoa as agreed to by the PHAs.the anetasl PICA must pier-ade the re,ceavmp PHA wrath tm.rbe and complete F55■ddatnduni information end the receiving PHA as rem-poaxtble for timely and accurate subaaxaaon of the FSS information into DAS,PIC 4 FSS family Receiving PHA does Absorbed Family may not HUD port* art Law FSS crattsara*partic>Irstiwr The recesvtnf PHA would be program in moral PHA c F5S responsible for manalurip escrow and the I''optam terrasittf PHA doe.not admirals set as Initial PHA FSS Pa-oEram edtmaatasers PS S program ©Copyright 2022 by Nan McKay&Associates Page 7-3 Model FSS Action Plan 7/1/22 Unlimited copies may be made for internal use. PORTABILITY FSS IMPACT ON NON-FSS FAMIUX Family FSS Port Srarus PHA FSS Status Scenario FSS Impact PHA or HUD Decides 1. Non-FSS Initial PHA bat FSS Bilkd Family may ersrof in Initial PHA faintly ports program receiving PHA s FSS ■Initial PHA agreement is program needed because the t.on:d Rrxn•ine PHA ha:FS5 be responsible for managing program the FSS escrow account 2 Nan-FSS Initial PHA his FSS Absorbed Family may emmll in Receiving PHA family ports program receiving PHA's FSS proles Receiving PHA has FSS program 3 Nora-FSS Initial PHA does not Billed Family may not enroll in HIJD family posts have FSS program pectin,*PHA`s FSS *The ror+ai P'HA would be propina responsible for managing Receiving PHA has FSS the FSS escrow account and uEl ui tlse moral PHA does not schnmt•:trr la FSS program 4 Non-FSS Initial PHA has FSS Absorbed Family may enroll m Receiving PHA family ports program receiving PHA's FS5 program Receiving PHA has FSS program DHNP Policy DHNP as the initial housing authority,will agree to the participant's continued participation in their FSS program so long as the relocating family has demonstrated, with the assistance of the FSS Coordinator,that it will be able to fulfill its responsibilities under the initial or a modified contract at its new place of residence. Where continued FSS participation is not possible, the initial PHA must clearly discuss the options that may be available to the family. Depending on the family's specific circumstances, these options include modification of the FSS contract,locating a receiving housing authority that has the capacity to enroll the family in its FSS program, termination with FSS escrow disbursement in accordance with 24 CFR 984.303(k)(l)(iii), or termination of the FSS contract and forfeiture of escrow. DHNP Policy DHNP will clearly discuss the options that are available to the family where continued FSS participation is not possible. Depending on the family's specific circumstances, these options include modification of the FSS contract,locating a receiving housing authority that has the capacity to enroll the family in its FSS program, termination with FSS escrow disbursement, or termination of the FSS contract and forfeiture of escrow. ©Copyright 2022 by Nan McKay&Associates Page 7-4 Model FSS Action Plan 7/1/22 Unlimited copies may be made for internal use. Receiving PHA Does Not Administer an FSS Program [24 CFR 984.306(c)] If the receiving PHA does not administer an FSS program, the FSS family may not continue participation in the FSS program. The initial PHA must clearly discuss the options that may be available to the family. These may include,but are not limited to,modification of the FSS contract, locating a receiving PHA that administers an FSS program, termination of the FSS contract with FSS escrow disbursement, or termination of the FSS contract and forfeiture of escrow. DHNP Policy DHNP will, as stated above,clearly discuss the options that may be available to the family where continued FSS participation is not possible. Depending on the family's contract specific circumstances, these options include modification of the FSS contract, locating a receiving housing authority that has the capacity to enroll the family in its FSS program, termination with FSS escrow disbursement in accordance with 24 CFR 984.303(k)(1)(iii), or termination of the FSS contract and forfeiture of escrow. Single Contract of Participation If the FSS family enrolls in the receiving PHA's FSS program, the receiving PHA will enter a new contract with the FSS family for the term remaining on the contract with the initial PHA. The initial PHA will end its contract with the family. If the FSS family remains in the FSS program of the initial PHA,pursuant to this section, the contract executed by the initial PHA will remain as the contract in place. Termination of FSS contract and Forfeiture of Escrow Account [984.306(e)] If an FSS family relocates to another jurisdiction and is unable to fulfill its obligations under the contract, including any modifications, the PHA,which is a party to the contract,must terminate the FSS family from the FSS program. The family's FSS escrow account will be forfeited. Termination of FSS program participation and forfeiture of FSS escrow must be used only as a last resort after the PHA determines, in consultation with the family, that the family would be unable to fulfill its obligations under the contract after the move, that locating another receiving housing authority with a FSS program is not possible, that the current contract cannot be modified to allow for completion prior to porting, and that the current contract cannot be terminated with FSS escrow disbursement. When termination is the only option, the PHA must clearly notify the family that the move will result in the loss of escrow funds.The PHA must follow its policy for clearly notifying the FSS family of the forfeiture. 0 Copyright 2022 by Nan McKay&Associates Page 7-5 Model FSS Action Plan 7/1/22 Unlimited copies may be made for internal use. 7-LE.NEW FSS ENROLLMENT INTO RECEIVING PHA'S FSS PROGRAM Administering and Billing of the Voucher If the receiving PHA bills the initial PHA,the receiving PHA may, consistent with the receiving PHA's FSS enrollment policies, enroll a family that was not an FSS participant at the initial PHA into its FSS program, but only if the initial PHA manages an FSS program and agrees to such enrollment. If the receiving PHA bills the initial PHA,but the initial PHA does not manage an FSS program, the family may not enroll in the receiving PHA's FSS program. DHNP Policy DHNP will clearly discuss the options that are available to the family where continued FSS participation is not possible. Depending on the family's specific circumstances, these options include modification of the FSS contract,locating a receiving housing authority that has the capacity to enroll the family in its FSS program, termination with FSS escrow disbursement,or termination of the FSS contract and forfeiture of escrow. Absorption of the Voucher If the receiving PHA absorbs the family into its Section 8 program, the receiving PHA may, consistent with the receiving PHA's FSS enrollment policies, enroll a family that was not an FSS participant at the initial PHA into its FSS program. PART H:REPORTING 7-II.A. OVERVIEW Each PHA that carries out an FSS program shall submit to HUD,in the form prescribed by HUD,a report regarding its FSS program. 7-H.B. CONTENTS OF THE FSS REPORT [24 CFR 984.401] The report submitted to HUD must include a description of the activities carried out in the FSS program; a description of the effectiveness of the program in assisting families to achieve economic independence and self-sufficiency, including the number of families enrolled and graduated and the number of established escrow accounts and positive escrow balances; a description of the effectiveness of the program in coordinating resources of communities to assist families to achieve economic independence and self-sufficiency; and any recommendations by the PHA or the appropriate local Program Coordinating Committee for legislative or administrative action that would improve the FSS program and ensure the effectiveness of the program. 7 H.C.FAMILY SELF-SUFFICIENCY GRANT PROGRAM REVIEW PHA SELF-ASSESSMENT HUD provides a detailed checklist for PHAs to conduct their own self-assessment of their FSS program. The form is administered by the local field office and allows each PHA to gather concrete and comprehensive data covering aspects of the program from FSS Action Plans and ®Copyright 2022 by Nan McKay&Associates Page 7-6 Model FSS Action Plan 7/1/22 Unlimited copies may be made for internal use. Composite Scores through FSS program size, participants, and graduations to reductions in FSS grants and current Memoranda of Agreement with community partners. The detailed example of the FSS Self-Assessment is available at HUD's FSS Resource page,which can be located by searching "HUD FSS"on any browser. ©Copyright 2022 by Nan McKay&Associates Page 7_7 Model FSS Action Plan 7/1/22 Unlimited copies may be made for internal use. 474 gs! CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to Repeal a Previous Appropriation of Funds and to Accept Twenty-Four Automated External Defibrillators from the Firehouse Subs Public Safety Foundation MEETING DATE: September 20, 2022 • Background: Firehouse Subs Public Safety Foundation provides grants for lifesaving equipment and needed resources to first responders and public safety organizations to help them be better prepared to save lives in the communities they serve. On April 5, 2022, the Foundation notified the Police Department that the department was awarded a grant for 24 AEDs with a value of $31,867. On May 3, 2022, City Council accepted and appropriated $31,867 from Firehouse Subs Formation, however the department was notified that the Foundation would be purchasing the AEDs in lieu of a monetary donation. Therefore, the action of May 3rd needs to be repealed, and a new action to accept the AEDs is required. • Considerations: The total award for this grant is for 24 AEDs. No local match is required. • Public Information: Normal Council Agenda process. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Police Department City Manager: 1 AN ORDINANCE TO REPEAL A PREVIOUS 2 APPROPRIATION OF FUNDS AND TO ACCEPT TWENTY- 3 FOUR AUTOMATED EXTERNAL DEFIBRILLATORS FROM 4 THE FIREHOUSE SUBS PUBLIC SAFETY FOUNDATION 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 1. The ordinance adopted May 3, 2022, to accept and appropriate $31,867 from 10 the Firehouse Subs Public Safety Foundation is hereby repealed. 11 12 2. Twenty-four Automated External Defibrillators are hereby accepted from the 13 Firehouse Subs Public Safety Foundation for the Police Department to be used 14 in patrol vehicles. 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: (LA' tVW tkkA — Budget and Management Services it o ey's Office CA15905 R-1 September 2, 2022 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize acquisition of property in fee simple for the Eastern Shore Drive Drainage Improvements Section 1D Lynnhaven Drive Pump Station Project, CIP 100150 (formerly CIP 7-069), either by agreement or condemnation PUBLIC HEARING DATE: September 6, 2022 MEETING DATE: September 20, 2022 • Background: The Eastern Shore Drive Drainage Improvements Section 1 D Lynnhaven Drive Pump Station CIP 100150 (formerly CIP 7-069) (the "Project") is for the construction of a new stormwater pump station, located on the north side of Lynnhaven Drive between Cape Henry Canal to the east and West Great Neck Road to the west, to reduce flooding from rainfall and tidal events throughout the Project watershed. The Project will work in conjunction with other drainage improvements in the vicinity (Section 1 B — Lynnhaven Colony Park Pump Station; Section 1C — Cape Henry Canal; and Section 1E — Elevate Lynnhaven Drive projects). Portions of Lynnhaven Colony are situated in low- lying areas that are prone to flooding during moderate to severe rainfall events and high tides. The Project will provide protection by stopping overland surface tidal and rainwater from flooding the low-lying areas, by raising the area's topography at or above the base flood elevation, as well as by pumping stormwater out of upstream Cape Henry Canal before, during, and after moderate to severe rain events. The Eastern Shore Drive Drainage Improvements collectively include, but are not limited to, canal widening and deepening, stormwater collection systems, tide gates, pumping stations, new outfalls, automated systems, communications, elevating roadways, roadway restoration, and utility adjustments. All of these elements will improve stormwater management and protect aspects of the watershed from recurrent flooding and the impacts of sea level rise. The infrastructure improvements will provide vital protections to the residents, businesses, and critical assets within the area. • Considerations: The Project requires the acquisition of the properties at 2208 West Great Neck Road (GPINs: 1499-39-3262, 1499-39-3184, and 1499-39- 5153) for construction of the stormwater pump station. A single property owner owns the three parcels to be acquired. The City has been negotiating with the owner since June 2020 and the parties have been unable to reach an agreement. Authority is requested to acquire the necessary properties by agreement or condemnation. The City received a $25 Million grant from FEMA to help fund the package of infrastructure improvements. ■ Public Information: The Citizen Information Meeting was held on May 11, 2022. A public hearing will be held on September 6, 2022, and public notice will be provided via the normal City Council agenda process. ■ Alternatives: Deny the Ordinance, which would risk delaying or not completing the Project. ■ Recommendations: Approval ■ Attachments: Ordinance and Location Map Recommended Action: Approval Submitting Department/Agency: Public Works/Real Estate City Manager: ,k9 1 AN ORDINANCE TO AUTHORIZE 2 ACQUISITION OF PROPERTY IN FEE SIMPLE 3 FOR THE EASTERN SHORE DRIVE 4 DRAINAGE IMPROVEMENTS SECTION 1 D 5 LYNNHAVEN DRIVE PUMP STATION 6 PROJECT, CIP 100150 (FORMERLY CIP 7- 7 069), EITHER BY AGREEMENT OR 8 CONDEMNATION 9 10 WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a 11 public necessity exists to construct and maintain the Lynnhaven Drive Stormwater Pump 12 Station, located on the north side of Lynnhaven Drive between Cape Henry Canal to the 13 east and West Great Neck Road to the west, for a stormwater pump station and related 14 facilities for the purpose of addressing frequent flooding of public streets and highways and 15 public and private infrastructure, to improve transportation during rain events, and for the 16 preservation of the safety, health, peace, good order, comfort, convenience, and for the 17 welfare of the people in the City of Virginia Beach; 18 19 WHEREAS, the properties located at 2208 West Great Neck Road (GPINs: 1499-39- 20 3262, 1499-39-3184 and 1499-39-5153)(collectively,the"Property")have been determined 21 to be the best location for the construction of the new pump station to provide stormwater 22 protection and drainage facilities to the surrounding area. 23 24 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 25 VIRGINIA BEACH, VIRGINIA: 26 27 Section 1. That the City Council authorizes the acquisition by purchase or 28 condemnation pursuant to Sections 15.2-1901, et seq., Section 15.2-970, Sections 33.2- 29 1007, et seq., and Title 25.1 of the Code of Virginia of 1950, as amended, of all that 30 Property, more particularly shown on Exhibit A, attached hereto and made a part hereof, as 31 further shown on the plans entitled "EASTERN SHORE DRIVE DRAINAGE 32 IMPROVEMENTS SECTION 1 D LYNNHAVEN DRIVE PUMP STATION CIP NO. 100150" 33 (the "Project"), and more specifically described on the acquisition plat for the Project (plat 34 and plans collectively referred to as the "Plans"), the Plans being on file in the Department 35 of Public Works, Stormwater Engineering Division, 2875 Sabre St., Suite 250, City of 36 Virginia Beach, Virginia 23452. 37 38 Section 2. That the City Manager is hereby authorized to make or cause to be made 39 on behalf of the City of Virginia Beach, to the extent that funds are available, a reasonable 40 offer to the owners or persons having an interest in said Property. If refused, if the property 41 owners are unable to convey clear title, or if the owners cannot be identified or located, the 42 City Attorney is hereby authorized to initiate, prosecute, and settle or resolve proceedings 43 to condemn to acquire title to the Property. 44 45 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 46 , 2022. CA15800 PREPARED: 8/22/22 R-1 \\vbgov.com\dfsl\applications\citylaw\cycom32\wpdocs\d016\p046\00824683.doc APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY PUBLIC WORKS/REAL ESTATE CITY OR Y EXHIBIT A Parcels Authorized for Acquisition By Agreement or Condemnation: ADDRESS OWNER (Now or Formerly) GPIN 2208 W. Great Neck LDSM Properties, LLC 1499-39-3262 Road (Principal: Cheryl P. McLeskey) W. Great Neck Road LDSM Properties, LLC 1499-39-3184 W. Great Neck Road LDSM Properties, LLC 1499-39-5153 is ��7� wit% �►�wa �`�_ em " E- �o z -/ - - ,� � W op.1 0, O ‘ -4 v. r _< Z*414,41/41cre dgrA -.3,ip v°,4.All i —) i Lli � P�LicsfdP �� yr �►poO . w 16i FrArom 1 _ i ,t`y� 1'� eY �� ��NOP �`�O1 src�wov�� EOM Di. 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' twin __,,. z ....0 wmiod. 0 ..., o o 0 44,,t; - 1/4_ - it ----, , glill ›' so��s N N,GREAT NECp RD- 00gist f` . ,OR DR� Z�N�G o CAPE A _ ,, �P ..�� Pr Ott - �� _ 44G IP • • ' 6 i -- ,,, ,, ,: 44. - 1 --- 41 to 0011 1 .- 1 --= se 15w .-.-1----i-t-t--'4'' . i U.l1 ir • ills 0 sa ,RwmPF on l' ,1 All i�Q� art. *IS eiratittel 111* 41\ $ **-'''. '+‘ 111611AltilikW - Ill ea* VII °41301 gill VS 11"1141.11114 V to S 0 Oa* E WTI V; M 'tk t.i 'q .17 00 ipi til go --x r----to 1 7,1i. "t p:T tR is�,�■ +rDAWN AVEiimuki s1 E ,e. ®� 10%- rl411"1110 ,� ``Rp ,rho= Ng loin jai il lia II! a f 3n0a N MI. 11 ASegiNellbe A VilloAll 111 a ‘0 N'Rp '�'w a21,b3a13 • �'In xm Ar tip, tg iri it ,, ,c, $�i 41 �o uRCN e�i�m�1t ft � �O---: -. molt lAtiga osvabri-isiAivis_ It-5 116 . #A4/41/4 ! adz ammtc, 4/ a ' - --"-Zil w;*(-140ist g011igliiii4rVIIII ________________--- 't- '----- to_ Itec it0\ 1 O. r W SCAL Pl + L � Z aRi 11.11111.1;2 .. J - V Ili=l r#zt 74, ■rr .2 ii#iit IP seellogi Iku RF)f all a ur . t ' ir,f61°% VII 11 .111 °. 51c111 11 ,,,, fficZAla .t ' ..' 1 Is Mil 0 ' +c• o \ *WI llb a`) I --70:2't-,'.,,'.,,. .,•.•,0•00•110-.110'°.07 04100111d0.1'0 11 )I9r mwOua‘imPp%0* Z ° yam' �s4 tnrlz m r ,, VA 0 if ? „mg ' ..- -1 a Pill 1111/III c (..) < 0- c Z?� 4� t:L rJ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the City Manager to Execute an Agreement Between the City of Virginia Beach and the Association for the Preservation of Virginia Antiquities for Renovations to the Cape Henry Lighthouse MEETING DATE: September 20, 2022 • Background: The Cape Henry Lighthouse ("Lighthouse") was completed in 1792 as the first public works project funded by the federal government. The United States government transferred ownership of the Lighthouse to the Association for the Preservation of Virginia Antiquities ("Preservation Virginia") in 1930 for the purpose of preserving the Lighthouse and making it available to the public. The Lighthouse, located at Fort Story, is now a national historic landmark and a highly visible and significant part of Virginia Beach's history. The City of Virginia Beach ("City") has assisted Preservation Virginia with previous Lighthouse restoration projects. Most recently, in 2019, a $1.1 million project was completed to stabilize the top of the dune and the base of the Lighthouse utilizing four transportation enhancement grants managed by City staff. For that project, Preservation Virginia provided a significant share of the required matching funding through an agreement with the City to pay the match in installments. • Considerations: The Lighthouse is currently in need of extensive restoration work on the tower, including stone repair, mortar repointing, crack repair, and glazing replacement ("Project"). The City has been awarded a Transportation Alternatives Set- Aside Program allocation in the amount of $1,534,495 for this Project. The required match amount is $383,624. The proposed agreement requires Preservation Virginia to provide the match through an initial payment of $8,624 and ten annual installment payments of$37,500. • Recommendation: Adoption • Attachments: Ordinance, Summary of Terms, Disclosure Statement Recommended Action: Approval Submitting Department/Agency: Planning Department 6R-7 City Manager: ft62 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE AN AGREEMENT 3 BETWEEN THE CITY OF VIRGINIA BEACH 4 AND THE ASSOCIATION FOR THE 5 PRESERVATION OF VIRGINIA ANTIQUITIES 6 FOR RENOVATIONS TO THE CAPE HENRY 7 LIGHTHOUSE 8 9 WHEREAS, the Cape Henry Lighthouse ("Lighthouse") was completed in 1792 10 as the first public works project funded by the federal government; and 11 12 WHEREAS, the United States government transferred ownership of the 13 Lighthouse to the Association for the Preservation of Virginia Antiquities ("Preservation 14 Virginia") in 1930 for the purpose of preserving the Lighthouse and making it available 15 to the public; and 16 17 WHEREAS, the Lighthouse, located at Fort Story, is now a national historic 18 landmark and a highly visible and significant part of Virginia Beach's history; and 19 20 WHEREAS, the City of Virginia Beach ("City") has assisted Preservation Virginia 21 with previous Lighthouse restoration projects; and 22 23 WHEREAS, most recently, in 2019, a $1.1 million project was completed to 24 stabilize the top of the dune and the base of the Lighthouse utilizing four transportation 25 enhancement grants managed by City staff; and 26 27 WHEREAS, Preservation Virginia provided a significant share of the required 28 matching funding for the recent project through an agreement with the City to pay the 29 match in installments; and 30 31 WHEREAS, the Lighthouse is currently in need of extensive restoration work on 32 the tower, including stone repair, mortar repointing, crack repair, and glazing 33 replacement ("Project"); and 34 35 WHEREAS, the City has been awarded a Transportation Alternatives Set-Aside 36 Program allocation in the amount of $1,534,495 for this Project; and 37 38 WHEREAS, the required match is $383,624; and 39 40 WHEREAS, the City and Preservation Virginia wish to enter into an agreement to 41 memorialize their respective obligations; and 42 43 WHEREAS, the proposed agreement requires Preservation Virginia to provide 44 the required match through an initial payment of $8,624 and ten annual installment 45 payments of$37,500; and 46 47 WHEREAS, the Project will provide necessary restoration and preservation to the 48 tower of the Lighthouse. 49 50 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 51 VIRGINIA BEACH, VIRGINIA: 52 53 That the City Manager hereby is authorized to execute an agreement between 54 the City of Virginia Beach and the Association for the Preservation of Virginia Antiquities 55 for renovations to the Cape Henry Lighthouse in accordance with the Summary of 56 Terms, attached hereto, and other such terms, conditions and modifications as may be 57 acceptable to the City Manager and in a form deemed satisfactory by the City Attorney. 58 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of September, 2022. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: %:k-} Planning De artmerit City Attorney's Office CA15911 R-1 September 8, 2022 Summary of Terms Agreement Between the City of Virginia Beach and the Association for the Preservation of Virginia Antiquities for Renovations to the Cape Henry Lighthouse Term: Agreement is effective upon execution, and expires in 10 years Responsibilities of the Association for the Preservation of Virginia Antiquities ("Preservation Virginia"): • Provide funding for the Cape Henry Lighthouse Restoration Project ("Project") in the amount of$383,624. • No additional funding required unless a written addendum to this Agreement is executed by the parties. • Project scope shall be based on the City's Transportation Alternatives Set-Aside application. • Review and approve preliminary engineering plans prior to submittal by the City for VDOT review and approval. • Pay the City's annual invoices within thirty days of receipt of said invoice. • Make an initial payment to the City of$8,624 on the effective date of this Agreement. Subsequently, Preservation Virginia will pay the City $37,500 by August 9 of each subsequent calendar year for a period of ten years. • Reimburse the City 100% of all expenditures incurred by the City if cancellation of the Project is initiated by Preservation Virginia during any phase of the work. • If Preservation Virginia elects to cancel the Project, Preservation Virginia shall reimburse VDOT for the total amount of the Project expended by VDOT, and shall repay any funds previously reimbursed that are later deemed ineligible by the Federal Highway Administration. • Responsible for all maintenance, upkeep, and operating costs of the Lighthouse. • Indemnify and hold harmless the City for loss and liability. • Provide insurance, including policy for$1,000,000 combined single limits. Responsibilities of the City: • Coordinate the review and approval of any and all phases of the Project with VDOT. • Department of Planning and Community Development shall serve as the project point of contact with Preservation Virginia. Department of Public Works shall administer the Project agreement with VDOT. • Provide a copy of the Project records to Preservation Virginia at the conclusion of the Project. • Bill Preservation Virginia in the amount of$37,500 by July 10 of 2023, 2024, 2025, 2026, 2027, 2028, 2029, 2030, 2031, and 2032. Virginia Beach APPLICANT'S NAME b DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Disposition of City Modification of Property by City Property Conditions or Proffers Alternative Economic Compliance, Special Development Nonconforming Use Exception for Investment Program Changes (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness (Historic Review Franchise Agreement Street Closure Board) Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use License Agreement Wetlands Board Permit Page PAGE FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any NUMPAGE Planning Commission and City Council meeting that pertains to the application(s). s 1 O APPLICANT NOTIFIED OF HEARING DATE: O NO CHANGES AS OF DATE: 0 REVISIONS SUBMITTED DATE: mr. Virginia Beach The discipsures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE ❑ Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. X❑ Check here if the APPLICANT ISa corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:_,Preservation Virginia (Association for the Preservation of Virginia Antiquities) If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) Sheet (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes and 2 Page 2 of 5 • • F a Virginia Beach • SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. ❑ Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. D Check here if the PROPERTY OWNER /Sa corporation, partnership, firm, business, or other unincorporated organization, AND THEN complete the following. (A) List the Property Owner's name: If an LLC, list the member's names: If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. z "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 (iiil there is shed management _or control between the business entities. Factors that should he 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. Virginia Beach _ . _.. _. Win. 111 SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business oReJating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY YE NO SERVICE PROVIDER (use additional sheets 5 if needed) ❑ 121 Accounting and/or preparer of your tax return ❑ ® Architect/ Landscape Architect / Land Planner Contract Purchaser(if other ❑ than the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed purchaser of the subject ❑ [ property(identify purchaser(s) and purchaser's service providers) ❑ (� Construction Contractors ❑ ® Engineers /Surveyors/Agents Financing (include current mortgage holders and lenders ❑ selected or being considered to provide financing for acquisition or construction of the property) ❑ Legal Services Real Estate Brokers / ❑ Agents/Realtors for current and anticipated future sales of the subject property Page 4 of 5 Virginia Beach SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YE N Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? 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. APPLICANT'S SIGNATURE PRINT NAME DATE di:4-4 )64, 4:re4necL.. S. � �.-� t�. a, aoaa PROPERTY OWNER SIGNATUV PRINT NAME I DATE Page 5 of 5 Officers Genevieve P. Keller Chair Architectural Historian/Preservation Planner Charlottesville,VA Ronald L. Hurst Vice Chair Colonial Williamsburg Williamsburg,VA Trip Pollard Vice Chair Southern Environmental Law Center Richmond,VA Gary Ometer Treasurer Virginia Foundation for Public Media and VPM Media Corporation Richmond,VA Elizabeth S. Kostelny Secretary, ex officio Preservation Virginia Richmond, VA Full Board Members Brian Brown, Ph.D. Virginia Commonwealth University Richmond,VA Anne Geddy Cross Community Volunteer Hanover, VA Helen D.Dow Warren Whitney Ashland,VA E. Renee Ingram Diversified Enterprises Group, LLC Washington D.C. Maral Kalbian Maral Kalbian, LLC Berryville,VA Linda H. Marks Marks Family Dentistry Mechanicsville,VA R. Latane Montague IV Hogan Lovells Alexandria,VA Helen Reveley Community Volunteer Richmond,VA EJ Scott Zantech IT Services Manassas, VA Jeff Stodghill PMA Architecture Newport News, VA Ian Vaughan Clark Nexsen Vienna, VA Honorary Trustees Chief Emeritus Kenneth Adams Upper Mattoponi Tribe Newport News, VA C. Hobson Goddin(Hobby) Community Volunteer Richmond,VA John H. Guy, IV National Petroleum Council Alexandria, VA William B. Kerkam,III(Barry) Richmond, VA 4 Gam, • CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Establish Capital Project #100639, "Cape Henry Lighthouse Restoration," and to Accept and Appropriate Funding from the Virginia Department of Transportation and the Association for the Preservation of Virginia Antiquities MEETING DATE: September 20, 2022 • Background: The Transportation Alternatives Set-Aside Program was first authorized in the Federal Transportation Bill — "Fixing America's Surface Transportation Act," also known as the FAST Act. The Bipartisan Infrastructure Law (BIL), also known as the Infrastructure Investment and Jobs Act (IIJA), was signed into law in November 2021 and continues the Transportation Alternatives Set-Aside Program. BIL/IIJA is set to provide more than $50 billion in infrastructure funding to all 50 states and the District of Columbia through a number of programs. The TAP program is intended to help local sponsors fund community-based projects that expand travel choices and enhance the transportation experience by improving the cultural, historical, and environmental aspects of the transportation infrastructure. It focuses on providing for pedestrian and bicycle facilities, historic preservation, and community improvements, and is part of the Federal-Aid Highway program. TAP is not a grant program, and funds are only available on a reimbursement basis with a 20% minimum local match. Starting in 2017, the TAP began a biennial application cycle, and projects receiving funding are ratified by the Commonwealth Transportation Board. The City applied for and received a total of $1,813,152 through the TAP program for the following two projects: Total FY22 Federal Local Project Allocations Match Cost Independence Blvd at Baxter Road Pedestrian Improvements $403,850 $278,657 $125,193 Cape Henry Lighthouse Restoration $1,918,119 $1,534,495 $383,624 Total $2,321,969 $1,813,152 $508,817 The Planning Department has proposed entry into an agreement with the Association for the Preservation of Virginia Antiquities through a separate Agenda item at the September 20, 2022 Council meeting. This agreement will authorize the City to receive $383,624 to fund the local match for the newly created Cape Henry Lighthouse Restoration project. • Considerations: The Independence Blvd at Baxter Road Pedestrian Improvements project is included in the Capital Project 100423 "Traffic Safety Improvements (TSI) IV" within the Roadways Section of the Capital Improvement Program. There is sufficient existing appropriated local funding in the TSI IV Capital Project to satisfy the required local match. The Cape Henry Lighthouse Restoration project will be managed as a new stand-alone Capital Project within the Economic and Tourism Development Section of the Capital Improvement Program. The required local match for this project will be satisfied by the funding from the Association for the Preservation of Virginia Antiquities. The City previously entered into an agreement with the Association for the Preservation of Virginia Antiquities for renovation of Cape Henry Lighthouse in 2012 when the organization initially provided $88,750 to satisfy a similar local match requirement for that project. Later, in FY 2013-14, the Association provided $40,000 in matching funds for an additional $160,000 provided by Virginia Department of Transportation for the Cape Henry Lighthouse. • Public Information: Normal City Council agenda process. • Attachments: Ordinance, Location Maps, CIP Detail Sheets Recommended Action: Approval Submitting Department/Agency: Public Works, Economic Development, Planning Department City Manager: 1 AN ORDINANCE TO ESTABLISH CAPITAL PROJECT 2 #100639, "CAPE HENRY LIGHTHOUSE RESTORATION," 3 AND TO ACCEPT AND APPROPRIATE FUNDING FROM 4 THE VIRGINIA DEPARTMENT OF TRANSPORTATION 5 AND THE ASSOCIATION FOR THE PRESERVATION OF 6 VIRGINIA ANTIQUITIES 7 8 WHEREAS, the Virginia Department of Transportation through the Transportation 9 Alternative Set-Aside Program has awarded the City of Virginia Beach a total funding of 10 $1,813,152 for Capital Project #100423, "Traffic Safety Improvements IV," and a project 11 for restoration of the Cape Henry Lighthouse Restoration; and 12 13 WHEREAS, the Planning Department has proposed entry into an agreement with 14 the Association for the Preservation of Virginia Antiquities, and this agreement will provide 15 the $383,624 local match for the Cape Henry Lighthouse Restoration; 16 17 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 18 OF VIRGINIA BEACH, VIRGINIA, THAT: 19 20 1. Capital Project #100639, "Cape Henry Lighthouse Restoration," is hereby 21 established in the Economic and Tourism Development Section of the Capital 22 Improvement Program. 23 24 2. A total of $1,813,152 is hereby accepted from the Virginia Department of 25 Transportation and appropriated, with federal revenues increased accordingly, 26 as follows: 27 - Capital Project #100423, "Traffic Safety Improvements IV," — $278,657 28 - Capital Project #100639, "Cape Henry Lighthouse Restoration," — 29 $1,534,495. 30 31 3. $383,624 is hereby accepted from the Association for the Preservation of 32 Virginia Antiquities and appropriated, with revenue increased accordingly, to 33 Capital Project #100639, "Cape Henry Lighthouse Restoration." 34 35 4. The City Manager is authorized to execute a project administration agreement 36 and other documents necessary or required by the Virginia Department of 37 Transportation for the prosecution of the Cape Henry Lighthouse Restoration 38 Project. 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: Wktetic Budget and Management Services City r s ice CA15913 R-2 September 7, 2022 - 2 N WES YAN DR �� �j�--j— 's I , .1 E 81?6--' �� o ]Q,,i1,_1 0 , n V ,� � titN� i i� �� • VIRGINIABEA• BLVD ,\,�-,, c CARAPACE:DR S IiZilirgOi 1 i ' -'--r1,. ,44vir. <4;--)'''1 j4''''' Q: :4: Ahm;;;ANDE,vc AR :1g7 !ri 9:8 tom' o `'�' C:-,/R, GFi�9::: 4i* 1-°*1-1,L:, ti Y�NpN� � ��' iiw �/�--, �-,00 \\ � ,,f,./ _.„, ,,((:;--, .„ ,/ . _ ,,,_, :6 / IP\ - : A.- (\;77-9,./ silk -Nc _c9 , Aft, , 1,0-1,7. IF / /5, .°:• f-,,, s'i-c .iff ,_,Aio..0a,1 \,,,(\ &/ \� 41,1;f0,er (-) () \ iftri;. .- c.,, 7,7t ,_ w i . z— \ 1'1,0 , Atk.niiiks.,<,,,,, \,-` 7/ y r i ': . 'W481L1W z CO i s.,,,,,,, _,.:\..,;-'\,,,,i,),\,i_______________,,,y,,,, __-2 zCITRINEJAVE- ; �' .11ill,i'UPI i W / . / �--- i p c cz_, /c, \ 3,EA Al 1 i am 5,) ,. 440 ,ij ,\ ,:______.? [=E-71- )ciii-Jb7:1Jc; S 1,6, , prLoo ,,: lovis, \ ,NN . u-rHyg ) Li,\,‘ _,-=:\--,\,c ,,,\, \„s.,, -,.-,R... ,-.„-v \.N \ I ,- '''''"\ 0 ' --Ptsl. '"-; ,(Yrc,,,V‘4`).1° ,xv:5;5; v,, \,,p „,,,,A Q 5'). -, ,-,k, 004 ___.„ .s. ,-_______t.v),-,-, itdig \ 44t, ‘ , s,,,; ,,, z '. -/ --- ---- , \-'''s-,. (:. , , �\''‘ iT16: ' C)W \) � ›v ,,<.; . � 'Cti, C > \ \ Al" ' c(;7Q1 /7/ e et, ,p (' --,„ ANN,,t984,, - . ,,..:, , - `� 7. . ... • .cj 0 \ Q . IV;efio , X.,,.. `' -. D a. \K\,,, \l/,‘„,,,,./Ny.,(/'„.„." ..*-4„ , 04,--,., N> ti 4.4.!p -2,(/ .. , -- v. 0 ID 0 . i,,, / , #0-..\V V95, 4 0 \C-4 0 e 6 % \i/ CN,</ I ."'' i4..**:** ViltS1 S\ ° ci\\ i-Q 0 \,\. 0"...,:, tpt. „she , dtv, --s,,..., n ___ ‘.,_...., AIL: 5._, Ak ''‘OP It,... 1., \Vt ZirS-'' k.>;,(\ L'''' ,r) ------- r, c, yi . AL,'\ ' ..41i 4 0.0, " n„--- 79,1 <,,,\ S'> ' a "t5Z .-7 Iii*, 0 % V>*/R,Ni A -1-.\c<\ . ?C'': ()C'j N( - , z , '-' 'k Ne.\ . ,), 44C) . hifb /1/ '-'0 5s.-°;c #.. > 441 /C)0,.po\'' .> , ? ° 6' 4i A,1&,•'‘;p ‘ .4. C. ' c)s.0 0 SK% ,CZ.N, N:\NNNN'‘: ''�� ' �'e4-ti GASP\ r /� _ _ /-•Q.A G� rr • LOCATION MAP INDEPENDENCE BLVD. BAXTER R.. ,.‘IVFA OAD � � `' PEDESTRIAN IMPROVEMENTS MOW#11 ���� o �' Feet \ 1' 0 200 400 800 s Prenareri by PW/Fnn/Fnri Sunnnrt Services Rureau OR/17/21 Y\(`Aflf1\Drnic-+ \4R( �iI \TAD A \In`lononilonno Rl ird Rv1cr Dnrl Dcrlcc4rin Imn m. N I SITE W _6- E s SHARE pR r yZ c6 ➢c �o • SK\NRt) "Il CAPE HENRY LIGHTHOUSE VIRC Aj3 n ' , •0 Z a.' r Iii � Q • 40. �� 4y,9e v ,,''?.Q./-3 '11C4Z.:4---`\::__ e,._ ,_ 4 4;"---..,,,-- -- ---- -t.,, k-449. ' \ c �O \ I sr Lj; v \�J4. �9y y _ ____----\,--10-s-> c'/T i< • — .. .0 ..;..„ - --_:3_'__ <!)—„// ''-' ''% \ '' 0 o -t . \ ..c •N %*-‘ , , j ' 4 - , ,T, ‹), *. e% V. rCOTARTQRYRD ;,j, -:;s4q7 c, \9?‘ Q VVV to\ ".,_ Q' 6 \_q \,,,,N, • oo \\ \s Q :3 -4.0,„ -. - . ii,t v ls::1i,iv,. i s .1\ I iiii riy, r reittvip .% Istiarty �' '' littl..* -.4011t.t.cns *own,1 _..., ......,..,‘ LOCATION MAP CAPE HENRY LIGHTHOUSE Feet 0 500 1,000 2,000 Drcnnrcr+by P\A//Pnn /Fnn Ciinnnr+Ganiicac Riiraai1(1R/17/71 Y•\(`Aflf1\Drnicr+c\ARC' Pilcc\TAD Linn lirn+inns\(`nnc I-lonni I inh+hniIcc mi Fiscal Years FY24 through FY29 Capital Improvement Program Project:100639 !Title:Cape Henry Lighthouse Restoration Status:Proposed Category:Economic Development Department:Economic Development Project Type Project Location Project Type:Rehabilitation District:6 Programmed Funding Programmed Appropriated Budgeted Non-Appropriated Programmed CIP Funding Funding Funding To Date FY24 FY25 FY26 FY27 FY28 FY29 Future 1,918,119 0 0 0 0 0 0 0 Description and Scope This project will provide necessary restoration and preservation work for the 1792 Cape Henry Lighthouse. This project continues the restoration/preservation work completed in 2019 to stabilize the top of the dune and the lighthouse base.The scope of work includes:repair of the Aquia sandstone door and window lintels and surrounds that are damaged due to wind exposure and water infiltration; repair of cracks in Rappahannock stone that is the primary material for the walls;general masonry repointing of approximately 50%of the tower to fill areas in each side of the octagonal tower that exhibit mortar deterioration and loss;repair/replacement of the glass and glazing in the lantern cover;modification of the system for ventilation of the lantern cover;and removal of a 20th-century stucco band on the tower immediately below the lantern cover and repair of masonry beneath it.The stucco band will not be reinstalled. Purpose and Need The Cape Henry Lighthouse is a National Historic Landmark that is a significant heritage tourism attraction in the Hampton Roads region.In addition to its history as the first funded public works project by the United States government,views from the lantern deck of Cape Henry,Cape Charles,the Chesapeake Bay,the Atlantic Ocean,active shipping vessels,the Chesapeake Bay Bridge Tunnel and the City of Virginia Beach are unparalleled.The purpose of this project is to undertake and complete necessary repairs to the various exterior elements of the structure to ensure its long-term preservation and viability as an educational site and tourism attraction.One element of the project will be to improve ventilation at the lantern deck and mitigate the often high temperatures that require temporary closing of the tower.The Cape Henry Lighthouse is the most visited historic site in Virginia Beach and completion of this project will enhance tourism interest and ensure the physical viability of the structure.The lighthouse has been owned by the Association for the Preservation of Virginia Antiquities(now doing business as Preservation Virginia)since 1930. History and Current Status This project is a continuation of CIP 9-276 Cape Henry Lighthouse Resotration Phase II,which first appeared in the FY 2012-13 CIP. In April 2022,the City was awarded$1,534,495 in Federal Transportation Alternatives Set-Aside funding for this project. The remaining match for the project will be funded through private contributions from Preservation Virginia. Operating Budget Impact Comments Not applicable. Project Map Schedule of Activities SITE Project Activities From-To Amount Design 01/23-01/26 331,743 Construction 05/25-01/26 1,586,376 SNOR Ft E,O Total Budgetary Cost Estimate: 1,918,119 V .--i Means of Finance r Z Funding Subclass Amount ':` Federal Funding 1,534,495 n y Private Donations 383,624 L Total Funding: 1,918,119 PSK1N VO VIR€ :{ ,3 n - 64 rc0 144,1t.y �i S-. earl S! , ..i►e K V"J CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution to Request that the Virginia Department of Transportation Establish Projects for Capital Project 100548 "Pungo Ferry Road Improvements" and Capital Project 100602 "West Neck Creek Bridge" and Authorize the City Manager to Enter into any Necessary Agreements for Project Development MEETING DATE: September 20, 2022 • Background: The Virginia Department of Transportation (VDOT) requires a locality to submit a formal resolution requesting the establishment of a new stand-alone project in VDOT's Six Year Improvement Plan (SYIP) allowing VDOT to provide oversight on a locally funded project. Capital Projects 100548 "Pungo Ferry Road Improvements" and 100602 "West Neck Creek Bridge" are active locally funded projects in the Flood Protection Program CIP. Both projects were funded through the stormwater bond referendum in November 2021 and aim to reduce recurring flooding and address sea level rise. The "Pungo Ferry Road Improvements" project will raise Pungo Ferry Road from Blackwater Road to the west side of the Pungo Ferry Road Bridge approach, a distance of approximately 2 miles. Pungo Ferry Road is the only east-west connector in the southern part of the City, and a closure requires a 19-mile detour for residents and agriculture vehicles. The "West Neck Creek Bridge" project will raise the bridge and sections of West Neck Road on either side of the bridge. The project will also include a series of in-water miter gates that will be tied into West Neck Road with earthen levees. The West Neck Creek Bridge and miter gates will effectively block the flood pathway originating from the North Landing River and West Neck Creek, thereby providing protection to residential properties north of West Neck Road. • Considerations: The establishment of the Pungo Ferry Road Improvements and West Neck Creek Bridge projects in VDOT's SYIP will allow the City of Virginia Beach to pursue multiple funding avenues to potentially secure State and/or Federal funds for these projects. The Bipartisan Infrastructure Law (BIL), also known as the Infrastructure Investment and Jobs Act(IIJA), was signed into law in November 2021 and provides more than $50 billion in infrastructure funding. The Pungo Ferry Road Improvements and West Neck Creek projects are promising candidates for several new funding opportunities introduced through the BIL/IIJA, in addition to some existing State and Federal funding opportunities. Establishing these projects in VDOT's SYIP allows and enhances the City's efforts to continue to infuse State and Federal funding into the CIP. In addition, the Pungo Ferry Road Improvements and West Neck Creek Bridge projects will follow the National Environmental Policy Act (NEPA) process for environmental review. Establishing these projects in VDOT's SYIP will provide the City efficiencies throughout the NEPA process as well as help in securing any necessary environmental permits through the United States Army Corp of Engineers (USACE) and the Department of Environmental Quality(DEQ). Proactively starting the NEPA process further enhances project readiness, increasing the competitiveness of the projects to receive Federal funding. • Public Information: Normal City Council agenda process. • Attachments: Resolution, Location Maps, Detail Sheets Recommended Action: Approval Submitting Department/Agency: Public Works City Manager: 0,,y 1 A RESOLUTION TO REQUEST THAT THE VIRGINIA 2 DEPARTMENT OF TRANSPORTATION ESTABLISH PROJECTS 3 FOR CAPITAL PROJECT 100548 "PUNGO FERRY ROAD 4 IMPROVEMENTS" AND CAPITAL PROJECT 100602 "WEST 5 NECK CREEK BRIDGE" AND AUTHORIZE THE CITY MANAGER 6 TO ENTER INTO ANY NECESSARY AGREEMENTS FOR 7 PROJECT DEVELOPMENT. 8 9 WHEREAS, the Virginia Department of Transportation (VDOT) requires a locality 10 to submit a formal resolution requesting the establishment of a new stand-alone project in 11 VDOT's Six Year Improvement Plan (SYIP) allowing VDOT to provide oversight on a 12 locally funded project; 13 14 WHEREAS, Capital Projects 100548 "Pungo Ferry Road Improvements" and 15 100602 "West Neck Creek Bridge" are active locally funded projects in the Flood 16 Protection Program within the City's Capital Improvement Program; 17 18 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 19 OF VIRGINIA BEACH, VIRGINIA, THAT: 20 21 1 . The City of Virginia Beach hereby requests the Virginia Department of 22 Transportation to establish stand-alone projects for the improvements of Pungo 23 Ferry Road and the West Neck Creek Bridge in VDOT's Six Year Improvement 24 Plan; and 25 26 2. The City Manager is authorized to apply for funds and execute project 27 administration agreements, as well as other documents necessary for 28 approved projects required by VDOT or other governmental agencies. 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: Budget and Management Services it orn 's ice CA15907 R-1 September 6, 2022 j N 2 „_,A_ ... .„ W_....,.._ E STE m lilli I w S N ZliZ _ ,..,,, , N4. r -- t +ram '70 '\l,( __� i _ L rt I `, 4...isa b, . N.% 15 A11W IMPIIII. , ______ PUNGO FERRY RD-- 00 1\I* k , r_ IP' _ . v l "rS? :1.1114 _ r Ila , plot 1, '�r 7,:tant LOCATION MAP --TA PUNGOFERRY ROAD IMPROVEMENTS j� CIP # 100548 13 . Feet WcFr. A 0 750 1 ,500 3,000 Drcnnrcrl ht,D\A//Dnn /Pr,n Cllnnnr+Ccn,irce Pi!moil n52_17_71 X:\CADD\Proiects\ARC Files\AGENDA MAPS\Punoo Ferry Road Imoroyernent Fiscal Years FY23 through FY28 Capital Improvement Program Project:PG100548 Tltle:Pungo Ferry Road Improvements /Status:Proposed Cat :,y.flood Protection Department:Public Works Project Type Project Location Project Type:New Construction/Expanslon 'istrict:Princess Anne Programmed Funding Programmed Appropriated Budgeted Non-Appropriated Programmed CIP Funding Funding Funding To Date FY23 FY24 FY25 FY26 I FY27 FY28 Future 11,500,000 11,500,000 Description and Scope This project is part of the Southern Rivers Flood Protection Program Master Project.It will raise Pungo Fern Road r-err;Biackwater Road to the west side of the Pungo Ferry Road Bridge approach,a distance of approximately 2 miles.The road will be raised to minimize recurring flooding and address sea level rise where practicable.The project will include shoulder and fill slope improvements.Streetlights do not exist beyond the Pungo Ferry Bridge and will not be included with this project.Traffic control will be designed to allow construction with single-lane closures. Purpose and Need Pungo Ferry Road has experienced periodic closures due to flooding.These closures have been the result of major rainfaii events including hurricanes, but also wind-driven events that have little or no rainfall. The roadway is surrounded by wetlands,which in some locations,extend up to the edge of the pavement. In these locations,the shoulders are very soft,making recovery difficult or impossible if a motorist drives off the roadway. Pungo Ferry Road is the only east-west connector in the southern part of the City. A closure of this roadway requires a 19-mile detour for residents and agriculture vehicles. The proposed intersection improvements will reduce the number of closures due to flooding and also increase safety by providing lane widths and shoulders that meet current standards. History and Current Status This project first appeared in the FY 2020-21 OP. Operating Budget Impact Comments FY23 FY24 FY25 FY26 FY27 FY28 Total Operating Budget Impacts - - - - Total FTE - - - - - - Project Map Schedule of Activities Project Activities From-To Amount Design 07/22-06/28 1,150,000 Site Acquisition 07/22-06/28 575,000 Construction 07/22-06/28 8,625,000 Contingencies 07/22-06/28 1,150,000 Total Budgetary Cost Estimate: 11,500,000 NO MAP REQUIRED Means of Financing Funding Subclass Amount Local Funding 11,500,000 Total Funding: 11,500,000 NogN R/VER R Ll p l/ i i z 00 re �� E l• z a o a VO SITE 1 t. i tilC)S 410* NO ,.....00.7 - \c' ' 14C O / ''''''\,...,, ,.\\10 __O I wFsr. NFck L------ Rp ll 0 ,. . >,.....„....., .., x ,< ---17 --L LOCATION MAP Legend - WEST NECK CREEK BRIDGE City Property CIP 100602 West Neck Creek Bridge 1 \-- 0 400 800 1,600Feet 'repared by P.W./Enq./Enq.Support Services Bureau 08/18/2022 X:\CADD\Proiects\ARC Files\West Neck Creek Bridoe Fiscal Years FY23 through FY28 Capital Improvement Program Project:PG100602 Title:West Neck Creek Bridge 'Status:Proposed Cat o :Flood Protection Department:Public Works Project Type Project Location Project Type:New Fad Construction/Expansion ' rkt: Princess Anne Programmed Funding Programmed Appropriated Budgeted Non-Appropriated Programmed OP Funding Funding Funding To Date FY23 FY24 FY25 FY26 FY27 FY28 Future 69,000,000 69.000,000 - - - - - Description and Scope This project is part of the Southern Rivers Flood Protection Program Master Project and includes design,property acquisition,and construction to build a series of in-water miter gates spaced similarly to the existing bridge piers.This gate would be tied into West Neck Road with earthen levees.To ensure floodwaters do not flank the gated system,the bridge and sections of West Neck Road on either side of the bridge would be raised.The gate will remain open outside of storm events and is expected to have a minimal impact on the everyday creek flow and habitat. Purpose and Need West Neck Creek allows a significant volume of floodwaters to inundate residential properties north of the bridge at West Neck Road.The West Neck Creek Bridge will effectively block the flood pathway originating from the North Landing River and West Neck Creek thereby providing protection to residential properties north of West Neck Road. History and Current Status This project first appeared in the FY 0.7-??CiP. Operating Budget Impact Comments FY23 FY24 FY25 FY26 FY27 FY28 Total Operating Budget Impacts - - - - - Total FTE - - - - - - Project Map Schedule of Activities Project Activities From-To Amount Design 07/22-06/28 8,970,000 Site Acquisition 07/22-06/28 1,380,000 Private Utility Adjustments 07/22-06/28 1,035,000 Construction 07/22-06/28 43,500,000 Contingencies 07/22-06/28 14,115,000 Total Budgetary Cost Estimate: 69,000,000 NO MAP REQUIRED Means of Financing Funding Subclass Amount Local Funding 69,000,000 Total Funding: 69,000,000 I ,s. i f lacy!, .e C, f: CITY OF VIRGINIA BEACH AGENDA ITEM I ITEM: A Resolution Declaring 2016, 2020, and 2036 Princess Anne Road to be a Revitalization Area in Order to Qualify for Virginia Housing Financing MEETING DATE: September 20, 2022 ■ Background: Virginia Housing (formerly Virginia Housing Development Authority) provides lower-cost financing for housing developments that provide affordable and mixed-income housing that serves varying populations within the same development. The Vanguard Landing, Inc. has proposed to develop a property for 180- occupants made up of 42 dwelling units on property located at 2016, 2020, and 2036 Princess Anne Road, such addresses are four tax parcels: GPIN 2413-19-9845-0000; 2413-19-1792-0000; 2413-19-6111-0000; and 2413-09-8432-0000. In order to qualify for Virginia Housing financing, the developer of Vanguard Landing has requested the City Council approve the attached resolution, which is required by State law before such financing can be provided by Virginia Housing. The City Council previously approved a Conditional Use Permit for housing for the disabled and a Conditional Change of Zoning from AG-1 and AG-2 Agricultural Districts to Conditional B-1A Limited Business District during its meeting on March 11, 2014. These properties were purchased with a loan from the City of Virginia Beach Development Authority (VBDA) and secured by a deed of trust held by the VBDA. That loan has been the subject of a default notice and forbearance by the VBDA. Vanguard Landing is currently in compliance with all of the conditions of the forbearance. ■ Considerations: The attached resolution is required if the project is to obtain the proposed funding. The subject property is within a federally designated Opportunity Zone. At the time of this project's approval the properties were located in what was formally the District 7 Princess Anne. The City's Districts have since changed, and this property is located within District 2. • Public Information: Normal Council Agenda process. ■ Recommendations: Adopt the attached resolution. • Attachments: Resolution; Exhibit A (GPIN listing and Site Plan); Disclosure Form Recommended Action: Approval Submitting Department/Agency: Department of Housing and Neighborhood I) Preservation City Manager: th) 1 A RESOLUTION DECLARING 2016, 2020, AND 2036 2 PRINCESS ANNE ROAD TO BE A REVITALIZATION 3 AREA IN ORDER TO QUALIFY FOR VIRGINIA 4 HOUSING FINANCING 5 6 WHEREAS, pursuant to Section 36-55.30:2(A) of the Code of Virginia, the City 7 Council of the City of Virginia Beach, Virginia, desires to designate an area as shown on 8 Exhibit A attached hereto with a street address of 2016, 2020, and 2036 Princess Anne 9 Road, which have four associated GPINs: 2413-19-9845-0000; 2413-19-1792-0000; 10 2413-19-6111-0000; and 2413-09-8432-0000 (the "Area") as a revitalization area; 11 12 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 13 VIRGINIA BEACH, VIRGINIA, THAT: 14 15 1. The Council makes the following determinations: 16 17 a. The industrial, commercial or other economic development of the Area will benefit 18 the City, but the Area lacks the housing needed to induce manufacturing, 19 industrial, commercial, governmental, educational, entertainment, community 20 development, healthcare or nonprofit enterprises or undertakings to locate or 21 remain in the Area; and 22 23 b. Private enterprises and investment are not reasonably expected, without 24 assistance, to produce the construction or rehabilitation of decent, safe and 25 sanitary housing and supporting facilities that will meet the needs to low- and 26 moderate-income persons and families in the Area and will induce other persons 27 and families to live within the Area and thereby create a desirable economic mix 28 of residents in the Area. 29 30 2. Pursuant to § 36-55.30:2(A)of the Code of Virginia, the Area is hereby designated 31 as a revitalization area. 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: '1\ \K Housing and Neighborhood C o y's Office Preservation CA15919 R-3 September 14, 2022 Exhibit A—Vanguard Landing, Inc. Princess Anne Road ep (-- leg '''' - 4ir 4,1 iiis 4 .t!,. --\ 4, laik Of ...4(.10 4 46,. - 1111.. Eg ft 4 fir _,'_ .- is l''4,,_4' q ----, \-__ jr ,1444. :14 &.. ea "I'Via III Ili 4frts IS - ' ,,a c, an lit 440 !4*,' �_, .1 . JIlialiff 97* *VII _ 0 14 • 4tPsy ' \ filhelli , iw-04-, 4PP St-4 .1.174 Ailieiq, i Y, Ail > -,.,..... 141! i• T ` V , o O " ri v t J q 1 9 Y Location Map and Site Layout-GPINs 2413-09-8432, 2413-19-6111, 2413-19-1792, 2413-19-9845 Exhibit A-Vanguard Landing, Inc. Princess Anne Road A __� ,� ,nc� .. ....«...rlasiw•tNfJfgl�4 . ewe F 4�s• ls' mow•• O" , ?4 r iii, Mtss - • .. , sem saass g A f q II ii .1 . .11 t hi s< r I I I i I i I I .I II II II 11 I 1 f1P i'Li 1 :1 it :1! : t :f #leigilct4ii:tig'ila: � ttt 11 �: H �ill cli g 60e 6 Q u o o O 6 9 6 C6 WI! il 1ti i.: 41 T. i 10 .: ;► t ' t 7 � t ii '. 1 . 1 1 4. 1,,,.. ..1 ,- l ii ♦.I t •t it : r:# r i11tt i , I INC iE arm KU . . . \ '\ I , , ..-- ..4.. mei gli tSirttliti I ' I � �� -r- . ,,‘ , rilrumgrOraliFirt A : 1 1 r. ,.., . 4, ., , / ,- - c----,tor i Itlifrii 11 t: La I t. 'irrp i 1, !i I .i'c ',Ili, I! -. I I grOpto ' 't - ll ipk.. i Ora *...... ! E r 3 r i II 1,;, I •, . i E....)', 1 fr ; ir1. i I , . ,..____- ,1 ', iii.... )1(Labillair-IV III 1 ► , li ' _ , •� , ' `'tea � !r� I , h 2 ' ... t �" M R' o ` I . I 4 i . .. . . _ "la / `!, .. w :i., . ..r..,,,,,,,..... ., • Ili • - . , ph _.-„,: 4,' I ; IC '. ...-----. , ,.... .„ VII -.;-: :.hi 1 , i! ,, ,, 1 .-7/7;\\ IC-4, !11L ( 'I. -- a=---------: 1) ( 1 --------- --- ill ......,‘r„,,.....ii...., , _ vii 1 ..., arn� II .1 it il /.... .Z.1, / • f' Location Map and Site Layout-GPINs 2413-09-8432, 2413-19-6111, 2413-19-1792, 2413-19-9845 DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications wherein such applicant may utilize certain service providers or financial institutions, and the City seeks to know of the existence of such relationships in advance of any vote upon such application. SECTION 1 / APPLICANT DISCLOSURE Organization name: VANGUARD LANDING SECTION 2. SERVICES DISCLOSURE Are any of the following services being provided in connection with the applicant? If the answer to any item is YES, please identify the firm or individual providing the service: YES NO SERVICE PROVIDER (use additional sheets if needed) n Accounting and/or preparer of C Wood & Co, LLC your tax return Financial Services (include Towne Bank, Truist, lending/banking institutions and Virginia Asset Group current mortgage holders as applicable) Eddie Bourdon, John Faber, (� El Legal Services Eckert Seamans - DC Berkadia, \if n Broker/Contractor/Engineer/Other McKenzie Construction, Service Providers MSA, CHA Architects, PACE, Sinclair Pratt Cameron CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand I am responsible for updating the information provided herein if it changes prior to the Council action upon this Application. 4C44) ,XQtaLic abr-„_ 1-3ea 0/GM APPLICANT'S SIGNATURE PRINT NAME 1 DATE ire�QG�:r�C`y. (tit.,. ; �V'bV V: CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize Temporary Encroachments into a portion of City- owned property known as Blue Gill Inlet a/k/a 352 Tuna Lane, and a 5' Drainage and Utility Easement, all located at the rear of 2789 Sandpiper Road MEETING DATE: September 20, 2022 • Background: William F. Dingler, Jr. and Mary E. Dingler (the "Applicants") have requested permission to construct and maintain a walkway, wood dock, gangway, floating dock, and bulkhead with two returns, and to maintain an existing inground pool surrounded by concrete (the "Encroachments") into City-owned property known as Blue Gill Inlet a/k/a 352 Tuna Lane (GPIN: 2433-27-3415), and an existing 5' drainage and utility easement, located at the rear of their property at 2789 Sandpiper Road (GPIN: 2433-26-7911 & 2433-26-6950). • Considerations: City staff reviewed the Encroachments and have recommended approval of same, subject to certain conditions outlined in the Agreement. There are similar encroachments in Blue Gill Inlet, which is where the Applicants requested to encroach. • Public Information: Public notice will be provided via the normal City Council agenda process. • Alternatives: Deny the Encroachments or add conditions as desired by Council. • Recommendations: Approve the request subject to the terms and conditions of the Agreement. • Attachments: Ordinance, Exhibit, Agreement, Pictures, Location Map, and Disclosure Statement Form. Recommended Action: Approval Submitting Department/Agency: Public Works/Real Estate` City Manager: eiv 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS INTO 5 A PORTION OF CITY-OWNED 6 PROPERTY KNOWN AS BLUE GILL 7 INLET A/K/A 352 TUNA LANE, AND A 5' 8 DRAINAGE AND UTILITY EASEMENT, 9 LOCATED AT THE REAR OF 2789 10 SANDPIPER ROAD 11 12 WHEREAS, William F. Dingier, Jr. and Mary E. Dingier(the "Dinglers") have 13 requested permission to construct and maintain a 4' x 10'8"walkway, 10' x 20' wood dock, 14 10'6"x 3' gangway, 12' x 6' floating dock, and 79'6" bulkhead with two (2)6' returns, and to 15 maintain an existing inground pool surrounded by concrete (collectively, the 16 "Encroachments") within the City's property known as Blue Gill Inlet a/k/a 352 Tuna Lane 17 (GPIN: 2433-27-3415), and an 5' existing drainage and utility easement, located at the rear 18 of the Dinglers' property at 2789 Sandpiper Road (GPIN: 2433-26-7911 and 2433-26- 19 6950); and 20 21 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 22 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 23 the City's property and easements subject to such terms and conditions as Council may 24 prescribe. 25 26 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 27 VIRGINIA BEACH, VIRGINIA: 28 29 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 30 2009 and 15.2-2107, Code of Virginia, 1950, as amended, the Dinglers, their heirs, assigns 31 and successors in title are authorized to construct and maintain the Encroachments within 32 the City's property and easements as shown on the map entitled: "EXHIBIT 'A' 33 ENCROACHMENT REQUEST FOR: BULKHEAD, WALKWAY RAMP, FIXED DOCK, 34 GANGWAY, FLOATING DOCK, WATERWAY: BLUEGILL INLET FOR: WILLIAM F. 35 DINGLER, JR. & MARY E. DINGLER LOT 69, SANDBRIDGE BEACH, SECTION 2 GPIN: 36 2433-26-7911 MB 38 P 53," having a Scale of 1" = 30', dated June 14, 2022, and prepared 37 by Sigma Environmental Services, Inc., a copy of which is attached hereto as Exhibit A, 38 and on file in the Department of Public Works and to which reference is made for a more 39 particular description; 40 41 BE IT FURTHER ORDAINED, that the Encroachments are expressly subject 42 to those terms, conditions and criteria contained in the agreement between the City of 43 Virginia Beach and the Dinglers(the "Agreement"), an unexecuted copy of which has been 44 presented to the Council in its agenda, and will be recorded among the records of the 45 Clerk's Office of the Circuit Court of the City of Virginia Beach; 46 47 BE IT FURTHER ORDAINED, that the City Manager or his authorized 48 designee is hereby authorized to execute the Agreement; and 49 50 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 51 such time as the Dinglers and the City Manager or his authorized designee execute the 52 Agreement. 53 54 Adopted by the Council of the City of Virginia Beach, Virginia, on the 55 day of , 2022. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: P (42 a,- r,,L,N__v___C,J.... .."1,%_, P BL C WOKS, REAL ESTATE C\, DAN . HAR!/IEYER SENI R CITY ATTORNEY CA15622 R-1 Prepared: 08/15/2022 \\vbgov.com\dfsl\applications\citylaw\cycom32\wpdocs\d015\p043\00824432.doc PLAN VIEW] MP38P53 SCALE. 1" = 30' WATERWAY WIDTH N/F CITY OF VIRGINIA BEACH BLUEGILL INLET MHW-MHW APPROX.90' BLUEGILL INLET AKA 352 TUNA LANE GPIN 2433273415 / , MB 103 P 24 . INSTR.#20070522000686140 GANGWAY FLOOD 18.5' oli FLOATING DOCK -• ••._ 20' N10' , 12'10. f EBB 10,A 10,� t n`(• {�4 1i►i�9- -&•-.---.-•-•- MLW ^FT)!;F C1F PHRAC MITFS MARSH -� 3' -20'~------- -20'8' _ 4'WALKWAY 6' 1 PROPOSED 79'6"BULKHEAD •�.- •--- - E--"•--- -•- s--- MHW WITH TWO(2)6'RETURNS 10'TELEPHONE LINE EASEMENT + I MB 78 P 50 ,10'—: 10'8" + 2' i , N 10'48'00-W 80.00' S' , N/F WILLIAM F.&MARY E.DINGLER— T POOL f T GPIN 2433266950 ; N r • DRAINAGE&UTILITY EASEMENT DB 3378,P 1492(PLAT) ; '-- -; INSTR.#202103033802 • CONCRETE DECK 1 1 1 .• Liu g _ .................... 4--WOOD FENCE 0 _ EEh DECK h. 1 3 3 N , = LOT 69 N/F WILLIAM F.&MARY E. DINGLER = LOT 70 LOT 68 = SANDBRIDGE BEACH, ; - SECTION 2,TRACT B o N/F ROBERT W.&LINDA.FOX MB 38 P 53 ~ N/F ROBERT S HOBBS SANDBRIDGE BEACH, SANDBRIDGE BEACH, 1 SECTION 2,TRACT B SECTION 2,TRACT B E GPIN 2433-26-7911 m MB 261 P 74 =INSTR.#20130503000512840 MB 38 P 53 .-& 3 GPIN 2433-26-6999 GPIN 2433-26-7844 ; S INSTR.#201700092255 INSTR.#199701766204 ' " k' `^ CONCRETE � • • DRIVEWAY• • • • f'?� �' 2789.. s, r 3'DRAINAGE&UTILITY EASEMENT 00- -'. -'.'• . . -'•'•'•' -► 4 , .D __ >r ' MEM'- t • • • • • i 0 zi, „? No. ..r, , S 10`48'00-E 80.00' iv t 260'TOTUNA LANE 15734 4 SANDPIPER ROAD (60'R/W) 0.C' 1 -.) 4. r,./ GRAPHIC SCALE '‘ —�- 0 10 20 30 MB 38 P 53 ` 1 L r.-- !!!!-I1 MATERIALS: 'i*a.�,•�- BULKHEAD-WOOD PILES,TOP CAP&WHALES SHEETING:-WOOD OR VINYL WALKWAY,DOCK,GANGWAY:-WOOD PILES,FRAMIMG& E SIGMA ENVIRONMENTAL SERVICES, INC. DECKING 1513 SANDBRIDGE ROAD FLOATING DOCK:-VINYL FLOATS,WOOD FRAMING&DECK VIRGINIA BEACH,VIRGINIA 23456 (757)615-9974 EXHIBIT"A" WATERWAY:BLUEGILL INLET PROJECT:BULKHEAD,WALKWAY RAMP, FOR: WILLIAM F.DINGLER,JR.& FIXED DOCK,GANGWAY,FLOATING DOCK ENCROACHMENT REQUEST FOR: MARY E.DINGLER BULKHEAD,WALKWAY RAMP,FIXED LOT 69,SANDBRIDGE BEACH,SECTION 2 DOCK,GANGWAY,FLOATING DOCK GPIN:2433-26-7911 MB 38 P 53 DATUM: 0.00'MLW=-1.3'NAVD 1988 • PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C)(4) THIS AGREEMENT, made this / q day of (4 , 20042,1 by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and WILLIAM F. DINGLER JR. and MARY E. DINGLER, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, collectively "Grantee", even though more than one. WITNESSETH: WHEREAS, the Grantee is the owner of those certain lots, tracts, or parcels of land designated and described as Lot "69" and as shown on that certain plat entitled: "TRACT B SECTION 2 SANDBRIDGE BEACH PRINCESS ANNE COUNTY VA," Scale: 1" = 100', dated April 27, 1955, prepared by WB Gallup, County Surveyor, which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 38, at page 53, together with the adjacent parcel known as GPIN: 2433-26-6950 as shown on that certain plat entitled: "SANDBRIDGE SHORES SECTION 1A — SOUTH AREA PRINCESS ANNE BOROUGH VIRGINIA BEACH, VA," Scale: 1" = 100', dated February 14, 1966, prepared by Palmer L. Smith C.L.S., which plat is recorded in the aforesaid Clerk's Office in Map Book 72, at page 2, all being further designated and known, and collectively described as 2789 Sandpiper Road, Virginia Beach, Virginia 23456; WHEREAS, it is proposed by the Grantee to construct and maintain a 4' x GPIN: 2433-27-3415 (CITY PROPERTY KNOWN AS BLUE GILL INLET a/k/a 352 TUNA LANE) 2433-26-7911 & 2433-26-6950 (2789 SANDPIPER ROAD) 10'8" walkway, 10' x 20' wood dock, 10'6" x 3' gangway, 12' x 6' floating dock, and 79'6" bulkhead with two (2) 6' returns, and to maintain an existing inground pool and concrete collectively, the "Temporary Encroachment", in the City of Virginia Beach; and WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of a City-owned property known as Bluegill Inlet a/k/a 352 Tuna Lane (GPIN: 2433-27-3415), and a 5' drainage and utility easement, the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1 .00), cash in hand paid to the City, receipt and sufficiency of which are hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT 'A' ENCROACHMENT REQUEST FOR: BULKHEAD, WALKWAY RAMP, FIXED DOCK, GANGWAY, FLOATING DOCK, WATERWAY: BLUEGILL INLET FOR: WILLIAM F. DINGLER, JR. & MARY E. DINGLER LOT 69, SANDBRIDGE BEACH, SECTION 2 GPIN: 2433-26-7911 MB 38 P 53," Scale: 1" = 30', dated June 14, 2022, prepared by Sigma Environmental Services, Inc., a copy of which is 2 attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. 3 It is further expressly understood that any existing encroachment referenced in the Exhibit or this Agreement are the ongoing maintenance obligation of the Grantee and the City disclaims any ownership interest or maintenance obligation of such encroachment. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00 per person injured and property damage per incident, combined, with the City listed as an additional insured. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the 4 Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, WILLIAM F. DINGLER, JR. AND MARY E. DINGLER, the said Grantee, have caused this Agreement to be executed by their signatures. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 5 CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 20 , by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 20_, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: 6 ghket:4 a:;/6 i. WILLIAM F. DINGLER, JR. i 71, /4/,c /(Y F, ARY DINGLER STATE OF \( \GL- CITY/COUNTY OF L) (J r , to-wit: The foregoing instrument was acknowledged before me this 9 .y of /-11 t,i.) 1 , 20; , by William F. Dingier, Jr. and M.ry E. e'ngler '41 _ _ _ Alr , / SEAL) Notary Public \p,W. Tq %,, Notary Registration Number: �I j/,�/_/^ -ef_ N`"E,I� '� (.Dt1J _ -, Expire �1, My Commission Expires: J1/ a 4/ 1 7515662 2\ z ' RG►N�P \O %,,rq R Y Pv�,\s`\', Nrr,r,Nrrrun ,N,\iu,, APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM P B C WOR S/REAL ESTATE DA A . HAIWMEYE SENIO ITY ATTORNEY 7 PLAN VIEW MP38P53 SCALE: 1" = 30' WATERWAY WIDTH N/F CITY OF VIRGINIA BEACH BLUEGILL INLET MHW-MHW BLUEGILL INLET AKA 352 TUNA LANE APPROX.90' GPIN 2433273415 / • MB 103 P 24 INSTR.#20070522000686140 GANGWAY 18.5' ► FLOOD II 10'6" 12' FLOATING DOCK S 201 EBB N• ►'1 II. ► 10' D"c(• r -a.-.-.-.-.-.- MLW Fr)GF nF PHRA(MITFS MARSH ••• 3' -20' --- - 20 8,, =t-4'WALKWAY 6' 4, PROPOSED 79'6"BULKHEAD T-•-.-• ---'- -•-'-- r-•- MHW WITH TWO(2)6'RETURNS 10'TELEPHONE LINE EASEMENT + I M B 78 P 50 10'---: 10'8" . 2' ~--- N 10'48'00"W 80.00'� 5' N/F WILLIAM F.&MARY E.DINGLER— ' T POOL f 7.GPIN 2433266950 N r DRAINAGE&UTILITY EASEMENT DB 3378,P 1492(PLAT) 1-- -1 INSTR.#202103033802 CONCRETE DECK 1 1 -- , [iil([ _JI ; 4--WOOD FENCE o B DECK i 71 _ — LOT 69 - N/F WILLIAM F.&MARY E. = DINGLER LOT 68 =• SANDBRIDGE BEACH, LOT 70 il o N/F ROBERT W.&LINDA.FOX N/F ROBERT 5 HOBBS , SECTION 2,TRACT B o SANDBRIDGE BEACH, SANDBRIDGE BEACH, — MB 38 P 53 1 N ,--' GPIN 2433-26-7911 i SECTION 2,TRACT B SECTION 2,TRACT B MB 38 P 53 = MB 261 P 74 INSTR.#20130503000512840 1 3 _ •I • GPIN 2433-26-6999 GPIN 2433-26-7844 ; $ INSTR.#201700092255 INSTR.#199701766204 ' ' 1 O ' , 1 ▪ •CONCRETE• - - • 1 w' DRIVEWAY• • • • f ? A ,`r 3'DRAINAGE&UTILITY EASEMENT ' 2789. -I* °°�� 1 " MEKif- K-, Y 1 1 o a 1.? No. x i • S10'48'00-E 80.00 c. 260'TOTUNA LANE 15734 ! 14 -47-z") SANDPIPER ROAD (60'R/W) .C, L GRAPHIC SCALE . _ _•• MB38 P53 ` ~ " "1-1-6-len MATERIALS: No, + BULKHEAD-WOOD PILES,TOP CAP&WHALES SHEETING:-WOOD OR VINYL WALKWAY,DOCK,GANGWAY:-WOOD PILES,FRAMIMG& E SIGMA ENVIRONMENTAL SERVICES, INC. DECKING 1513 SANDBRIDGE ROAD FLOATING DOCK:-VINYL FLOATS,WOOD FRAMING&DECK VIRGINIA BEACH,VIRGINIA 23456 (757)615-9974 EXHIBIT"A" WATERWAY:BLUEGILL INLET PROJECT:BULKHEAD,WALKWAY RAMP, FOR: WILLIAM F.DINGLER,JR.& FIXED DOCK,GANGWAY,FLOATING DOCK ENCROACHMENT REQUEST FOR: MARY E.DINGLER BULKHEAD,WALKWAY RAMP,FIXED LOT 69,SANDBRIDGE BEACH,SECTION 2 DOCK,GANGWAY,FLOATING DOCK GPIN:2433-26-7911 MB 38 P 53 DATUM: 0.00'MLW=-1.3'NAVD 1988 ' i „ T.':- ' ' . -.' .. ..• - - (Y. I ),11Q.,:',4' 1. 4-:*. ir 4: ,' i i , . . k . .. -—it i £ ' --•-:,_ r: 1/1 . _. . ,.. - I? ttl.',S,V Niet..141.: #:,!‘• ' ' ‘,.' :, — `,. 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(� r j O �, 1 \ \:i:t, ___-, 1 0 \ \ \ \----\ , ,,,,,A ___, ---.\‘ ( 1 ` \ i 2433-26-7911 \ , ,------, , \ r...„, l\ ,-- . ,-------', 0 \ _ .,._.,. \ \ ,---\\ .._ = ,.._ _- -1 Q (-7---j f <0 13 \,___________\ - 1 O j'-r, FzE , < �-r 1---- \ \ 1 1 c' '` `� � ---- \ _-.: \,--------"S ` 1 f \ \-: __----\\ c,\ -------- _..- ..-----;::—NT'\ C \__.-,\ \ LOCATION MAP \' ,\try \ _'� ENCROACHMENT REQUEST FOR MARY & WILLIAM DINGLER \ PLN 2789 SANDPIPER ROAD Legend \„! wN GPIN 2433-26-7911 City Properties —H -'"� Feet IIMI 2433-26-7911 0 50 100 200 _ .. _._.._ ._ .. ... ... ,..,,.,,..___,, v.\nnnn\n :,. a.\no r:.. \AlCAInA \AAnG\1A00 nc n Disclosure Statement &ui,t: r Planning&Como nit- f. `� - Development _ - -- R l Yam. 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 William&Mary Dingier Does the applicant have a representative? ®Yes ❑ No o If yes,list the name of the representative. Sigma Environmental Services,Inc. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? ❑ Yes ® No e If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) a If yes,list the businesses that have a parent-subsidiary'or affiliated business entity2 relationship with the applicant. (Attach a list if necessary) '"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. 2"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revis_c 11.09.202 Wage Del des nt, s s J�+g -"'� rr� a G271j 8�1rtF7JtiJ3(:i'sx:a�7 .. Planningia: Development • Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?0 Yes El No O 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-coliateralization,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 S No a 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 WA 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 I No 9 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 al 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 I No a If yes,identify the purchaser and purchaser's service providers. revised 11.D9.2Q2O 2 I P a g e Disclosure_Statement City of E i X• _ Planning fSz Community _yr - De Selo rent 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?0 Yes t`I No a 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? Si Yes 0 No 0 If yes,identify the firm and individual providing the service. Sigma Environmental Services,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. 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. Plifee,40 1° /tt ?1"/ ,A60 Lkiy Applicant Signature William Dingier & Mary Dingier Print Name and Title 3//012-2--' 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 i No changes as of Date Signature Print Name Revised 1.1.09.2020 3 1 2 a s rP.P0'341.8-1, t ) 3.)-1—s.‘14:: ., :; CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Authorize Temporary Encroachments into Portions of City Rights-of-Way Known as 20th Street, Baltic Avenue and Arctic Avenue for the Atlantic Park Development Project. MEETING DATE: September 20, 2022 • Background: As part of the Atlantic Park development project, Atlantic Park, Inc., a Virginia corporation, and the City of Virginia Beach Development Authority (collectively, the "Applicants") have requested permission to construct and maintain the following temporary encroachments into portions of City rights-of- way (collectively, the "Encroachments") (dimensions represent furthest points of encroachment): (A) a 27.6' x 1.5' (39 sq. ft.) concrete patio and 3' tall landscaping retaining wall, 9' x 13.4' (72 sq. ft.) concrete steps and 27.2' x 4.5' (98 sq. ft.) concrete ramp along 20th Street; (B) 7.6' x 3' (23 sq. ft.) concrete steps, 3.1' x 3' (9 sq. ft.) concrete steps, 32.2' x 3' (98 sq. ft.) concrete landscape 2.5' tall retaining wall and patio and 9.3' x 3' (23 sq. ft.) concrete steps along Baltic Avenue; and (C) 36.1' x 5.9' (131 sq. ft.) concrete 2nd floor balcony 16'1" above ground level along Arctic Avenue. The above-listed Encroachments are more specifically shown on Exhibit A attached to the Ordinance. The Encroachments do not qualify for administrative approval under the Oceanfront Resort District Form-Based Code (the "OR Code"); therefore, the Applicants are requesting approval by City Council. • Considerations: City staff reviewed the Encroachments and have recommended approval of same, subject to certain conditions outlined in the Agreement. In addition to the subject Encroachments, the Applicants have also included in their application a request for approval of various other encroachments (e.g. landscaping, irrigation, enhanced streetscapes and underground utility conduit) that qualify for administrative approval under the OR Code (the "Administrative Encroachments"). The general location and description of the Administrative Encroachments are shown on the Location Map included with this agenda item. Once the project is complete, the Agreement would be amended to include "as- built" detailed exhibits showing the specific size and location of the Encroachments and the Administrative Encroachments. This is the same process as similar encroachments located in the Town Center area of the City. The Administrative Encroachments are presented for information purposes only and are not included in this request for City Council approval of the subject Encroachments. ■ Public Information: Public notice will be provided via the normal City Council agenda process. ■ Alternatives: Approve the Encroachments as presented, deny the Encroachments, or add conditions as desired by City Council. ■ Recommendations: Approve the request subject to the terms and conditions of the Agreement. ■ Attachments: Ordinance, Exhibit, Agreement, Location Map, and Disclosure Statement. Recommended Action: Approval Submitting Department/Agency: Public Works/Real Estate Vi iw City Manager: Pip 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE TEMPORARY 4 ENCROACHMENTS INTO PORTIONS OF CITY 5 RIGHTS-OF-WAY KNOWN AS 20th STREET, BALTIC 6 AVENUE AND ARCTIC AVENUE FOR THE ATLANTIC 7 PARK DEVELOPMENT PROJECT. 8 9 WHEREAS, as a part of the Atlantic Park development project, Atlantic Park, Inc., a 10 Virginia corporation, and the City of Virginia Beach Development Authority(collectively, the 11 "Applicants") have requested permission to construct and maintain the following temporary 12 encroachments into portions of City rights-of-way (the "Temporary Encroachments") 13 (dimensions represent furthest points of encroachment): 14 15 (A) a 27.6' x 1 .5' (39 sq. ft.) concrete patio and 3' tall landscaping retaining 16 wall, 9' x 13.4' (72 sq. ft.) concrete steps and 27.2' x 4.5' (98 sq. ft.)concrete 17 ramp along 20th Street; 18 19 (B) 7.6' x 3' (23 sq. ft.) concrete steps, 3.1' x 3' (9 sq. ft.) concrete steps, 20 32.2' x 3' (98 sq. ft.) concrete landscape 2.5' tall retaining wall and patio and 21 9.3' x 3' (23 sq. ft.) concrete steps along Baltic Avenue; and 22 23 (C) 36.1' x 5.9' (131 sq. ft.) concrete 2nd story balcony 16'1" above ground 24 level along Arctic Avenue. 25 26 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, 27 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 28 City's rights-of-way subject to such terms and conditions as Council may prescribe. 29 30 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 31 VIRGINIA BEACH, VIRGINIA: 32 33 That pursuant to the authority and to the extent thereof contained in §§ 15.2-2009 34 and 15.2-2107, Code of Virginia, 1950, as amended, the Applicants, their heirs, assigns 35 and successors in title are authorized to construct and maintain the Encroachments within 36 the City's rights-of-way as shown on the exhibit map entitled: "EXHIBIT A SHOWING 37 PROPOSED ENCROACHMENTS FOR ATLANTIC PARK, INC. PROPOSED SITE 38 VIRGINIA BEACH, VIRGINIA", dated August 29, 2022, revised through September 7, 39 2022, a copy of which is attached hereto as Exhibit A, and on file in the Department of 40 Public Works and to which reference is made for a more particular description; 41 42 BE IT FURTHER ORDAINED, that the Encroachments are expressly subject to 43 those terms, conditions and criteria contained in the agreement between the City of Virginia 44 Beach and the Applicants (the "Agreement"), an unexecuted copy of which has been 45 presented to the Council in its agenda, and will be recorded among the records of the 46 Clerk's Office of the Circuit Court of the City of Virginia Beach; 47 48 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee is 49 hereby authorized to execute the Agreement; and 50 51 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such 52 time as the Applicants and the City Manager or his authorized designee execute the 53 Agreement. 54 55 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 56 , 2022. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: P BL WORK , REAL ESTATE CITY ATTORNEY CA15801 \\vbgov.com\dfsl\applications\citylaw\cycom32\wpdocs\d006\p039\00829194.doc R-1 September 8, 2022 EXHIBIT A (Page 1 of 4) A - - , i - L.:„..._,,,A, jo N ,__ q 'a i 1,4 20TH STREET i ; (80' PUBLIC R W l!`Iiiiiirig0' ..1CN.B. 1, PG. 20b) �C 39 SF CONCRETE I 72 SF 98 SF PATIO AND I ; CONCRETE CONCRETE 7 3.0' TALL I STEPS RAMP - LANDSCAPING 11111.'1 : ,� ;�_ RETAINING WALL' •.� N76'09'58"E MP. O 0 O t o C O e .•.•e - 111 ' �` 500.00' o � p, • F 17.2 ° r .a°O• c 21.7' C r _ 8 7 ° c i y c G • G ` 1_5' j/' :=LU 4.5 ,� ; �. j \ _12.8' -°F- -27.6' S*°� 26.6' ' r134' 27.2. _ ;- k— a _, _ a --- �Z _ ,r--t I EXISTING RJW a . I k Z• ILI *- ' ' \ , K-i I `J PROPOSED R/W L7 ,' i • ' r+,,'w / .a e' 1 4' \ N13'50 02 W ;� I i �ROPOSED UNDERGROUND R/W � a 25.00 _ ` I ,t, k i Qi CITY OF VIRGIN/A BEACH ! 1-— y �— ! DEVELOPMENT A UTHORI Ti�� NORTH BUILDIIl''G -a . o M.B. 1, PG. 20b) h 1 `v I , IN 201902120001 14390li ' 1 - -1 r- vC I LOT 18 i LOT 16 LOT 20 1 2427-07-8889 i 12, _7-07-.9941 I) ,co ' = sc 2427-07-8848 TR y Ce 0 IC6 '1 "I1 BLOCK I.,,', o 4) rn i i , 40 v . 0 _. 4/ / Gs Qa" . UT`T n \�\ \ j C��91 f TE E ' DA r ID B. D 1 4 I, : 0w,0,) e D1 Lie. o. 2299 NOTE:PROPOSED RAN LINE AND PROPOSED UNDERGROUND 160 2/0.1 Qc 44, RAN LINE ARE CONTINGENT ON FINALIZATION OF STREET ' CLOSURES. 0 10 20 �KimIeyHorn PROPOSEDENCROACHMENTS FOR 4525 MAIN STREr,�„h 1000.ViRGIN;A�, ,,VA 23482 ATLANTIC PARK, INC. 757-213- ' W'4•4 KIYLEY-MORN.COY 1 PROPOSED SITE PROJECT# 116607010 SHEET 1 OF 4 j1 VIRGINIA BEACH,VIRGINIA AUGUST 29, 2022 REVISED 9/7/22 SCALE: 1"=20' EXHIBIT A (Page 2 of 4) •i/ - .' ,.:4L-11._ ..„1.-;: , . _ II . ,. , ii • - o ; t � - - - '1 :�,: LOT 3 ,') .EXISTING R/W' :2 27-07-3634: - M : 23 SF CONCRETE STEPS :n ! ' _ 9 SF CONCRETE STEPS -: $ 1., g � L. •,, i _,.:, ...�_ F. R /N/A EACH - \O 3 CITY OF V/ C cV it p '° :.• OEVEL OPMMNT AUTHOR/TY` <.) ci , ill •. (M.B. 8, PG 5) tf v j56,' 41 8.4'i 07 01t / 0007 143 0 I P . /N 2 . ► 'pa t -�.— - ' - '-_ _ NORTHWEST BUILDING I --' �� 98 SF CONCRETE `d- OIII I- EU 6 LANDSCAPE 2.5' TALL (a I — �- �� RETAINING WALL p o= ��' AND PATIO I 32.2' I -.� i LOT 1 B - LOT 1 A N 12427-07-3536. I 2427-07-3660- I i gc4 I 'I.i I I ��; 23 SF CONCRETE M I i ' STEPS = 4 9:3' : --:.�. i!II i • ,71 ' \i"ti 95.60' 'q"!-' PROPOSED R/W I , * it —•, . 1 i f ALTH -, _rwiiim,___—....* p �4% • EXISTING R/W pA / Arrr a 19. H STREET 1p� t (80' PUBLIC R/W) �, , $01QNAL 6 (M.B. 7, PG. 208)II '" NOTE:PROPOSED RNJ LINE AND PROPOSED UNDERGROUND 0 10' 20' RNV LINE ARE CONTINGENT ON FINALIZATION OF STREET CLOSURES. 1=1.i EXHIBIT A SHOWING Kim1ey >Horn PROPOSED ENCROACHMENTS FOR 4525 MAIN SHEET.SUM 1000.WOW BEAM.VA 23442 P,IQE:757-213-S$QO ATLANTICPARK, INC. mi.:f`rt-No*4.c" PROPOSED SITE PROJECT#116607010 SHEET 2 OF 4 VIRG INIABEACH,W2GINIA AUGUST 29,2022 REVISED 917122 SCALE: 1 h=20' EXHIBIT A (Page 3 of 4) __ -- - ,a.,):: 1 :\ ® ,1r Q- I I( 1 1 „ H �� PROPOSED UNDERGROUND R/W = 2427-07-7723 �l � PROPOSED R/W . -z--s----.._- ' _.._ -------------.---3. . . = - - EXISTING R/W a yI .\ 0)_, NORTHWEST BUILDING �•\ w .�.. „' -in !itii1I- fill --j - tt w1 -;. I-J - . CITY OF V/ G/N/A BEACH in - I• G 3, M DEVELOPMENT AUTHOR/T J ` (M.B. 8, PG. 5) ` ,r IN 20190212000 7 74,390 - III LOT 15 ,\ 2427 07-7639 131 SF I° M. CONCRETE N ow (1) LOCK i 2ND STORY { BALCONY 116 D '� (SEE SECTION ' 5.9''h 36.1' LLI - - - - — ON SHEET 4) � -Q LOT 14 4 ct r-7---ii 1 -1 2427-07-7645 �— t _.. , ____, _._. re z y� Ue , .-1 cL 1 _ � - EXISTING R/W___------ 24.8' MIN jA , c�>S•nR "w inn ram' - • . . ' k 0 / 19TH STREET ,s0,1,T1i0A., . (80' PUBLIC R/14/) • N.B. 7 PG. 208) ;-- i � / ' COc,RiH S g YI ss 1 1t. / 3g�",' pNF I . s le' 24"W D./ — I 24W -� I •' = ' , •NOTE:PROPOSED R1W LINE AND PROPOSED UNDERGROUND 0 1 0' 20' CI R!W LINE ARE CONTINGENT ON FINALIZATION OF STREET 1 .1111 ' 'ZONAL CLOSURES. EXHIBIT A SNOWING Kimley>> H o r n PROPOSEDENCROACHMENTS FOR 4525 MAIN STREET.SUITE 1000.NRfONIA BEACH,VA 2362 PHONE: 75T-213-B600 ATLANTICPARK, INC. wlwr.wLEY-HORN.COM PROPOSED SITE PROJECT# 116607010 SHEET 3 OF 4 VIRGINIA BEACH,VIRGINIA AUGUST 29, 2022 REVISED 917122 SCALE: 1"=20' EXHIBIT A (Page 4 of 4) RESIDENTIAL OUTDOOR M1EMTY 4r LAMINATED(HASS (FOR RESIDENCE API)RESIDENCE GUEST ONLY) PONT!ATRIAL rVARIES -lii-JC(I-10 I11'I el F COMMERCIAL i NWC 122 g PROP UNE EL1r•r =I 11=1 11= • '▪ �1= 11=1 V--1 11=1 I I=111-111=i 1 —I t —�i t—� —� 1—I 1 I--I 1 I—III—I I I—I I I—III-1 1I— PROJECT Pr 20190478 I I 09/07m I ARCH SKETCH-SOUTHEAST CORNER PROPERTY UNE OVERHANG 4Tao�k o A 'DAVID Dr D to,g 491 16Q22r4).6141 gZONAL EXHIBIT Kimlev >)Horn PROPOSED ENCROACHMENTS FOR 4525 wu 5110E1.501E t000 n101w0 BEAM VA 2302 ATLANTIC PARK,INC. """ "—' "'.0 PROPOSED SITE PROJECT#116607010 SHEET 4 OF 4 AROMA BEACH,V„RG, , AUGUST 29,2022 REVISED 9/7/22 SCALE: 1"=20' PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) THIS AGREEMENT, made this day of , 20 , by and between the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, herein referred to as "City" (Grantor for recording purposes), and ATLANTIC PARK, INC., a Virginia corporation, herein referred to as "Developer" (Grantee for recording purposes), ITS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, and the CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY, a political subdivision of the Commonwealth of Virginia, herein referred to as "VBDA" (Grantee for recording purposes). WITNESSETH: WHEREAS, the VBDA is the owner of that certain lot, tract, or parcel of land designated and described as Lots 1-20, Block 40, as shown on that certain plat entitled: "VIRGINIA BEACH", dated April 1901 , which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia (the "Clerk's Office") in Map Book 1 , at page 20B, and also shown on that certain plat entitled: "PLAT SHOWING RIGHT-OF-WAY TO BE ESTABLISHED BY THE CITY OF VIRGINIA BEACH, VIRGINIA FOR 19TH STREET CORRIDOR IMPROVEMENTS CIP 9-069 VIRGINIA BEACH, VIRGINIA", prepared by Rouse-Sirine Associates, Ltd, dated July 29, 2007, which plat is recorded in the Clerk's Office as Instrument Number 20080611000691110. GPINs: CITY RIGHTS-OF-WAY KNOWN AS BALTIC AVENUE, ARCTIC AVENUE & 20TH STREET (NO GPINs) 2427-17-0853 (1900 PACIFIC AVENUE) 2427-07-3536 (419 19TH STREET) 2727-07-7707 (1917 ARCTIC AVENUE) WHEREAS, the VBDA is the owner of those certain lots, tracts, or parcels of land designated and described as Lots 1-26, Block D, as shown on that certain plat entitled: "PROPERTY OF VIRGINIA BEACH PARK CORP., VIRGINIA BEACH, VA", prepared by J.F. Benson, C.E., dated February 1927, which plat is recorded in the Clerk's Office in Map Book 8, at page 5, and also shown on that certain plat entitled: "PLAT OF BLOCK `D' — MAP OF VA BEACH" SHOWING RELOCATION OF ALLEY", which plat is recorded in the Clerk's Office in Map Book 13, at page 64; WHEREAS, as set forth in that certain Development Agreement between the VBDA and Developer, dated December 23, 2019, as amended, the Developer is constructing a multi-facility, mixed-use development on the above-referenced parcels of land (the "Project"). As a part of the Project, the Developer proposes to construct and maintain a 27.6' x 1.5' (39 sq. ft.) concrete patio and 3' tall landscaping retaining wall, 9' x 13.4' (72 sq. ft.) concrete steps, 27.2' x 4.5' (98 sq. ft.) concrete ramp, 7.6' x 3' (23 sq. ft.) concrete steps, 3.1' x 3' (9 sq. ft.) concrete steps, 32.2' x 3' (98 sq. ft.) concrete landscape 2.5' tall retaining wall and patio, 9.3' x 3' (23 sq. ft.) concrete steps, and 36.1' x 5.9' (131 sq. ft.) concrete 2nd story balcony 16'1" above ground level, collectively, the "Temporary Encroachment", in the City of Virginia Beach; and WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Developer encroach into portions of City rights- of-way known as Baltic Avenue, Arctic Avenue, and 20th Street, the collectively, "Encroachment Area"; and WHEREAS, the Developer and the VBDA have requested that the City permit the Temporary Encroachment within the Encroachment Area. All dimensions represent furthest point of encroachment. 2 NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Developer and the VBDA, and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt and sufficiency of which are hereby acknowledged, the City hereby grants to the Developer permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT A SHOWING PROPOSED ENCROACHMENTS FOR ATLANTIC PARK, INC. PROPOSED SITE VIRGINIA BEACH, VIRGINIA", having a Scale of 1" = 20', dated August 29, 2022, revised through September 7, 2022, and prepared by Kimley-Horn, consisting of four (4) sheets, a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Developer to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Developer shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Developer, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Developer; and that the Developer will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Developer shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Developer agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Developer must submit and have approved a traffic control plan before commencing work in the Encroachment Area. It is further expressly understood and agreed that the Developer agrees that no open cut of the public roadway will be allowed except under extreme circumstances. Requests for exceptions must be submitted to the Highway Operations Division of the Department of Public Works, for final approval. It is further expressly understood and agreed that the Developer must obtain a permit from the Civil Inspections Division of the Department of Planning prior to commencing any construction within the Encroachment Area (the "Permit"). It is further expressly understood that any existing encroachments referenced in the Exhibit or this Agreement are the ongoing maintenance obligation of 4 the Developer and the City disclaims any ownership interest or maintenance obligation of such encroachments. It is further expressly understood and agreed that prior to issuance of a right-of-way/utility easement Permit, the Developer must post a bond or other security, in the amount of two times their engineer's cost estimate, to the Department of Planning to guard against damage to City property or facilities during construction. It is further expressly understood and agreed that the Developer must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00 per person injured and property damage per incident, combined, with the City listed as an additional insured. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Developer will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Developer assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Developer shall connect with sanitary sewer facilities only when they become available, within the time stipulated by the City and that plans must be submitted to the Department of Public Utilities for review. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. 5 It is further expressly understood and agreed that the Developer must submit for review and approval, a survey of the Encroachment Area, certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachment sealed by a registered professional engineer, if required by either the Department of Public Works City Engineer's Office or the Engineering Division of the Department of Public Utilities. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Developer, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Developer to remove the Temporary Encroachment; and pending such removal, the City may charge the Developer for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Developer; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, the said Atlantic Park, Inc. has caused this Agreement to be executed in its corporate name and on its behalf by Michael A. Culpepper, its President. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. Further, that the City of Virginia 6 Beach Development Authority has caused this Agreement to be executed in its name and on its behalf by its Chair or Vice Chair. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 7 CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia By: (SEAL) City Manager/ Authorized (SEAL) Designee of the City Manager ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 20 , by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 20 , by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: APPROVED AS TO CONTENT: APPROVED AS TO LEGAL r SUFFICIENCY Pu Iic orks/R al Estate City Attorney 8 CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY, a political subdivision of the Commonwealth of Virginia By: (SEAL) ATTEST: Chair I Vice Chair Secretary/Assistant Secretary STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 20_, by , CHAIR / VICE CHAIR OF THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY, on its behalf. He/She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 20 , by _ , SECRETARY / ASSISTANT SECRETARY OF THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY, on its behalf. He/She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: APPROVED AS TO CONTENT: APPROVED AS TO LEGA SUFFICIENCY Economic Development City Att mey 9 ATLANTIC PARK, INC., a Virginia corporation By: AM,. (SEAL) Michael A. Culpepper, President STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this9)t‘(\ day of SQ, tQ,uQX, 2022, by Michael A. Culpepper, President of Atlantic Park, Inc., a Stock Corporation. \Lbi\rstkk • (SEAL) Notary Public Notary Registration Number: öO \\ 2i1 My Commission Expires: 0 / \ 262 (9 Hunter Mari.Kieran NOTARY PUBLIC ComnorwMesllh of Virginia Reg.#8011887 My Commission Expires 05/31/2028 10 EXHIBIT A (Page 1 of 4) •,e rl ,, ej. v ems• W 4.9r • '4 / •.e. -ice • N 1 a. • ' 1,._„„„, 20TH STREET roc. 1 (80' PUBLIC R/W) 144 ‘N.B. 1, PG. 20b) 39 SF CONCRETE I - _ _ 72 SF 98 SF PATIO AND I CONCRETE CONCRETE 3.0' TALL 1 STEPS RAMP NIB w LANDSCAPING ' . RETAINING WALL' • - O O O +O O . . E 17.2 500. �o.�5 8wE ` ; ' c + C 1 21.7• 18% r -_ a a` �° 11.11111 _ I�: c 4iW - _ _ . EI _ . J ' '- -- • - �. _ _ morn 1 128' 27.6' 26.6' 13.4' J272 _ ' i \ ik. T'� r EXISTING WLLII , , ,./ (> a �-� Z 8 `-PROPOSED R/W t71 a l d. I i ` . N13'5or 02w w IROPOSED UNDERGROUND R/W ' 25.00 / I ----_=_' _�I CITY OF VIRGINIA BEACH i I l k--=�r Q 1 DEVELOP/VENT OPMENT AUTHORITY ' '�'� NORTH BUILDINlG -a-�� M.B. 1, PG. 20b) (I) c\I IN 201 902120001 14390 N. 0 I D �� LOT 18 LOT 16 t LXj LOT 20 1 2427-07-8889 1 , 1 ITT 1 . -I r_ 12427-0.7-9941 (i) ---31'-: - 2427�__07-8848 ALTFI p�, I`!, +4� CC o jel4 BLOCK o 40 ag --,-;., - ' 40 -, 1 : , , o , s 1 °°R° STA DAVID B. D'I �nr tEw ' I Nqp •SOU�'E 9RLrgy� y E 71' ' ( 1;\ _ I «off Lie n o. 22N8 �,� NOTE:PROPOSED RAN LINE AND PROPOSED UNDERGROUND O� Qf w R.'W LINE ARE CONTINGENT ON FINALIZATION OF STREET 0 10' 20' •%*- CLOSURES. Iiinilli ',ORAL S EXHIBIT A KimIey > Horn PROPOSED ENCROACHMENTS FOR 4525 YAIA S a-%SUITE 1000,AROMA IE.ACPL YA 25162 —6600 ATLANTIC PARK, INC. KVf WKIYLEI'-757-21 M ORN ORN .COY PROPOSED SITE PROJECT# 116607010 SHEET 10F 4 VIRGINIA BEACH,VIRGINIA AUGUST 29, 2022 REVISED 9/7/22 SCALE: 1"=20' I EXHIBIT A (Page 2 of 4) l ;., : _ .I. , ,sir+3. , ,.,,. Oi , ' .yf_ - _ pr., — LOT 3 ► ` � EXISTING R/W,■,�oY ''�, ►_r� t ; r. ' 1 I _. ..a . -.,., I V -L�27-07-3634� _ � - rr ;11 4 - 1`-`'123 SF CONCRETE STEPS 4• I' • , t 1 .. .., •i; it e :n I ' , -`- _`. 9 SF CONCRETE STEPS'-.:,' , . - 111LLLLiiii 0 3', Ap i : --- CITY OF V/1 R R. EACH t cV �tr, or • -14 - j-. l7EVELOPMENT AUTHORITY` • N! 7.6 1 y Ii.._ u T (M B. 8, PG 5) 5.6'r' 1 8.4 t //V 201 9Q1,2O0D 114_. 9 ' __ NORTHWEST BUILDING, ��EN , � j 98 SF CONCRETE in O m * LANDSCAPE 2.5' TALL 0 I I ill . RETAINING WALL o o- " -1 • AND PATIO I —.J 32.2' ' g.\._ 4 , s' ; 1 LOT 1 B � LOT 1 A N Ir_.: �3. `1 2427-07-3536.. _ 2427-07-366Q.+ i ‘1 , • - . 23 SF CONCRETE�iM s.a4 i f y�•. � STEPS 9.3'1 :_. _ - - J 'i . S58'20'37'E. ��r `_'.�-may a `� ,I l--- • ,--, , — "7;-.5 0' ' '%PROPOSED R/W i\ , K%ill,. `` ` v c c `( c v ' i V L_ v / ssaiT$ �� 261 0, I EXISTING R/W 0 4. / AVID :, J) .10 • ' a 19. H STREET �° 4' ' PUBLIC R {N �► e � (80 / ) rt� �8 tQNALVON' (M.B. 1, PG. 20B) a NOTE:PROPOSED RIW UNE AND PROPOSED UNDERGROUND 0 10' 20' R!W LINE ARE CONTINGENT ON FIWWZATION OF STREET �� CLOSURES. . S OIWING • , ��> orn BR A Kim a H y PROPOSED ENCROACHMENTS FOR 4525++�+MEET,arm fooa MUMOM:757_213-06Oo ATLANTICPARK, INC. ""Mf1"`"-"°'""""` PROPOSED SITE PROJECT#116607010 SHEET 2 OF 4 VIRGINIABEACH,VIRGINIA AUGUST 29,2022 REVISED 9/7/22 SCALE: 1"=20' EXHIBIT A (Page 3 of 4) D. ,�._e„�PROPOSED UNDERGROUND R/W-' = I 1 LOT 16 � � PROPOSED R/W r� ,I 2427-0777723 ;1 I ,� I �L .. '-t� L 1 � �k� 'Y• � o � _•-- -- -=_ EXISTING R/W NORTHWEST BUILDING w, w 1-=== :-..-, -:'----:V • - 1 t 4�„ a CITY OF VIRGIN/A BEACH ; ,.. •I• G DEVELOPMENT AUTHORITY J (M.B. 8, PG. 5) ` ft, IN 20190212000114390 = LU 6 LOT 15 2427-07-7639 131 SF t I° 1\ . u p CONCRETE 0 BLOCK 2ND STORY BALCONY S'91--•I ` 36.1' (SEE SECTION ' • W ;' — ON SHEET 4)_ 'a .gyp 7LOT 14 C `N 2427-07-7645 _Y �d _ _ a - IQ EXISTING R/W-A---- I 24.8' s - PI, 'rrj 1 _____,_ -----3 ego/ C- (i) (� 4 �• c r / O.e • „ee V a O _. -... _ -..- pee ® O - O 4 . 19TH STREET sv TH 0� I.. (80' PUBLIC R/W) p'� l�p0 M.B. 1 PG. 208) 4 crewsr�P ss - S$ - ss . 1kAVDB. D' .. • 4 � 1993 �'20ryV rj"�Rly1 ek 24�'W D.I r—-- —j— 24"W -�__ 1\ 'gyp g �� 4, NOTE:PROPOSED RM'LINE AND PROPOSED UNDERGROUNDUN 0 1 0' 20' r� { R/W LINE ARE CONTINGENT ON FINALIZATION OF STREET E=inia .4,s, KAL S�6� CLOSURES. EXHIBIT A SHOWING Kimley>>) orn PROPOSED ENCROACHMENTS FOR 4025 MAIM STREET,SUITE 1000.V*664A 6=EACH,VA 23462 PHONE: 757-213-8600 ATLANTIC PARK, INC. �—IOI�.GOM PROPOSED SITE PROJECT# 116607010 SHEET 3 OF 4 VIRG!\IA BEACH,YIRGINIA AUGUST 29, 2022 REVISED 9/7/22 SCALE: 1"=20' EXHIBIT A (Page 4 of 4) RESIDENTIAL OUTDOOR AMENITY , - 42'LAMINATED GLASS TERRACE . GUARORA.SYSTEM (FORREBIDENCENVIESDENCE Gt EST ONL1) '' — PLANT MATERIAL • YARDS 1l_-__ *s.1o1Q') IS I o COMMERCIAL N�y/� MtC/2 Le--- PROP LINE EL.tr- 1 r �,-..• • .1 i a l—r: I- 11-1 1 I--I I t-1 r I�— 7 IL- LEVEL 1 =1 II=11 i= � ';I= 11=1 I I=1 11=111=1 I I=1 I I=1 I =1 t 1-1 I I—I 1 I-1 1 I—I t I--I I I-1 I I—I 11—I 1 I—I I I-1 11— PROJECTM 20190478 1 I 09/07/22 1 ARCH SKETCH-SOUTHEAST CORNER PROPERTY LINE OVERHANG i 4 ,TR opi p o ` o 'DAVID D: DWV. to,g� �45 gtoxAL EXHIBIT A SHOWING KimIev >>Horn PROPOSED ENCROACHMENTS FOR 4525 MAN STREET.WE TOoo.VM ONA BEAM.VA 43462 RICK:707-213-8800 ATLANTICPARK,INC. TY"1T.KA LE7-NOIMLGOM PROPOSED SITE PROJECT#116607010 SHEET 4 OF 4 VIRGINIABEACM,VIRGINIA AUGUST 29,2022 REVISED 917122 SCALE: 1"=20' 1 r, I i I gx � 1 TTT I )I Y`t1Yr' �l� ��� i, I , ,1 ,) t 1 .. — _i SERVE TION LINESETSCACOSSTM 4 I ; ' j ' N. '1'I § I �" �, 'NIRIGACROSSING ROAD TO - J „_I-,,. -, „1�� - -111l 4 SERVE STREETlCAPC ACROSS TM _ . I �iliil 1 --/ 11 ;~oN OPPOSITE SIDE 1. 49),„„„---- I .[TRE[T •-,y •_ `mow„ 'it\��V.•TT / 1 _�� •i' '� - mi.-w4i ---• i RI,.I nr.R TrP. • �' = r ,,...s...ss 11 _r = i — w I F11_- - �- w•r .�.._w .-._�..,, R NOVARI F �.Z .yI\-- + it • -r i POLLARD! - L 11 `i.,•.. }}}}``� -1 1'•"l H" POWER AND WATER �i.' PARKING L �� �. N i -� � � B[RV[OUTDOOR CONDUITS TO iI il I COMMERCIAL J 1,.IC•,'.. GARAGE r 0 k YUBN:V[NU[ i " ' •1 it = r F1 :I'a `L .m. �-t ram---= .,�..,, r. T, I �3 i k.; PARKING AGE _--1 EfX1 y b T GAE r 1 t tt. ... 1.:1• yyy i i j'j 1 1Pii � r, �+e%. - ! ENTERTAINMENT F_ ;Er." J— ______ ,. I i /I� m VENUE I -1 E :—"trill u {`Y W Fi• aa .-- J 3CYMYIY�RCIA i:.1 ! 0 L S •__ I I I Y , T•l t,l �1� .I z d !Y�_t--�r-` A abu i Kt �ir ..w..RR•- rt t r �+�■ '�' `,1pqn d�lb�_1117 IIII,I v1111no11 ll'IIIIQIIIIIIiI�nnluulnuRnlnlili.,/' 1:.o; .... ,4 �6 .__ Ids Earatrri '—.r �����1�, J ��////• a ._�• RISDEIIT„IALy'„ COMMERCIAL f 1 I // O I Y 1. • COMMERCIAL t , I I 1 r/ .. , # O EXHIBIT s O O ,-; -::-.:::4 N, , I, - — ',/''' k'---'' — — 4"11-+ ,_i ' VII6,_,iiir !ii.I ' " .;,.... —— kill' 11 G. ... — - .-._ -- -- I 4 /�i•,i I Igi! -',•: VIA NOO ' _ yp p^<cqy< LC +- •ter Q IF/4,11"-I . ,�_._ WAVE PARKI W - r^ G fl wMIB PAM A I > Z Z ENHANCED I '' J . ,� 9� v) Q2 . „ I. 1 z 9, H IX • I ' •, a qyy 1 I 4 Q w ENCROACHMENTS INTO RAN: t SITE MADE G%.--'`� -- Io•1 .- -.'-''VA.,,,.“..t.t. n ,,i, i c � IRRIGATION PIPING AND CONTROLS H' N"'• l COMMERCIAL ti?- k� '''''.-.0ti ,T. �.E LANDSCAPE BEDS THAT EXTEND INTO RAN - -- '� '[I/ - 1.--S ii_ _.! Ob { I 0 1 4Ilk _r///II11tR- IX -�•'_- Il�il•if•il - 1�7i.IG:11 I•.I••1�.r y SITE FURNISHINGS-BIKE RACKS,BENCHES,TRASH CANS -. 1I I I t ---- r "'x:� s.. _. .- .3 -fWANCCD .a --..... --_� c w co a" SPECIFIC LOCATIONS I 1 ;, BOIUtn-ALK_ - --_ .� IL, a re ENHANCED BOARDWALK AROUND SURF PARK __fry - --l- _----- IJI III 41 yu „orb ,�+ �Ii \ o ij: POWER AND WATER CONDUITS SERVING MUSIC VENUE LAWN ..�:�. -- - - 0 W 6 i 1"- ¢ i i POWER FROM TRANSFORMERS ACROSS 20TH STREET GRAPHIC SCALE IN FEET Z w W is so loo . CC CC REMOVABLE BOLLARDS FOR CLOSURE OF ARCTIC AVENUE , a 81 i Z m i 1 _50 Ws_ Z 1 S 1 SHEET NUMBER 1 EX-1 t r a- te.,-:. . wry DO° .• Iwo w—6— E IA : . ,. ... WA '-1:',„;'-''-\--7: 41k5"*'111111j''' - "' '''.4: t C . °:::1'.' BHA :i _-- 3 ' G \'' ;: .• - 0 lit rn kA , OKI. A \63 II tttlt ,, ,,,, ___: lip,' trioliglitt- Ili'' .•,.., 'pi ____:,_ ,,, *'cThT5 ' Or. till/II .,,, ., .. . .. ,B-v\-kge lot 11101, t ' '... is r:,, Itlii I _:::.;\„_ . , . . - ., di . LOCATION MAP m111111110 4. ENCROACHMENT REQUEST ,,,,,,,0 t m , ate. ; u� - _t , 6. 1.4 - ' ' ' C3 io OWNER: CITY OF VIRGINIA BEACH 00. h r�i.t .t•t e m , kt ,� �,,'''.•M---y" �,,� ;; :'; IMPACTED CITY BLOCKS ARE 13.11 aiiii THE 300, 1800, AND 1900 BLOCK 2 BETWEEN PACIFIC AVENUE AND ARCTIC AVENUE, ALSO Legend 10S1 +{ THE 400, AND 1900 BLOCK BETWEEN =I ARCTIC AVENUE AND BALTIC AVENUE Impacted City Blocks . k:. = -; Feet City Property .,, 0 100 200 400 !Ilia" ;J--- a 0 U ‘---- °I*---. L ,y,5KM R0 ^ I cI �, 1 W L yiiiiia imia S 1100 Wit iilliii ....---- _. . , itie 4 1111• 11 0 1111 min Itt :NP\:::11. W \\ 1 0 \3 .. WO . 7 k 0 ' ), 111S7 3 111•00°....°110•11‘1.11 rtall V 0 MO 20-w S" ! . Y i Mitlittil-^i 1 III:1111i1 � 1g1H ST 77 sIll Ilk Il okijo 1 i ., ilitS .. cn 1101 ay C\o" .....,011 1 :Ali \ ��211 0 ,aTN sS Vttli .°.t° \� � \ fl LOCATION MAP ENCROACHME T REQUEST a � OWNER: CITY OF VIRGINIA BEACH \ \ \ IMPACTED CITY BLOCKS ARE � THE 300, 1800, AND 1900 BLOCK /Z rd BETWEEN PACIFIC AVENUE Illitilill AND ARCTIC AVENUE, ALSO Legend `F Sj THE 400, AND 1900 BLOCK BETWEEN Impacted City Blocks `^� ARCTIC AVENUE AND BALTIC AVENUE City Property 1 IIII 1 =:=MIEll ; al 11 I L Feeta 0 100 200 400 Disclosure Statement cry fit aecch 11 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 ArlannC Parse- Does the applicant have a representative? ci Yes ❑ No • If yes,list the name of the representative. M'ohatt Cv1l9ccilptr 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) Pteact Ctt. attach-co • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) pieGtC Sty ANGQchw '"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. 2"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.2020 1 I P a g e Disclosure StatementNB - Planning & Community -- _ �./e•elo, " r� a --• Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?0 Yes ElNo • If yes,what is the name of the official or employee and what is the nature of the interest? Ci U OF irc ini.a Bich Dzv<,loprntnr Pcumorir-g iS (�Wv�2.r 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? 0 Yes ❑ No • If yes,identify the financial institutions providing the service. J Ll, Cali)ital MarrcfiS ( Co.oi rot BroKcr) 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?181 Yes ❑ No • If yes,identify the firm and individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property? 0 Yes ❑ No • If yes,identify the firm and individual providing the service. Cvof,er Co-ri - (-ta,nbvt,i , CrtnSitr, LuPL , ..iml c- —`-f')rn 5. Is there any other pending or proposed purchaser of the subject property? ❑ Yes pi No • If yes,identify the purchaser and purchaser's service providers. Revised 11.09.2020 2 1 P a g e Disclosure Statement ofV Beach Planning & Community NiN\ 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? l J Yes ❑ No • If yes,identify the company and individual providing the service. W Nt. Jordan 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? L;iti Yes ❑ No • If yes,identify the firm and individual providing the service. \NPL , 1 -;mlt1-1-fvrr 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?CS Yes ❑ No • If yes,identify the firm and individual providing the service. AV�"1rnc r & :u n0 1t 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. aj rII.4 N'Tt t. Myg4,14 c— • Applicant Signature t 4i+Act. A. tvsdYY/tet J Pitelor r --- Print Name and Title '70 '? - _ — -- Date Is the applicant also the owner of the subject property? ❑ Yes ❑ No • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications No changes as of Date Signature iPrint Name _ _ _ _ Revised 11.09.2020 3 p a g e Atlantic Park, Inc. Venture Realty Group Venture Realty Group 1, LLC Venture Waves, LLC Donna MacMillan-Whitaker John L. Gibson, III Bruce A. Berlin Doug Ellis Elizabeth Matulenas Matthew L. Lafler Steven D.Green Dome Associates, LLC John R. Lawson H2O Investments, LLC Joe LaMontagne The Costen Companies Tim Costen Pharrell Williams Rhema Waves, LLC Steven W. Bishard John K. Bishard Robert A. Deacon Disclosure Statement Nt13 DiVivinie Beak Planning 8t. Community Development Continue to Next Page for Owner Disclosure Revised 11.09.2020 4 I P a g e Disclosure Statement City ofV femme Beat, Planning & Community Development Owner Disclosure Owner Name City of Virginia Beach Development Authority("VBDA") Applicant Name Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business? Yes 0 No If yes, list the names of all officers, directors, members,trustees,etc. below. (Attach a list if necessary) The owner is a political subdivision of the Commonwealth of Virginia. Attached is a list of the Board of Commissioners of the VBDA € If yes, list the businesses that have a parent-subsidiary3 or affiliated business entity4 relationship with the Owner. (Attach a list if necessary) n/a Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? 0 Yes Ii No € If yes,what is the name of the official or employee and what is the nature of the interest? 3"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, VA.Code§2.2-3101. "Affiliated business entity relationship"means "a relationship,other than parent-subsidiary relationship, that exists when(i)one business entity has a controlling ownership interest in the other business entity, (ii)a controlling owner in one entity is also a controlling owner in the other entity, or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities. See State and Local Government Conflict of Interests Act,Va. Code §2.2-3101. Revised 11.09.2020 SIPage Disclosure Statement \i/3 ON of VMMIttz Betx* 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 il 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 A 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 A 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 A No • If yes, identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property? ❑ Yes I No • If yes, identify the purchaser and purchaser's service providers. 6. Does the Owner have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property? 0 Yes i No • If yes, identify the company and individual providing the service. 7. Does the Owner have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property? A Yes ❑ No • If yes, identify the firm and individual providing the service. Kimley-Horn,Vanasse Hangen Brustlin, Inc. (VHB), and MBP(McDonough Bolyard Peck) Revised 11.09.2020 6 P a g e Disclosure statement Ni13 Vtrytu,Brurh 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. Singer Davis/Hunton Andrews Kurth Owner Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Owner Signature Alexander W.Stiles, Senior City Attorney Print Name and Title 6/24/22 Date Revised 11.09.2020 7 Fag e CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY BOARD OF COMMISSIONERS David Bernd (Secretary) William P. Brown William Brunke (Treasurer) Nneka Chiazor W. Taylor Franklin (Assistant Secretary) Penny Morgan Lisa M. Murphy (Chair) Ronnie L. Parker Michael J. Standing Joseph E. Strange (Vice Chair) Guenter Weissenseel -�tIAB42'I fF 1j d ' CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Carry Forward and Appropriate $7,194,674 for Purposes Previously Approved in FY 2021-22 into the FY 2022-23 Operating Budget and to Appropriate Unused Debt Service to Offset Use of Public Facility Revenue Bonds MEETING DATE: September 20, 2022 • Background: Section 7 of the FY 2021-22 Operating Budget Appropriation Ordinance (the "Ordinance") authorizes the carry forward of appropriation authority to the next fiscal year for authorized obligations and encumbrances made before the close of the fiscal year. In addition to this provision of the Ordinance, funds that are approved for a specific purchase or contract but remain unobligated or unencumbered at the end of the year may be requested by departments to be carried forward to the next fiscal year. Situations that might necessitate funds being carried forward include: • Funding was approved in FY 2021-22 to purchase a piece of equipment or renovate a small building, but due to extenuating circumstances, such as supply chain disruptions, the department did not finalize the purchase or complete the project prior to the end of the fiscal year; • Funds were approved by the City Council by a budget amendment or the City Manager by an authorized transfer late in the fiscal year, and the expenditure could not be completed prior to the end of the fiscal year; and • Funds provided for a specific grant program or other restricted purpose were unused during the fiscal year and are being carried forward to combine with grant funds in the new fiscal year. Funds that are approved to be carried forward are then re-appropriated from the fund balance of their respective funds into the current fiscal year. Budget and Management Services reviews all departmental carry forward requests to determine that the request meets the eligibility requirements and also to ensure that there is sufficient fund balance to meet City Council's General Fund fund balance policy of 8-12% of the following year's revenue. Budget and Management Services coordinates this process with the Department of Finance to ensure adequate fund balance within the fund. Finance includes a carry forward estimate in their preliminary un-audited financial results. The use of carry forwards is not intended to be a substitute for the budget process. This process does is intended to honor the animating purpose of the original appropriation. • Considerations: Criteria applied by Budget and Management Services to determine whether or not funds are eligible to be carried over from one fiscal year to the next are as follows: • Situations outside of the control of the department prevented the expenditure of funds for the uses for which they were originally budgeted; • Funds that are intended for a specific timeframe, such as contracted manpower or training, are not eligible for consideration; • The purpose for which funds are requested to be carried forward are not also budgeted in the department in the new fiscal year; • Funds can only be carried forward to the new fiscal year for the same purpose that they were specifically budgeted in the previous fiscal year; • Funding is available in the legal appropriation unit(as identified in the Operating Budget ordinance) or department to be carried over to the next fiscal year; and • The item(s) for which funding is requested to be carried over must be critical to the mission of a program or service offered by the City. The total amount of this request is $7,194,674. Of that amount, $2,682,611 is for the General Fund; $69,642 for the Tourism Investment Program Fund, $45,000 for the Sandbridge Special Service District, $208,207 for the Stormwater Enterprise Fund, $504,167 for the Parking Enterprise Fund, $2,056,704 for the Waste Management Enterprise Fund, $441,610 for the Fuel Internal Service Fund, $808,434 for the City Garage Internal Service Fund, $150,522 for the School Landscaping Internal Service Fund, and $227,777 for the Library Gift fund. A detail sheet providing further explanation of each of the above is attached. In addition to the traditional carry forward request, there is an amount of $5,399,212 remaining in the General Fund's debt service line from the FY 2021-22 budget. This amount was not needed to make debt service payments during the fiscal year due to the timing of bond sales. It is recommended that this amount be appropriated and transferred to the FY 2022-23 CIP in the form of pay-as-you-go funding to replace authorized but unissued general government Public Facility Revenue Bonds. This proposed use of FY 2021-22 debt service funds will reduce future debt service for the General Fund as less bonds will be issued in the future. This action will not increase budgeted appropriations within the CIP. • Public Information: Normal City Council agenda process. • Attachments: Ordinance; Exhibit A: FY 2021-22 Items Requested for Carry Forward into FY 2022-23; Exhibit B: Reductions in Public Facility Revenue Bonds Recommended Action: Approval Submitting Department/Agency: Budget and Management Services City Manager: 1 AN ORDINANCE TO CARRY FORWARD AND 2 APPROPRIATE $7,194,674 FOR PURPOSES 3 PREVIOUSLY APPROVED IN FY 2021-22 INTO THE FY 4 2022-23 OPERATING BUDGET AND TO APPROPRIATE 5 UNUSED DEBT SERVICE TO OFFSET USE OF PUBLIC 6 FACILITY REVENUE BONDS 7 8 WHEREAS, funding totaling $7,194,674 was unexpended at the close of FY 2021- 9 22 and requires re-appropriation to achieve the purposes for which the funds were 10 included in the FY 2022-23 Operating Budget; and 11 12 WHEREAS, $5,399,212 in unused debt service from the FY 2021-22 can be 13 appropriated as a pay-go transfer to the Capital Improvement Program to reduce the use 14 of Public Facility Revenue Bonds. 15 16 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 17 VIRGINIA BEACH, VIRGINIA: 18 19 1) That $7,194,674 is hereby appropriated in the FY 2022-23 Operating Budget for 20 the purposes and amounts as set forth in the attachment entitled "Exhibit A: FY 21 2021-22 Items Requested for Carry Forward into FY 2022-23," with a 22 corresponding increase in specific fund reserve revenue from each respective fund 23 stated therein. 24 25 2) That $5,399,212 is hereby appropriated from fund balance and transferred to the 26 FY 2022-23 Capital Improvement Program with a corresponding reduction of 27 authorized Public Facility Revenue Bonds in the amounts set forth in the 28 attachment entitled "Exhibit B: Reductions in Public Facility Revenue Bonds." Requires an affirmative vote by a majority of al!the members of City Council. 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: 3tialtbt/C2 Budget and Management Services C. r y s O ice CA15906 R-1 September 8 2022 Exhibit A:FY 2021-22 Items Requested for Carry Forward into FY 2022-23 Department Amount Purpose City Treasurer $14,900 Needed for an RFP for banking services for the City. Human Resources $58,893 Funding for furniture,equipment,and supplies for positions added in the FY 2021-22 budget that were not filled during the fiscal year. Funding to implement a system to accurately track subcontracting data on city projects as recommended by the Finance $327,541 Disparity Study. Cultural Affairs $95,000 Funding for augmented reality systems at Princess Anne County Union Kempsville High School museum and the Francis Land House. Communications $143,002 Funding for redistricting communications and advertising. Commissioner of the Revenue $288,954 Funding for software maintenance for Revenue Billing System. Auditor $3,258 Funding for furniture for the new City Hall unable to be procured during the fiscal year. Public Works $181,534 Funding for the implementation of Masterworks unable to be completed by the close of the fiscal year. Housing and Neighborhood Preservation $400,000 Funding for pilot program to expand housing rehabilitation Housing and Neighborhood Preservation $124,344 Funding for homeless prevention and diversion programs funded through donations and grants for this purpose. Police $119,926 Funding for policy review unable to be expended due to lack of responses to the initial RFP in December 2021. Police $80,000 Funding for police staffing and structure assessment funded by City Council in May 2021. Police $752,695 Funding to complete the installation of body worn cameras/in car camera installation. Parks&Recreation $37,171 Funding for unbilled landscape maintenance contractual services that occurred in FY 2021-22 but need to be paid in FY 2022-23. Virginia Aquarium $45,000 Funding for marketing campaign for the South Building.The South Building opening has been delayed and therefore the marketing campaign has not been conducted. Fire $10,393 Funding for gas grills for fire stations.This amount was donated by private entities for this specific purpose General Fund $2,682,611 Public Works Funding for the purchase of a vehicle for a newly added maintenance supervisor.Equipment was unable to be $55,069 purchased due to supply chain shortages. Public Works $14,573 Funding for the purchase of a new beach rake. Tourism Investment Program $69,642 Public Works $45,000 Funding for the purchase of a recycling truck for newly implemented program at Sandbridge that was unable to be procured in FY 2021-22 due to supply chain issues. Sandbridge Special Service District $45,000 Public Works $208,207 Funding for vehicles unable to be purchased during the fiscal year due to supply chain issues. Stormwater Enterprise Fund $208,207 Economic Development $504,167 Funding for Freebee project approved by City Council in 2022.This amount is needed to pay the vendor for the remainder of the pilot program. Parking Enterprise Fund $504,167 Funding for the implementation of Salesforce software and equipment,including tablets for drivers for the use of the Public Works $280,238 system. Funding for the purchase of solid waste side loader trucks that were unable to be purchased due to supply chain Public Works $1,640,409 shortages. Public Works $86,057 Funding for the purchase of a hazardous materials storage locker for the Landfill. Public Works $50,000 Funding for a solid waste rate study. Waste Management Enterprise Fund $2,056,704 Public Works $61,000 Funding for the purchase of fuel monitoring system unable to be purchased due to supply chain shortages. Public Works $380,610 Funding for the replacement of fuel tanks and gauges at 77 sites around the city. Fuel Internal Service Fund $441,610 Public Works $455,909 Funding for replacement vehicles were unable to be purchased during the fiscal year. Public Works $154,980 Funding for new shop machinery and equipment unable to be able to be purchased in FY 2021-22 due to supply chain shortages. Funding for serving of the security gates at City garage.The contractor was unable to service the gates during the fiscal Public Works $92,243 year and will be completing the work in FY 2022-23. Public Works $105,302 Funding for serving and replacing compressors. City Garage Internal Service Fund $808,434 Parks&Recreation $150,522 Funding for replacement vehicles were unable to be purchased during the fiscal year. School Landscaping Internal Service Fund $150,522 Library $227,777 Bookmobile Replacement Library Gift Fund $227,777 $7,194,674 Total FY 2021-22 to FY 2022-23 Carry Forwards Exhibit B: Reductions in Public Facility Revenue Bonds 100503 Judicial Center Escalator(100 General Fund) $ (4,949,212) 100635 Corporate Landing(100 General Fund) $ (450,000) Total Reduction $ (5,399,212) Note:The fund responsible for the debt service as a result of the issuance of bonds in these amounts is shown in parentheses next to the project title. �s r�,��~�~yLi ro j �"''sg�> �ice"- t:� :1. .,, a y� r�� ``Vy CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Federal Funds from the State of Good Repair / Primary Extension Program to Capital Project #100401, "Street Reconstruction II," for Road Paving Projects MEETING DATE: September 20, 2022 ■ Background: Section 33.2-369 of the Code of Virginia establishes a State of Good Repair (SGR) program within the Commonwealth Transportation Fund. The purpose of SGR is for "improvement of deficient pavement conditions and improvement of structurally deficient bridges." Among the transportation items eligible for SGR funds are municipality maintained primary extensions. Accordingly, such projects are funded through the Primary Extension Paving Program. The Primary Extension Paving Program provides federal funds to qualifying road segments, up to $1.5 million per locality. Individual road segments are submitted to the Virginia Department of Transportation and scored via a prioritization process. • Considerations: The $1.5 million received by the City will support partial project paving costs for three road segments. The total paving cost for these road segments is estimated at $1,607,471. The three awarded segments, and the remaining local portion of the total paving cost for each project, are listed in the table below. Total Federal Local Portion Paving Allocations Cost Virginia Beach Blvd. Eastbound (Laskin $592,647 $540,000 $52,647 Rd. Overpass Bridge to Riddle Ave.) Laskin Rd. Eastbound (Great Neck Rd. to $247,704 $245,000 $2,704 end of Laskin Rd. Overpass Bridge) Virginia Beach Blvd. Westbound (Riddle $767,120 $715,000 $52,120 Av. to Great Neck Rd. ) Total $1,607,471 $1,500,000 $107,471 The City will use previously appropriated available funds in Capital Project #100401, "Street Reconstruction II," for the local portions. There is sufficient local funding in this capital project to provide the local match. Eastbound and Westbound Virginia Beach Boulevard were previously identified as candidates in the City's FY 2021-22 paving schedule. • Recommendation: Adopt the attached ordinance. • Public Information: Normal City Council agenda process. • Attachments: Ordinance, Location Maps (3), CIP Detail Sheet#100401 Recommended Action: Approval Submitting Department/Agency: Public Works City Manager: pit9 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 FEDERAL FUNDS FROM THE STATE OF GOOD REPAIR / 3 PRIMARY EXTENSION PROGRAM TO CAPITAL PROJECT 4 #100401, "STREET RECONSTRUCTION II," FOR ROAD 5 PAVING PROJECTS 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA, THAT: 9 10 $1,500,000 from the State of Good Repair/ Primary Extension Paving Program is 11 hereby accepted and appropriated, with federal revenues increased accordingly, to 12 Capital Project #100401, "Street Reconstruction II," for road paving projects. 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 members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and anagement Services Ci ttorney s Office CA15908 R-1 September 6, 2022 7� AL.J1�`iAf.:1►1y;ti -- r� - qw .. L'17� _ 11 r. k, c-,,crn• I ./. imilb-erra--,---4014"4- , 1 NI:;:01. _ '.10.10r*ii,,i 4 -0, — ,,- 1. )SIT K\N RD ��y 1,.. : i,'_ al,7,' 1} �a * e ,,1,V T 'I T« �. .. :._,! ...,_-_-_--T: .: VIRdINIA BEACH B r` .0;yrf * �� Wang MI LL �' E,FICIligin—rik:VA(3. S ' t 44,M1210011y y < w i, i �' 6G.arl.f 7sir . ./• • O , .. t' G' �` ,tom-in ii' co Iii1 ' . .,sNECKRD a, --- t •-. 04--,-,.,,,,ve-i.-----az t_ _______ ---_. ,\ ..... 1 Y . ,... , .,-- - cti, 1111111111111 \ ' \ ' .) .,,......'" 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S STREAMLINE DR' '''\ Uli ! 3 o Location Map , Virginia Beach Blvd West Bound • (Riddle Avenue to Great Neck Road) `. `, 0 400 800 1,600 --,,- \ Imm."1 "1....... .m....= Feet P.W./Eng/Eng Support Services 8/29/2022 X:\CADD\Projects\ARC Files\AGENDA MAPS\SGR\Virginia Beach Blvd West Bound(Riddle Avenue to Great Neck Road Fiscal Years FY23 through FY28 Capital Improvement Program Project:PG100401 "Title:Street Reconstruction II "Status:Approved Category:Roadways Department:Public Works Project Type Project Location Project Type:Rehabilitation/Replacement •'strict:Citywide Programmed Funding Programmed Appropriated Budgeted Non-Appropriated Programmed CIP Funding Funding Funding To Date FY23 FY24 FY25 FY26 FY27 FY28 Future 35,250,000 22,350,000 2,150,000 2,150,000 2,150,000 2,150,000 2,150,00. 2,150,00' Description and Scope This program provides funding for the reconstruction of existing roadways.Reconstruction involves the replacement of the existing pavement structure and will be performed on roadways that have reached the end of their service life based on current survey and condition assessments.This annual program includes reconstruction projects funded with Virginia Department of Transportation's(VDOT)State of Good Repair(SGR)/Primary Extension Program resources.Local contributions that must be borne by the locality to use Commonwealth or federal pass through funds may come from this project.This work may additionally include replacement of curb and gutter systems when needed for pavement performance and associated sidewalk replacement.Street Reconstruction is an eligible expenditure for VDOT maintenance funds. Purpose and Need More than half of all the pavement in the City is over 20 years old.Even with optimum maintenance,eventually it reaches the point where maintenance is no longer practical or cost effective.This program addresses the needs identified by the Aging Infrastructure Strategic Recommendations. History and Current Status This program first appeared in the FY 2013-14 CIP.It is a continuation of project Street Reconstruction I,which first appeared in the FY 2000-01 CIP.On August 20,2019,Council accepted and appropriated$1 million in State of Good Repair Program funds to this project and on November 16,2021,Council accepted and appropriated$1.5 million. Operating Budget Impact Comments FY23 FY24 FY25 FY26 FY27 FY28 Total Operating Budget Impacts - - - - - - Total FTE - - - - - Project Map Schedule of Activities Project Activities From-To Amount Design 07/13-06/28 6,450,000 Site Acquisition 07/13-06/28 2,150,000 Construction 07/13-06/28 26,650,000 Total Budgetary Cost Estimate: 35,250,000 NO MAP REQUIRED Means of Financing Funding Subclass Amount Local Funding 30,250,000 Federal Contribution 3,000,000 State Contribution 2,000,000 Total Funding: 35,250,000 FY 2022-23 to FY 2027-28 79 Capital Improvement Program c rQ{, 1l rScy� 75t:"/ < f5, Li or q•V:`-' CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate American Rescue Plan Act Tourism Recovery Program Grants for Meeting and Convention Incentive Program Efforts MEETING DATE: September 20, 2022 • Background: Due to the impacts of the COVID-19 virus, the Virginia Beach Tourism and Hospitality industry experienced disruptions and losses of revenue. The Virginia Tourism Corporation (VTC) was given $50 million in American Rescue Plan Act funding to support local domestic marketing organizations. These funds are intended to support marketing and incentive programs to assist in the rebound after the pandemic. The Convention and Visitors Bureau (CVB) has been awarded a total of $181,300 in nineteen small meeting and incentive grants from VTC to incentivize organizations to hold their conferences and conventions in Virginia Beach. • Considerations: The Convention and Visitor's Bureau plans to spend the various awards for the following conferences and conventions to be held in Virginia Beach: FY 2022/2023 ($66,300): 1. Women's Ministries 2023 Annual Convention - $20,000 for Meeting Room Rental and Audio-Visual Services; 2. 2023 Virginia Transit Association (VTA) Annual Meeting - $5,000 for Food & Beverage; 3. International Association of Auto Theft Investigators (IAATI) 2023 Southeast Regional Chapter Conference - $5,000 for Speaker Fees and Food & Beverage; 4. National Association of Energy Service Companies (NAESC) Annual Conference 2023- Member Meeting and Board Meeting - $5,000 for Speaker Fees, Audio-Visual Services, and Meeting Room Rental; 5. Old Dominion Region Young Life Staff Meeting 2022 - $5,000 for Food & Beverage and Audio-Visual Services; 6. Virginia Coalition for the Prevention of Elder Abuse (VCPEA) 27th Annual Training Conference 2023 - $5,000 for Meeting Room Rental and Audio-Visual Services; 7. 2023 North American Lake Management Society Biennial National Monitoring Conference - $11,300 for Shuttle Transportation; and 8. 40th Annual Central Atlantic Region of Narcotics Anonymous 2023 - $10,000 for Food & Beverage and Meeting Room Rental. FY 2023/2024 ($115,000): 9. American Academy of Environmental Medicine Fall Conference 2023 - $5,000 for Food & Beverage; 10.2024 International Association of Marine Investigators (IAMI) Annual Training - $5,000 for Speaker Fees; 11.Nurse Anesthesiology Faculty Associates- Virginia Commonwealth University (NAFA VCU) 2024 Annual Anesthesia Seminar - $5,000 for Speaker Fees and Shuttle Transportation; 12.United Council On Welfare Fraud (UCOWF) North American Training Conference 2023 - $5,000 for Speaker Fees and Audio-Visual Services; 13.Virginia Municipal Clerks Association (VMCA) 2023 Institutes and Academy- $5,000 for Food & Beverage; 14.Virginia Petroleum and Convenience Marketers Association (VPCMA) Annual Convention 2023 - $5,000 for Food & Beverage; 15.2023 Hampton Roads Church- American Commonwealth Region (HRC ACR) Conference - $20,000 for Facility Rental; 16.Virginia Assisted Living Association (VALA) 2023 Annual Fall Conference - $10,000 for Food & Beverage; 17.Virginia Assisted Living Association (VALA) 2024 Annual Spring Conference - $10,000 for Food & Beverage; 18.Association for Advancing Physician and Provider Recruitment (AAPPR) 2024 Annual Conference - $35,000 for Food & Beverage and Speaker Fees; and 19.Association for Training on Trauma and Attachment in Children (ATTACh) 2023 Annual Conference - $10,000 for Food & Beverage. For the aforementioned conferences and events, the City will be required to contract with the organizations prior to December 31, 2022, and the events are to be held no later than June 30, 2024. Any allowance for beverage does not include alcohol, and speaker fees do not include travel expenses. • Public Information: Normal Council agenda process. • Attachment: Ordinance Recommended Action: Approval Submitting Department/Agency: Convention and Visitors Bureau City Manager: Ay 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 AMERICAN RESCUE PLAN ACT TOURISM RECOVERY 3 PROGRAM GRANTS FOR MEETING AND CONVENTION 4 INCENTIVE PROGRAM EFFORTS 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA: 8 9 That $181,300 is accepted from the American Rescue Plan Act via the Virginia 10 Tourism Authority and appropriated, with federal revenue increased accordingly, to the 11 FY 2022-23 Operating Budget of the Convention and Visitors Bureau, to support various 12 conventions and events to be held in Virginia Beach. 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 the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: (Lk 1 Budget and Management Services C. orn y's ffice CA15909 R-1 September 7, 2022 rs;t w s,tiyg,T if-� f s; ii 1 t, .JJ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate an American Rescue Plan Act Tourism Recovery Program Grant for Sports Marketing Incentive Program Efforts MEETING DATE: September 20, 2022 • Background: Due to the impacts of the COVID-19 virus, the Virginia Beach Tourism and Hospitality industry experienced a significant loss of revenue. Many sports events and tournaments were cancelled or delayed. The Virginia Tourism Corporation (VTC)was given $50 million in American Rescue Plan Act funding to support local domestic marketing organizations. These funds are intended to support marketing and incentive programs to assist in the rebound after the pandemic. The Virginia Beach Convention and Visitors Bureau (CVB) has been awarded a $90,000 grant from VTC to incentivize the Jackalope organization to hold their first United States event in Virginia Beach. • Considerations: If approved, the CVB will use this funding to offset the Host Fee for the Jackalope Festival, which is scheduled to occur in Virginia Beach on June 2-4, 2023. • Public Information: Normal Council agenda process. • Attachment: Ordinance Recommended Action: Approval Submitting Department/Agency: Convention and Visitors Bureau City Manager: 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE AN 2 AMERICAN RESCUE PLAN ACT TOURISM RECOVERY 3 PROGRAM GRANT FOR SPORTS MARKETING 4 INCENTIVE PROGRAM EFFORTS 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA: 8 9 That $90,000 is accepted from the American Rescue Plan Act via the Virginia 10 Tourism Authority and appropriated, with federal revenue increased accordingly, to the 11 FY 2022-23 Operating Budget of the Convention and Visitors Bureau for sports marketing 12 related to the Jackelope Festival. 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 the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services Cit or 's ice CA15910 R-1 September 6, 2022 [ Oa ligiili CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate an Additional $69,061 of Aid to Localities Grant Funding to the Fire Department MEETING DATE: September 20, 2022 • Background: Each year during the budget development process, the Fire Department estimates the amount of Aid to Localities (ATL) Grant funding that will be received from the Commonwealth. ATL provides Virginia cities, towns and counties with population-based funds to pay for training, construction of training centers, firefighting equipment, and protective clothing. In FY 2022-23, the Operating Budget included $1,774,382 in estimated revenue from the ATL Grant program. An additional $69,061 was allocated to the Fire Department by the Virginia Department of Fire Programs since the original estimate. The new total FY 2022- 23 grant award is now $1 ,843,443. • Considerations: The additional $69,061 needs to be appropriated prior to being available to the Fire Department. ATL Grant funds support the purchase of personal protective apparel, equipment, department training, and community outreach activities aimed at educating the public on fire safety. • Public Information: Normal agenda process. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Fire Department City Manager: 9i122 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 AN ADDITIONAL $69,061 OF AID TO LOCALITIES 3 GRANT FUNDING TO THE FIRE DEPARTMENT 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA THAT: 7 8 $69,061 in additional Aid to Localities(ATL) Grant funding is hereby accepted from 9 the Virginia Department of Fire Programs and appropriated, with revenue from the 10 Commonwealth increased accordingly, to the FY 2022-23 Operating Budget of the Fire 11 Department. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2022. Requires the affirmative vote of a majority of all members of the City Council. APPROVED AS TO CONTENT; APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services City Att rne. 0 ice CA15916 R-1 September 7, 2022 £T9 l' i::I CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to Accept and Appropriate $59,000 from the Virginia Department of Emergency Management for the Fire Department's Technical Rescue Program and HazMat Program MEETING DATE: September 20, 2022 • Background: Each year, the City receives funding from the Virginia Department of Emergency Management (VDEM) to support technical rescue response and hazmat activities. The Fire Department has been awarded $38,000 for the Special Operations Technical Rescue Grant. The Special Operations Technical Rescue Grant supports the seven urban search and rescue teams across the Commonwealth who are responsible for the extrication and medical stabilization of victims trapped in collapsed structures. The Fire Department also has been awarded $21,000 for the VDEM HazMat Grant. According to VDEM, the HazMat program provides assistance and support to local jurisdictions and other state agencies and act as the State On-Scene Coordinator during emergency and non-emergency situations involving hazardous materials and weapons of mass destruction. • Considerations: The Special Operations Technical Rescue grant funds will be used to purchase equipment for the Fire Department's technical rescue truck, which will enhance the department's ability to respond to technical rescue calls for service and provide additional protection to first responders during technical rescue incidents. The funds will also be used to help fund a training exercise for the regional Technical Rescue Team. Funding from the FY21 Hazmat Grant will be used to purchase two meters that detect toxic industrial chemicals and chemical-warfare agents that citizens or responders could be exposed to. This grant will also provide funding for the purchase of leak simulation kits, which are used in local and regional training evolutions hosted at the Fire Department's Fire Training Facility. • Public Information: Normal Council agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Fire Department City Manager: 0 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 $59,000 FROM THE VIRGINIA DEPARTMENT OF 3 EMERGENCY MANAGEMENT FOR THE FIRE 4 DEPARTMENT'S TECHNICAL RESCUE PROGRAM 5 AND HAZMAT PROGRAM 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA THAT: 9 10 $59,000 is hereby accepted from the Virginia Department of Emergency 11 Management and appropriated, with revenue from the Commonwealth increased 12 accordingly, to the FY 2022-23 Operating Budget of the Virginia Beach Fire Department 13 for the following purposes: 14 15 a. $38,000 of Special Operations Technical Rescue Grant for the purchase of 16 equipment for a rescue truck and to conduct a training exercise using the 17 regional Technical Rescue Team; and 18 19 b. $21,000 of HazMat Grant for the purchase of two meters that detect toxic 20 industrial chemicals and chemical warfare agents and the purchase of leak 21 simulation kits. Adopted by the Council of the City of Virginia Beach, Virginia on the day of _ , 2022. Requires the affirmative vote of a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: // AA _L 0,ktuf Budget and Management Services Ci on) y's toe CA15917 R-1 September 7, 2022 l -JJ i rW i CITY OF VIRGINIA BEACH AGENDA ITEM 1 ITEM: An Ordinance to Accept and Appropriate $1,136 from the Virginia Beach Library Foundation for Furniture at the Bayside Area and Special Services Library MEETING DATE: September 20, 2022 • Background: In FY 2021-2022, Virginia Beach Public Libraries (VBPL) applied for and received grant funding from the Library of Virginia's allocation of American Rescue Plan Act funding in the amount of $32,107. VBPL used the funds to purchase a new conference table and chairs for the board room at the Meyera E. Oberndorf Central Library, new tables and chairs for the meeting room at the Bayside Area and Special Services Library, and a new staff workstation for Special Services area at the Bayside Area and Special Services Library. VBPL received quotes from the furniture vendor in September 2021 to include with the grant application but unfortunately, those quotes expired before VBPL received notification of the funding approval. When VBPL placed the order for the furniture, some of the prices had increased to the point that the final invoice on the order exceeded the grant award by $1,136, and this overage was applicable to the staff workstation at the Bayside Area and Special Services Library. The Virginia Beach Library Foundation (VBLF) receives contributions from private donors specifically to benefit the Special Services program at the Bayside Library. This location provides library service to residents with visual, physical, and reading disabilities, and it is a cooperative effort with the National Library Service for the Blind and Print Disabled. Since the new workstation is for the Special Services staff and will help them increase their efficiency, productivity, and availability to customers, the VBLF has agreed to donate the difference between the grant award and new workstation invoice. • Considerations: This donation from the VBLF allows the entire purchase to be funded by external dollars as originally intended and prevents VBPL from having to incur an unbudgeted expense in FY 2022-23. • Public Information: Normal Council agenda process. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Department of Public Libraries City Manager: fil9 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE $1,136 2 FROM THE VIRGINIA BEACH LIBRARY FOUNDATION 3 FOR FURNITURE AT THE BAYSIDE AREA AND SPECIAL 4 SERVICES LIBRARY 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 $1,136 is hereby accepted from the Virginia Beach Library Foundation and 10 appropriated, with revenues increased accordingly, to the FY2022-23 Operating Budget 11 of the Public Libraries to provide a reimbursement for furniture purchased for the Bayside 12 Area and Special Services Library. 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 members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Cjtladcdja, ___ __— Budget and Management Services i tto y's Office CA15912 R-1 September 7, 2022 s,,rr N'M r� ��\S L72 1- 4 1s� j 3 ut:\•v. 't�1'r CITY OF VIRGINIA BEACH LAGENDA ITEM ITEM: An Ordinance to Transfer $300,000 within the FY 2022-23 Operating Budget of the Waste Management Fund MEETING DATE: September 20, 2022 • Background: The Public Works Waste Management Division has been leasing waste collection trucks in the past two years. This has been necessary to mitigate unforeseen issues with supplies and logistics when replacing older trucks. The Waste Management Division has ordered seven new waste collection trucks, which were expected to be delivered at the beginning of the FY 2022-23. However, due to further delays by the vendor related to supply chain and other logistical issues, the trucks are now expected to be delivered by the end of the current fiscal year. To be able to continue normal operations, the Waste Management Division needs to continue leasing waste collection trucks until the ordered trucks are delivered. This request is a transfer from controlled capital accounts to an operating account. In addition, the Waste Management Division is currently in the process of placing an order for additional trucks. There are sufficient funds in capital outlay accounts for placing the order and to release $300,000 to continue leasing waste collection trucks. • Considerations: Funding provided will support the continuation of leasing by the Waste Management Division, and this transfer is needed to support routine operations without delays in waste collection. • Public Information: Normal City Council agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Public Works City Manager:reP 1 AN ORDINANCE TO TRANSFER $300,000 WITHIN 2 THE FY 2022-23 OPERATING BUDGET OF THE 3 WASTE MANAGEMENT FUND 4 5 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA, THAT: 7 8 $300,000 is hereby transferred from the capital outlay accounts to the operating 9 accounts of the FY 2022-23 Operating Budget of the Waste Management Enterprise 10 Fund. 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: ("L - Budget and Management Services o 's Office CA15915 R-1 September 7, 2022 [ --;Clink.,, CITY OF VIRGINIA BEACH AGENDA ITEM ITEMS: An Ordinance to Transfer $217,354 from Capital Project #100557, "Flood Mitigation Assistance Grant IV,"to Operating Budget of the Office of Emergency Management for Home Elevation Costs and Project Administration MEETING DATE: September 20, 2022 • Background: The objective of the Federal Emergency Management Agency (FEMA) Flood Mitigation Assistance (FMA) grant program is to reduce or eliminate the risk of repetitive flood damage to buildings insured by the National Flood Insurance Program. The City's grant-funded FY 2019 FMA Acquisition Project originally included three properties that are directly adjacent to a City-owned neighborhood park. The properties will be acquired and demolished, with the open space being incorporated into the park, thereby increasing green space and adding additional flood storage. Homeowner participation is voluntary, and one of the property owners withdrew from the program due to concerns with the grant timeline. The homeowner's voluntary withdrawal from the program left $217,354 of the original $803,061 in federal allocation unobligated in the FY 2019 FMA Acquisition Project, which is currently appropriated within Capital Project #100557 "Flood Mitigation Assistance Grant IV." The Office of Emergency Management sent a letter to the Virginia Department of Emergency Management requesting that these extra funds be transferred from the FY 2019 Acquisition Project to the City's FMA FY 2019 Elevation Project, which includes six Severe Repetitive Loss (SRL) properties. FEMA approved the request, and that letter is attached. These funds would be used to cover increases in construction costs and material costs due to the current inflationary environment. The FEMA FMA 2019 Elevation Grant is used to elevate the SRL properties 2 feet to reduce the flooding risk significantly for these homes while making them compliant with local floodplain ordinances. The six SRL properties residences will be elevated using qualified and licensed engineers and contractors who will comply with all applicable building codes and floodplain ordinances. • Considerations: The total grant amount for the FEMA FMA 2019 Elevation Project will increase from $1,882,004 to $2,099,358. The extra funds will be used to address the increases in construction and material costs and project administration. • Public Information: Normal Council agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance; FEMA Budget Amendment Approval Recommended Action: Approval Submitting Dep Z t/Agency: Office of Emergency Management City Manager: ' 1 AN ORDINANCE TO TRANSFER $217,354 FROM 2 CAPITAL PROJECT #100557, "FLOOD MITIGATION 3 ASSISTANCE GRANT IV," TO THE OPERATING 4 BUDGET OF THE OFFICE OF EMERGENCY 5 MANAGEMENT FOR HOME ELEVATION COSTS AND 6 PROJECT ADMINISTRATION 7 8 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 9 VIRGINIA THAT: 10 11 $217,354 is hereby transferred from Capital Project #100557, "Flood Mitigation 12 Assistance Grant IV," to the Federal Emergency Management Agency Flood Mitigation 13 Assistance 2019 Elevation Grant in the FY 2022-23 Operating Budget of the Office of 14 Emergency Management to cover increased construction costs, material costs and 15 project administration. 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: 11 Budget and Management Services City A ey' ice CA15918 R-1 September 7, 2022 U.S.Department of Homeland Security Federal Emergency Management Agency Region 3 One Independence Mall 615 Chestnut Street,6th floor Philadelphia,PA 19106-4404 ty , FEMA to4. ,AND St‘' August 17, 2022 Shawn Talmadge State Coordinator Virginia Department of Emergency Management(VDEM) 9711 Farrar Court, Suite 200 North Chesterfield, Virginia 23236-3713 Re: Budget Amendment Program: Flood Mitigation Assistance (FMA) Program Prime Grant Number: EMP-2020-FM-E004 Project Numbers: FMA-PJ-03-VA-2019-006 FMA-PJ-03-V A-2019-007 Dear Mr. Talmadge: We have reviewed and approve your budget amendment requests dated June 15 and August 15, 2022 respectively, for the Flood Mitigation Assistance (FMA)projects titled City of Virginia Beach Acquisition of 3 Properties(FMA-PJ-03-VA-2019-006)and City of Virginia Beach Elevation of 6 Properties(FMA-PJ-03-VA-2019-007). For project 006, your letter states that the budget amendment request is required due to the withdrawal of one of the three Severe Repetitive Loss (SRL) properties included at the time of the application. The modified budget specifies a decrease in the overall budget. The original approved budget for this project was $803,061 federal share. After applying the amended budget adjustments, the revised budget amount is now $585,707 federal share which is a decrease of$217,354 for the total project budget. You are requesting approval to re-allocate the $217,354 to project 007 due to challenges of inflation in receiving quotes that are conducive with current budget with an amendment request forthcoming for approval of funds. There will be no changes to the project timeline or project scope. Summarized below is the original budget cost and proposed budget cost of the above project(FMA- PJ-03-VA-2019-006): Original Project Proposed Revised Funding Source Budget Net Decrease Budget Federal Share $803,061.00 $217,354.00 $585,707.00 Non-Federal Share 0 _ 0 0 Total $803,061.00 $217,354.00 $585,707.00 Mr. Talmage FMA-PJ-03-VA-2019-006 & FMA-PJ-03-VA-2019-007/EMP-2020-FM-E004 Page 2 Project Budget Details for FMA-PJ-03-VA-2019-006 Description Original Budget Net Decrease Revised Budget Acquisition Costs $734,820.00 $198,580.00 $536,240.00 Demolition Costs $21,000.00 $5,558.00 $15,442.00 Legal Fees $9,000.00 $2,859.00 $6,141.00 Project Management $38,241.00 $10,357.00 $27,884.00 Total $803,061.00 $217,354.00 $585,707.00 Summarized below tables outlining the properties remaining in this project and one withdrawn. Withdrawn Property Property Owner Address Latitude Longitude Dayan Rodriguez and 3216 Northgate Drive Sandra Santiago Virginia Beach, VA 23452 36.8161505 -76.086929 Remaining Project List Property Owner Address Latitude Longitude Jason and Krystal Hirsch 3221 Northgate Drive Virginia Beach, VA 23452 36.8157805 -76.08722 James and Elizabeth 3704 Gresham Court Booher Virginia Beach, VA 23452 36.825218 -76.09923 Summarized below is the original budget cost and proposed budget cost for project(FMA-PJ-03-VA- 2019-007): Original Project Proposed Revised Funding Source Budget Net Increase Budget Federal Share $1,882,004.00 $217,354.00 $2,099,358.00 Non-Federal Share 0 0 0 Total $1,882,004.00 $217,354.00 $2,099,358.00 Project Budget Details for FMA-PJ-03-VA-2019-007 Description Original Budget Net Increase Revised Budget Pre-Award Costs $5,000.00 $0.00 $5,000.00 Engineering Design and Oversight $128,820.00 $0.00 $128,820.00 Elevation Construction Costs $1,623,342.00 $206,478.00 $1,829,820.00 Temporary Relocation $35,460.00 $0.00 $35,460.00 Project Management Costs $89,382.00 $10,876.00 $100,258.00 Total $1,882,482.00 $217,354.00 $2,099,358.00 www.fema.gov Mr. Talmage FMA-PJ-03-VA-2019-006 & FMA-PJ-03-VA-2019-007/EMP-2020-FM-E004 Page 3 Please ensure that all quarterly and final programmatic and financial reports are submitted to the FEMA office. The progress report, Federal financial report(SF 425), and any/all other deliverables are due to our office 30 days after the end of each fiscal quarter. Your next quarterly report is due October 30, 2022, for period ending September 30, 2022. If you have any questions,please contact your Project Officer, Tanya Graham Simms, at 215-687- 0238 or tanya.grahamsimms@fema.dhs.gov, or your Lead Grants Management Specialist, Marissa Kapuscinski, at 202-374-8899 or marissa.kapuscinski@fema.dhs.gov. Sincerely, REGEANE EGEANEFREDERIQUE FREDERIQUE to.0?022.08.17 19.43.48 Regeane Frederique Director, Grants Division cc: Robert Coates, VDEM Debbie Messmer, VDEM Dustin Brosius, FEMA Angel Gillette, FEMA Tanya Graham-Simms, FEMA Marissa Kapuscinski, FEMA www.fema.gov 4.9',-IF -, 1 `iy / NOTICE OF PUBUC HEARING A Public Hearing of the Virginia Beach City Council will be held on Tuesday, September 20,2022 at 6:00 p.m.in the Council Chamber at City Hall,2nd Floor at 2401 Courthouse Drive,Building 1,Virginia Beach,VA 23456.Members of the public will be able to observe the City Council meeting through livestreaming on www.vbgov.com,broadcast on VBTV,and via WebEx.Citizens who wish to speak can sign up to speak either in-person at the Council Chamber or virtually via WebEx by completing the two-step process below.All interested parties are invited to observe. If you wish to make comments virtually during the public hearing,please follow the two-step process provided below: 1. Register for the WebEx at: httos://vOgov.webex.com/vOgov/onstage/g.oho?MTID=e01296a6d 892ac98cd370140c142e77bb 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m.on September 20,2022. The following requests are scheduled to be heard: Frank A.Zingales&James T.Cromwell,Esq.Receiver for Shore Realty Corporation, a Defunct Corporation (Applicants) Street Closure Address: Portion of the unimproved right-of-way between 200,202&204 76th Street Adjacent GPIN(s): 2419672161,24196710781840,24196710781850 Council District District 6 Dam Neck Associates,LLC(Applicant&Property Owner)Modification of Proffers for development of 612 apartment units at a density of 18 units/acre Address:872 Dam Neck Road GPIN(s):2415757941 Council District District 5 Ocean Condominium Developers, LLC, a Virginia Limited Liability Company (Applicant)ORP Ventures,LLC(Property Owner)Modification of Conditions(Non- Conforming Use)Address:404 34th Street GPIN(s):2418923981 Council District District 6 Atlantic Park, Inc&Virginia Beach Development Authority(Applicants)Virginia Beach Development Authority(Property Owner)Major Entertainment Venue Sign Address: Block bordered by Arctic&Baltic Avenues and 19.&20t"Streets& double block bordered by Pacific&Arctic Avenues&18'"&20th Streets GPIN(s): 2427079524, 2427074883, 2427073669,2427170853, 2427073711, 2427075737, 2427073536, 2427074802, 2427073767, 2427073660, 2427074517, 2427076808, 2427076990, 2427073705, 2427074757, 2427077707, 2427072890, 2427170516, 2427172611 Council District District 6 Atlantic Park, Inc&Virginia Beach Development Authority(Applicants)Virginia Beach Development Authority (Property Owner) Modification of Conditions Address: Block bordered by Arctic&Baltic Avenues and 19th&20th Streets& double block bordered by Pacific&Arctic Avenues&18.&20t"Streets GPIN(s): 2427079524, 2427074883, 2427073669,2427170853, 2427073711, 2427075737, 2427073536, 2427074802, 2427073767, 2427073660, 2427074517, 2427076808, 2427076990, 2427073705, 2427074757, 2427077707, 2427072890, 2427170516, 2427172611 Council District District 6 Mike Daubert(Applicant)Back Bay Farms,Inc(Property Owner)Conditional Use Permit(Assembly Use)Address: 1833 Princess Anne Road GPIN(s): Portion of 240393733 Council District District 2 AMERCO Real Estate Company(Applicant)Thomas Brill Trust(Property Owner) Conditional Use Permits (Truck &Trailer Rentals & Mini-Warehouse)Address: Parcel on the southern corner of Holland Road&Stoneshore Road,directly west of 3427 Holland Road GPIN(s):1486810742 Council District District 10 CITY OF VIRGINIA BEACH-An Ordinance to add Sections 250,251,252,253 and 254 of the City Zoning Ordinance pertaining to lighting requirements. 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,MMC City Clerk BEACON-SEPTEMBER 4,2022&SEPTEMBER 11,2022-1 TIME EACH L. PLANNING 1. FRANK A. ZINGALES & JAMES T. CROMWELL, ESQ., RECEIVER FOR SHORE REALTY CORPORATION,A DEFUNCT CORPORATION for a Street Closure re portion of the unimproved lane adjacent to the rear of 200 76th Street DISTRICT 6(Formerly District 5- Lynnhaven) RECOMMENDATION: APPROVAL 2. DAM NECK ASSOCIATES, LLC for a Modification of Proffers to a Conditional Rezoning re a multi-family development at 872 Dam Neck Road DISTRICT 5 (Formerly District 7-Princess Anne) RECOMMENDATION: APPROVAL 3. OCEAN CONDOMINIUM DEVELOPERS, LLC/ ORP VENTURES, LLC for a Modification of Conditions re two(2)duplexes at 404 34th Street DISTRICT 6(Formerly District 6- Beach) RECOMMENDATION: APPROVAL 4. ATLANTIC PARK, INC. & VIRGINIA BEACH DEVELOPMENT AUTHORITY/ VIRGINIA BEACH DEVELOPMENT AUTHORITY for a Modification of Conditions to Alternative Compliance re four(4)70-foot light poles and one (1)60-foot light pole within the Surf Park Facility located at the block bordered by Arctic and Baltic Avenues, 19th&20th Streets and double block bordered by Pacific and Arctic Avenues, and 18th and 20th Streets DISTRICT 6 (Formerly District 6- Beach) RECOMMENDATION: APPROVAL 5. ATLANTIC PARK, INC. & VIRGINIA BEACH DEVELOPMENT AUTHORITY/ VIRGINIA BEACH DEVELOPMENT AUTHORITY request for a Major Entertainment Venue Sign located at the block bordered by Arctic and Baltic Avenues, 19th & 20th Streets and double block bordered by Pacific and Arctic Avenues, and 18th and 20th Streets DISTRICT 6 (Formerly District 6- Beach) RECOMMENDATION: APPROVAL 6. MIKE DAUBERT/ BACK BAY FARMS. INC for a Conditional Use Permit re assembly use at 1833 Princess Anne Road DISTRICT 2 (Formerly District 7- Princess Anne) RECOMMENDATION: APPROVAL 7. AMERCO REAL ESTATE COMPANY/ THOMAS BRILL IRREVOCABLE TRUST, HOWARD E.GORDON,TRUSTEE for a Conditional Use Permit re a mini-warehouse,truck and trailer rentals at the Southern Corner of the Intersection of Holland Road and Stoneshore Road, West of 3427 Holland Road DISTRICT 10 (Formerly District 3- Rose Hall) RECOMMENDATION: APPROVAL 8. Ordinance to ADD Sections 250, 251, 252, 253, and 254 to the City Zoning Ordinance(CZO)re lighting requirements (Sponsored by Council Member Henley) RECOMMENDATION: APPROVAL R5R(NE) IP I ''Vli _.-------- wstLt � i , * R5R(NE) ////�// R5R(N,�E) , i C3 ,/Air /ill/ street ,- r V 1500 1.5iP/:_:-c- - \ 0 _..........01.0...............72.aga \\ , iNag.. 95IRCNE)* .\ m1. WASTC Approved by CC on 9/15/2020 Frank A. Zingales & James T. Cromwell, Esq., N %%, s;te Receiver for Shore Realty Corporation, "''�� E Property Polygons aDefunctCorporation C oration s O Zoning Portion of the Unimproved Right-of-Way Between 200, 202, & 204 76th Street Building m mom= mom. Feet 012.525 50 75 100 125 150 U s6 --'-,LET fig S) L iii ! i 4t •., CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: Ordinance Approving Application of Frank A. Zingales and James T. Cromwell, Esq., Receiver for Shore Realty Corp., for the Closure of a Portion of an Unimproved Lane Adjacent to the Rear of 200 76th Street MEETING DATE: September 20, 2022 • Background: Frank A. Zingales ("Zingales"), owner of 200 76th Street and James T. Cromwell Esq., Receiver for Shore Realty Corp., (collectively the "Applicants") requested the closure of approximately 750 square feet of an unimproved lane (the "Right-of- Way") adjacent to the rear of Zingales's property, located at 200 76th Street(GPINs 2419-67-2161 & 2419-67-2183), for the purpose of incorporating the closed area into Zingales' adjoining property. The underlying fee title in the area proposed for closure is vested in Shore Realty Corporation, a defunct corporation. Zingales petitioned the Court to have a Receiver appointed for the purpose of making application for closure of the Right- of-Way. By Court order entered on August 1, 2022, James T. Cromwell, Esq. was appointed Receiver for Shore Realty Corporation and was authorized to convey the fee interest of the Right-of-Way to the adjoining property owner for this proposed street closure request. • Considerations: On September 15, 2020, City Council approved the closure of portions of the unimproved lanes located in the same block as 200 76th street. The then owner of 200 76th street elected not to participate in the closure. The Viewers determined that the closure of the Right-of-Way, with conditions set forth below, will not result in any public inconvenience. There was no opposition to the request. • Recommendation: On August 10, 2022, the Planning Commission passed a motion to recommend this item on the Consent Agenda, passing a motion by a recorded vote of 10-0, to recommend approval of this request, subject to the following conditions: 1 . The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of the City's Frank A. Zingales and James T. Cromwell Esq. Page 2 of 2 Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Planning Department. 2. The Applicants shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining lots. The resubdivision plat must be submitted and approved for recordation prior to the final street closure approval. Said plat shall include the dedication of a public drainage easement over the closed portion of the lane to the City of Virginia Beach, subject to the approval of the Department of Public Works, and the City Attorney's Office, which easement shall include a right of reasonable ingress and egress. 3. The Applicants or the Applicants' successors or assigns shall verify that no private utilities exist within the right-of-way proposed for the closure. If private utilities do exist, easements satisfactory to the utility company, must be provided. 4. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by the City Council. If the conditions noted above are not accomplished and the final plat is not approved for recordation within one year of the City Council vote to close the right-of-way this approval shall be considered null and void. • Attachments: Ordinance (w/ Exhibit A) Staff Report and Disclosure Statement Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department A 3I - - -1-‘- City Manager: 1 ORDINANCE APPROVING THE APPLICATION OF 2 FRANK A. ZINGALES AND JAMES T. 3 CROMWELL, ESQ., RECEIVER FOR SHORE 4 REALTY CORP., FOR THE CLOSURE OF A 5 PORTION OF AN UNIMPROVED, UNNAMED 6 LANE ADJACENT TO THE REAR OF 200 76TH 7 STREET 8 9 WHEREAS, Frank A. Zingales and James T. Cromwell Esq., Receiver for Shore 10 Realty Corp., (the "Applicants") applied to the Council of the City of Virginia Beach, 11 Virginia, to have the hereinafter described portion of an unimproved, unnamed right-of- 12 way discontinued, closed, and vacated; and 13 14 WHEREAS, it is the judgment of the Council that said portion of right-of-way be 15 discontinued, closed, and vacated, subject to certain conditions having been met on or 16 before one (1) year from City Council's adoption of this Ordinance. 17 18 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 19 Beach, Virginia: 20 21 SECTION I 22 23 That the hereinafter described portion of unimproved, unnamed right-of-way (the 24 "Right-of-Way") be discontinued, closed and vacated, subject to certain conditions being 25 met on or before one (1) year from City Council's adoption of this ordinance: 26 27 ALL THAT certain piece or parcel of land situate, lying and 28 being in the City of Virginia Beach, Virginia, designated and 29 described as "AREA OF PROPOSED STREET CLOSURE 30 (750 SQ. FT. OR 0.017 ACRES)", and shown as the cross- 31 hatched area on that certain street closure exhibit entitled: 32 "STREET CLOSURE EXHIBIT OF A 15' X 50' PORTION OF 33 THE 15' LANE (PUBLIC R/VV) ADJACENT TO LOTS 13 & 34 14 SHORE REALTY CORP. (M.B. 7, PG. 124) VIRGINIA 35 BEACH, VIRGINIA", Scale: 1" = 20', dated May 20, 2022, 36 prepared by WPL, a copy of which is attached hereto as 37 Exhibit A. 38 39 SECTION II 40 41 The following conditions must be met on or before one (1) year from City 42 Council's adoption of this ordinance: 43 44 1. The City Attorney's Office will make the final determination regarding 45 ownership of the underlying fee. The purchase price to be paid to the City shall be 46 determined according to the "Policy Regarding Purchase of City's Interest in Streets No GPIN assigned (City Right-of-Way) Adjacent GPINs: 2419-67-2161, 2419-67-2183, 2419-67-1078-1840 & 2419-67-1078- 1850 47 Pursuant to Street Closures", approved by City Council. 48 49 2. The Applicants shall resubdivide the property and vacate the internal lot 50 lines to incorporate the Right-of-Way into the adjoining lot. The Resubdivision plat must 51 be submitted and approved for recordation prior to the final street closure approval. 52 Said plat shall include the dedication of a public drainage easement over the Right-of- 53 Way to the City of Virginia Beach, subject to the approval of the Department of Public 54 Works, and the City Attorney's Office, which easement shall include a right of 55 reasonable ingress and egress. 56 57 3. The Applicants shall verify that no private utilities exist within the Right-of- 58 Way proposed for closure. If private utilities do exist, easements satisfactory to the utility 59 company must be provided. 60 61 4. Closure of the Right-of-Way shall be contingent upon compliance with the 62 above-stated conditions within 365 days of approval by City Council. If the conditions 63 noted above are not accomplished and the final plat is not approved for recordation 64 within one (1) year of City Council approval, said approval shall be considered null and 65 void. 66 67 SECTION III 68 69 1. If the preceding conditions are not fulfilled on or before September 19, 70 2023, this Ordinance will be deemed null and void without further action by the City 71 Council. 72 73 2. If all conditions are met on or before September 19, 2023, the date of final 74 closure is the date the street closure ordinance is recorded by the City Attorney. 75 76 3. In the event the City of Virginia Beach has any interest in the underlying 77 fee, the City Manager or his designee is authorized to execute whatever documents, if 78 any, that may be requested to convey such interest, provided said documents are 79 approved by the City Attorney's Office. 80 81 SECTION IV 82 83 A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit 84 Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF 85 VIRGINIA BEACH (as "Grantor") and FRANK A. ZINGALES and JAMES T. 86 CROMWELL, ESQ., Receiver for Shore Realty Corp., (collectively, as "Grantee"). 87 88 Adopted by the Council of the City of Virginia Beach, Virginia, on this day 89 of , 2022. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 141.1 Cjo; I � _ PlanningDe rtmeni Ci A orney Y CA15789 \\vbgov.com\dfs 1\applications\citylaw\cycom32\wpdocs\d030\p038\00827879.doc R-1 September 13, 2022 Exhibit A N/F CHRISTOPHER G. CARZO & CYNTHIA E. FULMER—CARZO GPIN: 2419-67-1078-1840 AREA OF PROPOSED —00,F6',14 ,sT AND STREET CLOSURE 00�c N D 9Sys��titi� DEBORAH DARE (750 SQ. FT. OR 8L 0 n,.,0074, GPIN: LOTS 15 &0;6-1850 0.017 ACRES) 47 '/9 (M.B. 7, PG. 124) ' 15' LANE N 14 18'24" W 50.00' , p p;1 N.B. 7, PG. 124) r h a 16 (UNIMPROVED) h S 14'18 2 E 50.00 1 1 N/F LOT 13 LOT 14 HENRY C GALUMBECK (M.B. 7, PG. 124) (M.B. 7, PG. 124) IRREVOCABLE TRUST p GPIN: GPIN: kl ILj cs p 2419-67-2161 2419-67-2183 0 (I.N. 20140407000294230) p LOTS 10, 11, & 12 0 0 CC .s r . (M.B. 7, PG. 124) - k �_ GPIN: 2419-67-2076 0 0 CA) ''' Ili h W N. LJ :41 ' `- 441 40 I,TH pp N h (0 2 o c. co +, • RIC . ARNER- Lic. . 2904 05/23/2022 ,� SUg'l S 14'18'24" E 50.00' NOTES: 1. THIS EXHIBIT IS INTENDED TO SHOW THE ATLANTIC AVENUE AREA OF PROPOSED RIGHT—OF—WAY CLOSURE (120' R/W) (M.B. 1, PG. 8b) (D.B. 119, PG. 213) AND INDEPENDENT OF THE ASSOCIATED RECORD DOCUMENT(S) AND IS NOT INTENDED 0 20 40 60 Feet FOR ANY OTHER THAN GENERAL REFERENCE. 2. A TITLE REPORT HAS NOT BEEN PROVIDED GRAPHIC SCALE 1” = 20' FOR THIS PROPERTY. STREET CLOSURE EXHIBIT m- 15rAw-- ----1 ii- OF A 15'x50' PORTION OF THE 15' LANE (PUBLIC R/W) ADJACENT TO LOTS 13 & 14 SHORE REALTY CORP. Landscape Architecture N.B. 7, PG. 124) Land Suryeyirlg VIRGINIA BEACH, VIRGINIA corn, 757.431.1041 SHEET 1 OF 1 2Civl�tirEng ten SE 81CW1 v123112 SCALE: 1"=20' MAY 20, 2022 CAD/cblc BKM/eag CITY OF VIRGINIA BEACH, VA I F.B.937 PG.2-3 I PLAT: S-246 I JN:222-0125 Applicants Frank A. Zingales & James T. Cromwell, Esq., Agenda Item Receiver for Shore Realty Corporation, a defunct corporation 8 \)IB Planning Commission Public Hearing August 10, 2022 Virginia Beach City Council District District 6,formerly Lynnhaven Request Street Closure ti Staff Recommendation $ts,Street A \ Approval ` go s'ee` --\ .. ____\ Staff Planner11. Marchelle Coleman t Location in 1 Portion of the unimproved right-of-way dill k� between 200, 202 & 204 76th Street s ' GPINs 'A 2419672161, 24196710781840, ����rQet 11 24196710781850 % d greet �� 1 Site Size a ,tom Street is 750 square feet AICUZ /0t„greet Less than 65 dB DNL Watershed Atlantic Ocean ..- , • `,....7,1,A Vik \:a V •-, r N. li Existing Land Use and Zoning District ' *• , KA ' Unimproved lane -r`, v __ -y'' Surrounding Land Uses and Zoning Districts J,..= . i North . ,r,-. . . , s - . 76th Street =*`,fit rc- Duplexes, single-family dwellings/ R-5R (NE) r4.,\ _; Residential (North End Overlay) ',- •N ,,,, J i y y SouthIiii - - - ', . �. • 7 Unimproved lane • �' ' ';` . East III: ' + i _;Single family dwelling/ R-5R (NE) Residential - . ;. '- (North End Overlay •; :11)., 71k = West t Duplex/ R-5R (NE) Residential (North End A. Overlay Frank A. Zingales&James T. Cromwell, Esq., Receiver for Shore Realty Corporation, a defunct corporation Agenda Item 8 Page 1 Background & Summary of Proposal • The applicant is requesting to close a portion of the unimproved lane that is adjacent to the rear lot line of the single-family dwelling at 200 76th Street as well as adjacent to the side lot line of the duplex at 202 and 204 76th Street. As shown on the submitted street closure exhibit, the proposal includes closure of a 15-foot wide by 50-foot long portion of the unimproved lane,totaling 750 square feet, and incorporating that land into the existing adjacent residential lot to the east addressed as 200 76th Street and as identified as Lots 13 & 14, Shore Realty Corp. on the submitted survey.The property owner of the duplex at 202 and 204 76th Street is not interested in the purchase of half of this lane. • On September 15, 2020,the City Council approved the closure of a portion of the southern half of this lane adjacent to Lots 8, 9, 10, 46 and the southern 15 feet of Lot 11. At that time, the applicant (Frank A. Zingales)was one of the property owners along this lane who was not party to that application. • The underlying fee title in the area proposed for closure is vested in Shore Realty Corporation, a defunct corporation. In 2020,the property owners of the residential lots adjacent to the area proposed for closure joined together to petition the court to have a Receiver appointed for the purpose of making application for closure of the alley and lanes between 75th and 76th Streets. By Court order entered on August 1, 2022,James T. Cromwell was appointed Receiver for Shore Realty Corporation and received approval to convey the fee interest of the lane to the respective adjoining property owner for this proposed street closure request. 6R E� �_- Zoning History # Request 1 STC(Portion of unimproved lane between 75th&76th Streets)Approved 09/15/2020 R(NE) I*010 I I I I I I I I I I I I I I I I I I I I Application Types CUP—Conditional Use Permit MDC—Modification of Conditions STC—Street Closure SVR—Subdivision Variance REZ—Rezoning MDP—Modification of Proffers FVR—Floodplain Variance LUP—Land Use Plan CRZ—Conditional Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental Evaluation & Recommendation As required by City Code, a Viewers' Meeting was held on June 15, 2022,that included City Staff from the Departments of Public Works, Planning and Community Development, and the Office of the City Attorney, to consider this request. The Viewers determined that the proposed closure will not result in a public inconvenience;therefore, closure of this portion of right-of-way is deemed acceptable. This portion of the unimproved lane (15-foot wide by 50-foot long) does not provide pedestrian or vehicular access to any waterway, recreation area, or residence;therefore, no vehicular or pedestrian connectivity would be lost with this Frank A. Zingales&James T. Cromwell, Esq., Receiver for Shore Realty Corporation, a defunct corporation Agenda Item 8 Page 2 closure request. There are no public utilities within this lane, as indicated by the Department of Public Utilities. However,the Department of Public Works has specified a need for a drainage easement over the proposed closed area to be included on the resubdivision plat, as recommended in Condition 2. As stated previously, on September 15, 2020, City Council approved closure of a portion of the alleys and lanes between 75th and 76th Streets. These types of closures have been done in this area before and has not resulted in any public inconvenience. If this request is approved, a 15-foot wide by 35-foot long portion along this lane will remain unclosed, as those property owners are not interested in acquiring this section of the unimproved lane abutting their properties at this time. Based on the considerations above, Staff recommends approval of the proposed Street Closure subject to the Conditions listed below. Recommended Conditions 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee.The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of the City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Planning Department. 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining lots.The resubdivision plat must be submitted and approved for recordation prior to the final street closure approval. Said plat shall include the dedication of a public drainage easement over the closed portion of the lane to the City of Virginia Beach, subject to the approval of the Department of Public Works, and the City Attorney's Office,which easement shall include a right of reasonable ingress and egress. 3. The applicant or the applicant's successors or assigns shall verify that no private utilities exist within the right-of-way proposed for the closure. If private utilities do exist, easements satisfactory to the utility company, must be provided. 4. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by the City Council. If the conditions noted above are not accomplished and the final plat is not approved for recordation within one year of the City Council vote to close the right-of-way this approval shall be considered null and void. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Natural & Cultural Resources Impacts The site is located in the Atlantic Ocean watershed.There does not appear to be significant natural or cultural resources associated with the site. Frank A. Zingales&James T. Cromwell, Esq., Receiver for Shore Realty Corporation, a defunct corporation Agenda Item 8 Page 3 Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s)was placed on the property on July 11, 2022. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,July 24, 2022 and July 31, 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 July 25, 2022. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of www.vbgov.com/pc on August 4, 2022. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, September 4, 2022 and September 11, 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 September 5, 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 September 16, 2022. Frank A. Zingales &James T. Cromwell, Esq., Receiver for Shore Realty Corporation, a defunct corporation Agenda Item 8 Page 4 Street Closure Exhibit N/F CHRISTOPHER G. CARZO & CYNTHIA E. RIMER-CARZO GPIN: 2419-67-1078-1840 AREA OF PROPOSED ccbRo�v� Sr AND STREET CLOSURE ZOr�E, 9ss�f'!.^,�- DEBORAH DARE 1(750 SQ. FT. OR 9,4s, GPIN: 2419-67-1078-1850 0.017 ACRES) hq,9*) LOTS 15 & 16 (M.B. 7, PG. 124) 15' LANE (p/ W5O. \JN 14'18'24- RII (M.B. 7, PGA 124) r h h4 (UNIMPROVED) :h AI S 14'18 2 E 50.00 1 1 N/ LOT 13 LOT 14 N HENRY C GALUMBECK (M.B. 7, PG. 124) (N.B. 7, PG. 124) A IRREVOCABLE TRUST GPIN: GPIN: • (I.N. 20140407000294230) 2419-67-2161 2419-67-2183 g LOTS 10, 11, & 12 $ - ram• (M.B. 7, PG. 124) GPIN: 2419-67-2076 g Cl)2 to ib ki CI) Z1 iv a I :11 r)(° S Lii k ,1 tk LIE Off+ :7. h CO o r y a 1RNER4 Lie. . 2904 1 1, 05/23/2022 ,� so I 1 S 14'18 24' E 50.00' NOTES: 1. THIS EXHIBIT IS INTIMED TO SHOW THE ATLANTIC AVENUE AREA OF PROPOSED RIGHT-OF-WAY CLOSURE (120' R/W) Na 1, PIS 8b) (.. 11a. PIS 213) AND INDEPENDENT OF THE ASSOCIATED RECORD DOCUI NT(S) AND IS NOT INTENDED 0 20 40 60 Feet FOR ANY OTHER THAN GENERAL REFERENCE. 2. A TITLE REPORT HAS NOT BEEN PROVIDED GRAPHIC SCALE 1' = 20' FOR THS PROPERTY. STREET CLOSURE EDIT OF _ A 15'x50' PORTION OF THE =_____._ _ ±_ 15' LANE (PUBLIC R/W) ADJACENT TO LOTS 13 & 14 SHORE REALTY CORP. N.B. 7, PG. 124) '=' VIRGINIA BEACH, VIRGINIA 757.431.1041 SHEET 1 OF 1 -Irk 1R!E 1 WM ECK r Zig SCALE: 1"=20' MAY 20, 2022 CAD/ems BZI[/eag CITY 07 VIRGiNIA BEAM VA 17.B.937 PG.2-3 I PIAT:S-248 L IN:222-0126 Frank A. Zingales &James T. Cromwell, Esq., Receiver for Shore Realty Corporation, a defunct corporation Agenda Item 8 Page 5 Site Photos it. - -- --l - ;� :lam •_L.'� 21 _..�• 71n -• ...s,,, ----- •.t.-. -. -.,. - ---..... .:....: .._...- .4......---• . --... .ef---_,,......... e-4.'It ,,' 't--;••- t t �. YS Lj �, may" d - w 3! . R , .,- S�= � , .e S . _ -�.-.sr ilk ;"^lnC-ram - - .s/ -�.`,, . .-.'...,-.-,.r_..-'.".,..--',--.,_."..,.....'-...r......,_..,. ems. max, r ♦ .i r -Y, ..`r* sY •f 1, ''"T --.',•Y„ 4 , v E�i5�i'3y sy ;.-+ - i - •.7 .+ 1. t r r Y.-Le 4 +t„• S ,oe. '7 f" 7r•Y -0 - + +trr‘'tv 4; .74'.,, 4i• .:_. , ., • n.•s7'%^: t ••C.i S,4..--^.4-,: .- � a• — :i: 1(i:9fi .1f• ` C'l i.? i • t :a i f4_ _ a 1 ,4 e,.;. > -ram 3s. � ', �'m,''`'•+, '.+)J: y � •,.. ! ,yam.�'•- • �`,.t4.i� i.K� ,s 'F`Ct r,�. • $ i,, ,. iI•^ ��./,'4s-.t''',4 ,,r.''.'ir, ''',(„lit ..$0- ,,,t... ,, +i� � Ir .. r� .•".- „it,. -.4, ..:,- _,i,,,, -,',.. itiii‘iie.,,,.' ,1 - ,. ? • „ ,. e'fit,;' -a • sv, .. op''''''''.7—'''`'- =,‘- - ':. •-., " A...I--'.-•• a „ . .., ,...r... .,.f.• . . , .,pit..,.. .., ,s,"ft,li. '1. -4 '-• 1.1t1h4.‘ 1 '......S4—•*-'; 'e . ,o'-. • ' ^ •110t, '•':•., ••,‘-,4'.....,... . — .0),,,,-- .,.. - 140 - .....„.., yiii, . .. ... . . . ,... - . „,.. -ir,..A p .., , itt.,04;,4, e,,,,,k,.. .. ilt lirr liseriiit ,..*: . ,'. . .,. • '-..4..,.. t. i, , 1 Nth + I' �. F , _ ti illex�� I A 7. t I'f aC -�, vz �' l \ 1.-, f ' • • • Frank A. Zingales&James T. Cromwell, Esq., Receiver for Shore Realty Corporation, a defunct corporation Agenda Item 8 Page 6 Disclosure Statement 004., Disclosure Statement \AB _ ilty ujlbVinio Box+ 0100. _.-- Planning&Commu 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 Frank A.Zingales&James T.Cromwell,Esq.,Receiver for Shore Realty Corporation, a defunct 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.0 Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?❑Yes ® No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) 1"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. "Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.2020 1 I Frank A. Zingales &James T. Cromwell, Esq., Receiver for Shore Realty Corporation, a defunct corporation Agenda Item 8 Page 7 Disclosure Statement Disclosure Statement City of Ypyiiw&WI 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 E 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? I Yes ❑ No • If yes,identify the financial institutions providing the service. Mortgage Electronic Registration Systems,Inc. 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes No • If yes,identify the company and individual providing the service 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes ® 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 S 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 a No • If yes,identify the purchaser and purchaser's service providers. Revised 11.09.2020 2 Frank A. Zingales&James T. Cromwell, Esq., Receiver for Shore Realty Corporation, a defunct corporation Agenda Item 8 Page 8 Disclosure Statement • Disclosure Statement • City or V rryvuu broth Planning&Community Development 6. Does the applicant have a construction contractor_ in connection with the subject of the application or any business operating or S4 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/a ent in connection with the subject of the application or any business operating or to be operated on the property?gi Yes 0 No • If yes,identify the firm and individual providing the service. `N P L/Eric A.Garner 8. Is the applicant receiving legrvices in connection with the subject of the application or any business operating or to be operated on the property?gd Yes ❑No • If yes,identify the firm and individual providing the service. S ! ..,.e�•,,.�.�keae�3 : a..W y, >.C.. Mai. 'R. Gfl0I.Rc. 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,t 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 pu d or committee in connection with this application. Applicant Signature Print Name and Title Date Is the applicant also the owner of the subject property? 2/Yes ❑No • If yes,you do not need to fill out the owner disclosure statement. 'FOR CITY USE ONLY/Ali 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 Ilia 8/30/2022 Signature Prin""me Marchelle L.Coleman Revised 1.1 09.2.020 3 I P:i ; Frank A. Zingales&James T. Cromwell, Esq., Receiver for Shore Realty Corporation, a defunct corporation Agenda Item 8 Page 9 Disclosure Statement Disclosure Statement ('iry of vny+t Bend, • Planning&Community.-" Development Owner Disclosure Owner Name Frank A.Zingales Applicant Name Frank A.Zingales&James T.Cromwell,Esq.,Receiver for Shore Realty Corporation, a defunct corporation Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business?❑Yes ® No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) • 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:n 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 2020 5 Frank A. Zingales &James T. Cromwell, Esq., Receiver for Shore Realty Corporation, a defunct corporation Agenda Item 8 Page 10 Disclosure Statement Disclosure StatementA/13 ataV'virptitio Bads Planning&Community rk •" 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 III 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 ® No • if yes,identify the company and individual providing the service. 7. Does the Owner have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?0 Yes I No • If yes,identify the firm and individual providing the service. Revised 11.09 2020 6 Frank A. Zingales&James T. Cromwell, Esq., Receiver for Shore Realty Corporation, a defunct corporation Agenda Item 8 Page 11 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 D No • If yes,identify the firm and individual providing legal the service. R.Edward Bourdon,Jr.,Esq.,Sykes,Bourdon,Ahern&Levy,P.C. Owner Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. '//"?'67,—,42/ 0%4 Signature James T.Cromwell,Esq.,Receiver Print Name and Title —0/#2/ Date Revised 11.09.2020 7 1 n e Frank A. Zingales &James T. Cromwell, Esq., Receiver for Shore Realty Corporation, a defunct corporation Agenda Item 8 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. Frank A. Zingales &James T. Cromwell, Esq., Receiver for Shore Realty Corporation, a defunct corporation Agenda Item 8 Page 13 Virginia Beach Planning Commission August 10, 2022, Public Meeting Agenda Item # 8 Frank A. Zingales & James T. Cromwell, Esq. Receiver for Shore Realty Corporation, a Defunct Corporation [Applicant] Street Closure Address: Portion of the unimproved right-of-way between 200, 202 & 204 76th Street RECOMMENDED FOR APPROVAL — CONSENT Mr. Weiner: Next one is item number eight, Frank A. Zingales & James T. Cromwell for street closure of a portion of unimproved right-of-way on 76th Street. Mr. Bourdon: Thank you Mr. Weiner, for the record Eddie Bourdon, Virginia Beach Attorney representing the applicants, the Zingales and Mr. Cromwell. We appreciate the good work that Marchelle did on this application. All the conditions, all four of them are acceptable to us. I do want to point out one thing, and I mentioned this to Marchelle, on the summary of the proposal, the first bullet point the last sentence states that the owners of the duplex at 202 and 204 76th Street have relinquished their rights to purchase their half of this lane. The owners of that duplex support this application and they have no desire at all to purchase the western half of the lane. They didn't purchase the lane behind them when we close that a year and a half ago, but because the underlying fee is not owned by the city, but by the receiver for Shore Realty, they actually don't have the right to purchase the line, and if they did, we'd have to get a deed from them of that right if the city owned the alley, so I just want to be just clear that they support totally are acquiring it, but because the city doesn't own the underlying fee in the alley they don't have a"Right to acquire" because I don't want anybody to get up to City Council to say where's the where's the deed? Where's the contract? Thank you. Mr. Weiner: Is there any opposition that's being placed on a consent agenda? Hearing none, we've asked Cuellar to read this into the record please. Ms. Cuellar: Thank you very much. This applicant is requesting to close a portion of the unimproved land that is adjacent to the rear lot line of the single-family dwelling at 276 Street as well as adjacent to the side lot line of the duplex at 202, and 204 76th Street. On September 15, 2020, the City Council approved the closure of a portion of the southern half of this lane adjacent to lots 8, 9, 10, 46, and the southern 15 feet of lot 11. Seeing that there's no opposition, staff recommends and the Commission recommends approval with subject to conditions and to have this on the consent agenda. Mr. Weiner: Thank you. Mr. Horsley. Mr. Chairman that is the end of the consent agenda. move for approval items number 1, 4, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, and 20. Mr. Alcaraz: Alright, thank you. I have taken that's your motion to approve those items. Thank you. Mr. Weiner: Is there a second? Hearing second, are there any Planning Commissioners abstaining any of these consent agendas items? Mr. Redmond: I want to make two disclosures. Number one, I should have disclosed earlier when we had application withdrawn, for some time I abstained on short-term rental applications and ordinances because I had a client in the travel industry, I no longer have that client, and so I am withdrawing the letter or at least withdrawing my abstention from those items, and henceforth I we'll be voting on those items. Second, I would also like to mention that Agenda Item Number 10, Jenny Corporation is applying at a shopping center at Salem Crossing Shopping Center, which is leased by a colleague of mine at my place of business. I don't receive any kind of remuneration or have anything to do with that piece of business. So, I may merely make that disclosure. I will be voting in favor of that, and the rest of the consent agenda. Thank you. Mr. Alcaraz: Pursuant to the state and local government conflict of interest, I make the following declaration. I'm executing this written disclosure in hand regarding the Planning Commission's discussion on vote number 13, Ocean Developers, LLC 404 34th Street. I'm employed by the previous owner of this property, and though they're not the owners of this application, I believe that I have a financial personal interest in this transaction. As such, I've made a disclosure, and I will be abstaining from this application. Thank you. Madam Clerk: The vote is open. By vote of 10 in favor, zero against, noting that Mr. Alcaraz has abstained from voting on agenda item 13, agenda items number 1, 4,8,9,10,11,12,13,14,15,16,17,18,19,20 have been recommended for approval by consent. AYE 10 NAY 0 ABS 0 ABSENT 1 Alcaraz AYE Bradley AYE Clemons AYE Coston AYE Cuellar AYE Frankenfield AYE Horsley AYE Oliver AYE Redmond AYE Wall ABSENT Weiner AYE CONDITIONS 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of the City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Planning Department. 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining lots. The resubdivision plat must be submitted and approved for recordation prior to the final street closure approval. Said plat shall include the dedication of a public drainage easement over the closed portion of the lane to the City of Virginia Beach, subject to the approval of the Department of Public Works, and the City Attorney's Office, which easement shall include a right of reasonable ingress and egress. 3. The applicant or the applicant's successors or assigns shall verify that no private utilities exist within the right-of-way proposed for the closure. If private utilities do exist, easements satisfactory to the utility company, must be provided. 4. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by the City Council. If the conditions noted above are not accomplished and the final plat is not approved for recordation within one year of the City Council vote to close the right-of-way this approval shall be considered null and void. 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. P1 0U B2 /o AG1 I Al2 B2 Al/8 B2 R1 0 /AG2 Road- - _ Dam=Neck=Road 7c7,/c7 47 � �/ • A-G20p� R5D Al2� z R7. 71 rA Site W AU:r Pro ert Pol ons Dam Neck Associates, LLC p y yg 872 Dam NeckR Zoning Road Building Feet A 7AI Art ' OA A 1A cI A Inn C An I „ _►•►y rs —Ni t, ss77 A.— EF `i�tY*"`N I CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: DAM NECK ASSOCIATES, LLC [Applicant & Property Owner] Modification of Proffers to a Conditional Rezoning for the property located at 872 Dam Neck Road (GPIN 2415757941). COUNCIL DISTRICT 5, formerly Princess Anne MEETING DATE: September 20, 2022 • Background: In 1994, City Council approved two requests that changed the zoning designation from A-12 Apartment District to Conditional B-2 Community Business District (36.47 acres) and an adjacent multi-family development along Dam Neck Road from A-12 Apartment to Conditional A-18 Apartment District (43.36 acres) that allows for the development of up to 612 apartment units. These properties have been left vacant since Council approved the rezoning requests in 1994. The property is impacted by wetlands and high noise zones (70-75 dB and greater than 75 dB) of the Air Installation Compatible Use Zones (AICUZ). Since the 1994 rezoning approval, the boundaries of the wetlands have expanded. The applicant now seeks to develop the multi-family portion of the development in two phases and wishes to minimize disturbance to those wetland areas. Phase 1 will be on the eastern half of the parcel consisting of five apartment buildings for up to 314 units, the clubhouse, and the stormwater management facility. Phase 2 will consist of four apartment buildings for up to 298 units and the completion of the connection of Dam Neck Station Road between General Booth Boulevard and Dam Neck Road. While not proffered, the applicant estimated the number of bedrooms as follows: Unit Types # of Units (Phase I) # of Units (Phase II) 1 Bedroom 134 121 2 Bedrooms 142 144 3 Bedrooms 38 33 Total Bedrooms 532 508 The number of buildings with the current proposal decreased to 10 buildings compared to the 32 buildings that were originally proffered in 1994. The exterior building materials feature a neutral color scheme with a mix of high quality fiber cement siding, stone veneer, and fiberglass shingles. The proposal building height varies between three to five stories, none of which to exceed a maximum height of 75 feet. As the A-18 Apartment District limits height to 35 feet, the applicant seeks a deviation to the building height requirement. In addition, the applicant seeks to Dam Neck Associates, LLC Page 2 of 4 reduce the front yard setback along Dam Neck Road and the future right of way, Dam Neck Station Road, from 30 feet to be as low as 10 feet. An error was discovered when the subdivision plat was recorded in 2004 revealed that the parcel is actually only 41.42 acres compared to the 43.36 acres indicated in the 1994 rezoning record. While the applicant proposes to maintain the same number of units approved in 1994, further review of the acreage discrepancy may result in an adjustment to the ultimate number of units, which can be accomplished administratively, to ensure compliance with the Zoning Ordinance. The proffered Conceptual Site Plan depicts two vehicular ingress/egress points, one along Dam Neck Road and one along Dam Neck Station Road. The latter will be for emergency vehicle access only until such time a Traffic Signal Analysis is approved by City Staff. The proffered plan also shows 51% of the site is dedicated to open space. This open space includes a community clubhouse, a fitness center, an outdoor swimming pool, and multi-purpose paths with pedestrian bridges that connect to Redwing Park. A parking study was submitted consistent with the provisions of Section 203 of the Zoning Ordinance that permits a reduction in the minimum number of parking spaces subject to an indication that a substantial number of patrons are pedestrians or arrive by means of public transportation or by bicycle. While 1,084 parking spaces are typically required for a multi-family development of this size, the parking study indicates that the proposed 918 parking spaces provided (ratio of 1.50 spaces per unit) will meet the needs of the residents. • Considerations: In Staff's view and the Planning Commission concur, the proposed building height and building setback deviations will not result in any detrimental effects to the surrounding properties or negatively impact the aesthetics of the area. The property is surrounded by a City Park to the north, a retirement community to the east, a school to the south across Dam Neck Road, and a vacant commercially zoned property to the west. Furthermore, the adjacent Atlantic Shores Retirement Community was approved to have a building height of up to 80 feet tall. The deviations would allow this development to be built vertically to avoid impacts to wetlands rather than spread out horizontally. Consistent with the provisions of Section 203 of the Zoning Ordinance, the applicant submitted a parking study for justification for a reduction in the minimum number of parking spaces. The Zoning Administrator reviewed the parking study and determined that while 1,084 spaces are typically required for a multi-family development of this size, the final parking ratio of 1.50 spaces per unit and the reduction to the minimum number of required parking spaces from 1 ,084 to 918 spaces is justified. The site is within a half mile distance to shopping centers, retail establishments, schools, and parks, all of which are connected via sidewalks. In addition, the site is in close proximity to Hampton Roads Transit Route 33 which provides service to Tidewater Community College, Atlantic Avenue, and 68th Dam Neck Associates, LLC Page 3 of 4 Street. Multiple bus stops are located within the area along General Booth Boulevard, with the closest stops immediately to the north and south of Dam Neck Road. While a Traffic Impact Study (TIS) is typically warranted for a project of this magnitude, Staff agreed to postpone this requirement until Phase II of the project is brought to the site plan stage because the existing improvements on Dam Neck Road is adequate to handle the additional traffic volume generated by this development during Phase I. A large stormwater retention pond on the northern side of the development will be constructed during Phase I of the development. Staff reviewed the conceptual stormwater management strategy and agrees it 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. Comments received from the Virginia Beach City Public Schools Staff indicate that all effected schools are under capacity and the additional students will be within the acceptable threshold for increases in student population generated by this development. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. There were three speakers at the Planning Commission public hearing that spoke in opposition to the request. The speakers noted concerns related to increase in traffic volume and inadequate public outreach effort by the applicant. Since the Planning Commission public hearing, the applicant reported they meet with representative from the Wellington at Dam Neck HOA and individuals that spoke at the Planning Commission public hearing to share information on the project. • Recommendation: On August 10, 2022, the Planning Commission passed a motion to recommend this item on the Consent Agenda, passing a motion by a recorded vote of 10-0, to recommend approval of this request. • Attachments: Staff Report and Disclosure Statements Location Map Proffer Agreement Minutes of Planning Commission Hearing Parking Study and Determination Letter Dam Neck Associates, LLC Page 4 of 4 Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: Applicant & Property Owner Dam Neck Associates, LLC Agenda Item Planning Commission Public Hearing August 10, 2022 City Council District District 5,formerly Princess Anne 2 c„„or Virginia Beach Request Modification of Proffers Staff Recommendation Approval I 1 ita., • Staff Planner ' — Readn a: ` Hoa N. Dao �! • g Location ` -.',� 872 Dam Neck Road = 4, GPIN1:----f-' 2415757941 _ —o«.N r— Site Size .?j 1., J _ ' -z,---11, 0,.\ .--, 41.42 acres �'' w� c AICUZ ` .' 7 70-75 dB DNL, Greater than 75 dB DNL a, e 4 f Watershed �"'°^Ro r r '' 14 47 j 44- �( l . , ,/ Southern Rivers 1 Existing Land Use and Zoning District Single-family dwelling, cultivated field/ P-1 Preservation f Surrounding Land Uses and Zoning Districts ?`` , North '�� -.. ?` : �. Redwing Lake f Red Wing Park/P-1 Preservation t - South -`+ -'''''',..*A� . Dam Neck Road ,, v ,t,P School/R-10 Residential _ East ._;- Undeveloped parcel/AG-2 Agricultural, R-10 A. ,,..� M-_:_.�,,t1-�::. r-� . Residentialy S ; �, w `- - West `� s ��• 7`1'' Undeveloped parcel/ B-2 Community Business . ,:• ;, *°• 10 `/v1...f.4 ' '.: - ",•,---4,,-1•.. ; 4.lei-;'Q * �. " :-,- F-'‘ A=:ai!C . 424,..,._.4 Dam Neck Associates, LLC Agenda Item 2 Page 1 Background & Summary of Proposal • This is a request for a Modification of Proffers associated with a conditional rezoning approved by City Council in 1994. As the applicant desires to alter the proffered site layout and building design,the modification is necessary. • In 1994, City Council approved two rezoning applications that supported a concept of commercial uses radiating from the northeast corner of General Booth Boulevard and Dam Neck Road and an adjacent multi-family development along Dam Neck Road from A-12 Apartment to Conditional A-18 Apartment that allows for the development of up to 612 apartment units with a resulting density of 17.98 units per acre. • The property is located within the 70-75 dB DNL and greater than 75 dB DNL,where residential uses are deemed incompatible with Navy flight operations as per Section 1800 of the Zoning Ordinance. However, in 1994,the property was zoned A-12 Apartment District which allows for up to 12 dwelling units per developable acre. While the current request includes an alternative unit type and site layout with up to 612 units, it is estimated that up to 629 units could be developed under the current A-12 zoning designation for these parcels. Based on the fact that additional units are not proposed nor are more units proposed within higher noise zones than what was approved in 1994,The Joint Review Process Group (JRP) made a finding that a formal review for consistency with the Air Installations Compatible Use Zones (AICUZ) regulations was not warranted. The approved 1994 rezoning proffered exhibit is shown on page 15 of this report. • While the 1994 rezoning record indicates the parcel was 43.36 acres in size, an error was discovered when the subdivision plat was recorded in 2004 revealed that the parcel is actually only 41.42 acres. While the applicant proposes to maintain the same number of units approved in 1994,further review of the acreage discrepancy may result in an adjustment to the ultimate number of units, which can be accomplished administratively,to ensure compliance with the Zoning Ordinance. A recent wetlands delineation revealed the expanded presence of wetlands, thereby further impacting the development.The current site layout does reflect the updated environmental conditions and minimizes disturbance to the wetland areas through modifications to the site layout and building massing. The proposal includes a clubhouse building and nine apartment buildings of varying heights of three to five stories, none of which to exceed a maximum height of 75 feet. As the A-18 Apartment District limits height to 35 feet,the applicant seeks a deviation to the building height requirement. • The submitted Conceptual Site Plan depicts construction of the full project to be accomplished in two phases. Phase 1 will be on the eastern half of the parcel consisting of five apartment buildings, the clubhouse, and the stormwater management facility. Phase 2 will consist of four apartment buildings and the completion of the connection of Dam Neck Station Road between General Booth Boulevard and Dam Neck Road. • As shown in the proffered Conceptual Site Plan, encroachment into the 30-foot front yard setbacks along Dam Neck Road and Dam Neck Station Road are depicted for Buildings Al, A2,A3, and B2. As these buildings do not meet the minimum setback, a deviation is also sought from 30 feet to 10 feet from these property lines. • The proffered exterior building materials feature a neutral color scheme with a mix of high quality fiber cement siding, stone veneer, and fiberglass shingles. • While there is no minimum open space requirement for properties with Apartment District zoning, the proffered Conceptual Site Plan indicates approximately 21.3 acres or 51%of the site is dedicated to open space. This open space includes a community clubhouse, a fitness center, an outdoor swimming pool, and multi-purpose paths with pedestrian bridges that connect to Redwing Park.The property abuts Redwing Lake and Red Wing Park to the north and is impacted by wetlands and floodplains. Pedestrian pathways are proposed to connect the development to Red Wing Park. All improvements are proposed outside of the Southern Watersheds buffer and floodplain areas. Dam Neck Associates, LLC Agenda Item 2 Page 2 • Two vehicular ingress/egress points are proposed, one along Dam Neck Road and one along Dam Neck Station Road. The latter will be for emergency vehicle access only until such time a Traffic Signal Analysis is approved by City Staff. Only then can it be utilized as a full vehicular access point. • Right-of-way improvements depicted on the proffered Conceptual Site Plan include installation of sidewalk along the entire length of the Dam Neck Road and Dam Neck Station Road frontages, and the construction of the remaining portion of Dam Neck Station Road to provide a connection between General Booth Boulevard and Dam Neck Road. • A parking study was submitted consistent with the provisions of Section 203 of the Zoning Ordinance that permits a reduction in the minimum number of parking spaces subject to an indication that a substantial number of patrons are pedestrians or arrive by means of public transportation or by bicycle. While 1,084 parking spaces are typically required for a multi-family development of this size,the parking study indicates that the proposed 918 parking spaces provided (ratio of 1.50 spaces per unit)will meet the needs of the residents. Additionally, 24 bike spaces are also provided within the buildings on the site, while 22 are minimally required per the Zoning Ordinance. • The proffered Conceptual Site Plan also depicts the required streetscape, foundation, and interior parking lot plantings. Additional details regarding the landscape plan will be reviewed during the final site plan submission. Bz AAiu:-tn,� f,1r+ .1 id �; Zoning History Sakur•Lan• # Request 0 0„Of 1 CRZ(AG-2 to Conditional R-5D)Approved 09/20/2016 P� o NON Approved 06/16/2016 2 CRZ(AG-2 to Conditional B-2)Approved 12/09/2014 CUP(Childcare Education Center)Approved 05/23/2006 WIAG, 3 CRZ(AG-2& R-10 to Conditional R 7.5)Approved 02/10/2004 ,,�1 4 MDC Approved 12/18/2001 / 9 r ,j)?'-C-Ikto MDC Approved 03/11/1998 _ �G2 '1 CUP(Retirement Community)Approved 03/12/1990 �/ ' CRZ AG-2& R-10 to Conditional R-6 Approved 07/13/1987 a11.745► ( ) Pp /i7la � �� /J l7(iQ • — J •,.�.,..- ,•' o�' oa a .11(4.,-4.a , 5 CRZ(A-12 Conditional B-2)Approved 06/14/1994 '�� te Q , fit:' ik ""'a;` 6 CRZ(A-12 Conditional A-18)Approved 06/14/1994 o • o ,1: r L,Syhii.01,("TVA; o o ,, / ice ��•, 7 CRZ (AG-2 Conditional R-6)Approved 12/06/1985 8 CRZ(A-1 Conditional B-2)Approved 01/28/1985 Application Types CUP-Conditional Use Permit MDC-Modification of Conditions STC-Street Closure SVR-Subdivision Variance REZ-Rezoning MDP-Modification of Proffers FVR-Floodplain Variance LUP-Land Use Plan CRZ-Conditional Rezoning NON-Nonconforming Use ALT-Alternative Compliance STR-Short Term Rental Evaluation & Recommendation The proposed multi-family development is in concert with the guiding principles of the Suburban Area by locating near a major intersection, close to commercial uses and transit, which emphasize sustainability, stability, and quality. The development features include the extension of Dam Neck Station Road to Dam Neck Road,which complies with the Master Transportation Plan, a component of the Comprehensive Plan.The proposal also conforms with the Suburban Area Design Guidelines by incorporating natural features on the site, locating parking areas behind the buildings, providing internal pedestrian pathways, and utilizing quality materials. The property is impacted by wetlands and high noise zones (70-75 dB and greater than 75 dB) of the AICUZ. Since the 1994 rezoning approval,the boundaries of the wetlands have expanded. The applicant wishes to minimize disturbance to those wetland areas and that is reflected in the proffered layout. The number of buildings with the current proposal decreased to 10 buildings compared to the 32 buildings that were originally proffered in 1994. In order to maintain the Dam Neck Associates, LLC Agenda Item 2 Page 3 same number of dwelling units that were approved in 1994 while avoiding the environmentally sensitive areas of the site, an increase in the building height above the 35 foot maximum is requested. As noted above,the concept includes buildings as tall as 75 feet in height, proposing to build vertically to avoid impacts to wetlands rather than spread out horizontally. In addition,the applicant seeks to reduce the front yard setback along Dam Neck Road and the future right of way, Dam Neck Station Road,from 30 feet to be as low as 10 feet. In Staff's view,the proposed building height and building setback deviations will not result in any detrimental effects to the surrounding properties or negatively impact the aesthetics of the area.The property is surrounded by a City Park to the north, a retirement community to the east with several high rise buildings, a school to the south across Dam Neck Road, and a vacant commercially zoned property to the west. Furthermore,the adjacent Atlantic Shores Retirement Community does have a building height of approximately 80 feet tall. Based on the amount of developable land area that can be counted toward density, Staff is uncertain that 612 units can ultimately be development on this parcel under the current regulations. Per Section 200 of the Zoning Ordinance, only acreage located outside of water, marsh, and wetlands can be counted towards residential density. As in this instance only 31.32 acres are located outside of water, marsh, and wetlands, resulting in a density of 19.54 units per acre, exceeding the maximum density for unit per acreage allowed in the A-18 Apartment District.The maximum number of units allow for this site will be reviewed at Site Plan submittal to ensure it meets all applicable regulations. The applicant is aware of this requirement. Consistent with the provisions of Section 203 of the Zoning Ordinance, a parking study was submitted to support the applicant's request for a reduction in the number of parking spaces minimally required. Section 203(b)(11)allows the Zoning Administrator to reduce the parking requirement when a "substantial number of patrons are pedestrian or arrive by means of public transportation or by bicycle." As required,the Zoning Administrator determined that while 1,084 spaces are typically required for a multi-family development of this size,the final parking ratio of 1.50 spaces per unit and the reduction to the minimum number of required parking spaces from 1,084 to 918 spaces is justified.The site is within a half mile distance to shopping centers, retail establishments,schools, and parks, all of which are connected via sidewalks. In addition,the site is in close proximity to Hampton Roads Transit Route 33 which provides service to Tidewater Community College, Atlantic Avenue, and 68th Street. Multiple bus stops are located within the area along General Booth Boulevard,with the closest stops immediately to the north and south of Dam Neck Road. While a Traffic Impact Study (TIS) is typically warranted for a project of this magnitude, Staff agreed to postpone this requirement until Phase II of the project is brought to the site plan stage because the existing improvements on Dam Neck Road is adequate to handle the additional traffic volume generated by this development during Phase I. During site plan review for Phase II of the development, Dam Neck Station Road will be designed and built to connect to Dam Neck Road at Upton Drive and General Booth Boulevard.The traffic impact study will define the required typical section for Dam Neck Station Road, including signalization details at both Dam Neck Road and potentially at General Booth Boulevard. Information provided by the Virginia Beach City Public Schools Staff indicates that all effected schools are under capacity and the additional students will be within the acceptable threshold for increases in student population. The proffered Conceptual Site Plan shows a large stormwater retention pond on the northern side of the development. Staff reviewed the conceptual stormwater management strategy and agrees it 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. Based on the consideration described, Staff recommends approval of the Modification of Proffers request. Dam Neck Associates, LLC Agenda Item 2 Page 4 Proffers The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA).The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved,the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. Proffer 1: Proffer Number 1 of the Original Proffers is hereby deleted and replaced with the following: "When developed, the improvements and landscaping on the Property shall be developed in substantial conformity with the conceptual site plan entitled "The Farm at Dam Neck and General Booth", dated June 24, 2022, and prepared by Timmons Group (the "Concept Plan"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning." Proffer 2: Proffer Number 9 of the Original Proffers is hereby deleted in its entirety. Proffer 3: Proffer Number 10 of the Original Proffers is hereby deleted and replaced with the following: "The maximum permitted height of the residential buildings located on the Property shall be seventy-five feet (75'), in lieu of the thirty-five feet(35')otherwise required under Section 604(a)of the Zoning Ordinance." Proffer 4: Proffer Number 11 of the Original Proffers is hereby amended by the addition of the following sentence at the beginning of such Proffer: "The quality of architectural design and materials of the residential buildings constructed on the Property, when developed,shall be in substantial conformity with the exhibit prepared by Cox, Kliewer& Company, P.C., entitled "APARTMENTS at THE FARM", and dated June 27, 2022 (the "Elevation"), a copy of which is on file with the Department of Planning and has been exhibit to the Virginia Beach City Council." Proffer 5: Proffer Number 13 is hereby added to the Original Proffers,and will read in its entirety as follows: "Grantor will submit a traffic impact analysis prepared by a licensed traffic engineer to the City Public Works Department as part of the site plan review process for the development of that portion of the Property identified as 'Phase 2'on the Concept Plan." Proffer 6: Except as expressly modified by this Agreement,all other covenants, restrictions and conditions proffered as part of the Original Proffers shall remain unchanged and are incorporated herein by reference with respect to the Property. 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. Approved Proffers of 1994 Rezoning Proffer 1: The "Conceptual Site Plan and Rezoning Exhibit" prepared by Talbot Group, dated February 28, 1994, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning, shall be Dam Neck Associates, LLC Agenda Item 2 Page 5 substantially adhered to so that there shall be coordinated design and development of the site in terms of vehicular, pedestrian and bike access, circulation, parking, landscaping, best management practices, as landscape features, and recreational amenities to better foster a sense of community. Proffer 2: Vehicular Ingress and Egress shall be limited to two (2) entrances from Dam Neck Station Road and one (1) existing entrance from Dam Neck Road. Proffer 3: A Community Building, including rental and maintenance offices, a recreational swimming pool serving the residents and child play areas (tot lots) shall be constructed in the areas depicted on the Conceptual Site Plan. Proffer 4: A multi-purpose (jogging, walking, biking) path and seating areas shall be constructed around the perimeter of the lake, with the path being connected to the jogging/bike path along Dam Neck Road. Proffer 5: A multi-purpose path and foot bridge shall be constructed across the natural area to Redwing Park as depicted on the Conceptual Site Plan, if all necessary permits are approved. Proffer 6: Sidewalks shall be constructed along the internal collector streets and shall connect with those along Dam Neck Station Road and Dam Neck Road. Proffer 7: All landscaping along Dam Neck Station Road and Dam Neck Road as depicted on the Conceptual site Plan shall meet the requirements for Standard B Scenic Easements as described in Article 3.5 of the Landscaping, Screening and Buffering Specifications and Standards of the City of Virginia Beach as adopted by City Council on April 18, 1988. Proffer 8: Gateway treatments shall be constructed at one entrance from Dam Neck Station Road and entrance from Dam Neck Road, with monument style signage externally illuminated from ground level. Proffer 9: Two (2) multi-purpose green spaces shall be located adjacent to the Community Building as depicted on the Conceptual Site Plan and all areas designated as floodway or non-tidal wetlands shall be preserved for passive recreational uses. Proffer 10: The buildings shall be a mix of two (2) story,three (3)story and combination two (2) and three (3)story elements. Those buildings located adjacent to Dam Neck Road and Dam Neck Station Road shall contain a combination of two (2) and three (3) story elements, with the two (2) story elements located at the ends of the buildings. Proffer 11: Exterior surfaces of all buildings shall be in an earth tone color. On those structures located along Dam Neck Road and Dam Neck Station Road, no more than thirty percent (30%) of the exterior building material (excluding roofing) may be vinyl. Proffer 12: The total number of living units permitted to be constructed on the Property shall not exceed six hundred and twelve (612). Dam Neck Associates, LLC Agenda Item 2 Page 6 Comprehensive Plan Recommendations The proposal is located in the Suburban Area, as designated by the Comprehensive Plan.The general planning principles for the Suburban Area focus on preserving and protecting the overall character, economic value, and aesthetic quality of stable neighborhoods. Achieving the goals of preserving neighborhood quality requires that all new development or redevelopment,whether residential or non-residential, either maintain or enhance the overall area.This is accomplished through compatibility with surroundings, attractiveness of site and buildings, environmental responsibility, livability, and effective buffering of residential from other residential and non-residential with respect to type, size, intensity, and relationship to the surrounding uses. Natural & Cultural Resources Impacts The site is located in the Southern Rivers Watershed. Drainage in the Southern Rivers watershed is highly impacted by the presence of high ground water, poorly draining soils, and high water surface elevations in downstream receiving waters.The applicant has provided a preliminary stormwater analysis for their proposal, which is discussed in detail below. The property abuts Redwing Lake and Red Wing Park to the north and is impacted by wetlands and floodplains. Pedestrian pathways are proposed to connect the development to Red Wing Park. All apartment buildings are proposed outside of the Southern Watersheds buffer and floodplain areas. There are no known cultural resources on this site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Existing Land Use 2a—0 ADT Dam Neck Road 31,800 ADT1 39,700 ADT 1(LOS 4"D„ Existing Zoning 2b—4,124 ADT Proposed Land Use 3a—2,116 ADT Proposed Land Use 3b—4,124 ADT lAverage Daily Trips 2a as defined by a vacant parcel 3a as defined by 314 multi-family 4 LOS=Level of Service dwelling units in Phase I Zb as defined by a 612 multi- family dwelling that was 3b as defined by 612 multi-family approved in 1994 dwelling units in Phases I&II Master Transportation Plan (MTP) and Capital Improvement Program (CIP) This portion of Dam Neck Road is a four-lane divided major suburban arterial.There are no plans in the current CIP to improve this section of Dam Neck Road. Stormwater Impacts Project Stormwater Design Staff Summary This project consists of the construction of apartment buildings, clubhouse, associated parking and stormwater pond on vacant land at the corner of Dam Neck Road and General Booth Boulevard. Dam Neck Associates, LLC Agenda Item 2 Page 7 Stormwater runoff from the site currently drains to the existing creek on the north and east sides of the property. Stormwater runoff from the proposed improvements will be collected into a wet pond that will treat for both water quality and water quantity before discharging offsite into an existing drainage ditch. Based on the information provided by Timmons Group in the Preliminary Stormwater Analysis,the DSC agrees that the proposed conceptual stormwater management strategy can successfully comply with all stormwater regulations. The developer of this project chose to complete a simplified Preliminary Stormwater Analysis providing calculations that demonstrate a reduction in post-development flow rates. Final design and detailed updates will be made during site plan submittal to ensure conformance with requirements set forth in the Public Works Design Standards Manual. More detailed project stormwater information is listed below. Project Information Total project area: 31.28 acres Pre-Development impervious area: 1.60 Acres Post-Development impervious area: 20.01 Acres Does the analysis utilize the City of Virginia Beach Master Drainage Model: No Does the analysis incorporate into design updated rainfall amounts(NOAA plus 20%)and account for 1.5'SLR: Yes Stormwater Management Facility Design Information Type of facility proposed: Wet Pond Total storage volume provided in proposed stormwater management facilities: 1,246,272 cf Description of outfall: Stormwater runoff from the site that enters into the wet pond will discharge directly into an existing large drainage ditch that runs along the northern boundary of the property. Downstream conveyance path:This site is part of the Dam Neck Drainage Basin. Drainage from this site drains into Redwing Lake,through Ashville Bridge Creek, and ultimately into Back Bay. Back Bay drains through the Currituck Sound and into the Atlantic Ocean. Stormwater Quality Compliance Design Information Pounds of phosphorus removal per year(Ib/yr) required: 5.02 lb/yr Method of treatment proposed: Wet Pond Stormwater Quantity Compliance Design Information 2-year storm peak flow rate comparison: Pre-development= 122.18cfs/Post-development=85.90cfs. 10-year storm peak flow rate comparison: Pre-development = 189.64cfs/Post-development = 106.39cfs. 100-year storm peak flow rate comparison: Pre-development= 313.37cfs/Post-development= 201.20cfs. Public Utility Impacts Water The proposed development must connect to City water. There is a 12-inch City water main along Dam Neck Road and an eight-inch City water main along Dam Neck Station Road. Dam Neck Associates, LLC Agenda Item 2 Page 8 Sewer The proposed development must connect to City sanitary sewer.There is a 16-inch City gravity sanitary sewer main at the intersection of Dam Neck Road and Upton Drive and an eight-inch City gravity sewer main along Dam Neck Station Road. Extension of public gravity sanitary sewer from Upton Drive and connection to the existing public sanitary sewer in Dam Neck Station Road will be required with this development, as was planned and previously bonded. Given the proposed phasing of the project,the extension of public sanitary sewer can be installed to the limits of the road extension for Phase I with full extension and connection to the existing upstream public sanitary sewer in Phase II. After connecting the upstream public sanitary sewer,the existing temporary private pump station must also be abandoned. School Impacts School Current Enrollment Capacity Generation 1 Change 2 Ocean Lakes Elementary 575 students 670 students 61 students 0 students Corporate Landing Middle 1,083 students 1,219 students 25 students 0 students Ocean Lakes High 1,962 students 2,348 students 28 students 0 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 • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on July 11, 2022. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,July 24, 2022 and July 31, 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 July 25, 2022. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of www.vbgov.com/pc on August 4, 2022. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, September 4, 2022 and September 11, 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 September 5, 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 September 16, 2022. 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'ile . 14 1 • ' , I 'ill A t.\1 ,,—-tl- T------ 21 _ $!! t __ 1\\-- I i ' lii 1 - I LiI 'aA18 H1009 111I3N30 Dam Neck Associates, LLC Agenda Item 2 Page 15 Disclosure Statement Disclosure Statement1/13 City of Viryiniu Bald, 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 Dam Neck Associates,LLC Does the applicant have a representative? II Yes D No • If yes,list the name of the representative. Bryan Cuffee,Vice President of Development 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) Members:Red Wing Associates,LLC;BA-GB,LLC-both are Virginia LLCs. • If yes,list the businesses that have a parent-subsidiary or affiliated business entity=relationship with the applicant. (Attach a list if necessary) McLeskey,Gold Key PHR,The Franklin Johnston Group "Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. 2"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.2020 1 i Dam Neck Associates, LLC Agenda Item 2 Page 16 Disclosure Statement Disclosure Statement \113 City of Virginia Batch 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 U No • If yes,identify the financial institutions providing the service. Not at this time 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. Divaris Real Estate-Gerald Divaris,CEO(for commercial leasing) 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. Dixon Hughes Goodman LLP,Patrick Shuler,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?t Yes ❑ No • If yes,identify the firm and individual providing the service. EDSA(Kona Gray&Craig Stoner),Cox Kliewer(Herb Shartle&Lawrence"Duff'Kliewer) 5. Is there any other pending or proposed purchaser of the subject property?❑Yes II No • If yes,identify the purchaser and purchaser's service providers. Revised 11.09.2020 2 Dam Neck Associates, LLC Agenda Item 2 Page 17 Disclosure Statement Disclosure Statement Cif of t'iyinia Btush Planning&Community Development 6. Does the applicant have a construction contractor in connection with the subject o'tie 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. Not at this time. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of Inc application or any business operating or to be operated on the property?•Yes ❑No • If yes,identify the firm and individual providing the service. Timmons Group-Mark Richardson,Principal&John Zaszewski,Group Leader 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,Partner,Troutman Pepper Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is comp ete,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. Darn Neck ssociates.LLC C Applicant Signatu Robert M.Howard,authorized signatory of Red Wing Associates,LLC,Member of Darn Neck Associates,LLC Print Name and Title June 28,2022 Date Is the applicant also the owner of the subject property? ■Yes ❑No • If yes,you do not need to fill out the owner disclosure statement FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications No changes as of Date - 09.02.2022 Signature 4f,4 Print r4.• Hoa N.Dao 31 Dam Neck Associates, LLC Agenda Item 2 Page 18 Disclosure Statement Addendum to Disclosure Statement Dam Neck Associates, LLC Members: BA-GB,LLC Red Wing Associates,LLC Officers: There are no officers in Dam Neck Associates,LLC. Dam Neck Associates,LLC is member-managed. Red Wing Associates,LLC is authorized to sign on behalf of Dam Neck Associates,LLC as a member-manager. Red Wing Associates, LLC Members: TFJG Red Wing,LLC Bruce L.Thompson Ruffin Dam Neck,LLC Hospitality Investment Associates—Dam Neck,LLC Officers: There are no officers in Red Wing Associates,LLC. The manager of Red Wing Associates,LLC is Professional Hospitality Resources,Inc. This is provided in the operating agreement for Red Wing Associates,LLC. Professional Hospitality Resources,Inc.,is a non- member manager. Bob Howard,as Chief Investment Officer of Professional Hospitality Resources,Inc., is authorized to sign on behalf of Professional Hospitality Resources,Inc. Dam Neck Associates, LLC Agenda Item 2 Page 19 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Dam Neck Associates, LLC Agenda Item 2 Page 20 Prepared by and return to: Robert P.Beaman III,Esq.(VSB No.74668) Troutman Pepper Hamilton Sanders LLP 222 Central Park Avenue,Suite 2000 Virginia Beach,Virginia 23462 MODIFICATION OF PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS THIS MODIFICATION OF PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS (this "Agreement"), made this Z$" day of ,v vv., , 2022, between DAM NECK ASSOCIATES,LLC,a Virginia limited liability company,("Dam Neck", and grantor for indexing purposes); and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia("Grantee", and grantee for indexing purposes). WITNESSETH: WHEREAS, Dam Neck is the owner of the real property described on Exhibit A attached hereto (the"Property"),which property is currently zoned Conditional A-18,and is subject to certain recorded proffered covenants,restrictions,and conditions pursuant to the Agreement by and between Bel-Aire, Incorporated, a Virginia corporation and Grantee dated March 25, 1994,and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia(the"Clerk's Office") in Deed Book 3402 at Page 489(the"Original Proffers"); and WHEREAS,Grantor desires to amend and modify certain of the covenants,restrictions,and conditions set forth in the Original Proffers as provided herein; and WHEREAS,the conditions set forth in the Original Proffers may only be amended or varied by written instrument recorded in the Clerk's Office and executed by the record owner of the Property, provided that said instrument is consented to by the Grantee by ordinance or resolution adopted by the governing body of the Grantee,after a public hearing properly advertised pursuant to Section 15.2- 2204 of the Code of Virginia, 1950(as amended),which said ordinance or resolution shall be recorded along with the amendment as conclusive evidence of such consent. NOW, THEREFORE, the Grantor for itself, its successors, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or extraction from the Grantee or its governing body and without any element of compulsion or quid ro quo for zoning, rezoning, site plan, building permit or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development,operation and use of the Modification Area, and hereby covenant and agree that the terms of this declaration shall constitute covenants running with the Modification Area, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its heirs, personal representatives, assigns,grantees and other successors in interest or title,namely: 1. Proffer Number 1 of the Original Proffers is hereby deleted and replaced with the following: GPINs: 2415-48-6899-0000 and 2415-48-7637-0000 126743912v4 "When developed, the improvements and landscaping on the Property shall be developed in substantial conformity with the conceptual site plan entitled "The Farm at Dam Neck and General Booth", dated June 24, 2022, and prepared by Timmons Group (the "Concept Plan"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning." 2. Proffer Number 9 of the Original Proffers is hereby deleted in its entirety. 3. Proffer Number 10 of the Original Proffers is hereby deleted and replaced with the following: "The maximum permitted height of the residential buildings located on the Property shall be seventy-five feet(75'), in lieu of the thirty-five feet(35') otherwise required under Section 604(a)of the Zoning Ordinance." 4. Proffer Number 11 of the Original Proffers is hereby amended by the addition of the following sentence at the beginning of such Proffer: "The quality of architectural design and materials of the residential buildings constructed on the Property, when developed, shall be in substantial conformity with the exhibit prepared by Cox, Kliewer & Company, P.C., entitled "APARTMENTS at THE FARM", and dated June 27, 2022 (the "Elevation"), a copy of which is on file with the Department of Planning and has been exhibit to the Virginia Beach City Council." 5. Proffer Number 13 is hereby added to the Original Proffers,and will read in its entirety as follows: "Grantor will submit a traffic impact analysis prepared by a licensed traffic engineer to the City Public Works Department as part of the site plan review process for the development of that portion of the Property identified as `Phase 2' on the Concept Plan." 6. Except as expressly modified by this Agreement, all other covenants,restrictions and conditions proffered as part of the Original Proffers shall remain unchanged and are incorporated herein by reference with respect to the Property. All references herein to zoning districts and to regulations applicable thereto refer to the City Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date the modification of proffered covenants, restrictions and conditions is approved by the Grantee. The covenants, restrictions and conditions set forth above, having been proffered by the Grantor and allowed and accepted by the Grantee, shall continue in full force and effect until a subsequent amendment changes the zoning on the Property covered by such conditions; provided, Page 2 126743912v4 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 an 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. The Grantor covenants and agree that (1) the Zoning Administrator of the City of Virginia Beach, Virginia shall be vested with all necessary authority on behalf of the governing body of the City of Virginia Beach,Virginia to administer and enforce the foregoing conditions,including(i)the ordering in writing of the remedying of any noncompliance with such conditions,and(ii)the bringing of legal action or suit to ensure compliance with such conditions,including mandatory or prohibitory injunction,abatement,damages or other appropriate action,suit or proceedings;(2)the failure to meet all conditions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) if aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the City Code, the Zoning Ordinance or this Agreement, the Grantor shall petition to the governing body for the review thereof prior to instituting proceedings in court; and (4) the Zoning Map 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 Planning Department 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 Grantor and Grantee. [Remainder of Page Intentionally Left Blank. Separate Signature Page to Follow.] Page 3 126743912v4 DAM NECK ASSOCIATES,LLC, a Virginia limited liability company • By: C f c Name: Robert . and Title: Authorized Signatory of Red Wing Associates, LLC,Member of Dam Neck Associates,LLC STATE/COMMONWEALTH OF CITY/COUNTY OF V,4 y, ges, ,to-wit: The foregoing instrument was sworn to and acknowledged before me this day of �'1u.N ,2022,by ge,b Goa- Jln_ 140,6q ,on behalf of Dam Neck Associates, LLC, a Virginia limited liability company. He/she is either personally known to me or has produced as identification. Witness my hand and official stamp or seal this 00 day of , 2022. ict...n Notary Public (SEAL) My Commission Expires: 0,2-.9$41 ``�� ►,,,� Registration Number: &37 .s N. BAN, 1' •j%45)....• NRY' PueuOTA C ♦r REG.#237343 MY COMMISSION Q _ � 1 � c�% . . x' . ,''#��WE4 LTH ��, Page 4 126743912v4 EXHIBIT A Legal Description of Property ALL THOSE certain lots,pieces or parcels of land with the improvements thereon, situate, lying and being in the City of Virginia Beach, Virginia and designated as PARCEL 9,PARCEL 11, PARCEL 12 and PARCEL 13 on that certain plat entitled "SUBDIVISION OF PROPERTY OF BEL-AIRE, INCORPORATED (D.B. 2420, P. 460)AND KING'S WAY CORPORATION (D.B. 2420, P. 577)VIRGINIA BEACH, VIRGINIA",dated July 27,2004 which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument No. 200408170129717. Page 5 126743912v4 Virginia Beach Planning Commission August 10, 2022, Public Meeting Agenda Item # 2 Dam Neck Associates, LLC [Applicant & Property Owner] Modification of Proffers Address: 872 Dam Neck Road RECOMMENDED FOR APPROVAL— HEARD Mr. Alcaraz: Thank you, if you had an application that was on the Consent Agenda,your request will now be scheduled for upcoming city council meeting. Staff will contact you about the date. For those applicants on the consent agenda, thank you for your participation, and you may remain in the meeting if you'd like. At this time, we're going to go ahead and move on to the regular meeting, Madam Clerk. Madam Clerk: Our next agenda item is agenda item number two, Dam Neck Associates, LLC. It's an application for a Modification of Proffers on property located at 872 Dam Neck Road in District 5, formerly the Princess Anne District. Would the representatives please step to the podium. Mr. Beaman: Mr. Vice Chair, members of the Commission, for the record Rob Beaman, local real estate attorney here today on behalf of the applicant. As mentioned during the informal session this morning, the property that's subject to this application has been zoned for multifamily residential use since back in 1994, subject to a series of proffer conditions, we're not proposing to increase the density of this development at all. We're just proposing to modify the site plan and the building elevations in order to respond to current site conditions, including the need to avoid wetlands and floodplain and also the need to enlarge the storm water facilities on site to meet current codes. All the other proffers from the 1994 rezoning including those that would require the provision of onsite amenities, enhanced pedestrian, connectivities, and gateway treatments at the site entrances would remain in place, and with that, we thank you for your time and consideration and will stand by for questions. Mr. Alcaraz: Are there any speakers? Madam Clerk: Yes, Mr. Vice Chair, we have four that have registered. They're all WebEx. Mary Panulo to be followed by Alicia Alonso, Ms. Mary Panulo. Ms. Panulo: I am a resident right across the road from where this proposed development is set to be built, and I'm here with the president of our HOA, Joanne Liddell, and there are a whole lot of folks in our community who are very concerned about this development for 600+ apartments in a residential area that already has a lot of traffic issues. Namely, you know, there's a lot of traffic going down to the Dam Neck base, and there's a lot of traffic and traffic accidents at Upton Drive and Old Dam Neck, which is right near the Kiddie Academy Preschool School. So, we're just trying to understand where the wisdom is in building a 614 unit apartment building, when traffic already seems to be pretty unmanageable, when schools in the area seemed to be at full capacity, and when our understanding was because of wetlands, and because of the Navy needing this area as a drop zone, nothing was going to be developed there. So we just want to understand what the plan is primarily to uphold, you know, some sort of traffic regulation. What's the plan? Mr. Alcaraz: If you could just state your case, and we'll tend to that at the end of this. Ms. Liddell: My name is Joanne Liddell. I was also registered, but I'm having a difficult time. So I'm using Mary Panulo's computer, and those are also my concerns, and also the school across the street, which will be across from those apartments, they are at full capacity, and there's already a line going out to Dam Neck every day for drop off and pickup. There's a line going down Upton every day for the same thing, coming out of our complexes, we have the Academy across the street they said a light was going to be placed that was never placed. Upton Drive is the thoroughfare. Would be the road to go down to Wal-Mart, Home Depot, and all that? So that's going to increase and that's a residential neighborhood. So yeah, that's the same. We're just wondering what the plan was. We were also told that saw a plan about a year or two ago where it was going to look like a farmers market, residential single-family homes, not a huge apartment complex. So it's just like the first phase of this plan, because if they're also going to include single family homes, that's just going to increase. It's going to increase the student population of schools. So, yeah, we'd like to have some more information as to what exactly is going on and there are wetlands there, and I know in other areas of the city, when the Army Corps of Engineers have told the city not to build on the wetlands, they still built close to the wetlands and homeowners of that property have had difficulty because the property was built close to wetlands. So yes if we could just get some idea of where this all came from as to what they were building there. Mr. Alcaraz: Well, thank you. What we will do is during the rebuttal, the representative will answer those questions for you. Are there any questions for the speakers? Mr. Horsley: Yeah, so I just want to make sure that the lady on the WebEx is familiar with what the current zoning is on the property, which has been in effect since 1994, and it was zoned A-12, and then it was to A-18, which allows 612 apartments that's been in effect for some time. Back in then in 2004, the size of the parcels actually changed. So I'm not sure she's really in tune to what the current uses of the property is, that it could have been developed with these apartments for some time, sometime we got to just make that point. Mr. Alcaraz: Thank you. Mr. Horsley has any more questions on the WebEx? Madam Clerk: Alicia Alonso, followed by Ms. Middleton. Ms. Alonso: Morning, everybody. I think I am part also of the group in Wellington Dam Neck, and what I believe that the main concern is here lack of information to the surrounding areas. All the questions that my fellow neighbor just stated are still unanswered. So, what is the plan to inform and involve the community in understanding our capacity to serve these new residents that are going to be just across us? I think this is the challenging here, communication, I am very interested in learning more, but I don't think I have anything in my hands right now to even elaborate informed questions, but all the questions are what is our capacity? Can we serve these people? How are we going to organize ourselves? How our lives are going to change from now on to park my car, to have more people residents residing in the area? So yeah, it's communication what I would like to address? What's the plan of communication to the neighbors? Ms. Alcaraz: Okay, thank you again, again we will let the representative, if you do not hear that then you can please contact the Planning Department's office to see if you can get those answers? Madam Clerk: Our final speaker is Ms. Middleton. It appears we don't have Ms. Middleton on line for WebEx at this time. Mr. Alcaraz: Okay, thank you. Representative you like to come forward? Mr. Beaman: Thank you Mr. Vice Chair, again for the record. Rob Beaman, local land use attorney with the Troutman Pepper Law Firm here now on behalf of the applicant, just to answer some of those concerns, as Mr. Horsley pointed out this site has been zoned for multifamily residential for some time now, and we're not proposing any sort of increase in density on the site. As per the staff report, the surrounding traffic network is currently under capacity, and then also the schools are under capacity as well. So there's no issue of overcrowding the schools, and I'm happy to reach out after the hearing to Ms. Panulo and her association as well to provide some additional information and have a conversation with them. Thank you. Mr. Alcaraz: Any questions? All right, hearing none, we'll go into discussion to obtain a motion. Mr. Horsley: I'll make a motion that application be approved, and I would like to encourage Mr. Beaman to get out in to keep them well informed as they need to be. Mr. Alcaraz: Do I have a motion now do I have a second? Mr. Redmond: Second Mr. Alcaraz: Okay, thank you. We have a motion by Mr. Horsley and a second by Mr. Redmond. Madam Clerk: The vote is open. By a vote of 10 in favor, zero against Agenda Item number two has been recommended for approval. AYE 10 NAY 0 ABS 0 ABSENT 1 Alcaraz AYE Bradley AYE Clemons AYE Coston AYE Cuellar AYE Frankenfield AYE Horsley AYE Oliver AYE Redmond AYE Wall ABSENT Weiner AYE PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. Proffer 1: Proffer Number 1 of the Original Proffers is hereby deleted and replaced with the following: "When developed, the improvements and landscaping on the Property shall be developed in substantial conformity with the conceptual site plan entitled "The Farm at Dam Neck and General Booth", dated June 24, 2022, and prepared by Timmons Group(the"Concept Plan"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning." Proffer 2: Proffer Number 9 of the Original Proffers is hereby deleted in its entirety. Proffer 3: Proffer Number 10 of the Original Proffers is hereby deleted and replaced with the following: "The maximum permitted height of the residential buildings located on the Property shall be seventy-five feet (75'), in lieu of the thirty-five feet (35') otherwise required under Section 604(a) of the Zoning Ordinance." Proffer 4: Proffer Number 11 of the Original Proffers is hereby amended by the addition of the following sentence at the beginning of such Proffer: "The quality of architectural design and materials of the residential buildings constructed on the Property, when developed, shall be in substantial conformity with the exhibit prepared by Cox, Kliewer & Company, P.C., entitled "APARTMENTS at THE FARM", and dated June 27, 2022 (the "Elevation"), a copy of which is on file with the Department of Planning and has been exhibit to the Virginia Beach City Council." Proffer 5: Proffer Number 13 is hereby added to the Original Proffers, and will read in its entirety as follows: "Grantor will submit a traffic impact analysis prepared by a licensed traffic engineer to the City Public Works Department as part of the site plan review process for the development of that portion of the Property identified as `Phase 2' on the Concept Plan." Proffer 6: Except as expressly modified by this Agreement, all other covenants, restrictions and conditions proffered as part of the Original Proffers shall remain unchanged and are incorporated herein by reference with respect to the Property. 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. APPROVED PROFFERS OF 1994 REZONING Proffer 1: The "Conceptual Site Plan and Rezoning Exhibit" prepared by Talbot Group, dated February 28, 1994, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning, shall be substantially adhered to so that there shall be coordinated design and development of the site in terms of vehicular, pedestrian and bike access, circulation, parking, landscaping, best management practices, as landscape features, and recreational amenities to better foster a sense of community. Proffer 2: Vehicular Ingress and Egress shall be limited to two (2) entrances from Dam Neck Station Road and one (1) existing entrance from Dam Neck Road. Proffer 3: A Community Building, including rental and maintenance offices, a recreational swimming pool serving the residents and child play areas (tot lots) shall be constructed in the areas depicted on the Conceptual Site Plan. Proffer 4: A multi-purpose (jogging, walking, biking) path and seating areas shall be constructed around the perimeter of the lake, with the path being connected to the jogging/bike path along Dam Neck Road. Proffer 5: A multi-purpose path and foot bridge shall be constructed across the natural area to Redwing Park as depicted on the Conceptual Site Plan, if all necessary permits are approved. Proffer 6: Sidewalks shall be constructed along the internal collector streets and shall connect with those along Dam Neck Station Road and Dam Neck Road. Proffer 7: All landscaping along Dam Neck Station Road and Dam Neck Road as depicted on the Conceptual site Plan shall meet the requirements for Standard B Scenic Easements as described in Article 3.5 of the Landscaping, Screening and Buffering Specifications and Standards of the City of Virginia Beach as adopted by City Council on April 18, 1988. Proffer 8: Gateway treatments shall be constructed at one entrance from Dam Neck Station Road and entrance from Dam Neck Road, with monument style signage externally illuminated from ground level. Proffer 9: Two (2) multi-purpose green spaces shall be located adjacent to the Community Building as depicted on the Conceptual Site Plan and all areas designated as floodway or non-tidal wetlands shall be preserved for passive recreational uses. Proffer 10: The buildings shall be a mix of two (2) story, three (3) story and combination two (2) and three (3) story elements. Those buildings located adjacent to Dam Neck Road and Dam Neck Station Road shall contain a combination of two(2)and three(3)story elements, with the two(2)story elements located at the ends of the buildings. Proffer 11: Exterior surfaces of all buildings shall be in an earth tone color. On those structures located along Dam Neck Road and Dam Neck Station Road, no more than thirty percent (30%) of the exterior building material (excluding roofing) may be vinyl. Proffer 12: The total number of living units permitted to be constructed on the Property shall not exceed six hundred and twelve (612). 01:41M1)4-48.1 4E City off VirgiiZia 13 tc I1 `v OUR NA1\�''t PLANNING DEPARTMENT&COMMUNITY DEVELOPMENT 2875 SABRE STREET,SUITE 500 ZONING DIVISION VIRGINIA BEACH,VA 23452-7385 (757)385-8074 FAX(757)385-5667 July 15, 2022 Steve Schmidt, PE, PTOE Timmons Group 1001 Boulders Parkway Suite 300 Richmond, Virginia 23225 Re: Parking Determination — The Farm at Dam Neck and General Booth — 872 Dam Neck Road [GPIN: 24157579410000] Dear Mr. Schmidt, This letter is in response to your request for an administrative parking reduction. According to Section 203 (b)(11) of the City Zoning Ordinance, the Zoning Administrator can reduce the number of required parking spaces if a substantial number of patrons are pedestrians or arrive by bicycle or alternative modes of transportation. The parking study entitled, "The Farm at Dam Neck and General Booth — Parking Analysis" and dated June 30,2022 has been submitted to the Zoning Office. Following review of the document, I have determined that the proposed reduction to 918 on-site parking spaces for the above referenced property is approved. The following factors were considered in approving this reduction in parking from 1,084 on-site spaces to 918 on-site spaces. • A continuous sidewalk network is provided along the north and south sides of Dam Neck Road and the east and west sides of General Booth Boulevard in the vicinity of the proposed multifamily project. The adjacent signalized Upton Drive intersection has ladder-style crosswalks on two (2) approaches and pushbutton activated pedestrian signals. Immediately to the west, the signalized Dam Neck Road/General Booth Boulevard intersection has well-marked/textured crosswalks on each of the four (4) approach legs as well as pushbutton activated pedestrian signals and ADA-compliant ramps and pedestrian refuge areas. • The site is approximately a 0.5-mile walk/bicycle ride from four (4) shopping centers, various commercial/retail establishments, Ocean Lakes Elementary Page 2 School, and three (3) public parks (Pine Meadows, Old Dam Neck, and Red Wing); all of which are connected via sidewalks. This distance represents a 15- to-20-minute walk or a 5- minute bicycle ride. • In addition, several multi-purpose paths are being proposed as part of this project that would provide a direct/improved connection to Red Wing Park to the north. • The site is located in close proximity to Hampton Roads Transit (HRT) Route 33 which provides service to Tidewater Community College, Atlantic Avenue, and 68th Street. Multiple bus stops are located within the area along General Booth Boulevard, with the closest stops immediately north and south of Dam Neck Road. • The proposed development is located within US Census Tract 454.28 which is generally bounded by Darn Neck Road to the south, General Booth Boulevard and Oceana Boulevard to the west, Red Wing Park to the north, and the Hampton Roads Training Support Center to the east. US Census Data provides the number of owned/available vehicles for each household in the tract along with the number of owned/available vehicles for renter-occupied households in the tract. As shown in the attached report, all occupied households within Tract 454.28 have an average of 1.35 vehicles per household. Renter-occupied households within the tract have an average of 1.12 vehicles per household. Based on the submitted parking evaluation and parking demand table, this site is approved to have 918 on-site parking spaces to accommodate the nine mid-rise apartment buildings with 612 total units of multifamily housing as described. This approval is valid only for the described use. Redevelopment or repurposing the site to a new use voids this approval. Should the site increase in size and/or capacity, a new parking study will need to be provided to the Zoning Office for review. If I can be of further assistance, please give me a call at (757)385-8545 or email at HSabo@VBgov.corn. Sincerel , Hanna Sabo Zoning Administrator, City of Virginia Beach � • • • t. • 0 1001 Boulders Parkway P 804.200.6500 T I M M O N S GROUP Suite 300 F 804.560.1016 YOUR VISION ACHIEVED THROUGH OURS. Richmond,VA 23225 www.timmons.com To: John Zaszewski, PE (Timmons Group) From: Steve Schmidt, PE, PTOE RE: The Farm at Dam Neck and General Booth—Parking Analysis Date: June 30, 2002 Copy: Scott Dunn,AICP, PTP (TG) Introduction Timmons Group completed a site-specific parking analysis for The Farm at Dam Neck & General Booth development located in the City of Virginia Beach,Virginia.The proposed development will consist of nine (9) mid-rise (three-to five-story) apartment buildings with 612 total units of multifamily housing. The proposed development will provide 918 dedicated off-street parking spaces. With the proposed number of parking spaces,the development will provide parking spaces at a ratio of 1.50 spaces per dwelling unit. The following analysis was completed to determine if the proposed number of parking spaces will adequately meet the development's parking needs. Required Parking per the City of Virginia Beach Zoning Ordinance The City of Virginia Beach Zoning Ordinance(Ordinance)sets the number of required spaces for each land use. The Ordinance was last revised as of March 16, 2022. Section 203.a.12 of the Ordinance specifies the off-street parking requirements as follows: "Dwellings,multifamily:two(2)spaces per dwelling unit for the first fifty(50)units located on a zoning lot and one and three-quarters(1.75)spaces per dwelling unit for all units in excess of fifty(50)units;" As shown in Table 1, per the Ordinance requirements, the proposed development requires 1,084 parking spaces,which equates to ratio of 1.77 spaces per dwelling unit. The proposed number of spaces are 166 less than required, or 0.27 spaces per dwelling unit less than the ordinance rate.This information is summarized in Table 1. Table 1: Required Parking Rates Virginia Beach City Ordinance Required Demand per Census Dat P Required Demand per ITE03.4) Units Aggregate Aggregate Saturday Max Aggregate Land Use Size Required Ratec • Demand Weekday Demand Spaces/Unit Spaces/Unit Demand Spaces/Unit 2 spaces/unit for Multi-Family Housing 612 D.U. 1st 50 units;1.75 1.35 spaces/unit =0.99'LN(x)+0.15 1.31 spaces/unit spaces/unit thereafter Required Parking 1,084 1.77 827 1.35 667 802 1.31 Proposed Parking 21$ LE2 9.1a Q 9 21$ 1.50 Difference (166) (0.27) 91 0.15 251 116 0.19 Notes: 1.Per Section 203.a.12 of the Virginia Beach Zoning Ordinance. 2.Source: data.census.govACS Community Survey Table S2504. See Table 2 for details 3. Source: ITE Parking Generation,5th Edition. Land Use Code 220 and General Urban/Suburban(no nearby transit)setting utilized. 4.Sunday excluded as ITE data based on only one study and therefore not statistically relevant. CIVIL ENGINEERING I ENVIRONMENTAL I SURVEYING I GIS I LANDSCAPE ARCHITECTURE I CONSTRUCTION SERVICES Farm at Dam Neck/General Booth—Parking Analysis June 30,2022 Page 2 of 4 Site-Specific Parking Study Section 203.b.11 of the Ordinance allows for: "The minimum required parking may be reduced upon the submittal of a parking study to the zoning administrator that indicates a substantial number of patrons of the use are pedestrian or arrive by means of public transportation or by bicycle. The zoning administrator shall determine the final parking ratio or reduction in the minimum required parking." The following sections detail the site characteristics supporting the reduction in on-site parking including (1) existing pedestrian/bicycle and transit facilities, (2) census tract demographic/vehicle ownership data, and (3) national parking data. Pedestrian/Bicycle Facilities A continuous sidewalk network is provided along the north and south sides of Dam Neck Road and the east and west sides of General Booth Boulevard in the vicinity of the proposed multifamily project. The adjacent signalized Upton Drive intersection has ladder-style crosswalks on two (2) approaches and pushbutton- activated pedestrian signals. Immediately to the west,the signalized Dam Neck Road/General Booth Boulevard intersection has well-marked/textured crosswalks on each of the four(4)approach legs as well as pushbutton- activated pedestrian signals and ADA-compliant ramps and pedestrian refuge areas. The site is approximately a 0.5-mile walk/bicycle ride from four(4)shopping centers,various commercial/retail establishments,Ocean Lakes Elementary School,and three(3) public parks(Pine Meadows,Old Dam Neck,and Red Wing); all of which are connected via sidewalks. This distance represents a 15-to-20-minute walk or a 5- minute bicycle ride. In addition, several multi-purpose paths are being proposed as part of this project that would provide a direct/improved connection to Red Wing Park to the north. Based on these characteristics which is supported by the census tract data below, it is anticipated that a substantial number of residents will use these pedestrian/bicycle facilities and be less dependent on a single- occupant vehicle (i.e., passenger car). Transit Facilities The site is located in close proximity to Hampton Roads Transit (HRT) Route 33 which provides service to Tidewater Community College, Atlantic Avenue, and 68th Street. Multiple bus stops are located within the area along General Booth Boulevard, with the closest stops immediately north and south of Dam Neck Road. Farm at Dam Neck/General Booth—Parking Analysis June 30,2022 Page 3 of 4 US Census Demographic Data Timmons Group conducted a review of the residential vehicle ownership/availability in the vicinity of the site to determine the parking demands of the surrounding residential uses. Since the proposed project is solely residential in nature, the ownership/availability of vehicles directly correlates to the parking demand/needs for the site. The proposed development is located within US Census Tract 454.28 which is generally bounded by Dam Neck Road to the south, General Booth Boulevard and Oceana Boulevard to the west, Red Wing Park to the north , and the Hampton Roads Training Support Center to the east. US Census Data provides the number of owned/available vehicles for each household in the tract along with the number of owned/available vehicles for renter-occupied households in the tract. As shown in Table 2, all occupied households within Tract 454.28 have an average of 1.35 vehicles per household. Renter-occupied households within the tract have an average of 1.12 vehicles per household. US Census Data proves residential uses in the vicinity of the site do not require parking at the Ordinance rates and residents utilize the available walking,bicycling,and transit options in the area.The proposed development will therefore require less parking than the Ordinance rates. As shown in Table 1, per the US Census Data,the proposed development will require 827 parking spaces. The proposed 918 parking spaces (1.50 spaces per dwelling unit) will exceed the demand of area by 91 total spaces or 0.15 spaces per dwelling unit. Table 2: Census Demographic Data Total Occupied Housing Wits in Census Tract 454.28 Total Renter-Occupied Housing Units in Census Tract 454.28 Number of Vehicles in Number of Vehicles in Household Number of Households Number of Vehicles Household Number of Households Number of Vehicles 0 Vehicles 115 0 0 Vehicles 49 0 1 Vehicles 299 299 1 Vehicles 100 100 2 Vehicles 158 316 2 Vehicles 29 58 3 or more Vehicles 97 291 3 or more Vehicles 22 66 Tota Is 669 906 Totals 200 224 Vehicles per Household 1.35 Vehicles per Household 1.12 Source: data.census.govACS Community Survey Table 52504 Farm at Dam Neck/General Booth—Parking Analysis June 30,2022 Page 4 of 4 ITE Parking Generation The Institute of Transportation Engineers (ITE) Parking Generation, 5th Edition, contains data on parking demands for specific land uses based on nationwide studies, including low-rise multi-family dwellings (Land Use Code 220).The equation-based and average peak parking rates contained in the Parking Generation report (for general urban/suburban areas)were used to calculate the parking demand for the proposed development as shown in Table 1. Per Table 1, according to ITE,the number of parking spaces required to meet weekday demand is 667 and the number parking spaces required to meet weekend demand is 802. The number of proposed parking spaces is 116 (or 0.19 spaces per dwelling unit) more than the ITE national averages. Conclusions As a result of the above analysis the following conclusions are offered: • The proposed residential develop is located within an area that has a proximal complimentary commercial development, an extensive/continuous sidewalk network and pedestrian accommodations, and nearby transit options.All of these amenities reduce parking demands for the site. • The proposed 918 dedicated off-street spaces exceed the local parking demand (per US Census Data). Based on the available data, vehicle ownership within this census tract is 1.35/unit for owner-occupied units and 1.12/unit for renter-occupied units.The proposed plan provides parking at a rate of 1.50/unit. • The proposed 918 dedicated off-street spaces exceed the ITE peak parking demand during both weekday and weekend peak hours. • A reduction in parking spaces from the Ordinance required spaces is warranted. The proposed 1.50 parking spaces per dwelling unit (918 on-site parking spaces) exceeds the parking demands of the site and will satisfy the parking needs of the proposed development. Should you have any questions or comments, please contact met at 804-200-6502 or steve.schmidt@timmons.com. sy4,.... , , _ , .. ,7-}>, •, 4 0, .. , o ‘t,, ,t . 1' y • k • l7! 1 /- " • ' . ,_},0.1.,....< . j•\.,.._ I w . :10 in, • ljzC.,. 4 Ji V-- . . • Z'i 't. ' •7 A ' 'i, 4.., 0—• 1 ' ir : ' A. 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J f( // I • # �,. PO • I k. , r l »..«____.:..fit..=.= .._._.�.._.:...................... r, :�. _.-- fsnw- i-_•-.-- +-_.AMt•� :- -4/ '- -<. �Yf_\v.avl 1 .'�1,111k- `"r.4 • • ' I- i Alps, •r _ . , , .• • ,„„ ,,, ., . ... ___ . '••R` THE FARM AT DAM NECK AND GENERAL BOOTH - DEVELOPABLE AREAH °° •• � VIRGINIA BEACH, VIRGINIA-July 15, 2022 T[MMONS GROUP YOUR VISION ACNItVSO THROUGH OURS .,.•w..w•••..+•..Ipwr�f+r—.w.-••••.f.••.f•.Iw..r ww.r•..• \ \ \----- w \ 1 \\ —____----- -- z -N. a, oocu ----\ � o ,-�/, \ 0 a \ 1 3 N , i 2 0_- .6 ,\ d, 1as N 0 , 0 \ -0 11000\ C° % th ___.A.' Toss.40 \ cc• %.i I :c) 0 1.1. -V A/- - 111 In*C6 100 Cr) Q �' Q Z N cp 0 --- \ Cr ° 1 0 >s Q Q oil -- r. O. \73 \ CO i E • M __ vue M M a o I - \C C ��tl� peflCI O ire te a) \------\ 7) :t. ta; Q a) , > — 0 - N V \\ N 0 � 4.+ 0 ' 1 Ac., 011 • . \\ \ Q \,:, , Qi E = )t, N' 0 \It N � co A �, = � M _ = -0 4-. .- Tr Ili '4 to Q 17°;, E E Tr S\O • A \ \ -0 •4 (P14.-ri N IAi Nam- if) 0ft 74 O •E- o .— a ef,\c—\ ‘.7t3 \ :i.0% ---_—____:— ,,- ,...., cm 1 —Road c , cts 5 a) HOtI1RO 0 1 :Tt. 0 ---- r ' ) Nce N o :::"-tcr)0- � o 42 L 0 •5 (n d N CO O 44 a r - 0 Ce tea. � \ rSilr_N . r o4� isi_- ri! CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: OCEAN CONDOMINIUM DEVERLOPERS, LLC [Applicant] ORP VENTURES, LLC [Property Owner] Modification of Conditions (Non-Conforming Use) for the property located at 404 34th Street (GPIN 2418923981). COUNCIL DISTRICT 6, formerly BEACH MEETING DATE: September 20, 2022 • Background: This requested modification of conditions to a non-conforming use is for a property located in Seapines Station at the oceanfront. This property, like others in this area, was developed prior to the adoption of the Virginia Beach Zoning Ordinance and have certain vested buildable rights. In this instance, two mid-twentieth century buildings that had a total of six dwelling units were previously located on this property. In 2013, a proposal to demolish and replace those buildings with a new four-unit, multi-family building was approved by City Council. The present request is to modify conditions of the 2013 plans to change the site layout and building design in order to develop the property with two duplexes instead of a single building with four units. • Considerations: In 2017, the City of Virginia Beach adopted as part of the Comprehensive Plan voluntary design guidelines for the Seapines Station area. The previously approved plans for this site predate the adoption of those guidelines. The applicant's design responds to many of the key concepts in the Seapines Station Voluntary Guidelines including façade and roofline articulation creating visual interest and a relationship to pedestrians. The design also incorporates some architectural elements from adjacent properties, such as its symmetry, stacked balconies, and roof pitch. The applicant is requesting a deviation to the maximum 35-foot height restriction for this area to accommodate a steeper roof pitch on these buildings. Both Staff and the Planning Commission support the deviation as it will fit in with the surrounding context. This project continues to reflect a net reduction of residential units, which as the property is located within the 70-75 dB Ldn noise zone, meets the goals of Article 18 of the Zoning Ordinance of minimizing residential units within the higher noise zones. Further details pertaining to the application, as well as Staffs evaluation, are provided in the attached Staff Report. Ocean Condominium Developers, LLC Page 2 of 3 Three letters of support from adjacent property owners were received by Staff. Though all letters were supportive of the proposal, one letter does identify concern about the loss of the mature trees and a general concern that the location of the HVAC units will have a negative impact on the outdoor space for these buildings. There is no known opposition to this request. • Recommendation: On August 10, 2022, the Planning Commission passed a motion to recommend this item on the Consent Agenda by a recorded vote of 9-0 with 1 abstention, to recommend approval of this request. 1. Except as modified by any condition below, or as necessary to meet City Development Ordinances and Standards, the Site shall be developed substantially in accordance with the submitted concept site layout entitled "Non- conformity exhibit of Lot 13, Block 106 Subdivision of Linkhorn Park," prepared by Align Surveying & Design, P.C. and dated 11/12/2021. 2. Except as modified by any condition below, or as necessary to meet City Development Ordinances and Standards, the Site shall be developed substantially in accordance with the submitted elevations entitled "404 34th St. & 405 33.5 St. Duplex," prepared by Land Planning Solutions and dated 7/20/2022. 3. The maximum number of dwelling units on the subject Site shall not exceed four (4). 4. A Landscape Plan shall be submitted to the Development Services Center of the Department of Planning and Community Development for review and ultimate approval prior to issuance of a Certificate of Occupancy and shall be developed in substantial conformance with the landscape plan entitled "Concept Landscape Plan for Lot 13, Block 106", dated 7/26/2022, and prepared by Gaddy Engineering Services LLC, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 5. The height of the buildings shall not exceed 38 feet at the ridgeline as exhibited in the submitted elevations entitled "404 34th St. & 405 33.5 St. Duplex," prepared by Land Planning Solutions and dated 7/20/2022. This is a deviation to the 35-foot height requirement, as required by the City Zoning Ordinance. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Letters of Support (3) Ocean Condominium Developers, LLC Page 3 of 3 Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department Ase,,,,_ City Manager: /ii,1 1 A RESOLUTION TO MODIFY THE CONDITIONS FOR A 2 DEMOLITION AND REBUILD OF NONCONFORMING 3 STRUCTURES ON PROPERTY LOCATED AT 404 34TH 4 STREET 5 6 WHEREAS, Ocean Condominium Developers, LLC (the 'Applicant") has made 7 application to the City Council for authorization to modify the conditions for a demolition 8 and rebuild of nonconforming dwellings at 404 34th Street and zoned A-12 Apartment 9 Zoning District; 10 11 WHEREAS, this parcel currently is vacant, but contained 6 dwelling units in 2013 12 when this parcel received approval to demolish and rebuild 4 dwelling units in compliance 13 with the submitted plan. These dwellings were constructed prior to the adoption of the 14 applicable zoning regulations and are therefore nonconforming; 15 16 WHEREAS, the 2013 submitted plan does not match the plans submitted for this 17 condominium project, but they do have only 4 units, so a modification is required to the 18 previous conditions; 19 20 WHEREAS, the Planning Commission of the City of Virginia Beach recommended 21 approval of this application on August 10, 2022; and 22 23 WHEREAS, pursuant to Section 105 of the City Zoning Ordinance, the demolition 24 and rebuild of nonconforming structures is unlawful in the absence of a resolution of the 25 City Council authorizing such action upon a finding that the proposed structures as 26 modified be equally appropriate or more appropriate to the zoning district than are the 27 existing structures. 28 29 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 30 VIRGINIA BEACH, VIRGINIA: 31 32 That the City Council hereby finds that the proposed nonconforming dwellings as 33 demolished and rebuilt will be equally appropriate to the district as are the existing 34 conditions and dwellings under the conditions of approval set forth herein below. 35 36 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 37 BEACH, VIRGINIA: 38 39 1, That the modification of conditions for the nonconforming dwelling units is hereby 40 authorized, upon the following conditions: Except as modified by any condition 41 below, or as necessary to meet City Development Ordinances and Standards, the 42 Site shall be developed substantially in accordance with the submitted concept site 43 layout entitled "Non-conformity exhibit of Lot 13, Block 106 Subdivision of Linkhorn 44 Park," prepared by Align Surveying & Design, P.C. and dated 11/12/2021. 45 2. Except as modified by any condition below, or as necessary to meet City 46 Development Ordinances and Standards, the Site shall be developed substantially 47 in accordance with the submitted elevations entitled "404 34th St. &405 33.5 St. 48 Duplex," prepared by Land Planning Solutions and dated 7/20/2022. 49 3. The maximum number of dwelling units on the subject Site shall not exceed four 50 (4). 51 4. A Landscape Plan shall be submitted to the Development Services Center of the 52 Department of Planning and Community Development for review and ultimate 53 approval prior to issuance of a Certificate of Occupancy and shall be developed in 54 substantial conformance with the landscape plan entitled "Concept Landscape Plan 55 for Lot 13, Block 106", dated 7/26/2022, and prepared by Gaddy Engineering 56 Services LLC, which has been exhibited to the Virginia Beach City Council and is 57 on file in the Department of Planning and Community Development. 58 59 5. The height of the buildings shall not exceed 37 feet at the ridgeline as exhibited in 60 the submitted elevations entitled "404 34th St. &405 33.5 St. Duplex," prepared by 61 Land Planning Solutions and dated 7/20/2022. This is a deviation to the 35-foot 62 height requirement as required by the City Zoning Ordinance. 63 64 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: Planning d Community City Attorney's Office Development CA15888 R-1 August 3, 2022 2 Applicant Ocean Condominium Developers, LLC, a Virginia Agenda Item Limited Liability Company Property Owner ORP Ventures, LLC crryof Planning Commission Public Hearing August 10, 2022 13 Virginia Beach City Council District District 6,formerly Beach Request Modification of Conditions (Non- Conforming Use) 1 Staff Recommendation `hsv.• Approval h t Staff Planner U"k "`SM Elizabeth Nowak , r T -' Location o `ok, sf�` 404 34t h Street o _ � 'YO'b R o r"t�'i' GPINsAit:49.91e0-I- 2418923981 I Site Size 7,000 square feet -sk'"a t s ee` �`r'� ibstee\ AICUZ - ;0 wiey 70-75 dB DNL -� 9 z9`hs�et Watershed ii L_ j ` Z$,hsr'' Chesapeake Bay 4J._ �A, z,t"Stee` Existing Land Use and Zoning District Undeveloped lot/A-12 Apartment r u, ' 4=. :, I ,y 'tl 's Surrounding Land Uses and Zoning Districts . •,_ .\ - .\ ,= ,..IT, . ,f :..-- North -' 5 . e ; a ._ , - *fit •"L ..,,r, 1 - .,.. 34th Street1. • s' .:1-. tz-v.i. . x Multi-family dwellings/A-12 &A-24 Apartment "-- "7 -.1.)?., , +` •r "Y , t.',n. �',,� '- A' € • - , i5" n 3a,n -�, , South ‘ r: �,:c 33 %2 Street 4..f . �., t ". - -_ Single-family dwellings, multi-family dwellings / ' - j y,:1. :�. A-12 Apartment, RT-3 Resort Tourist ` ;`ti 'i'',1 •p �`' _ - c. ' East ,, r,c, i.'t, , ; t.:W-,‘, ?l , Undeveloped lot,single-family dwelling /A-12 '---- "` r7-_:10.,ks,. 7,- — ' :1-, Apartment ,, ,, 1 `«E�` \.p 33cc1 Hy. t y: q West s..�. -1 h ,, :`x ,, _ -14 '` f ' ' t - Multi-family dwellings /A-12 Apartment • ` �' IS ' Ocean Condominium Developers, LLC, a Virginia Limited Liability Company Agenda Item 13 Page 1 Background & Summary of Proposal • This 7,000 square foot undeveloped lot is located in Seapines Station, an area identified in the Comprehensive Plan with recommended design guidelines. Seapines Station is characterized by a mix of early twentieth-century buildings and modern infill and redevelopment. Lots that were developed prior to the adoption of the Virginia Beach Zoning Ordinance have certain vested buildable rights,this lot being one of them. • Prior to 2013,two mid-twentieth century buildings were located here which had a total of six dwelling units. In November 2013, a proposal to remove those structures and replace them with a development with four dwelling units was approved by City Council as a modification to a non-conformity as the six existing units (existing legally nonconforming) and the proposed four units exceeded the maximum density provision for properties in the A-12 Apartment District . Though the original structures were demolished in anticipation of that development,the replacement buildings with the four units were never constructed. • Today,this applicant is proposing to modify specifically Conditions 1 and 4 of the 2013 approval: o Condition 1 refers to the design concept and layout of the previous proposal.The applicant is proposing four dwelling units (which is unchanged from the previously approved plans), but with a new layout and building designs. o Condition 4 intends to address design inconsistencies between drawings that had accompanied the previous application. This condition is no longer needed with the new proposal. • The site will be developed with two duplexes: one will front 34th Street while the other will front 33%2 Street. While the buildings will have the same elevations and configuration,they will be distinguished from each other through a complementary color scheme. The three-story buildings are proposed with a height of 37-feet and 10-inches. Front- loading, slightly recessed, single car garages will provide parking for each unit on the first floor. Entrances will be located on the side elevations of each building and will be inset with shed roofs to provide cover and to identify the entries. Faux wood siding, used as an accent material,will wrap each corner from the primary elevation to the side entrances and will provide architectural interest. Inset balconies will be located on the second and third floors of each building. • In addition to redeveloping this lot,the applicant is working on by-right redevelopment plans for the two lots east of 404 34th Street. Similar design aesthetics, materials, and color will harmonize this multi-lot redevelopment. ,'' 0 � 1i ����' Aa A � a s OP \\' 't ' IV* ‘) 'r-------------- 011 —�� 4' Zoning History `\��-� 1t 1l', A 12 # Request / 1 NON Approved 11/12/2013 R20 IL. 2 NON Approved 06/25/2018 C:\ ii,„ % i PP v. i i �--- 3 NON Approved 06/07/2016 C 4 STR Approved 07/14/2020 CI\ , __________—A\ 5 MOD Approved 09/28/2010 „look-" � a CRZ(R-10 to Conditional A-12)Approved 09/12/2000 Al2 Ile �L J ---`" s�sc �'a 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 Ocean Condominium Developers, LLC, a Virginia Limited Liability Company Agenda Item 13 Page 2 Evaluation & Recommendation The proposed modification to construct two duplexes on this site is, in Staff's opinion, acceptable.The previously approved plans for this site predate the adoption of the Seapines Station Voluntary Design Guidelines.Though the previous plans are compatible with 2013 recommendations for the Suburban Area,the current proposal adheres to several of the primary recommendations in the Seapines Station Voluntary Design Guidelines, a brief evaluation of which is included below: Design, Setbacks, Massing The Guidelines recommend that large-scale structures be "broken up" into separate buildings, and that roof lines and heights be varied in order to reduce the mass of a structure; horizontal planes (i.e. exterior walls)should also have variation and architectural interest; and, in general, stacked box forms should be avoided. The Guidelines also state that the front setback of the buildings should be 10 feet,the side yard setback should be eight feet, and porches should be five feet to support both these recommendations. Front-facing garages should be limited to one-car garages and should be set back at least 36 feet from the right-of-way; parking is encouraged to be located to the rear of properties. Major goals of these guidelines are to create a pedestrian-friendly environment by encouraging interaction between buildings, the sidewalk,the street and through development patterns that are approachable, people-scaled, and architecturally interesting. While the overall shape of the proposed duplexes are box-like,the following design elements break up the rectangular massing: • Shed roof projecting bay on the primary elevation • Shed roofs at each unit entrance • Double gables on the side elevations • Recessed garage entrances • Band board that wraps the side and rear elevations • Inset balconies Front-facing garages are single car and driveways will be separated from each other.Though setbacks of the garages are shallower than the Guidelines recommend,they are an improvement over the previously approved parking solution. The previous plans proposed several long driveways and outside-only parking. Height The applicant is proposing a height of 37-feet and 10-inches for these duplexes and requests a deviation to the A-12 Apartment District 35-foot height standard. In addition to the height standard set forth in the Zoning Ordinance,the Guidelines recommend that development in this area of Seapines Station have a maximum height of 35 feet. In Staffs opinion, a deviation of height for these structures is appropriate for the following reasons: • The requested difference is minimal at two feet and 10-inches. • The slight increase in height accommodates a roof pitch that is compatible with adjacent buildings and that follows recommendations in the Seapines Station Voluntary Design Guidelines relating to roofs and massing. The pitch provides interest,shadow, and variation to the buildings that avoids a pure box-like form. • Buildings on the north side of 34th Street opposite to the subject site are constructed on dunes. The change in elevation caused by the dunes on this block of 34th Street will minimize the visual impact of the proposed heights. Materials The Guidelines state that siding should include high quality materials that stand up over time to the effects of salt spray and wind. Use of masonry and cement fiberboard is encouraged. The applicant is proposing premium vinyl siding on the façade and trim details. The articulation of exterior materials is balanced and meets the intent of the Guidelines. Ocean Condominium Developers, LLC, a Virginia Limited Liability Company Agenda Item 13 Page 3 Landscaping The Guidelines state that landscaping along street fronts should frame, soften and embellish the quality of the residential environment. Planted areas should be designed to aid in stormwater management,where possible.The Guidelines recommend that a minimum five-foot wide evergreen hedge be installed along the length of any driveway that abuts a north/south property line, and that street trees be planted along rights-of-way on infill lots and for redevelopment sites. In the concept landscape plan (provided below),the applicant proposes medium canopy trees at each corner of the lot and a planting buffer between each building and the adjoining property line. In Staff's opinion,this concept plan meets the recommendations in the Seapines Station Voluntary Guidelines. Prior to this and the 2013 approval for the modification of the non-conformity,six dwelling units had been located on the subject site. Plans approved in 2013 for this site were for the construction of four dwelling units;this application also proposes four dwelling units. Overall,this project continues to reflect a net reduction of residential units,which as the property is located within the 70-75 noise zone, meets the goals of Article 18 of the Zoning Ordinance of minimizing residential units within the higher noise zones. As there is no change in the number of units from the previously approved plans, Staff anticipates no significant change in average daily trips due to this modification. It is Staff's opinion that the project addresses many of the key Seapines Station Design Guidelines with regard to providing a quality streetscape and built environment that reduces emphasis on parking areas. Based on the considerations above,Staff recommends approval of this Change in Nonconformity request subject to the conditions below. Recommended Conditions 1. Except as modified by any condition below, or as necessary to meet City Development Ordinances and Standards, the Site shall be developed substantially in accordance with the submitted concept site layout entitled "Non- conformity exhibit of Lot 13, Block 106 Subdivision of Linkhorn Park," prepared by Align Surveying& Design, P.C. and dated 11/12/2021. 2. Except as modified by any condition below, or as necessary to meet City Development Ordinances and Standards, the Site shall be developed substantially in accordance with the submitted elevations entitled "404 34th St. &405 33.5 St. Duplex," prepared by Land Planning Solutions and dated 7/20/2022. 3. The maximum number of dwelling units on the subject Site shall not exceed four(4). 4. A Landscape Plan shall be submitted to the Development Services Center of the Department of Planning and Community Development for review and ultimate approval prior to issuance of a Certificate of Occupancy and shall be developed in substantial conformance with the landscape plan entitled "Concept Landscape Plan for Lot 13, Block 106", dated 7/26/2022, and prepared by Gaddy Engineering Services LLC, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 5. The height of the buildings shall not exceed 38 feet at the ridgeline as exhibited in the submitted elevations entitled "404 34th St. &405 33.5 St. Duplex," prepared by Land Planning Solutions and dated 7/20/2022. This is a deviation to the 35-foot height requirement, as required by the City Zoning Ordinance. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. Ocean Condominium Developers, LLC, a Virginia Limited Liability Company Agenda Item 13 Page 4 The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations This proposal is located in Seapines Station, near the Oceanfront Resort Area. Voluntary design guidelines exist for this area—the Seapines Station Voluntary Design Guidelines—to encourage a quality streetscape and built environment that reduces emphasis on the garage and parking areas, provides appropriate massing and treatment of buildings, accommodates large porches and increases plant material along street frontages. In sum,the guidelines support the development of quality and compatible infill development. Natural & Cultural Resources Impacts The site is located in the Chesapeake Bay Watershed.There are several significant mature trees on the property that are slated for removal. Staff notes that it would be difficult to redevelop the property with four units without long-term impact to the health of the trees, ultimately resulting in removal of the trees. In Seapines Station,there are some individual resources that have been identified in the City's Architectural Survey. Among these resources is the c.1922 Mediterranean Revival house at 3310 Arctic Avenue,which is a rare example of this style of architecture in Virginia Beach. The building is located on the southwest corner of 34th Street and Arctic Avenue, two lots east of the subject site. While not directly affected by this application,the building is planned to be demolished as part of a different redevelopment project, which is likely to occur within a similar timeframe as this development. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic 34th Street No available traffic counts Existing Land Use 1—27 ADT2 Proposed Land Use 3—29 ADT 'as defined by a 4-unit 2 Average Daily Trips 3 as defined by 4 duplex residences apartment Master Transportation Plan (MTP) and Capital Improvement Program (CIP) 34th Street is a two-lane undivided local street.This road is not included in the MTP and there are no CIP projects slated for this area. Public Utility Impacts Water City water is available from a six-inch City water main along 34th Street. Sewer City sanitary sewer service is available from an existing eight-inch City sanitary sewer gravity main along 33rd 1/2 Street. Each individual unit must connect to City water and sanitary sewer with separate and exclusive service lines, meters, sewer laterals, and cleanouts. Ocean Condominium Developers, LLC, a Virginia Limited Liability Company Agenda Item 13 Page 5 Public Outreach Information Planning Commission • As of the printing of this staff report, Staff has received three letters of support from adjacent property owners. • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on July 5, 2022. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,July 24, 2022 and July 31, 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 July 25, 2022. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of www.vbgov.com/pc on August 4, 2022. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, September 4, 2022 and September 11, 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 September 5, 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 September 16, 2022. Ocean Condominium Developers, LLC, a Virginia Limited Liability Company Agenda Item 13 Page 6 Proposed Site Layout PROPERTY SHOWN HEREON IS ZONED Al2. LOT 13 IS A PROPOSED RESIDENTIAL DUPLEX EXISTING SETBACKS FOR Al2(DUPLEX)ARE: 30'FRONT YARD 10'SIDE YARD 34TH STREET 30'STREET SIDE YARD 10'REAR YARD (60'RIGHT OF WAY) (M.B.5,PG.151) • • ••• i f I, •. J, I 2rd AND It F_00R S DEC< 5 0' 5.0' __.a as y 01 at,-p E7 q ti rcr 4 FRANLDJ.LO if (';'.SLAB) y S . i ��, 'SE _ 19 D' ;¢=8�°vJj v CC'''. Mill NM ANC ((i i .AIIO PATO 2 ,� LOT.13 TiQ Q m.- - ye Z CONIC coCONC. W V ®ATIC �® ®® 'ATIC a: 199 1oS P.,21 • 2'a 2 1 STORY FRAME OURLEX Q ON SLA31 c 'v, 5 0' 30.9' 5.0' I. 214 MD Dv-_'CR S DCC< , Q •• :• a Z1E-*1 l H Op L DRN= C. . • • . .. , 2 4�' II/I2./202-I � - .4. . • . \ 8 WILLIAM S. GRANT r i r Uc.NC.D01533—B 20' ALLEY //7W. 33rd] STREET • PERSIB EI SIGN 1 5 9-0 NQ S U R'J 0 20 40 60 NON-CONFORMITY EXHIBIT OF AL._..I( J LOT 13,BLOCK 106 SUBDIVISION OF LINKHORN PARK (MAP BOOK 5.PAGE 151) VIRGINIA BEACH.VA SURVEYING&DESIGN, P.C. NOVEMBER 3,2021 SCALE 1,20 EXCLUSIVELY FOR 4600 STATION HOUSE RD.STE 202 CHESAPEAKE_VA 23321 BISHARD HOMES PHONE 757-073-77 V1 40 MAN-ALIGNSURVEYING.COM PROJECT NO. 21-066 DRAWING NO21-086EX 13 Ocean Condominium Developers, LLC, a Virginia Limited Liability Company Agenda Item 13 Page 7 Proposed Elevation Plan ►106-it6-LiL xaidna•IS S££cot aA �WITTV%7'H).{1:1S K pm : QUdHSI o . ; N�� zQ�r,14,1,t1:%Hf10ANYIT LSSS 1!•dA.�FfrYlFrf.1�F. N KosiD�s VOL- ' S q;b£bOb .,,CIPIa• MAY ,,,,�„,,,,,,,,,, 5 F11! b c`% I j I '■■■ l l® 1 ISI IB' TIY s I. b e as !■ 1 1 L:: ' ■■■ 1 kL ! ■■ W Li i / 1 y ■■■ 1 I /711 • K V R; - fj i ?17 u! 1SL % L. -_ M_ I (33 NEN ' t II 4 Nom II I y_ . MIN i i. j. A In , ® RT1 ga NM ■■�I r' i ® �:1 4' ®1 _ 7 �� 1 . 1- 1 _ i 1 . 1 p4 i Z My S Ocean Condominium Developers, LLC, a Virginia Limited Liability Company Agenda Item 13 Page 8 Concept Landscape Plan PROPERTY SHOWN HEREON IS - ZONED Al .LOT 13 IS A PROPOSED_/ RESIDENTIAL DUPLEX. 34 TH STREET (60'RIGHT OFWAY2 (JH.B.4 PG 15!) i LANDSCAPING SYMBOLS ..••••::r•w• 40, MEDIUM CANOPY TREES 1:i:::•••I:.: •' it) SMALL EVERGREEN TREES .i� LARGE SHRUBS I :: ". .' 3 m®0 SMALL TO MEDIUM SHRUBS ;ir PROPOSED al* 3 STORY • � I' ® EVERGREEN SHRUBS FRAME DUPLEX ION SLABI 1. N 5 - G. •'dim'.' •+VAC :,?A WHITE VINYL • f FENCE(TYP, x x x to _ •.czr4c 39.E 5' PROPOSED -- 3 STORY FRAME DUPL ` (ON SLAB) :. ).-_ 1 ;f-sjil.......................'....:•:.... .4,,...t...Yid4%la y w ASH•.AL1 � �%�9 120'ALLEY ! v0 / 333--1/7TEREE T SIGN / MICHAEL . G'+IDY a Lic. No. -o 040754 4 10 t` 0,� 07-28-2022 �<v CONCEPT LANDSCAPE PLAN FSS�ONAL ENG\ FOR LOT 13, BLOCK 106 LINKHORN PARK M.B.5 PG.151 VIRGINIA BEACH,VIRGINIA 07-26-2022 c: i\D DY 0 1 0 20 ENGINEERING SERVICES,LLC 508 N BIRDNECK ROAD,SUITE D VA BEACH,VA 23451 1-=20' 757-289-5933 Ocean Condominium Developers, LLC, a Virginia Limited Liability Company Agenda Item 13 Page 9 13 ffl 01 C tn • 13 _ ,r-"'--7------'--------T-:--------- , ?-- r - 1 El Ili Ell 'IMi. Mil ii:i :' If1l � El ICIIfil' ; Li In I: II 13 i.... It i�i ill' i�i ai liii ICI I�1 1■I la"" ill Ill ill IiiI ® 1.t Hi, 0--1�II• - ICI ��'I�I' 1I1 1611 ICI vl iii i III ii y r, i�r iilii ill Nil Mil It - .�V iii III, O PROPOSED EAST SIDE ELAVATION mn co 1.0d KO MT"rwr id wwwR.w,11w,www•10 M..Ow.n rl.w drN.Nr r"...ww•el.w.wrwewndl•M1wMip.nR1 n ./roR.M01011.0.1MMIN.MdrM MM•w!'.t4.M.rn .n, y ., + ,; .1.+1 V IY.OM•M..LAO!O.IIIO.MX'Y N.T C N Cam' ,•, '; L j"Lit jE,.fi_-. - • • z N • nEcioga ...:— , . ,,_-, , ,, ] i .. . , 1 0 1� g,. _ r y n _ a R •-�° PROPOSED 34th STREET ELEVATION ].n1- 0q w 5 LOT Il KOOK 1d UN10M Mt E. $7.,...1.TZ-r-: 7,,,7.7.:::-"" f trilS1 tY91 r v.e ,... f ItILK 21.:1 ` .nPwd�.Mi . 3 --- PROPOSED SITE + 78 7-6 PO-8040 (D Q _r_ D a' aro fD = = r+ o_ a) n - - 0 crow m 3 rn 3 a, I--- = 0 W -< Resolution A RESOLUTION TO MODIFY THE CONDITIONS FOR A 2 DEMOLITION AND REBUILD OF NONCONFORMING 3 STRUCTURES ON PROPERTY LOCATED AT 404 34TM 4 STREET 5 6 WHEREAS, Ocean Condominium Developers, LLC (the "Applicant) has made 7 application to the City Council for authorization to modify the conditions for a demolition 8 and rebuild of nonconforming dwellings at 404 34th Street and zoned A-12 Apartment 9 Zoning District; 10 11 WHEREAS,this parcel currently is vacant, but contained 6 dwelling units In 2013 12 when this parcel received approval to demolish and rebuild 4 dwelling units in compliance 13 with the submitted plan. These dwellings were constructed prior to the adoption of the 14 applicable zoning regulations and are therefore nonconforming; 15 16 WHEREAS,the 2013 submitted plan does not match the plans submitted for this 17 condominium project, but they do have only 4 units, so a modification is required to the 18 previous conditions; 19 20 WHEREAS,the Planning Commission of the City of Virginia Beach recommended 21 approval of this application on August 10,2022;and 22 23 WHEREAS,pursuant to Section 105 of the City Zoning Ordinance,the demoktion 24 and rebuild of nonconforming structures is unlawful in the absence of a resolution of the 25 City Council authorizing such action upon a finding that the proposed structures as 26 modified be equally appropriate or more appropriate to the zoning district than are the 27 existing structures. 28 29 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 30 VIRGINIA BEACH,VIRGINIA: 31 32 That the City Council hereby finds that the proposed nonconforming dwellings as 33 demolished and rebuilt will be equally appropriate to the district as are the existing 34 conditions and dwellings under the conditions of approval set forth herein below. 35 36 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 37 BEACH,VIRGINIA: 38 39 1. That the modification of conditions for the nonconforming dwelling units is hereby 40 authorized,upon the following conditions:Except as modified by any condition 41 below,or as necessary to meet City Development Ordinances and Standards,the 42 Site shall be developed substantially in accordance with the submitted concept site 43 layout entitled"Non-conformity exhibit of Lot 13,Block 106 Subdivision of Llnkhom 44 Park,"prepared by Align Surveying&Design,P.C.and dated 11/12/2021. 45 2. Except as modified by any condition below,or as necessary to meet City 46 Development Ordinances and Standards,the Site shall be developed substantially Ocean Condominium Developers, LLC, a Virginia Limited Liability Company Agenda Item 13 Page 11 Resolution 47 in accordance with the submitted elevations entitled '404 34th St.&405 33.5 St. 48 Duplex,"prepared by Land Planning Solutions and dated 7/20/2022. 49 3. The maximum number of dwelling units on the subject Site shall not exceed four 50 (4). 51 4. A Landscape Plan shall be submitted to the Development Services Center of the 52 Department of Planning and Community Development for review and ultimate 53 approval prior to issuance of a Certificate of Occupancy and shall be developed in 54 substantial conformance with the landscape plan entitled'Concept Landscape Plan 55 for Lot 13,Block 106",dated 7/26/2022,and prepared by Gaddy Engineering 56 Services LLC,which has been exhibited to the Virginia Beach City Council and is 57 on file in the Department of Planning and Community Development. 58 59 5. The height of the buildings shall not exceed 37 feet at the ridgeline as exhibited in 60 the submitted elevations entitled'404 34th St&405 33.5 St. Duplex,'prepared by 61 Land Planning Solutions and dated 7/20/2022.This is a deviation to the 35-foot 62 height requirement as required by the City Zoning Ordinance. 63 64 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: q)\Q Planning aAd Comrunity City Attorney's Office Development CA15888 R-1 August 3,2022 2 Ocean Condominium Developers, LLC, a Virginia Limited Liability Company Agenda Item 13 Page 12 Site Photos , y `+ . i •• :ds "',." -'� ,:y r , 'A _Y , i '" _,. \- - ate.. .. iVIfr„ s I<,.:a .tea .. ..- .• - irir -; - - -r:.:, _ _ <•- tea. ..R...�w_. _- : -eT_ _^<w�"... - , n'-a ..-- Spy "'+- .'�62: t p• P '3�*►t+ - . -a-,._ - y.-- - T_ ap.k- • rf r T' •--' l/�: . .y y'. -. j c, .tire, , a>..- t: :". _ - y w.t� S -S !e�� c • ,, �C y4y0,L. �-r f '�'_ ti ,0. C +:esr Wit- (41„oz., 04- f' • -....,,,..,.. ,..,- . 4 .. r - - 1 j a. i i <�... . t N,y .J 4r r % ' 41 4 / 4' -. Ii f' 'R'°�`.- .., _ .�L� •. 4' , ; ts , "�-n; try' 1, A w # M r • ,•„....1. '' �. '.' 7'_Ems-'_'; It sir . l k ',Ant,,,..-7 - ,,'0,,tri 4. -, ..,:44..s 4-4c. .t.,,_., . :„k_ . _,.. , .0, , • a s .- I.-:rt5r *l yytl.-. 3. , ..'i,-•y V 'E- -', _ y�4- _ .� Itit sx W }: ,till-w'6 •1 4.• -1"T, q: 4 ` <.•°`,_ �_.. a 't c... T c, I v a• - 1 Ra„%,r" �---R t C,..!It +- y erc-rT^�1�e� ,'a�a1 air u�'`''t a 7 4 v �j ` w , ';tea Y ,,..4,.., ; S9t s y�-c.►41+4 «; -.,� t .t +a }�_+, f t a 'a -r-. . �,,. sw . -.i :Sx. .4fiCY'4,5 �t'�-•iait�►6 1 -.0?_.. ._ .0• i�R .., ._.1�1�1*"1►'�' Ocean Condominium Developers, LLC, a Virginia Limited Liability Company Agenda Item 13 Page 13 Site Photos 9 .._I •N ' • - i, y �� ' - • • .,-:-;, •".,.:—. --- - .2.), - -- ,Ft 14 '•' . . -. _iistwaw.....4 __ _____ ....-0.„. _ ..,.. .404,‘„,_ ..,_ -;;:- __, - - i - -i i ' , '. -,-1.4%—.4•' 0041. -WI- •1 -„---? .' ii-.. ' ' ' ' -__.--,-,-v ..:..,...:'--•' .AiRF— A.-.,a` '- ' 3 . Alp,'" ' .k• -;., :t•44. ;.4'1". -:,-iii, , -.. -,, e ti �• :'d. -,. wry (-• 7't r In t n _ ~ gyp. rl.x T" • 5.:. t.YS�.. g ., ;may : _ _ _ f : Ocean Condominium Developers, LLC, a Virginia Limited Liability Company Agenda Item 13 Page 14 Disclosure Statement Disclosure Statement City of t'vpinin 134116.11 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 Ocean Condominium Developers,LLC Does the applicant have a representative? IIE 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 0 No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Steven W.Bishard&John Bishard,Members • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) "Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. "Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 1 I • Ocean Condominium Developers, LLC, a Virginia Limited Liability Company Agenda Item 13 Page 15 Disclosure Statement Disclosure Statement ON of Virginia Strait Planning&Community h_ Development ram' Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes .No • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑Yes ■ No • If yes,identify the financial institutions providing the service. 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes ® No • If yes,identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes ® 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. Land Planning Solutions-John Bengtson 5. Is there any other pending or proposed purchaser of the subject property?❑Yes ■ No • if yes,identify the purchaser and purchaser's service providers. Revised 11.09.2020 2 I Ocean Condominium Developers, LLC, a Virginia Limited Liability Company Agenda Item 13 Page 16 Disclosure Statement Disclosure Statement Vi3 Co i,,y,1 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. Steven W.Bishard,Bishard Homes 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. William Grant,Align Surveying&Design,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?t Yes ❑No • If yes,identify the firm and indiviaual proviairg the service. R.Edward Bourdon,Jr.,Esq.,Sykes,Bourdon,Ahern&Levy,P.C.;Harry R.Purkey,Jr.,Esq. Applicant signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has beer scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Ap nt Signature VCA t1 iS tYd 0.0-C Print Name and Title Date Is the applicant also the owner of the subject property? ❑Yes ®No • If yes,you do rot 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 8/30/2022 Signature fJ /v,r JBG,•z<„I‘ Print Name Elizab Nowak 3 ) Ocean Condominium Developers, LLC, a Virginia Limited Liability Company Agenda Item 13 Page 17 Disclosure Statement Disclosure Statement (*try of lirgouo!Midi Planning&Commu Development Owner Disclosure Owner Name ORP Ventures,LLC Applicant Name Ocean Condominium Developers,LLC Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business?®Yes ❑ No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Steven W.Bishard&John K.Bishard,Managers • If yes,list the businesses that have a parent-subsidiary;or affiliated business entity'relationship with the Owner (Attach a list if necessary) Ocean Condominium Developers,Bishard Homes,LLC Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes ® No • If yes,what is the name of the official or employee and what is the nature of the interest? "Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. °"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09 2020 5 I Ocean Condominium Developers, LLC, a Virginia Limited Liability Company Agenda Item 13 Page 18 Disclosure Statement Disclosure Statement VI3 City.fVirqumHoadt >K. 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. Blue Ridge Bank,N.A. 2. Does the Owner have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes i No • If yes,identify the company and individual providing the service. 3. Does the Owner have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes MI 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 ® No • If yes,identify the firm and individual providing the service. Revised 11.09.2020 6 Ocean Condominium Developers, LLC, a Virginia Limited Liability Company Agenda Item 13 Page 19 Disclosure Statement Disclosure Statement (-:ty t'Vvty ihUJt Planning&Community Development 8. Is the Owner receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?®Yes 0 No • If yes,identify the firm and individual providing legal the service. R.Edward Bourdon,Jr.,Esq.,Sykes,Bourdon,Ahern&Levy,P.C.;Harry R.Purkey,Jr.,Esq. Owner Signature I certify that all of the information contained in th,s Disclosure Statement Form is complete,true,and accurate I understand that. upon receipt of notification that the application has b •• cheduled for public hearing.I am responsible for updating the information provided herein two weeks prior to e mee ing of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connectlo•with thi application. ORP Ventur By: .If/ Owner Signature Steven W Bishard,Manager Print Name and Title �� Date Revised 11.09.2020 7 Ocean Condominium Developers, LLC, a Virginia Limited Liability Company Agenda Item 13 Page 20 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Ocean Condominium Developers, LLC, a Virginia Limited Liability Company Agenda Item 13 Page 21 Virginia Beach Planning Commission August 10, 2022, Public Meeting Agenda Item # 13 Ocean Condominium Developers, LLC [Applicant] ORP Ventures, LLC [Property Owner] Modification of Conditions (Non-Conforming Use) Address: 404 34th Street RECOMMENDED FOR APPROVAL— CONSENT Mr. Weiner: Thank you sir. Next is item number 13, Ocean Condominium Developers for Modification of Conditions for Non-Conforming Use on 404 34th Street. Mr. Bourdon: Thank you again Chairman, and members of the Commission, Eddie Bourdon, Virginia Beach Attorney representing the applicant. We want to thank Elizabeth Nowak and Carolyn Smith for their work on this application with my clients. All the conditions as recommended by staff in the handout that I received are acceptable to my client. Thank you. Mr. Weiner: Thank you, sir. Is there any opposition to this being placed on the Consent Agenda? Hearing none, I request Mr. Coston to read this into the record please. Mr. Coston: Thank you, sir. This 7,000 square foot undeveloped lot is located in Sea Pines Station, an area identified in the Comprehensive Plan with recommended design guidelines. Sea Pines Station is characterized by a mix of early 20th-century buildings, and modern infill, and redevelopment. Lots that were developed prior to the adoption of the Virginia Beach Zoning Ordinance have certain vested buildable rights, and this lot is one of them. Prior to 2013, two mid-20th century buildings were located here, which had a total of six dwelling units. In November of 2013, they proposed to remove these structures and replace them with a development with four dwelling units was approved by City Council as a modification to a non- confirmatory as the six existing units existed legally non-conforming, and the proposed four units exceeded the maximum density provision for properties in the A-12 Apartment District. Though the original structures were demolished in anticipation of that development, the replacement building with the four units was never constructed. Today this applicant is proposing to modify specifically conditions one and four of the 2013 approval. Condition one refers to the design concept and layout of the previous proposal. The applicant is proposing four dwelling units, and in condition four intends to address design inconsistencies within drawings that had accompanied the previous application. This condition is no longer needed with the new proposal. The staff has recommended approval and the Commission concurs therefore, we have placed this on the Consent Agenda. Mr. Weiner: Thank you. Mr. Horsley. Mr. Chairman that is the end of the consent agenda. I move for approval items number 1, 4, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, and 20. Mr. Alcaraz: Alright, thank you. I have taken that's your motion to approve those items. Thank you. Mr. Weiner: Is there a second? Hearing second, are there any Planning Commissioners abstaining any of these consent agendas items? Mr. Redmond: I want to make two disclosures. Number one, I should have disclosed earlier when we had application withdrawn, for some time I abstained on short-term rental applications and ordinances because I had a client in the travel industry, I no longer have that client, and so I am withdrawing the letter or at least withdrawing my abstention from those items, and henceforth I we'll be voting on those items. Second, I would also like to mention that Agenda Item Number 10, Jenny Corporation is applying at a shopping center at Salem Crossing Shopping Center, which is leased by a colleague of mine at my place of business. I don't receive any kind of remuneration or have anything to do with that piece of business. So I may merely make that disclosure. I will be voting in favor of that, and the rest of the consent agenda. Thank you. Mr. Alcaraz: Pursuant to the state and local government conflict of interest, I make the following declaration. I'm executing this written disclosure in hand regarding the Planning Commission's discussion on vote number 13, Ocean Developers, LLC 404 34th Street. I'm employed by the previous owner of this property, and though they're not the owners of this application, I believe that I have a financial personal interest in this transaction. As such, I've made a disclosure, and I will be abstaining from this application. Thank you. Madam Clerk: The vote is open. By vote of 10 in favor, zero against, noting that Mr. Alcaraz has abstained from voting on agenda item 13, agenda items number 1, 4,8,9,10,11,12,13,14,15,16,17,18,19,20 have been recommended for approval by consent. AYE 9 NAY 0 ABS 1 ABSENT 1 Alcaraz ABSTAIN Bradley AYE Clemons AYE Coston AYE Cuellar AYE Frankenfield AYE Horsley AYE Oliver AYE Redmond AYE Wall ABSENT Weiner AYE CONDITIONS 1. Except as modified by any condition below, or as necessary to meet City Development Ordinances and Standards, the Site shall be developed substantially in accordance with the submitted concept site layout entitled "Non-conformity exhibit of Lot 13, Block 106 Subdivision of Linkhorn Park," prepared by Align Surveying & Design, P.C. and dated 11/12/2021. 2. Except as modified by any condition below, or as necessary to meet City Development Ordinances and Standards, the Site shall be developed substantially in accordance with the submitted elevations entitled "404 34th St. &405 33.5 St. Duplex," prepared by Land Planning Solutions and dated 7/20/2022. 3. The maximum number of dwelling units on the subject Site shall not exceed four(4). 4. A Landscape Plan shall be submitted to the Development Services Center of the Department of Planning and Community Development for review and ultimate approval prior to issuance of a Certificate of Occupancy and shall be developed in substantial conformance with the landscape plan entitled "Concept Landscape Plan for Lot 13, Block 106", dated 7/26/2022, and prepared by Gaddy Engineering Services LLC, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 5. The height of the buildings shall not exceed 38 feet at the ridgeline as exhibited in the submitted elevations entitled "404 34th St. &405 33.5 St. Duplex," prepared by Land Planning Solutions and dated 7/20/2022. This is a deviation to the 35-foot height requirement, as required by the City Zoning Ordinance. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Oneal Investments. LLC. 411 48TH STREET PHONE 757-739-6932 VIRGINIA BEACH,VA. 23451 EMAIL: RUGGMEE@AOL.COM July 25, 2022 Elizabeth Nowak City of Virginia Beach 2875 Sabre Street, Suite 500 Virginia Beach, VA 23456 404 34th Street: Proposed Modification of Conditions to Change in Nonconforming Use Application Dear Elizabeth, My name is Jeff Meekins and I am the manager of Oneal Investments,LLC. Oneal Investments, LLC is the owner of an apartment building at 406 34th Street. This letter is to express my support of the project that Ocean Condominium Developers has proposed at 404 34th Street. Ocean Condominium Developers has shown me their plans for this property and I feel that this project will not only be in keeping with the Sea Pines neighborhood, but it will also be an great enhancement. It is my hope that this application and development will be successful. Respectfully, Jeff Meekins Manager Oneal Investments, LLC Ken Hunt 3300 and 3304 Arctic Avenue Virginia Beach, 23451 April 28, 2022 Planning Staff City of Virginia Beach 2875 Sabre Street Suite 500 Virginia Beach, VA 23456 404 34th Street: Proposed Modification of Conditions to Change in Nonconforming Use Application Dear Planning Staff, My name is Ken Hunt and I am the owner of 3300 and 3304 Arctic Avenue. This letter is to express my support of the project that Ocean Condominium Developers has slated at 404 34th Street. I feel that this project will not only be in keeping with the Sea Pines neighborhood, but it will also be an enhancement. It is my hope that this application and development will be thoroughly successful. Respectfully, Ken Hunt ROBERT J. FATOVIC' AIA 404 331/2 Street Virginia Beach VA 23451 SPORTS PLANNING CONSULTANT +1.703.582.8095 rfatovic@aol.com 25 July 2022 To: Planning Commission City of Virginia Beach 2875 Sabre Street Suite 500 Virginia Beach, VA 23452 Re: 404 34th St. ; Ocean Condominium Developers, LLC GPIN 2418923981 Dear Members: I reside diagonally across the street (alley) from the proposed development on this lot. I have recently offered my comments to the BZA for the adjacent lots to the east to be developed by Mr. Bishard.(see attached). As you will note my number one concern for the development of the three lots together is too maintain the mature trees and restoration of the canopy and landscaping. This also goes for the City's ROW, where many of the tress are and should be protected. As for the 2013 previously approved plan, it looks like an outdated brick apartment building similar to the adjacent apartment building to the west. That is the last thing this up-and-coming block needs. While I like diversity in architectural styles in our Sea Pines neighborhood, I feel this type of big brick block structure would not lend itself to the current vernacular of more independent individual housing units. While I like the fact that the side yard setbacks are 10 ' instead of the proposed 5', they are taken up by driveways and awkward garage and car parking spaces. I have communicated the following comments to Mr. Bishard: 1. Find an alternate location for the heat pumps as they are adjacent to the only outdoor living space. 2. Relocate the front doors from the side to the front. Front doors facing the street I believe is important to a lively street frontage. 3. Consider this development along with the other 2 lots to the east as one cohesive development. I live in a Bishard house across the street. My wife and I bought our house almost 3 years ago having moved to VB from Falls Church and are quite pleased. I am confident he will produce a quality residential product for this lot and the adjacent properties to the east. Therefore, I am in favor of his application to modify the previously approved plan. If you have any questions or comments, please feel free to contact me. Thank you for your consideration. Sincerely. • /51k4OrOP*s& ROBERT J. FATOVIC' AIA SPORTS PLANNING CONSULTANT ROBERT J. FATOVIC' AIA 404 33'/2 Street Virginia Beach VA 23451 +1.703.582.8095 rfatovic@aol.com 22 February 2022 To: Virginia Beach Board of Zoning and Appeals City of Virginia Beach 2875 Sabre Street Suite 500 Virginia Beach, VA 23452 Re: Case 2021-BZA-00099; Ocean Condominium Developers, LLC GPIN 2418-92-4847 Dear Members: I reside directly across the street (alley) from the proposed development on this lot. I am aware this could be considered a first phase of development on both sides of this lot.The lot to the east, 3310 Arctic currently has a grand old beach front style house which adds to the character of the Sea Pines neighborhood. That property has been vacant now for over a year. The property to the west, has been a vacant lot since we moved in 3 years ago and is used as a parking lot for the neighborhood. What I like about the current situation is that there is an overgrown privet hedgerow directly across my house. In fact, I have maintained and trimmed this to keep it looking neat. What I also like about both lots are the large mature tress that are on the site. It not only adds to the character but the environment quality. It is worth noting that many of the large trees are in the City ROW, and I would expect that you would respect and maintain the character of these tress and the site in your consideration of this development. Meaning they should not be cut down for a sidewalk that only goes for one block. Or clear cut , like on the site across on Arctic, where trees have be cut down and the lot remains vacant for almost a year. With that as a background, I have spoken to Mr. Bishard about my thoughts, and I am confident he will take these points into consideration when he develops both properties. We live in a Bishard house and respect the quality he will deliver to enhance the neighborhood, especially the landscape, as he and the City should do its best to maintain the valuable tress on the property. If not possible, replacement tress with quality calipers should be part of the planning. Our property across the street has a 7-foot side and rear yard, and we have made a quite enjoyable patio on both sides. The proposed variance to 8.2 feet is more than I currently enjoy. I am in favor of the proposed variance, which will assist in developing the property, as I am afraid, that if you can not find a way to assist in the enhancement of these three lots, they will continue to be vacant and deteriorate over time. Thank you for your consideration. Sincerely, 130,,,,.... . ROBERT J. FATOVIC' AIA ROBERT J. FATOVIC' AIA 404 33'/2 Street Virginia Beach VA 23451 +1.703.582.8095 rfatovic@aol.com 21 March 2022 To: Virginia Beach Board of Zoning and Appeals City of Virginia Beach 2875 Sabre Street Suite 500 Virginia Beach, VA 23452 Re: Case 2021-BZA-00098; Ocean Condominium Developers, LLC GPIN 2418-92-4975 Dear Members: Please refer to my letter of 22, February regarding my feelings on the proposed variance of the lot adjacent. My comments also relate to this proposed variance, but even more so as it relates to the City ROW. Many of the mature trees are in the City ROW. I would expect the City will work doubly harder to maintain this mature tree stand. I would rather have these trees than a sidewalk and paved ROW. In addition, I would expect that there is a bit more thought in issuing a demolition permit, to ensure that there should be no demolition and clearing unless the owner will move directly into construction. This is unlike the situation across the street at 34th and Arctic. The owner clear cutted the site, with a few magnificent trees, demolished 2 structures, and has left it vacant for close to a year. The erosion control fencing is all torn up and now the gas company is using it as a staging area for their construction. This has been an unsightly mess. I know that you will respond by saying that you have no control over what a private citizen can do on his property. But that was not the case where the City controlled our ability to operate a short-term rental on our property. Thank you for your consideration. Sincerely, 6„)„,....... . ROBERT J. FATOVIC' AIA From: Robert Fatovic To: Elizabeth D.Nowak Cc: Frank L.Fentress;"Billy Almond" Subject: RE:404 34th ST. Date: Monday,August 8,2022 9:49:37 AM Attachments: jmage003,ong 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. Elizabeth: I have an additional comment regarding all three lots on 34th street. It concerns the City's ROW and the mature trees that are on the ROW. Every effort should be made to maintain these trees, as they are a staple to not only the Sea Pines neighborhood but the Oceanfront as a whole. It would be nice to see a combined landscape plan in detail showing the exiting trees, and the proposed landscape plan for all there lots taken together. Thanks ROBERT J. FATOVIC' AIA SPORTS PLANNING CONSULTANT 404 33 1/2 Street Virginia Beach,VA 23451 703.582.8095 From: Planning Administration <PlanAdmn@vbgov.com> Sent: Monday,July 25, 2022 4:47 PM To: rfatovic@aol.com; Planning Administration <PlanAdmn@vbgov.com> Subject: RE: 404 34th ST. Thank you for your email.Your email has been forwarded to the planner assigned to this project, Elizabeth Nowak. She can be reached at enowakPvbgov.com or 757-385-3066, if you have additional questions or concerns. Have a great one, City of Virginia Beach Planning & Community Development Planning Administration Division 2875 Sabre Street, Suite 500 Virginia Beach, VA 23452 (757) 385-4621 (Office) �lanadmn@vbgov.com VBPlanning & Community D C , C I p 111 t' tl 1 ' , \7 I, r�0`R � O;R __ OR r o � �013. c23,0ount*\;\ -- - -� QRI0 SI ' , ,c*5,0 2 a OR - reet ' 01101 IOR �, Q =a$t St ,v ___------- - \. 1 - i ----__=----,- r-, \O VI ', OS • S \ ___ _ --a stteet--1: S A p 1s ORS !d " olgr 0 - , li ------ 11 1 Qin lc\-DIO',', ORn \.-6C3 / s -- ___ OR \ \---- 11 tc\Ce, '-ioi •4 *11` '' Ri -6-0:_____----_-:- 1-2 -Street igtViStr •-- 0 et_ - a \ , ;� n � � - - .thzs 0 '.., OR _ o OR , %S O sr OR OR 1 _ , elk -o illiU , .11111.0, ,, re_ O, • • : tet $ OR \" OR OR _ \ _ _eet ud 1çstceet: _ D $tr n o_-�_" i/tb n� ORm o �� _ ff ORS , ii, Oi iORJR\ OR_ , la __ r A Site Atlantic Park, Inc. & Virginia Beach Development Authority N Block bordered by Arctic & Baltic Avenues and W�,Abk.—�`�� E Property Polygons Zoning 19th & 20th Street & double block bordered by s Building Pacific , .. .._.rctic _-venues _ 18th _ , - �e- —Feet CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: ATLANTIC PARK, INC & VIRGINIA BEACH DEVELOPMENT AUTHORITY [Applicants] VIRGINIA BEACH DEVELOPMENT AUTHORITY [Property Owner] Modification of Conditions to Alternative Compliance for the property located at the Block bordered by Arctic & Baltic Avenues and 19th & 20th Streets & double block bordered by Pacific & Arctic Avenues & 18th & 20th Streets (GPIN 2427079524, 2427074883, 2427073669,2427170853, 2427073711, 2427075737, 2427073536, 2427074802, 2427073767, 2427073660, 2427074517, 2427076808, 2427076990, 2427073705, 2427074757, 2427077707, 2427072890, 2427170516, 2427172611). COUNCIL DISTRICT 6, formerly Beach MEETING DATE: September 20, 2022 ■ Background: On August 20, 2021, City Council granted approval for Special Exception for Alternative Compliance for the Atlantic Park Development. The proposal consists of two mixed-use buildings with residential, commercial, structured parking, an indoor/outdoor entertainment venue, and an outdoor "Surf Park." The applicant sought Alternative Compliance for various uses and structures that either did not meet the prescribed form of the Oceanfront Resort Form-Based Code or required a Conditional Use Permit. The documents that were submitted as a part of the Alternative Compliance were conceptual plans that depicted the massing of the proposed structures and the various uses. Once the approval was granted and the design team started construction drawings, it was then determined that the height of the light poles surrounding the Surf Park needed for safety measures would exceed the allowed height of 30 feet expressed in Section 6.4.3 of the Form-Based Code. This request is to modify the conditions of the Alternative Compliance to allow four 70-foot light poles and one 60-foot light pole within the Surf Park facility. The light source will be LED, full cut-off fixtures, that will have no light trespass onto adjacent properties, according to the photometric plans provided. ATLANTIC PARK, INC & VIRGINIA BEACH DEVELOPMENT AUTHORITY Page 2 of 3 Side Poles (4) Center Pole (1) Fixture Type Pole-top Luminaire Pole-top Luminaire Pole Height 70 feet 60 feet Light Source (Lamp) LED LED Mounting Mounting Bracket Mounting Bracket Lighting Period of Activity • Considerations: The Oceanfront Resort District Form-Based Code (FBC) provides flexibility through the Alternative Compliance process to accommodate certain uses and design features that will be essential in creating the character and ambiance envisioned by the City. The proposed development requires certain departures from the provisions of the Form-Based Code to create a visually interesting environment with a unique sense of place. Though the design proposal is of the type envisioned as an end result by the FBC, there were elements of the overall design that did not meet the prescribed forms of the FBC regulations, such as building setbacks, maximum building heights, building types, and several of the proposed uses. Due to the various design elements and uses, the applicant requested Special Exception for Alternative Compliance and was granted approval by City Council on August 20, 2021. Once construction drawings were underway, it was realized that the height of the light poles needed for safety measures to illuminate the Surf Park were taller than that which would be allowed under the provisions of the Oceanfront Resort District Form-Based Code. Thus, requiring a request for modifications of conditions to the approved Alternative Compliance. The applicant has stated that the lights are needed to be at a certain height and angled directly downward due to the way the light refracts off the water, eliminating any glare along the water's surface, allowing the lifeguards and staff to see participants of the Surf Park when under the water's surface. Further details pertaining to the application, as well as Staffs evaluation, are provided in the attached Staff Report. There is no known opposition to this request. ■ Recommendation: On September 14, 2022, the Planning Commission passed a motion to recommend this item on the Consent Agenda, passing a motion by a recorded vote of 10-0, to recommend approval of this request, subject to the following conditions: 1. Signs shall be subject to the limitations and descriptions described in the narrative entitled, "Sign Concepts_2," dated June 20, 2022. Said narrative has been exhibited to the City Council and is on file in the Department of Planning. 2. The final design of the signs shall be submitted to the Planning Director for review and approval prior to submission of plans for sign permits. 3. No audio speakers are permitted with the freestanding signs. Audio speakers on or connected to the wall-mounted sign shall be subject to time and decibel ATLANTIC PARK, INC & VIRGINIA BEACH DEVELOPMENT AUTHORITY Page 3 of 3 restrictions to be determined by the Planning Director during review of the plans submitted as required by Condition 2. In no event shall sound from any such speakers exceed the sound levels allowed by the City's noise ordinances (Article 2 of Chapter 23, City Code Sections 23-63 et seq.), or any successor ordinance. 4. Signs shall be equipped with a working dimmer control capable of automatically reducing the illumination of the required daytime (sunrise to sunset) and nighttime (sunset to sunrise) levels. 5. Other than video streaming, signs shall not flash or display graphics or images in fewer than eight second intervals. 6. A sign package for any additional signs, including directional and wayfinding signs, shall be submitted to the Planning Director for review and approval to ensure all signs have a consistent design and are well coordinated with traffic circulation and landscape plans. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department ,,.,edapt ri;ar k9City Manager: 'NB Applicants Atlantic Park, Inc & Virginia Beach Development Agenda Item Authority Property Owner Virginia Beach Development Authority Planning Commission Public Hearing September 14, 2022 17 Virginia Beach City Council District District 6,formerly Beach Request Modification of Conditions (Request to modify the conditions of the Alternative Compliance to allow an increased height in light % 11 wee' teepoles) 2z`" ms` V. ILmatioloo,so*Oliga Staff Recommendation �" 1,1 043007 1, Approval do Staff Planner ++ Brandon Hackney i ' " ____364-----tj Location '` 9' ut e�od Block bordered by Arctic& Baltic Avenues and Vag , eea��'a° .� 19th & 20th Streets & double block bordered by -\ _V- '63 ' \ 3` 2 G Pacific&Arctic Avenues & 18th & 20th Streets - 15thst�eet; 4„Q �; GPIN y 2427079524, 2427074883, „th street ' J 4, ++th 6eet 2427073669,2427170853, 2427073711, '2`,`West P''`''',eet 2427075737, 2427073536, 2427074802, 2427073767, 2427073660, 2427074517, 2427076808, 2427076990, 2427073705, 2427074757, 2427077707, 2427072890, a 2427170516, 2427172611 Site Size �►-'`� ��� `��� �. I� _ - �. ir -��{4 • t +/- 11 acres _ - . AICUZ . . ...s 65-70 dB DNL; Sub-Area 1 '..._ , . -..-,v�y ' ..,, .. ', ,.�ats r4.� ,, `e�� _ ,: r,` Watershed a T Y ' • . x Chesapeake Bay and Atlantic Ocean .... . .a 4 -t, "'19_tn^�Q4' t Existing Land Use and Zoning District •-;, � - k •. I -- ' ,�. Municipal parkinglots;vacant land temporarily 1 t c �' ^; t used for construction layout /OR Oceanfront ! "`'� =.,. .', a „-� r t �- r ��:-�;� . Resort * ;,-+,1s r '` et.= ' !' t .1 • : 0 to [ -, r -" L a Surrounding Land Uses and Zoning Districts -" ,� Qa`"$RU r Y North/South/East/West 4 4.,-..„---1, n;• ,3 ' •27 ... x 0 aR!!,, _ ♦j`, • j .- Residential dwellings; commercial uses; church; commercial parking lots /OR Oceanfront Resort Atlantic Park, Inc&Virginia Beach Development Authority Agenda Item 17 Page 1 Background & Summary of Proposal • On August 20, 2021, City Council granted approval of Special Exception for Alternative Compliance for the Atlantic Park Development.The proposal consists of two mixed-use buildings with residential, commercial, structured parking, an indoor/outdoor entertainment venue, and an outdoor"Surf Park." The applicant sought Alternative Compliance for various uses and structures that either did not meet the prescribed form of the Oceanfront Resort Form-Based Code or required a Conditional Use Permit. • The documents that were submitted as a part of the Alternative Compliance were conceptual plans that depicted the massing of the proposed structures and the various uses. Once the approval was granted and the design team started construction drawings, it was then determined that the height of the light poles surrounding the Surf Park needed for safety measures would exceed the allowed height of 30 feet expressed in Section 6.4.3 of the Form- Based Code. • This request is to modify the conditions of the Alternative Compliance to allow four 70-foot light poles and one 60- foot light pole within the Surf Park facility. • The light source will be LED,full cut-off fixtures,that will have no light trespass onto adjacent properties, according to the photometric plans provided. Side Poles(4) Center Pole(1) Fixture Type Pole-top Luminaire Pole-top Luminaire __ Pole Height 70 feet 60 feet Light Source(Lamp) LED LED Mounting Mounting Bracket Mounting Bracket ,s1�----11_0--- R Zoning History ►:;.•�� � # Request +*t',�.feifMr , `+ 1'_ ! 1 STC(portion of 19th Street, 20th Street,Arctic Avenue, `' = �"'` __ ,,' alleys)Approved 12 01 2020 �—_ iif%�,f.4I� i 1,44 1t 2 CUP(Church Addition)Approved 05 12 1998 .,r+�el► �i+�'�'�' .., ��-- 1 CUPEx Expansion)Approved 12 2010 A / � (Churchp ) pP / / WOW '•� /► . 3 CUP Short Term Rental)Approved 06/10/2020 �:4`�1.� *•_� -% ' f*II'' 4 CUP(Commercial Parking Lot)Approved 04/09/2002 �r �—:^� T'�►'� - , �� —� 5 SVR&ALT(AlleyFrontage)Approved 10 08 2013 .t� tT i topll'1 " �1 I•R .. 6 CUP(3 Short Term Rentals)Approved 07/15/2020 _ ilk iric 7 CUP(4 Short Term Rentals)Approved { c' — � � 11111, t th\ , ...ilk, 8 CUP(Commercial Parking Lot)Approved 12/09/1985 ra04 t;• ` o - C 9 CUP(Commercial Parking Lot)Approved 08 23 2011 Application Types CUP—Conditional Use Permit MDC—Modification of Conditions STC—Street Closure SVR—Subdivision Variance REZ—Rezoning MDP—Modification of Proffers FVR—Floodplain Variance LUP—Land Use Plan CRZ—Conditional Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental Atlantic Park, Inc&Virginia Beach Development Authority Agenda Item 17 Page 2 Evaluation & Recommendation The Oceanfront Resort District Form-Based Code (FBC) provides flexibility through the Alternative Compliance process to accommodate certain uses and design features that will be essential in creating the character and ambiance envisioned by the City.The proposed development requires certain departures from the provisions of the Form-Based Code to create a visually interesting environment with a unique sense of place. Though the design proposal is of the type envisioned as an end result by the FBC,there were elements of the overall design that did not meet the prescribed forms of the FBC regulations, such as building setbacks, maximum building heights, building types, and several of the proposed uses. Due to the various design elements and uses,the applicant requested Special Exception for Alternative Compliance and was granted approval by City Council on August 20, 2021. Once construction drawings were underway, it was realized that the height of the light poles needed for safety measures to illuminate the Surf Park were taller than that which would be allowed under the provisions of the Oceanfront Resort District Form-Based Code. Thus, requiring a request for modifications of conditions to the approved Alternative Compliance.The applicant has stated that the lights are needed to be at a certain height and angled directly downward due to the way the light refracts off the water, eliminating any glare along the water's surface, allowing the lifeguards and staff to see participants of the Surf Park when under the water's surface. Based on staff's conclusion that City Council has approved the uses and structures that are being proposed and the modification of conditions is being pursued to accommodate a design element that was not in the scope of the conceptual design initially presented to City Council, staff recommends approval of this request. Recommended Condition 1. The light poles surrounding the Surf Park shall be in substantial conformance with the submitted plans, entitled "Atlantic Park VA Beach Wavegarden" dated August 1, 2022, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Previous Conditions All previous conditions attached to the Alternative Compliance approval of August 20, 2021 shall remain in effect, as listed below. 1. The project will be developed in substantial conformance to the exhibit package entitled "Atlantic Park—Conceptual Massing" by Gensler and Venture Realty Group dated June 16, 2021,which has been exhibited to the City Council and is on file with the Planning Department. Atlantic Park, Inc&Virginia Beach Development Authority Agenda Item 17 Page 3 2. Roadway improvements as identified in the Atlantic Park Traffic Impact Analysis, once finalized,that are not to be constructed by the City shall be constructed by the applicant and incorporated into the applicant's construction sequencing plan for the overall project. 3. The applicant shall submit a Sight Distance Analysis to be reviewed by the Traffic Engineer for the Department of Public Works prior to the final approval of the site plan. 4. The applicant shall work with the Resort Management Office to develop a traffic management plan to be implemented during events at the entertainment venue, including but not limited to events involving the closure of Arctic Avenue. 5. All streetscapes bordering and within the development project shall include sidewalks, street trees, and pedestrian lights. Dimensional details will be determined during site plan review. 6. No outdoor amplified music is permitted between 11:00 p.m. and 10:00 a.m. Comprehensive Plan Recommendations The subject property is within the Resort Strategic Growth Area (SGA), one of eight SGAs designated by the Comprehensive Plan. The original Resort Area Strategic Action Plan (RASAP), adopted in 2008, identified eight top priorities, most of which have been completed. One of the outstanding items, "Develop Dome Site as major entertainment venue," has continued support in the recently updated plan, RASAP 2030. Adopted by City Council on June 2, 2020, RASAP 2030 establishes new goals for the Resort SGA in the next decade while continuing support for the outstanding priorities. The restated vision established in RASAP 2030 is to "identify and implement public amenities and infrastructure improvements and update codes,guidelines, and city review processes to encourage private development, enabling the Virginia Beach Resort Area to become a diverse, world-class,year-round coastal community for residents and visitors" (p. 10). Continuing the theme from the previous plan,further distinguishing multiple sub-districts with their own unique character will be key to creating a diverse resort area with something for everyone to enjoy year-round. The subject site is in the Central Beach District, home to the Virginia Beach Convention Center and Sports Center,the growing ViBe Creative District, and the Virginia Museum of Contemporary Art (MOCA). 19th Street, which is planned to be a major multi-modal corridor, connects the subject site to these established entertainment and recreational destinations (p. 11). Since"The Dome"was razed in 1994,the City has identified this site as a prime location for a major entertainment or recreational venue. RASAP 2030 lists the Dome Site as one of a handful of impactful projects that will benefit the Resort Area and the City of Virginia Beach (p. 52), and the applicants' concept plan in particular is described on p. 47. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s) were placed on the property on August 15, 2022. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, August 28, 2022 and September 4, 2022. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on August 29, 2022. Atlantic Park, Inc&Virginia Beach Development Authority Agenda Item 17 Page 4 • This Staff report, as well as all reports for this Planning Commission's meeting,was posted on the Commission's webpage of www.vbgov.com/pc on September 8, 2022. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, September 4, 2022 and September 11, 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 September 5, 2022 • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/govern ment/depa rtments/city-clerk/city-cou ncil/Docu ments/BookmarkedAgenda.pdf on September 16, 2022. Atlantic Park, Inc&Virginia Beach Development Authority Agenda Item 17 Page 5 Proposed Sight Lighting - 2 1 1 ; is:," P. 5" S w 3 r it n :. a. `a iv E 2 ,; o ar E 3 LL ;b SS I. - I . I aII Oil 1-- i• _• 1 a I = t qE s Cb lii L`': I E ii li Eei 0 11' x, 1 t kats:krtsrtW Z 1 t t t r d , ' j n a = R E' jt u nl. I I Q i .°J'u° u C Atlantic Park, Inc&Virginia Beach Development Authority Agenda Item 17 Page 6 Proposed Sight Lighting I II i €_ C' 0. Et a A a kfr N Fi 1; gI 11smz jh9 z iYa tpF �c x €f #; ai !II • �_•-_ F- Q e..Y F.[o� ”.c^ t ,.ii a9a lit •4-ll Y C Q Z 61 Z In i'44 g Y ; t _rr C S Y T / s 1,- s -,C _1 t M 4j£ II /-NN\Nss.NNNN, Y e f//‘..- '...- .T\6:- ..'.":11'''r /7- No } ' Cr: : ., 1 1 '.. i : : : 2, 71Clir. 2 . 1 0. tfJ 4 . ) n . . . . , . . : : : ' es ' 'NI:- � , A 4 . e L � S x�` I ._� AVV' ,7 k - - :(17001.1A - a. ft t 2 t 2 a f k?' C © . . . � - = x ./ atop f N.\*>:•,.. _ I"/ O Pn-'-'e- -: / w • v. i?' • $ LL> W m �i: IC n n C cc II . W i F. Atlantic Park, Inc&Virginia Beach Development Authority Agenda Item 17 Page 7 Proposed Sight Lighting pp i cc 3 a d L 4 t • C fi li Pi QJ f • e. `E 1 c s Aa .r Y H 5 i•i w :l" x s TE ; Y �,. A €t P x E Eif �..7-: ag 4 i t 4 Z1. } 4 a is D as 4'' J li ate.= '; ! ` bi4 fg§g I 5 t J� ggi I7F • SI. tff _ . - t �. n 0-- A s O / O O e a o a o o - w/ j� , ..,4),.., ‘1"'SV yrWgi'iy _ , -- v / / / a m i u a £ > Y S II ; O is T 4 I Atlantic Park, Inc&Virginia Beach Development Authority Agenda Item 17 Page 8 Proposed Sight Lighting r. L .. y a o f [( E ai ti :t c,Z Q a ' Z V 9i =e ;: Y A v. 0 ] L 3 +, t of a /„ , , , ''. '1./Ofr.-:';::., , `- • • • •i • . ; a i S , : : ://.. Jill. • a. • . .• ,.. • ; ,‘,_ . ,..1.,,,.., •• ; 4 • L a .0 • • , • . • i a . • a i S A. i"l♦ • • • ♦1r� • , • • i S • i . •Z• • . . / �A. • ♦ • • " f . . P. 0 —R i d Z g 3 8 o 3 4 I. t g W p H t O �i I Atlantic Park, Inc&Virginia Beach Development Authority Agenda Item 17 Page 9 Proposed Sight Lighting - a:_I-_ D i. 3 0 r` _ fit ptL" afs W y r .e: W E Q,.,.. . Ca - E ;f G 2 iV c y i; 20 i Est t i t t t i C E 4g if If 7n /°I. II,' ' . „.„----'•••-•-•"-7---•--„,,„rtz at,::-:....-- ''' lik: ( -' ,,,,,,,NN .0, Jr,ziF / /..' , . $ `} N1y O i W 2 t7 Z Atlantic Park, Inc&Virginia Beach Development Authority Agenda Item 17 Page 10 Proposed Sight Lighting III; '11 Iii tk Eliii Fceeror Remnmce mssemdy • • • •r J • • • -Ga!Wrare0 steel oole- It TLC-RGft U , •, e55,AGL 4. - Aw.demh rtwunenq emcee -Beckna0 carmen., r�ncaeue 0 Orel L —Precast concrete case-- 9 f E E POLE(S):Pt,PS Musco 70FT Lght-Structure System"pole TLC for LED."A:menswes TLC LED-600(2) TLCLED-900(1) N 1St: r FI DATE 9r-A-L' or rsor S .a•• s m o;; — ,^ [drew.,ornct Atlantic Pork VA Beach Wovegorder a 7 °'°' Virginia Beach,VA y eoo ee Avows■u• •.: o N i Ov Y O ,..1) N I •. + J ve-000-{711 + Pale Configuration Drawing r y— N r-s.,-as-ate 9 9 Atlantic Park, Inc&Virginia Beach Development Authority Agenda Item 17 Page 11 Proposed Sight Lighting iii; (11 E lI 1- T---4 m • • -GY.rasea sten pole- 11 TLC-RGBW 155FT AG. - •� ht..,mar/nq bracket -Bed cO pone'S enclosure let A 1 1 1 1 Ground lees taa0�"/ -Precast cantrete base- 0 POLE(S): P2.P4 Muscn 70FT Light-Structure System''.pole TLC for LED"'luminaires TLC-LED-6O0(1) TLC-LED-900(4) ..N f gr f. CATE. en Pt? RFNSrOMS --- - � e.li cae•oaa-t or•a: Afianfic Park VA Beach Wovegarden — to 1�M r Virginia Beach,VA O ,. G •..eNNO.N..]_:r l ti i.-eV 0-er-wTO Pole Configuration Drawing • Atlantic Park, Inc&Virginia Beach Development Authority Agenda Item 17 Page 12 Proposed Sight Lighting 111; c5191- Ptlettoi. assently • • • • r f • .� —Go waso tad pal. ,l,ncRGew.0 L 4•I 155Ft AGL 1! AuW1y n,WnWg MOO BadK.l components ano>e� _r >Da 0a. Ti OAa,e NMI IaBO a*p .y1� -Roast ewe**Imo- 110 W POLE(S)PS Musa)SOFT light-Structure System.pole TLC for LEDs'Summons TLC-LED-900(3) tgli DATE: BY Ri� RfY15,Or(5 a ms- *of ca.oa.,t onua Atlantic Paris VA Beach Wavegarden DOI w � 3 a - i�'e' »...• Virginia Beach,VA G ov w' ! $ '.". . ora.a.o,a.e 2 n t • ;_au..s,o.,,° Polo Configuration Drawing r Atlantic Park, Inc&Virginia Beach Development Authority Agenda Item 17 Page 13 Site Photos ..TMP. _7.-- --------- i i r� ry �, juuiijrc- Tits s. i�r'+f... C,..-..- .; . -4,.'' .: '. .--' ''' . : }. :., - 'JAI: - Ir - -.'647, Er"-s a ! �. egooloomi ....",.i 4 tr , v a c .- I. s 1 �, a�r� - aw s �.. r c �. •_.,R sue. —. A ,y ►! t --- Atlantic Park, Inc&Virginia Beach Development Authority Agenda Item 17 Page 14 Disclosure Statement Disclosure Statement 'NB City or Vvyaio amcfi Planning&Community w. my-. 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 Artannc Rarv. lnc Does the applicant have a representative? I Yes 0 No • If yes,list the name of the representative. M\chact Cvi12c, ptr Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? Yes ❑ No • If yes,list the names of ail officers,directors,members,trustees,etc.below. (Attach a list if necessary) Ptcacc (cc Attach-cd • If yes,list the businesses that have a parent-subsidiary-2 or affiliated business entity2 relationship with the applicant. (Attach a list if necessary) Pleacc ccc aHacr,td- "Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. 2"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.2020 1 Page Atlantic Park, Inc&Virginia Beach Development Authority Agenda Item 17 Page 15 Disclosure Statement Atlantic Park,Inc. Venture Reaity Group Venture Reaity Group 1,LLC Venture Waves,LLC Donna MacMillan-Whitaker John L.Gibson,III Bruce A.Berlin Doug Ellis Elizabeth Matulenas Matthew L.Lafler Steven D.Green Dome Associates,LLC John R.Lawson H2O Investments,LLC Joe LaMontagne The Costen Companies Tim Costen Pharrell Williams Rhema Waves,LLC Steven W.Bishard John K.Bishard Robert A.Deacon Atlantic Park, Inc&Virginia Beach Development Authority Agenda Item 17 Page 16 Disclosure Statement • Disclosure Statement 11V13 cart'of vc o Bode 11001 - Planning%time nt 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? Citti,of_VI }mo. Bfl•cn Devtlo1=rntnr Au- on (Auncr 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? 04 Yes ❑No • If yes,identify the financial institutions providing the service. .)W.Ccs im% Marro-s tat 6roiccr) 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? I Yes ❑No • II yes,identify the company and individual providing the service. Venturi((alit' G~rou, 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?ti§Yes 0 No • If yes,identify the firm and individual providing the service. B Po 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. Coo tr CO-1", : I-t0,ri01,, Cre,tsitr t)..)P nley -horn 5. Is tnere any other pending or proposed purchaser of the subject property?0 Yes No • If yes,identify the purchaser and purchaser's service providers. Revised 11.09.2020 2 I P a g e Atlantic Park, Inc&Virginia Beach Development Authority Agenda Item 17 Page 17 Disclosure Statement Disclosure Statement City of Vu m*,Beath Planning&Community Development 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?I Yes ❑No • If yes,identify the company and individual providing the service. W M Jordon 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?Li Yes ❑No • If yes,identify the.firm and individual providing the service. wPi,� Hvrn_. 8. Is the applicant receiving legal services In connection with the subject of the app:ication or any business operating or to be operated on the property?1171 Yes 0 No • If yes,identify the firm and individual providing the service. -'Au lynch ! na It� 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. 411.4 wire a 9.410+4, eJ c.. IAA • Applicant Signature 11 t.*4 1,. A. 44..perMIL ritglOc ar Print Name and Title 4'10-�]- Date Is the applicant also the owner of the subject property? 0 Yes 0 No • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications 0 No changes as of Date 09.08.2022 Signature ' /J Print Name Hoa N.Dao Revised 11.09.2020 3 I P a g e Atlantic Park, Inc&Virginia Beach Development Authority Agenda Item 17 Page 18 Disclosure Statement -I Disclosure StatementNB Planning,00_,„. . &Community Development Owner Disclosure Owner Name City of Virginia Beach Development Authority("VBDA") Applicant Narne Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business?ili Yes ❑No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) The owner is a politica.subdivision of the Commonwealth of Virginia. Attached is a list of the Board of Commissioners of the VBDA ._ • If yes,list the businesses that have a parent-subsidiary3 or affiliated business entity'relationship with the Owner. (Attach a list if necessary) n/a Known Interest by Public Official or Employee Does an 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 relaticnsh:p,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ill 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 ousiness entities. Factors that shoulc 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;o- there is otherwise a close working relationship between the entities." See State and local Government Conflict of Interests Act,Va. Code§2.2-3101. Re'.,ised 11.09.2020 5 ( ;,a g e Atlantic Park, Inc&Virginia Beach Development Authority Agenda Item 17 Page 19 Disclosure Statement Disclosure Statement N/13 Planning&Community Development \\1/4_, Owner Services Disclosure 1. Does the Owner have any existing financing(mortgage,deeds of trust,cross-collateratization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to se 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 cur-ent and anticipated future sales of tie subject property? ❑Yes NE 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 A 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 1 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 A No • 'f yes,identify the purchaser and purchaser's service providers. b. Does the Owner have a construction contractor in connection with the subject of the application or any ousiness operating or to be operated on the property?❑Yes II 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?A Yes ❑No • If yes,identify the firm and individual providing the service. Kim'ey-Horn,Vanasse Hanger Brustlin,Inc.(VHB),and MBP(McDonough Bolyard Peck) Revised 11 09 2020 Wage Atlantic Park, Inc&Virginia Beach Development Authority Agenda Item 17 Page 20 Disclosure Statement Disclosure Statement cgry q►ypwe,yur Planning&Community Deveiepment 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?I Yes 0 No • If yes,identify the firm and individual providing legal the service. Singer Davis/Hunton Andrews Kurth Owner Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and acct.-ate. I understand that, upon receipt of notification that the application has been scheduled for public Fearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Owner Signature Alexander W.Stiles,Senior City Attorney Print Name and Title 6/24/22 Date Revised I1.09.2020 7 I P a g e Atlantic Park, Inc&Virginia Beach Development Authority Agenda Item 17 Page 21 Disclosure Statement CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY BOARD OF COMMISSIONERS David Bernd(Secretary) William P. Brown William Brunke(Treasurer) Nneka Chiazor W.Taylor Franklin(Assistant Secretary) Penny Morgan Lisa M. Murphy (Chair) Ronnie L. Parker Michael J. Standing Joseph E. Strange (Vice Chair) Guenter Weissenseel Atlantic Park, Inc&Virginia Beach Development Authority Agenda Item 17 Page 22 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Atlantic Park, Inc&Virginia Beach Development Authority Agenda Item 17 Page 23 I. 1,IP"7-7 D vii\ 41A ..w- ° ' • ' - -0.---- 011111 OR _Iim ai OR, OR . 0 1 •r‘_ , ,b0.13300, \ 1st o __ Z VS _ OR o \ \ 17 1 treat ORR I a -a�__ __ - 0\ _ 'I, , 1_,,c- \i' Its p •\I 1. __ 'Ch- 1 - ___ fil 1 0 0 gcrTIN �• o o O-R O. � ZO �•---. ' )‘_ OR i �' 01R ----- o \1:1 eat • c�, , o - tr � - o O R`3 hs , - < < ICGJOR , OR 0street"----lv-c-/- cvOR -th OR- 2 Q OR c� _ - : .eat = � _--QQdQ _ . , ,Str Ile 01119, ___ OR / � ��9th - a / _ ao Q Rt _ _t c); s , '0,� rl. - - tree ok Itill�b� loth QOROR OR _ � itittv-Stlet eo i - A90-1- ___V----� - � --e /Stseet ----ioijk o © OR , A,gth -OR Ilikt , ' 3 O R �,t OR O R Ill - OR ga ,- ,„, _r, - \iire--et- D ° OR----- -------- `- ___ OF\R - 1?th- \\ \\\ SiOR OR t) --J =_ 0 treet --_1$thStren _ - -- ORrO o OR \G i_�OR it\ II pA Site Atlantic Park, Inc. & Virginia Beach Development Authority T' Property Polygons Block bordered by Arctic & Baltic Avenues and .``01 Q 19th & 20th Street & double block bordered by S Zoning Building Pacific , _rctic ._:venues , 18th . 20th Streets •� ...Feet CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: ATLANTIC PARK, INC & VIRGINIA BEACH DEVELOPMENT AUTHORITY [Applicants] VIRGINIA BEACH DEVELOPMENT AUTHORITY [Property Owner] Major Entertainment Venue Sign for the property located at the Block bordered by Arctic& Baltic Avenues and 19th &20th Streets & double block bordered by Pacific & Arctic Avenues & 18th & 20th Streets (GPIN 2427079524, 2427074883, 2427073669,2427170853, 2427073711, 2427075737, 2427073536, 2427074802, 2427073767, 2427073660, 2427074517, 2427076808, 2427076990, 2427073705, 2427074757, 2427077707, 2427072890, 2427170516, 2427172611). COUNCIL DISTRICT 6, formerly Beach MEETING DATE: September 20, 2022 • Background: On August 20, 2021, City Council granted approval for Special Exception for Alternative Compliance for the Atlantic Park Development. The proposal consists of two mixed-use buildings with residential, commercial, structured parking, an indoor/outdoor entertainment venue, and an outdoor "Surf Park." The applicant sought Alternative Compliance for various uses and structures that either did not meet the prescribed form of the Oceanfront Resort Form-Based Code or required a Conditional Use Permit. This request is for the approval of two Major Entertainment Venue (MEV) signs which will be installed on the two mixed-use buildings proposed. Signage for major entertainment venues, other than signage allowed by the standard zoning regulations, is allowed only with the approval of City Council. The sign types and locations are as follows: 1. MEV Sign 2a — Building-mounted sign located along 20th Street in the Northwest block, facing east. 2. MEV Sign 2b — Building-mounted sign located along Pacific Avenue in the Northeast Block, facing south. ATLANTIC PARK, INC & VIRGINIA BEACH DEVELOPMENT AUTHORITY Page 2 of 4 MEV Sign 2a (20th MEV Sign 2b (Pacific Street) Avenue) Sign Type LED LED Setback N/A N/A Size 720 square feet 390 square feet Dimensions 20' x 36' 26' 9" x 15' 6" Height (from top of sign) 78 feet 51 feet Pixel Pitch 6mm 6mm Static or Animated? Both Both Dwell Time Varies1 (see below) Varies1 (see below) Max. Illumination Levels 250 Nits 250 Nits Min. Illumination Levels 125 Nits 250 Nits 1 The signs will showcase a combination of static and animated text and images, including information about upcoming events, concerts, as well as livestreaming of the Surf Park. ■ Considerations: Section 218(d) of the City Zoning Ordinance provides the `Review Standards' to be used by the City Council in its review of Major Entertainment Venue (MEV) signs, noting that the City Council "shall consider the following criteria in acting upon an application." • The extent to which the proposed signage is consistent with the intent of the Oceanfront Resort District sign regulations, as expressed in Sec. 8.1.1. Staff Comments: The proposed MEV signs are consistent with the ORD sign regulations, which essentially state that signage in this area should enhance the overall aesthetics of the district so as not to detract from the City's investment in beautifying this area (see referenced code section on pp. 9-10). The proposed MEV signs are consistent with these findings. The conditions recommended below ensure the signs will be designed and used in a way to promote events without being overly bright or distracting. • The extent to which the proposed signage is consistent with the recommendations of the Comprehensive Plan. Staff Comments: The Comprehensive Plan and the zoning regulations adopted to implement the Plan recognize that a large part of the vision for the Resort SGA is to attract visitors to the area. Signs for major entertainment venues, such as the proposed Surf Park and the Entertainment Venue, warrant a larger scale and function than typical business signs. For this reason, MEV signs have their own set of regulations and must be approved by City Council. • The extent to which the scale, color, materials, shape, illumination, and landscaping of the proposed signage, considered as a whole, is compatible with surrounding properties. Staff Comments: The MEV signs are appropriately scaled in relation to the proposed mixed-use buildings for the Atlantic Park ATLANTIC PARK, INC & VIRGINIA BEACH DEVELOPMENT AUTHORITY Page 3of4 Development. The signs are proposed to be building-mounted, oriented towards the oceanfront, thus having little impact on other surrounding properties. The sizes, design, and functionality are consistent with those approved by City Council for the Virginia Beach Sports Center. • The impact of the proposed signage on traffic safety, taking into consideration the degree to which view obstructions are created or improved, avoidance of confusion with or obstruction of traffic control signs and devices, and other safety-related factors. Staff Comments: Once further details are finalized on site design and building elevations, the exact location and placement of the signs will be reviewed carefully to ensure there are no view obstructions or confusion with other traffic control signs and devices. • The degree to which the proposed signage is integrated into a unified development concept, considering the building design, other signs, landscaping, traffic circulation, and other development features of the neighboring property, the frontage in which the venue is located and the District as a whole. Staff Comments: The MEV signs are strategically placed on the conceptual site plan to provide an appropriate level of visibility from the street without creating a nuisance for surrounding properties. The recommended conditions below ensure that the full sign package, including necessary directional and wayfinding signs, will be integrated in the overall development plan. Further details pertaining to the application, as well as Staffs evaluation, are provided in the attached Staff Report. There is no known opposition to this request. ■ Recommendation: On September 14, 2022, the Planning Commission passed a motion to recommend this item on the Consent Agenda, passing a motion by a recorded vote of 10-0, to recommend approval of this request, subject to the following conditions: 1. Signs shall be subject to the limitations and descriptions described in the narrative entitled, "Sign Concepts_2," dated June 20, 2022. Said narrative has been exhibited to the City Council and is on file in the Department of Planning. 2. The final design of the signs shall be submitted to the Planning Director for review and approval prior to submission of plans for sign permits. 3. No audio speakers are permitted with the freestanding signs. Audio speakers on or connected to the wall-mounted sign shall be subject to time and decibel restrictions to be determined by the Planning Director during review of the plans submitted as required by Condition 2. In no event shall sound from any such speakers exceed the sound levels allowed by the City's noise ordinances (Article 2 of Chapter 23, City Code Sections 23-63 et seq.), or any successor ordinance. ATLANTIC PARK, INC & VIRGINIA BEACH DEVELOPMENT AUTHORITY Page 4 of 4 4. Signs shall be equipped with a working dimmer control capable of automatically reducing the illumination of the required daytime (sunrise to sunset) and nighttime (sunset to sunrise) levels. 5. Other than video streaming, signs shall not flash or display graphics or images in fewer than eight second intervals. 6. A sign package for any additional signs, including directional and wayfinding signs, shall be submitted to the Planning Director for review and approval to ensure all signs have a consistent design and are well coordinated with traffic circulation and landscape plans. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department Of,�o t7 City Manager: /11-Np Applicants Atlantic Park, Inc & Virginia Beach DevelopmentIVIB Agenda Item Authority Property Owner Virginia Beach Development Authority Planning Commission Public Hearing September 14, 2022 16 Virginia Beach City Council District District 6,formerly Beach Request Major Entertainment Venue Sign (To allow signage for a Major Entertainment Venue in accordance with Section 8.4.4 of the ) N� Oceanfront Resort Form-Based Code) O/eorwp ,0 c o Zest,Stye .� 5,, wee Staff Recommendation y° e, VOW 2thHa,,st�ee, Approval . r ;:� Staff 11 Planner ,, Brandon Hackney �`'+� Location a� s Block bordered by Arctic& Baltic Avenues and l h�u,e I \,,,,A A60a rl 19th &20th Streets & double block bordered by Pacific&Arctic Avenues& 18th & 20th Streets t5`h1- ..M, w GPIN10 2427079524, 2427074883, ,Z,h weeI , � 2427073669,2427170853, 2427073711, - - 2427075737, 2427073536, 2427074802, 2427073767, 2427073660, 2427074517, 2427076808, 2427076990, 2427073705, 2427074757, 2427077707, 2427072890, - ._�*k=,''c ,• �: 4 2427170516, 2427172611 e _ Site Size - . ''''' S \ +/- 11 acres = - lf 'I \ 65-70 dB DNL; Sub-Area 1 '' z °;" f 2, 4.10 i,=r -�v1`'t`tee` 7 Watershed . z. t - • .'� T Chesapeake Bay and Atlantic Ocean • 1 t -�19tr' .- .. % ' k,. ..• . Existing Land Use and Zoning District zu` - „ � ,:a .y ,1%* • ty ` Municipal parking lots;vacant land temporarily . , 1- y used for construction layout /OR Oceanfront �'�; ':j y ,.,y, `eir, ms ' ,-. Resort "- F • t Surrounding Land Uses and Zoning Districts - ,, agea ! . �`" :�' tr- North/South/East/West "' "- ', Residential dwellings; commercial uses; church; commercial parking lots /OR Oceanfront Resort Atlantic Park, Inc&Virginia Beach Development Authority Agenda Item 16 Page 1 Background & Summary of Proposal • On August 20, 2021, City Council granted approval for Special Exception for Alternative Compliance for the Atlantic Park Development.The proposal consists of two mixed-use buildings with residential, commercial, structured parking, an indoor/outdoor entertainment venue, and an outdoor"Surf Park."The applicant sought Alternative Compliance for various uses and structures that either did not meet the prescribed form of the Oceanfront Resort Form-Based Code or required a Conditional Use Permit. • This request is for the approval of two Major Entertainment Venue (MEV) signs which will be installed on the two mixed-use buildings proposed. Signage for major entertainment venues, other than signage allowed by the standard zoning regulations, is allowed only with the approval of City Council. • The sign types and locations are as follows: 1. MEV Sign 2a—Building-mounted sign located along 20th Street in the Northwest block,facing east. 2. MEV Sign 2b—Building-mounted sign located along Pacific Avenue in the Northeast Block,facing south. MEV Sign 2a(20th Street) MEV Sign 2b(Pacific Avenue) Sign Type LED LED Setback N/A N/A Size 720 square feet 390 square feet Dimensions 20'x 36' 26'9"x 15'6" Height(from top of sign) 78 feet 51 feet Pixel Pitch 6mm 6mm Static or Animated? Both Both Dwell Time Varies'(see below) Varies'(see below) Max. Illumination Levels 250 Nits 250 Nits Min. Illumination Levels 125 Nits 250 Nits 'The signs will showcase a combination of static and animated text and images, including information about upcoming events, concerts, as well as livestreaming of the Surf Park. ,, Zoning History �-- ��;!!;��� ` * �rL� _r-- # Request t*�-�' i'. �' - tit- ?.0 r„ r`_ 1 STC(portion of 19th Street,20th Street,Arctic Avenue, • Y~i�su' WO •�_ i�% � alleys)Approved 12/01/2020 _ J 03 ♦ram t �• 2 CUP(Church Addition)Approved 05/12/1998 tte..3 ��0?;;- �' ,. �; CUP(Church Expansion)Approved 05 12 2010 * *Iwo �`�'f� , Ad ��r �• *\l 3 CUP(Short Term Rental)Approved 06 10 2020 R� "OW Pp / / Cj��;101 �• �!' 4 CUP(Commercial Parking Lot)Approved 04/09/2002 ..•' - ' 5 SVR&ALT(Alley Frontage)Approved 10/08/2013 IS*vas-, `tif•,6•= • 6 CUP(3 Short Term Rentals)Approved 07/15/2020 Vu= � Y_- --"f�" * 7 CUP(4 Short Term A roved Rentals)Approved „40 �:;-- ` 11.3 �a, 8 CUP(Commercial Parking Lot)Approved 12/09/1985 �'�..' o 111, _ 9 CUP(Commercial Parking Lot)Approved 08/23/2011 Atlantic Park, Inc&Virginia Beach Development Authority Agenda Item 16 Page 2 Application Types CUP—Conditional Use Permit MDC—Modification of Conditions STC—Street Closure SVR—Subdivision Variance REZ—Rezoning MDP—Modification of Proffers FVR—Floodplain Variance LUP—Land Use Plan CRZ—Conditional Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental Evaluation & Recommendation Section 218(d) of the City Zoning Ordinance provides the 'Review Standards'to be used by the City Council in its review of Major Entertainment Venue (MEV) signs, noting that the City Council "shall consider the following criteria in acting upon an application." • The extent to which the proposed signage is consistent with the intent of the Oceanfront Resort District sign regulations,as expressed in Sec. 8.1.1.Staff Comments:The proposed MEV signs are consistent with the ORD sign regulations, which essentially state that signage in this area should enhance the overall aesthetics of the district so as not to detract from the City's investment in beautifying this area (see referenced code section on pp. 9-10). The proposed MEV signs are consistent with these findings. The conditions recommended below ensure the signs will be designed and used in a way to promote events without being overly bright or distracting. • The extent to which the proposed signage is consistent with the recommendations of the Comprehensive Plan. Staff Comments:The Comprehensive Plan and the zoning regulations adopted to implement the Plan recognize that a large part of the vision for the Resort SGA is to attract visitors to the area. Signs for major entertainment venues, such as the proposed Surf Park and the Entertainment Venue,warrant a larger scale and function than typical business signs. For this reason, MEV signs have their own set of regulations and must be approved by City Council. • The extent to which the scale, color, materials,shape, illumination, and landscaping of the proposed signage, considered as a whole,is compatible with surrounding properties. Staff Comments:The MEV signs are appropriately scaled in relation to the proposed mixed-use buildings for the Atlantic Park Development. The signs are proposed to be building-mounted, oriented towards the oceanfront,thus having little impact on other surrounding properties.The sizes, design, and functionality are consistent with those approved by City Council for the Virginia Beach Sports Center. • The impact of the proposed signage on traffic safety,taking into consideration the degree to which view obstructions are created or improved,avoidance of confusion with or obstruction of traffic control signs and devices, and other safety-related factors.Staff Comments: Once further details are finalized on site design and building elevations,the exact location and placement of the signs will be reviewed carefully to ensure there are no view obstructions or confusion with other traffic control signs and devices. • The degree to which the proposed signage is integrated into a unified development concept,considering the building design,other signs, landscaping,traffic circulation, and other development features of the neighboring property,the frontage in which the venue is located and the District as a whole.Staff Comments:The MEV signs are strategically placed on the conceptual site plan to provide an appropriate level of visibility from the street without creating a nuisance for surrounding properties.The recommended conditions below ensure that the full sign package, including necessary directional and wayfinding signs, will be integrated in the overall development plan. Based on the staff's conclusion that the proposed MEV signs satisfy the standards above to the greatest extent possible, staff recommends approval of this request. Atlantic Park, Inc&Virginia Beach Development Authority Agenda Item 16 Page 3 Recommended Conditions 1. Signs shall be subject to the limitations and descriptions described in the narrative entitled, "Sign Concepts_2," dated June 20, 2022. Said narrative has been exhibited to the City Council and is on file in the Department of Planning. 2. The final design of the signs shall be submitted to the Planning Director for review and approval prior to submission of plans for sign permits. 3. No audio speakers are permitted with the signs. 4. Signs shall be equipped with a working dimmer control capable of automatically reducing the illumination of the required daytime (sunrise to sunset) and nighttime (sunset to sunrise) levels. 5. Other than video streaming, signs shall not flash or display graphics or images in fewer than eight second intervals. 6. A sign package for any additional signs, including directional and wayfinding signs, shall be submitted to the Planning Director for review and approval to ensure all signs have a consistent design and are well coordinated with traffic circulation and landscape plans. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations The subject property is within the Resort Strategic Growth Area (SGA), one of eight SGAs designated by the Comprehensive Plan. The original Resort Area Strategic Action Plan (RASAP), adopted in 2008, identified eight top priorities, most of which have been completed. One of the outstanding items, "Develop Dome Site as major entertainment venue," has continued support in the recently updated plan, RASAP 2030. Adopted by City Council on June 2, 2020, RASAP 2030 establishes new goals for the Resort SGA in the next decade while continuing support for the outstanding priorities. The restated vision established in RASAP 2030 is to"identify and implement public amenities and infrastructure improvements and update codes,guidelines, and city review processes to encourage private development, enabling the Virginia Beach Resort Area to become a diverse, world-class, year-round coastal community for residents and visitors" (p. 10). Continuing the theme from the previous plan,further distinguishing multiple sub-districts with their own unique character will be key to creating a diverse resort area with something for everyone to enjoy year-round. The subject site is in the Central Beach District, home to the Virginia Beach Convention Center and Sports Center,the growing ViBe Creative District, and the Virginia Museum of Contemporary Art (MOCA). 19th Street, which is planned to be a major multi-modal corridor, connects the subject site to these established entertainment and recreational destinations (p. 11). Since "The Dome"was razed in 1994,the City has identified this site as a prime location for a major entertainment or recreational venue. RASAP 2030 lists the Dome Site as one of a handful of impactful projects that will Atlantic Park, Inc&Virginia Beach Development Authority Agenda Item 16 Page 4 benefit the Resort Area and the City of Virginia Beach (p. 52), and the applicants' concept plan in particular is described on p. 47. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on August 15, 2022. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, August 28, 2022 and September 4, 2022. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on August 29, 2022. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of www.vbgov.com/pc on September 8, 2022. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, September 4, 2022 and September 11, 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 September 5, 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 September 16, 2022. Atlantic Park, Inc&Virginia Beach Development Authority Agenda Item 16 Page 5 Proposed Site Layout PACIFIC AVENUE )"_, __..___44- i*i-i 1 oeun W SIGN 1 _ W 1 w u < J z e e e J b = a e Si W ego H e N e 6,� e l" I s fj A "� rat1 ‘,i T Q Na _U H u. Z S S I— Q t = 0 cc a 0 SIGN 2 Y :�aF 3Z 3 I w ° u :° Z c 3 6 CC e _ z a e J 0 0 n a a. .•.NLY t' J z 2 cc w 0 z 0 0 0 Atlantic Park, Inc&Virginia Beach Development Authority Agenda Item 16 Page 6 Proposed Signage — 2a N 8 ' 1 0 r�j rr- 1 F ° N b ./b NI o y ! it - c . i U S.17111.1111111111.111 -'.4 A /p 4 ,,7 'ii-141 .el:'1 ik i / I rr ir 11I MI 4 ° U LIJ o o // iVir I CIZ . -4 Pi El 1 '; .'' 1 i I, 1 1` Ili' i iltie: : 1 I, ........ M11114 .1 \ i ' 1 Illa Cr +_ V _i Z 1 It III la iti, , ..._ .. . ..,.... j I . l i. 1 _.u w 0 I E yl E + ID z a a Q �°o w x x 0 _.q 0 io0 co M`n 0 0 >- Atlantic Park, Inc&Virginia Beach Development Authority Agenda Item 16 Page 7 Proposed Signage — 2b )D______ ....„.1 Ln 1 s ry. �� N r ill 2 i u = ,lailt •- lit ' 1 Q i 01 II Z • ■f1 ;1 ■ ■! 1 p ��,+I 1„ , 1 / I I i I ( , i s o l ! ; a'tl 1 l Ir T- _ iH 1 ,' ( 1 .,2 L W \ 4 \\ 11 ' -1 _ _ 1 .�F.3 .b IL Y CC 15-6' A • I N o- . - Z BIM ' - 4 _ z_ H a) Q g [0 LL 4111111.I.H. W Z . I V 1 H 1 JN LL if: x )1 IT _ t 0 I E y� E tD + Z N Q N a 2 cc N, W x 7- 0 2 x z n O O N O Atlantic Park, Inc&Virginia Beach Development Authority Agenda Item 16 Page 8 Code Section Reference Sec. 8.1 Sign Standards 8.1.1 Intent; Findings, Establishment of Special Sign District A. The intent of the Oceanfront Resort District sign regulations is to: I. Encourage signage that enhances the overall aesthetics of the District by presenting an appearance that is both harmonious with, and integrated into, the settings in which it is located so as to preserve and improve the ambience of the District as a place in which to live and to work and as an attraction to residents and nonresidents who come to the Resort Area; 2. Ensure that the public benefits derived from past and future expenditures of public funds for the improvement and beautification of the beach, the streets, and public spaces are protected by preventing visual clutter caused by excessive or poorly placed signage;and 3. Provide a reasonable,flexible, fair, comprehensive, and enforceable set of rules that will foster a high quality visual environment to enhance the appearance of the Resort Area, while protecting the ability of business owners to identify their establishments. B. The City Council finds that: I. Signs have a strong visual impact on the character and quality of a community. They are an integral part of the cityscape and, as such, can enhance or detract from the Resort Area's image and character. As a prominent part of the cityscape, they can attract or repel the viewer, affect the safety of vehicular traffic, and their suitability or appropriateness helps to define the way in which a community is perceived. Because the City of Virginia Beach relies on the attractiveness of the Resort Area to attract tourists and commerce, aesthetic considerations are directly related to economic value. Apart from economic considerations, however, a community in which signage is orderly and attractive, while at the same time serving the needs of businesses to clearly identify their location and the goods and services they offer to the public, is itself perceived as orderly and attractive. 2. The appearance of the Resort Area was greatly enhanced through the adoption, in 1987, of sign regulations that largely eliminated signs that were too big, too numerous and competed with one another to attract attention, thereby resulting in unsightly sign clutter.The signage currently in the Resort Area is a great improvement over the signage in place prior to 1987, and the Resort Area and the City as a whole are a more attractive place for it. Atlantic Park, Inc&Virginia Beach Development Authority Agenda Item 16 Page 9 Code Section Reference 3. The City's former sign regulations addressed characteristics such as the size and number of signs, but did not address other characteristics, such as design and location, that are equally important to promoting an attractive Resort Area. Design standards for signage are used in many other localities that are known for their attractiveness and appeal to residents and visitors alike and have been well-accepted by both businesses and the general public as a means of enhancing the overall appearance and prosperity of the community. Providing incentives for businesses to display signage that conforms to voluntary design guidelines is an appropriate means of encouraging those businesses to use well- designed, highly attractive signs that harmonize with the buildings on which they are displayed, the surrounding neighborhood, and other signage in the area. C. The Oceanfront Resort District is hereby declared a special sign district, in which the provisions of this section apply. Atlantic Park, Inc&Virginia Beach Development Authority Agenda Item 16 Page 10 Site Photos _ .1.4 • . ____ ... A. tri lr it ..... .100001111/fill!i; , ify 11 `!. I t <„i ... • Atlantic Park, Inc&Virginia Beach Development Authority Agenda Item 16 Page 11 Disclosure Statement Disclosure Statement Na3 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 Ahannc Iar6 Inc Does the applicant have a representative? ( Yes ❑No • If yes,list the name of the representative. M%chct1 C'119cpper 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) PICAct ctt.attach-cc) • If yes,list the businesses that have a parent-subsidiary)or affiliated business entity'relationship with the applicant. (Attach a list if necessary) Pleatc ccc aHachcd- '"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. 2"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an a'fiiated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2 3101. Revised 11.09.2020 1 Page Atlantic Park, Inc&Virginia Beach Development Authority Agenda Item 16 Page 12 Disclosure Statement Atlantic Park,Inc. Venture Realty Group Venture Realty Group 1,LLC Venture Waves,LLC Donna MacMillan-Whitaker John L.Gibson,Ill Bruce A.Berlin Doug Ellis Elizabeth Matulenas Matthew L.Lafler Steven D.Green Dome Associates,LLC John R.Lawson H2O Investments,LLC Joe LaMontagne The Costen Companies Tim Costen Pharrell Williams Rhema Waves,LLC Steven\N.Bishard John K.Bishard Robert A.Deacor Atlantic Park, Inc&Virginia Beach Development Authority Agenda Item 16 Page 13 Disclosure Statement Disclosure Statement 1B lbyofiaysmBradt Planning&Community Development Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have a^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? of Beccrr Devtlo; ntcnr t{umori t5 ;Wrier 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 witn the subject of the application or any business operating o-to be operated on the property? Yes El No • If yes,identify the financial institutions providing the service. J LI.Cct itaI MArKtts tcapinal Qrolccr 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? 1:71 Yes ❑No • If yes,identify the company and Individual providing the service. ___Venfvrt Rat Crrou 3. Does the applicant have services for accounting and/or preparation of tax returns provided,n connection with the subject of the application or any business operating or to be operated on the property?tgi Yes ❑ No • If yes,identify the firm and individus.providing the service. BPI) 4. Does the applicant have services from an architect/landscape architect/land planner proviced 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. Coo,-tr Co-r,y, I-to rs Li ' ,Crensit ty —1-torn 5. Is there any other pending or proposed purchaser of the subject property?❑Yes No • If yes,identify the purchaser and purchaser's service providers. Revised 11.09.2020 2 1 p a g e Atlantic Park, Inc&Virginia Beach Development Authority Agenda Item 16 Page 14 Disclosure Statement Disclosure Statement \43 edy of Vv1171...SprCh Planning&Community Development 6. Does the applicant have a construction contractor in connection with t-e 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. W M• Jordan 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?Ll Yes D No • If yes,identify the firm and individual providing the service. PL mitt-,-1-tvrn 8. Is the applicant receiving legal services n connection with the subject of the app:ication or any business operating or to be operated on the property?rt41 Yes 0 No • If yes,identify the firm and individual providing the service. '.0,0'rush C f n0 it 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. ATI.A.rtrc r*ha,iN�- Applicant Signature 'G*4 Ct. A. 1+4.iteeh1A J ttit f 7./lcwl( Print Name and Title is•'10•)} Date Is the applicant also the owner of the subject property? ❑Yes O No • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications 0 Na changes as of Date 09.082022 signature Prix Name i Hoa N.Dao Revised 11.09.2020 Wage Atlantic Park, Inc&Virginia Beach Development Authority Agenda Item 16 Page 15 Disclosure Statement • Disclosure Statement V13 Planning&Community '11011011111111.1.1111aftw...4.N\„_ Development Owner Disclosure Owner Name City of Virginia Beach Development Authority("VBDA") Applicant Name _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) The owner Is a political subdivision of the Commonwealth of Virginia.Attached is a list of the Board of Commissioners of the VBDA • If yes,list the businesses that have a parent-subsidiary3 or affiliated business entity'relationship with the Owner. (Attach a list if necessary) n/a Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any prcposed 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? 2"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 relaticnship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controll;ng owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business enfties. Factors that should be consicered in determining the existence of an affliated 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;o• there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.2020 5 1 a g P Atlantic Park, Inc&Virginia Beach Development Authority Agenda Item 16 Page 16 Disclosure Statement • Disclosure Statement cat y Minn.a•.11, Planning&Community Development Owner Services Disclosure 1. Does the Owner 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 Owner have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes X No • if yes,identify the company and individual providing the service. 3. Does the Owner have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any bus°ness operating or to be operated on the property?El Yes I No • If yes,identify the firm and individua providing the service. 4. Does the Owner have services from an architect/landscape architect/land planner providec in connection with the subject of the application or any business operating or to be operated on the property?❑Yes L 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 iii No • f 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 lid 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?a Yes ❑No • If yes,identify the firm and individual providing the service. Kirc'ey Horn,Vanasse Hargen trustin,Inc.(VHB),and MBP(McDonough Bolyard Peck) Revised 11 097020 6 1 P a g e Atlantic Park, Inc&Virginia Beach Development Authority Agenda Item 16 Page 17 Disclosure Statement Disclosure Statement \43 Planning&Community Development 8. is the Owner receiving legal services in connection with the subject of the application or any business operating or to be operated on the property? Yes 0 No • If yes,identify the firm and individual providing legal the service. Singer Davis/Hunton Andrews Kurth 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 app:ication has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Owner Signature Alexander W.Stiles,Senior City Attorney Print Name and Title 6/24/22 Date Revised 11.09.2020 7 1 P a k e Atlantic Park, Inc&Virginia Beach Development Authority Agenda Item 16 Page 18 Disclosure Statement CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY BOARD OF COMMISSIONERS David Bernd(Secretary) William P. Brown William Brunke(Treasurer) Nneka Chiazor W.Taylor Franklin (Assistant Secretary) Penny Morgan Lisa M. Murphy (Chair) Ronnie L. Parker Michael J. Standing Joseph E.Strange (Vice Chair) Guenter Weissenseel Atlantic Park, Inc&Virginia Beach Development Authority Agenda Item 16 Page 19 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Atlantic Park, Inc&Virginia Beach Development Authority Agenda Item 16 Page 20 wwwINNIIMINIF 0 • • le o / . 6 ii,, ji j. 0 Li ,r, 1 AG1 c mi.- O ill LB:_2 AG2 cio AG1 7a" c� •— Co a� o AG2 B2 -PB2 1\.:„......„.\ ..t. 4c: "' B2 - a naanz4i Indianiliv21,41-07d--,- o _ o r-R�oa 4 B2 ' , / �d� �`� B2 AG2% o AG2 0 / /a c 0 0 B2 / 0 / . N Site �,, ,4& t: �__ Mike Daubert -, _ . r 1 Property Polygons s 1833 Princess Anne Road Zoning Building E Feet 0 87.9 75 350 525 700 875 1,050 Is�.o‘,..,,. :, ,c,„4,-- .......„4,, „J.! j L....." r/ CITY OF VIRGINIA BEACH AGENDA ITEM .41 ITEM: MIKE DAUBERT [Applicant] BACK BAY FARMS, INC [Property Owner] Conditional Use Permit (Assembly Use) for the property located at 1833 Princess Anne Road (GPIN 2403937330). COUNCIL DISTRICT 2, formerly PRINCESS ANNE MEETING DATE: September 20, 2022 ■ Background: The applicant intends to develop and operate an event venue on a three-acre portion of 1833 Princess Anne Road, also known as Back Bay Farms. The property is zoned AG-2 Agricultural District, which allows for Assembly Use with a Conditional Use Permit. The property is located in the Transition Area and is adjacent to the Pungo crossroad. The applicant is requesting a Conditional Use Permit for an Assembly Use to host weddings and other events on the site. The applicant has entered into a ground lease agreement with the property owner in order to develop the venue. The plans include the construction of an approximate 9,500 square-foot, two story event building with associated parking lot, a stormwater management pond, parking lot, access road and other associated site improvements. Development will include the construction of a new vehicular access point along Indian River Road. Designed similarly to a large barn, the new building will have white board and batten fiber cement cladding and large multi-light windows. A large, first-floor porch that will span most of the east elevation and a brick-faced two-story chimney on the north elevation will be major character-defining features. The venue has been designed to accommodate events for up to 350 people. The applicant is proposing that use of the venue will occur throughout the year. Start times for events will be arranged on an individual basis, but the applicant has indicated that they expect most events will typically begin in the mid-afternoon. The applicant has stated that all weddings will be required to end by 11 :00 p.m. A gravel parking lot will be developed to provide onsite parking for the venue. The parking lot has been sized to provide 95 parking spaces, as required for an event venue of this size per Section 203(b)(5) of the Zoning Ordinance. Mike Daubert Page 2 of 4 ■ Considerations: The Comprehensive Plan places an emphasis on the preservation and promotion of the agricultural economy and heritage of the Rural Area and in the Transition Area, where this property is located. The Pungo crossroad area, at the intersection of Princess Anne Road and Indian River Road, is and has historically been the largest and most populated crossroad in the southern half of Virginia Beach. This makes it an appropriate location for non-residential uses that are at an appropriate scale and design in relation to the rural part of the city. The design of the proposed building is harmonious with the existing architectural character of this area and will use the existing field, pasture, and wooded setting as a backdrop for events. By incorporating the agricultural setting into the overall experience of the venue, this proposal furthers recommendations for preserving and promoting the agricultural heritage of the Rural Area. The building design also meets recommendations in the Transition Area Design Guidelines. It uses traditional architectural features of the area; is set back from the right-of-way; and has a scale compatible with the agricultural setting. While the applicant will likely host different types of events, they are proposing this facility primarily as a wedding venue and have identified some key strategies for managing events and traffic on site. For example, the applicant has stated that weddings will be required to have a professional wedding planner for at least the day of the event, efficiently route catering staff and guests to avoid bottlenecking; and a site coordinator and facilities director will be employed to manage the site and events. As recommended by the Comprehensive Plan, the applicant submitted a preliminary drainage study to the Development Services Center outlining their proposed stormwater strategy for the subject site. As a result of the review, the Staff finds that the proposed conceptual stormwater strategy has the potential to successfully comply with the stormwater requirements of this site; however, this review is not a formal approval of the submitted stormwater plan. More details will be required, and a formal review will take place during the site plan review process. The applicant presented this proposal to the Agricultural Advisory Committee and the Transitional Area/Interfacility Traffic Area Citizen Advisory Committee; both bodies expressed general support for the proposed use. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. Staff received 21 letters of support for this project. The majority of these letters were submitted from the community at large; one letter was submitted by an adjacent property owner. There is no known opposition to this request. Mike Daubert Page 3 of 4 • Recommendation: On August 10, 2022, the Planning Commission passed a motion to recommend this item on the Consent Agenda by a recorded vote of 10-0 to recommend approval of this request. 1 . When the site is developed, it shall be in substantial conformance with the submitted concept plan entitled "SITE LAYOUT" dated 4/29/2022 and prepared by Timmons Group, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 2. The exterior of the proposed building shall substantially adhere in appearance, size and materials to the elevations entitled "EXTERIOR ELEVATIONS" dated 4/29/2022 and prepared by Hanbury, which has been which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 3. Events shall be limited to between the hours of 8:00 a.m. and 11:00 p.m. 4. The maximum number of attendees and the occupancy load shall be determined by the City of Virginia Beach Fire Marshal. 5. No outdoor amplified music shall be permitted after 10:00 p.m. 6. All parking for the Assembly Use shall be on the property. 7. Handicap spaces shall be provided adjacent to the event area in accordance with all ADA requirements. 8. No less than one trash receptacle per 1,000 square feet of sales area shall be provided. All trash receptacles shall be emptied regularly so as not to overflow, and litter and debris shall not be allowed to accumulate. 9. Any outdoor storage of stalls or other materials is prohibited. 10.A Certificate of Occupancy and all applicable approvals from the Fire Prevention Bureau must be obtained for use. 11.Prior to each event, the applicant shall notify the Police Department, the Fire Prevention Bureau, the Health Department and Emergency Medical Services of the event's time, size, and scope of activities. 12.The final stormwater plan submitted to the Development Services Center (DSC) shall be in substantial conformance with the preliminary stormwater analysis, unless otherwise approved by the DSC, using the same basis of design that includes increased rainfall amounts and consideration for sea level rise. Mike Daubert Page 4 of 4 13.Virginia Beach Health Department approval as required of well and/or septic systems shall be obtained during site plan review. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Letters of Support (21) Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning DepartmentA'. City Manager:///69 Applicant Mike Daubert Agenda Item Property Owner Back Bay Farms, Inc Planning Commission Public Hearing August 10, 2022 9 ctri,o( City Council District District 2, formerly Princess Anne Virginia Beach Request Conditional Use Permit (Assembly Use) Staff Recommendation ) Eme1itaor+ve Approval " IL Staff Planner Elizabeth Nowak,.. f ' ; soaboardRoatl oecon gf Location 1833 Princess Anne Road • GPIN 2403937330 O$d pdwo itiYe�R Site Size 68.25 acres entire parcel; 3 acres for CUP . AICUZ Less than 65 dB DNL; 65-70 dB DNL Watershed k oad Muddy Cry R Southern Rivers Existing Land Use and Zoning District ! """ Horse farm/AG-1 &AG-2 Agricultural fir. C. 'Y �' % '` ``� _A "' o k.. Surrounding Land Uses and Zoning Districts -^°i- ' ..,s"',� ; j`4-' " %'r"``'it r North _ - ' V Cultivated field/AG-1 Agricultural ^—,,, ,: South .r—. .Noilr, • ` , �, , r Indian River Road �"" ' fi Single-family dwelling, a agricultural operation/ ,4 � lee.- , -#`t�-� ' ` `� 9 g Y g p t .a. .. a,.r • - 3 --0, ,t AG-2 Agricultural r. ,a Y �r 4 ,:4 r, ,f= . 1 ': East jr ..� 7 f. F _' . Princess Anne Road ., R < Y--r_--,• . ' a ` - • � 1. Single-family dwelling, cultivated field,former .. - . tee- tr'� ' i i r `+`�, .- `f .ifs. i1 C •airfield/AG-2 Agricultural, B-2 Community - '`04 ' - r. •;\ --, Business 1-r.y;� '''.,y� k ;:�, ^ West - i ':4 ; ep i • , v:t4r; t ' - ,' , Former railroad right-of-way, cultivated field/ AG-1 &AG-2 Agricultural Mike Daubert Agenda Item 9 Page 1 Background & Summary of Proposal • The applicant intends to develop and operate an event venue on a three-acre portion of 1833 Princess Anne Road, also known as Back Bay Farms. The property is zoned AG-2 Agricultural District,which allows for Assembly Use with a Conditional Use Permit. Specifically,the applicant is requesting a Conditional Use Permit for an Assembly Use to host weddings and other events on the site. • The subject site is located near the intersection of Princess Anne Road and Indian River Road commonly referred to as Downtown Pungo.This area in the southern part of the city as well as this property have long been associated with the city's agricultural history, evidenced by the continued presence and agricultural uses on this site and adjacent properties. Modern residential development can be found north of this site,while south of this area has maintained a rural character. The Princess Anne Road and Indian River Road intersection has also been identified as a historical crossroad with possible eligibility for listing in the National Register of Historic Places for its role as a commercial node in this otherwise agrarian setting. • The applicant has signed a 50-year ground lease agreement with the current property owner for approximately three acres of the subject parcel. This agreement allows the applicant to construct improvements (including the proposed venue building, parking lot, etc.),the ability to subdivide the property, and an easement over the Master Parcel for the proposed activities that will be recorded prior to the lease commencement date. While the stated intent of the applicant and the ground lease agreement is to adhere to the general three-acre area as exhibited in the conceptual site layout, according to the applicant there is agreement with the property owner to finalize the lease boundaries following City Council approval of the site design.This is reflected in Section 10 of the ground lease agreement,which has been exhibited to Staff and on file in the Planning Department and is intended to provide flexibility for any required revisions during the site plan review process. • The proposed event venue will include the construction of an approximate 9,500 square-foot building with associated parking lot, a stormwater management pond, parking lot, access road and other associated site improvements. Development will include the construction of a new vehicular access point along Indian River Road and will also include the removal of an existing horse pasture. • As depicted on page 10 of this report,the design of the proposed building will draw on the existing agricultural character of the vicinity. Designed similarly to a large barn, the new building will have white board and batten fiber cement cladding and large multi-light windows. A large,first-floor porch that will span most of the east elevation and a brick-faced two-story chimney on the north elevation will be major character-defining features.The venue has been designed to accommodate events up to 350 people and will provide kitchens and interior storage onsite. • While the applicant will likely host different types of events,they are proposing this facility primarily as a wedding venue and have identified some key strategies for managing events and traffic on site. For example,the applicant has stated that weddings will be required to have a professional wedding planner for at least the day of the event, efficiently route catering staff and guests to avoid bottlenecking; and a site coordinator and facilities director will be employed to manage the site and events. • The applicant is proposing that use of the venue will occur throughout the year. Start times for events will be arranged on an individual basis, but the applicant has indicated that they expect most events will typically begin in the mid-afternoon. The applicant has stated that all weddings will be required to end by 11:00 p.m. • A gravel parking lot will be developed to provide onsite parking for the venue. The parking lot has been sized to provide 95 parking spaces, as required for an event venue of this size per Section 203(b)(5) of the Zoning Ordinance. Mike Daubert Agenda Item 9 Page 2 Zoning History # Request 1 MDC(Outdoor Recreation)Approved 09/24/2013 CUP(Recreational Facility of an Outdoor Nature) Approved 07/07/2009 vvit\ w, I`,.�•. CUP(Mulch Facility)Approved 07/07/2009 `04--_, ..� G2 '� CUP(Firewood Preparation Facility)Approved •49/4/ • 08/10/1993 ��� 2 CUP(Recreational Facility of an Outdoor Nature-Golf Course)Approved 07/08/1997 y �i AG MDC(Golf Course)Approved 06/28/1994 ,p42: /74 .� o CUP(Golf Course)Approved 09/28/1993 3 CUP(Commercial Pet Kennel)Approved 12/09/1997 "�//` zZ/rr4rai CUP(Animal Hospital)Approved 07/07/1992 AO .1:7*vile =' • 4 CUP(Car Wash Facility)Approved 07/11/2004 5 CUP(Open-Air Market)Approved 10/18/2016 Niaoisna G- b _ CUP(AssemblyUse)Approved 10/18/2016 =—' Ac2 A 6 CUP(Museum and Art Gallery)Approved 10/14/2003 ; AG 7 CUP(Single-family Dwelling)Approved 07/07/1992 01 t A°' CUP(Boarding of Horses)Approved 07/07/1992 8 CUP(Assembly Use)Approved 02/21/2017 9 CUP(Auto Service Station)Approved 04/24/2012 CRZ(B-2 and AG-2 to Conditional B-2)Approved 04/24/2012 10 CUP(Sale of Low Speed Vehicles)Approved 07/10/2007 MDP Approved 07/10/2007 CUP(Self-storage Facility)Approved 06/22/2004 CRZ(AG-2 to Conditional B-2)Approved 06/22/2004 11 SVR Approved 09/23/1997 Application Types CUP—Conditional Use Permit MDC—Modification of Conditions STC—Street Closure SVR—Subdivision Variance REZ—Rezoning MDP—Modification of Proffers FVR—Floodplain Variance LUP—Land Use Plan CRZ—Conditional Rezoning , NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental Evaluation & Recommendation In Staff's opinion,this request for a Conditional Use Permit for an Assembly Use is acceptable.The Comprehensive Plan places an emphasis on the preservation and promotion of the agricultural economy and heritage of the Rural Area and in the Transition Area, where this property is located.The Pungo crossroad area, at the intersection of Princess Anne Road and Indian River Road, is and has historically been the largest and most populated crossroad in the southern half of Virginia Beach. This makes it an appropriate location for non-residential uses that are at an appropriate scale and design in relation to the rural part of the City.The design of the proposed building is harmonious with the existing architectural character of this area and will leverage the existing field, pasture, and wooded setting to be used as a backdrop for events. By incorporating the bucolic setting into the overall experience of the venue,this proposal furthers recommendations for preserving and promoting the agricultural heritage of the Rural Area. As the site is located within the Transition Area, below is a summation of Staff's review for conformance with the Comprehensive Plan's Transition Area Design Guidelines. • The design of the proposed building is inspired by historical barns and buildings south of the Green Line.The design has simple, clean lines, using color and a mixture of materials to provide interest, rather than heavy ornamentation. Mike Daubert Agenda Item 9 Page 3 • The building does not exceed 10,000 square feet and incorporates traditional rooflines,features such as the chimney, and expressed fenestration. • The building is nestled near a back corner of the parcel, away from Indian River Road, preserving the character of the streetscape along Indian River Road and providing an attractive streetscape view from adjacent roadways. • Though the proposed parking area is sited between Indian River Road and the proposed building,this configuration retains the established pattern of open fields between roadways and agricultural buildings found in this part of the city. • The existing open-style fencing will be retained, maintaining a sense of open space. As recommended by the Comprehensive Plan,the applicant submitted a preliminary drainage study to the Development Services Center(DSC) outlining their proposed stormwater strategy for the subject site. As a result of the review, the Staff finds that the proposed conceptual stormwater strategy has the potential to successfully comply with the stormwater requirements of this site; however,this review is not a formal approval of the submitted stormwater plan. More details will be required, and a formal review will take place during the site plan review process. Similarly, Staff anticipates minimal impact on the historical setting of the Pungo crossroad area.The proposed layout places the new building approximately 730 feet from Indian River Road and will be of a size and scale compatible with other agricultural buildings in Pungo, is designed to maintain the established character in the area and minimize potential adverse effects on the historical setting. No trip generation data is available for an event facility such as the one proposed. Staff, however,anticipates no significant effect on peak hour traffic on Princess Anne Road or Indian River Road as it seems that most evens will be held on weekends and during evenings. Current traffic volumes of both roads are within their existing capacities with Indian River Road using about one-third of its current capacity. Comments regarding required right-of-way improvements and access point geometrics for the proposed access point on Indian River Road will be made during site plan review. Staff does note that any future development of this site will necessitate a comprehensive traffic impact study that is based on a master plan of development to ensure that such development. The applicant presented this proposal to the Agricultural Advisory Committee and the Transitional Area/Interfacility Traffic Area Citizen Advisory Committee (TA/ITA CAC); both bodies expressed general support for the proposed use. Due to the reasons stated above, Staff recommends approval of this request subject to the recommended conditions in this report. Recommended Conditions 1. When the site is developed, it shall be in substantial conformance with the submitted concept plan entitled "SITE LAYOUT" dated 4/29/2022 and prepared by Timmons Group, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 2. The exterior of the proposed building shall substantially adhere in appearance, size and materials to the elevations entitled "EXTERIOR ELEVATIONS" dated 4/29/2022 and prepared by Hanbury,which has been which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 3. Events shall be limited to between the hours of 8:00 a.m. and 11:00 p.m. 4. The maximum number of attendees and the occupancy load shall be determined by the City of Virginia Beach Fire Marshal. 5. No outdoor amplified music shall be permitted after 10:00 p.m. Mike Daubert Agenda Item 9 Page 4 6. All parking for the Assembly Use shall be on the property. 7. Handicap spaces shall be provided adjacent to the event area in accordance with all ADA requirements. 8. No less than one trash receptacle per 1,000 square feet of sales area shall be provided. All trash receptacles shall be emptied regularly so as not to overflow, and litter and debris shall not be allowed to accumulate. 9. Any outdoor storage of stalls or other materials is prohibited. 10. A Certificate of Occupancy and all applicable approvals from the Fire Prevention Bureau must be obtained for use. 11. Prior to each event,the applicant shall notify the Police Department, the Fire Prevention Bureau,the Health Department and Emergency Medical Services of the event's time, size, and scope of activities. 12. The final stormwater plan submitted to the Development Services Center(DSC) shall be in substantial conformance with the preliminary stormwater analysis, unless otherwise approved by the DSC, using the same basis of design that includes increased rainfall amounts and consideration for sea level rise. 13. Virginia Beach Health Department approval as required of well and/or septic systems shall be obtained during site plan review. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations This proposal is located in Transition Area at the northwest corner Princess Anne Road and Indian River Road in Pungo Village. Development policies for the Transition Area are not intended to be a continuation of the higher density development patterns and form found in the Suburban and Urban Areas to the north and should provide an apparent visual shift to rural development character and form as one travels from north to south. Development in the Transition Area should reflect a noticeable transitional pattern with contiguous and unified open space throughout, also in keeping with the accompanying Transition Area Design Guidelines. When developing in proximity to a designated "Special Place" (e.g. Pungo Village), design elements that are contextually relevant to that Place should be incorporated elements to ensure compatibility with the surrounding area.This area is also identified as a rural village as per the Rural Area section of the Comprehensive Plan. These areas are meant to provide support and services for the local community and the greater rural area. Natural & Cultural Resources Impacts The site is located in the Southern Rivers Watershed. Drainage in the Southern Rivers watershed is highly impacted by the presence of high ground water, poorly draining soils, and high water surface elevations in downstream receiving waters. The applicant has provided a preliminary stormwater analysis for their proposal, which is discussed below. Mike Daubert Agenda Item 9 Page 5 The City's 2020 Architectural Survey of the Southern Half of Virginia Beach identifies properties in this part of Pungo as being potentially eligible for listing in the National Register of Historic Places as a historic district. While no buildings or structures on the subject property are identified in the survey,the site's pastoral character and history contribute to the overall integrity of the historical setting of the area. Pungo, according to the survey, remains the largest crossroad in the southern half of Virginia Beach with a significant collection of historic buildings. Stormwater Impacts Project Stormwater Design Staff Summary This project consists of the construction a 9,500 square foot building that will serve as an event venue for weddings and other similar uses. In addition to the building,this project will include a gravel parking lot, sidewalks, and a stormwater management facility to support the proposed development. Stormwater runoff from the site currently sheet flows towards the existing low-lying wetland areas on the west and northwest sides of the property. Stormwater runoff from the proposed building and surface parking lot will be collected into a wet pond that will treat for both water quality and water quantity before discharging offsite.The purchase of offsite nutrient credits will be utilized for any remaining water quality pollutant load reduction requirements not treated by the onsite wet pond. Based on the information provided by Timmons Group in the Preliminary Stormwater Analysis,the DSC agrees that the proposed conceptual stormwater management strategy can successfully comply with the stormwater requirements. Final design and detailed updates will be made during site plan submittal to ensure conformance with all requirements set forth in the Public Works Design Standards Manual. The developer of this project chose to complete a simplified Preliminary Stormwater Analysis providing calculations that demonstrate a reduction in post-development flow rates and has volunteered a condition that states all stormwater regulations will be complied with during final design. More detailed project stormwater information is listed below. Project Information Total project area: 10.91 acres Pre-Development impervious area:0.58 Acres Post-Development impervious area: 3.33 Acres Does the analysis utilize the City of Virginia Beach Master Drainage Model: No Does the analysis incorporate into design updated rainfall amounts(NOAA plus 20%) and account for 1.5'SLR:Yes Stormwater Management Facility Design Information Type of facility proposed: Wet Pond Total storage volume provided in proposed stormwater management facilities: 544,781 cf Description of outfall:Stormwater runoff from the site that enters into the wet pond will discharge through shallow ditches or wetland areas before either infiltrating into the soil or draining to West Neck Creek. Downstream conveyance path:This site is part of the Upper West Neck Creek Drainage Basin. Drainage from this site drains into West Neck Creek, into North Landing River, and ultimately into Back Bay. Back Bay drains through the Currituck Sound and into the Atlantic Ocean. Stormwater Quality Compliance Design Information Pounds of phosphorus removal per year(Ib/yr) required: 5.85 lb/yr Method of treatment proposed: Wet Pond, Offsite Nutrient Credits Mike Daubert Agenda Item 9 Page 6 Stormwater Quantity Compliance Design Information 2-year storm peak flow rate comparison: Pre-development=42.33cfs/Post-development =26.69cfs. 10-year storm peak flow rate comparison: Pre-development=64.97cfs/Post-development=33.81cfs. 100-year storm peak flow rate comparison: Pre-development = 109.03cfs/Post-development = 50.16cfs. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Princess Anne Road 11,950 ADT1 15,400 ADT' LOS 4"D„ Existing Land Use 2—10 ADT ( ) Proposed Land Use 3-No Data Available Existing Land Use 2-10 ADT Indian River Road 5,950 ADT 12,500 ADT(LOS"D") Proposed Land Use 3—No Data Available 'Average Daily Trips 2 as defined by a single-family 3 No information available in the 4 LOS=Level of Service house on a parcel zoned AG-1 ITE Trip Generation Manual for Agriculture. event venues Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Princess Anne Road and Indian River Road near this project location are considered two-lane undivided minor suburban arterials. There are no plans to improve either roadway in the current CIP. Public Utility Impacts Water City water is not available to the property. Sewer City sanitary sewer is not available to the property. The proposed lease parcel could be served by well and septic systems, but future development of the overall property may require connection to public water and sanitary sewer.Virginia Beach Health Department approval is required for any well or septic system proposed to service the venue. Public Outreach Information Planning Commission • The applicant met with the Agricultural Advisory Committee on April 11, 2022 to discuss the details of the request. According to the applicant, no major concerns with the proposal were shared at that meeting and the Agricultural Advisory Committee expressed support for the project. In late July,the applicant shared a progress update with the Chair of the Agricultural Advisory Committee. • The applicant met with the Transitional Area/Interfacility Traffic Area Citizen Advisory Committee (TA/ITA CAC) on May 5, 2022 to present the details of the request. No formal action was taken by the TA/ITA CAC at this meeting; however, comments shared by the Committee expressed general support for this proposal. Mike Daubert Agenda Item 9 Page 7 • As provided in the supplemental packet, Staff has received 18 letters of support for this project by the printing of this staff report. These letters expressly support the establishment of the event venue and how it will be an asset for the community at large. • As required by the Zoning Ordinance, the public notice sign(s)was placed on the property on July 24, 2022. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,July 24, 2022 and July 31, 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 July 25, 2022. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of www.vbgov.com/pc on August 4, 2022. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, September 4, 2022 and September 11, 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 September 5, 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 September 16, 2022. Mike Daubert Agenda Item 9 Page 8 Proposed Site Layout i i▪ N- • Z O ' I. Z: \ 1 7-7-1- 1---____ ' 1. . 1 1 n , 1 " . \:-..'-t ' w. ,. s .-1 \ 15 : ' \ , *-7_:.. , - . _-�- - . j 1 (44t \ . 4 ,k 5 4 i I \C) e:. - ' .' / 6 I A I / \ w I /// cn 1 w __I ',. ///////:// \---\ Z � / \ 0 .l W C� 0 i z E. a ie L N'C '' ''... f a ,......-Di /1 \ n. N f ,c'- li / 1 \ CO (NI i- -----________ / -.,- I 1 L....- gi _W 0 a } Z Mike Daubert Agenda Item 9 Page 9 Proposed Elevation Plan W O U m a m m • r 1 ,, ! 4p. If .i l' 4 - 5 LP i :� li dii ;e lG 2 El I ..3 la i±`st I' k R E!4 f • 1. ' 1 III III ...J 4 , , t v 74,,, ..,, ! e �� s. IIRE ME CO 1111 • 111 II WI N N 4 ...- 1 _., ., 'RAJ t 1111 r I u� w ii :i, G •cJ _ w O v s a 4d-.-6i W.h aH..M, Mike Daubert Agenda Item 9 Page 10 Site Photos `i= i'. -. . • 1 C 9 .,.' F.,'!. '.-i yr. .a�t �"' i•r- r -..`'"I''' •-` , 'I •�..-'_ . '".>"aN - '',�• cf• i'r` " Ss"S A,. r _ xi s+.jd'_.. +- 0.. q "2 ) y��y.N a "`4 s'!-- ,. a ► 2 4ty.;Y- Ti,� w sY, �1 .�`Jati`r..,,* i - rye 7 i T 31 r � • -". - • 5 w re.. 1 i t • t � -* t s shh r ., .f + ` 1!- 1 4 t^U , i.I.'" .s:.,,?y aj.1-7 °.._Vic, �-. t x *y! Mike Daubert Agenda Item 9 Page 11 Site Photos Xy d' • «4 ` ' -, :. k' .• --,NI,.....i.s.jib._ _4:, c ,-, . .-.,1/41, . ....., • _ '''flitk+,,,, ,;,*,..,,_..1::,&:-:,:.:: :7,,,:i.,--. . .4.. 21.,3,,._ _,;:e_ , ,'. \ . .-. : -.,, - Ar4 • Est 1.. e Jw (may ,�• _ + iAV WIC. 4r411141-4.- ^ '1 ri 1 �s '. •„- i Q .A, �' 4h P •/ t f „' - ' .:-,,i-:"Tp .-.., ..:!i-4..-1 .- r`� a" ' ` t+ +� a „! i • '... .- it.: - , 4 �d . .4. r 4 x, i .014 ' . .I 4 • 1.... • 111111&...'f'' -----•••--,-,..--" --........--.. -=.".'---'• --' '-'----I'. --.“-. Y r1 - 1 •a��;••fix-� .f - _ ticti • ' • Mike Daubert Agenda Item 9 Page 12 Disclosure Statement Authentisign ID:1EA$267E-5631.EC11-997E-601AGI86CB79 Disclosure Statement Nhri3 CamofVir'i+i,Bead, 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 Mike Daubert Applicant Name _ Does the applicant have a representative? ❑Yes W No • If yes,list the name of the representative. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?❑Yes II 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 entity2 relationship with the applicant. (Attach a list if necessary) 1"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation.' See State and Local Government Conflict of interests Act,VA.Code§2.2-3101. 2"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(I)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(ili)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.2020 1 i P a g e Mike Daubert Agenda Item 9 Page 13 Disclosure Statement Autttent4ygnID 1EA8263E56B1-EC'1-937E-5111AC586C879 Disclosure Statement NE. CAT of Yopoao Bath 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 Cl No • If yes,identify the financial institutions providing the service. TowneBank 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes ■ No • If yes,identify the company and Individual providing the service. The applicant-Mike Daubert-is a licensed real estate agent in Virginia,however he is not providing any realty services for himself or the owner in this matter. 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. Mulkey&Co/Ryan Gore 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?II Yes 0 No • If yes,identify the firm and individual providing the service. Hanbury Architects/Adam Schultz 5. Is there any other pending or proposed purchaser of the subject property?II Yes ❑No • If yes,identify the purchaser and purchaser's service providers. Mike Daubert Revised 11.09.2020 2 I P a g e Mike Daubert Agenda Item 9 Page 14 Disclosure Statement kthentisipr ID 1EA8269E-5681-EC'1 997E-501AC586C879 Disclosure Statement Ott if Virginia Band► 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 providingthe 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. Timmons Group Engineering/John Zaszewski 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. Hanger Law/Sean Reilly&John Napier 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. [I ;e Applicant Signature Mike Daubert I Leaseholder and Venue Owner/Operator Print Name and Title 03/31/22 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 charms as of Data 08131/2022 ' ae ,t/ 1 - -- Prat time El-beth Nowak Revised 11.09.2020 3 1 P a g E Mike Daubert Agenda Item 9 Page 15 Disclosure Statement Disclosure Statement ilvtrgia Planning&Community -�- Development Owner Disclosure Owner Name Back Bay Farms,Inc. Applicant Name Mike Daubert Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business? a Yes ❑ No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the Owner (Attach a list if necessary) Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes No • If yes,what is the name of the official or employee and what is the nature of the interest? 3"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. "Affiliated business entity relationship"means"a relationship,other than parent subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controllirg 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. (n 5 r' Mike Daubert Agenda Item 9 Page 16 Disclosure Statement Disclosure Statement \33 �_._. .. 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 Pa 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 51 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 ii 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 la 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 fa 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. Ri'vrs,:o 11.09.2020 6 I ' Mike Daubert Agenda Item 9 Page 17 Disclosure Statement Disclosure Statement \JIJ c are 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. <Cc-a—/O. atc.l�sr Owner Signature" er ese,/,- 4/. /`y09.c/Se.�, ,*Fs, - dul.vv2 Print Name and Title 9/1f. Date Revised 11.09.2020 7 I L Mike Daubert Agenda Item 9 Page 18 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Mike Daubert Agenda Item 9 Page 19 Virginia Beach Planning Commission August 10, 2022, Public Meeting Agenda Item # 9 Mike Daubert [Applicant] Back Bay Farms, Inc. [Property Owner] Conditional Use Permit (Assembly Use) Address: 1833 Princess Anne Road RECOMMENDED FOR APPROVAL— CONSENT Mr. Weiner: Thank you. Next item is item number nine, Mike Daubert, Back Bay Farms for Conditional Use Permit for Assembly Use at 1833 Princess Anne Road. Is there a representative of this item? Welcome, please state your name for the record. Mr. & Mrs. Daubert: My name is Mike Daubert, and I am Megan Daubert. Mr. Weiner: All the conditions are acceptable? Ms. Daubert: We do. Mr. Weiner: Thank you. Anybody have any opposition this being placed on the consent agenda? Hearing none, Mr. Bradley has been asked to read this into the record. Mr. Bradley: The applicant assigned a 50-year ground lease agreement and intends to develop and operate an event venue on a 3-acre portion of 1833 Princess Anne Road, also known as Back Bay Farms. The property is zoned AG-2 Agricultural District, which allows for Assembly Use with a Conditional Use Permit. Specifically, the applicant is requesting a Conditional Use Permit for Assembly Use to host weddings, and other events on the site. The Planning staff has recommended this item and since there's no speakers against it, and it is on our consent agenda. Mr. Weiner: Thank you. Mr. Horsley. Mr. Chairman that is the end of the consent agenda. move for approval items number 1, 4, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, and 20. Mr. Alcaraz: Alright, thank you. I have taken that's your motion to approve those items. Thank you. Mr. Weiner: Is there a second? Hearing second, are there any Planning Commissioners abstaining any of these consent agendas items? Mr. Redmond: I want to make two disclosures. Number one, I should have disclosed earlier when we had application withdrawn, for some time I abstained on short-term rental applications and ordinances because I had a client in the travel industry, I no longer have that client, and so I am withdrawing the letter or at least withdrawing my abstention from those items, and henceforth I we'll be voting on those items. Second, I would also like to mention that Agenda Item Number 10, Jenny Corporation is applying at a shopping center at Salem Crossing Shopping Center, which is leased by a colleague of mine at my place of business. I don't receive any kind of remuneration or have anything to do with that piece of business. So I may merely make that disclosure. I will be voting in favor of that, and the rest of the consent agenda. Thank you. Mr. Alcaraz: Pursuant to the state and local government conflict of interest, I make the following declaration. I'm executing this written disclosure in hand regarding the Planning Commission's discussion on vote number 13, Ocean Developers, LLC 404 34th Street. I'm employed by the previous owner of this property, and though they're not the owners of this application, I believe that I have a financial personal interest in this transaction. As such, I've made a disclosure, and I will be abstaining from this application. Thank you. Madam Clerk: The vote is open. By vote of 10 in favor, zero against, noting that Mr. Alcaraz has abstained from voting on agenda item 13, agenda items number 1, 4,8,9,10,11,12,13,14,15,16,17,18,19,20 have been recommended for approval by consent. AYE 10 NAY 0 ABS 0 ABSENT 1 Alcaraz AYE Bradley AYE Clemons AYE Coston AYE Cuellar AYE Frankenfield AYE Horsley . AYE Oliver AYE Redmond AYE Wall ABSENT Weiner AYE CONDITIONS 1. When the site is developed, it shall be in substantial conformance with the submitted concept plan entitled "SITE LAYOUT" dated 4/29/2022 and prepared by Timmons Group, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 2. The exterior of the proposed building shall substantially adhere in appearance, size and materials to the elevations entitled "EXTERIOR ELEVATIONS" dated 4/29/2022 and prepared by Hanbury, which has been which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 3. Events shall be limited to between the hours of 8:00 a.m. and 11:00 p.m. 4. The maximum number of attendees and the occupancy load shall be determined by the City of Virginia Beach Fire Marshal. 5. No outdoor amplified music shall be permitted after 10:00 p.m. 6. All parking for the Assembly Use shall be on the property. 7. Handicap spaces shall be provided adjacent to the event area in accordance with all ADA requirements. 8. No less than one trash receptacle per 1,000 square feet of sales area shall be provided. All trash receptacles shall be emptied regularly so as not to overflow, and litter and debris shall not be allowed to accumulate. 9. Any outdoor storage of stalls or other materials is prohibited. 10. A Certificate of Occupancy and all applicable approvals from the Fire Prevention Bureau must be obtained for use. 11. Prior to each event, the applicant shall notify the Police Department, the Fire Prevention Bureau, the Health Department and Emergency Medical Services of the event's time, size, and scope of activities. 12. The final stormwater plan submitted to the Development Services Center(DSC) shall be in substantial conformance with the preliminary stormwater analysis, unless otherwise approved by the DSC, using the same basis of design that includes increased rainfall amounts and consideration for sea level rise. 13. Virginia Beach Health Department approval as required of well and/or septic systems shall be obtained during site plan review. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. From: Suzanne Lownsbury To: Elizabeth D.Nowak Subject: 1833 Princess Anne Rd Property Date: Tuesday,July 26,2022 10:11:40 PM CAUTION:This email originated from outside of the City of Virginia Beach.Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Elizabeth Nowak, It is with pleasure that I write to endorse the application of Michael and Megan Daubert to construct a local wedding and events venue at 1833 Princess Anne Rd in Pungo. What the Daubert's develop will be beautiful and sure to add value to the surrounding area and our city as a whole. Having resided in Virginia Beach for most of my life, and with strong family ties to the Beach and the former Princess Anne County, I believe the addition of another venue for celebratory occasions or to appreciate the arts would benefit the broader community, especially in the bucolic area of Pungo where they wish to situate the Hall. As the Director of Ballet Virginia (with studios here at the Beach and in Norfolk), I encourage the expansion of all venues which might feature cultural activities. Please look favorably on the Daubert's application. It would be another positive statement for our City. Sincerely, Suzanne Lownsbury Suzanne Lownsbury 757.581.4691 cell From: Michael Roseberry To: Elizabeth D.Nowak Subject: Daubert Assembly Use Permit Date: Wednesday,July 27,2022 12:25:29 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. Ms.Nowak, My name is Michael Roseberry, I am also a professional in the construction industry in Hampton Roads and have lived in the city of Virginia Beach for the past 6 years. I fully support Mike and Megan Daubert and their request for an assembly use permit to build and operate a wedding and event venue on the property at Back Bay Farms. Mike and Megan have a genuine love for Virginia Beach and an overwhelming desire to continually make a positive impact on their surrounding community. I've known them personally for many years and have seen their hard work and unwavering dedication in action. This passion and drive, combined with their overall vision for the project, is certain to produce a product which will add tremendous value to the area for generations to come. An event venue of this caliber will not only fill a necessary void locally but will also serve to prevent any number of less attractive options from coming to fruition on the same property. As a local resident I am excited for this project and sincerely hope you will grant their request for an assembly use permit. Michael Roseberry From: )essica White To: Elizabeth D.Nowak Subject: In Support of Mike and Megan Daubert Date: Tuesday,July 26,2022 7:37:18 PM CAUTION:This email originated from outside of the City of Virginia Beach.Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Planning Commission and City Council of Virginia Beach- My name is Jessica Schudda White and I am a native to Virginia Beach. I grew up in Great Neck, attended Ocean Lakes High School, and currently live in Kings Grant with my husband and two daughters. I have a large extended family that lives all across the Tidewater area. We absolutely love this area and are grateful to call Virginia Beach our home. This letter is to express my support of Mike and Megan Daubert and their request for an assembly use permit to build and operate a local wedding and events venue at Back Bay Farms. I am confident that, if given the opportunity,the Dauberts would create a warm,welcoming, one-of-a-kind venue that would add incredible value to our community while maintaining the unique history and charm of the Pungo area. I have known Mike and Megan for over 15 years now, and am always blown away by their many talents and sincere generosity in which they share said talents. They put their all into any and every project they are a part of, so I have no doubt they would do the same if they were given the opportunity to create their dream wedding event space in the Pungo area. I urge you to grant permission for Mike and Megan Daubert to move forward with their proposed initiative because this is truly the kind of development that is good for Pungo and transformative to the Virginia Beach economy. Please let me know if you have any questions at all. Jessica Schudda White j.schudda.white@gmail.com 757-748-2932 G RAC E Bible Church July 20,2022 Virginia Beach City Council Members Virginia Beach Planning Commissioners Dear Ladies and Gentlemen: I am writing to support Mike and Megan Daubert and their request for an assembly use permit to build and operate a local wedding and events venue at Back Bay Farms. I have been a resident of Virginia Beach for 23 years. I serve as Co-Lead and Executive Pastor of Grace Bible Church,which operates a campus in the Lynnhaven area.We will be opening a new campus in the Strawbridge area,initially at Corporate Landing Middle School.As you may be aware,we are hoping to build a permanent facility on our property on London Bridge Road. I also own a strategy consulting business,Straight Path Management,that has operated in Virginia Beach since 1999. The Dauberts are active members of our church. I can vouch for their character,and I am confident they will be trustworthy in all they commit to do. I have had the opportunity to meet with them and review their plans for Back Bay Farms.As a long-time resident of our city, I care deeply about the thoughtful development of our open spaces,especially the southern part of our city. I believe their plan represents a beautiful addition to the Pungo area,well in keeping with its rural feel. I wholeheartedly endorse this project. Sincerely, 2/1/(0,7,11- g-€:( Matt Breitenberg Co-Lead and Executive Pastor E I 2956 ANSOL LANE I VIRGINIA BEACH. VA 23452 > 757.496.5700 > GRACEBIBLE.CHURCH From: Anna Cheracles To: Elizabeth D.Nowak Subject: Back Bay Farms-Dauberts Date: Thursday,July 21,2022 9:13:43 AM Attachments: jmage001.Dng jmage002.Dng CAUTION:This email originated from outside of the City of Virginia Beach.Do not click links or open attachments unless you recognize the sender and know the content is safe. City of Virginia Beach- My name is Anna Cheracles and I am a small business owner in Virginia Beach and have lived here since my family moved in 1991. My husband and children were also born and raised here in our beautiful city. We have known Mike and Megan Daubert and their sweet children since they moved into the home next door to ours in 2016. They are wonderful neighbors,friends and VB entrepreneurs.The vision and plans they have for Back Bay Farms is going to bring so much value to our city,which we are in need of! I can see families not only enjoying the wedding venue,but the entire plans for the property-we can't wait to see it come to life! There aren't many venues in our area that can accommodate the amount of people that their venue plans to hold(unless you rent a ball room of some sort,which isn't for everyone,and can be extremely costly)so this will give our city an edge when it comes to large events. When they told us about their vision for Back Bay Farms,we were totally taken back. First off,what a GREAT thing for Virginia Beach,and if anyone is going to do it and make it a huge success for our city,it will be the Dauberts! Mike is such a great realtor- It's inspiring to see someone achieve such success in just a few years! I can personally attest to his genuine want of helping people find where they belong. He found the perfect home for my Aunt and Uncle who retired from New York to Virginia Beach in 2018.He was extremely kind and patient with my Uncle who was experiencing the onset of dementia and they still express how thankful they are for us bringing them together. Megan also works with Mike in his real estate business and their I Love VB Podcast business venture and somehow has time to volunteer her amazing voice,talents and love of God at our local Grace Bible Church. They are truly gems and Virginia Beach is so lucky to have residents like them who want to help build value in our city. I personally see Megan as the Joanna Gaines of VB! Mike and Megan make such a great team in their businesses and building this wedding venue, giving people the event of their dreams,is extremely fitting for them. My husband and I run our business together so I know what it takes for this type of partnership to work. The Dauberts are truly a dream team and I know that they will make this happen given the opportunity and support from our city. We are so excited and give them 110% of our support in their request for an assembly use permit to build and operate a local wedding and events venue at Back Bay Farms. I hope you will see what an amazing family the Dauberts are and support their dreams to bring this little slice of heaven in Pungo at Back Bay Farms a reality! Thank you, 14 v►rtaw CheracZ' SERVPRO. Cleaning.Restoration.Construction. Virginia Beach-Oceana/Dam Neck-Green Run 757.431.1400 2633 Production Road Virginia Beach, VA 23454 An IICRC& Xactimate Certified Firm Ask about our CERTIFIED 9 Certified: SERVPRO Cleaned Program. CLEANED • A higher standard of clean. Check out our links: See our FREE Emergency Ready Program -click this link below AND ENTER THIS AS USERNAME:ERP@spofvb.com Password: ready Our Facebook page Our Website Emergency Ready Program "FREE" Our Employees/Crew See what our Customers are saying... Our Certifications & Affiliations This message and accompanying documents are covered by the Electronic Communications Privacy Act, 18 U.S.C. §§ 2510-2521, and contain information intended for the specified individual(s) only.This information is confidential. If you are not the intended recipient or an agent responsible for delivering it to the intended recipient, you are hereby notified that you have received this document in error and that any review, dissemination, copying, or the taking of any action based on the contents of this information is strictly prohibited. If you have received this communication in error, please notify us immediately by e-mail, and delete the original message. Eig] G R AC E Bible Church July 20, 2022 Virginia Beach City Council Members Virginia Beach Planning Commissioners Dear Ladies and Gentlemen: I am writing today in support of my good friends and long-time members of Grace Bible Church, Mike and Megan Daubert. Several months ago I met with Mike and Megan to learn more about their planned wedding venue at Back Bay Farms, and I am excited to fully endorse their project. I was married in Virginia Beach In 1997, and after moving away for 5 years, returned in 2003, and for the past 19 years, I have been a pastor at Grace Bible Church. During that time we moved from a rented facility on Shore Drive to a permanent building in the Lynnhaven area, including one additional expansion. This fall we are launching our Strawbridge Campus in Corporate Landing Middle School, with plans for a permanent facility on London Bridge Road. i can tell you from first-hand experience that whatever Mike and Megan put their minds to will be done with excellence. They are trustworthy members of our community who will do what they say they will do. They are committed to the overall health of our city, including supporting local businesses through their I Love VB Podcast. And it Is their desire to see Virginia Beach thrive that motivates them to help futFll our need for a beautiful new wedding venue in Southern Virginia Beach. It Is my privilege to enthusiastically support their endeavor. Sincerely, r f- _ Eric Sanzone Co-Lead Pastor Grace Bible Church 2956 ANSOL LANE I VIRGINIA BEACH, VA 23452 r 757.496.5700 > GRACEBIBLE.CHURCH From: Jeffrey McWaters To: Elizabeth D.Nowak Subject: 1833 Princess Anne Road Date: Monday,July 25,2022 11:50:08 AM CAUTION:This email originated from outside of the City of Virginia Beach.Do not click links or open attachments unless you recognize the sender and know the content is safe. To: Virginia Beach Planning Commission and City Council From: Jeff McWaters Member, Virginia Senate (retired) Subject: AssemblyUsepermit request for 1833 Princess Anne Rd. Dear Commissioners and Counsel, I'm writing in support of the project, requested by Megan and Mike Daubert known as,Assembly Use permit request for 1833 Princess Anne Rd. I have met with the Daubert's and reviewed the business plans and vision for the project. I find them to be compelling and in full consideration of the unique property at Princess Anne Road in Pungo. I believe this to be a complement to both the Pungo community and our resort destination,promoting family and wedding venue opportunities. Please feel free to contact me regarding any questions or thoughts you may have. I am currently not an investor and have no financial interest. Thank you for your strong consideration. Sincerely, /s/Jeff McWaters To whom it may concern, My name is Kristyn and I am a wedding planner professional in Hampton Roads. I have had the privilege of working for Emily Weddings & Events for over 3 years now. Emily Weddings itself has served hundreds of couples for over 15 years in Hampton Roads. As a wedding planner and a recent bride, I have seen for myself the lack of venues that can meet all the needs of a couple. A main concern of many couples is venue size. Most venues in this area are not able to accommodate guest counts of 150+ with a viable indoor option. The few venues that do accommodate this are outdated with carpet &wallpaper—not in fashion with the majority of our couples. The Dauberts understand these issues and the clientele they desire to serve. I am confident that they will create and operate a modern, accommodating wedding venue. I have personally seen the passion that they put into every endeavor. In creating a successful podcast showcasing amazing businesses throughout the Hampton Roads area, they have demonstrated a love for this area and a genuine care for the people and businesses of Virginia Beach. Mike & Megan's wedding venue at Back Bay Farms would operate in a market that is currently underserved, not only effectively meeting the practical needs of couples, but doing so in a way that shows genuine care, providing an irresistible wedding environment that I would be proud to support, both personally and professionally. Thanks, Kristyn Duenke From: Christina To: Elizabeth D.Nowak Subject: Daubert Support Letter Date: Wednesday,July 27,2022 9:26:27 AM (CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. Virginia Beach City Council and Planning Commission, Thank you for taking the time to read each of these letters regarding the Back Bay Farms Wedding and Event Venue Project. My name is Christina Owens, and along with many generations of my family, I was born and raised in Virginia Beach. My great-great grandfather was a magistrate of Princess Anne County years ago when it spanned from Ocean View to the North Carolina line, my husband and I grew up off of Indian River Road, not far from the project, and we are raising three young children that we hope will be lifelong VB residents as well. Indeed, my roots in Virginia Beach are deep, and I have great interest in the people who will steward the past, present, and future of this special community. Today, as you look at developing the precious corner lot at Back Bay Farms, I want to be sure development decisions are in the hands of people who understand our city, its needs, and its people. I want people who will curate the land with reverence for its history and location in the transition zone, and people who have a relevant and purposeful vision for its future. I believe Megan and Michael Daubert are those people, and want to ask you to approve their permit and plan for this property. I am confident the market analysis of our area's Wedding Industry substantiates the need for this venue. I think it is also clear the Daubert's plan for this property is one of the best fitting projects to be presented over the years; much better than a housing development or other high density project. As a result, I will let that data speak for itself and would like to take a moment to share what the data and research cannot; that Mike and Megan Daubert are exactly the people our city wants in a position to steward Back Bay Farms. I first met the Dauberts in the lobby of our church while wrangling my 9 month old son. They instantly made a connection (their youngest son was just 18 months at the time) and invited my family and me to dinner. Since that time, I have come to know them as the friends, business owners, and community members that constantly open their home (and their arms) to cultivate community and care for people. When a home a few streets away from theirs caught on fire, they rallied neighbors and our church group to provide meals and gifts cards for a family they barely knew. When Michael was presented with an idea to serve teachers at a local elementary school, he took the idea to the next level, setting up and providing a hot breakfast for the entire staff. Indeed, Megan and Mike are the first to show up to a door with food in a time of need, and to activate their community to serve others. They are coaches, church worship and bible study leaders, and thoughtful neighbors, and any community would benefit by their presence. I'm thankful they are looking to continue serving in the southern area of Virginia Beach! In addition to their hearts of service, Megan and Michael are intelligent and discerning professionals. Everything they do, whether it is for their own business or community service, is done with excellence and attention to detail. When planning an event for over 150 women at our church, I was able to see Megan's event planning experience on full display. Every aspect of the event was considered, down to the flow of foot traffic around the event, the clarity of communication to guests, and of course, the look and feel of the event space. When launching their business, as well as a new group for women we created at our church, her eye for tasteful and beautiful design, as well as her understanding of how people receive information, was evident. I am confident that whatever she designs will be paramount to anything of its kind in the area, quite possibly the state, and will add charm, beauty, and value to the community where it exists. Please grant them full approval so Virginia Beach will benefit from their vision! As a longtime citizen of Virginia Beach, and someone who cares so deeply about the history of this city, I also want to point out that Michael was a history major at the University of Virginia. He has a passion for the stories and experiences of a community, and for this reason I know he will steward this coveted property in our beloved city unlike many others. am extremely hopeful the board will approve the Back Bay Farms Project and entrust development of this land to Mike and Megan Daubert. I am so excited for our community to have this venue, and am so grateful to them for taking on the challenge of developing this part of our beloved city. Thank you, Christina Owens Christina C. Owens, M.T.. NBCT 7/27/2022 From: Dr. Keith Newbrough 2261 Cedar Crescent Court Virginia Beach,VA 23457 To:Virginia Beach Planning Commission/Council Members To Whom It Concerns: My name is Keith Newbrough and I am a physician in Virginia Beach. My family of five moved to Virginia Beach in 2012 and we relocated into the Pungo portion of Virginia Beach 2 years ago. I am writing you in support of Mike and Megan Daubert and their request for an assembly use permit to build and operate a local wedding and events venue on the property at 1833 Princess Anne Rd. Expansion and growth across southern Virginia Beach will inevitably happen, including expansion into portions of the Pungo region,given the water constraints on the northern and eastern flanks of our city. I have seen the preliminary plans for development on this site and feel as though the Daubert's vision for the property will reflect the desire in our local community to balance strategic thoughtful growth with the preservation of greenspaces and, in doing so, maintain a rural feel that so many of us in the Pungo region love. I am confident that the added structures will be tasteful to the regional influences and add value to the surrounding community. With the above, and in knowing the Daubert's heart for their community, I support their application. Sincerely, Keith Newbrough MD 7/27/2022 To Whom It May Concern, My name is JoBeth Currie and my husband, Adam, and I are local residents in the surrounding Pungo area. As members of the community, we are thrilled to offer our support of Mike and Megan Daubert and their business ventures moving forward. We moved to the Virginia Beach area in the summer of 2020 and have fallen in love with the community, the people, and the attractions of the city, especially those near the Sandbridge and Pungo area. As newer residents, we were so excited to hear and support the Dauberts' business proposal. The idea of a stunning wedding venue in an already beautiful environment seems like such a great opportunity for the city, not only for the members of the community, but also for other local businesses and for visitors looking for a beautiful destination venue. There is no doubt in our mind that the Dauberts are the right people to take on this venture. With their knowledge and passion for the city of Virginia Beach and their integrity as business professionals, we would hope to see that they are the team that gets the opportunity to build out their vision in making this venture a beautiful attraction and business opportunity for the city and the surrounding communities. As Virginia Beach residents, we fully support Mike and Megan and hope that this letter provides assurance to you all in granting approval for their Assembly Use permit. Thank you, Adam and JoBeth Currie To Whom It May Concern, My name is JoBeth Currie and my husband, Adam, and I are local residents in the surrounding Pungo area. As members of the community, we are thrilled to offer our support of Mike and Megan Daubert and their business ventures moving forward. We moved to the Virginia Beach area in the summer of 2020 and have fallen in love with the community, the people, and the attractions of the city, especially those near the Sandbridge and Pungo area. As newer residents, we were so excited to hear and support the Dauberts' business proposal. The idea of a stunning wedding venue in an already beautiful environment seems like such a great opportunity for the city, not only for the members of the community, but also for other local businesses and for visitors looking for a beautiful destination venue. There is no doubt in our mind that the Dauberts are the right people to take on this venture. With their knowledge and passion for the city of Virginia Beach and their integrity as business professionals, we would hope to see that they are the team that gets the opportunity to build out their vision in making this venture a beautiful attraction and business opportunity for the city and the surrounding communities. As Virginia Beach residents, we fully support Mike and Megan and hope that this letter provides assurance to you all in granting approval for their Assembly Use permit. Thank you, Adam and JoBeth Currie Virginia Beach Planning Commission 2405 Courthouse Drive Virginia Beach,VA 23456 July 28, 2022 To the Members of the Virginia Beach Planning Commission: Eric and I have lived in Virginia Beach since 2006.We lived in Chic's Beach until 2013, and then moved to the Southern Woods/LagoMar neighborhood, about five minutes from Pungo. We still own our original home in Chic's Beach and also have a rental property in the Foxfire neighborhood off Seaboard Road, also about five minutes from Pungo. Owning these properties, living in these neighborhoods and investing in this community have given us a stake in the businesses that are developed in this city, particularly on the southern side. It has also afforded us the opportunity to meet many Virginia Beach residents that are working to make this city a better place to live in, do business in and visit. One of those couples is Megan and Michael Daubert, and we are writing this letter to support them in their request for an assembly-use permit to build and operate a local wedding and events venue at Back Bay Farms. We have known Megan and Mike since 2016 on both a personal and professional level and have seen them build their own real estate and marketing businesses from the ground up. As a small anecdote to how they feel about Virginia Beach -they write and produce a podcast entitled "I Love VB"! They are diligent, thoughtful, wise, creative and prudent in how they run their businesses and their character shines through in all they do. We have the upmost trust in the Daubert's that the wedding and events venue they build and operate will be beautiful and tasteful and will be a value-add to our end of the city. Having shopped around for wedding venues this past year with my younger sister, I can confidently say that the city does not offer many options for events of this nature outside of hotels. The city has so much to offer in terms of landscape from water views to farm life but not many venues,particularly on the southside of Virginia Beach demonstrate this. We cannot recommend Megan & Mike enough as professional and thoughtful individuals who love Virginia Beach, are seeking to invest in the city and the people who live,work and visit here and will grow an events business in Pungo that is worthy of all that our city has to offer! Thank you for your consideration, Katie&Eric Donahue 2561 Level Loop Road Virginia Beach,VA 23456 Odp ukf Marketplace at Hilltop FSR 749 First Colonial Road Virginia Beach,VA 23451 Telephone 757.437.8928 Fax 757.437.8929 Dear Planning Commissioners and City Council Members: My name is Natalie Cheney and I have lived in Virginia Beach for over 20 years. I am the owner of the Chick-fil-A at Hilltop in Virginia Beach for 8.5 years.We love how Virginia Beach brings the community together.We are excited for our friends, Mike and Megan Daubert,as they add to the community with a local wedding and events venue at Back Bay Farms. I remember when we got married in Virginia Beach 14 years ago. It was so hard for us to find a venue that we ended up having the reception on the naval base...which was less than amazing. So I'm excited for this venue! It will be beautiful and add value to the whole city.We just might need to renew our vows there Please let me know if you have any questions. Sincerely, Natalie Cheney 757.232.6193 From: Holly McCabe To: Elizabeth D.Nowak Subject: Letter of Support for Michael and Megan Daubert-Back Bay Farms Permits Date: Sunday,July 24,2022 12:52:07 PM CAUTION:This email originated from outside of the City of Virginia Beach.Do not click links or open attachments unless you recognize the sender and know the content is safe. To whom it may concern: My name is Holly McCabe and I am a resident of the great city of Virginia Beach. I am a nurse at Sentara Princess Anne Hospital and also help my husband run a small non-profit called Virginia Beach Fellows. We work with young professionals out of college and integrate them into this community while providing service and vocational training. We have been longtime friends of Michael and Megan Daubert. We first met them as undergraduate students at the University of Virginia and reconnected in 2018 when we moved to VB to start Virginia Beach Fellows. We have known both Michael and Megan to be leaders in this community who seek the welfare of our neighbors and desire to serve others. Michael has been a volunteer soccer coach for girls with the Rush League for the past 4 years. Megan has been serving as a leader within our fellows program as a mentor for young women among many other volunteer commitments. They are leaders in their faith community and the city. Their development of the I heart VB podcast has been an integral part in attracting young people to our area and provides support for local businesses. Michael and Megan would be the perfect people to develop and operate a local wedding and events venue! I am certain that the Dauberts would develop a tasteful and lovely venue that would add value to our city! I have watched them for years as they have dreamed of this venue and have done the many hours of work required to pursue this dream. I know that a venue like this in the Back Bay Farms area would benefit all residents of the Pungo and Virginia Beach area. We relocated to this area for Charlottesville four years ago and we often lament the lack of beautiful and tasteful outdoor venues for events like we experienced at the many venues and vineyards around Charlottesville. The wedding and events industry is only growing and attracting these events to the Pungo area will certainly boost the economy and increase property values. Please accept my whole-hearted support of Michael and Megan and allow them to have the assembly use permits required to operate and build this venue. They are the perfect people to steward this project and you will not be disappointed. Sincerely, Holly McCabe From: Mallory To: Elizabeth D.Nowak Subject: Letter of Support for Mike&Megan Daubert Date: Monday,July 25,2022 9:25:51 AM CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Planning Commission & City Council Members, My name is Mallory Clark and I am a long-time resident of Hampton Roads as well as a professional in the wedding industry. I am writing to state my support for Mike & Megan Daubert and their request for an assembly use permit to build and operate a local wedding and events venue at Back Bay Farms. This venue is needed in this area and will be a valuable asset to Virginia Beach. As a wedding professional, I have been to most venues within the area and have seen the need for a well-planned, larger venue. A larger wedding venue is needed because many brides look to other cities to accommodate their guest counts. Not only this but many local venues are booked up for a year or more, forcing couples to look outside the area for wedding locations. This venue would generate a great deal of business for many companies in the area. Not only attracting people from Hampton Roads to use the venue but becoming a destination spot for those wanting a beach wedding. My family has known the Dauberts for many years and I am certain their development will be elegant, tasteful, and a benefit to the community. They are community oriented and respected citizens always looking to help. If development is going to happen in that area of Pungo then I would hope it is the Dauberts who get to create and cultivate it. Thank you for your consideration. Sincerely, Mallory Clark From: Blake Dozier To: Elizabeth D.Nowak Cc: Caroline B.Dozier Subject: Letter of Support for Mike and Megan Daubert to Develop Back Bay Farms Date: Tuesday,July 26,2022 11:22:07 AM CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. To the members of the Virginia Beach Planning Commission and City Council: My name is Blake Dozier and I am a life-long resident and business owner in the city of Virginia Beach. I am a member of Virginia Beach Vision and on the board of multiple local charities based in Virginia Beach. I am writing this letter to voice my support for Mike and Megan Daubert and their request for an assembly use permit to build and operate a local wedding and events venue at Back Bay Farms. I am confident that what they will develop will be beautiful,tasteful and add value to the surrounding area and our city as a whole. Their proposed development will drive tourism and visitors from out of town for weddings and events,which is needed in Virginia Beach. If development is going to happen in that area of Pungo then I would trust the Dauberts to create and cultivate it. I can attest that they are high character individuals who are involved in the community not only in business but volunteer work as well. I am confident that they will conduct themselves professionally as they bring this project to fruition. I am recommending that you grant Mike and Megan Daubert the permits required to move forward with this project. Please do not hesitate to contact me if you have any questions. Sincerely, Blake Dozier Owner OnPoint Building Services 1620 Centerville Turnpike, Suite 116 Virginia Beach, VA 23464 Blake Dozier OnPoint Building Services 757-286-8327 onpointserviceco.com From: )ay McCabe To: Elizabeth D.Nowak Subject: Letter of Support for Mike and Megan Daubert Date: Wednesday,July 27,2022 12:21:14 PM CAUTION:This email originated from outside of the City of Virginia Beach.Do not click links or open attachments unless you recognize the sender and know the content is safe. To Whom it May Concern: My name is Jay McCabe and I am writing to support Mike and Megan Daubert in their request for an assembly use permit to build and operate a local wedding and events venue at Back Bay Farms. My wife, Holly, and I moved to Virginia Beach 4 years ago with our three elementary- age kids to launch a non-profit called VB Fellows.We have loved living in Virginia Beach and look forward to being here long term. I've known Mike and Megan for the past 19 years, since we met in college at UVA, and I can attest to their genuine and caring character. When my family was in a car accident during our first year living in VB,the Dauberts were the first people to come and make sure we were OK. When I was struggling to adjust to living in a new place with a new job, Mike was a great friend and supporter of our non-profit. The Dauberts have also inspired us by their desire to see Virginia Beach become an even greater place to live,work,play and raise a family. They started the I Love VB Podcast, have hosted community events (like Norfolk Tides nights and Podcast parties), and now have a vision for a wedding and event venue that will serve our area incredibly well. I hope you will give the Dauberts the opportunity to develop this property into the beautiful space they've designed. They're the type of people, I believe, we need leading projects like this in Virginia Beach. Sincerely, Jay McCabe VB Fellows Co-Founder 757-204-1795 Jay McCabe From: pebra Childs To: Elizabeth D.Nowak Subject: Letter of support Date: Wednesday,July 27,2022 12:38:26 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. Elizabeth, Greetings! I am so excited about Megan and Mike Dauberts project at 1833 Princess Anne Road. Everything they do they do with excellence! I live in the community of Courthouse Estates. Our community does need an area for events and lodging. I feel like the aesthetics of a wedding venue in the area will fit well in our community and support the growth of families. Moreover there is a depth of connection that comes to a community when you help to host and celebrate events in each other's lives. It truly would be an honor to have this as a staple in our community. I am writing to support the request for an Assembly Use Permit for their proposed wedding venue. Thank you so much for your work on this and I am excited to see all the positive changes this will add to our community. All the best, Debbie Childs Debbie Childs, REALTOR® The Real Estate Group 401 N Great Neck Road Virginia Beach, VA 23454 757-334-4602 Cell IMPORTANT WIRE FRAUD NOTICE:Never trust wiring instructions sent via email.Cyber criminals are hacking email accounts and sending emails with fake wiring instructions.These emails are convincing and sophisticated.Always independently confirm wiring instructions in person or via telephone call to a trusted and verified phone number.Never wire money without double-checking that the wiring instructions are correct. From: Krista Carpenter To: Elizabeth D,Nowak Subject: Promote Pungo Date: Tuesday,July 26,2022 9:27:19 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. Planning Commission and City Council of Virginia Beach, My name is Krista Black and I have the privilege of living in the wonderful town of Virginia Beach in the beautiful Pungo area. As a local resident it would be a great asset to our community to have a wedding venue down the road. As a personal friend of the Daubert's,they make the perfect team to create this wedding oasis.Their leadership, integrity and love for Virginia Beach and the Pungo area would be sure to uphold Pungo's character and values thus making it prosper and adding value to the surrounding area. Thank you for your consideration, Krista Black From: Herb To: Elizabeth D.Nowak Subject: Mike Daubert Back Bay Farms,Inc Date: Tuesday,August 9,2022 1:09:59 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. Good afternoon Ms. Nowak, I left a message to speak with you in regards to the noted subject planning matter for Wed.August 10, 2022. As an adjacent property owner and mutual business owner(Wedding Venue),we do not have a problem with Mr and Mrs. Daubert having an assembly permit. Respectfully, Herbert and Carolyn Culpepper From: Herb<pungorealt@aol.com> Sent:Tuesday, August 9, 2022 3:25 PM To: Elizabeth D. Nowak<ENowak@vbgov.com> Subject: Re: Mike Daubert Back Bay Farms, Inc 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. Thank you and please allow this email to be a formal letter of support . Herb and Carolyn Culpepper Original Message From: Elizabeth D. Nowak<ENowakvbgov.com> To: Herb<pungorealt@aol.com> Sent: Tue, Aug 9, 2022 1:54 pm Subject: RE: Mike Daubert Back Bay Farms, Inc Good Afternoon Mr. Culpepper, Thank you so much for following up with me by email—I had not received your voice message. I can include your email in the supplemental packet to the Planning Commission and City Council if you consider this a formal letter of support for the project. Please let me know by 4:00 p.m. today if that is the case. Sincerely, Elizabeth Nowak, Planner II I she/her City of Virginia Beach Planning & Community Development Planning Administration Division 2875 Sabre Street, Suite 500 Virginia Beach, VA 23452 (757) 385-3066 (Direct) (757) 385-4621 (Office) ENowak@vbgov.com From: Herb To: ,Elizabeth D.Nowak Subject: Re: Mike Daubert Back Bay Farms,Inc Date: Tuesday,August 9,2022 3:57:05 PM Attachments: jmage001.png 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. We have properties at 2041, 2049, 2073, and several vacant lots all on Indian River Road. Original Message From: Elizabeth D. Nowak<ENowak@vbgov.com> To: Herb <pungorealt@aol.com> Sent: Tue, Aug 9, 2022 3:25 pm Subject: RE: Mike Daubert Back Bay Farms, Inc Thank you for confirming.This will be included in the supplement packet for this agenda item. Sincerely, Elizabeth Nowak, Planner II I she/her City of Virginia Beach Planning & Community Development Planning Administration Division 2875 Sabre Street, Suite 500 Virginia Beach, VA 23452 (757) 385-3066 (Direct) (757) 385-4621 (Office) ENowak@vbgov.com flri NIBPlanning & Community Development From: Herb To: Elizabeth D.Nowak Subject: Re: Mike Daubert Back Bay Farms,Inc Date: Tuesday,August 9,2022 3:58:26 PM Attachments: image0ol.pnq !CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. All the properties listed as HAC Properties II LLC Original Message From: Elizabeth D. Nowak<ENowak@vbgov.com> To: Herb <pungorealt@aol.com> Sent: Tue, Aug 9, 2022 3:25 pm Subject: RE: Mike Daubert Back Bay Farms, Inc Could you please clarify the address of the property that is adjacent to the Daubert's project site? Elizabeth Nowak, Planner II I she/her City of Virginia Beach Planning & Community Development Planning Administration Division 2875 Sabre Street, Suite 500 Virginia Beach, VA 23452 (757) 385-3066 (Direct) (757) 385-4621 (Office) ENowak@vbgov.com VBPlanning : Community I) rvrInprnrnt From: Herb<pungorealt@aol.com> Sent:Tuesday, August 9, 2022 3:25 PM N w a 6/ c 1 r ie- u Na► c / - 0---- V‘. - c •R / I c '-f / , ct/ cc 06 a -0 •- -0 IL 01 6 \ I vs -0 u co vo Li,_ fi6.// t ,op x‘io El- E ° 41 CO IN e.0 \ ''''\ T.) CD a� �O o CD */ ..0 1.- 7i 0 Si6 O 09 O p • Ve 0 o - to I ° s6P\ N o\ 0 xr oil . . it% , I4 's\ \ 4\ is c E Ge_ \ # , ,, 0 o 0 1----0 ri -'- ' \ GZ \t�V \ O s°0 \4\ 0U C.11 0 \ \ ) \NI °() W \ RI C 0,0- \ ,' \ a. 2 2e' V co : °C1‘43 o e • o%\""iee ' — %�- �� "I"° \ 0 0 o 4 sA c, 5 r s �: ♦ >-, �. ,c), \t - , �' N y 0 v, 4\\"mm\" / 't cmcu c c I •1R a� c — 0 )E?.3 r 1. v# ' , _VI cn L N m o o0 a 0 ,o' Ntrl i°4 . S fp y S ) ft. t e, CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: AMERCO REAL ESTATE COMPANY [Applicant] THOMAS BRILL IRREVOCABLE TRUST, HOWARD E. GORDON, TRUSTEE [Property Owner] Conditional Use Permits (Mini-Warehouse & Truck & Trailer Rentals) for the property located at the southern corner of the intersection of Holland Road and Stoneshore Road, west of 3427 Holland Road (GPIN 1486810742). COUNCIL DISTRICT 10, formerly ROSE HALL MEETING DATE: September 20, 2022 • Background: The applicant plans to develop a new U-Haul Moving and Storage Store on an undeveloped 4.41-acre parcel. As part of this new development, the applicant is requesting two Conditional Use Permits: one for a Mini-Warehouse and one for Truck and Trailer Rentals. The applicant will construct two warehouse buildings: Building A will be an 89,915 square-foot, two-story warehouse building with interior, climate-controlled personal storage units and a lower level and Building B will be a 19,498 square-foot warehouse building intended primarily to store U-Box storage container units. Office and retail space will be located in Building A, as well as interior drive-up storage access. A loading dock is proposed on the east elevation of Building B, near the center of the parcel. A display area with a maximum of three truck and trailer rental vehicles will be located along Holland Road. Trucks or trailers not being displayed for rent will be located in the vehicle shunting area. On a very limited basis, U-Haul may authorize customers with storage units to access the site via key cards and/or PIN numbers outside of typical operating hours. The applicant has stated that they expect little to no access of Building B after 5:00 p.m. as it will be used primarily for storage of mobile storage pods. • Considerations: The project site is in the Suburban Area of the City according to the Comprehensive Plan, which calls for the development of "Great Neighborhoods" through quality residential development and complementary non-residential uses. As there are other uses than residential along this portion of Holland Road that are deemed compatible with Naval flight operations and appropriate adjacent to residential neighborhoods, the opportunity to develop this site with a residential use is extremely minimal and the proposed uses are compatible with residential AMERCO Real Estate Company Page 2 of 7 areas. This parcel is also located in the 65-70 DNL noise zone of the AICUZ and Sub-Area 3; these uses are compatible with these zones. As required, buffers and screening will be installed along the property lines adjacent to residential areas. The applicant indicates that they will retain as much healthy, non-invasive vegetation as possible within a 20-foot buffer along the east property line to additionally screen the use from the adjacent Tivoli Apartments. Conditions 1 and 2 are recommended to reduce large expanses of impervious areas, to define the southern edge of the proposed shunting/vehicle storage area, and to provide additional softening and screening from the right-of-way on Stoneshore Road. In addition to the shunting area, the applicant proposes truck and trailer parking along the south elevation of Building A. While close to the residential properties on Smoke Tree Lane, this organized and demarcated parking area will have minimal impact the neighboring residents as its use will be a relatively passive activity. The applicant is proposing a 20-foot wide rear yard in this area—exceeding the minimum yard width that is required by five feet—and to locate the parking spaces against the building. Also, Condition 17 is recommended for the truck and trailer operation to minimize noise impacts to the neighbors that will limit the moving, parking, and relocating of vehicles in this area to only occur between 7:00 a.m. and 8:00 p.m. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. There is no known opposition to this request. ■ Recommendation: On August 10, 2022, the Planning Commission passed a motion to recommend these items on the Consent Agenda, passing a motion by a recorded vote of 10-0, to recommend approval of this request. Conditions for Conditional Use Permit for Mini-Warehouse: 1 . When the property is developed, it shall be in substantial conformance with the concept plan entitled "AMERCO REAL ESTATE COMPANY — PRELIMINARY SITE PLAN", dated 07/29/2022, and prepared by AMERCO REAL ESTATE COMPANY, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development, with the exception that the planting strip shown alongside the north elevation of Building B be moved to define the southern edge of the Shunting Area. 2. A Landscape Plan shall be submitted to the Development Services Center of the Department of Planning and Community Development for review and ultimate approval prior to issuance of a Certificate of Occupancy and shall be developed in substantial conformance with the landscape plan entitled "U- HAUL OF VIRGINIA BEACH", dated 07/29/2022, and prepared by PAINTED AMERCO Real Estate Company Page 3 of 7 FERN LANDSCAPE ARCHITECTURE, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development, with the exception that the planting strip shown alongside the north elevation of Building B be moved to define the southern edge of the Shunting Area. 3. As noted in the landscape plan entitled "U-HAUL OF VIRGINIA BEACH", dated 07/29/2022, and prepared by PAINTED FERN LANDSCAPE ARCHITECTURE, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development, existing healthy and non-invasive vegetation in the 20-foot wide side setback along the southeast parcel line shall be retained and maintained to supplement the Category VI landscape screening. 4. The exterior of the proposed building shall substantially adhere in appearance, size, materials to the submitted elevations entitled "MOVING & STORAGE OF TIDEWATER", 06/01/2022, and prepared by ADVERTISING & MARKETING ASSOCIATES, INC., which have been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 5. All signage shall be externally lit and no neon lighting visible from the rights-of- way and from any adjoining property shall be permitted to be placed on the Property. Any freestanding signage shall be monument style no taller than eight feet in height and externally lit with a brick base to match the building.) All signage shall meet the requirements and regulations of the Zoning Ordinance. A separate permit from the Department of Planning & Community Development is required for any new signage installed on the site. 6. All exterior lighting shall be low intensity and residential in character. All other exterior lighting on the property shall also be building mounted or ground level lighting which is not directly visible from the (main road)/According to Section 237 of the City Zoning Ordinance, all outdoor lights shall be shielded to direct light and glare onto the mini-warehouse premises; said lighting and glare shall be deflected, shaded, and focused away from all adjoining property. Any outdoor lighting fixtures shall not be erected any higher than 14 feet. 7. There shall be no electric or diesel power generator or generator fueled by any other source of energy located outside of any building. 8. The storage units shall be used only for storage of goods. The units shall not be used for office purposes, band rehearsals, residential dwellings, or any other purpose not consistent with the storage of goods. 9. Motorized vehicles for rental on the property shall be limited to trucks and trailers and shall be stored within the designated areas identified as the display AMERCO Real Estate Company Page 4 of 7 area and shunting area on the exhibit entitled "AMERCO REAL ESTATE COMPANY— PRELIMINARY SITE PLAN", dated 07/29/2022, and prepared by AMERCO REAL ESTATE COMPANY, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 10.The outdoor storage of containers, pods, crates, boxes, or similar mobile storage units shall be prohibited, except, mobile storage units may be placed outside for loading and unloading. In no case shall the mobile storage unit be placed outside for more than a 24 hour period. 11.No loading or unloading of stored goods shall occur in the public right-of-way. 12.No barbed wire, razor wire, or any other fencing devices shall be installed on the roof or walls of the building or on the sliding gate surrounding the loading zone. 13.Alterations to the existing median on Stoneshore Road shall be designed such that those alterations only permit a left turn from Stoneshore Road into the site. Any traffic exiting the site onto Stoneshore Road shall be restricted only to a right turn towards the Holland Road intersection. 14.A subdivision plat shall be submitted to establish boundaries of the lot during site plan review. Conditions for Conditional Use Permit for Truck & Trailer Rentals: 1 . When the property is developed, it shall be in substantial conformance with the concept plan entitled "AMERCO REAL ESTATE COMPANY — PRELIMINARY SITE PLAN", dated 07/29/2022, and prepared by AMERCO REAL ESTATE COMPANY, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development, with the exception that the planting strip shown alongside the north elevation of Building B be moved to define the southern edge of the Shunting Area. 2. A Landscape Plan shall be submitted to the Development Services Center of the Department of Planning and Community Development for review and ultimate approval prior to issuance of a Certificate of Occupancy and shall be developed in substantial conformance with the landscape plan entitled "U- HAUL OF VIRGINIA BEACH", dated 07/29/2022, and prepared by PAINTED FERN LANDSCAPE ARCHITECTURE, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development, with the exception that the planting strip shown alongside the north elevation of Building B be moved to define the southern edge of the Shunting Area. AMERCO Real Estate Company Page 5 of 7 3. As noted in the landscape plan entitled "U-HAUL OF VIRGINIA BEACH", dated 07/29/2022, and prepared by PAINTED FERN LANDSCAPE ARCHITECTURE, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development, existing healthy and non-invasive vegetation in the 20-foot wide side setback along the southeast parcel line shall be retained and maintained to supplement the Category VI landscape screening. 4. The exterior of the proposed building shall substantially adhere in appearance, size, materials to the submitted elevations entitled "MOVING & STORAGE OF TIDEWATER", 06/01/2022, and prepared by ADVERTISING & MARKETING ASSOCIATES, INC., which have been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. The color of the EIFS shall be a neutral and/or earth tone. 5. All signage shall be externally lit and no neon lighting visible from the rights-of- way and from any adjoining property shall be permitted to be placed on the Property. All on-site signage shall meet the requirements and regulations of the Zoning Ordinance. A separate permit from the Department of Planning & Community Development is required for any new signage installed on the site. 6. No more than three (3) trucks and trailers for rent shall be displayed in the display area as identified on the Concept Plan. Truck and trailers for rent not on display shall be parked in the area designated as "Vehicle Shunting Area" or the parking area adjacent to the southeast elevation of building a as shown on the concept plan "AMERCO REAL ESTATE COMPANY — PRELIMINARY SITE PLAN", dated 07/29/022, and prepared by AMERCO REAL ESTATE COMPANY. 7. The "Vehicle Shunting Area," as identified on the Concept Plan shall be screen, except for necessary openings for ingress and egress, from any public right-of- way or adjoining residential or apartment zoning district within one hundred (100) feet of the designated area by a fence not less than six (6) feet in height and Category VI landscaping and in substantial conformance with the fencing type exhibited in the Landscape Plan. The fence screening the "Vehicle Shunting Area" adjacent to Stoneshore Road may be as described in the concept landscaping plan as exhibited to the City of Virginia Beach. 8. All exterior lighting (as identified on the exhibit entitled shall be low intensity and residential in character. All other exterior lighting on the property shall also be building mounted or ground level lighting which is not directly visible from the right-of-way. According to Section 237 of the City Zoning Ordinance, all outdoor lights shall be shielded to direct light and glare onto the mini- warehouse premises; said lighting and glare shall be deflected, shaded, and focused away from all adjoining property. Any outdoor lighting fixtures shall not be erected any higher than 14 feet. AMERCO Real Estate Company Page 6 of 7 9. The site must be improved with all required screening and buffering as required in the Virginia Beach Landscaping Guide, including but not limited to, street frontage landscaping and foundation plantings. 10.Parking spaces and display area spaces must be clearly delineated on site plan and the parking lot must be striped in accordance with the approved plan. Vehicles, including trailers, are to be parked in the designated areas and no vehicles, including trailers, shall be parked within any portion of the public right- of-way. 11.The required foundation landscaping shall be permitted to be established in planter boxes along the front and side portion of the buildings. 12.No vehicle, including trailers, shall be parked, loaded, or unloaded within any portion of the public right-of-way. 13.No neon lighting visible from the rights-of-way and from any adjoining property shall be permitted to be placed on the Property. All on-site signage shall meet the requirements and regulations of the Zoning Ordinance. A separate permit from the Department of Planning & Community Development is required for any new signage installed on the site. 14.Sale of vehicles shall not be permitted on the site. 15.There shall be no on-site washing, detailing, or maintenance of any motor vehicles or trailers. 16.Alterations to the existing median on Stoneshore Road shall be designed such that those alterations only permit a left turn from Stoneshore Road into the site. Any traffic exiting the site onto Stoneshore Road shall be restricted only to a right turn towards the Holland Road intersection. 17.A subdivision plat shall be submitted to establish boundaries of the lot during site plan review. 18.Moving, parking, or relocating of vehicles to be stored in the parking area adjoining Building A shall be limited to between the hours of 7:00 a.m. and 8:00 p.m. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Letters of Support (9) AMERCO Real Estate Company Page 7 of 7 Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department *0,/0-0 :„....-v City Manager: Applicant AMERCO Real Estate Company Agenda Items °NB Property Owner Thomas Brill Irrevocable Trust, 11 & 12 Howard E. Gordon, Trustee Planning Commission Public Hearing August 10, 2022 Virginia Beach City Council District District 10,formerly Rose Hall Requests #11 - Conditional Use Permit (Mini- Warehouse) #12- Conditional Use Permit (Truck&Trailer ' 41,4po Rental) ill 11' Recommendation , _ 4ir 1 @4nyan . Approval '"id Staff Planner 1/4 Elizabeth Nowak ►` ,4. 1 a) ) . Location Stoneshore Road ,Southern corner of Holland Road &Stoneshore Road, directly west of 3427 Holland Road �,a - GPIN ` 1486810742 ado Site Size 4.41 acres . AICUZ \ \ 65-70 dB DNL; Sub-Area 3 Watershed Chesapeake Bay 0 Existing Land Use and Zoning District xj % • . �ti :`' °�,r ' s 4� w . Undeveloped/ B-2 Community Business �`` ' , �a. e• .e- �, s 'goo r� Pyy '.- • '' SurroundingLand Uses and Zoning Districts • ' , °?`'"`{` ' North z �� i��.,.,� ' 7 F y y J Stoneshore Road ,,� ► • t' \oY Retail, auto sales, office, single-family dwellings -0P *:_' .`' j �`,"t; �. -., `N : �` r f :-- .._ a,_- +�c 1 /B-2 Community Business, PD-H1 Planned Unit „ < a� y, 4y Development e.k`e (N. f ,, South w� y d Apartments PD-H1 Planned Unit Development ram- 1.ad^ -•"4`` r"^—'. =r+. . 4' East y �Q`a� ,- < y,�, t Holland Road f _ '`J Office, mixed retail/0-2 Office, B-2 Community ',f' � -`,-,t'r ` ..'`..r. 4., t ' `+ w ���.�y, 'Dandelion G` _ s-, Business ..ca„ __ _-=r' :.�: Oe .,, '. . ` • West Townhouses/A-12 Apartment AMERCO Real Estate Company Agenda Items 11 & 12 Page 1 Background & Summary of Proposal • The applicant plans to develop a new U-Haul Moving and Storage Store on an undeveloped 4.41-acre parcel.The parcel is L-shaped with frontage on Holland Road and Stoneshore Road. As part of this new development,the applicant is requesting two Conditional Use Permits: one for a Mini-Warehouse and one for Truck and Trailer Rentals. • Residential development is located in close proximity of the subject site including an apartment complex (the Tivoli Apartments), an adjacent townhome community, and a neighborhood of single-family homes on the opposite side of Stoneshore Road.The adjacent properties on the north side of Holland Road are primarily commercial, including a used car sales lot, a small shopping center, and an office building complex.Just south on Holland Road is another self-storage business operated by Public Storage;this development offers individual storage units that have exterior access to the units. • For the new U-Haul Moving and Storage Store,the applicant will construct two warehouse buildings: Building A will be an 89,915 square-foot,two-story warehouse building with interior, climate-controlled personal storage units and a lower level and Building B will be a 19,498 square-foot warehouse building intended primarily to store U-Box storage container units. Office and retail space will be located in Building A, as well as interior drive-up storage access. A loading dock is proposed on the east elevation of Building B, near the center of the parcel. • Both warehouse buildings will be no higher than 35-feet tall at their highest points.To provide interest to the building silhouettes,the cornices of the corner elements are taller than the roofline of the main portion of each building, as shown on the renderings on pages 12 through 17, of this report. The buildings will be clad with insulated metal wall paneling with a mix of finishes for architectural interest.A neutral stucco finish will be used as the primary cladding with dark brown smooth finished,faux woodgrain metal panels and red brick on corner elements. The rear walls of each building will be articulated with changes in material and vertical stripes of color for visual relief of the long walls. Proposed signage will be located on Building A only and will consist primarily of cabinet wall signs. • As required, buffers and screening will be installed along the property lines adjacent to residential areas. This includes a combination of a 20-foot wide planted buffer adjacent to the townhouse community and a 20-foot wide planted area adjacent to the Tivoli Apartments. A Category VI screen is minimally required,which includes a mix of evergreen shrubs and a solid fence of wall at least six feet tall. Adjacent to the Tivoli Apartments, there is substantial mature vegetation.The applicant indicates that they will retain as much of the healthy, non-invasive vegetation as possible within a 20-foot buffer along the east property line.The details are depicted on the conceptual landscape plan included on page 11 of this report. • To help direct traffic into the site rather than into the residential neighborhood,the applicant is proposing to install a cut in the existing median on Stoneshore Road to allow a left turn from the street into the site. • A display area for truck and trailer rental vehicles will be located along the north parcel line fronting Holland Road. Per Section 242.2 of the Zoning Ordinance, a maximum of three vehicles is permitted to be displayed in this area. Trucks or trailers not being displayed for rent will be located in the vehicle shunting area as shown on the conceptual site plan on page 10 of this report.The shunting area will be screened from Holland Road by an existing building on an adjacent parcel and will be screened from Stoneshore Road by a combination of Category IV planting and a six-foot tall, wrought iron-style fence. • The U-Haul Moving and Storage Store will have a maximum of 10 employees on a shift. 10 parking spaces are provided alongside Building A. Operating hours will be: o Monday through Thursday from 7:00 a.m.to 7:00 p.m. o Friday from 7:00 a.m. to 8:00 p.m. AMERCO Real Estate Company Agenda Items 11 & 12 Page 2 o Saturday from 7:00 a.m. to 7:00 p.m. o Sunday from 9:00 a.m. to 5:00 p.m. • On a very limited basis, U-Haul may authorize customers with storage units to access the site via key cards and/or PIN numbers outside of typical operating hours. The applicant has stated that they expect little to no access of Building B after 5:00 p.m. as it will be used primarily for storage of mobile storage pods. Zoning History # Request 1 CUP(Religious Use)Approved 04/08/1992 2 LUP Approved 12/31/1981 REZ(R6 to A-1)02/14/1977 A. e % 3 CRZ(B-1A to Conditional B-2)Approved 10/17/2017 L 1.^ ` ,� .��. CUP(Tattoo Parlor& Body Piercing Establishment) wf2/ .4 rd` ''1 0 %' 10/17/2017 '� :�''L 1 ::::.'1:-,r +iy�� 5. MDC(Business&Vocational School)04/07/2017 iii pp►+*• - CUP(Vocational Use)Approved 03/03/2015 t: 1 ' i_ "% ,4 . CUP(Child Care Education Center)Approved � r -• 02/08/2005 - CUP(Religious us Use)Approved 11/23/2004e©H .�,,w;, - t irgAttiir ')W' CUP(Religious Use)Approved 11/27/2001 •_.- ' i� �, :ti c „ Al2 CUP(Religious Use)Approved 10/10/2000 %, : -. - v "•,_._ CUP(Religious Use)Approved 11/22/1994 S' 4 CUP(Auto Repairs&Services)Approved 08/19/1985 !, NA: .:it,.'c.: ::•::\.•`.` s-'7-- 1: \-, , • 5 CUP(Communication Tower)Approved 11/21/2018 r: �� -►' '' - " S144'... �- CUP(Religious Use)Approved 07/14/2009 , >f- ~ ike '`` ,.. ' ,.,jam \B.; 6 REZ(R-6 to PDH)03/26/1979 REZ(R-6 to A-1)02/14/1977 7 REZ(R-D1 to 0-2)07/26/1965 8 CUP(Mini-warehouse)01/09/1978 REZ(0-1 to B-2)01/09/1978 9 LUP Approved 12/31/1973 Application Types CUP—Conditional Use Permit MDC—Modification of Conditions STC—Street Closure SVR—Subdivision Variance REZ—Rezoning MDP—Modification of Proffers FVR—Floodplain Variance LUP—Land Use Plan CRZ—Conditional Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental Evaluation & Recommendation Staff finds these requests for Conditional Use Permits for a Mini-Warehouse and Truck and Trailer Rental to be acceptable.The project site is in the Suburban Area of the City according to the Comprehensive Plan, which calls for the development of"Great Neighborhoods"through quality residential development and complementary non-residential uses. Storage and self-storage facilities such as the proposed development provide a needed service to adjacent residents. For property such as this within Sub-Area 3 of the 65-70 dB DNL Noise Zone, Section 1804 (c)(3) of the Zoning Ordinance notes that "it shall be the policy of the city council that no application for a residential use shall be approved unless the city council finds that no reasonable non-residential use can be made of the property, in which event the city council may allow the proposed residential use of such property at the lowest density that is reasonable." As there are other uses than residential along this portion of Holland Road that are deemed compatible with Naval flight operations and appropriate adjacent to residential neighborhoods,the opportunity to develop this site with a residential use is extremely minimal. AMERCO Real Estate Company Agenda Items 11 & 12 Page 3 The proportions and layout of the proposed site and building designs are well-balanced with the character of adjacent residential areas. Design of the site and building direct traffic appropriately to and through the site; employ a neutral and muted color palette that will blend with the surrounding context; and integrate variation of roof lines, color, and high-quality building materials to increase visual interest. The submitted concept landscape plan reflects plant materials and buffer widths beyond the minimum required by the Zoning Ordinance. While the height of the proposed buildings is taller than surrounding developments, it will be compatible with the surrounding properties along Holland Road.The tallest point on Building A is the corner element parapet wall, which reaches 34 feet. The roofline for the remainder of Building A is 27 feet and 10 inches. Building B is 35 feet tall at its tallest parapet wall on the north elevation and is 30 feet and 6 inches on the south elevation. Most buildings in the surrounding area are two-stories tall, approximately between 24 and 30 feet in height. As a commercial parcel fronting Holland Road and on a parcel that is zoned B-2 Community Business,which has no height restrictions, Staff believes that the proposed heights are an appropriate scale for the transition between the commercial character of the Holland Road corridor and the residential neighborhoods to the south of Holland Road. Section 242.2 of the Zoning Ordinance requires the following: "trucks or trailers for rental which are not being displayed as provided for in (b) above shall be located within a building or in a designated area located behind the nearest portion of a building adjacent to a public street. The designated area shall be screened, except for necessary openings for ingress and egress, from any public right-of-way or adjoining residential or apartment zoning district within one hundred (100)feet of the designated area by a fence not less than six (6) feet in height and Category VI landscaping." In Staff's view,these requirements are partially met as the vehicle shunting area is located behind an existing building on the adjacent parcel (screened from Holland Road) and a fence with landscaping will be installed along the east side of the shunting area parallel to Stoneshore Road. Staff is recommending in Conditions 1 and 2 that the proposed planting strip that is shown on the site plan abutting the north elevation of Building B to be moved to define the southern edge of the proposed shunting area.This will provide additional softening and screening from the right-of-way on Stoneshore Road as well as provide relief to otherwise excessive pavement. With this modification to the concept site plan, Staff believes there will be sufficient screening of the shunting area and the vehicles to be stored there. In addition to the shunting area,the applicant proposes truck and trailer parking along the south elevation of Building A. While this area is close to the residential properties on Smoke Tree Lane, it is Staff's opinion that parking is a relatively passive activity that will minimally impact the neighboring residents.The applicant is proposing a 20-foot wide rear yard in this area—exceeding the minimum yard width that is required by five feet—and to locate the parking spaces against the building. Staff is also recommending Condition 17 for the Truck&Trailer Rental Conditional Use Permit that moving, parking, and relocating of vehicles in this area only occur between 7:00 a.m. and 8:00 p.m.to minimize noise impacts. Staff's analysis indicates that the proposed development generates 163 average daily trips. It is Staff's opinion that while trips will increase by virtue of development,the adjacent residential areas will not be adversely affected by new traffic and the proposed uses typically generate far fewer trips than the average generated ADT for a B-2 Community Business parcel of this size.To guide customer traffic into the new site rather than into the adjacent neighborhood,the applicant is proposing to install a cut in the median on Stoneshore Road to create a left turn from that street into the site. Staff has conceptually approved the proposed median cut on Stoneshore Road, provided it is designed so that any traffic leaving the site be restricted to a right turn only back onto Stoneshore Road;such a restriction would direct traffic back out towards Holland Road rather than down Stoneshore Road and the neighborhood. Staff is recommending approval of the request subject to the following conditions. AMERCO Real Estate Company Agenda Items 11 & 12 Page 4 Recommended Conditions Conditions for Conditional Use Permit for Mini-warehouse: 1. When the property is developed, it shall be in substantial conformance with the concept plan entitled "AMERCO REAL ESTATE COMPANY—PRELIMINARY SITE PLAN", dated 07/29/2022, and prepared by AMERCO REAL ESTATE COMPANY,which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development, with the exception that the planting strip shown alongside the north elevation of Building B be moved to define the southern edge of the Shunting Area. 2. A Landscape Plan shall be submitted to the Development Services Center of the Department of Planning and Community Development for review and ultimate approval prior to issuance of a Certificate of Occupancy and shall be developed in substantial conformance with the landscape plan entitled "U-HAUL OF VIRGINIA BEACH", dated 07/29/2022, and prepared by PAINTED FERN LANDSCAPE ARCHITECTURE,which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development,with the exception that the planting strip shown alongside the north elevation of Building B be moved to define the southern edge of the Shunting Area. 3. As noted in the landscape plan entitled "U-HAUL OF VIRGINIA BEACH", dated 07/29/2022, and prepared by PAINTED FERN LANDSCAPE ARCHITECTURE,which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development, existing healthy and non-invasive vegetation in the 20-foot wide side setback along the southeast parcel line shall be retained and maintained to supplement the Category VI landscape screening. 4. The exterior of the proposed building shall substantially adhere in appearance, size, materials to the submitted elevations entitled "MOVING &STORAGE OF TIDEWATER", 06/01/2022, and prepared by ADVERTISING & MARKETING ASSOCIATES, INC., which have been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 5. All signage shall be externally lit and no neon lighting visible from the rights-of-way and from any adjoining property shall be permitted to be placed on the Property. Any freestanding signage shall be monument style no taller than eight feet in height and externally lit with a brick base to match the building.) All signage shall meet the requirements and regulations of the Zoning Ordinance. A separate permit from the Department of Planning& Community Development is required for any new signage installed on the site. 6. All exterior lighting shall be low intensity and residential in character. All other exterior lighting on the property shall also be building mounted or ground level lighting which is not directly visible from the (main road)/According to Section 237 of the City Zoning Ordinance, all outdoor lights shall be shielded to direct light and glare onto the mini- warehouse premises; said lighting and glare shall be deflected, shaded, and focused away from all adjoining property. Any outdoor lighting fixtures shall not be erected any higher than 14 feet. 7. There shall be no electric or diesel power generator or generator fueled by any other source of energy located outside of any building. 8. The storage units shall be used only for storage of goods. The units shall not be used for office purposes, band rehearsals, residential dwellings, or any other purpose not consistent with the storage of goods. 9. Motorized vehicles for rental on the property shall be limited to trucks and trailers and shall be stored within the designated areas identified as the display area and shunting area on the exhibit entitled "AMERCO REAL ESTATE COMPANY—PRELIMINARY SITE PLAN", dated 07/29/2022, and prepared by AMERCO REAL ESTATE COMPANY, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning& Community Development. AMERCO Real Estate Company Agenda Items 11 & 12 Page 5 10. The outdoor storage of containers, pods, crates, boxes, or similar mobile storage units shall be prohibited, except, mobile storage units may be placed outside for loading and unloading. In no case shall the mobile storage unit be placed outside for more than a 24 hour period. 11. No loading or unloading of stored goods shall occur in the public right-of-way. 12. No barbed wire, razor wire, or any other fencing devices shall be installed on the roof or walls of the building or on the sliding gate surrounding the loading zone. 13. Alterations to the existing median on Stoneshore Road shall be designed such that those alterations only permit a left turn from Stoneshore Road into the site.Any traffic exiting the site onto Stoneshore Road shall be restricted only to a right turn towards the Holland Road intersection. 14. A subdivision plat shall be submitted to establish boundaries of the lot during site plan review. Conditions for Conditional Use Permit for Truck&Trailer Rentals: 1. When the property is developed, it shall be in substantial conformance with the concept plan entitled "AMERCO REAL ESTATE COMPANY—PRELIMINARY SITE PLAN", dated 07/29/2022, and prepared by AMERCO REAL ESTATE COMPANY,which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development, with the exception that the planting strip shown alongside the north elevation of Building B be moved to define the southern edge of the Shunting Area. 2. A Landscape Plan shall be submitted to the Development Services Center of the Department of Planning and Community Development for review and ultimate approval prior to issuance of a Certificate of Occupancy and shall be developed in substantial conformance with the landscape plan entitled "U-HAUL OF VIRGINIA BEACH", dated 07/29/2022, and prepared by PAINTED FERN LANDSCAPE ARCHITECTURE,which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development,with the exception that the planting strip shown alongside the north elevation of Building B be moved to define the southern edge of the Shunting Area. 3. As noted in the landscape plan entitled "U-HAUL OF VIRGINIA BEACH", dated 07/29/2022, and prepared by PAINTED FERN LANDSCAPE ARCHITECTURE,which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development, existing healthy and non-invasive vegetation in the 20-foot wide side setback along the southeast parcel line shall be retained and maintained to supplement the Category VI landscape screening. 4. The exterior of the proposed building shall substantially adhere in appearance, size, materials to the submitted elevations entitled "MOVING &STORAGE OF TIDEWATER", 06/01/2022, and prepared by ADVERTISING & MARKETING ASSOCIATES, INC.,which have been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development.The color of the EIFS shall be a neutral and/or earth tone. 5. All signage shall be externally lit and no neon lighting visible from the rights-of-way and from any adjoining property shall be permitted to be placed on the Property. All on-site signage shall meet the requirements and regulations of the Zoning Ordinance. A separate permit from the Department of Planning& Community Development is required for any new signage installed on the site. 6. No more than three (3)trucks and trailers for rent shall be displayed in the display area as identified on the Concept Plan.Truck and trailers for rent not on display shall be parked in the area designated as "Vehicle Shunting Area" or the parking area adjacent to the southeast elevation of building a as shown on the concept plan "AMERCO REAL ESTATE COMPANY—PRELIMINARY SITE PLAN", dated 07/29/022, and prepared by AMERCO REAL ESTATE COMPANY. AMERCO Real Estate Company Agenda Items 11 & 12 Page 6 7. The "Vehicle Shunting Area," as identified on the Concept Plan shall be screen, except for necessary openings for ingress and egress,from any public right-of-way or adjoining residential or apartment zoning district within one hundred (100)feet of the designated area by a fence not less than six (6)feet in height and Category VI landscaping and in substantial conformance with the fencing type exhibited in the Landscape Plan. The fence screening the "Vehicle Shunting Area" adjacent to Stoneshore Road may be as described in the concept landscaping plan as exhibited to the City of Virginia Beach. 8. All exterior lighting(as identified on the exhibit entitled shall be low intensity and residential in character. All other exterior lighting on the property shall also be building mounted or ground level lighting which is not directly visible from the right-of-way. According to Section 237 of the City Zoning Ordinance, all outdoor lights shall be shielded to direct light and glare onto the mini-warehouse premises; said lighting and glare shall be deflected, shaded, and focused away from all adjoining property. Any outdoor lighting fixtures shall not be erected any higher than 14 feet. 9. The site must be improved with all required screening and buffering as required in the Virginia Beach Landscaping Guide, including but not limited to, street frontage landscaping and foundation plantings. 10. Parking spaces and display area spaces must be clearly delineated on site plan and the parking lot must be striped in accordance with the approved plan. Vehicles, including trailers, are to be parked in the designated areas and no vehicles, including trailers,shall be parked within any portion of the public right-of-way. 11. The required foundation landscaping shall be permitted to be established in planter boxes along the front and side portion of the buildings. 12. No vehicle, including trailers, shall be parked, loaded, or unloaded within any portion of the public right-of-way. 13. No neon lighting visible from the rights-of-way and from any adjoining property shall be permitted to be placed on the Property. All on-site signage shall meet the requirements and regulations of the Zoning Ordinance. A separate permit from the Department of Planning &Community Development is required for any new signage installed on the site. 14. Sale of vehicles shall not be permitted on the site. 15. There shall be no on-site washing, detailing, or maintenance of any motor vehicles or trailers. 16. Alterations to the existing median on Stoneshore Road shall be designed such that those alterations only permit a left turn from Stoneshore Road into the site.Any traffic exiting the site onto Stoneshore Road shall be restricted only to a right turn towards the Holland Road intersection. 17. A subdivision plat shall be submitted to establish boundaries of the lot during site plan review. 18. Moving, parking, or relocating of vehicles to be stored in the parking area adjoining Building A shall be limited to between the hours of 7:00 a.m. and 8:00 p.m. 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. AMERCO Real Estate Company Agenda Items 11 & 12 Page 7 Comprehensive Plan Recommendations This property is located in the suburban area of the City. One of the guiding principles of suburban areas is the creation of"Great Neighborhoods,"which are stable and sustainable and are supported by complementary non-residential uses. Non-residential uses should enhance or renew existing commercial centers through innovative design and products and services provided to the neighborhoods in which they are located. Such uses should carefully consider their effect on adjacent residential areas and appropriately mitigate noise,visual, and safety impacts through good design choices. Proposed developments should refer to the Comprehensive Plan's Reference Handbook of Special Area Development Guidelines for the Suburban Area. Natural & Cultural Resources Impacts The site is located in the Chesapeake Bay watershed. No natural or cultural resources will be affected by this project. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Holland Road 28,000 ADT1 32,700 ADT 1(LOS 4"D") Existing Land Use 2—0 ADT Proposed Land Use 3—163 ADT Stoneshore Road Data not available 9,900 ADT(LOS"D") 1 Average Daily Trips 2 as defined by a vacant lot 3 as defined by 108,000 sf self- 4 LOS=Level of Service storage;no trip generation data is available for moving truck rental Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Holland Road near the subject property is considered a four-land divided minor urban arterial. The MTP proposes a six- land facility within a 165-foot right-of-way, however,there are currently no CIP projects to upgrade this section of Holland Road. Stoneshore Road near the subject property is considered a two-land collector and is not designated in the MTP. There are currently no CIP projects to upgrade this roadway. Traffic Engineering Staff has conceptually approved the proposed median opening on Stoneshore Drive at the proposed access point to accommodate left turns from Stoneshore Road into the site. At the site plan stage for this site,the access point on Stoneshore Road will be required to be designed so that vehicles leaving the site cannot physically make a left turn onto Stoneshore Road. Public Utility Impacts Water The site must connect to City water.There is an existing City water main along Stoneshore Road and an existing City water transmission main along Holland Road. There is also an existing private force main along Stoneshore Road. Sewer The site must connect to City gravity sanitary sewer.There is an existing City sanitary sewer gravity main near the property line along Stoneshore Road. AMERCO Real Estate Company Agenda Items 11 & 12 Page 8 Public Outreach Information Planning Commission • A Marketing Company President from U-Haul informed staff that she personally went door-to-door to speak with residents on Smoke Tree Lane to discuss the proposed development. She approached adjacent residents and business owners once in early February 2022 and once again in early March 2022.The applicant collected signatures of support from neighbors and adjacent business representatives attached to a letter written by the applicant describing their proposal and have been provided in the supplemental packet.The applicant reported receiving no objections from those they spoke with, and Staff is unaware of any opposition to the request. • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on July 11, 2022. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,July 24, 2022 and July 31, 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 July 25, 2022. • This Staff report, as well as all reports for this Planning Commission's meeting,was posted on the Commission's webpage of www.vbgov.com/pc on August 4, 2022. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, September 4, 2022 and September 11, 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 September 5, 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 September 16, 2022. AMERCO Real Estate Company Agenda Items 11 & 12 Page 9 Proposed Site Layout a ♦ t --fib- - 0 • t. tE 01 Iat •1 r g So !' • _`' -V. ,'..::iii.:iiii, •1/4 ti..Y�� s�9 t� t j • •• -••� ••••'J r z W j 1' • '{ !it. Q II l - 7 0< " • \ In • r ,',:::•:... .1 ,;,::. • c>" s9 / AP' � '� III. \. GA. Ta \\.\ V 1 ,/,‘....- , ) 1 '. II e'=rm\ II :'ti' r II V24c aA ' \ • / magi# '� • • �,'i�•, . •\ ... ..:•:•:. • fte ‘. . \ \ .. :. \ ....I\:.,1.4 .4.:' .\ „. \....' :,.. . .. ..- .,../ .,,,,' ` z.ZZ ♦ / \ • • = ysss.a: \ VV / \ o z / 6�� W dal l- �6 i� V W co 0\, `•\eft / 0 t • \ 5 X W t•' . \ / / Wd OO \ ` k aQ cCLL t •rrtiv. i` 1 � SIN j ,,,, .-.1!, AMERCO Real Estate Company Agenda Items 11& 12 Page 10 17 0 0 1/1 fD 0_ r OJ ww,(+., i�Or•9.w.0..Y N Planting area to be moved ' .mrn01a.n•..•..•�•n�wbwr.• �' 13 per Condition 2 for each .ri,,; �r.,� N•,.Rr• fD f.se4n. Conditional Use Permit ,: -.r. '\ .••,�, ••.Lnw R ^o CU •PRININGE ORD.,.* / €10.4V.,'• 'Iltp .mwwr u ecr• I*1.,r.n.II.0 it n...••.• \\\ ..•r..•w.R••.........C.....,,w•.•...•w••..••..,u•••w• Ntnr%OM troy ., .t �` e Vwrf u rr.4r..7117•MIO .91.rAa.•116 emPm. \ 1 . " /I RJc 9f .IICMVw IPIt, , _ 1�I IIIIIIIIIIIIIIII I` Ns • IIIIII111111IR!1[IIl!!!/1111IIIII . PRESERVED VEGETATION 1 .• ^_ APPROX:9 750 S F I •I ' REQUIRED STREET 10(MN.) ffriP f. FRONTAGE LANDSCAPING / •ctlAO 9.9.9A t...9 REOUI RED LANDSCAPE AREA FOR / > DISPLAY.SHUNTING.d PARKING / rn ( / 73 / ,ANDSCACS_rii?JES n O -n.oie.•Rrur..Pr arrm,.s maarnui PI••II.E.•Il / J.l...•!(9•r9 9.•Y9 w,w.,..9.W.Of•.OIfR1, D \ Q m a� (1, r,. a) CD ,-+ 3 rn In n v O a' 3 ao cu I-, I-, n I--I N -< Proposed Elevation Plan — Building A ...._1 I Fop g_ . I. j t t th , ..• .` L ..+ SLi::',:' 1' 4 3`. 1 4.1 yhi PlQ2 4. U + OC o 'Of?': OL F . ` 0= Ta • -ains — ''' � i OR z s it i , , ,,, ' / / - 4 j - _"•� i 9y ter` T dr a,'4; ,,,-, .'"•:::':- es 1 AMERCO Real Estate Company Agenda Items 11 & 12 Page 12 Proposed Elevation Plan — Building A 0 • w LIJ • aZo age w 8 7s z aw • m • z. �wo� Q U Z J xJ JOB Co CC m Q 5 IT U l 0 d I-° (� J Z I-- ICO ll CC C72Ow / • 4 w U C J2 11,1 g w z>w m 0 ¢w0Z Lu a i cell'a EJ m OGv Si Z __ �a > 5 cs:a m _ fop ¢ >> I-0Ill� a0 a • • V 8= i U cb P _ L i w cn F e w ; • t Z r-- - • 1 - / . (- " cna2zD• r O 3��J i PIP . ,__. t , .�.� • _..., _ ... ;_.. ,,„ aCQN,,:-.,-. m2= 7 ___,._ Z t Q ;i t _.. ... _ ____ _ .., J- 4Z J N Q a {{ 3Zo H * f Q CI LL Q CC . il 1 i= OW Z ^ I J , 1 onou H�aa NI 6Q HO <c�Soa < <0 I cCLL2U Z0 tl Z 0 a a J p 5 _aQ / - coo/ _ to N LLI o z ri o o w- a- U �' J ■ W i t• W c Jij ir. 2a N S1 WI= D fI' H. A Q1° �� if. DIo a':v AMERCO Real Estate Company Agenda Items 11 & 12 Page 13 O O V1 CD Q m CD MOVING&STORAGE OF TIDEWATER - IU Holland Rd.&Stone Shore Rd Virginia Reach,VA 23452 0 CU VERTICAL MODULATION EXTENDING THE PARAPET ABOVE THE ROOFLINE CHANGE IN MATERIALS TO PROVIDE VISUAL SEPARATION TO THE FACADE Q. CfQ WEST ELEVATION: BUILDING A ARCHITECTURAL ARTICULATION CREATES WALL PROJECTION AND VISUAL INTEREST • II • • • D I SOUTH ELEVATION:BUILDING A m saes 1 5 = 7 O novannPX.10 111111411101111.00..SOe1e ,MC TT)AP ffrrCMRAL DONJON s WAcn.i,Y.1wa/MO (D February 18,2022 Iz m a) N o r+ n) D) 0.0 I— I--� 4 N -< Proposed Elevation Plan — Building B ..,. t . , 4 , , i ; 11 / •-•. ,„.,.., ,link -14 ..._ •11 Z ... ...,- I. 1 .. •••• '.7I . IL 4 •; • - f:"•ft e•-• ' ' ' ,4 cc -. •0 ' .' ' I Agft tx-f-, I ,..,. , t ' . ? Ill , ••6 ; . -........• it t 0'..! ,, t•4 I • , ,..—.. .- al , t 4 : . a 1 ea. AMERCO Real Estate Company Agenda Items 11 & 12 Page 15 0 0 fD 0. m rD MOVING&STORAGE OF TIDEWATER !L 'Holland Rd.&Stone Shore Rd Virginia Beach,VA 23452 0 ATAS ATAS ATAS ISOLEREN ML RIGID WALL II ATAS RAPID LOK STUCCO EMBOSSED VERTICAL MFN 122 WOODLAND SERIES a1 SANDSTONE HORIZONTAL HORIZONTAL SIERRA TAN Q 'eCFQ 03 wai EAST ELEVATION:BUILDING B Scno,ti8 _ ATAS ATAS ATAS RIGID WALL II RIGID WALL II WOODLAND SERIES MFN122 MFN 160&MFN 121 HORIZONTAL HORIZONTAL HORIZONTAL SIERRA TAN GALVALUME ATAS ISOLEREN ML STUCCO EMBOSSED VERTICAL SANDSTONE 6'HX6"D ARCHITECTURAL AWNING DETAIL 1� ' BEST PANEL COMPANY I "I i I. I REVOLUTION SERIES l t, -TUMBLED f II I i I I CARAMEL I , �� n III IIIIt D NORTH ELEVATION:BUILDING B m Saa s:I/11'-t _ r 0 MYMA/N0•ANOrXL11MO A/CCGATii,ara AIICNTTIMIMAL Hewn I FACILITY MMOANO rDD fD February 18,2022 ty m � (n r+ (D rF 3 m N l -0 (_4 0 au N 3 al NJ -< Proposed Elevation Plan — Building B r J ..., L , F J SQL i w O Z 0 w O Q ofN <aQ Wwc/ �` ci.O Q _ __ t-O 4 F'ci , ¢0 z 0 C - '� — i JJ _AME f i� ,I u w J Za U CC'JZ >1 �= a 0 0o Z�u ~ao ¢w i 7,5 °O8 — .0 a0 0 P I CO m; M! m Z 6- ._ Z J, 0 _J mi 5 m Z 01 PI O; O R W- �r -& t ea ,wn _e m a I-'- m; a i CA; o 0.3 W- IV AMERCO Real Estate Company Agenda Items 11 & 12 Page 17 Site Photos 4 Aihik ONO'S% ° AMERCO Real Estate Company Agenda Items 11 & 12 Page 18 Site Photos . ..•,=- .--.., .. ,..".. ,..--,..• . .,..,-...., . ,.. ._.., _ _,,,,_.:._....., •,-,•-,-;?=,.,----5,...;.-i-- ..- -... - ' .1,... _ ,,,-: -..ii!,,,,,,,,,-,-•---..., ,. ..., . ,...: _,... : - ... . -.. . . .. ... • . ...„. . . . ,, ...._.a .,_ / 1 . . • - '----- .0 '----- , 111'. :'.. t•i'll',IL't4lt it I' ,. . . ,-.. . _ • . ... -, • - •_... .s. ,,,.-.: .. .. ... . .. . .: .. .• - >, - .. ..''''' 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''"i/ :4101t<'-' .. - IN ......--- -- 4.'114'lit'•'1 ' ' ', '''' ,._ , '''sr '''.'''. —.it.•'''.' .1k-rt`',.'44.:' .--.•:',-",-• - , -,,,,,:i.-ALL,",•.,-;:g•-•"";,,,,,, -.---3.1;:-..,'- - -: v-.4,--.:,,,..-,-,--,"•.---,-',.,--. -•, -.` . . .„...- , . .• . - - - - • ._ .. _ . , -.. . . . . . . ,. . .,.. „. - .... _. . . . . , . •,....lea... .. . . _ . . . . . , . .._. . . . .. . . _ • ..,. . . .... . . . •,,,,.. . .. . .. . . , .... . . . . .._ . . . ,, ... . s ...• ,. . . .. . , • ,_ • . ... . . . , - . . . . . _ . . ,. .„ . .. . , .- - AMERCO Real Estate Company Agenda Items 11 & 12 Page 19 Disclosure Statement Disclosure Statement _________1v cr,anrV,„.E.,„,z 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 AMERCO Real Estate Company Does the applicant have a representative? ni Yes ❑No • If yes,list the name of the representative. Gurnoor Kaur,Stephen Romine,Tyler Rosa Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?XYeS ❑No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) 5e at±.Cho • If yes,list the businesses that have a parent-subsidiary'or affiliatec business entity2 relationship with the applicant. (Attach a list if necessary) "Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. 2"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 1109 202. 1 1 AMERCO Real Estate Company Agenda Items 11 & 12 Page 20 Disclosure Statement Disclosure Statement Planning&Community - Development Known Interest by Public Official or Emolgye@ Does an official or employee of the City of Virginia Beach have an nterest 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? O Yes XNo • if yes,identify the financial institutions providing the service. 2. Does the a plicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes No • If yes,identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes } NO • if yes,identify the firm and individual providing the service. J \ 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 individua providing the service. 0 c_sii e Rah LAN\cf s C -Mc, AAtt-C i sLe, A Dr\ i1 0 jAn cts PIA ektbup,. 5. Is there any other pending or proposed purchaser of the subject property?❑Yes ,No • if yes,identify the purchaser and purchaser's service providers. •� Revised 11 09.2020 2 I a g AMERCO Real Estate Company Agenda Items 11 & 12 Page 21 Disclosure Statement Disclosure Statement \B crty,,,,Vusj.s Bnni: �� Planning&Community Development 6. Does the applicant have a construction contractorYNo in connection with the subject of the application or any business operating or to be operated on the property?❑Yes • 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?1 Yes ❑No • If yes,identify the firm and individual providing the service. 8. Is the applicant receiving legal services in,connect'on with the subject of the application or any business operating or to be operated on the property?®Yes ❑NO • If yes, dentify the firm and individual 5-providing the service. Tyler Rosa arid Steven Romaine of Williams Mutton Applicant Signature I certify that all of the nformation contained:n this Disclosure Statement Form is complete,true,and accurate. I uncerstand that, upon receipt of notification that the application has been scheduled for public hear'ng,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 committe In ngction with this application. /X.....-;7 Applicant Signature Matthew F.Breccia,President(AMERCO Real Estate Company) Print Name and Title 01.03.2022 Date Is the applicant also the ownerof the subject property? ❑Yes I NO • f yes,you co rot reed 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 8/30/2022 Signature /• _! , /BC ti Print Name 0 Elizabeth f Nowak Revised 11.09 2020 3 I AMERCO Real Estate Company Agenda Items 11 & 12 Page 22 Disclosure Statement DocuSign Envelope ID:7C65E706-3940-4E0C-8CD9-1 C641 DC51 DA2 Disclosure Statement \113 City of Vimina Beach Planning&Community Development • Owner Disclosure Owner Name Thomas Brill Irrevocable Trust Applicant Name AMERCO Real Estate Company Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business?OF Yes ❑No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) AMG National Trust,Co-Trustee Howard E.Gordon,Co-Trustee • If yes,list the businesses that have a parent-subsidiary3 or affiliated business entity'relationship with the Owner. (Attach a list if necessary) N/A Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes it No • If yes,what is the name of the official or employee and what is the nature of the interest? 3"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than SO percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. "Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.2020 5 I P a g e AMERCO Real Estate Company Agenda Items 11 & 12 Page 23 Disclosure Statement DocuSign Envelope ID:7C65E706-3940-4E0C-8CD9-1 C641 DC51 DA2 Disclosure Statement City of F'npink Bend: Planning&Community • - Development Owner Services Disclosure 1. Does the Owner have any existing financing(mortgage,deeds of trust,cross-coliateralization,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. Ryan King of Harvey Lindsay Commercial Real Estate 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?D 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 ® 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 II No • If yes,identify the firm and individual providing the service. Revised 11.09.2020 6 Page AMERCO Real Estate Company Agenda Items 11 & 12 Page 24 Disclosure Statement DocuSign Envelope la 7C65E706-3940-4E0C-8CD9-1 C641 DC51 DA2 • Disclosure Statement 143 Cali Watitina Bard: 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. Howard E.Gordon of Williams Mullen 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. Docusigned by: ,--DocuSign.d by: Rawarl, f. l ori.hv, "%qv Maws f. M.c� �---A7E6062A1722i66 `-COD62CF761GBACA Owner Signature Thomas Brill Irrevocable Trust Print Name and Title AMG National Trust,Co-Trustee by Mavis E.McKenley,VP,and Howard E.Gordon,Co-Trustee 12/29/2021 Date 12/30/2021 Revised 11.09.2020 7 I P a g e AMERCO Real Estate Company Agenda Items 11 & 12 Page 25 Disclosure Statement Arizona Corporation Commission-RECEIVED: 7 8,2021 2107081356917 Arizona Corporation Commission-FILED: 7/1/2021 2021 ANNUAL REPORT ENTITY INFORMATION ENTITY NAME: AMERCO REAL ESTATE COMPANY ENTITY ID: F00442315 ENTITY TYPE: Foreign For-Profit(Business)Corporation CHARACTER OF BUSINESS: REAL ESTATE AUTHORIZED SHARES: Share Class.COMMON Share Series:Share Total:20,000,000.00 Share Class Preferred Share Series:Share Total:5,000,000.00 ISSUED SHARES: Share Claw:Common Share Sens:Share Total 100,Oi0 STATUTORY AGENT INFORMATION STATUTORY AGENT NAME: C T CORPORATION SYSTEM PHYSICAL ADDRESS: 3800 N CENTRAL AVE SUITE 460.PHOENIX.AZ 85012 MAILING ADDRESS: 3800 N CENTRAL AVE SUITE 460,PHOENIX,AZ 85012 KNOWN PLACE OF BUSINESS %LEGAL DEPT 2721 N CENTRAL AVE.PHOENIX.AZ 85004 PRINCIPAL OFFICE ADDRESS 2727 N Central Avenue. PHOENIX.AZ 85004 PRINCIPAL INFORMATION Director:DANIEL R MULLEN•2727 N CENTRAL AVE,PHOENIX,AZ,85004,USA -Date of Taking Office: 01 r07 2008 Director:Edward J Shoen-2727 N Central Avenue,PHOENIX,AZ.85004,USA--Date of Taking Office: 0610/1988 Director:JASON A BERG•2727 N CENTRAL AVE.PHOENIX,AZ,85004.USA--Date of Taking Office: 09'07/2010 Director:Matthew F Braccia 2727 N Central Avenue.PHOENIX.AZ.85004.USA--Date of Taking Office: 01,07/2019 Director:RICHARD J HERRERA-2727 N CENTRAL AVE.PHOENIX.AZ.85004.USA--Date of Taking Office: 09;03;2013 Director:SAMUEL J SHOEN-2727 N CENTRAL AVE,PHOENIX,AZ,85004,USA--Date of Taking Office' 09.07,2010 Director:Stuart M Shoen-207 E Clarendon Avenue.PHOENIX,AZ.85012,USA--Date of Taking Office' 01/02,2018 Officer:Kevin J Harte•5555 Kietzke Lane#100,RENO.NV.89511.USA--Date of Taking Office:12'07.'2015 Officer:Randal W Studer-2721 N Central Avenue.Phoenix.AZ,85004.USA--Date of Taking Office: 09/08.'2020 Officer:Tobias C Bridgeman-5555 Kietzke Lane#100,RENO.NV,89511.USA--Date of Taking Office: AMERCO Real Estate Company Agenda Items 11 & 12 Page 26 LZ aBed ZT '8 TT swa1l epua9V Auedwoj ale4s3 lead OJd3Wd L303-90,LO-ouidsaa as r aoualne1 aelaioaS 3EIf11VNOIS 9 l OZ!l O 80 aoyjO 6uNe1 to ale j-•VSfl'POOS8'Zy'XIN3OHd•anuany IeJlua0 N LZLZ-6Ja8 y uoser:JaJnseaal 6666'l£Z t:aol;lO 6urilel to area--'x'XX'438111031:1_ON O0a3WV:,apIoyaJeyS OZOZ'L0'L0 .aoµl0 6u1Ke1 to am]--VSfl'p0059'Zy XIN30Hd'anuanv legua0 N L LZ-ouidsald as r aouamel:/cJelaJoe5 61 03,'LO'10 aoll}O 6uNei to alea--VSfl 4.00S8'Z`d'XIN3OHd'anuany Ie,lue0 N LZLZ-elooe.18 3 maypeW:luaplsaId 0303:Co'30 :aoi40 6uNei to ale0--ySfl•VOO 8 Zy•xIuaoyd'anuany IeIu,a0 N L LZ-'I^MPe40 AalsaM:Ja3l11O S LOZ'LOZ1 __t69i!t OLf)1C luawalels ainsopsia 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. AMERCO Real Estate Company Agenda Items 11 & 12 Page 28 Virginia Beach Planning Commission August 10, 2022, Public Meeting Agenda Items # 11 & 12 AMERCO Real Estate Company [Applicant] Thomas Brill Trust [Property Owner] Conditional Use Permits (Truck & Trailer Rentals & Mini-Warehouse) Address: Parcel on the southern corner of Holland Road & Stoneshore Road, directly west of 3427 Holland Road RECOMMENDED FOR APPROVAL— CONSENT Mr. Weiner: Thank you, sir. Next one is items, 11 and 12 together, which is AMERCO Real Estate Company for a Conditional Use Permit for truck and trailer rentals and mini- warehouse on 3427 Holland Road. Mr. Rosa: Welcome. Good afternoon. My name is Tyler Rosa with the law firm Williams Mullen here on behalf of the applicant. We've reviewed the conditions and they're acceptable to the applicant. Mr. Weiner: Is there any opposition to this being placed on the consent agenda? Hearing none, we have asked Mr. Frankenfield to read this into the record. Mr. Frankenfield: Thank you again, and the applicant plans to develop a new U-Haul Moving and Storage Store on an undeveloped 4.4-acre parcel. The applicant is requesting two Conditional Use Permits, one for mini-warehouse, and one for truck and trailer rentals. The applicant will construct two warehouse buildings: one will be 89,000 square feet, the other 19,000 square feet. Both warehouses building will be no higher than 35 feet tall.There will be the required buffers providing screening along the property lines and adjacent to Tivoli apartments. Display area for truck trailer rentals will be located on the north property line, and U-Haul Storage will have a minimum of 10 employees to a shift. U-haul may authorize customers with storage units to access the site via access cards. Finding no opposition to this development and working closely with staff for the plan, we recommend consent. Mr. Weiner: Thank you. Mr. Horsley. Mr. Chairman that is the end of the consent agenda. move for approval items number 1, 4, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, and 20. Mr. Alcaraz: Alright, thank you. I have taken that's your motion to approve those items. Thank you. Mr. Weiner: Is there a second? Hearing second, are there any Planning Commissioners abstaining any of these consent agendas items? Mr. Redmond: I want to make two disclosures. Number one, I should have disclosed earlier when we had application withdrawn, for some time I abstained on short-term rental applications and ordinances because I had a client in the travel industry, I no longer have that client, and so I am withdrawing the letter or at least withdrawing my abstention from those items, and henceforth I we'll be voting on those items. Second, I would also like to mention that Agenda Item Number 10, Jenny Corporation is applying at a shopping center at Salem Crossing Shopping Center, which is leased by a colleague of mine at my place of business. I don't receive any kind of remuneration or have anything to do with that piece of business. So I may merely make that disclosure. I will be voting in favor of that, and the rest of the consent agenda. Thank you. Mr. Alcaraz: Pursuant to the state and local government conflict of interest, I make the following declaration. I'm executing this written disclosure in hand regarding the Planning Commission's discussion on vote number 13, Ocean Developers, LLC 404 34th Street. I'm employed by the previous owner of this property, and though they're not the owners of this application, I believe that I have a financial personal interest in this transaction. As such, I've made a disclosure, and I will be abstaining from this application. Thank you. Madam Clerk: The vote is open. By vote of 10 in favor, zero against, noting that Mr. Alcaraz has abstained from voting on agenda item 13, agenda items number 1, 4,8,9,10,11,12,13,14,15,16,17,18,19,20 have been recommended for approval by consent. AYE 10 NAY 0 ABS 0 ABSENT 1 Alcaraz AYE Bradley AYE Clemons AYE Coston AYE Cuellar AYE Frankenfield AYE Horsley AYE Oliver AYE Redmond AYE Wall ABSENT Weiner AYE CONDITIONS Conditions for Conditional Use Permit for Mini-warehouse: 1. When the property is developed, it shall be in substantial conformance with the concept plan entitled "AMERCO REAL ESTATE COMPANY — PRELIMINARY SITE PLAN", dated 07/29/2022, and prepared by AMERCO REAL ESTATE COMPANY, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development, with the exception that the planting strip shown alongside the north elevation of Building B be moved to define the southern edge of the Shunting Area. 2. A Landscape Plan shall be submitted to the Development Services Center of the Department of Planning and Community Development for review and ultimate approval prior to issuance of a Certificate of Occupancy and shall be developed in substantial conformance with the landscape plan entitled "U-HAUL OF VIRGINIA BEACH", dated 07/29/2022, and prepared by PAINTED FERN LANDSCAPE ARCHITECTURE, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development, with the exception that the planting strip shown alongside the north elevation of Building B be moved to define the southern edge of the Shunting Area. 3. As noted in the landscape plan entitled "U-HAUL OF VIRGINIA BEACH", dated 07/29/2022, and prepared by PAINTED FERN LANDSCAPE ARCHITECTURE, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development, existing healthy and non-invasive vegetation in the 20-foot wide side setback along the southeast parcel line shall be retained and maintained to supplement the Category VI landscape screening. 4. The exterior of the proposed building shall substantially adhere in appearance, size, materials to the submitted elevations entitled "MOVING & STORAGE OF TIDEWATER", 06/01/2022, and prepared by ADVERTISING & MARKETING ASSOCIATES, INC., which have been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 5. All signage shall be externally lit and no neon lighting visible from the rights-of-way and from any adjoining property shall be permitted to be placed on the Property. Any freestanding signage shall be monument style no taller than eight feet in height and externally lit with a brick base to match the building.) All signage shall meet the requirements and regulations of the Zoning Ordinance. A separate permit from the Department of Planning & Community Development is required for any new signage installed on the site. 6. All exterior lighting shall be low intensity and residential in character. All other exterior lighting on the property shall also be building mounted or ground level lighting which is not directly visible from the (main road)/According to Section 237 of the City Zoning Ordinance, all outdoor lights shall be shielded to direct light and glare onto the mini-warehouse premises; said lighting and glare shall be deflected, shaded, and focused away from all adjoining property. Any outdoor lighting fixtures shall not be erected any higher than 14 feet. 7. There shall be no electric or diesel power generator or generator fueled by any other source of energy located outside of any building. 8. The storage units shall be used only for storage of goods. The units shall not be used for office purposes, band rehearsals, residential dwellings, or any other purpose not consistent with the storage of goods. 9. Motorized vehicles for rental on the property shall be limited to trucks and trailers and shall be stored within the designated areas identified as the display area and shunting area on the exhibit entitled "AMERCO REAL ESTATE COMPANY — PRELIMINARY SITE PLAN", dated 07/29/2022, and prepared by AMERCO REAL ESTATE COMPANY, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 10. The outdoor storage of containers, pods, crates, boxes, or similar mobile storage units shall be prohibited, except, mobile storage units may be placed outside for loading and unloading. In no case shall the mobile storage unit be placed outside for more than a 24 hour period. 11. No loading or unloading of stored goods shall occur in the public right-of-way. 12. No barbed wire, razor wire, or any other fencing devices shall be installed on the roof or walls of the building or on the sliding gate surrounding the loading zone. 13. Alterations to the existing median on Stoneshore Road shall be designed such that those alterations only permit a left turn from Stoneshore Road into the site. Any traffic exiting the site onto Stoneshore Road shall be restricted only to a right turn towards the Holland Road intersection. 14. A subdivision plat shall be submitted to establish boundaries of the lot during site plan review. Conditions for Conditional Use Permit for Truck & Trailer Rentals: 1. When the property is developed, it shall be in substantial conformance with the concept plan entitled "AMERCO REAL ESTATE COMPANY— PRELIMINARY SITE PLAN", dated 07/29/2022, and prepared by AMERCO REAL ESTATE COMPANY, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development, with the exception that the planting strip shown alongside the north elevation of Building B be moved to define the southern edge of the Shunting Area. 2. A Landscape Plan shall be submitted to the Development Services Center of the Department of Planning and Community Development for review and ultimate approval prior to issuance of a Certificate of Occupancy and shall be developed in substantial conformance with the landscape plan entitled "U-HAUL OF VIRGINIA BEACH", dated 07/29/2022, and prepared by PAINTED FERN LANDSCAPE ARCHITECTURE, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development, with the exception that the planting strip shown alongside the north elevation of Building B be moved to define the southern edge of the Shunting Area. 3. As noted in the landscape plan entitled "U-HAUL OF VIRGINIA BEACH", dated 07/29/2022, and prepared by PAINTED FERN LANDSCAPE ARCHITECTURE, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development, existing healthy and non-invasive vegetation in the 20-foot wide side setback along the southeast parcel line shall be retained and maintained to supplement the Category VI landscape screening. 4. The exterior of the proposed building shall substantially adhere in appearance, size, materials to the submitted elevations entitled "MOVING & STORAGE OF TIDEWATER", 06/01/2022, and prepared by ADVERTISING & MARKETING ASSOCIATES, INC., which have been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. The color of the EIFS shall be a neutral and/or earth tone. 5. All signage shall be externally lit and no neon lighting visible from the rights-of-way and from any adjoining property shall be permitted to be placed on the Property. All on-site signage shall meet the requirements and regulations of the Zoning Ordinance. A separate permit from the Department of Planning & Community Development is required for any new signage installed on the site. 6. No more than three (3) trucks and trailers for rent shall be displayed in the display area as identified on the Concept Plan. Truck and trailers for rent not on display shall be parked in the area designated as "Vehicle Shunting Area" or the parking area adjacent to the southeast elevation of building a as shown on the concept plan "AMERCO REAL ESTATE COMPANY— PRELIMINARY SITE PLAN", dated 07/29/022, and prepared by AMERCO REAL ESTATE COMPANY. 7. The "Vehicle Shunting Area," as identified on the Concept Plan shall be screen, except for necessary openings for ingress and egress, from any public right-of-way or adjoining residential or apartment zoning district within one hundred (100) feet of the designated area by a fence not less than six (6)feet in height and Category VI landscaping and in substantial conformance with the fencing type exhibited in the Landscape Plan. The fence screening the "Vehicle Shunting Area" adjacent to Stoneshore Road may be as described in the concept landscaping plan as exhibited to the City of Virginia Beach. 8. All exterior lighting (as identified on the exhibit entitled shall be low intensity and residential in character. All other exterior lighting on the property shall also be building mounted or ground level lighting which is not directly visible from the right-of-way. According to Section 237 of the City Zoning Ordinance, all outdoor lights shall be shielded to direct light and glare onto the mini-warehouse premises; said lighting and glare shall be deflected, shaded, and focused away from all adjoining property. Any outdoor lighting fixtures shall not be erected any higher than 14 feet. 9. The site must be improved with all required screening and buffering as required in the Virginia Beach Landscaping Guide, including but not limited to, street frontage landscaping and foundation plantings. 10. Parking spaces and display area spaces must be clearly delineated on site plan and the parking lot must be striped in accordance with the approved plan. Vehicles, including trailers, are to be parked in the designated areas and no vehicles, including trailers, shall be parked within any portion of the public right-of-way. 11. The required foundation landscaping shall be permitted to be established in planter boxes along the front and side portion of the buildings. 12. No vehicle, including trailers, shall be parked, loaded, or unloaded within any portion of the public right-of-way. 13. No neon lighting visible from the rights-of-way and from any adjoining property shall be permitted to be placed on the Property. All on-site signage shall meet the requirements and regulations of the Zoning Ordinance. A separate permit from the Department of Planning & Community Development is required for any new signage installed on the site. 14. Sale of vehicles shall not be permitted on the site. 15. There shall be no on-site washing, detailing, or maintenance of any motor vehicles or trailers. 16.Alterations to the existing median on Stoneshore Road shall be designed such that those alterations only permit a left turn from Stoneshore Road into the site. Any traffic exiting the site onto Stoneshore Road shall be restricted only to a right turn towards the Holland Road intersection. 17. A subdivision plat shall be submitted to establish boundaries of the lot during site plan review. 18. Moving, parking, or relocating of vehicles to be stored in the parking area adjoining Building A shall be limited to between the hours of 7:00 a.m. and 8:00 p.m. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. From: U-Haul Co.Of Tidewater 2855 Airline Blvd I Portsmouth I VA 123701 To:Community of Virginia Beach at Holland and Stoneshore rd. Dear Green Run Community: LI-Haul has 77 years of experience and expertise utilizing a"sharing"business model. Sharing our equipment with as many customers as possible allows U-Haul to keep the customers'costs .ow while reducing the need for more privately owned large capacity vehicles in the community. This added customer base increases awareness of other nearby merchants and fosters relationships that may bring new business to the village,ensuring a viable,expanding local economy.Increased business traffic may require hiring additional employees,improving the quality of life for residents needing work to support themselves and/or their families.The conveniently located neighborhood Store ensures less customer travel,less CO2 emissions into the air and less traffic congestion.The closer equipment and storage is to citizens'pickup and drop off locations,the fewer miles traveled,and the less fuel ultimately burned. Less fuel burned -neans less CO2 put into the atmosphere.Every mile of reduced combustion engine driving ?Aim inates 12 pounds of CO2 emissions.This store in Virginia Beach will serve more than 42,000 riouseholds within 3 miles.U-Haul strives to locate stores within high demand communities to increase equity of access and reduce transportation-related emissions. U-Haul Moving and Storage of Green Run will proudly serve the community,hiring 15 local :earn members to retail truck and trailer sharing,drive up and indoor climate controlled self- storage, U-Box storage,RV and boat parking,Hitch and wiring installations,alternative fuel 2ropane,and quality packing supplies. Sincerely, Marketin Com an President Name: g p Y Samantha Hopkins Melanie Gatliff Executive Assistant Address: J/'O ZA"_ Chauntel Hughes General Manager Date: 1 _ From: U-Haul Co.Of Tidewater 285.5 Airline Blvd I Portsmouth I VA 123701 To: Community of Virginia Beach at Holland and Stoneshore rd. Dear Green Run Community: U-Haul has 77 years of experience and expertise utilizing a"sharing"business model.Sharing our equipment with as many customers as possible allows U-Haul to keep the customers'costs low while reducing the need for more privately owned large capacity vehicles in the community. This added customer base increases awareness of other nearby merchants and fosters relationships that may bring new business to the village,ensuring a viable,expanding local economy.Increased business traffic may require hiring additional employees,improving the quality of life for residents needing work to support themselves and/or their families.The conveniently located neighborhood Store ensures less customer travel,less CO2 emissions into the air and less traffic congestion.The closer equipment and storage is to citizens'pickup and drop off locations,the fewer miles traveled,and the less fuel ultimately burned.Less fuel burned means less CO2 put into the atmosphere.Every mile of reduced combustion engine driving eliminates 12 pounds of CO2 emissions.This store in Virginia Beach will serve more than 42,000 households within 3 miles.U-Haul strives to locate stores within high demand communities to increase equity of access and reduce transportation-related emissions. TJ-Haul Moving and Storage of Green Run will proudly serve the community,hiring 15 local team members to retail truck and trailer sharing,drive up and indoor climate controlled self- storage,U-Box storage,RV and boat parking,Hitch and wiring installations,alternative fuel propane,and quality packing supplies. Sincerely, Samantha Hopkins Marketing Company President Name. `‘ t-ktioo.5 Melanie Gatliff Executive Assistant Address: 5u" Cha untel Hughes General Manager Date: of 6 1`k u t � ni11 c,1 n�� Ili From: 1.1-Haul Co.Of Tidewater 2855 Airline Blvd I Portsmouth I VA 123701 To:Community of Virginia Beach at Holland and Stoneshore rd. Dear Green Run Community: U-Haul has 77 years of experience and expertise utilizing a"sharing"business model. Sharing our equipment with as many customers as possible allows U-Haul to keep the customers'costs low while reducing the need for more privately owned large capacity vehicles in the community. This added customer base increases awareness of other nearby merchants and fosters relationships that may bring new business to the village,ensuring a viable,expanding local conomy..Increased business traffic may require hiring additional employees,improving the quality of life for residents needing work to support themselves and/or their families.The conveniently located neighborhood Store ensures less customer travel,less CO2 emissions into the air and less traffic congestion.The closer equipment and storage is to citizens'pickup and :crop off locations,the fewer miles traveled,and the less fuel ultimately burned.Less fuel burned means less CO2 put into the atmosphere.Every mile of reduced combustion engine driving eliminates 12 pounds of CO2 emissions.This store in Virginia Beach will serve more than 42,000 households within 3 miles.U-Haul strives to locate stores within high demand communities to increase equity of access and reduce transportation-related emissions. U-Haul Moving and Storage of Green Run will proudly serve the community,hiring 15 local team members to retail truck and trailer sharing,drive up and indoor climate controlled self- storage,U-Box storage,RV and boat parking,Hitch and wiring installations,alternative fuel propane,and quality packing supplies. Sincerely, Samantha Hopkins Marketing Company President Name: "e-o Z Melanie Gatliff Executive Assistant Address: 9'0 2 s,..d,e k Chauntel Hughes General Manager Date: I/�&S 1.- From: tJ-Haul Co.Of Tidewater 855 Airline Blvd I Portsmouth I VA I 23701 to:Community of Virginia Beach at Holland and Stoneshore rd. 1)ea r G reen Run Community: U-Haul has 77 years of experience and expertise utilizing a"sharing"business model.Sharing 'ur equipment with as many customers as possible allows U-Haul to keep the customers'costs low while reducing the need for more privately owned large capacity vehicles in the community. This added customer base increases awareness of other nearby merchants and fosters relationships that may bring new business to the village,ensuring a viable,expanding local economy.Increased business traffic may require hiring additional employees,improving the quality of life for residents needing work to support themselves and/or their families.The conveniently located neighborhood Store ensures less customer travel,less CO2 emissions into :he air and less traffic congestion.The closer equipment and storage is to citizens'pickup and drop off locations,the fewer miles traveled,and the less fuel ultimately burned.Less fuel burned means less CO2 put into the atmosphere.Every mile of reduced combustion engine driving liminates 12 pounds of CO2 emissions.This store in Virginia Beach will serve more than 42,000 louseholds within 3 miles.U-Haul strives to locate stores within high demand communities to increase equity of access and reduce transportation-related emissions. U-Haul Moving and Storage of Green Run will proudly serve the community,hiring 15 local team members to retail truck and trailer sharing,drive up and indoor climate controlled self- storage,U-Box storage,RV and boat parking,Hitch and wiring installations,alternative fuel propane,and quality packing supplies. Sincerely, Samantha Hopkins Marketing Company President Name: Kevin C Df(vy f( Melanie Gatliff Executive Assistant Address:3(IR 7 HofIcd a SU,I'C Chauntel Hughes General Manager Date: ail f r 0 4414 Ceryoutiki( Eait CcaJ1 Au 6 506 From: U-Haul Co. Of Tidewater 2855 Airline Blvd I Portsmouth I VA 123701 To: Community of Virginia Beach at Holland and Stoneshore rd. Dear Green Run Community: U-Haul has 77 years of experience and expertise utilizing a"sharing"business model. Sharing our equipment with as many customers as possible allows U-Haul to keep the customers'costs low while reducing the need for more privately owned large capacity vehicles in the community. This added customer base increases awareness of other nearby merchants and fosters relationships that may bring new business to the village,ensuring a viable,expanding local economy. Increased business traffic may require hiring additional employees, improving the quality of life for residents needing work to support themselves and/or their families.The conveniently located neighborhood Store ensures less customer travel,less CO2 emissions into the air and less traffic congestion. The closer equipment and storage is to citizens'pickup and drop off locations, the fewer miles traveled, and the less fuel ultimately burned. Less fuel burned means less CO2 put into the atmosphere. Every mile of reduced combustion engine driving eliminates 12 pounds of CO2 emissions.This store in Virginia Beach will serve more than 42.000 households within 3 miles.U-Haul strives to locate stores within high demand communities to increase equity of access and reduce transportation-related emissions. U-Haul Moving and Storage of Green Run will proudly serve the community,hiring 15 local team members to retail truck and trailer sharing, drive up and indoor climate controlled self- storage, U-Box storage,RV and boat parking, Hitch and wiring installations, alternative fuel propane, and quality packing supplies. Sincerely, Samantha Hopkins Marketing Company President Name: (-4 Melanie Gatliff Executive Assistant Address: Chauntel Hughes General Manager Date: From:U-Haul Co.Of Tidewater 2855 Airline Blvd I Portsmouth I VA 123701 To: Community of Virginia Beach at Holland and Stoneshore rd. Dear Green Run Community: U-Haul has 77 years of experience and expertise utilizing a"sharing"business model. Sharing our equipment with as many customers as possible allows U-Haul to keep the customers'costs low while reducing the need for more privately owned large capacity vehicles in the community. This added customer base increases awareness of other nearby merchants and fosters relationships that may bring new business to the village,ensuring a viable,expanding local economy.Increased business traffic may require hiring additional employees,improving the quality of life for residents needing work to support themselves and/or their families.The conveniently located neighborhood Store ensures less customer travel,less CO2 emissions into the air and less traffic congestion. The closer equipment and storage is to citizens'pickup and drop off locations,the fewer miles traveled,and the less fuel ultimately burned. Less fuel burned means less CO2 put into the atmosphere. Every mile of reduced combustion engine driving eliminates 12 pounds of CO2 emissions.This store in Virginia Beach will serve more than 42,000 households within 3 miles.U-Haul strives to locate stores within high demand communities to increase equity of access and reduce transportation-related emissions. U-Haul Moving and Storage of Green Run will proudly serve the community,hiring 15 local team members to retail truck and trailer sharing,drive up and indoor climate controlled self- storage, U-Box storage,RV and boat parking,Hitch and wiring installations,alternative fuel propane, and quality packing supplies. Sincerely, Samantha Hopkins Marketing Company President Name: Melanie Gatliff Executive Assistant Address: G'Lt7 51Y1o0:itillee_Ln„ Chauntel Hughes General Manager Date: ikt ram ` y 3 Y From: U-Haul Co.Of Tidewater 2855 Airline Blvd I Portsmouth I VA 123701 To: Community of Virginia Beach at Holland and Stoneshore rd. Dear Green Run Community: U-Haul has 77 years of experience and expertise utilizing a"sharing"business model. Sharing our equipment with as many customers as possible allows U-Haul to keep the customers'costs low while reducing the need for more privately owned large capacity vehicles in the community. This added customer base increases awareness of other nearby merchants and fosters relationships that may bring new business to the village,ensuring a viable,expanding local economy.Increased business traffic may require hiring additional employees, improving the quality of life for residents needing work to support themselves and/or their families.The conveniently located neighborhood Store ensures less customertravel, less CO2 emissions into the air and less traffic congestion. The closer equipment and storage is to citizens'pickup and drop off locations, the fewer miles traveled,and the less fuel ultimately burned. Less fuel burned means less CO2 put into the atmosphere. Every mile of reduced combustion engine driving eliminates 12 pounds of CO2 emissions.This store in Virginia Beach will serve more than 42,E households within 3 miles.U-Haul strives to locate stores within high demand communities to increase equity of access and reduce transportation-related emissions. U-Haul Moving and Storage of Green Run will proudly serve the community,hiring 15 local team members to retail truck and trailer sharing, drive up and indoor climate controlled self- storage, U-Box storage,RV and boat parking,Hitch and wiring installations, alternative fuel propane, and quality packing supplies. Sincerely, Samantha Hopkins Marketing Company President Name: A-C- r ro c-‘42C„n Melanie Gatliff Executive Assistant Address: 17 5 Moke4 L Chauntel Hughes General Manager Date: From: U-Haul Co. Of Tidewater 2855 Airline Blvd I Portsmouth I VA 123701 To: Community of Virginia Beach at Holland and Stoneshore rd. Dear Green Run Community: U-Haul has 77 years of experience and expertise utilizing a"sharing"business model. Sharing our equipment with as many customers as possible allows U-Haul to keep the customers'costs low while reducing the need for more privately owned large capacity vehicles in the community. This added customer base increases awareness of other nearby merchants and fosters relationships that may bring new business to the village,ensuring a viable,expanding local economy.Increased business traffic may require hiring additional employees, improving the quality of life for residents needing work to support themselves and/or their families.The conveniently located neighborhood Store ensures less customer travel,less CO2 emissions into the air and less traffic congestion. The closer equipment and storage is to citizens'pickup and drop off locations, the fewer miles traveled,and the less fuel ultimately burned. Less fuel burned means less CO2 put into the atmosphere. Every mile of reduced combustion engine driving eliminates 12 pounds of CO2 emissions.This store in Virginia Beach will serve more than 42,000 households within 3 miles.U-Haul strives to locate stores within high demand communities to increase equity of access and reduce transportation-related emissions. U-Haul Moving and Storage of Green Run will proudly serve the community,hiring 15 local team members to retail truck and trailer sharing,drive up and indoor climate controlled self- storage, U-Box storage,RV and boat parking,Hitch and wiring installations,alternative fuel - propane, and quality packing supplies. �- Sincerely, Samantha Hopkins Marketing Company President Name: Melanie Gatliff Executive Assistant Address: 9f' Cetat1. Chauntel Hughes General Manager Date: 3/1 -2-2 Pr 1111 mmunirme _ _Ya, From: U-Haul Co.Of Tidewater ip 2855 Airline Blvd I Portsmouth I VA!23701 T, To: Community of Virginia Beach at Holland and Stoneshore rd. Dear Green Run Community: ,, ` -j -ft •..>.,. •-:_. . ••.-•. e a , --' > •.- , '`..� is-�=''. y a" - ,•- .T'K '.. .... `�,.. 'F ems -U-Haul has 77 years of experience and expertise utilizing a"sharing"business model.Sharing our equipment with as many customers as possible allows U-Haul to keep the customers'costs low while reducing the need for more privately owned large capacity vehicles in the community.,:. This added customer base increases awareness of other nearby merchants and fosters relationships that may bring new business to the village,ensuring a viable,expanding local economy. Increased business traffic may require hiring additional employees, improving the quality of life for residents needing work to support themselves and/or their families.The conveniently located neighborhood Store ensures less customer travel,less CO2 emissions into the air and less traffic congestion. The closer equipment and storage is to citizens'pickup and drop off locations, the fewer miles traveled,and the less fuel ultimately burned. Less fuel burned means less CO2 put into the atmosphere. Every mile of reduced combustion engine driving eliminates 12 pounds of CO2 emissions.This store in Virginia Beach will serve more than 42, households within 3 miles.U-Haul strives to locate stores within high demand communities to increase equity of access and reduce transportation-related emissions. U-Haul Moving and Storage of Green Run will proudly serve the community,hiring 15 local team members to retail truck and trailer sharing, drive up and indoor climate controlled self- storage, U-Box storage,RV and boat parking, Hitch and wiring installations,alternative fuel propane, and quality packing supplies. 11111r.„*. Sincerely, �� �((' an President Name: r" S Samantha Hopkins Marketing Company � Sr),,)1(2-- ChauntelMelanie Gatliff Executive Assistant Address: cj i Hughes General Manager Date: 3/1 /2:1. CITY OF VIRGINIA BEACH AGENDA ITEM I ITEM: AN ORDINANCE TO ADD SECTION 250, 251, 252, 253 AND 254 OF THE CITY ZONING ORDINANCE PERTAINING TO LIGHTING REQUIREMENTS. (SPONSORED BY COUNCIL MEMBER HENLEY) MEETING DATE: September 20, 2022 • Background: Work on a lighting ordinance began a number of years ago and was sponsored by Council Member Henley. The existing ordinance only requires parking areas to have all sources of illumination shielded to prevent any glare toward adjacent properties where residential, apartment, or hotel uses are permitted. • Considerations: This proposed ordinance adds regulations to protect neighborhoods, the environment, and the night sky from non-vehicular light sources by providing standards for outdoor lighting which facilitate night-time safety, utility, security, productivity, enjoyment, and commerce. Outdoor lighting will be regulated through defining the directionality and cutoff of lighting fixtures, setting illumination levels found at a site's property lines, and limiting the height of lighting fixtures. A photometric plan and an inspection with light meter readings will be required to confirm compliance with this proposed ordinance. Further details pertaining to the ordinance, as well as Staff's evaluation, are provided in the attached Staff Report. There is no known opposition to this request. One speaker raised concerns regarding small, residential, landscape lighting in the City Right-of-Way and a minor update was made to the language to account for those types of fixtures that may be administratively permitted. Recommendations: On August 10, 2022, the Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 10-0, to recommend approval of this request. • Attachments: Staff Report Ordinance Minutes of Planning Commission Hearing City of Virginia Beach — Lighting Requirements Page 2 of 2 Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: N A_ 1 AN ORDINANCE TO ADD SECTIONS 250, 251, 2 252, 253 and 254 OF THE CITY ZONING 3 ORDINANCE PERTAINING TO LIGHTING 4 REQUIREMENTS 5 6 Sections Added: §§ 250, 251, 252, 253, and 7 254 of the City Zoning Ordinance 8 9 WHEREAS, the public necessity, convenience, general welfare and good zoning 10 practice so require; 11 12 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 13 BEACH, VIRGINIA: 14 15 That Sections 250, 251, 252, 253 and 254 of the City Zoning Ordinance are 16 hereby added and reordained to read as follows: 17 18 ARTICLE 2. GENERAL REQUIREMENTS AND PROCEDURES APPLICABLE TO ALL 19 DISTRICTS 20 21 . . . . 22 23 I. LIGHTING REQUIREMENTS 24 25 Sec. 250. Legislative Intent. 26 27 The purpose of this ordinance is to establish comprehensive regulations for 28 outdoor lighting throughout the City of Virginia Beach that will: 29 30 a) Provide for and control outdoor lighting that is necessary for night-time 31 safety, utility, security, productivity, enjoyment and commerce; 32 33 Protect pedestrians and drivers from glare of non-vehicular light sources; 34 35 c) Protect neighbors, the environment and the night sky from 36 nuisance glare and light trespass from improperly selected. 37 placed, aimed, applied, maintained or shielded light sources: 38 39 d) Help protect the natural environment from the adverse effects of night 40 lighting from gas or electric sources; and 41 42 ) Promote energy efficient lighting design and operation. 43 44 Sec. 251. Definitions. 45 46 The following terms shall be defined as set forth herein: 1 47 48 fp) "Floodlight' is a large, powerful light used to illuminate a field or the exterior 49 of a building. 50 51 'b "Footcandle" is a unit of light density incident on a plane (assumed to be 52 horizontal unless otherwise specified), and measurable with an illuminance 53 meter, a.k.a. light meter. 54 55 ) "Full cutoff' is an attribute of a luminaire from which no light is emitted at or 56 above a horizontal plane drawn through the lowest light-emitting portion of 57 the luminaire and no more than ten percent (10) of the lamp's intensity is 58 emitted at or above an angle ten (10) degrees below that horizontal plane. 59 at all lateral angles around the luminaire. A full-cutoff luminaire, by 60 definition: also is "fully shielded." 61 62 'd "Fully shielded' is an attribute of a luminaire from which no light is emitted at 63 or above a horizontal plane drawn through the lowest light-emitting portion 64 of the luminaire. 65 66 () "Glare" is excessive brightness in the field of view that is sufficiently greater 67 than that to which the eyes are adapted, causing annoyance or loss in 68 visual performance and visibility, so as to jeopardize health, safety, or 69 welfare. 70 71 (f "Illuminance" is the quantity of incident light, measured in footcandles. 72 73 ig) "Light trespass" is light emitted by a luminaire or lighting installation, which 74 is cast beyond the boundaries of the property on which the lighting 75 installation is sited. 76 77 "Lumen" as used in the context of this Ordinance, is the light-output rating of 78 a lamp (light bulb). 79 80 "Luminaire" is a complete lighting fixture assembly consisting of ballast, 81 lamp(s), lamp holder, electrical components, light directing devices and lens 82 or diffuser. 83 84 "Searchlight" is an outdoor electric light with a concentrated beam that can 85 be turned in a required direction. 86 87 88 Sec. 252. General Lighting Requirements. 89 90 a) Conformance with All Applicable Codes. All outdoor lighting fixtures shall 91 be installed and maintained in conformance with the provisions of this 92 Ordinance, and in conjunction with any applicable requirements from the 2 8£I• buijgbil leuoseas kiwodwal L£I. 9£1. °sainTeaj 9£I, Jolem Jaywo pue 'sulewnoJ 'slood bulww!Ms ul buijgbil Jaleivuepun (7 •17£ CC 1, :A3lnlloe uopnAsuoo JO Juana goads ayi to uopldwoo Z£ aq;uodn panu!Tuoosip sl bui gbil Lions papinOJd— 1,£L. sails uoprulsuoo pue swana Roads JoJ buggbll AJeJodweI ("9 0£I. 6Z1. :(eoueuipJp ubis ay; 8Z 1. Aq paleln6aJ Si subls JoJ buijgbil) a6eubis JoJ Alalos buRgb f LZ 9Z L. :ApA pe lwnylno0e apg euoq e Jo Jed se buRgbn 9Z 1, 17ZL. :yyj ay;cq A ajes uof4ebineN Jiy JoJ paainbal s4yb!l £Z ZZ� •row 1•Z I. Jo JaMo4 Amp a y4IM pa4eioosse bui4ybll pa4epuew-yfJ t 0Z L. 61.I. 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The following exterior lighting is prohibited: 158 159 1l Light fixtures that imitate any official highway or traffic control light or 160 sign; 161 162 21 Light fixtures in the direct line of site with any traffic control light or 163 sign; 164 165 3) Light fixtures impairing the vision of vehicles traveling on any public 166 right-of-way: 167 168 LI Privately owned light fixtures located in the public right-of-way, 169 without an encroachment agreement approved by City Council; 170 171 5) Searchlights, and other high-intensity narrow-beam fixtures. except 172 when used by the Federal, Commonwealth, or city authorities: and 173 174 ) Light types of limited spectral emission, such as low-pressure 175 sodium or mercury vapor lights. Light sources shall be color- 176 correct types such as halogen, LED or metal halide. 177 178 ) Outdoor lighting requirements. Outdoor site lighting must primarily be used 179 to provide safety. while secondarily accenting key architectural elements 180 and to emphasize landscape features. All lighting fixtures designed or 181 placed to illuminate any portion of a site must meet the following 182 requirements: 183 184 1) In order to direct light downward and minimize the amount of light 4 5 6ZZ :seam bui ped u! 9ZZ 11-Jdlaq u! 1aaj 08 paaoxa saintx j bu!tgb!! Heys aseo ou u! •n! LZZ 9ZZ :Hounoo nl!o Aq pegpeds as!Maaylo ssalun 'au!! Apadoad 9ZZ ego 10!eel(001.) paapung auo pue (09) uaaMiaq PZZ Iyb!ay u! laeJ(OZ) nluang paaoxa jou !legs asn luaw1ede EZZ Jo leguap!saJ a jueoelpe ajls Aue.Joj sainpxq bU! gbll ZZZ pue salod 1y6!!1o! 6unued Aue.ioj wnw!xew aql •!!! 1.ZZ OZZ :�yb!ay u! laaj(t71.) 6I.Z uaapnoo paaoxa iou Aew lou}s!p tuawiJede Jo le!tuap!saa g�Z e jo;eel (0s) A 4 j ulgllM Palma! sainpx j buNblq •!! 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In no case shall lighting fixtures be less than nine (9) 231 feet or more than fifteen (15) feet in height above the 232 sidewalk in pedestrian areas. 233 234 Sec. 253 Lighting Design Standards for Specific Uses and Site Features 235 236 In addition to complying with all applicable standards in Section 252, General 237 Lighting Requirements, the uses and site features identified in this section shall 238 comply with the standards established for that type of use or site feature. 239 240 ) Sports and performance areas shall be equipped with an existing glare 241 control package (e.q., louvers, shields, or similar devices) and focused 242 so that the beams are directed and fall within the primary playing. 243 seating, or performance area. 244 245 ) Wall pack lights on the exterior of the building shall be fully shielded and 246 shall be aimed at least 45 degrees from the horizontal. 247 248 (c) Landscape lighting shall be forward throw fixtures, which direct light 249 toward the interior of the site 250 251 Ld) Lighting for piers shall be full cut off fixtures unless required by State or 252 Federal navigation requirements 253 254 Sec. 252. Lighting System Documentation Requirements. 255 256 ) To ensure compliance with the standards of this section. a lighting plan 257 demonstrating how the exterior lighting will comply with the standards of 258 this ordinance shall be included as part of any of the following: 259 1) Site Plans which propose lighting as part of the development for all 260 uses other than one-and two- family development unless waived 261 by the Planning Director: 262 2l Discretionary applications, when requested by staff due to potential 263 impacts on neighboring properties 264 265 b) Alternatives to the requirements in Section 252 and 253 may be approved 266 by the Director of Planning when the intent of the ordinance is met 267 through an alternative design. 268 269 ) A lighting plan prepared by a registered engineer, surveyor or other 270 persons duly licensed by the Commonwealth of Virginia to practice as 271 such shall be submitted and include: 272 273 1) Photometric plans with point-by-point, calculated lighting 274 levels shown in foot candles: 275 6 276 a) An information sheet including calculations measured at 277 grade in a 10'x10' grid covering the entirety of the lighted 278 area with ten (10) feet spacing between points, and ten (10) 279 feet beyond the property line with ten (10) feet spacing 280 between points; and 281 282 a) The type and style shall be provided for all proposed lighting 283 fixtures. Additional information, to include the manufacturing 284 specifications for lighting fixtures, may be required upon 285 request. 286 287 Adopted by the Council of the City of Virginia Beach, Virginia, on the _ day of , 20 . APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: .1/1) [a&d)OPY PlanningDe a ent City A tto_ ey's Office ce CA14632 R-4 June 7, 2022 7 Applicant City of Virginia Beach\B Agenda Item Planning Commission Public Hearing August 10, 2022 Lighting Ordinance Virginia Beach Request An Ordinance to add Section 250, 251, 252, 253 and 254 of the City Zoning Ordinance pertaining to lighting requirements. Summary of Request Work on a lighting ordinance began a number of years ago and was sponsored by Council Member Henley. The existing ordinance only requires parking areas to have all sources of illumination shielded to prevent any glare toward adjacent properties where residential, apartment, or hotel uses are permitted. This proposed ordinance adds additional regulations to protect neighborhoods, the environment, and the night sky from non-vehicular light sources by providing standards for outdoor lighting which facilitate night-time safety, utility,security, productivity,enjoyment, and commerce. Outdoor lighting will be regulated through defining the directionality and cutoff of lighting fixtures, setting illumination levels found at a site's property lines, and limiting the height of lighting fixtures. A photometric plan and an inspection with light meter readings will be required to confirm compliance with this proposed ordinance. The proposed ordinance exempts certain types of lighting, if they are deemed to not be a hazard to public health, safety, or welfare: • Lighting for public art, monuments, and statuary,when directed toward the public art, monument, or statuary; • FAA-mandated lighting associated with a utility tower or airport; • Lights required for Air Navigation Safety by the FAA; • Lighting as part of a bona fide agricultural activity; • Lighting solely for signage (lighting for signs is regulated by the Sign Ordinance); • Temporary lighting for special events and construction sites—provided such lighting is discontinued upon the completion of the special event or construction activity; • Underwater lighting in swimming pools,fountains, and other water features; • Temporary seasonal lighting; • Lighting only used under emergency conditions—provided such lighting is discontinued upon abatement of the emergency situation; • Lighting located within the public Right of Way or on City owned property when approved by City Council or Public Works; • Lighting approved by the Planning Director as recommended by the Virginia Beach Police Department; • Lighting specified or approved with a specific city council action; and • Lighting exempt under federal, commonwealth or city laws or regulations The proposed ordinance prohibits the following types of lighting due to their negative impacts on neighboring properties and their hazardous impacts to public health, safety, and welfare: • Light fixtures that imitate any official highway or traffic control light or sign; • Light fixtures in the direct line of site with any traffic control light or sign; • Light fixtures impairing the vision of vehicles traveling on any public right-of-way; City of Virginia Beach Agenda Item 1 Page 1 • Privately owned light fixtures located in the public right-of-way,without an encroachment agreement approved by City Council; • Searchlights, and other high-intensity narrow-beam fixtures, except when used by the Federal, Commonwealth, or city authorities; and • Light types of limited spectral emission, such as low-pressure sodium or mercury vapor lights. Light sources shall be color-correct types such as halogen, LED or metal halide. The proposed ordinance requires most fixtures to be full cut off,which is defined in the ordinance: a luminaire (lighting fixture) from which no light is emitted at or above a horizontal plane drawn through the lowest light-emitting portion of the luminaire and no more than ten percent (10) of the lamp's intensity is emitted at or above an angle ten (10) degrees below that horizontal plane, at all lateral angles around the luminaire. A full-cutoff luminaire, by definition, also is "fully shielded". The proposed ordinance limits the maximum illumination onto neighboring properties or city right of way based on the neighboring use, from 0.5 foot-candles to 5.0 foot-candles. Foot-candle is defined in the ordinance as: a unit of light density incident on a plane (assumed to be horizontal unless otherwise specified), and measurable with an illuminance meter, a.k.a. light meter. Additional regulations are included in the proposed ordinance such as: lighting fixtures are limited in height based on their distance from the property line; special allowances for sports and performance areas; and special allowances for alternative designs. Site plans for uses other than one- and two-family development and discretionary applications are required to submit a lighting plan to ensure compliance with the standards of this proposed ordinance. The requirement for a lighting plan can be waived by the Planning Director in certain cases. Light meter readings can be done on-site by a Zoning Inspector to confirm compliance with the proposed ordinance. Public Outreach Information During the drafting of this amendment staff reached out to internal and external stakeholders for input. Including: Virginia Beach City Public Schools Virginia Beach Fire Department Virginia Beach Police Department Coastal Virginia Builders Association Recommendation Staff recommends approval of this Ordinance as it will ensure standardized, consistent, and predictable site lighting for developments, in addition to facilitating the safety and enjoyment of outdoor spaces after dark within the City. City of Virginia Beach Agenda Item 1 Page 2 Virginia Beach Planning Commission August 10, 2022, Public Meeting Agenda Item # 1 City of Virginia Beach An Ordinance to add Sections 250, 251, 252, 253 and 254 to the City Zoning Ordinance pertaining to lighting requirements. RECOMMENDED FOR APPROVAL— CONSENT Mr. Alcaraz: We're good. We're moving on to the consent, Mr. Weiner, you can take it from here. Mr. Weiner: Today we have 15 items on the Consent Agenda. The first one is item number one, an Ordinance to add Section 250, 251, 252, 253, and 254 to the City's Zoning Ordinance pertaining to lighting requirements. Ms. Sabo: Thank you, as referenced this ordinance adds a number of sections to the City's Zoning Ordinance pertaining to lighting requirements. It was sponsored by Councilmember Henley. The purpose of this amendment is to provide for outdoor lighting that is necessary for safety and enjoyment and commerce, as well as protecting neighbors, the environment, and drivers from non-vehicular light sources. There are a number of definitions that are added to the ordinance as part of this amendment, including a definition for full cut off, which is a type of light to which no light is emitted at or above the horizontal plane drawn at the lowest portion of the light. Another definition is foot candle which is a unit of light density that would land on a plane and that can be measured with a light meter. That is one of the units that is referenced in the ordinance. From this ordinance there's a number of different lighting types, including lighting for public monuments, safety lighting for the FAA, lighting required by the police department, and then other types of lighting for emergency conditions. Certain types of lighting are prohibited by the ordinance including lights which imitate any official highway or traffic control light or signage. Any lighting in the public right of way does require an encroachment agreement, or council approval, search lights or other high intensity lights are permitted only when used by the Federal Commonwealth or other city authorities. Lighting with types of special emission or special lighting types of colors are not permitted. Lighting sources should be color corrected types such as halogen, LEDs or metal halide. Outdoor lighting requirements include a limit on the foot candles of lighting that would be on a property line.So,we do have a maximum of point five all the way up to five foot candles depending on what the adjacent property use is. Here are some examples of foot candles in areas around Virginia Beach including on the boardwalk and at Town Center, and then on Virginia Beach Boulevard. I am now showing some examples of car dealerships. The ordinance also has height requirements for lighting fixtures, again, depending on its proximity to residential or apartment district, ranging from 14 feet, if it's within 50 feet of a residential apartment district, and then as you move farther away from a residential or apartment district, the allowed lighting fixture height does go up. Commercial parking areas within 20 feet of a single-family residential dwelling or single family residential property line are limited to bollard style lighting with full cut offs and no taller than four feet in height. Additional outdoor lighting requirements include that, all lighting fixtures must be full cut off features as referenced in the definitions. Floodlights, however, do not need to be full cut offs if they're used in conjunction with a single family use. Additionally, wall packs on the exteriors of buildings need to be fully shielded and aimed at least 45 degrees from the horizontal either up or down. Landscape lighting must be forward throw fixtures aimed at the interior of the property, and then sports and performance arenas need to provide a glare control package. We are requiring a photometric plan for all site plans with proposed lighting and for discretionary applications except for those for single family dwellings, and then inspections with light meter readings, and again, this is an ordinance to add sections 250, 251, 252, 253, and 254 to City's Zoning Ordinance. Mr. Weiner: Is there any opposition to this being placed on the consent agenda? Madam Clerk: Mr. Vice Chair. There's no opposition, however, Mr. Bourdon, would like to make a comment. Mr. Bourdon: Thank you. I will make just a quick comment, a lot of work went into this, understand that, and I'm not in any way expressing opposition to what's being done. I do have a concern, I expressed this Ms. Sabo a couple of months ago, section 252(c)(4) prohibiting light fixtures in the public right of way. First of all, there's no definition of a light fixture or a landscape lighting, both of those terms are in here as well as lighting, but there are especially in the northern part of the city and some degree in down south, scores, if not 1 ,000s of landscape lighting, ground level lighting trees, and other, you know, amenities, whatever that are in the right of way in front of people's homes. We have a lot of roads that are some are 50 feet wide in right of way, some that are 60, 70, 80, 90 at the north end that have small 20 foot roads on it, especially improved roads, especially waterfront areas, etc, and there are loads and loads of people who have very attractive landscape lighting that is technically in the city right of away, and the idea that everyone's going to have to then go in for an encroachment it takes for what consider real encroachments at least six months to get on a council agenda, and just don't know if this is going to be able to be implemented in an effective way that isn't going to annoy a whole lot of people. If it's enforced so that I just think standards might be a better way to deal with that landscape lighting in the right of away in front of people's homes because there's a ton of it out there. Thank you. Mr. Weiner: Thank you. Mr. Horsley. Mr. Chairman that is the end of the consent agenda. move for approval items number 1, 4, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, and 20. Mr. Alcaraz: Alright, thank you. I have taken that's your motion to approve those items. Thank you. Mr. Weiner: Is there a second? Hearing second, are there any Planning Commissioners abstaining any of these consent agendas items? Mr. Redmond: I want to make two disclosures. Number one, I should have disclosed earlier when we had application withdrawn, for some time I abstained on short-term rental applications and ordinances because I had a client in the travel industry, I no longer have that client, and so I am withdrawing the letter or at least withdrawing my abstention from those items, and henceforth I we'll be voting on those items. Second, I would also like to mention that Agenda Item Number 10, Jenny Corporation is applying at a shopping center at Salem Crossing Shopping Center, which is leased by a colleague of mine at my place of business. I don't receive any kind of remuneration or have anything to do with that piece of business. So I may merely make that disclosure. I will be voting in favor of that, and the rest of the consent agenda. Thank you. Mr. Alcaraz: Pursuant to the state and local government conflict of interest, I make the following declaration. I'm executing this written disclosure in hand regarding the Planning Commission's discussion on vote number 13, Ocean Developers, LLC 404 34th Street. I'm employed by the previous owner of this property, and though they're not the owners of this application, I believe that I have a financial personal interest in this transaction. As such, I've made a disclosure, and I will be abstaining from this application. Thank you. Madam Clerk: The vote is open. By vote of 10 in favor, zero against, noting that Mr. Alcaraz has abstained from voting on agenda item 13, agenda items number 1, 4,8,9,10,11,12,13,14,15,16,17,18,19,20 have been recommended for approval by consent. AYE 10 NAY 0 ABS 0 ABSENT 1 Alcaraz AYE Bradley AYE Clemons AYE Coston AYE Cuellar AYE Frankenfield AYE Horsley AYE Oliver AYE Redmond AYE Wall ABSENT Weiner AYE M. APPOINTMENTS 2040 VISION TO ACTION COMMUNITY COALITION ACTIVE TRANSPORTATION ADVISORY COMMITTEE AGRICULTURAL ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION BOARD OF BUILDING CODE APPEALS CLEAN COMMUNITY COMMISSION COMMUNITY ORG. GRANT REVIEW AND ALLOCATION COMMITTEE COMMUNITY SERVICES BOARD GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMISSION HISTORICAL REVIEW BOARD HUMAN RIGHTS COMMISSION INDEPENDENT CITIZEN REVIEW BOARD MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE MINORITY BUSINESS COUNCIL PARKS AND RECREATION COMMISSION PUBLIC LIBRARY BOARD SOCIAL SERVICES ADVISORY BOARD TIDEWATER COMMUNITY COLLEGE TIDEWATER YOUTH SERVICES COMMISSION TA/ITA CITIZENS ADVISORY COMMITTEE URBAN AGRICULTURE ADVISORY COMMITTEE WETLANDS BOARD N. UNFINISHED BUSINESS O. NEW BUSINESS P. ADJOURNMENT *********************************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ************************* The Agenda(including all backup documents) is available at https://www.vbgov.comigovernment/departments/city-clerk city-council under the eDocs Document Archive. If you would like to receive by email a list of the agenda items for each Council meeting, please submit your request to TChelius@vbgov.com or call 385-4303. Citizens who wish to speak can sign up either in-person or virtually via WebEx. Anyone wishing to participate virtually, must follow the two-step process provided below: 1. Register for the WebEx at https://vbgov.webex.com/vbgov/onstage/g.php?MTID=ed 1296d6d892ac98cd370140c 142e77bb 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on September 20, 2022. CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:09/06/2022 PAGE: 1 B E AGENDA R H ITEM# SUBJECT MOTION VOTE L B H 0 W W U R E L M R T I O C A DNC I MOO L O C N Y L O L OUWS T HCEEME S S EOE I FIR YBS S ERNN I. CITY COUNCIL'S BRIEFING A. PARKS&RECREATION SPORTS Michael Kirschman, MANAGEMENT UNIT OVERVIEW Director—Parks& (Requested By Council Member Wooten) Recreation III. CITY COUNCIL DISCUSSION/ INITIATIVES/COMMENTS IV-V CERTIFICATION OF CLOSED CERTIFIED 10-0 A Y Y Y Y Y Y Y Y Y Y A-E SESSION F. MINUTES 1. INFORMAL/FORMAL SESSIONS APPROVED 10-0 A Y Y Y Y Y YYY Y Y August 16,2022 2. FORMAL SESSION APPROVED 10-0 A Y Y Y Y Y YYY Y Y August 23,2022 G. PUBLIC HEARINGS L ACQUISITION, BY AGREEMENT OR I SPEAKER CONDEMNATION Construct a City Pump Station re Eastern Shore Drive Drainage Improvements Section ID Lynnhaven Drive Pump Station Project 2. CHANGE THE CENTRAL ABSENTEE I SPEAKER PRECINCT FOR THE NOVEMBER ELECTIONS to Building 23 within the Municipal Center 1.1. Ordinance to ADD Article XVI to City Code DEFERRED TO 8-1 A Y Y Y N Y YYY AY Chapter 35 re establish disposable plastic DECEMBER 6,2022 bag tax (Requested by Council Member Tower)Deferred from July 5,2022 1.2. Resolution to DIRECT the City Manager to ADOPTED,BY 10-0 A Y Y Y Y Y YYYY Y submit a grant application re the Virginia CONSENT Beach Trail(Requested by City Council) I.3. Resolution to APPROVE the School Board's DEFERRED TO 7-1 A Y Y Y Y A ANY Y Y entry into an Interim Agreement re the design OCTOBER 18,2022, B B work at Princess Anne High School, B.F. BY CONSENT S S Williams/ Bayside 6'h, and Bayside High T T School(Requested by Virginia Beach School A A Board) 1 I N N E E D D 1.4. Ordinance to AMEND City Code Section 10- ADOPTED,BY 10-0 A Y Y Y Y Y Y Y Y Y Y 1 re change the Central Absentee Precinct CONSENT location to Building 23 for the November Elections 1.5. Ordinance to EXTEND the date for satisfying ADOPTED,BY 10-0 A Y Y Y Y Y Y Y Y Y Y the conditions re closing a 10,645 square foot CONSENT portion of right-of-way known as Lord Dunmore Drive CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:09/06/2022 PAGE: 2 B E AGENDA R H ITEM# SUBJECT MOTION VOTE L B H 0 W W U R E L M R T 1 O C A DNC I MOO L O C N Y L 0 L OCWS T HCEEME S S EOE I H R YBS S ERNN I.6. Resolution to APPROVE the FY2023 ADOPTED,BY 10-0 A Y Y Y Y Y YYY Y Y Performance Contract with the CONSENT Commonwealth of Virginia re mental health, developmental,and substance use disorder services I.7. Ordinance to APPROPRIATE$532,319 to ADOPTED,BY 10-0 AY Y Y Y Y YYYY Y the FY2022-23 Clerk of the Circuit Court CONSENT Operating Budget re technology related expenses 1.8. Ordinance to APPROPRIATE $276,903 ADOPTED,BY 10-0 A Y Y Y Y Y YYY Y Y from the Police Federal&State Seized Assets CONSENT Special Revenue Fund Balance to the FY2022-23 Police Department Operating Budget re to purchase three (3) canines, specialty vehicles,and training I.9. Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY 10-0 A Y Y Y Y Y YYY Y Y $90,580 from the Department of Motor CONSENT Vehicles (DMV) to the FY2022-23 Police Department Operating Budget and AUTHORIZE 50% in-kind match re overtime, equipment expenses related to speed enforcement 1.10. Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY 10-0 A Y Y Y Y Y YYY Y Y $54,530 from the Virginia Department of CONSENT Education(VDOE)to the FY2022-23 Parks and Recreation Operating Budget re support early childhood programs at Princess Anne, Bow Creek, Kempsville, and Williams Farm Recreation Centers 1.11. Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY 10-0 A Y Y Y Y Y YYYY Y $47,200 from the Department of Motor CONSENT Vehicles (DMV) to the FY2022-23 Police Department Operating Budget and AUTHORIZE 50% in-kind match re overtime,training,and equipment expenses related to the DUI enforcement I.12. Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY 10-0 A Y Y Y Y Y YYYY Y $34,349 from the Library of Virginia to the FY CONSENT 2022-23 Public Library Operating Budget re purchase books and other materials for the City's Public Libraries print and digital collections I.13. Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY 10-0 A Y Y Y Y Y YYYY Y $29,400 from the Department of Motor CONSENT Vehicles (DMV) to the FY2022-23 Police Department Operating Budget and AUTHORIZE 50% in-kind match re overtime related to enforcement of seat belt and occupant protection laws CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:09/06/2022 PAGE: 3 B E AGENDA R H ITEM# SUBJECT MOTION VOTE I_ B H 0 W W U R E L M R T I O C A DNC I MOO L O CNY L 0 L OUWS T HCEEME S S E O E 1 H R YBS S ERNN I.14. Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY 10-0 A Y Y Y Y Y YYYY Y $21,000 from the Virginia Department of CONSENT Behavioral Health and Developmental Services to the FY2022-23 Department of Human Services Operating Budget re assist nine(9)individuals in the community for health and household needs 1.15. Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY 10-0 A Y Y Y Y Y YYYY Y $4,673 from the Virginia Department of CONSENT Behavioral Health and Development Services (DBHDS)to the FY 2022-23 Department of Human Services Operating Budget re Projects for Assistance in Transition from Homelessness(PATH)Program J.l. REED ENTERPRISES INCORPORATED APPROVED/ 10-0 A Y Y Y Y Y YYYY Y ONE, A VIRGINIA CORPORATION & MODIFIED/ LIBERTY TRANSMISSION & AUTO CONDITIONED,BY CARE, INC., A VIRGINIA CONSENT CORPORATION for a Modification of Proffers to a Conditional Rezoning & Conditional Use Permit re auto repair garage at 3041 Holland Road DISTRICT 2(Formerly District 7-Princess Anne) J.2. JOYCE NELSON / SHELLEY GRAY APPROVED/ 10-0 A Y Y Y Y Y YYY Y Y SWEITZER & SUZANNE GRAY for a PROFERRED,BY Conditional Change of Zoning from CONSENT Conditional B-2 Community Business District to Conditional AG-2 Agricultural District re single-family dwelling at 2748 West Landing Road DISTRICT 2 (Formerly District 7 - Princess Anne) J.3. TFJG CANOPY,LLC/SCHOOL BOARD APPROVED/ 7-1 A Y Y Y Y N A Y Y A Y OF THE CITY OF VIRGINIA BEACH for PROFERRED B a Conditional Change of Zoning from A-12 S Apartment District to Conditional B-4 Mixed T Use District re redevelop the property with A up to 132 multi-family dwelling units and I commercial use at 1413 Laskin Road N DISTRICT 6(Formerly District 6-Beach) E D J.4. T-MOBILE & CITY OF VIRGINIA APPROVED/ 10-0 AY Y Y Y Y YYY Y Y BEACH for a Conditional Use Permit re CONDITIONED,BY communication tower at 2068 Landstown CONSENT Centre Way DISTRICT 2(Formerly District 7 -Princess Anne) J.5. WORLD FAMOUS OCEANA BHS,INC/ APPROVED/ 10-0 AY Y Y Y Y YYY Y Y OCEANA CROSSINGS, LLC for CONDITIONED,BY Conditional Use Permits re tattoo parlor& CONSENT body piercing at 1375 Oceana Boulevard, Unit 118 DISTRICT 5(Formerly District 6-- Beach) CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:09/06/2022 PAGE: 4 B E AGENDA R H ITEM# SUBJECT MOTION VOTE L B H 0 W W U R E L M R T I O C A DNC I MOO L O C N Y L 0 L OUWS HCEEME S S EOE I H R YBS S ERNN J.6. WORLD FAMOUS BHS, INC / APPROVED/ 10-0 AY Y Y Y Y YYY Y Y LYNNHAVEN INVESTMENT CONDITIONED,BY PARTNERS, LLC for Conditional Use CONSENT Permits re tattoo parlor&body piercing at 2980 Virginia Beach Boulevard DISTRICT 8 (Formerly District 5—Lynnhaven) J.7 JENNY CORPORATION / ELIAS APPROVED/ 10-0 AY Y Y Y Y YYY Y Y PROPERTY SALEM CROSSING, LLC CONDITIONED,BY for a Conditional Use Permit re tattoo parlor CONSENT at 2029 Lynnhaven Parkway, Suite 200 DISTRICT 7 (Formerly District 3 — Rose Hall) K. APPOINTMENTS RESCHEDULED BYCO N S ENSU S 2040 VISION TO ACTION COMMUNITY COALITION ACTIVE TRANSPORTATION ADVISORY COMMITTEE AGRICULTURAL ADVISORY COMMITTEE BEACHES AND WATERWAYS ADVISORY COMMISSION BOARD OF BUILDING CODE APPEALS CLEAN COMMUNITY COMMISSION COMMUNITY SERVICES BOARD GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HUMAN RIGHTS COMMISSION INDEPENDENT CITIZEN REVIEW BOARD INVESTIGATION REVIEW PANEL MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PUBLIC LIBRARY BOARD SOCIAL SERVICES ADVISORY BOARD TA/ITA CITIZENS ADVISORY COMMITTEE TIDEWATER YOUTH SERVICES COMMISSION URBAN AGRICULTURE ADVISORY COMMITTEE ACTIVE TRANSPORTATION Appointed: 9-0 A YYY Y Y YYY A Y ADVISORY COMMITTEE Dylan Blando— Thomas Lankford- Representing Student Members 9/6/2022—6/30/2023 ATLANTIC PARK COMMUNITY Appointed: 9-0 A Y Y Y Y Y YYY A Y DEVELOPMENT AUTHORITY Delceno C.Miles 9/6/2022-12/31/2022 CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:09/06/2022 PAGE: 5 B E AGENDA R H ITEM# SUBJECT MOTION VOTE L B H 0 W W U R E L M R T I O C A DNC I MOO L O C N Y L O L OLIWS T HCEEME S S EOE I H R YBS S ERNN AUDIT COMMITTEE Appointed: 9-0 A Y Y Y Y Y YYY A Y John D.Moss- Ex-Officio Unexpired thru 4/30/2023 BAYFRONT ADVISORY COMMITTEE Appointed: 9-0 A Y Y Y Y Y YYY A Y Delceno C.Miles- Ex-Officio 9/6/2022-12/31/2022 CLEAN COMMUNITY COMMISSION Appointed: 9-0 A Y Y Y Y Y YYY A Y Sanae Lindsay- Mariella Muniz- Representing Student Members 1 Year Term 9/6/2022-8/31/2023 COMMUNITY POLICY AND Appointed: 9-0 A Y Y Y Y Y YYY A Y MANAGEMENT TEAM Aileen Smith,Director- Human Services Gregory Smith, Director-Court Services Unit Unexpired term thru 1/31/2024 DEVELOPMENT AUTHORITY Reappointed: 9-0 A Y Y Y Y Y YYY A Y William Brunke Taylor Franklin Penny Morgan 4 Year Term 9/1/2022-8/31/2026 HAMPTON ROADS PLANNING Appointed: 9-0 A Y Y Y Y Y YYY A Y DISTRICT COMMISSION Delceno C.Miles No Term HISTORIC PRESERVATION Appointed: 9-0 A YYY Y YYYY A Y COMMISSION Jenna Morris- Representing Student Members Unexpired Term thru 9/30/2022 +1 Year Term 10/1/2022-9/30/2023 Reappointed: Natalie Hubbard- Representing Student Members 1 Year Term 10/1/2022-9/30/2023 HOUSING ADVISORY BOARD Reappointed: 9-0 A Y Y Y Y Y YYY A Y Ann Crenshaw 4 Year Term 10/1/2022-9/30/2026 CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:09/06/2022 PAGE: 6 B E AGENDA R H ITEM# SUBJECT MOTION VOTE L B H 0 W W U R E L M R T I 0 C A DNC I MOO L O C N Y L O L OUWS T HCEEME S S EOE I H R YBS S E R ; N N HUMAN RIGHTS COMMISSION Appointed: 9-0 A Y Y Y Y Y YYY A Y Simone Nied- Representing Student Members 2 Year Term 10/1/2022-9/30/2024 INVESTIGATION REVIEW PANEL Reappointed: 9-0 A Y Y Y Y Y YYY A Y Susan Mayo 3 Year Term 9/1/2022-8/31/2025 MILITARY ECOMONIC Appointed: 9-0 A Y Y Y Y Y YYY A Y DEVELOPMENT ADVISORY Christopher Chope COMMITTEE Unexpired Term thru 2/28/2023 +5 Year Term 3/1/2023-2/29/2028 OCEANA LAND USE CONFOMITY Reappointed: 9-0 A Y Y Y Y Y YYY A Y COMMITTEE Joe Ferrara- Residential Property Owner in APZ-1 John Parker- Commercial Property Owner in APZ-1 5 Year Term 9/1/2022-8/31/2027 OLD BEACH DESIGN REVIEW Appointed: 9-0 A Y Y Y Y Y YYY A Y COMMITTEE Page Miyares- Representing Resort Advisory Commission Member No Term PARKS AND RECREATION Reappointed: 9-0 A Y Y Y Y Y YYY A Y COMMISSION Jill Ewell-AT-LARGE 9/1/2022-12/31/2022 PUBLIC LIBRARY BOARD Appointed: 9-0 A Y Y Y Y Y YYY A Y Charlote Zito 4 Year Term 9/6/2022-8/31/2026 Reappointed: Nealy Gihan 4 Year Term 9/1/2022-8/31/2026 SOUTHEASTERN PUBLIC SERVICE Appointed: 9-0 A Y Y Y Y Y YYY A Y AUTHORITY OF VIRGINIA Jeremy M.Kline- City Employee No Term TRANSPORTATION DISTRICT Appointed: 9-0 A Y Y Y Y Y YYY A Y COMMISSION OF HAMPTON ROADS Megan Gribble No Term CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:09/06/2022 PAGE: 7 B E AGENDA R H ITEM# SUBJECT MOTION VOTE L B H 0 W W U R E L M R T I O C A D N C I MOO L O C N Y , L 0 L 0 U W S T H C E , E M ES SEOE I H R YBS S E R N N VIRGINIA BEACH COMMUNITY Reappointed: 9-0 A Y Y Y Y Y Y Y Y A Y DEVELOPMENT CORPORATION Christopher L.Brown Jerome Crain,Jr. Robert Ewell 4 Year Term 9/1/2022—8/31/2026 WETLANDS BOARDS Reappointed: 9-0 A Y Y Y Y Y Y Y Y A Y Jason Barney 5 Year Term 10/1/2022—9/30/2027 CITY COUNCIL LIAISON Appointed: 9-0 A Y Y Y Y Y Y Y Y A Y DEVELOPMENT AUTHORITY Michael Berlucchi FLOOD PREVENTION BOND John D.Moss REFERENDUM OVERSIGHT BOARD HOUSING ADVISORY BOARD Delceno C.Miles MILITARY ECONOMIC N.D.Rocky Holcomb DEVELOPMENT ADVISORY COMMITTEE MINORITY BUSINESS COUNCIL Delceno C.Miles STORMWATER APPEALS BOARD Barbara M.Henley L. UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT 7:18 PM OPEN DIALOGUE 5 SPEAKERS 7:30 PM